HomeMy WebLinkAbout20161503.tiff CSI Hoffman
From : Janet Lundquist
Sent : Friday, June 10 , 2016 5 : 12 AM O1/00
To : Cheryl Hoffman
Cc : Esther Gesick
Subject: RE : ORD2016-05 - Access Permits
Attachments : Chapter 12 Article V( 060616 ) . docx
I apologize for the delay in getting back with you . It has been a crazy week ! I attached the latest version based upon the
BOCC comments at the work session . Thanks for all of your work on these code changes .
Janet Lundquist
Support Services Manager
Weld County Public Works Dept.
P . O . Box 758, Greeley, CO 80632
Tele -970 . 356 .4000 ext 3726
Fax- 970 . 304 . 6497
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure . If you have received this communication in error, please immediately notify sender by return
e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the
•
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
Original Message
From : Cheryl Hoffman
Sent : Wednesday, June 08, 2016 9 : 12 AM
To : Janet Lundquist
Cc : Esther Gesick
Subject : ORD2016-OS - Access Permits
Good morning, Janet .
I' d like to get started on making changes to this ordinance and have the information you provided at the work session on
Monday . I know there were a few changes the commissioners wanted to make in this . Do you have all the new
language yet, Janet ?
Have a wonderful day !
Cheryl L. Hoffman
Deputy Clerk to the Board
I'
1150 O Street I P . O . Box 7581 Greeley, CO 80632
email : choffman@weldgov. com
tel : ( 970 ) 400-4227
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise
protected from disclosure . If you have received this communication in error, please immediately notify sender by return
e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
2
ARTICLE V
Road Access Policy
Sec . 12 -5-10 . General .
This Article 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 , to maintain unobstructed roadside drainage , and to protect
the functional level of County roadways . This Article shall apply to all accesses onto roads located
within the unincorporated area of Weld County , including accesses from municipalities or other
counties , which may exist as of the effective date of this Article or are new after that date .
Sec . 12 -5-20 . Purpose .
Land use , natural resources recovery , general utilities , and development have impacts on
County roads . This Article recognizes that the efficiency and safety of County roads depends , to
a large extent , upon minimizing roadside interference and its detrimental effect upon the
movement of traffic. This Article describes the minimum requirements for the design ,
construction , and maintenance of accesses onto Weld County roads .
Sec . 12 -5-30 . Regulation of access onto County roadways .
A . Access to a Single Parcel . A . nne nip net inee . Each parcel shall be allowed
one access per lot. Directpoint for safe ingress and egress , which may be an
existing or new shared access_ from a public road. Each parcel shall be limited to
not more than one ( 1 ) per legal lot , this single access except as may be expanded
or further limited or restrictedmodified by the Board of County Commissionersi-or
staff,i as a result of zoning requirements„,-_, consideration in land use applicationsi;j
safety considerationsi;i subdivision regulations ; ; or inability to meet minimum
requirements as definedoutlined in the Weld County DesignEngineering and
Construction Criteria .- document shown in appendix 12-A .
B . Access permit required . Any person constructing a new access onto a maintained
County road , or reconstructing , paving , altering , enlarging , or changing the use of
any existing access onto a County- maintained road , must first be issued an access
permit by the Weld County 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 . 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 shallmay have a right to direct access to County roadways if no other
acceptable access is availablepermitted .
E . Agricultural Access . Low Volume Accesses with daily traffic of less than 20 trips
per day and that have an Agricultural Land Use may be granted additional
accesses on local and collector roadways that comply with the requirements as
outlined in the Weld County Engineering and Construction Criteria document
shown in appendix 12-A .
FE . Additional access . If a new access is requested 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 .
CF. 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 .
HG. Change of use . When the use of a principal structure or property there is proposed
tea change; in the classification or type of traffic using an access or an increased
amount of traffic using an access a new access permit shall be required prior to as
a condition of the change in use . An improvements and road maintenance
agreement may be required as a condition of the access permit , where applicable .
IH . Access permit a condition of a land use conversioncase . When a new or existing
access is to be utilized in conjunction with a land use case , the issuance of an
access permit shall be a condition for obtaining approval . The granting of the
access permit may be conditioned upon the applicant signing an Improvements
and Road Maintenance Agreement , if applicable . A " land use case" may include
but 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 Chapters 23 and 27 of this Code .
Sec . 12 -5-40 . Access permit application .
A . Complete application required . Applicants shall file a complete application for an
access permit . An application shall be considered complete if it is submitted in the
required form , includes all mandatory information , including all supporting
materials , and is accompanied by the applicable fee . 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 . Development access . The Department of Public Works may allow access permits
to be processed in groups within a common development or subdivision to reduce
the administrative burden on applicants requesting permits concurrently for
multiple lots . Such "development access" is subject to a development review
application .
Sec . 12-5-50 . O&G Accesses .
A . Additional Access . O&G Land Uses may be granted additional accesses on local
and collector roadways that comply with the requirements as outlined in the Weld
County Engineering and Construction Criteria document shown in appendix 12-A .
The request will also need to include one or more of the following hardships in
justification for additional access :
1 . Impacts to Irrigation Pivot or Dairy Operation
2 . Impacts to Residential Home
3 . Documented Blockage or Interruption of Access
4 . Documented Roadway Geometric Issues
5 . Documented Physical or Size Limitations on the Parcel
B . Roadway Improvements . The review process may require public improvements
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 12-A . These potential roadway
improvements would be required for O&G accesses where there are continuously
sustained traffic volumes for over a year.
C . Temporary Construction Maintenance Agreement . A Temporary Construction
Maintenance Agreement may be required as a condition of granting the access
permit . Possible mitigations shall be set forth in the maintenance agreement . and
a ,
haul routes , damage repairs, and future roadway improvement triggers , in
. The agreement shall be made in conformance
with the County' s policy on collateral for improvements . The agreement shall be
approved by the Board . Violation of the Temporary Construction Maintenance
Agreement will constitute a violation of the permit and may subject the applicant to
revocation of the permit and/or other enforcement .
Sec . 12-5-60 . Complex Accesses .
Accesses with larger impacts; or traffic volumes on to the County roadway network are
considered complex accesses . Complex accesses may require additional application materials ,
agreements , or conditions in advance of approval .
A . Additional application materials required . Accesses with a transportationdaily
traffic of greater than 21 round truck trips per day or 50 round passenger vehicle
trips per day shall require additional application materials to be submitted for
review. This may include , but is not limited to , a traffic impact study may be
requiredand site and/or construction drawings to support review and approval of
an-the access permit application for anreview process . No Access Permit shall be
issued for a complex access serving development . without an accompanying
Improvements and Road Maintenance Agreement that meets the specifications in
the Engineering and Construction Criteria shown in appendix 12 -A.
8 . Roadway improvements . The development review process may require public
improvements such as acceleration and deceleration lanes , exclusive left or
right-hand turn lanes , or a traffic signals ..-, in accordance with the Weld County
Engineering and Construction Criteria , as shown in appendix 12 -A .
C . Improvements and Road Maintenance Agreement . An Improvements and Road
Maintenance Agreement (" improvements agreement" ) may be required as a
condition of granting the access permit if the application review process requires
roadway improvements or identifies that the traffic entering or exiting the access
impact County-maintained roadways . Possible mitigations shall be set forth in the
improvements and road maintenance agreement . The agreement shall be made
in conformance with the County ' s policy on collateral for improvements . The
agreement shall be approved by the Board . Violation of the Improvements and
Road Maintenance Agreement will constitute a violation of the permit and may
subject the applicant to revocation of the permit and/or other enforcement .
Sec . 12-5-7050. Application review, access permit issuance, and permit limitations, and
permit expiration.
A . Review process . The application and data filed 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 that the work
described in an application for an access permit conformconforms to the policies
and requirements set forth in this Article , meetmeets the requirements defined in
the Department of Public Works design criteriaWeld County Engineering and
Construction Criteria , as shown in appendix 12-A or other pertinent laws
regulations or ordinances , and that all required fees have been paid , an access
permit shall be issued to the applicant . Criteria upon which the access permit shall
be considered include , but are not limited to , the following :
1 . Safety . The access must not create a safety hazard to the travelling public .
2 . Constructability . The access must be able to be built according to general
construction practices .
B . 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 r app oved permit .
C . Permit limitations . An approved access permit requires the permit holder to meet
certain permitthe specifications and general engineering standards of the Weld
County Engineering and Construction Criteria , as shown in appendix 12-A when
working on the permitted access . The Department of Public Works shall be
responsible for ensuring compliance with such specifications and standards .
Reasonable care should be used i
D .
h-in one huncred and twenty
( 1-20) days from the date of the permit issuance , or if the construction of work
access permit must be reissued by the Department of Public Works .
Sec . 12-5-8060. 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 , or relocation of any part
of an access within the dedicatedroad 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 . 12-5-907-0. Access control .
A . 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 a right turn in and a right turn out
movements are allowed .
B . Access Control Techniques . A reduction in accesses will improve traffic flow,
operations , and safety of county roads . In an effort to reduce the number of existing
access points ; Applicants may be required to implement the following strategies to
reduce conflicts and maintain adequate access to all properties .
1 . Elimination . Applicants may be required to eliminate accesses that are in
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, if applicable .
2 . Relocation . Applicants may be required to move or relocate existing
accesses to a new location to either align with other accesses or to meet
spacing requirements , if applicable .
3 . Consolidation . Applicants may be required to consolidate multiple
accesses into a single access for accesses that are less than 150 feet
apart, if applicable .
4 . Shared Access . Applicants may be required to coordinate with neighboring
property owners to consolidate existing accesses into shared accesses ,
whenever feasible .
Sec . 12-5-100. 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 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 4872 hours in
advance of the access construction , if excavation is required .
B . Traffic control . Access construction activities shall not interfere with traffic on
County roadways . If interference with traffic is required , a traffic control plan shall
be submitted to , and approved by , the Department of Public Works as part of the
permit application . All traffic control shall conform to the most current version of
the Manual on Uniform Traffic Control Devices standards , which are available for
review at the Department of Public Works .
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. See Section 8-3- 10 of the Weld County Code .
D . Tracking control . Commercial , industrial or high traffic volume accesses shall be
maintained to mitigate impacts to the public road including damages and/or
offsite tracking of mud or other materials . Use by right agricultural accesses are
exempt . Tracking control is required to prevent tracking from the site onto public
roadways . The property owner may be held financially responsible for damage to
the roadway resulting from inadequate tracking control . All tracking control
devices and designs should be in accordance with the Weld County Engineering
and Construction Criteria , as shown in appendix 12-A .
E . Restoration and clean- up . 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 permit holder, upon notification
from the Department of Public Works , shall correct all work , within forty-five (45)
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 shall perform
the restorations at the permit holder' s expense .
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 . Closure and reclamation activities may include but are not
limited to re-establishing the profile of the burrow ditch , removing any gates in the
jfencing adjacent to the maintained right-of-way , and an attempt to reseed the
affected area located in the right-of way with natural vegetation to the satisfaction
of the Department of Public Works .
Sec . 12 -5-11080. Administrative fee.
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 .
Sec . 12 -5-12090. Variance from specific access permit requirements.
An applicant may request a variance from specific requirements set forth in this Article .
The Department of Public Works will consider requests for variances on a case-by-case basis .
Requests for variances should be submitted in a written letter addressing a hardship or
justification for the variance and shall comply with the requirements as outlined in the Weld County
Engineering and Construction Criteria document shown in appendix 12-A . . Requests will be
reviewed and acted upon by the Traffic Engineer to ensure they will adequately protect public
health , safety , and welfare . Public Works will respond with an approval or denial within thirty (30)
days of receipt .
Sec . 12 -5-130 Appeal of denial of access permit.
If an application for 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 thereb laced b the De artment,
the applicant has the right to appeal the decision to the Board of CountLCommissioners , in
writing , utilizing the appeal procedures set forth in Section 2-4- 10 of this Code .
Sec . 12 -5-140 Enforcement.
I
A . Violations and penalties . The County , through the Department of Public Works or
other departments so authorized , may enforce this Article through methods
included in this Article , or through other methods adopted by the Board of County
Commissioners .
B . Criminal n pe alties .
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 is guilty of
a Class 2 petty offense , which , upon conviction thereof, shall be punishable
by a fine of three hundred dollars ( $300 . 00) or by imprisonment in the
County jail for not more than ten ( 10) days , or by both such fine and
imprisonment , for each separate violation . Each day during which such
work on an illegal access continues shall be deemed a separate offense .
2 . Whenever the Department of Public Works , through one ( 1 ) of its
employees , has personal knowledge of any violation of this Article , 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 officeOffice 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
officeOffice 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 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
I
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 .
I
GC . Revocation of access permit . Should the applicant or any subsequent property
owner fail to abide by the
t e 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 , 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 .
DE . Civil penalties . In addition to any of the penalties set forth above , any person , firm ,
or corporation violating any such regulation , provision , or amendment thereof or
any provision of this Article may be subject to the imposition , by order of the County
Court , of a civil penalty in an amount of not less than two hundred fifty dollars
( $250 . 00) nor more than five hundred dollars ($500 . 00) . It is within the discretion
of the County Attorney to determine whether to pursue the civil penalties set forth
in this Article , the remedies set forth above , or both . Each day after the issuance
of the order of the County Court , during which such unlawful activity continues ,
shall be deemed a separate violation and shall , in accordance with the subsequent
provisions of this Section , be the subject of a continuing penalty in an amount not
to exceed fifty dollars ($50 . 00) for each such day . In no event shall civil penalties ,
imposed pursuant to this Subsection , constitute a lien against 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 and the terms of the permit .
FG . 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
the access and its appurtenances by the County at the Permit Holder' s expense .
GH . Access permit issued erroneously or upon incorrect information . Any access
permit which has 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 .
HI . Notice Regarding Illegal Access . 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 . 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 12-2- 100 , below.
Sec . 12-5-100.44apealanial=of
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BOCC STAFF USE OAA
Date Set: Time:
BOARD OF COUNTY COMMISSIONERS
Work Session Request
RE : Access Permit Code Changes Update
DEPARTMENT : WELD COUNTY PUBLIC WORKS DATE : June 6, 2016
PERSON REQUESTING : Janet Lundquist Extension : 3726
Brief description of the issue : (please select one) X Informational only ❑ Action needed
The Road Access Policy became effective June 29th 2010. Public Works would like to update the code to reflect our
current practices and add clarify the access permit process . We are also adding language to include improvement
agreements as a potential requirement of the access permit . The second reading was on May 23rd and we held a
stakeholder meeting on June 1St. Please see the track changes version of the code changes as modified from the
stakeholder meeting .
If a Work Session is required, recommended length of time needed for discussion :
30 min
If a Work Session is required, In addition to yourself and the board, who should attend ?
Jay McDonald, Tom Parko, Michelle Martin, Esther Gesick, Cheryl Hoffman , Bruce Barker, Frank Haug, & Bob Choate
C :\Users\jlundquist\Desktop\Access Code\2016 Work Session Access Code update . doc
BOARD CHAIR USE
Results/Outcomes:
AC° 5
ARTICLE V
Road Access Policy
Sec. 12-5- 10. General .
This Article 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, to maintain unobstructed roadside drainage , and to protect
the functional level of County roadways . This Article shall apply to all accesses onto roads located
within the unincorporated area of Weld County, including accesses from municipalities or other
counties , which may exist as of the effective date of this Article or are new after that date .
Sec. 12 -5-20. Purpose.
Land use , natural resources recovery , general utilities , and development have impacts on
County roads . This Article recognizes that the efficiency and safety of County roads depends , to
a large extent, upon minimizing roadside interference and its detrimental effect upon the
movement of traffic . This Article describes the minimum requirements for the design ,
construction , and maintenance of accesses onto Weld County roads .
Sec . 12-5-30 . Regulation of access onto County roadways .
A . Access to a Single Parcel .A . One No net increase. Each parcel shall be allowed
one access per lot. Directpoint for safe ingress and egress , which may be an
existing or new shared access_ from a public road . Each parcel shall be limited to
not more than one ( 1 ) per legal lot, this single access except as may be expanded
or further limited or restrictedmodified by the Board of County Commissioners;--sr
staff,; as a result of zoning requirementsiTi consideration in land use applicationsiTi
safety considerationsi;i subdivision regulations;;; or inability to meet minimum
requirements as definedoutlined in the Weld County DeeignEngineerinq and
Construction Criteria- document shown in appendix 12-A .
B . Access permit required . Any person constructing a new access onto a maintained
County road , or reconstructing , paving , altering , enlarging , or changing the use of
any existing access onto a County- maintained road , must first be issued an access
permit by the Weld County 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 . 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 shallmay have a right to direct access to County roadways if no other
acceptable access is availablepermitted .
E . Agricultural Access . Low Volume Accesses with daily traffic of less than 20 trips
per day and that have an Agricultural Land Use may be granted additional
accesses on local and collector roadways that comply with the requirements as
outlined in the Weld County Engineering and Construction Criteria document
shown in appendix 12-A .
FE. Additional access . If a new access is requested 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 .
SF. 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 .
HG. Change of use . When the use of a principal structure or property there is proposed
tea change; in the classification or type of traffic using an access or an increased
amount of traffic using an access a new access permit shall be required prior to as
a condition of the change in use . An improvements and road maintenance
agreement may be required as a condition of the access permit , where applicable .
IH . Access permit a condition of a land use conversioncase . When a new or existing
access is to be utilized in conjunction with a land use case , the issuance of an
access permit shall be a condition for obtaining approval . The granting of the
access permit may be conditioned upon the applicant signing an Improvements
and Road Maintenance Agreement , if applicable . A " land use case" may include
but 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 Chapters 23 and 27 of this Code .
Sec. 12-5-40. Access permit application .
A . Complete application required . Applicants shall file a complete application for an
access permit. An application shall be considered complete if it is submitted in the
required form , includes all mandatory information , including all supporting
materials , and is accompanied by the applicable fee . 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 . Development access . The Department of Public Works may allow access permits
to be processed in groups within a common development or subdivision to reduce
the administrative burden on applicants requesting permits concurrently for
multiple lots . Such "development access" is subject to a development review
application . Due to the highe
Sec. 12-5-50. O&G Accesses .
A . Additional Access . O &G Land Uses may be granted additional accesses on local
and collector roadways that comply with the requirements as outlined in the Weld
County Engineering and Construction Criteria document shown in appendix 12-A .
The request will also need to include one or more of the following hardships in
justification for additional access :
1 . Impacts to Irrigation Pivot
2 . Impacts to Residential Home
3 . Blockage or Interruption of Access ..
to_c_44,4,,,w
4 . Documented Roadway Geometric Issues
5 . rBeebimeateelb Physical or Size Limitations on the Farce* /41
B . Roadway Improvements . The review process may require public improvements
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 12-A . These potential roadway
•
improvements would be required for O&G accesses where there are continuously
sustained traffic volumes for over a year.
r
C . Temporary Construction Maintenance Agreement . A Temporary Construction
Maintenance Agreement may be required as a condition of granting the access
permit. PossLble mitigations shall be set forth in the maintenance agreement and
2 , mayjnethearisettairrelflesktencreased traffic control , dust control , specified
hiu. I routes , damage repairs , and future roadway improvement triggers , in
compliance with appendix 12-A . The agreement shall be made in conformance
with the County' s policy on collateral for improvements . The agreement shall be
approved by the Board . Violation of the Temporary Construction Maintenance
Agreement will constitute a violation of the permit and may subject the applicant to
revocation of the permit and/or other enforcement .
Sec . 12 -5-60 . Complex Accesses .
Accesses with larger impacts; or traffic volumes on to the County roadway network are
considered complex accesses . Complex accesses may require additional application materials ,
agreements , or conditions in advance of approval .
A . Additional application materials required . Accesses with a transportationdaily
traffic of greater than 21 round truck trips per day or 50 round passenger vehicle
trips per day shall require additional application materials to be submitted for
review. This may include , but is not limited to , a traffic impact study may be
requiredand site and/or construction drawings to support review and approval of
an -the access permit application for anreviewprocess . No Access Permit shall be
issued for a complex access serving development . without an accompanying
Improvements and Road Maintenance Agreement that meets the specifications in
the Engineering and Construction Criteria shown in appendix 12-A .
B . Roadway improvements . The development review process may require public
improvements such as acceleration and deceleration lanes , exclusive left or
right- hand turn lanes , or a traffic signals: , in accordance with the Weld County
Engineering and Construction Criteria , as shown in appendix 12-A .
C . Improvements and Road Maintenance Agreement. An Improvements and Road
Maintenance Agreement (" improvements agreement") may be required as a
condition of granting the access permit if the application review process requires
roadway improvements or identifies that the traffic entering or exiting the access
impact County-maintained roadways . Possible mitigations shall be set forth in the
improvements and road maintenance agreement and may include but are not
limited to , signal installations , construction of acceleration , deceleration , or turn
lanes , dust control , specified haul routes , damage repairs , and future roadway
improvement triggers , in compliance with appendix 12-A . The agreement shall be
made in conformance with the County' s policy on collateral for improvements . The
agreement shall be approved by the Board . Violation of the Improvements and
Road Maintenance Agreement will constitute a violation of the permit and may
subject the applicant to revocation of the permit and/or other enforcement.
Sec. 12-5-7050. Application review, access permit issuance, and permit limitations , and
permit expiration.
A. Review process . The application and data filed 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 that the work
described in an application for an access permit conformconforms to the policies
and requirements set forth in this Article , meetmeets the requirements defined in
the • * Weld County Engineering and
Construction Criteria , as shown in appendix 12-A or other pertinent laws
regulations or ordinances , and that all required fees have been paid , an access
permit shall be issued to the applicant . Criteria upon which the access permit shall
be considered include , but are not limited to , the following :
1 . Safety . The access must not create a safety hazard to the travelling public .
2 . Constructability . The access must be able to be built according to general
construction practices .
B . 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.
C . Permit limitations . An approved access permit requires the permit holder to meet
certain permitthe specifications and general engineering standards of the Weld
County Engineering and Construction Criteria , as shown in appendix 12-A when
working on the permitted access . The Department of Public Works shall be
responsible for ensuring compliance with such specifications and standards .
aging the existing roadway .
authorized by the permit is not substanti
( 120) days from the date of the permit issuance , or if the construction of work
at any time after the work has b resumed , the
access permit must be reissued by the Department of Public Works .
Sec. 12-5-8060. 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 , or relocation of any part
of an access within the dedicatedroad 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. 12 -5-9070. Access control .
A . 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 a right turn in and a right turn out
movements are allowed .
B . Access Control Techniques . A reduction in accesses will improve traffic flow,
operations , and safety of county roads . In an effort to reduce the number of existing
access points ; Applicants may be required to implement the following strategies to
reduce conflicts and maintain adequate access to all properties .
1 . Elimination . Applicants may be required to eliminate accesses that are in
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, if applicable .
2 . Relocation . Applicants may be required to move or relocate existing
accesses to a new location to either align with other accesses or to meet
spacing requirements , if applicable .
3 . Consolidation . Applicants may be required to consolidate multiple
accesses into a single access for accesses that are less than 150 feet
apart , if applicable .
4 . Shared Access . Applicants may be required to coordinate with neighboring
property owners to consolidate existing accesses into shared accesses ,
whenever feasible .
Sec. 12 -5- 100. 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 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 4872 hours in
advance of the access construction , if excavation is required .
B . Traffic control . Access construction activities shall not interfere with traffic on
County roadways . If interference with traffic is required , a traffic control plan shall
be submitted to , and approved by , the Department of Public Works as part of the
permit application . All traffic control shall conform to the most current version of
the Manual on Uniform Traffic Control Devices standards , which are available for
review at the Department of Public Works .
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. See Section 8- 3- 10 of the Weld County Code .
D . Tracking control . Commercial , industrial or high traffic volume accesses shall be
maintained to mitigate impacts to the public road including damages and/or
offsite tracking of mud or other materials . Use by right agricultural accesses are
exempt . Tracking control is required to prevent tracking from the site onto public
roadways . The property owner may be held financially responsible for damage to
the roadway resulting from inadequate tracking control . All tracking control
devices and designs should be in accordance with the Weld County Engineering
and Construction Criteria , as shown in appendix 12-A .
Restoration and clean-up . 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 permit holder, upon notification
from the Department of Public Works , shall correct all work , within forty-five (45)
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 shall perform
the restorations at the permit holder' s expense .
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. Closure and reclamation activities may include but are not
limited to re-establishing the profile of the burrow ditch , removing any gates in the
fencing adjacent to the maintained right-of-way, and an attempt to reseed the
affected area located in the right-of way with natural vegetation to the satisfaction
of the Department of Public Works .
Sec . 12 -5-1108O. Administrative fee.
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 .
Sec. 12 -5-1209O. Variance from specific access permit requirements .
An applicant may request a variance from specific requirements set forth in this Article .
The Department of Public Works will consider requests for variances on a case- by-case basis .
Requests for variances should be submitted in a written letter addressing a hardship or
justification for the variance and shall comply with the requirements as outlined in the Weld County
Engineering and Construction Criteria document shown in appendix 12-A . . Requests will be
reviewed and acted upon by the Traffic Engineer to ensure they will adequately protect public
health , safety , and welfare . Public Works will respond with an approval or denial within thirty (30)
days of receipt .
Sec. 12 -5- 130 Appeal of denial of access permit.
If an application for an access permit is denied by the Department of Public Works , or the
a • plicant objects to any of the terms or conditions of a permit thereby placed b the De • artment
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. 12-5- 140 Enforcement.
A . Violations and penalties . The County , through the Department of Public Works or
other departments so authorized , may enforce this Article through methods
included in this Article , 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 is guilty of
a Class 2 petty offense , which , upon conviction thereof, shall be punishable
by a fine of three hundred dollars ($300 . 00) or by imprisonment in the
County jail for not more than ten ( 10) days , or by both such fine and
imprisonment , for each separate violation . Each day during which such
work on an illegal access continues shall be deemed a separate offense .
2 . Whenever the Department of Public Works , through one ( 1 ) of its
employees , has personal knowledge of any violation of this Article , 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 officeOffice 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
officeOffice 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 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 .
GC . 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 , 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 .
DE . Civil penalties . In addition to any of the penalties set forth above , any person , firm ,
or corporation violating any such regulation , provision , or amendment thereof or
any provision of this Article may be subject to the imposition , by order of the County
Court, of a civil penalty in an amount of not less than two hundred fifty dollars
( $250 . 00) nor more than five hundred dollars ($500 . 00) . It is within the discretion
of the County Attorney to determine whether to pursue the civil penalties set forth
in this Article , the remedies set forth above , or both . Each day after the issuance
of the order of the County Court, during which such unlawful activity continues ,
shall be deemed a separate violation and shall , in accordance with the subsequent
provisions of this Section , be the subject of a continuing penalty in an amount not
to exceed fifty dollars ($50 . 00) for each such day . In no event shall civil penalties ,
imposed pursuant to this Subsection , constitute a lien against the real property .
EF . 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 and the terms of the permit.
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
the access and its appurtenances by the County at the Permit Holder' s expense .
GH . Access permit issued erroneously or upon incorrect information . Any access
permit which has 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 .
HI . Notice Regarding Illegal Access . 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 . 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 12-2- 100 , below.
Cheryl Hoffman
From : Esther Gesick
Sent : Monday , April 18 , 2016 9 : 45 AM
To : Cheryl Hoffman
Subject: RE : Code Ordinance 2016-05 - Road Access Policy
Looks like Janet verified there is only one discrepancy so just include her update and call it good .
Thanks !
Esther E. Gesick
Clerk to the Board
1150 O Street/ P. O. Box 758 / Greeley, CO 80632
tel: (970) 400-4226
$6
ti r
ri
4`
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
From : Janet Lundquist
Sent : Monday, April 18, 2016 9 :03 AM
To : Frank Haug <fhaug@co . weld . co . us>; Cheryl Hoffman < choffman@CO .WELD . CO . US>; Tom Parko Jr.
<tparko@co . weld . co . us>; Bruce Barker < bbarker@co . weld . co . us>; Esther Gesick <egesick@co . weld . co . us>
Subject: RE : Code Ordinance 2016-05 - Road Access Policy
Hi Frank,
It looks like there is only one discrepancy in Section 12 -5-50 letter C
Improvements and Road Maintenance Agreement . An Improvements and Road Maintenance Agreement
( " improvements agreement" ) may be required as a condition of granting the access permit if the application review
process requires roadway improvements or identifies that the traffic entering or exiting the access impact County-
maintained roadways . Possible mitigations shall be set forth in the improvements and road maintenance agreement and
may include but are not limited to, signal installations, construction of acceleration , deceleration , or turn lanes, dust
control , specified haul routes, damage repairs, and future roadway improvement triggers, in compliance with the
Engineering and Construction Criteria as shown in appendix 12-A. The agreement shall be made in conformance with
the County' s policy on collateral for improvements . The agreement shall be approved by the Board . Violation of the
Improvements and Road Maintenance Agreement will constitute a violation of the permit and may subject the applicant
to revocation of the permit and/or other enforcement .
Janet Lundquist
Support Services Manager
Weld County Public Works Dept .
P . O . Box 758, Greeley, CO 80632 2016- 1503
Tele-970 . 356 .4000 ext 3726
Fax- 970 . 304 . 6497
1
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the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise
protected from disclosure . If you have received this communication in error, please immediately notify sender by return
e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
Original Message
From : Frank Haug
Sent : Thursday, April 14, 2016 12 : 59 PM
To : Cheryl Hoffman ; Janet Lundquist; Tom Parko Jr. ; Bruce Barker; Esther Gesick
Subject : RE : Code Ordinance 2016-05 - Road Access Policy
I think it looks good , the only thing I saw was that sometimes we just refer to it as Appendix 12 -A, sometimes we refer to
it as the " Construction and Engineering Standards in Appendix 12 -A" I think we ought to try to be consistent, although it
may not make a huge difference . I think it probably makes sense just to refer to it as Appendix 12 -A.
Frank N . Haug
Assistant Weld County Attorney
1150 O Street
Mailing Address : P . O . Box 758, Greeley, CO 80632
tel : 970 356-4000 x4394
• fax : ( 970 ) 352 -0242
I
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the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise
protected from disclosure . If you have received this communication in error, please immediately notify sender by return
e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
Original Message
From : Cheryl Hoffman
Sent : Wednesday, April 13 , 2016 3 : 30 PM
To : Janet Lundquist <jlundquist@co . weld . co . us>; Tom Parko Jr. <tparko@co . weld . co . us>; Frank Haug
<fhaug@co . weld . co . us>; Bruce Barker < bbarker@co . weld . co . us>; Esther Gesick <egesick@co . weld . co . us>
Subject : Code Ordinance 2016-05 - Road Access Policy
Good afternoon , all !
Could you all please look these changes over and let Esther and I know if there is anything we are missing ? As soon as
we have the language finalized , we will start slating dates .
Thank you so much for your help !
2
Cheryl Hoffman
From : Bruce Barker
Sent : Wednesday , March 30 , 2016 10 : 19 AM
To : Frank Haug ; Cheryl Hoffman ; Esther Gesick ; Janet Lundquist; Bob Choate
Subject : RE : Access Code
Looks good . Let ' s make ever reference to " Improvement Agreement " have the first letter in each of those words
capitalized . Thanks for all of your hard work on this !
Bruce T. Barker, Esq .
Weld County Attorney
P . O . Box 758
1150 " O " Street
Greeley, CO 80632
( 970 ) 356-4000, Ext . 4390
Fax : ( 970 ) 352 -0242
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential , or
otherwise protected from disclosure . If you have received this communication in error, please immediately notify
sender by return e - mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited .
Original Message
From : Frank Haug
Sent : Tuesday, March 29, 2016 4 : 04 PM
To : Cheryl Hoffman < choffman@CO . WELD . CO . US>; Esther Gesick < egesick@co . weld . co . us>; Janet Lundquist
<jundquist@co . weld . co . us>; Bruce Barker < bbarker@co . weld . co . us>; Bob Choate < bchoate@co .weld . co . us>
Subject : RE : Access Code
Here is a comparison of the old and the new, that I believe captures my changes . This is separate from the one that
Janet did for Chapter 12 . I also attached the documents I was working from , in case you need to reference them .
Thanks .
Frank N . Haug
Assistant Weld County Attorney
1150 O Street
Mailing Address : P . O . Box 758, Greeley, CO 80632
tel : ( 970 ) 356-4000 x4394
fax : ( 970 ) 352 -0242
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise
protected from disclosure . If you have received this communication in error, please immediately notify sender by return
e - mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
1
Cheryl Hoffman
From : Bruce Barker
Sent : Tuesday , March 22 , 2016 4 : 19 PM
To : Janet Lundquist; Commissioners ; Jennifer Fuller
Cc : Jay McDonald ; Tom Parko Jr. ; Michelle Martin ; Esther Gesick; Cheryl Hoffman ; Frank Haug ;
Bob Choate
Subject : RE : Access Permit Code
Let' s try this for the variance language :
Sec . 12 -5 - 110 . Variance request for an from specific access permit requirements .
An applicant may request a variance for an from specific access permit requirements set forth in this Article . The
Department of Public Works will consider requests for variances on a case - by-case basis . Requests for variances should
be submitted in a written letter addressing a hardship or justification for the variance . Requests will be reviewed and
acted upon by the Traffic Engineer to ensure they will adequately protect public health , safety, and welfare . Public
Works will respond with an approval or denial within thirty ( 30 ) days of receipt .
I
Bruce T. Barker, Esq .
Weld County Attorney
P . O . Box 758
1150 " O " Street
Greeley, CO 80632
( 970 ) 356-4000, Ext . 4390
Fax : ( 970 ) 352 -0242
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure . If you have received this communication in error, please immediately notify
sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited .
1
From : Janet Lundquist
Sent : Tuesday, March 22 , 2016 7 : 37 AM
To : Commissioners < COMMISSIONERS@co . weld . co . us>; Jennifer Fuller <jfuller@co . weld . co . us>
Cc : Jay McDonald <jmcdonald@co . weld . co . us>; Tom Parko Jr. <tparko@co .weld . co . us>; Michelle Martin
< mmartin@co . weld . co . us>; Esther Gesick < egesick@co . weld . co . us>; Cheryl Hoffman < choffman@CO .WELD . CO . US>;
Bruce Barker < bbarker@co . weld . co . us>; Frank Haug <fhaug@co . weld . co . us>; Bob Choate < bchoate@co .weld . co . us>
Subject : Access Permit Code
Good Morning,
We have the second work session for the access permit code today . I updated the document based upon the comments
from the work session on March 8th . During the work session there was a little confusion about the title for the
segments of the code . Towards the end of the work session Commissioner Kirkmeyer said to underline the titles to
clarify why they are not complete sentences . I highlighted the changes in blue/cyan that the BOCC may want to change
back . The yellow highlight marks where we left off at the last work session . Thank you and have a great day !
Thanks,
Janet Lundquist
Support Services Manager
Weld County Public Works Dept .
P . O . Box 758, Greeley, CO 80632
Tele -970 . 356 . 4000 ext 3726
Fax- 970 . 304 . 6497
I
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the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise
protected from disclosure . If you have received this communication in error, please immediately notify sender by return
e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
2
04 c2_,,Ci .. O 3 .
ARTICLE V
Road Access Policy
Sec . 12-5-10 . General .
This Article 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, to maintain unobstructed roadside drainage , and to protect
the functional level of County roadways . his Article shall apply to all accesses onto roads located
within the unincorporated area o Weld ounty , including accesses from municipalities or other
counties , which may exist as of the ective date of this Article or are new after that date .
Sec . 12-5-20 . Purpose.
Land use , natural resources recovery , general utilities , and development have impacts on
County roads . This Article recognizes that the efficiency and safety of County roads depends , to
a large extent, upon minimizing roadside interference and its detrimental effect upon the
movement of traffic . This Article describes e inimum requirements for the design ,
construction , and maintenance of accesses ont - eld ounty roads .
Sec . 12 -5-30 . Regulation of access onto County roadways .
A . A . One No net increase . Each parcel shall be allowed one access per lot .
Directpoint for safe ingress and egress , which may be an existing or new shared
access from a public road . Each parcel shall be limited to not more than one ( 1 )
per legal lot, this single access except as may be expanded or further limited or
restrictedmodified by the Board of County Commissioners or staff,i as a result of
zoning requirements;, consideration in land use applications , safety
considerations; , subdivision regulations;-, or inability to meet minimum
requirements as definedoutlined in the Weld County DesignEngineering and
Construction Criteria .- document shown in appendix 12-A .
B . Accesspermit required . Any person constructing a new access onto a maintained q to ed
County road , or reconstructing , paving , altering , enlarging , or changing the use of
any existing access onto a County-maintained road , must first be issued an access
permit by the Weld County 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 . 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 shallmay have a right to direct access to County roadways if no other
acceptable access is availablepermitted .
E . Additional access . If a new access is requested 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 .
G . Change of use . When tie us roperty there is proposed
tea change, in the classification or type of traffic using an access or an increased
amount of traffic using an access a new access permit shall be required prior to as
a condition of the change in use . An improvements and road maintenance
agreement may be required as a condition of the access permit , where applicable .
•
H . Access permit a condition of a land use conversioncase . When a new or existing
access is to be utilized in conjunction with a land use case , the issuance of an
access permit shall be a condition for obtaining approval . The granting of the
access permit may be conditioned upon the applicant signing an Improvements
and Road Maintenance Agreement , if applicable . A " land use case" may include
but 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 Chapters 23 and 27 of this Code .
Sec . 12-5-40 . Access permit application .
A . Complete application required . Applicants shall file a complete application for an
access permit . An application shall be considered complete if it is submitted in the
required form , includes all mandatory information , including all supporting
materials , and is accompanied by the applicable fee . 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 . Development access . The Department of Public Works may allow access permits
to be processed in groups within a common development or subdivision to reduce
` the administrative burden on applicants requesting permits concurrently for
multiple lots . Such " development access" is subject to a development review
application .
Sec . 12 -5-50 . Complex Accesses .
Accesses with larger impacts; or traffic volumes on to the County roadway network are
considered complex accesses . Complex accesses may require additional application materials ,
agreements , or conditions in advance of approval .
A . Additional application materials required . Accesses with a transportationdaily
traffic of greater than 21 round truck trips per day or 50 round passenger vehicle
trips per day shall require additional application materials to be submitted for
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review. This may include , but is not limited to , a traffic impact study may be
requiredand site and/or construction drawings to support review and approval of
an--the access permit application for anreview process . No Access Permit shall be
issued for a complex access serving development . without an accompanying
Improvements and Road Maintenance Agreement that meets the specifications in
the Engineering and Construction Criteria shown in appendix 12-A .
B . Roadway improvements . The development review process may require public
improvements 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 12-A .
C . Improvements and Road Maintenance Agreement . An Improvements and Road
Maintenance Agreement (" improvements agreement" ) may be required as a
condition of granting the access permit if the application review process requires
roadway improvements or identifies that the traffic entering or exiting the access
impact County-maintained roadways . Possible mitigations shall be set forth in the
improvements and road maintenance agreement and may include but are not
limited to , signal installations , construction of acceleration , deceleration , or turn
lanes , dust control , specified haul routes , damage repairs , and future roadway
improvement triggers , in compliance with appendix 12-A . The agreement shall be
made in conformance with the County' s policy on collateral for improvements . The
agreement shall be approved by the Board . Violation of the Improvements and
Road Maintenance Agreement will constitute a violation of the permit and may
subject the applicant to revocation of the permit and/or other enforcement .
Sec . 12-5-5060. Application review, access permit issuance, and permit limitations, and
permit expiration .
A . Review process . The application and data filed 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 that the work
described in an application for an access permit conformconforms to the policies
and requirements set forth in this Article , meetmeets the requirements defined in
the Department of Public Works design criteriaWeld County Engineering and
Construction Criteria , as shown in appendix 12-A or other pertinent laws
regulations or ordinances , and that all required fees have been paid , an access
permit shall be issued to the applicant . Criteria upon which the access permit shall
be considered include , but are not limited to , the following :
1 . Safety . The access must not create a safety hazard to the travelling public .
2 . Constructability . The access must be able to be built according to general
construction practices .
B . 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 .
C . Permit limitations . An approved access permit requires the permit holder to meet
certain permitthe specifications and general engineering standards of the Weld
County Engineering and Construction Criteria , as shown in appendix 12-A when
working on the permitted access . The Department of Public Works shall be
responsible for ensuring compliance with such specifications and standards .
existing roadway .
D-: Permit expiration . Every approved access permit shall expire if the work
{ 120) days from the date of the permit issuance , or if the construction of work
at any time after the work has begun . Before work can begin or be resumed , the
access permit must be reissued by the Department of Public Works .
Sec . 12 -5-6070 . 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 , or relocation of any part
of an access within the dedicatedroad 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 . 12 -5-7-080 . Access control .
A . 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 a right turn in and a right turn out
movements are allowed .
B . Access Control Techniques . A reduction in accesses will improve traffic flow,
operations , and safety of county roads . In an effort to reduce the number of existing
access points ; Applicants may be required to implement the following strategies to
reduce conflicts and maintain adequate access to all properties .
1 . Elimination . Applicants may be required to eliminate accesses that are in
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 , if applicable .
2 . Relocation . Applicants may be required to move or relocate existing
accesses to a new location to either align with other accesses or to meet
spacing requirements , if applicable .
3 . Consolidation . Applicants may be required to consolidate multiple
accesses into a single access for accesses that are less than 150 feet
apart , if applicable .
4 . Shared Access . Applicants may be required to coordinate with neighboring
property owners to consolidate existing accesses into shared accesses ,
whenever feasible .
Sec . 12-5-90 . 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 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 4872 hours in
advance of the access construction , if excavation is required .
B . Traffic control . Access construction activities shall not interfere with traffic on
County roadways . If interference with traffic is required , a traffic control plan shall
be submitted to , and approved by , the Department of Public Works as part of the
permit application . All traffic control shall conform to the most current version of
the Manual on Uniform Traffic Control Devices standards , which are available for
review at the Department of Public Works .
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. See Section 8-3- 10 of the Weld County Code .
D . Tracking control . Commercial , industrial or high traffic volume accesses shall be
maintained to mitigate impacts to the public road including damages and/or
offsite tracking of mud or other materials . Use by right agricultural accesses are
exempt . Tracking control is required to prevent tracking from the site onto public
roadways . The property owner may be held financially responsible for damage to
the roadway resulting from inadequate tracking control . All tracking control
devices and designs should be in accordance with the Weld County Engineering
and Construction Criteria , as shown in appendix 12-A .
E . Restoration and clean- up . 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 permit holder, upon notification
from the Department of Public Works , shall correct all work , within forty-five (45)
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 shall perform
the restorations at the permit holder' s expense .
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 . Closure and reclamation activities may include but are not
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limited to re-establishing the profile of the burrow ditch , removing any gates in the
fencing adjacent to the maintained right-of-way , and an attempt to reseed the
affected area located in the right-of way with natural vegetation to the satisfaction
of the Department of Public Works .
Sec . 12 -5-80100 . Administrative fee.
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 .
Sec . 12 -5-90:110 . Variance from specific access permit requirements .
An applicant may request a variance from specific requirements set forth in this Article .
The Department of Public Works will consider requests for variances on a case-by-case basis .
Requests for variances should be submitted in a written letter addressing a hardship or
justification for the variance . Requests will be reviewed and acted upon by the Traffic Engineer to
ensure they will adequately protect public health , safety , and welfare . Public Works will respond
with an approval or denial within thirty (30) days of receipt .
Sec . 12-5-120 . Appeal of denial of access permit.
If an application for 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 . 12-5-130 . Enforcement.
A . Violations and penalties . The County , through the Department of Public Works or
other departments so authorized , may enforce this Article through methods
included in this Article , 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 is guilty of
a Class 2 petty offense , which , upon conviction thereof, shall be punishable
by a fine of three hundred dollars ( $300 . 00 ) or by imprisonment in the
County jail for not more than ten ( 10) days , or by both such fine and
imprisonment , for each separate violation . Each day during which such
work on an illegal access continues shall be deemed a separate offense .
2 . Whenever the Department of Public Works , through one ( 1 ) of its
employees , has personal knowledge of any violation of this Article , it shall
give written notice to the violator to correct such violation within sixty (60)
days after the date of such notice . Should the violator fail to correct the
violation within such sixty (60 ) day period , the Department of Public Works
may request that the Sheriff' s officeOffice issue a summons and complaint
to the violator , stating the nature of the violation with sufficient particularity
to give notice of said charge to the violator. The summons and complaint
shall require that the violator appear in court at a definite time and place
stated therein to answer and defend the charge . One ( 1 ) copy of said
summons and complaint shall be served upon the violator by the Sheriff' s
officeOffice in the manner provided by law for the service of a criminal
summons . One ( 1 ) copy each shall be retained by the Sheriff' s Office and
Department of Public Works and one ( 1 ) copy shall be transmitted to the
Clerk of the Court . The County may install barriers across . or remove . any
access not conforming to this Article 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 .
GC . 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 , 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 .
DE . Civil penalties . In addition to any of the penalties set forth above , any person , firm ,
or corporation violating any such regulation , provision , or amendment thereof or
any provision of this Article may be subject to the imposition , by order of the County
Court , of a civil penalty in an amount of not less than two hundred fifty dollars
( $250 . 00) nor more than five hundred dollars ( $500 . 00 ) . It is within the discretion
of the County Attorney to determine whether to pursue the civil penalties set forth
in this Article , the remedies set forth above , or both . Each day after the issuance
of the order of the County Court , during which such unlawful activity continues ,
shall be deemed a separate violation and shall , in accordance with the subsequent
provisions of this Section , be the subject of a continuing penalty in an amount not
to exceed fifty dollars ( $50 . 00 ) for each such day . In no event shall civil penalties ,
imposed pursuant to this Subsection , constitute a lien against the real property .
EF . 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 and the terms of the permit .
FG . 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
the access and its appurtenances by the County at the Permit Holder' s expense .
GH . Access permit issued erroneously or upon incorrect information . Any access
permit which has 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 .
HI . Notice Regarding Illegal Access . 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 . 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 12-2- 100 , below .
Sec . 12-5-100.
r .
Sec . 2-3-30. - Collateral for improvements.
A. General Requirements for Collateral : / a
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1 . _This policy shall be applied to all applications for Subdivisions, Planned Unit Developments,
Change of Zones, Final Plats, Uses by Special Review ( USR ) and Site Plan Reviews (SPR ) .access permits
for which an improvements agreement is required . If this policy has not been applied to an application,
the policy shall not be applied to a request for complete releases of collateral, and the procedures for
release of collateral shall be as set forth in the Improvements Agreement .
2 . The County requires applicants to provide a collateral to guaranty all of their obligations under
the associated Improvements Agreement in the following forms : ( 1 ) Project Collateral for completion of
all improvement described in the Improvements Agreement may be provided separately for on -site
improvements and off-site improvements; ( 2 ) Warranty Collateral required for all improvements during
the warranty phase ; and ( 3 ) Road Maintenance Collateral ( if applicable ) to be kept in place for the life of
the permit .
3 . The value of Project Collateral submitted to the County must be equivalent to one hundred
percent ( 100% ) of the value of the improvements identified on the accepted Construction Plans an4or
USR Plat Map or SPR Site Plan Drawing and further enumerated in the Improvements Agreement . Prior
to the access permit or Final Plat approval , the applicant shall indicate which of the three ( 3 ) types of
collateral he or she prefers to secure the improvements subject to final approval by the Board of County
Commissioners ( hereinafter referred to as the " Board " ) and the execution of an Improvements
Agreement . Acceptable collateral shall be submitted either upon execution of the Improvements
Agreement or as set forth in the Improvements Agreement . If acceptable collateral is not submitted at
the time required , expires prematurely or becomes unacceptable pursuant to the terms of Paragraph 4 .
below, and is not timely replaced , then the access permit or Final Plat approval and all preliminary
approvals shall automatically expire . An applicant may request that the Board extend the access permit
or Final Plat approval, provided that the cost estimates are updated and the development plans are
revised to comply with all current County standards, policies and regulations . Unless otherwise set forth
in the Improvements Agreement, the improvements shall be completed within three ( 3 ) years after the
access permit or Final Plat approval ( not one [ 1 ] year after acceptable collateral is submitted ) unless the
applicant requests that the Improvements Agreement be renewed at least thirty ( 30 ) days prior to its
expiration and further provides updated cost estimates for the remaining improvements and collateral is
provided in the amount of one hundred percent ( 100% ) of the value of the improvements remaining to
be completed . If improvements are not completed and the agreement is not renewed within these time
frames, the Board , at its discretion, may make demand on all or a portion of the collateral and take steps
to see that the improvements are made .
Sec . 2 - 13 -50 . - Approved access .
The term approved access shall mean an access
approved through the processes described in Chapter 23, 24 or 27 of this Code, or to a legal lot where
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such accesspermit has been approved and issued by inspectors of the Department of Building
InspectionPublic Works . This process is described in Chapter 12 article 5 of this Code .
Sec . 2 - 13 -60 . - Application requirements for issuance of address .
C . Depiction of access to the legal lot, consisting of a completedan approved Weld County Road
Access Information Form•Permit and , if appropriate, a copy of a recorded plat approved through the
processes described in Chapter 23 , 24 or 27 of this Code .
Sec . 23 -2 -30 . - Duties of Planning Commission .
N 4 . _That STREET or highway facilities providing access to the property are adequate in size to meet
the requirements of the proposed zone district . This will include updating and obtaining any new access
permits, as required . The access permit may require an Improvements Agreement, which shall be in
conformance with the Engineering Standards in Appendix . In the event that the STREET or
highway facilities are not properly sized and are planned to be properly sized in the future, in
conformance with the Thoroughfare Plan or in conformance with the MASTER PLANS of affected
municipalities, the applicant may either wait to secure the rezoning until the improvements are made by
the appropriate unit ofgovernment or the applicant may express a willingness to upgrade the STREET or
pp p g pg
highway facilities at his or her own expense in order to expedite approval of the requested Change of
Zone . In the latter event, it will be necessary for the applicant to either construct the necessary
improvements before the building permits are issued , or submit suitable performance guarantees to the
County to ensure construction of the required STREET or highway facility improvements .
Sec . 23 -2 -40 . - Duties of Board of County Commissioners .
B
4 . _That STREET or highway facilities providing access to the property are adequate in size to meet
the requirements of the proposed zone district . In the event that the STREET or highway facilities are
not properly sized and are planned to be properly sized in the future, in conformance with the
Thoroughfare Plan or in conformance with the MASTER PLAN of affected municipalities, the applicant
may either wait to secure the rezoning until the improvements are made by the appropriate unit of
government or the applicant may express a willingness to upgrade the STREET or highway facilities at his
or her own expense in order to secure approval of the requested Change of Zone . In the latter event, it
" will be necessary for the applicant to either construct the necessary improvements before building
permits are issued , or submit suitable performance guarantees to the COUNTY to ensure construction of
the required STREET or highway facility improvements . No rezoning shall be finally approved by the
Board of County Commissioners until the applicant has submitted an improvements agreement or
I
contract approved by the Board of County Commissioners which sets forth the form of improvements
guarantees . Any such agreement or contract shall be made in conformance with the COUNTY policy on
collateral for improvements . Approval of the Improvements Agreement will be a condition of obtaining
an Access Permit pursuant to Section 12 -5- 10 et seq ., and the Improvements Agreement shall meet the
requirements of Appendix
Sec . 23 - 2 -50 . - Application requirements for Change of Zone .
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E .
8 . If STREET or highway facilities which provide access to the property are not adequate to meet
the requirements of the proposed zone district, the applicant shall supply information which
demonstrates willingness and financial capability to upgrade the STREET or highway facilities in
conformance with the Thoroughfare Plan and thereby meet the requirements of Section 23 -2 -40 B .4 of
this Chapter. This shall be shown by an improvements agreement or contract guaranteeing installation
of improvements by the applicant made in conformance with the County policy on collateral for
improvements . Approval of the Improvements Agreement will be a condition of obtaining an Access
Permit pursuant to Section 12 -5- 10 et seq ., and the Improvements Agreement shall meet the
requirements of Appendix .
Se . 23 - 2 - 150 . - Intent d applicability .
L. T e a plican or owner 7h II submit Improvements Agreemen a reei to constr t
re uired mpr vem nts s sho n n the a pli tion , a s and (l) er su po ing ocu ent . T
Agr em nt sh II b mad in c nfo manc wit the ou ty p licy bn c ( late al or imp ov en . T e
Agreement sha e appr by t e B and pri r t rec rd ' the tin I exhi orplat, i applic le .
g pp g pp
l
Sec . 23 - 2 - 160 . - Application requirements for site plan review .
H . A completed County Road Access Information Sheet provided by the Department of Planning
Services . Applicant will be required to submit a completed access permit and improvements agreement,
where applicable, prior to approval of an SPR . Such Access permit shall be in conformance with Section
12 -5- 10 et seq .
S . A statement explaining how acceleration/deceleration lanes, when required by the Department
of Public Works or the Colorado Department of Transportation , will provide safe, efficient access to
ARTERIAL or COLLECTOR STREETS, and are in compliance with the engineering requirements in
Appendix
U . A statement explaining that the USE is compatible with the existing or future development of
the surrounding areas as permitted by the existing zoning and with the future development of the area
as projected by the Comprehensive Plan or Master Plan of affected municipalities and any
Intergovernmental Agreement . Such USE shall adhere to the following operation standards, to the
extent that they are affected by location, layout and design prior to construction and operation . Once
operational, the operation shall conform to the standards listed below :
8 . Any off-site and on -site improvements agreement shall be made in conformance with the
COUNTY policy on collateral for improvements:, as well as in conformance with Section 12 -5- 10 et seq .
and the Engineering and Construction Standards in Appendix
DD . If applicable, an Improvements Agreement executed by the applicant . This Agreement shall be
in accordance with the County policy and documents for collateral for improvements-, as well as in
conformance with Section 12 -5- 10 et seq . and the Engineering and Construction Standards in Appendix
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Sec . 23 -2 -200 . - Intent and applicability .
F . The applicant or owner shall submit an Improvements Agreement agreeing to construct the
required improvements, as shown in the application , plans and other supporting documents . The
agreement shall be made in conformance with the County policy on collateral for improvements . The
agreement shall be approved by the Board prior to recording the final exhibit or plat, if applicable .
Approval of the Improvements Agreement will be a condition of obtaining an Access Permit pursuant to
Section 12 -5- 10 et seq ., and the Improvements Agreement shall meet the requirements of Appendix
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Sec . 23 -2 -250 . - Operation standards .
G . Any off-site and on -site improvements agreement shall be made in conformance with the
County policy on collateral for improvements—, as well as in conformance with Section 12 -5- 10 et seq .
and the Engineering and Construction Standards in Appendix
Sec . 23 -2 -260 . - Application requirements .
I
E . Supporting Documents . The following supporting documents shall be submitted as part of the
application :
6 . If applicable, an Improvements Agreement executed by the applicant . This agreement shall be in
• accordance with the County policy and documents for collateral for improvements:, as well as in
conformance with Section 12 -5- 10 et seq . and the Engineering and Construction Standards in Appendix
Sec . 23 -2 -285 . - Minor amendments .
L. Site Specific Development Plan and Use By Special Review ( USR ) Map Requirements :
2 . Plot Plan Requirements :
s . Access Permit .
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Sec . 23 -2 -690 . - PUD District application requirements .
The following completed information , data and maps are required for a PUD Change of Zone District .
A . Written Documents .
10 . A description of the functional classification , width and structural capacity of the STREET and
highway facilities which provide access to the PUD District . If the street or highway facilities providing
access to the PUD District are not adequate to meet the requirements of the proposed district, the
applicant shall supply information which demonstrates the willingness and financial capability to
upgrade the STREET or highway facilities in conformance with Section 22 -3 -60 of this Code . This shall be
shown by submitting, with the PUD District application , a separate improvements agreement describing
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the proposed road improvements and method of guaranteeing installation of said improvements in
conformance with the County policy on collateral for improvements ..., as well as in conformance with
Section 12 -5- 10 et seq . and the Engineering and Construction Standards in Appendix . The
agreement shall be used for the purposes of review, evaluation and compliance with this Section . No
rezoning shall be finally approved by the Board of County Commissioners until the applicant has
submitted an improvements agreement or contract which sets forth the form of improvements and
guarantees and is approved by the Board of County Commissioners .
Sec . 23 -2 -730 . - PUD Plan application requirements .
G . An Improvement Agreement According to Policy Regarding Collateral for Improvements . This
form is provided by the Department of Planning Services and shall adhere to the procedure as outlined
in Section 2 -3 -30 of this Code . The applicant must complete this form to show the improvements that
the applicant is required to construct and the type of collateral which will guarantee installation of
improvements . If street or highway facilities providing access to the property were determined
adequate at the PUD District application stage because the applicant proposed separate off-site road
improvements in order to comply with Section 23 -2 -720 C . 5, a separate off-site road improvements
agreement proposal shall be submitted . The off-site road improvement proposal shall describe, in detail ,
the type of off-site road improvements to determine if the requirement for STREET or highway facilities
will be adequate in functional classification , width and structural capacity to meet the traffic
requirements of the proposed zone district . The method of guaranteeing the installation of off-site road
improvements shall be described as part of the agreement . The method of guarantee shall conform with
the COUNTY' s policy regarding Collateral for Improvements . Prior to approval of any PUD, Applicant
shall demonstrate a completed Access Permit pursuant to Section 12 -5- 10 et seq . , including any
required improvements agreement .
Sec . 23 -4-460 . - Zoning Permit for Wind Generator permit application requirements .
H . Weld County Access Permit .
Sec . 23 -4-520 . - Application requirements for temporary seasonal use permit .
F . A completed Weld County Road Access Information SheetPermit provided by the Department of
Planning Services .
Sec . 23 -4-600 . - Permit requirements .
O . A Weld County Road Access Information SheetPermit .
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Sec . 23 -4-870 . - Zoning Permit for Telecommunication Antenna Tower permit application requirements .
G . Weld County Access Permit .
Sec . 23 -4-910 . - Semi-trailer as accessory storage permit requirements .
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H . Weld County Access Permit.
Sec . 23 -4-960 . - Commercial vehicle permit requirements .
F . A sketch plan of the site at the scale of one ( 1 ) inch represents twenty ( 20 ) feet or other suitable
scale to show :
4 . RoadWeld County Access ShcetPermit .
Sec . 23 -4-990 . - Home Occupation - Class II permit requirements .
B . Application requirements . An application for any zoning permit for a HOME OCCUPATION
required by this Division shall include the following :
6 . A sketch plan of the site at the scale of one ( 1 ) inch represents twenty ( 20 ) feet, or other
suitable scale, to show :
d . Road A Weld County Access SheetPermit .
13 . A RoadWeld County Access Information SheetPermit .
Sec . 24- 1-40 . - Definitions .
Improvements agreement : One ( 1 ) or more security arrangements which may be accepted by the Board
of County Commissioners to secure the construction of off-site public improvements or improvements
within the proposed subdivision development . Any such agreement or contract shall be made in
conformance with the County administrative policy on collateral for improvements:-, as well as in
conformance with Section 12 -5- 10 et seq . and the Engineering and Construction Standards in Appendix
Sec . 24- 3 -50 . - Final plat .
P . A proposed subdivision improvements agreement executed by the applicant on forms provided
by the Planner. The agreement shall be made in accordance with the County policy on collateral for
improvements:-, as well as in conformance with Section 12 -5- 10 et seq . and the Engineering and
Construction Standards in Appendix
Q. If applicable, a proposed off-site road improvements agreement executed by the applicant . The
agreement shall be made in accordance with Section 24-9-20 of this Chapter, as well as in conformance
with Section 12 -5- 10 et seq . and the Engineering and Construction Standards in Appendix
Sec . 24- 3 -60 . - Final plat processing and review procedure .
Q. No minor subdivision final plat shall be considered approved and eligible for recording until the
Board of County Commissioners has approved a subdivision improvements agreement , pursuant to
Section 12 -5- 10 et seq . and the Engineering and Construction Standards in Appendix
Sec . 24-4-40 . - Final plat .
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C . On separate sheets attached to the final plat application form , the following information is
required :
18 . A proposed subdivision improvements agreement executed by the applicant . The agreement
forms are provided by the Planner. The agreement shall be made in accordance with the County policy
on collateral for improvements as well as in conformance with Section 12 -5- 10 et seq . and the
Engineering and Construction Standards in Appendix
19 . If applicable, an off-site road improvements agreement executed by the applicant . The
agreement shall be in accordance with Section 24-9-20 of this Chapter:- as well as in conformance with
Section 12 -5- 10 et seq . and the Engineering and Construction Standards in Appendix
Sec . 24-4-50 . - Final plat processing and review procedure .
K . No final plat shall be considered approved and eligible for recording until the Board of County
Commissioners has approved a subdivision improvements agreement .- pursuant to Section 12 -5- 10 et
seq . and the Engineering and Construction Standards in Appendix
Sec . 24-6-40 . - Improvements agreement .
The subdivider, applicant or owner shall submit a subdivision improvements agreement agreeing to
construct the required improvements as shown in the application , plans, plat and other supporting
documents . The agreement shall be made in conformance with the County policy on collateral for
improvements . The agreement shall be approved by the Board prior to recording the final plat or
resubdivision plat, if applicable . Approval of the Improvements Agreement will be a condition of
obtaining an Access Permit pursuant to Section 12 -5 - 10 et seq ., and the Improvements Agreement shall
meet the requirements of Appendix
Sec . 24-7-20 . - Streets .
A . The design criteria , as presented , are intended to aid in preparation of plans and specifications,
and include minimum standards where applicable . These design criteria are considered minimum , and a
complete design may require more than is presented . As with any design criteria , the minimum
standards may be determined to be inappropriate or cannot be justified economically . In these cases,
the Department of Public Works shall work with the applicant in determining appropriate standards for
site-specific applications . All streets within subdivisions and planned unit developments will be designed
and constructed in accordance with the following standards :
4 . Intersections . A local street shall not intersect an arterial street . A collector street shall not
intersect an arterial street at intervals of less than one thousand three hundred twenty ( 1, 320 ) feet ( %
mile ) . An interval may vary due to parcel size limitations and would be subject to approval by the Board .
The adequacy of access will be evaluated according to the design standards and specifications found in
the Colorado State Highway Access Code ( 2 C .C. R . 601 . 1 Chapters 3Weld County Engineering and
4}:Construction Criteria document shown in appendix . Sight distance triangles shall be provided at
all intersections .
Page 7
Se . 24-7- - Lot siz s andards .
J . A lag of co igu ation hall be avoided when possible . The inimum widt a flag lot
app ndag sha I be hirty 30 ) f et . his ac sjt1ttZtp
od shal be gred , t etide aclellcrnc s nd drai ed o prderty . ess and
culvert information, see Cha ter 428 f is C de
Sec . 24-8-40 . - Exemption standards .
C . An access is, or can be made, available that provides for safe ingress and egress to a public road .
All accesses shall be in accordance with Chapter 812 , Article 14V of this Code , and shall endeavor to
achieve the goal of no " net increase " in the number of accesses onto adjacent County roads when
accesses already exist .
Sec . 24-8-50 . - Submittal requirements .
i . ! . A Weld County Road Access Information Sheet . Permit.
Sec . 24-9- 10 . - Utili s and improvements .
The following improve ents shall be constructed at the expen of the subdivider as stipulated in the
subdivision improvemen agreement by the Board :
A . Road grading and su acing .
B . Curbs, if required .
C . Sidewalks, if required .
D . Sanitary sewer laterals, wher required .
E . Storm sewers or storm drainage stem , as required .
F . Water distribution systems, where a licable .
G . Street signs at all street intersection .
H . Permanent reference monuments and m nument boxes .
I . Street lighting, if required .
J . Landscaping, where required .
K . Underground electric and c mmunication utility ' nes and services, and all street lighting
circuits, as required .
L. Other facilities and req rements as may be specified ' n this Chapter by the Board .
Sec . 24-9-20 . - Improvements agreement .
4
_ _ _- Page 7
A . Contract . No final plat shall be approved by the Board until the subdivider has submitted a
subdivision improvements agreement or a contract approved by the Board agreeing to construct the
required improvements as shown in plans, plats and supporting documents . Any such agreement or
contract shall be made in conformance with the County policy on collateral for improvements in Section
2 - 3 - 30 of this Code . Approval of the Improvements Agreement will be a condition of obtaining an Access
Permit pursuant to Section 12 -5- 10 et seq ., and the Improvements Agreement shall meet the
requirements of Appendix
B . Off-Site Improvements . The subdivider, applicant or owner shall install off-site road
improvements as provided in this Section when it has been determined by the Board that the road
facilities providing access to the subdivision are not adequate in structural capacity, width or functional
classification to support the traffic requirements of the uses of the subdivision .
3 . Any off-site improvements agreement shall be made in conformance with the County policy on
collateral for improvements:, as well as in conformance with Section 12 -5- 10 et seq . and the
Engineering and Construction Standards in Appendix
5 . When it is determined by the Board that vehicular traffic from a subdivision or resubdivision will
use a road improvement constructed under an existing improvements agreement, the subsequent
subdivider, applicant or owner shall reimburse the original subdivider, applicant or owner for a portion
of the original construction cost . In no event shall the original subdivider, applicant or owner collect an
amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts
generated by the original development . Evidence that the original subdivider, applicant or owner has
been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Planner
prior to recording the final subdivision or resubdivision plat .
6 . The amount of road improvement cost to be paid by the subsequent subdivider, applicant or
owner of a subdivision or resubdivision using the road improvements constructed under a prior
improvements agreement will be based upon a pro rata share of the total trip impacts associated with
the number and type of dwelling units and square footage and type of nonresidential developments
intended to use the road improvement . The amount of road improvement cost shall also consider
inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado
Department of Transportation . The cost of road improvements may be paid by cash contribution to the
prior subdivider, applicant or owner or by further road improvements which benefit the prior
subdivider, applicant or owner' s property . This decision shall be at the sole discretion of the Board based
upon the need for further off-site road improvements .
7 . The trip generation rate manual published by the Institute of Transportation Engineers ( ITE )
shall normally be used for calculating a reasonable pro rata share of the road improvement construction
costs for all subdivisions or resubdivisions . A special transportation study shall be used for land uses not
listed in the ITE Trip Generation Manual . Any question about the number of trips a subdivision or
resubdivision will generate shall be decided by the Director of Public Works .
Page 7
i
8 . The term for which the subdivider, applicant or owner is entitled to reimbursement under the
off-site improvements agreement, entered into between the subdivider and the County, is ten ( 10 ) years
from the date of execution of a contract for road improvements .
Sec . 26-2 -60 . - Transportation and circulation requirements .
C . Design Standards .
1 . All development within the 1 -25 RUA shall comply with Chapters 22 , 23, 24 and 27 of this Code
and the Colorado State Highway Access Code, 2 CCR 601- 1 .Weld County Engineering and Construction
Criteria document shown in appendix . Consistent with the urban -scale development standards in
the 1 - 25 RUA, all parking areas for commercial and industrial development shall be paved according to
geometric and road structure design standards .
Sec . 26-3 -70 . - Transportation and circulation regulations .
C . Design Standards .
1 All development within the Southeast Weld RUAs shall comply with Chapters 22, 23 , 24 and 27
of this Code and the Colorado State Highway Access Code, 2 CCR 601- 1 .Weld County Engineering and
Construction Criteria document shown in appendix . . Consistent with the urban -scale development
standards in the Southeast Weld RUAs, all parking areas for commercial and industrial development
shall be paved according to geometric and road structure design standards .
Sec . 26-4- 150 . - Transportation and circulation .
B . Policies :
3 . Design Standards :
a ) General Design Standards : All development within the Dry Creek RUA area shall comply with
Chapters 8, 22 , 23 , 24, and 27 of this Code and the Colorado State Highway Access Code, 2 CCR 601
4-Weld County Engineering and Construction Criteria document shown in appendix . . Consistent
with the urban -scale development standards in the Dry Creek RUA areas, all driving surfaces and parking
areas for commercial and industrial development shall be paved according to geometric and road
structure design standards .
APPENDIX 12 -A
12A. 1 TRAFFIC IMPACT STUDIES
The purpose of a Traffic Impact Study (TIS ) is to assess the short- and long-term effects of a proposed
development project on the local and regional transportation system . The guidelines in this chapter are
intended to ensure consistent, proper traffic planning and engineering practices within the County, and to
e stablish a standard process for preparing and presenting TISs .
12A. 1 . 1 Traffic Impact Study Requirements
The responsibility for assessing the traffic impacts associated with a proposed land use action resides with the
landowner or land development case applicant — with the County serving in a review capacity . 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,
u nless the TIS is waived by Public Works . To be deemed complete and acceptable, each TIS should contain the
e lements included in the checklist shown in Figure 12A- 1 .
Figure 12A-1 Traffic Impact Study Requirement Checklist
hAipieg vabmomatvipsok w«ics Dept.
2121M Traffic Impact Study (TIS)
t. l P.O. eon 7'3i
z rw cr ,,+oo 806 Requirements Checklist
�l • ' Pho>,e haoieo�-be
Fax (970)3014497
Al new con nerwd/resldn developments will be rewired to suborn a traffic study(striped and signed by a PE
registered in the state of Golvrado)a a part of the review process unless warred by the Oeprtrnent of Pubic Marts
a Set 0401111100n
o Description of Use-*esrdentlat Graved pit. Co & Gas Faoaty, a
O Hour%d oparagon
M o /ibar of Milo ees
O Pea&had routes
o *Wty Reap
o Sete Plan
Eaostu+g Site Conditions
Roadway netwDrk•Surnmary of Roadway°ossification and a descriptor► of study area E
Analyses of ParfS-S. Mad-day, PM, and/or Saturday t,
busting Tralkt pabdrsfbc courts, level of service, speeds. truck percentages. crash data. etc
Future Condttrorns aad legm s
o Trip Generation' Peak Hour trips by tree development and Rf Too Generation Manual
o Trip*1**We,
o Short Term Wend traffic and peak hone(S-yearn
o Lang Tenn background tragic and peak hours 110-20 rears)
o Level of Service Malysts• prorected WS w/ate build out, ousting traffics background traffic growth
o lave/of Semite deticecves-identdy ealsbryi, shat tern and tong tern LOS deficiencies
O Signal Warrant Ar►atysrs
o /Ma/fary Thin Lane Warrant Analysis
o Silk Degree Maiy' s- at see entrance er access pars
o Other flpectalertbfy any impacts to school bus routes, pedestrian/ bicycle access, a public transit
a SSW
4 Desalt, audisy lanes lengths and storage °peaty
o Car*ectons for LOS detkaenoes
o Corrections for any access deficiencies
o Signnt & Striping
o Pavement Maintenance
• intersection Rads for truck turn movements
fortes & Tables
twat mg peak hour twn movements volumes (courts conducted within the perevtous 18 er+.onth )
Trip distribution Iiii) wcfuding added protect peak how traffic volumes
0 Canprehensnre plan future yew tun maer meat volumes
• Intersection performance existing conditions
o Protect trip ReneraRon
o Intersection levee of service
Conclusions & SuPoOrting M*sis
*eniee Data SJ27/1C
12A. 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 12A- 1,
the applicant shall prepare the appropriate documentation identified in Table 12A- 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 . (These types of studies require scoping consultation
with the County prior to their preparation . )
Table 12A-1 — Updating an Existing TIS
Updating an Existing TIS
Changes to the Original Development
Original Report Access changed or trip Access did not change and trip
is : generation Increased by 15% increased by 15 %
< 2 ears old Amendment letter : identify and Letter documenting change
y discuss only items that changed ( No other traffic requirements )
q )
Amendment letter : provide new
> 2 years old New study
traffic counts, new trip
generation , new LOS analysis,
meet all TIS requirements
12A. 2 TRAFFIC CONTROL DEVICES AND PLANS
All road signs, striping, delineators, barricades, signals, and other traffic control devices shall conform to the
MUTCD and any applicable Colorado supplement, as amended . The applicant 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 for implementing the approved project design ( e .g ., one way, no parking, no outlet, stop
sign, speed limit, etc . ) . Necessary signage shall include signs required on County roads as a consequence of the
applicant' s project, such as regulatory, guide, or warning signs . Signs and barricades shall be in place prior to
road acceptance .
12A. 2 . 1 Striping and Signing Plans
All road improvement and/or land development projects must incorporate a separate signage and striping plan
in accordance with the criteria of this section . Striping plans may not be required for local subdivision roads .
However, sign plans are still required for all subdivisions . All signing and striping plans shall conform to the most
current edition of the MUTCD . All traffic control devices shall be fabricated and installed in accordance with the
MUTCD . Permanent signage and striping shall be complete and in place before any new roadway is opened to
the public for use .
Signing Plan Elements
1 . Show the general longitudinal location of each sign ( horizontal offset and station ) .
2 . Specify the sign legend and sign type .
3 . Specify the sign size .
Striping Plan Elements
1 . Include stripe color and type .
2 . Include lane width, taper lengths, storage lengths, etc .
3 . Include striping/skip interval .
4 . All pavement marking materials, except point location markings, must meet current CDOT specifications for
water- based traffic marking paint unless another material is specified by the engineer.
5 . All point location markings ( stop bars, turn arrows, words, symbols, etc . ) must meet specifications .
6 . Include station and offset or dimensions for all angle points, symbol locations, and line terminations .
7 . Include stripe dimensions .
8 . Delineate raised median islands .
12A. 2 . 2 Type and Location of Signs
The Department of Public Works shall make the final determination regarding the type and location of traffic
control devices within the right-of-way or access easement . These controls shall include traffic control signs,
road name signs, delineators, and permanent barricades .
12A.2 . 3 New Roadway Signage
Permanent signage, unless otherwise approved by the Department of Public Works, shall be installed before any
new road or access easement is opened for use .
12A. 3 ACCESS CONTROL PLAN
Weld County recognizes that property owners have a right of reasonable access to the County road system .
However, within an environment where population growth will increase traffic volumes and operational
pressure on the general transportation system , be it rural or urban , access control is crucial to protect the public
health, safety, and welfare . Chapter 12 Article 5 or the Weld County Code contains the Road Access policy .
Access control is used to maintain smooth traffic flow, to provide road right-of-way drainage, and to protect the
functional level of the County roads while meeting state , regional , local , and private transportation needs and
interests . Access spacing criteria for local roads, collector roads, and arterial roads are shown in Table 12A-2 .
Table 12A-2 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
12A. 3 . 1 Local Roadways
Access standards to local roadways shall be governed by Table 12A-2 . Whenever possible , shared accesses will
be given priority . Shared access points or easements shall be a minimum of 30 feet wide and shall contain a
minimum 20-foot-wide, all -weather roadway .
12A. 3 .2 Collector Roadways
Access standards to collectors are shown in Table 12A- 2 . An access or new intersection onto a collector is not
permitted unless it meets the spacing requirements in Table 12A-2 and an alternative access or intersection to a
lower classified road is not feasible . No more than one access shall be allowed to an individual or to contiguous
parcels under the same ownership unless it can be shown that : the additional access would not be in conflict
with local safety regulations; the additional access would not be detrimental to public health , safety, and
welfare; and the additional access is necessary for the efficient use of the property .
12A. 3 . 3 Arterial Roadways
Access standards onto arterial roadways are shown in Table 12A-2 . An access or new intersection onto an
arterial is not permitted unless an access/intersection to a lower classified road is not feasible and the proposed
access meets the spacing requirements in Table 12A-2 and does not interfere with the location, planning, and
operation of the general street system or access to nearby properties . Whenever possible, shared accesses will
be given priority . No more than one access shall be allowed to an individual or to contiguous parcels under the
same ownership unless it can be shown that : allowing only one access would be in conflict with local safety
regulations; the additional access would not be detrimental to public health , safety, and welfare ; and the
additional access is necessary for the efficient use of the property . Intersections shall be spaced no less than 0 . 5-
mile apart on arterials, unless such spacing is impractical or impossible due to topographic or other physical
limitations as determined by the Department of Public Works . The type of access — full movement, three -quarter
movement, or right- in right-out movement — will be determined by the Department of Public Works .
12A. 3 .4 State Highway and Interstate Systems
CDOT and FHWA rules and regulations shall apply to all highway and interstate accesses . Weld County takes no
jurisdictional authority over access onto a highway or interstate .
12A. 3 . 5 Shared Accesses
Whenever possible and feasible, shared access will be provided to serve two or more adjacent properties .
Shared access is to be centered on the common property line . A written access agreement may be required .
12A.4 ACCESS DESIGN
Access points shall be designed to provide safe movement for traffic entering and traveling on roadways within
the County . Like intersections, access points are conflict locations . The basic design of access points includes
adequate spacing, proper alignments, and clear sight distances .
12A.4. 1 Geometric Design
Accesses shall enter onto Weld County roads at an 80- to 100-degree angle, for a minimum of one vehicle
length . An access approach that is gated shall be designed so that the longest vehicle ( including trailers ) using
the access can completely clear the traveled way when the gate is closed . In no event shall the distance from the
gate to the edge of the traveled surface be less than 35 feet . Any overhead entry structures shall have at least a
13 ' 6" clearance, measured from the access surface . When the access is intended for commercial or industrial
use, the access radii shall accommodate the turning movements of anticipated vehicle types . The following are
the access width and access radii for properties based upon land use .
Type of Land Use Approach Width Access Radii
Single-family residential 20-30 feet wide 25 feet minimum
Commercial/ Industrial 24-40 feet wide 60 feet minimum
Fill slopes and cut slopes shall be constructed to match the slopes of the existing County road adjacent to the
access . It is desirable that all side slopes be no steeper than 3 : 1 ( H :V ) . If a drainage culvert is required , a 15- inch
corrugated metal pipe is the County' s minimum size requirement, and minimum cover shall be 12 inches . All
culverts should be sized to convey the flow water based upon the existing capacity of the ditch . Figure 12A-2
shows a typical access approach .
Figure 12A-2 Access Approach
40 L.F. OF 15" DIA. FLARED END
CULVERT OR AS APPROACH
REQUIRED. 24' SECTIONS
;-- - - s -i.- - �--- - - FLOW LANE - - - -
RADIUS GRAVEL OR
PAVED SURFACE
AS REQUIRED SHOULDER
EDGE OF TRAVEL LANE
WELD COUNTY ROAD
PLAN VIEW
12A. 5 ACCESS SIGHT DISTANCE
At intersections, accesses, and points along County roadways, sight distance is essential to protect the traveling
public . 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 should
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 should 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 . This chapter defines the minimum requirements and technical criteria for the analysis and design of access
locations to and from County roadways with the intent of providing safe, orderly, and continuous traffic
movement . Chapter 4 of the Weld County Engineering and Construction Criteria also discusses common
obstructions to site distance and other considerations .
12A. 5 . 1 Sight Distance Calculations
For general sight distance calculations, the height of the driver' s eye is considered to be 3 . 5 feet above the road
surface and the object is considered to be 2 . 0 feet above the road surface . The lengths shown in Table 12A-3
shall be adjusted for any grade of 3 % or greater using the figures set forth in Table 12A-4 .
Table 12A-3 Minimum Sight Distance along Roadway ( Horizontal and Vertical )
Minimum Sight Distance along the Roadway ( Horizontal & Vertical )
Posted speed
( MPH ) 25 30 35 40 45 50 55 60 65 70
Design sight
distance (ft ) 150 200 250 325 400 475 550 650 725 850
Minimum sight
distance (ft ) 1,2 150 200 225 275 325 400 450 525 550 625
1. To calculate sight distance at the proposed access location, a height of 3 .5 feet shall be used for the driver' s eyes of a vehicle on
the highway approaching the access location . The driver's eyes shall be assumed to be at the centerline of the inside lane ( inside
with respect to the curve) for measurement purposes. A height of 3 .5 feet shall be used for a vehicle assumed to be on the
centerline of the access 5 feet back from the edge of the travel lane.
2. If an auxiliary lane is present, the entering posted speed for the deceleration lane and the posted speed at the end of the
acceleration lane shall be used .
Table 12A-4 Sight Distance Adjustment Factors for Roadway Grade
Sight Distance Adjustment Factors for Roadway Grade
Roadway Grade Factors
Upgrade
3 % to 4 . 9 % 0 . 90
5 % to7 . 5 % 0 . 80
Downgrade
3 % to4 . 9 % 1 . 20
5 % to7 . 5 % 1 . 35
12A. 5 . 2 Stopping Sight Distance
The minimum stopping sight distance is the distance required by the driver of a vehicle traveling at the design
speed to bring the vehicle to a stop after an object on the road becomes visible . Stopping sight distance is the
sum of the braking distance and the brake reaction time ( the interval between the instant that the driver
recognizes the existence of an object on the roadway and the instant the driver applies the brakes ) . The braking
distance is related to the initial speed and the coefficient of friction between the tires and the roadway . The wet
condition governs the stopping distances for purposes of design . Table 12A-5 provides the required minimum
stopping sight distances on straight roadways with grades of less than 3 % . In no case shall the stopping sight
distance be less than as specified in Table 12A-5 . For grades in excess of 3 %, refer to Table 12A-6 . For stopping
sight distance calculations, the height of the object is considered to be 6 inches above the road surface . Chapter
4 of the Weld County Engineering and Construction Criteria provides additional information concerning roadway
design and stopping sight distance .
Table 12A-5 Stopping Sight Distances
Stopping Sight Distances
Design Brake Braking Stopping Sight Distance
Speed Reaction Distance on
( MPH ) Distance (ft ) ' Level (ft ) Calculated (ft ) Design (ft )
25 91 . 9 60 . 0 151 . 9 155
30 110 . 3 86 . 4 196 . 7 200
40 147 .0 153 . 6 300 . 6 305
50 183 . 8 240 .0 423 . 8 425
60 220 . 5 345 . 5 566 . 0 570
70 257 . 3 470 . 3 727 . 6 730
1. Brake reaction distance predicted on a time of 2.5 seconds; deceleration rate of 11. 2 feet/second used
to determine calculated sight distance.
Table 12A-6 Stopping Distance at Grade
Stopping Distance at Grade
Downgrades Upgrades
Design Speed Stopping Distance Design Speed Stopping Distance
( MPH ) (ft) ( MPH ) (ft)
3% 6% 9% 3% 6% 9%
25 158 165 173 25 147 143 140
30 205 215 227 30 200 184 179
40 315 333 354 40 289 278 269
50 446 474 507 50 405 388 375
60 598 638 686 60 538 515 495
70 771 825 891 70 690 658 631
12A. 5 . 3 Stopping Sight Distance at Grade
When a roadway is constructed on a grade steeper than 3 %, the braking distance should not only account for
the initial speed and coefficient of friction , but should also be adjusted accounting for the percent grade ( both
up and down ) . Table 12A-6 provides the required stopping sight distances at grade in wet conditions .
12A. 5 .4 Stopping Sight Distance on Horizontal Curves
The proposed horizontal alignment must provide for the minimum stopping distance for the design speed at all
points along the roadway . In addition , the design must take into account the visibility at intersections, around
curves, and at roadside encroachments . Stopping sight distance on horizontal curves is based on lateral
clearance from the inner edge of the pavement to the sight obstruction , for various radii of inner edge of
0 pavement and design speeds . The position of the driver' s eye and the object sighted shall be assumed to be 6
feet from the inner edge of the pavement, with the sight distance being measured along this arc .
12A. 5 . 5 Decision Sight Distance
Decision sight distance is defined as the distance it takes for a driver to detect an unexpected or difficult-to-
perceive hazard along the roadway, recognize this hazard , select an appropriate speed and path , and complete
the required safety maneuver . Based on this definition , decision sight distance values tend to be greater than
I
I
stopping sight distance values . Interchanges and intersections, locations where unusual or unexpected
maneuvers are required , and changes in cross section are examples of locations where decision sight distances
may be examples of locations where decision sight distance values may be greater than in the average case .
Please see Chapter 4 of the Weld County Engineering and Construction Criteria for additional information about
decision sight distance during roadway design . Table 12A-7 provides the required decision sight distances .
Table 12A-7 Decision Sight Distance
Decision Sight Distance
Decision Sight Distance for Avoidance Maneuver (ft)
Design Speed ( MPH )
A B C D E
30 or less 220 490 450 535 620
40 330 690 600 715 825
50 465 910 750 890 1, 030
60 610 1, 150 990 1 , 125 1, 280
70 780 1,410 1, 105 1, 275 1445
Where:
Avoidance Maneuver A= stop on rural road (t=3 .0 seconds)
Avoidance Maneuver B= stop on urban road (t=9. 1 seconds)
Avoidance Maneuver C= stopped/path/direction change on rural road (t= 10. 2- 11. 2 sec)
Avoidance Maneuver D= stopped/path/direction change on suburban road (t= 12 . 1- 12.9 sec)
Avoidance Maneuver E= stopped/path/direction change on urban road (t= 14.0- 14.5 sec)
12A. 5 . 6 Intersection Sight Distance
Intersection sight distance is the distance required for vehicles to enter traffic and accelerate to the average
running speed . The intersection sight distance shall be as shown in Table 12A-9 . There shall be an unobstructed
sight distance along both approaches and both sides at an intersection (within the right-of-way) for distances
sufficient to allow the operators of vehicles that are approaching simultaneously to see each other in time to
prevent collisions at the intersection . All sight distance triangles must be within the public right-of-way or a sight
distance easement .
I Table 12A-8 Intersection Sight Distance
Intersection Sight Distance
Crossroad Posted Clear Zone Clear Zone
Required Sight
Speed Limit q Length Left Length Right
Distance ( ft )
( MPH ) ( ft ) ( ft
)
20 200 108 74
25 275 148 101
30 350 188 129
35 425 229 157
40 500 269 184
45 575 310 212
50 650 350 239
55 725 390 267
Figure 12A-3
CENTL �t N NCTE: CLEAR ZONE OVERVIEW (SHADED
AREA IS TO BE CLEAR OF SIGHT
OBSTRUCTIONS FROM 2.5' TO
I3' H. ABOVE THE ROAD). EDGE OP TRAVEL 'ANE I
I.ENGHT VARIES BY POSTED
C SPEED LMT*.
3 `
REOUfRE.D SIGHT DSTANCE - - -REQUIRED Scm' INSTANCE
12A. 5 . 7 Subdivision Roads Sight Distance
Roads should not have visible impediments between 3 and 8 feet at subdivision intersections within a triangular
area as shown in Figure 12A-4 .
Figure 12A-4
EDGE OF DRIVING POINT OF
v- SURFACE (FL OWLINE) 7-
INTERSECTION
40 ' �I
PROHIBITED
AREA
40 '
EDGE OF DRIVING
SURFACE ( F oW _INE)
12A. 6 AUXILIARY TURN LANES
Auxiliary lanes are useful in maintaining the safety, traffic flow, and operation of a roadway or access . When
auxiliary lanes are required by the County or warranted by information obtained during the development review
process, the applicant is responsible for design, installation, and any purchase of right-of-way to accommodate
the required lane width . Auxiliary lanes are required when unique location factors ( e .g . , 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 ) exist that determine the need for auxiliary lanes .
Auxiliary lanes are required to mitigate specifically identified and documented locations with safety and
operation issues . These include the following .
a ) Any access where high traffic volume or lack of gaps in traffic make an auxiliary lane necessary for vehicles to
safely and efficiently enter/exit the roadway .
b ) Any locations where conditions such as horizontal or vertical curves and sight obstructions exist and cannot
be removed , and may negatively affect public safety or traffic operation .
Auxiliary lanes typically consist of one or more of the following : transition taper, full width auxiliary lane, and
storage length . The use of these components varies based on the type of access, through street classification,
and site -specific conditions ( grades ) .
Figure 12A-5
REDIRECT TAPERS REDIRECT TA S
DECELERATION LANE
DECELERATION LANE ACCELERATION LANE
TRANSITION TAPERS TRANSITION TAPERS
12A.6. 1 Auxiliary Turn Lane Design
installed on collector and arterial roadways according to the criteria below .
Auxiliary turn lanes shall be y
• 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 10 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 .
• 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 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 .
• A right turn acceleration lane with taper is required for any access with a projected peak hour right
turning volume greater than 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 .
• 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 .
12A. 6. 2 Tapers
To determine the required acceleration and deceleration lane and transition taper length , see design criteria
presented in Table 12A- 10 . The length of the required transition taper is determined by multiplying the distance
offset by the transition taper ratio value associated with the posted speed in Table 12A- 10 . The beginning and
ending point of all tapers shall be rounded .
• Transition tapers : The purpose of an acceleration lane and transition taper is to provide sufficient length
for a vehicle to accelerate to the appropriate speed and merge into the through traffic lanes without
disrupting traffic flow . Table 12A- 10 provides the required acceleration lane and transition taper lengths
by design speed . Acceleration lane lengths in Table 12A- 10 shall be adjusted for a grade of 3 % or more .
The total length of the acceleration lane includes the values of both the lane and transition taper . The
length of a transition taper is calculated by multiplying the width of the lane by a standard ratio . The
beginning and ending point of all tapers shall be rounded .
• Redirect or straight tapers : Redirect tapers shall be used where an exclusive turn lane, median , or other
redirection of vehicles is necessary and where redirection of the flow of traffic is necessary to
accommodate the exclusive turn lane or median . Redirect tapers required for redirecting through travel
lanes shall be installed in conformance with Table 12A- 10 . If the redirect taper would result in a
horizontal curve design deficiency for the through movement, the horizontal curve shall be corrected .
Redirect tapers should be designed as straight tapers with the beginning and ending points rounded .
Table 12A-10 Acceleration/Deceleration Lane Design Criteria
Acceleration/Deceleration Lane Design Criteria
Posted speed limit ( MPH ) 25 30 35 40 45 50 55
Deceleration length ( ft ) 180 250 310 370 435 500 600
Acceleration length (ft ) N/A 190 270 380 550 760 960
Transition taper ( ratio ) 7 . 5 : 1 8 : 1 10 : 1 12 : 1 13 . 5 : 1 15 : 1 18 . 5 : 1
Straight taper ( ratio ) 15 : 1 15 : 1 20 : 1 30 : 1 45 : 1 50 : 1 55 : 1
12A.6. 3 Storage Lengths
The storage length for an auxiliary lane can be determined by the information summarized in Table 12A- 11 .
These lengths are based on the average length of a passenger vehicle and the estimated turning vehicles per
hour. Estimated lengths for buses, larger trucks, and recreational vehicles must be determined and submitted to
the County for review .
Table 12A-11 Auxiliary Lane Storage Lengths
Auxiliary Lane Storage Lengths
Turning vehicles per hour < 30 30-59 60- 100 > 100
Minimum required storage length ( ft . ) 25 40 50 100
'` The basis for designing the length of required storage is to provide sufficient length for vehicles to queue within
the lane without affecting other movements . Table 12A- 10 provides the required storage lengths for stop-
controlled intersections . Table 12A- 11 provides the required calculated storage lengths for signal -controlled
intersections . If the Department of Public Works determines that meeting the required storage length is
•
impractical or will result in an unsafe condition , the minimum storage length shall be based on the mean arrival
rate . But in no case shall the minimum storage length be less than 50 feet .
12A.6.4 Auxiliary Lane Conflicts
The following are additional standards for auxiliary lane design .
1 . No driveway shall be permitted within the transition area of any auxiliary lane .
2 . In the event that a portion of an auxiliary lane extends across one or more adjacent properties, the County
may require the applicant to obtain any necessary right-of-way .
3 . In the event an auxiliary lane is constructed within 100 feet of an arterial -arterial intersection, the applicant
is responsible for design , acquisition of required right-of-way, relocation of utilities, and construction of the
lane to such intersection .
4 . Where two intersections have exclusive turn lanes that overlap or the ending points of the exclusive turn
lanes have less than 300 feet or one- half their length of separation ( whichever is shorter) , and a significant
structure or topographical feature does not preclude widening, a continuous exclusive turn lane shall be
constructed between the intersections to improve roadway consistency and safety, and to maintain edge of
pavement continuity .
5 . If restrictive topography allows only one exclusive turn lane , normally a left turn deceleration lane is given
first priority . Where a left turn lane is installed and the travel lanes must be redirected , an overlay of
pavement is required .
12A. 7 ACCESS CONSTRUCTION
All roadway access construction which affects existing structures within the County right-of-way — such as
pavement, curbs, gutters, sidewalks, drainage structures, ditches, and auxiliary lanes — is required to incorporate
modifications to existing structures as part of the final access design . A Right-of-Way Permit is required prior to
any new construction in Weld County right-of-ways .
12A. 7 . 1 Gravel Requirements
Gravel or recycled asphalt gravel base will be permitted for individual residential access or field access adjacent
to county roads with gravel surfacing . The gravel surface will include a minimum of 4 inches of compacted
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aggregate base course or equivalent material from the right-of-way line to the edge of the traveled roadway .
12A. 7 . 2 Pavement Requirements
Access pavement thickness shall match roadway pavement thickness . If required by the weather, a delay of one
season in placement of hot bituminous pavement may be allowed , provided adequate gravel surfacing is
substituted and maintained until asphalt placement .
12A. 7 . 3 Access Drainage
Accesses should be constructed in a manner that minimizes erosion and does not result in deposition of silt and
debris upon the County roadway or roadside ditches . Accesses which slope down toward the public 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 owner of the property shall pay for 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 . The applicant is responsible for any alterations of the natural flow of water
across private properties .
12A. 7 .4 Structures
For efficiency and to avoid maintenance or public safety concerns, the County reserves the right to maintain the
full width of the road right-of-way without structures located thereon . Structures include, but are not limited to :
fences, trash cans, gates, mailboxes, and irrigation structures regardless of whether or not they are physically
located on the traveled portion or right-of-way. Structures shall be removed from the right-of-way upon written
request by the Department of Public Works . Mailboxes may be located in the public road right-of-way only
where they do not create a roadside hazard , obstruct or hinder vehicular or pedestrian traffic, or interfere with
road maintenance activities such as snowplowing and mowing . Mailboxes shall be located at least 8 feet away
from the edge of the traveled way .
Wear, damage, or breakage to mailboxes, fencing, decorative items, signage, or any other appurtenances
throughout the property roadside frontage due to thrown snow and inclusions from snow removal activities on
a County- maintained road will not be the responsibility of the County .
12A. 8 CHANGE IN ACCESS USE
If the use of an existing access to County right-of-way changes or there is a change in the use of the property, a
new Access Permit may be required , in accordance with Chapter 12 Article 5 of the Weld County Code . Change
in access or property use may include, but is not limited to : change in the amount or type of traffic; structural
modification ; remodeling; change in use or type of business; expansion of existing business; change in zoning;
change in property division ; and creation of new parcels .
12A. 9 TEMPORARY ACCESS
Any road access which will be closed after being used for a limited time may be considered a temporary road
access . The time in use of temporary accesses shall not exceed twelve months . A Temporary Access Permit may
be granted only if the temporary access meets minimum County traffic safety and operational requirements,
including sight distance .
12A. 10 TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways . Temporary Tracking Control
shall be used during construction unless permanent tracking control is installed ahead of construction activities .
12A. 10 . 1 Tracking Control Triggers
The following are minimal standards that require tracking control devices :
• Less than 20 passenger vehicle round trips/day , no upfront tracking control requirements .
• 20 to 50 passenger vehicle round trips/day or less than 4 truck round trips/day :
o Access onto gravel roads includes 50 ft of road base or recycled asphalt.
o Access onto paved roads includes 100 ft of road base or recycled asphalt.
• 4 to 10 round truck trips/day (tandem or semi-trucks ) :
o Access onto gravel roads requires recycled asphalt or road base on all driving surfaces .
o Access onto paved roads requires a tracking control device and a minimum of 100ft of recycled
asphalt/road base OR 300ft of asphalt. ( SURFACE IMPROVEMENTS LESS THAN 300 FT MAY
BE ALLOWED IF SITE CONSTRAINTS WOULD PROHIBIT MEETING CONDITION . )
• More than 10 round truck trips/day (tandem or semi-trucks) or more than 50 round passenger vehicles trips :
o Access onto gravel roads requires a tracking control device and a minimum of 300ft of recycled
asphalt or road base .
o Access onto paved roads requires both a tracking control devise and 100ft of asphalt OR 300ft of
asphalt.
12A. 10 . 2 Tracking Control Devices
To mitigate any impacts to the public road including damages and/or offsite tracking of mud or other
materials . The following is a list of possible tracking control devices that can be potential combined or
used individually :
o Cattle Guards
o Asphalt or Concrete paving
o Rip-Rap (6" washed rock)
EXHIBIT INVENTORY CONTROL SHEET
ORDINANCE 2016 -05
Exhibit Submitted By Description
Janet Lundquist , BOCC Presentation — Access Permit Code Changes —
A . Public Works Dated 05/23/2016
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