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WELD COUNTY
CODE ORDINANCE 2018-03
[:•11.1IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 2 ADMINISTRATION, CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING, AND
CHAPTER 24 SUBDIVISIONS (HISTORIC TOWNSITE), 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 repealed and re-enacted.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 2
ADMINISTRATION
ARTICLE XIII - Weld County Addressing System
Amend Sec. 2-13-40. Issuance of addresses.
Addresses shall only be issued for locations within the unincorporated areas of the County
where structures are being constructed or power poles erected and which necessitate the
issuance of building or electrical permits by the Department of Building Inspection, or the issuance
of a Weld County Oil and Gas Location Assessment (WOGLA) by the Department of Planning
Services. Addresses shall also be issued to all lots in subdivisions, minor subdivisions and
Recorded Exemptions within thirty (30) days of being recorded in the offices of the Weld County
Clerk and Recorder. All issued addresses shall be transmitted forthwith to the GIS Department
for inclusion into the Weld County Address Database. To be issued an address. the location must
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be a legal lot (defined in Section 23-1-90 of this Code) served by an approved access. as such
term is defined in Section 2-13-50 of this Article. Only one (1) address will be issued per legal lot,
except where more than one (1) address is justified, as determined by the Department of Planning
Services.
Amend Sec. 2-13-70. Rules for issuance of addresses in County.
A. thru F. — No change.
G Addresses issued to legal lots located within unincorporated platted townshipshistoric
townsites (defined in Section 23-1-90 of this Code) rriayshall be determined by reference to
the platted road name.calcula:ed either -by the method described in` -Subsection F -above. or
by numbering unique to- the townships. When an address is issued for a non -County -
maintained road within an historic townsite, the person requesting the address shall be
required to pay for the installation of a blue street sign, if none exists. All addresses issued
shall be consistent with established addresses within the townshipseach historic townsite.
Remainder of Section — No change.
CHAPTER 8
PUBLIC WORKS
ARTICLE VI - Miscellaneous Provisions
Amend Sec. 8-6-40. Road maintenance policy. (Repealed and reenacted in Sec. 8-6-150).
The County may accept -roads wit
�4- All roads
the subdivision- regulations in effect upon the d
ntenance under
R- Property
ements.
C. Acceptance of roads for maintenance- by the County requires approval -tom resolution of - the
Board of Co
Amend Sec. 8-6-60. Sign policy.
A. The County sign shop shall produce signs enty for roads maintained by the County, including
County -maintained roads in subdivisions, unincorporated areas and uorpoc-ated towns
historic townsites,o where the signs are produced pursuant to a separate intergovernmental
agreement with a governmental agency ; and for non -County -maintained roads upon request
and payment of the cost of the signs by the persons making such requests.
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Remainder of Section — No change.
Amend Sec. 8-6-150. Road acceptancemaintenance policy for public roads.
The County does not . (See Article I, Sec. 8-1-30,
Snow Removal -Fra-n A-: F, Operations, 7: Snow Policy.} The sponsor of the roadway
profectPersons desiring to obtain County maintenance of public roads shall first address such
request to the Board of County Commissioners for its consideration at one (1) of its regularly -
scheduled business meetings. The sponsorperson making the request shall be responsible to pay
the entire cost of notification to owners and/or occupants of lands lying adjacent to the roadway.
Such notification shall include a description of the request and shall set forth the time and place
of the Board consideration. County maintenance of public roads may occur only if authorized by
resolution of the Board of County Commissioners. Before a public road can may be
a-oceptedauthorized by the Board of County Commissioners for maintenance, the road must meet
the following minimum conditions:
A. and B — No change.
C. The width of the right-of-way canshall not be less than sixty (60) feet.
D. - No change.
E. The minimum road width shall be a minimum of twenty-six (26) feet of graveled surface or
meet the minimum design guidelines for the anticipated traffic on the roadway segment being
considered.
F. The following shall be the minimum acceptable standards before a road is accepted for
maintenance:
1. thru 4. — No change.
A minimum of four (4) inches of compacted gravel meeting Colorado Department of
Transportation specifications for Class VI material must be provided on the traveled surface.
The gravel shall be compacted in accordance with AASHTO Standard Proctor T-99 (Method
D) requirements.
HG.The road cannot be fenced or gated. There shall be no fences or other obstructions within the
right-of-way. If cattle have cross -access to the roadway, a cattle guard shall be installed in
accordance with the County cattle guard policy.
H. If a fence exists along the section line on which the road is to be built, relocation of the fence
to the road right-of-way lines shall be the responsibility of the sponsor(s) of the roadway
project.
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Reimbursement by the persons requesting authorization of County maintenance of public
roadssponsor(s) of the roadway -project shall be made for acreage within the road right-of-way
included in an adjacent property Conservation Reserve Program (CRP) crop or which has an
unharvested annual crop demolished by the roadway construction project.
KJ. The sponsor(s) of the roadway pro}eetpersons requesting authorization of County
maintenance of public roads shall be responsible for all costs associated with construction of
the roads and may utilize various means of funding necessary improvements, including,
without limitation, local improvement districts approved by the Board of County
Commissioners.
Add Section. 8-6-155. Road maintenance policy for private roads, lanes or driveways.
Weld County does not maintain private roads, lanes or driveways.
CHAPTER 23
ZONING
ARTICLE I - General Provisions
Amend Sec. 23-1-90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as
defined in this Section. The following specific words and phrases, when appearing in this Chapter
in uppercase letters, shall have the meanings stated in this Section:
HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels of land created by recording a
plat or map which shows the boundaries of such lots, tracts, or parcels and the original parcel
from which they were created recorded prior to September 20, 1961, including, but not limited to,
Barnesville, Briggsdale, Buckingham, Camfield, Carlson, Carr, Chatoga, Cornish, Dearfield,
Dover, East Eaton, East Greeley, Fort St. Vrain, Fosston, Galeton, Gearhart, Gill, Gowanda,
Green City, Hardin, Hereford, Hillsboro, Lucerne, Keene, Keota, Kuner, Lucerne, Masters, Olinger
Subdivision, Peace Cemetery, Poudre City, Prospect Valley, Purcell, Puritan, Roggen, Sligo,
Stoneham, Vollmar, Wattenberg, and Youngstown. HISTORIC TOWNSITE includes all property
within such plat or map, whether or not amended or resubdivided by subsequent plat or map,
except for any property removed from said plat or map with approval by the Board of County
Commissioners.
PUBLIC WATER AND PUBLIC SEWER: Transmission, storage, treatment, collection or
distribution facilities which are constructed. operated or maintained by any group, organization,
special district or municipality for the purpose of providing the members of the group, organization,
special district or municipality with common ,water and sewer service facilities, in which sewage
is carried from individual LOTS by a system of pipes to a SEWAGE TREATMENT PLANT.
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PUBLIC WATER: A central water supply system provided through a municipality, water
district, water company or association for supplying water for household uses which is designed
to meet the minimum requirements of the Safe Drinking Water Act (SDWA), 42 U.S.C. §300f.
PUBLIC WATER includes a central water supply system providing water from one or more wells
to all lots in a residential development through a single connected system of pipes and facilities,
and which meets the requirements of Sec. 24-7-80.B.
ARTICLE V - Overlay Districts
Add Division 5 — Historic Townsites Overlay District
Sec. 23-5-400. Findings of fact.
There are unincorporated areas of the COUNTY which were partitioned by subdivision plat
recorded prior to the adoption of the Subdivision Regulations Resolution by the Board of County
Commissioners on September 20, 1961. It is recognized that in such platted areas it is desirable
to provide procedures for orderly development which balance the property owner's interest in
developing property within the subdivision plat with the public's interest in attaining the purposes
set forth in Section 24-1-30 of this Code.
Sec. 23-5-410. Purpose.
The purpose and intent of the HISTORIC TOWNSITE Overlay District regulations shall be to:
A. Provide procedures to allow for DEVELOPMENT of property within an HISTORIC TOWNSITE
consistent with the purposes set forth in Section 24-1-30 of this Code.
B. Assure proper location and operation of compatible land uses by maintaining land use
regulations within HISTORIC TOWNSITES.
C. Maintain the rural character of HISTORIC TOWNSITES.
D. Encourage infill of existing vacant platted LOTS within HISTORIC TOWNSITES.
Sec. 23-5-420. Uses permitted.
All USES permitted within the underlying zone district shall be permitted within HISTORIC
TOWNSITES, subject to the requirements of this Division 5.
Sec. 23-5-430. Requirements.
A. Building permits. The COUNTY will not issue a building permit for any STRUCTURE located
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within an HISTORIC TOWNSITE that enters the SETBACK or OFFSET established for the
underlying zone district, or extends over LOT lines. A building permit application within an
HISTORIC TOWNSITE shall require submission of a plot plan. No building permit shall be
final, nor shall any certificate of occupancy be provided until an Improvements Location
Certificate (ILC) is submitted. COUNTY staff shall verify that all STRUCTURES were
constructed in substantial compliance with the plot plan. To obtain a building permit for a
DWELLING UNIT in an HISTORIC TOWNSITE, the applicant must show the following:
1. The water supply is adequate in terms of quality, quantity and dependability. Wells on
individual LOTS are permitted with well permits issued by the Colorado Division of Water
Resources, when PUBLIC WATER is not reasonably available to the property.
2. Adequate sewer or septic service is available to serve the uses permitted. The sewer
service shall comply with the requirements of the applicable zone district and the Weld
County Department of Public Health and Environment (WCDPHE).
3. Access is or can be made available that provides for safe ingress and egress to a public
road. All accesses shall be constructed in accordance with the requirements set forth in
Chapter 12, Article V of this Code.
4. Construction of all internal roads of the HISTORIC TOWNSITE may only occur pursuant
to a Right -of -Way Use Permit issued by the Department of Public Works in accordance
with Chapter 12, Article IV of this Code, to ensure positive drainage and to avoid conflicts
regarding location of utilities.
5. The LOT is at least two and one half (21/2) acres in size with an individual well and septic
system, or between two and one half (21/2) acres and one (1) acre in size with public water
supply and septic system, except a building permit for a LOT within an HISTORIC
TOWNSITE which is smaller than two and one half (21/2) acres in size on an individual well
and septic system may be approved by the COUNTY upon a review and determination by
the WCDPHE that the LOT is capable of adequately accommodating the individual well.
For the review by the WCDPHE, the applicant must provide:
a. A soils evaluation noting soils type in concurrence with the On -site Wastewater
Treatment System (OWTS) regulations set forth in Chapter 30 of this Code;
b. A plot plan/site plan noting proposed well locations (both onsite and on adjacent
properties);
c. Proposed septic system locations and any other applicable setbacks, such as property
lines irrigation ditches, water bodies, water lines, easements and right-of-way,
dwellings, cut banks, dry gulches, and intermittent water bodies;
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A master site plan of the HISTORIC TOWNSITE showing locations of wells and septic
systems on all properties within the HISTORIC TOWNSITE; and
e. If requested by the WCDPHE, a septic envelope and/or well envelope.
6. As a condition of approval of a building permit within an HISTORIC TOWNSITE, the
applicant shall be required to obtain an approved Road Access Permit, pursuant to the
provisions set forth in Chapter 12, Article V of this Code. Application for a Road Access
Permit to a resubdivided LOT within an HISTORIC TOWNSITE shall include
acknowledgement by the applicant that:
a. The platted STREET or road of the HISTORIC TOWNSITE from which access is
sought will not be maintained by the COUNTY unless it is brought up to the standards
and authorized for maintenance as set forth in Section 8-6-150 of this Code.
b. Access from the HISTORIC TOWNSITE onto a State Highway requires the issuance
of an access permit by the Colorado Department of Transportation, which may also
require the applicant to obtain a traffic study.
B. Resubdivision.
1. Resubdivision within an HISTORIC TOWNSITE may be necessary to combine LOTS,
change interior LOT lines, incorporate vacate rights -of -way into LOTS, remove property
from an HISTORIC TOWNSITE, vacate rights -of- way, or create additional LOTS, subject
to the requirements of Chapter 24, Article V of this Code and this Division 5.
2. In addition to the requirements and procedures for resubdivision provided in Chapter 241
Article V of this Code, the following statement shall be included as a note on the
resubdivision plat of property located within an HISTORIC TOWNSITE:
HISTORIC TOWNSITES are an important part of Weld County's history, culture, and
economy. These subdivisions were created in the late 19th and early 20th centuries.
Persons moving into HISTORIC TOWNSITES must recognize and accept there are
potential drawbacks in HISTORIC TOWNSITES that may not be present in modern
subdivisions, including concerns related to stormwater drainage, water supply limitations,
setbacks between wells and septic systems, road access, and road maintenance. Weld
County does not maintain internal roads within HISTORIC TOWNSITES unless expressly
authorized by resolution of the Board of County Commissioners.
C. NONCONFORMING STRUCTURES. To the extent that it does not meet the requirements of
this Division 5, any STRUCTURE for which the COUNTY has issued a final building permit or
certificate of occupancy, located on any LOT or group of LOTS deeded together within an
HISTORIC TOWNSITE, shall be considered a NONCONFORMING STRUCTURE. Without
resubdividing, the owner of a NONCONFORMING STRUCTURE within an HISTORIC
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TOWNSITE may receive building permits for the following, as long as such work does not
extend into the SETBACK or OFFSET and does not cross LOT lines:
1. Repairs, restorations or additions to such STRUCTURE, as long as such repairs,
restorations or additions comply with the requirements of Section 23-7-40 of this Code, or;
2. Construction of ACCESSORY BUILDINGS that comply with the ASSESSORY USE
requirements of the underlying zone district.
Alternatively, the property owner may apply for resubdivision of the property in accordance
with Chapter 24, Article V of this Code, and then may apply for building permits.
Sec. 23-5-440. — Establishment of Overlay District.
There is hereby established in the COUNTY an HISTORIC TOWNSITES Overlay District. The
HISTORIC TOWNSITES Overlay District includes all land which is located within an HISTORIC
TOWNSITE.
CHAPTER 24
SUBDIVISIONS
ARTICLE I - General Provisions
Amend Sec. 24-1-40. Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings
stated in this Section:
Historic Townsite: A group of lots, tracts, or parcels of land created by recording a plat or map
which shows the boundaries of such lots, tracts, or parcels and the original parcel from which they
were created, recorded prior to September 20, 1961, including, but not limited to, Barnesville,
Briggsdale, Buckingham, Camfield, Carlson, Carr, Chatoga, Cornish, Dearfield, Dover, East
Eaton, East Greeley, Fort St. Vrain, Fosston, Galeton, Gearhart, Gill, Gowanda, Green City,
Hardin, Hereford, Hillsboro, Keene, Keota, Kuner, Lucerne, Masters, Olinger Subdivision, Peace
Cemetery, Poudre City, Prospect Valley, Purcell, Puritan, Roggen, Sligo, Stoneham, Vollmar,
Wattenberg, and Youngstown. Historic Townsite includes all property within such plat or map,
whether or not amended or resubdivided by subsequent plat or map, except for any property
removed from said plat or map with approval by the Board of County Commissioners.
Delete Obsolete subdivision.. -Any approved or -recordec subeivision p at, map, p an or
incorporated community legally fled -ems any
subdivisions and/or lacking survey information of sufficient detail to determine precise lot location,
size; configuration or other necessary information.
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Public water -and-pub-11G sewer. Transmission, storage, treatment, collection or distribution
facilities which are constructed, operated or maintained by any group, organization, special district
or municipality for the purpose of providing the members of the group, organization, special district
or municipality with common water or sewer service facilities, in which sewage is carried from
individual lots by a system of pipes to a sewage treatment plant.
Public water: A central water supply system provided through a municipality, water district,
water company or association for supplying water for household uses which is designed to meet
the minimum requirements of the Safe Drinking Water Act (SDWA), 42 U.S.C. §300f. Public water
includes a central water supply system providing water from one or more wells to all lots in a
residential development through a single connected system of pipes and facilities, and which
meets the requirements of Sec. 24-7-80.B.
ARTICLE V - Resubdivision
Amend Sec. 24-5-10. Purpose.
The resubdivision process is used to propose changes to an approved or recorded subdivision
plat, map, p anof a major or minor subdivision or historic townsite to add lots, change lot lines,
vacate all or parts of the subdivision plat, vacate areas researched for public use, or vacate utility
and/or drainage easements. or unincorporated community legally filed prior to adoption of any
regulations controlling subdivisions. The-resubdivision section describes three (3) -procedures for
proposing changes to lots, lot lines, streets, areas reserved- for public use
easements. The resuodivision for vacation of right-of-way is described in Section 24-5-20. The
resubdivision process for changes to lot - lines only is described in Section 24-5-30. The
resubdivision process for the purpose of redesign, addition of new lots or vacation of all or a
portion of a subdivision is described in Section 24-5 40
Sec. 24-5-15. Resubdivision process and time parameters. (Repealed).
The applicant shall submit -three (3} paper copies of the plat for preliminary approval to the
Department of -Planning Services. -Lipori approval of the paper copies, the applicant shall submit
alstly
ie required as conditions of approval. The My-lar plat
shall be -recorded in the office -of -the -County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements -of -
Section 24-5-302.5 or Section --24-5-40.B.1 of this -Code. The Mylar plat and additional
requirements shall be recorded within sixty (60) days from the date of the Board of County
Commissioners -resolution. The applicant shal be responsible for paying the recording -fee. If a
resubdivision -prat ha • • ty (60) days from the date of the Board of
County Commissioners resolution, or within a date specified- by the Board of County
y -require before it a- present evidence
substa i-v-ision has not been abandoned and that the applicant possesses
the willingness and ability to record the resubdivision plat. The Board of County Commissioners
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may extend the date for -recording the plat. If the Board determines that conditions supporting the
original approval of the resubd-ivision plat -cannot be- met, the Board may, after a public hearing,
revoke the resubdivision.
Sec. 24-5-20. Resubdivision for vacation of right-of-way. (Repealed).
The resubdivision for vacation of right-of-way permits the vacation of -certain roads, streets or
alleys. A resubdivision-for vacation of Of
ownership patterns or which can ions A through C below shall be required
edure described in -Section 24-5-40 below. The resubdivision for
3e Wised when the following conditions apply:
A. There is right-of-way shown on an approved plat or map has not been used for its intended
purpose for the last twenty-one (21 -}-years or since the recordFng of the approved plat.
Seventy percent (70%) of the landowners adjacent to the proposed
ation by signing a petition.
The vacation shall only be permitted when it is compatible with the surrounding area and uses,
is -consist orderly deve
22 of this code
and -does not deprive any- parcel of adequate -access -to -a public road or street right-of-way.
D. The vacation e the reservation of an easement for public utility
or drainage purposes in order to meet the easement requirements of Section 2114-60.
E The following information shalt be submitted as part of the resubdivision for vacation of -right-
of-way application:
a-:- An application form provided by the De
2: A certified fist of the names, addresses and the corresponding parcel identification
numbers assigned
street or alley considered for vacation. The fist shall be compiled from the records of the
County- Assessor, title company or an attorney. The applicant shall -certify- the list was
assembled within thirty (30) days of the -application submission date.
3- A petition signed lay seventy percent (70%) of the property owners adjacent to the property
under consideration.
4. A written tion a�reason for proposing the right -of way vacation.
5. A written statement explaining all lots and parcels adjacent to t
vacation meet the utility easement standards of -Section 24-7-60 of this Chapter
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6-. Re -subdivision for vacation of right of -way map -requirements.
a. The dimensions of the resuoc
'vision
=or
�e vacation of right -of -way --map-- shall be
twenty-four (24) aches by y-s+x- (36) inches.
b. Unless otherwise approved by Department of Planning Service staff, the resubdivision
map shall be drawn at--a-scale of one (1)- inch equals one hundred (100) -feet, or one
(1) inch equals two hundred (200) feet. The sketch shall include the proposed right -of
lot configuration, the location and measurements of all
utility easements and drainage features. A pear[y-drawn or illegible sketch is sufficient
cause for its rejection.
F. Resubdivision for the vacation of right -of -way -review procedure -
1. Any person wanting to apply for the vacation of a right-of-way shall arrange for a
preapplication conference with the Department of Planning Services --Upon receipt of a
complete resubdivision application, the Department of Planning Services will schedule the
request before the B-oacd-of County • hin sixty (60) days, -144 the event -a
utitity- easement is affected, the Department of Planning Services shall schedule the
request on the first available Utilities Coo acing- Advisory Committee meeting before
presenting the request to the Board of County Commissioners.
Planning Services shall give notice of- the application for a
resubdivision for vacation • ate to those persons listed in
the application as -owners of- property adjacent to the vacation property under
consideration. The notice shall be mailed, first class, not less than ten (10) days before
the scheduled meeting.
3: A recommendation for the application shall be prepared by the Department of Planning
Services. Th address al -I -a
-A-through D above.
4. The -Board of Cou
the application, +r
recommendation from the Department of Planning Services. A- -and
sketch shall be kept --on-- file with the Clerk to the Board. If the Board of County
Commissioners approves the request, the Board's resolution and resubdivision map shall
be recorded in the office
h -a -1 -1 -hold a public hearing to consider all aspects -of
G. Nothing in this Sects
road right -of -way -
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Amend Sec. 24-5-30. Resubdivision application process and submittal requirementsfor
changes to lot lines.
A. An applicant shall submit a complete resubdivision application and application fee to the
Planner. The following information shall be submitted as part of a resubdivision application:
1. The resubdivision application must be on a form provided by the Planner. The application
must be signed by all persons on the deed, an authorized agent with a letter from the
property owner(s) granting authorization, or if the property is owned by a corporation -
documentation indicating that the person signing is authorized (officer of the corporation)
to sign the application.
2. A copy of a title commitment issued by a title insurance company or a title opinion by an
attorney licensed to practice in the State. The commitment or opinion shall set forth the
names of all owners of the property. The commitment or opinion shall include a list of all
mortgages, judgments, liens, easements, contracts and agreements of record in the
County affecting the property described in the application. If the attorney's opinion or title
commitment discloses additional holders or owners of such mortgages, judgments, liens,
easements, contracts or agreements, not party to the application, the Board may require
them to join in and approve it. The title commitment or opinion shall be completed within
thirty (30) days prior to the application submission date.
3. A description of the resubdivision request. The description must explain how the
resubdivision complies with the approved subdivision plat and with the adopted rules,
regulations and ordinances currently in force and affecting the plat.
4. A copy of the recorded subdivision plat.
5. A summary of any concerns identified during the resubdivision application conference
with the Department of Planning Services, including an explanation of how the concerns
will be addressed or resolved.
6. Copies of any covenants, grants of easement and restrictions imposed upon any land,
buildings and structures within the resubdivision.
7. A copy of a Colorado Department of Transportation Access Permit if a road or street
within the subdivision plat intersects with a state highway.
8. A copy of the deed or legal instrument identifying the applicant's interest in the property.
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9 Proof of water on site: Submit a letter from the water district or municipality, a water bill,
or a copy of the well permit(s) indicating existing service or availability of water service to
each proposed lot. If using a well, complete the Water Supply Information Summary form
supplied by the Department of Planning Services.
10. Proof of sewage disposal: Submit a copy the septic system permit(s) on each lot, a
statement that septic will be provided for vacant lots only, or a letter from the sanitary
sewer district indicating existing service or availability of sewage disposal to each lot.
11. A Certificate of Conveyances, including the cover letter and all attachments (deeds). The
Certificate of Conveyances be completed within thirty (30) days of the application
submission date.
12. A statement describing any proposed drainage, access and/or utility easements on the
plat as part of the resubdivision.
13. A drainage narrative which must describe, at a minimum:
a. Where water flowing onto the resubdivision lot(s) originates;
b. Where water flowing onto the resubdivision lot(s) flows as it leaves the property;
c. Direction of water flow across the resubdivision lot(s); and,
d. If there have been previous drainage problems on the property.
Adequate drainage within the historic townsite is necessary to preserve and promote the
health, safety, and general welfare of its inhabitants, and to reduce or eliminate impacts to
maintained county roads and other county infrastructure. Drainage coming from new
development in historic townsites must not adversely impact adjacent properties.
Depending upon what the drainage narrative shows, a drainage report prepared in
compliance with the requirements of Sections 24-7-120 and 24-7-130 of this Chapter
may be required.
14. A certificate from the County Treasurer showing no delinquent taxes for the resubdivision
area.
15. Resubdivision plat:
a The plat shall show only the property under consideration for the resubdivision.
b. The plat shall be delineated in nonfadinq permanent black ink on a dimensionally
stable polyester sheet, such as Cronar, Mylar or other product of equal quality, three
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(3) millimeters or greater in thickness. The size of each sheet shall be twenty-four (24)
inches in height by thirty-six (36) inches in width. No final plat submitted shall contain
any form of stick -on type material such as, but not limited to, "sticky -back" or adhesive
film, Kroy lettering or tape. The drawing shall be at a scale of one (1) inch equals one -
hundred (100) feet.
c. A photo Mylar copy or diazo-sensitized Mylar copy of the original ink drawing, three
(3) millimeters or greater in thickness, may be submitted.
d. The plat shall meet the following criteria: bear original signatures and seals; be made
from a dimensionally stable polyester sheet such as Cronar or Mylar or other product
of equal quality; be at least three (3) millimeters in thickness; and all components,
including signatures, shall be made with nonfading permanent black ink.
a The plat shall bear original signatures and seals. The drawing shall be at a scale of
one (1) inch equals one hundred (100)feet.
f If a resubdivision requires more than two (2) sheets, a map showing the relationship
of the individual sheets shall be required.
g.
A survey is required for all resubdivisions. All work shall comply with the requirements
of C.R.S. §§ 38-50-101, 38-51-101, 38-51-102, 38-53-103 and 38-53-104. The
external boundaries of the property being resubdivided shall be monumented in
accordance with C.R.S. §38-51-105.
h. All work shall comply with the requirements of the "Bylaws and Rules of Procedure
of the State Board of Registration for Professional Engineers and Professional Land
Surveyors" and "Rules of Professional Conduct of the State Board of Registration for
P rofessional Engineers and Professional Land Surveyors - Board Policy Statements."
i. The resubdivision plat shall be referenced to at least two (2) public land survey
monuments of record in accordance with C.R.S. §38-53-102(7).
The surveyor making a plat shall certify on the plat that it conforms with all applicable
rules, regulations and laws of the State of Colorado, State Board of Registration for
P rofessional Engineers and Professional Land Surveyors, and the County.
k The surveyor shall affix his or her name, seal and date of certification as prescribed
in the "Bylaws and Rules of Procedure of the State Board of Registration for
P rofessional Engineers and Professional Land Surveyors."
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I. The basis of bearings, north arrow, subdivision or historic townsite name, date, total
acreage, total number of lots, name and address of the owners of record, legal
description, stated scale and graphic scale.
m. The bearings, distances and curve data of all perimeter boundary lines shall be
indicated outside the boundary line, not inside with the lot dimensions. When the plat
is bounded by an irregular shore line or a body of water, the bearings and distances
of a closing meander traverse shall be given and a notation made that the plat
includes all land to the water's edge or otherwise.
n. Resubdivision lots be numbered consecutively and in sequence with the lot numbers
on the subdivision plat being resubdivided. Bearings and lengths shall be given for
all lot lines, except for interior lot lines where the bearings and lengths are the same
as both end lot lines. All dimensions of irregularly shaped lots shall be indicated. All
lot lines intersecting a curve shall state if they are radial or non -radial lines. Lengths
shall be shown to hundredths of a foot and angular dimensions and bearings to
seconds of arc.
o. The area of each lot shall be shown in acres.
Curved boundaries and all curves on the final plat shall include the radius of curve,
central angle, chord distance and bearing.
Any parcel that is excepted from the resubdivision shall be marked, "not included in
this resubdivision." The boundaries of an excepted parcel shall be identified by
bearings and distances.
r All easements that are not parallel to a lot line shall be designated and identified by
bearings and dimensions.
s. The location of easements along lot lines for water, sewer, electric, gas, telephone
and any other utilities within the resubdivision shall be shown. Utility easements shall
be designed to meet the requirements of this Chapter. Any easement proposed to be
vacated shall be shown and labeled with a hatched pattern.
t All land within the boundaries of the resubdivision shall be accounted for either as
lots, easements, rights -of -way, private streets or public areas.
u. The resubdivision plat shall show the location of any plugged or abandoned oil and
gas well. The well shall be permanently marked by a brass plaque set in concrete,
similar to a permanent bench mark, to monument its location. Such plaque shall
contain any information required on a dry hole marker by the Colorado Oil and Gas
Conservation Commission.
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v. The certificates and seals described in Appendix 24-B to this Chapter may be
required by the Planner to be placed on the resubdivision plat. Provision shall be made
for all seals to be placed approximately two (2) inches from the resubdivision plat
border.
w. The location of any sign requiring zoning approval shall be shown. Distances from
property lines shall be indicated.
A. This process is not to be used for lot lin
submitted as
lines:
1. An -application
-Planning Services.
a Copies of all -deeds or legal- instruments —identifying all fee owners -of property under
considerat on. if an authorized agent signs, a letter of authorization from all fee owners
the app ication.-a corporation is the fee owner, notarized evidence
signatory has ion.
a: A letter--exp aining the lot line revision request and dew the revision complies with the
a Ane re -Vision complies with the
adopted rules, regulations and ordinanc vision.
4. A copy of the approved
resubdivision.
6 resubdivision plat map. The resubdivision-plat map shall be prepared in accordance with
Paragraphs 24-4-4O.D.6 through D.8 of this
under consideration for the resubdivision.-If a utility easement is affected by a lot line
revision, the easement shall be shown on the resubdivision plat map in accordance with
Section 24-7-6O of this Chapter.
6-- An affidavit :+sting the names and addresses of all entities
propertybeingconsidered. The list -shall be compiled -from the -title commitment issued by
a --title ins an -attorney licensed to practice in the State,
and shad be current as of a date not more than thirty (30) days prior to the date the
application is submitted -to -the Department of -Planning- Services
Review procedures for
resubdivision for changes to- lot -i-----
1. Any person wanting to apply for review of a resubdivision for changes to lot lines shall
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arrange for a preapplication conference with the Department of Planning Services. Upon
receipt of a complete resubdivision application, the Department of Planning Services will
schedule the request before the Board of County Commissioners.
2. In the event a utility easement is affected. the Department of Planning Services shall
schedule the resubdivision request on the first available Utilities Coordinating Advisory
Committee meeting before presenting the request to the Board of County Commissioners.
3. The Planner shall give notice of the resubdivision and the public hearing date to those
persons listed in the application as owners of property located within five hundred (500)
feet of the resubdivision lots) and/or easements being vacated. Such notification shall be
mailed, first-class, not less than ten (10) days before the scheduled public hearing.
Inadvertent errors by the applicant in supplying such list, or the Board of County
Commissioners in sending such notice, shall not create a jurisdictional defect in the
hearing process, even if such error results in the failure of a surrounding property owner
to receive such notification.
4. The Planner shall post a sign on the property under consideration for a resubdivision. The
sign shall be posted adjacent to, and visible from, a publicly maintained road right-of-way.
In the event the property under consideration is not adjacent to a publicly maintained road
right-of-way, one (1) sign shall be posted in the most prominent place on the property and
a second sign shall be posted where a driveway (access drive) intersects a publicly
maintained road right-of-way. The Department of Planning Services shall certify that the
sign has been posted the ten (10) days preceding the hearing date, evidenced with a
photograph. The sign will show the following information:
a. The assigned application number.
b. The date, time and place of the public hearing.
The phone number and location of the Department of Planning Services.
d. The applicant's name.
e The acreage of the parcel which is the subject of the resubdivision.
f. The number of resubdivision lots requested.
The Planner shall arrange for legal notice of the Board of County Commissioners meeting
to be published in the newspaper designated by the Board for publication of notices. The
date of publication shall be at least ten (10) days prior to the hearing.
The Planner shall send the application for resubdivision to referral agencies, including, but
not limited to, municipalities within a three (31 mile radius of the property and interested
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historic preservation organizations, for review and comment. The agencies shall respond
within twenty-eight (28) days after the mailing of the application by the County. Failure of
any agency to respond within twenty-eight (28) days may be deemed to be a favorable
response. The reviews and comments solicited by the County are intended to provide the
County with information about the resubdivision. The Board of County Commissioners
may consider all such reviews and comments and may solicit additional information, if
such information is deemed necessary. Reviews and comments submitted by a referral
agency are recommendations to the County. Authority for making the decision to approve
or deny the request for a resubdivision rests with the Board of County Commissioners.
The Department of Planning Services shall prepare a recommendation for use by the
Board of County Commissioners. The recommendation shall address all aspects of the
application, including how the lot line revision complies with the approved recorded final
plat, and how the application complies with the adopted rules, regulations and ordinances
currently in force and affecting the subdivision.
48. The Board of County Commissioners shall hold a public hearing to consider all aspects of
the application, including how the lot line revision complies with the approved recorded
final plat, how the application complies with the adopted rules, regulations and ordinances
currently in force and affecting the subdivision and the recommendation from the
Department of Planning Services. If the Board of County Commissioners approves the
request, the Board's resolution and resubdivision map shall be recorded in the office of
the County Clerk and Recorder.
C. Prior to, or commensurate with, processing a resubdivision to change a lot line to include any
portion of a street, road, or alley within a recorded subdivision plat, the street, road, or alley
must be vacated by resolution of the Board of County Commissioners pursuant to the
procedures set forth in Chapter 17, Article VII of this Code.
Amend Sec. 24-5-40. Resubdivision plat time parametersfor redesign, addition or vacation.
The resubdivision plat shall be recorded within sixty (60) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording
fee. If a resubdivision plat has not been recorded within sixty (60) days from the date of the Board
of County Commissioners resolution, or within a date specified by the Board of County
Commissioners, the Board may require the applicant to appear before it and present evidence
substantiating that the resubdivision has not been abandoned and that the applicant possesses
the willingness and ability to record the resubdivision plat. The Board of County Commissioners
may extend the date for recording the resubdivision plat. If the Board determines that conditions
supporting the original approval of the resubdivision plat cannot be met, the Board may, after a
public hearing, revoke the resubdivision.
A. T res ivi-ion process is used -for the purpose -of -redesign, addition of new lots or vacation
of -all- l - or portions of a -subdivision.
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a. Submittal requirements:
1-. This resubdivision process requires- all information listed in Section 24-4-40.D. The
r and plat shall consideration for the
resubdivision. If an application requirement is not applicable to the proposed
resubdivision, it may be waived by the Department -of-Planning Services.
2.- In addition to the requirements of Section 24
shall be submitted: -
orm provided
�— A letter explaining the resubdivision request. Theproposed
resubdivision complies with the approved final plat. The letter shall also explain how
the -resubdivision complies with the adopted cules, regulations and ordinances
a Acopy of the recorded -final -plat
d. All public easements or I to be -vacated shall -be-identifiec and
shown in hatch line form, on -the resubdivision plat -to -be -recorded. A legal description
shall also easement or right-of-way not parallel to a lot line.
3. Drainage easements or rights -of -way deeig
unless supported by a dr
subdivision.
shall not be changed
ete engineering data for the affected
4. An affidavit listing the names and addresses of all entities with a security interest in the
property being considered. The list shall be compiled fitment issued -by
a -
and shall be current as of a date not more than thirty (30) days prior to the date the
application is submitted to -the -Department g€ Planning Services.
G: —Any person wanting resubdivision for redesign or addition of new lots,
of -vacation of all or -portion - f -a subdivision, shy ge for a preapplication conference
with the Department of Planning Services.- Upon receipt of a complete- resubdivision
application, the Department of Planning Services -will schedule
of
D--N-e-lot or- parcel shal be created that -is less than the minimum size standards set forth in
Section 24-7-50 of this chapter.
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Amend Sec. 24-6-60. Location/Site Improvements Certificate.
A Location or Site Improvements Certificate (including adjacent rights -of -way) certified by a
registered Colorado surveyor maywill be required in conjunction with Building Permit applications
for a lot in an ob-so4ete suodivisionhistoric townsite or subdivision, and may be required for O a
lot lacking survey information of sufficient detail to determine precise lot location, size.
configuration or other necessary information as required by the Department of Planning Services.
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 2018-03 was, on motion duly made and
seconded, adopted by the following vote on the 17th day of September, A D , 2018
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Steve Moreno, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY
Deputy Clerk to the Board
Sean P Conway
APPROVED AS TO FORM
Julie A Cozad
County Attorney
Date of signature
Publication June 27, 2018
First Reading
Publication
Mike Freeman
August 6, 2018
August 15, 2018, in the Greeley Tribune
Second Reading August 29, 2018
Publication September 5, 2018, in the Greeley Tribune
Final Reading
Publication
September 17, 2018
September 26, 2018, in the Greeley Tribune
Effective October 1, 2018
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