HomeMy WebLinkAbout20161502.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-05 was introduced on
first reading on May 2, 2016, and a public hearing and second reading was held on May 23, 2016.
A public hearing and final reading was completed on June 20, 2016, with changes being made
as listed below, and on motion duly made and seconded, was adopted. Effective date of said
Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to
an individual Commissioner may not be included in the case file. To ensure inclusion of your
E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2016-05
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 12 LICENSES AND PERMITS,
CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS AND CHAPTER 26 REGIONAL
URBANIZATION AREAS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: July 4, 2016
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 24, 2016
PUBLISHED: June 29, 2016, in the Greeley Tribune
*******
CHANGES MADE TO CODE ORDINANCE #2016-05 ON FINAL READING:
Amend Sec. 12-5-30. Regulation of access onto County roadways to read as follows:
A. Access to a Single Parcel. Each parcel shall be allowed one access point for safe ingress
and egress, which may be an existing or new shared access. Each parcel shall be limited to
this single access, except as modified by the Board of County Commissioners; as a result of
zoning requirements; consideration in land use applications; safety considerations;
subdivision regulations; or the inability to meet minimum requirements as outlined in the Weld
County Engineering and Construction Criteria document shown in Appendix 12-A.
B. through D. — No change.
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.
020/60 - /,� '
Reletter subsequent paragraphs.
Amend Sec. 12-5-40. Access Permit application to read as follows:
A. — No change.
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.
Add Sec. 12-5-50. Oil and Gas (O&G) Accesses to read as follows:
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 as justification for additional
access:
1. Impacts to Irrigation Pivot or Confined Animal Feeding Operations (CAFO).
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. 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.
Amend Sec. 12-5-60. Complex Accesses to read as follows:
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 daily traffic count 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 and site and/or construction drawings to support the Access Permit
Application review process. No Access Permit shall be issued for a complex access without
an accompanying Improvements and Road Maintenance Agreement that meets the
specifications in the Engineering and Construction Criteria shown in Appendix 12-A.
B. — No change.
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.
Amend Sec. 12-5-60 to 12-5-70. Application review, Access Permit issuance, and permit
limitations. Remainder of Section — No change.
Amend Sec. 12-5-70 to 12-5-80. County authority. Remainder of Section — No change.
Amend Sec. 12-5-80 to 12-5-90. Access control to read as follows:
A. — No change.
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.
Remainder of Section — No change.
Amend Sec. 12-5-90 to 12-5-100. Permit holder's general responsibilities. Remainder of Section
— No change.
Amend Sec. 12-5-100 to 12-5-110. Administrative fee. Remainder of Section — No change.
Amend Sec. 12-5-110 to 12-5-120. Variance from specific Access Permit requirements to read
as follows:
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.
Amend Sec. 12-5-120 to 12-5-130. Appeal of denial of Access Permit. Remainder of Section —
No change.
Amend Sec. 12-5-130 to 12-5-140. Enforcement. Remainder of Section — No change.
� r
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Kelly Ash
NOTICE OF of said County of Weld, being duly sworn, say
• FINAL lig_ADING OF ORDINANCE that I am an advertising clerk of
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2016-05 was introduced on first reading on May 2 , THE GREELEY TRIBUNE
2016, and a public hearing and second reading was held on May 9
23, 2016. A public hearing and final reading was completed on
June 20, 2016, with changes being made as listed below, and on
motion duly made and seconded, was adopted. Effective date of that the same is a daily newspaper of general
said Ordinance is listed below. Any backup material, exhibits or
information previously submitted to the Board of County Com- circulation and printed and published in the City of
missioners concerning this matter may be examined in the office
of the Clerk to the Board of County Commissioners, located Greeley, in said county and state; that the notice or
within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 advertisement, of which the annexed is a true copy,
p.m., Monday thru Friday, or may be accessed through the Weld
County Web Page (www.co.weld.co.us). E-Mail messages sent has been published in said daily newspaper for
to an individual Commissioner may not be included in the case
file. To ensure inclusion of your E-Mail correspondence in- consecutive (days): that the notice was published in
to the case file , please send a copy to
egesick@co.weld.co.us. the regular and entire issue of every number of said
ORDINANCE NO. 2016-05 newspaper during the period and time of
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND of said notice, and in the newspaper
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINIS- publication
TRATION , CHAPTER 12 LICENSES AND PERMITS, CHAP-
TER and not in a supplement thereof; that the
TER 23 ZONING , CHAPTER 24 SUBDIVISIONS AND CHAP- proper pp
TER 26 REGIONAL URBANIZATION AREAS, OF THE WELD first publication of said notice was contained in the
COUNTY CODE
EFFECTIVE DATE: July 4, 2016 Twenty-Ninth day of June A.D. 2016 and the last
BOARD OF COUNTY COMMISSIONERS publication thereof: in the issue of said newspaper
WELD COUNTY, COLORADO
DATED: June 24, 2016 bearing the date of the
PUBLISHED: June 29, 2016, in the Greeley Tribune Twenty-Ninth day of June A.D. 2016 that said
CHANGES MADE TO CODE ORDINANCE #2016-05 ON Fl- The Greeley Tribune has been published
NAL READING: continuously and uninterruptedly during the period
ways to Sec. 12-5-30.follows:Regulation of access onto County road- of at least six months next prior to the first issue
ways read as
A. Access to a Single Parcel. Each parcel shall be allowed one thereof contained said notice or advertisement
access point for safe ingress and egress, which may be an ex-
isting or new shared access. Each parcel shall be limited to this above referred to; that said newspaper has been
single access, except as modified by the Board of County Com-
missioners; as a result of zoning requirements; consideration in admitted to the United States mails as second-class
land use applications; safety considerations; subdivision regula-
tions; or the inability to meet minimum requirements as outlined matter under the provisions of the Act of March
in the Weld County Engineering and Construction Criteria docu-
ment shown in Appendix 12-A. 3 , 1879, or any amendments thereof; and that said
B. through D. — No change.
E. Agricultural Access. Low Volume Accesses with daily traffic newspaper is a daily newspaper duly qualified for
of less than 20 trips per day and that have an Agricultural Land
Use may be granted additional accesses on local and collector publishing legal notices and advertisements within
roadways that comply with the requirements as outlined in the
Weld County Engineering and Construction Criteria document the meaning of the laws of the State of Colorado.
shown in Appendix 12-A.
Reletter subsequent paragraphs.
Amend Sec. 12-5-40. Access Permit application to read as fol- June 29, 2016
lows:
A. — No change.
B. Development Access. The Department of Public Works may T to Charges: $59 . 82
allow Access Permits to be processed in groups within a com-
mon development or subdivision to reduce the administrativeacetsess
burden on applicants requesting permits concurrently for multi-
ple lots. Such "development access" is subject to a development
review application.
Add Sec. 12-5-50. Oil and Gas (O&G) Accesses to read as fol- 29th day of June 2016
lows:
A. Additional Access. O&G Land Uses may be granted addition-
al accesses on local and collector roadways that comply with the
requirements as outlined in the Weld County Engineering and My Commission Expires 2/ 14/2019
Construction Criteria document shown in Appendix 12-A. The
request will also need to include one or more of the following
hardships as justification for additional access:
1 . Impacts to Irrigation Pivot or Confined Animal Feeding Opera-
tions (CAFO).
2. Impacts to Residential Home.
3. Documented Blockage or Interruption of Access.
4. Documented Roadway Geometric Issues. AaA54,
5. Documented Physical or Size Limitations on the Parcel.
B. Roadway Improvements. The review process may require
public improvements; such as, acceleration and deceleration Notary Public
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 �_r� " ���' �'-'_ '=`
are continuously sustained traffic volumes for over a year. JERILYN L. MARTINEZ
NOTARY P UBLIC
STATE OF COLORADO
NOTARY I n 074006708
MY COMMISSION (p{ $ FEBRUARY 14, 2019 ti
— •
C. Temporary Construction Maintenance Agreement. A Tempo-
rary Construction Maintenance Agreement may be required as a
condition of granting the access permit. Possible mitigations
shall be set forth in the maintenance agreement. The agreement
shall be made in conformance with the County's policy 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.
Amend Sec. 12-5-60. Complex Accesses to read as follows:
Accesses with larger impacts or traffic volumes on to the County
roadway network are considered complex accesses. Complex
accesses may require additional application materials, agree-
ments, or conditions in advance of approval.
A. Additional application materials required. Accesses with a
daily traffic count 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 in-
clude, but is not limited to, a traffic impact study and site and/or
construction drawings to support the Access Permit Application
review process. No Access Permit shall be issued for a complex
access without an accompanying Improvements and Road
Maintenance Agreement that meets the specifications in the
Engineering and Construction Criteria shown in Appendix 12-A.
B. — No change.
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.
Amend Sec. 12-5-60 to 12-5-70. Application review, Access
Permit issuance, and permit limitations. Remainder of Section —
No change.
Amend Sec. 12-5-70 to 12-5-80. County authority. Remainder
of Section — No change.
Amend Sec. 12-5-80 to 12-5-90. Access control to read as
follows:
A. — No change.
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 exis-
ting accesses for a parcel, or do not meet spacing requirements
identified in the Weld County Engineering and Construction
Criteria document, if applicable.
Remainder of Section — No change.
Amend Sec. 12-5-90 to 12-5- 100. Permit holder's general
responsibilities. Remainder of Section — No change.
Amend Sec . 12-5- 100 to 12 -5 - 110 . Administrative fee .
Remainder of Section — No change.
Amend Sec. 12-5- 110 to 12-5- 120. Variance from specific
Access Permit requirements to read as follows:
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. Re-
quests for variances should be submitted in a written letter ad-
dressing 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.
Amend Sec. 12-5- 120 to 12-5-130. Appeal of denial of Access
Permit. Remainder of Section — No change.
Amend Sec. 12-5- 130 to 12-5-140. Enforcement. Remainder of
Section — No change.
The Tribune
June 29, 2016
v,l.... 1 a' Yn M..M,...m..,.. .M "�.:dksa../" .,:.c... a . /dD ..... —.. ...d, .✓ n _ _ .s.\ ....
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-05 was introduced on
first reading on May 2, 2016, and a public hearing and second reading was held on May 23, 2016,
with changes being made as listed below. A public hearing and third reading is scheduled to be
held in the Chambers of the Board, located within the Weld County Administration Building, 1150
O Street, Greeley, Colorado 80631, on June 20, 2016. All persons in any manner interested in
the next reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to
an individual Commissioner may not be included in the case file. To ensure inclusion of your
E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2016-05
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 12 LICENSES AND PERMITS,
CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS AND CHAPTER 26 REGIONAL
URBANIZATION AREAS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: June 20, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 27, 2016
PUBLISHED: June 1, 2016, in the Greeley Tribune
*******
CHANGES MADE TO CODE ORDINANCE #2016-05 ON SECOND READING
Amend Sec. 12-5-30.A. to read as follows:
A. Access to a single parcel. Each parcel shall be allowed one access point for safe ingress
and egress, which may be an existing or new shared access. Each parcel shall be limited to
this single access, except as modified by the Board of County Commissioners; as a result of
zoning requirements; consideration in land use applications; safety considerations;
subdivision regulations; or the inability to meet minimum requirements as outlined in the Weld
County Engineering and Construction Criteria document shown in Appendix 12-A.
4 1'
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Kelly Ash
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
NOTICE OF
SECOND READING OF ORDINANCE circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 201645 was introduced on first reading on May 2, advertisement, of which the annexed is a true copy,
2016, and a public hearing and second reading was held on May
23, 2016, with changes being made as listed below. A public has been published in said daily newspaper for
hearing and third reading is scheduled to be held in the Cham-
bers of the Board, located within the Weld County Administra- consecutive (days) : that the notice was published in
tion Building, 1150 O Street, Greeley, Colorado 80631 , on June
20, 2016. All persons in any manner interested in the next the regular and entire issue of every number of said
reading of said Ordinance are requested to attend and may be
heard. Please contact the Clerk to the Board's Office at phone newspaper during the period and time of
(970) 336-7215, Extension .4225, or fax (970) 336-7233, prior to ublication of said notice, and in the newspaper
the day of the hearing if, as a result of a disability, you require p
reasonable accommodations in order to participate in this hear- proper and not in a supplement thereof; that the
ing. Any backup material, exhibits or information previously
submitted to the Board of County Commissioners concerning this first publication of said notice was contained in the
matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Admin- First day of June A.D . 2016 and the last
istration Building, 1150. O Street, Greeley, Colorado, between the
hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be publication thereof: in the issue of said newspaper
accessed through the Weld County Web Page
(www.co.weld.co. us). E-Mail messages sent to an individual bearing the date of the
Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, First day of June A.D. 2016 that said The
•
please send a copy to egesick@co.weld.co.us.
Greeley Tribune has been published continuously
ORDINANCE NO. 2016-05
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND and uninterruptedly during the period of at least six
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINIS-
TRATION, CHAPTER 12 LICENSES AND PERMITS, CHAP- months next prior to the first issue thereof
TER 23 ZONING, CHAPTER 24 SUBDIVISIONS AND CHAP- contained said notice or advertisement above
TER 26 REGIONAL URBANIZATION AREAS, OF THE WELD
COUNTY CODE referred to ; that said newspaper has been admitted
DATE OF NEXT READING: June 20, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS to the United States mails as second-class matter
WELD COUNTY, COLORADO under the provisions of the Act of March 3 , 1879 , or
DATED: May 27; 2016
PUBLISHED: June 1 , 2016, in the Greeley Tribune any amendments thereof; and that said newspaper
is a daily newspaper duly qualified for publishing
CHANGES MADE TO CODE
CE #2016-05 ON SEC-
OND READING legal notices and advertisements within the
Amend Sec. 12-5-30.A. to read as follows: meaning of the laws of the State of Colorado.
A.Access to a single parcel. Each parcel shall be allowed one
access point for safe ingress and egress, which may be an ex-
isting or new shared access. Each parcel shall be limited to this June 1 2016
single access, except as modified by the Board of County Com-
missioners; as a result of zoning requirements; consideration in
land use applications; safety considerations; subdivision regula-
tions; or the inability to meet minimum requirements as outlined Total harges: $ 18 .
in the Weld County Engineering and Construction Criteria docu-
ment shown in Appendix 12-A.
The Tribune
June 1 , 2016
1st day of June 2016
My Commission Expires 2/ 14/2019
otary Public
JERILYN L. MARTINS,
NOTARY PUBLIC
STATE OF COLORADO
NOTARY Ii 2OO74oc 7a8
MY COMMISSION EXPIRES FEBRUARY 14, 2019
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-05 published below,
was introduced and , on motion duly made and seconded , approved upon first reading
on May 2 , 2016 . A public hearing and second reading is scheduled to be held in the Chambers
of the Board , located within the Weld County Administration Building , 1150 O Street , Greeley ,
Colorado 80631 , on May 23 , 2016 . All persons in any manner interested in the reading of said
Ordinance are requested to attend and may be heard .
Please contact the Clerk to the Board 's office at phone (970) 336-7215 , Extension 4225 , or fax
(970) 336-7233 , prior to the day of the hearing if, as the result of a disability , you require
reasonable accommodations in order to participate in this hearing .
Any backup material , exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners , located within the Weld County Administration Building , 1150 O Street ,
Greeley , Colorado , between the hours of 8 : 00 a . m . and 5 : 00 p . m . , Monday thru Friday , or may be
accessed through the Weld County Web Page (www. co . weId . co . us) . E-Mail messages sent to
an individual Commissioner may not be included in the case file . To ensure inclusion of your
E -Mail correspondence into the case file, please send a copy to egesick@co.weld . co. us .
ORDINANCE NO . 2016-05
ORDINANCE TITLE : IN THE MATTER OF REPEALING AND REENACTING , WITH
AMENDMENTS , CHAPTER 21 ADMINISTRATION , CHAPTER 12 LICENSES AND PERMITS ,
CHAPTER 23 ZONING , CHAPTER 24 SUBDIVISIONS AND CHAPTER 26 REGIONAL
URBANIZATION AREAS , OF THE WELD COUNTY CODE
DATE OF NEXT READING : May 23 , 2016 , at 9 : 00 a . m .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
DATED : May 6 , 2016
PUBLISHED : May 11 , 2016 , in the Greeley Tribune
*******
WELD COUNTY
CODE ORDINANCE 2016 -05
IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 2
ADMINISTRATION , CHAPTER 12 LICENSES AND PERMITS , CHAPTER 23 ZONING ,
CHAPTER 24 SUBDIVISIONS AND CHAPTER 26 REGIONAL URBANIZATION AREAS , OF
THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD , STATE OF COLORADO :
2016- 1502
WHEREAS , the Board of County Commissioners of the County of Weld , State of
Colorado , pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County , Colorado , and
WHEREAS , the Board of County Commissioners , on December 28 , 2000 , adopted Weld
County Code Ordinance 2000- 1 , enacting a comprehensive Code for the County of Weld ,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption , and
WHEREAS , the Weld County Code is in need of revision and clarification with regard to
procedures , terms , and requirements therein .
NOW, THEREFORE , BE IT ORDAINED by the Board of County Commissioners of the
County of Weld , State of Colorado , that certain existing Chapters of the Weld County Code be ,
and hereby are , repealed and re-enacted , with amendments , and the various Chapters are
revised to read as follows .
CHAPTER 2
ADMINISTRATION
Amend Sec . 2 -3-30 . Collateral for improvements .
A . General Requirements for Collateral :
1 . This policy shall be applied to all applications for Subdivisions , Planned Unit
Developments , Final Plats , Uses by Special Review ( USR) and 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 or USR Plat Map 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
as
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 .
Remainder of Section — No change .
Amend Sec. 2 -13-50 . Approved access .
The term approved access shall mean an Access Permit has been approved and issued by
the Department of Public Works . This process is described in Chapter 12 , Article 5 of this Code .
Amend Sec. 2 -13-60 . Application requirements for issuance of address .
The following information shall be submitted on , or attached to , an application form which
shall be obtained from the Department of Planning Services :
A . Name and address of the applicant .
B . Proof of ownership and legal description of the legal lot for which the address is being
requested .
i
C . Depiction of access to the legal lot , consisting of an approved Weld County Access
Permit and , if appropriate , a copy of a recorded plat approved through the processes
described in Chapter 23 , 24 or 27 of this Code .
CHAPTER 12
LICENSES AND PERMITS
ARTICLE V
Road Access Policy
Amend 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 .
Amend 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 .
Amend Sec . 12-5-30 . Regulation of access onto County roadways .
A. No net increase . Each parcel shall be allowed one access point for safe ingress and egress ,
which may be an existing or new shared access . Each parcel shall be limited to this single
access , except as modified by the Board of County Commissioners ; as a result of zoning
requirements ; consideration in land use applications ; safety considerations ; subdivision
regulations ; or the inability to meet minimum requirements as outlined in the Weld County
Engineering 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 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
I and regulations set forth in this Article . In no event shall an access be allowed , permitted ,
g or
if it is detrimental to the public health , welfare , and safety .
D . Emergency Access Allowed . Police , fire , ambulance and other emergency providers may
have direct access to County roadways if no other access is permitted .
E . Additional Access . 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 there is a 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 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 case . 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 be 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 .
Amend 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 on 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 higher
complexity and possible impacts , a transportation impact study may be required to support
review and approval of an Access Permit application for an access serving development . 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 .
Add 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 traffic count 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 and site and/or construction drawings to support the Access Permit
Application review process . No Access Permit shall be issued for a complex access 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 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 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.
Amend Sec . 12 -5-60 . Application review, Access Permit issuance, and permit limitations .
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 the application for an Access
Permit conforms to the policies and requirements set forth in this Article , meets 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 to include , but 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 the
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 .
Amend Sec . 12 -5-70 . 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 road 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 .
Add Sec . 12-5-80. 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 right turn in and 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
as shown in Appendix 12-A , 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 .
Amend 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 72 hours in advance of
the access construction , if excavation is required .
B . Traffic Control . Access construction activities shall not interfere with traffic on County
roadways . If interference with traffic is required , a traffic control plan shall be submitted
to , and approved by, the Department of Public Works as part of the permit application .
All traffic control shall conform to the most current version of the Manual on Uniform
Traffic Control Devices standards , which is 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 this 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 , reestablishing the profile of the
burrow ditch , removing any gates in the fencing adjacent to the maintained right-of-way ,
and attempting to reseed the affected area located in the right-of-way with natural
vegetation to the satisfaction of the Department of Public Works .
Amend Sec . 12-5-100 . 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 .
Add Sec . 12 -5-110 . 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 .
Add 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 .
Amend 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 .
1
I
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-day period , the
Department of Public Works may request that the Sheriffs Office issue a summons and
complaint to the violator, stating the nature of the violation with sufficient particularity to
give notice of said charge to the violator. The summons and complaint shall require that
the violator appear in court at a definite time and place stated therein to answer and
defend the charge . One ( 1 ) copy of said summons and complaint shall be served upon
the violator by the Sheriffs Office in the manner provided by law for the service of a
criminal summons . One ( 1 ) copy each shall be retained by the Sheriffs Office and
Department of Public Works and one ( 1 ) copy shall be transmitted to the Clerk of the
Court . The County may install barriers across or remove any access not conforming to
this Article 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 .
C . Revocation of Access Permit . Should the applicant or any subsequent property owner fail to
abide by the terms of any associated Improvements Agreement , the Board of County
Commissioners may revoke the Access Permit. Such revocation may subject the applicant
or any subsequent property owner to the penalties outlined in this chapter, or any other
enforcement mechanism provided by law.
D . Equitable Relief in Civil Action . In the case of any violation of this Article , the County Attorney ,
in addition to the other remedies provided by law, ordinance or resolution , may institute an
injunction , mandamus , abatement or other appropriate action or proceeding to prevent ,
enjoin , abate or remove such violation .
E . Civil Penalties . In addition to any of the penalties set forth above , any person , firm or
corporation violating any such regulation , provision or amendment thereof or any provision
of this Article 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 .
G . Failure to Comply With Requirements of Issued Access Permit . Failure of the Permit Holder
to comply with any of the terms and conditions of an issued Access Permit shall be sufficient
cause for cancellation of the permit and may result in the removal of the access and its
appurtenances by the County at the Permit Holder' s expense .
H . Access Permit Issued Erroneously or Upon Incorrect Information . Any Access Permit which
has issued in error or on the basis of incorrect information supplied by the Permit Holder,
shall be considered void . In the event an Access Permit is void , no refund of permit fees shall
be made unless the Access Permit was issued in error by the Department of Public Works .
I . Notice Regarding Illegal Access . 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.
CHAPTER 23
ZONING
Amend Sec. 23-2-30 . Duties of Planning Commission .
Al . through 3 . - No change .
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 12-A . 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 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 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 .
Remainder of Section — No change .
Amend Sec. 23 -2-40 . Duties of Board of County Commissioners .
A . 1 . through B . 3 . - No change .
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
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 12-A .
Remainder of Section — No change .
Amend Sec . 23 -2-50 . Application requirements for Change of Zone.
A . through E . 7 . — No change .
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 12-A .
Remainder of Section — No change .
Amend Sec . 23-2-160 . Application requirements for site plan review.
Any person wanting to apply for a Site Plan Review shall arrange for a preapplication
conference with the Department of Planning Services . The purpose of the application is to give
the applicant an opportunity to demonstrate , through written and graphic information , how the
proposal complies with the standards of this Chapter. The following supporting documents shall
be submitted as a part of the application :
A . through G . — No change .
H . A completed County Road Access Information Sheet provided by the Department of
Planning Services . The applicant will be required to submit a completed Access Permit
and Improvements Agreement , where applicable , prior to approval of a Site Plan Review
(SPR) . Such Access Permit shall be in conformance with Section 12-5- 10 et seq .
I . through R . — No change .
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 12-A .
T. A statement explaining that the trash collection areas or facilities are located , designed
and USED in a manner that shall meet the requirements of the zone district .
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:
1 . through 7 . - No change .
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 12-A .
V . through CC . — No change .
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 12-A .
Amend Sec . 23-2-200 . Intent and applicability.
I
A . through E . — No change .
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 12-A .
Remainder of Section — No change .
Amend Sec . 23 -2-250 . Operation standards .
An applicant for a Special Review Permit shall demonstrate conformance with the following
operation standards in the Special Review Permit application to the extent that the standards
affect location , layout and design of the Use by Special Review prior to construction and operation .
Once operational , the operation of the USES permitted shall conform to these standards .
p � p
A . through F . — No change .
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 12-A .
Amend Sec. 23-2-260 . Application requirements .
A. through E . 5 . — No change .
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 12-A .
Remainder of Section — No change .
Amend Sec . 23-2-285 . Minor amendments .
A . through K . — No change .
L . Site Specific Development Plan and Use By Special Review ( USR) Map Requirements :
1 . through 2 . r. — No changes .
s . Access Permit .
t . Any other relevant information about the property as may be reasonably required by
the County to meet the intent and purpose of this Chapter.
Amend 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 .
1 . through 9 . — No change .
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 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 12-A. 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 .
Remainder of Section — No change .
Amend Sec . 23-2-730 . - PUD Plan application requirements .
An applicant may submit an application for a PUD Plan , provided that the PUD Plan is located
within an existing PUD District . A PUD Plan may encompass all or part of a PUD District . The
uses shall be identical to those located and described on the PUD District Plat . The following
completed information , data and maps are required unless waived by the Department of Planning
Services .
A. through F . — No change .
G . An Improvements 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 , the applicant shall demonstrate a completed Access Permit,
pursuant to Section 12-5- 10 et seq . , including any required Improvements Agreement .
Remainder of Section — No change .
Amend Sec . 23 -4-460 . Zoning Permit for Wind Generator permit application requirements .
An application for a Zoning Permit for a WIND GENERATOR shall include the following :
A . through G . — No change .
H . Weld County Access Permit .
Remainder of Section — No change .
Amend Sec . 23 -4-520 . Application requirements for temporary seasonal use permit.
The following supporting documentation shall be submitted as a part of the application :
A . through E . — No change .
F . A completed Weld County Access Permit provided by the Department of Planning
Services .
Remainder of Section — No change .
Amend Sec . 23-4-600 . Permit requirements.
No second SINGLE- FAMILY DWELLING on a LEGAL LOT in the A (Agricultural ) Zone
District shall be allowed without first receiving an approved zoning permit as required by this
Division . The intent of allowing a second SINGLE- FAMILY DWELLING on a LEGAL LOT in the A
(Agricultural) Zone District is to provide for family and caregivers to dwell on the same LEGAL
LOT. An application for any zoning permit for a second SINGLE- FAMILY DWELLING on a LEGAL
LOT in the A (Agricultural ) Zone District shall include the following :
A. through N . — No change .
O . A Weld County Access Permit .
Remainder of Section — No change .
Amend Sec. 23-4-870 . Zoning Permit for Telecommunication Antenna Tower permit
application requirements .
An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall
include the following :
A. through F . — No change .
G . Weld County Access Permit .
Remainder of Section — No change .
Amend Sec . 23-4-910 . Semi -trailer as accessory storage permit requirements.
An application for a Zoning Permit for a Semi-Trailer as Accessory Storage shall include the
following :
A . through G . — No change .
H . Weld County Access Permit .
Remainder of Section — No change .
Amend Sec . 23-4-960 . Commercial vehicle permit requirements.
An application for any Zoning Permit for a Commercial Vehicle required by this Division shall
include the following :
A . through E . — No change .
F . A sketch plan of the site at the scale of one ( 1 ) inch represents twenty (20) feet or other
suitable scale to show:
1 . The proposed location of the commercial vehicle , including distances from the
property LOT lines and other STRUCTURES on the property .
2 . Access to be utilized by the commercial vehicle indicating whether the access is
existing or proposed .
3 . Location and measurements of any easements or rights-of-way .
4 . Weld County Access Permit .
5 . Identification of any county , state or federal roads or highways .
6 . Existing STRUCTURES on the property .
Remainder of Section — No change .
Amend Sec. 23-4-990 . Home Occupation - Class II permit requirements .
A. Intent . A HOME OCCUPATION - CLASS II Zoning Permit shall be obtained for any HOME
OCCUPATION falling within the definition of a CLASS II operation .
I B . Application requirements . An application for any zoning permit for a HOME OCCUPATION
required by this Division shall include the following :
1 . Name , address and telephone number of the applicant .
2 . Name , address and telephone number of the owner of the land if different from
Paragraph 1 above .
3 . Evidence of interest in the subject land held by the applicant, such as a deed , lease
agreement or similar evidence .
4 . A copy of a deed or legal instrument identifying the applicant' s interest in the property
under consideration .
5 . Number of acres of the property .
6 . A sketch plan of the site at the scale of one ( 1 ) inch represents twenty (20) feet , or other
suitable scale , to show:
a . The proposed location of the commercial vehicle (if applicable) , including distances
from the property LOT lines and other STRUCTURES on the property .
b . Access to be utilized by the commercial vehicle ( if applicable) indicating whether the
access is existing or proposed .
c . Location and measurements of any easements or rights-of-way .
d . A Weld County Access Permit .
e . Identification of any County , state or federal roads or highways .
f. Existing STRUCTURES on the property .
g . The STRUCTURES in which the HOME OCCUPATION shall be operated within
shall be appropriately labeled . The total area of use shall also be delineated .
7 . through 12 . — No change .
13 . A Weld County Access Permit .
14 . A Statement of Taxes from the County Treasurer showing no delinquent taxes for the
area referred to in the application materials .
15 . Questionnaire .
Remainder of Section — No change .
i
CHAPTER 24
SUBDIVISION
Amend Sec . 24-1 -40. Definitions .
For the purposes of this Chapter, the following words and phrases shall have the meanings
stated in this Section :
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
4 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 12 -A .
0
Remainder of Section — No change .
Amend Sec . 24-3-50 . - Final plat.
An applicant shall submit a complete minor subdivision final plat application with the required
number of application copies and application fee to the Planner. The required number of
application copies shall be determined by the Planner. The following information shall be
submitted as part of a minor subdivision final plat application :
A . through O . — No change .
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 12-A.
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 12-A.
Remainder of Section — No change .
Amend Sec . 24-3-60 . - Final plat processing and review procedure.
Any person wanting to apply for a minor subdivision final plat review shall arrange for a
preapplication conference with the Department of Planning Services . The Department of Planning
Services shall be responsible for processing all minor subdivision final plat applications in the
unincorporated areas of the County . The Planner shall also have the responsibility of ensuring
that all application submittal requirements are met prior to processing the application . Once a
complete application is submitted :
A . through P . — No change .
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 12-A .
Remainder of Section — No change .
Amend Sec . 24-4-40 . Final plat.
An applicant shall submit a complete major subdivision final plat application with the required
number of application copies and application fee to the Planner. The required number of
application copies shall be determined by the Planner. The following information shall be
submitted as part of a final plat application .
A . through B . — No change .
C . On separate sheets attached to the final plat application form , the following information
is required :
1 . through 17 . — No change .
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 12-A .
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 12-A.
Remainder of Section — No change .
Amend Sec . 24-4-50 . Final plat processing and review procedure.
A . through J . — No change .
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 12-A .
Remainder of Section — No change .
Amend 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 12-A .
Amend 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 :
1 . through 3 . — No change .
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 Weld County Engineering and
Construction Criteria document shown in Appendix 12-A . Sight distance triangles shall
be provided at all intersections .
Remainder of Section — No change .
Amend Sec . 24-8-40. Exemption standards .
An exemption application shall comply with all of the following standards :
A . through B . — No change .
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 12 , Article V 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 .
Remainder of Section — No change .
Amend Sec . 24-8-50 . Submittal requirements.
The following information shall be completed and submitted to the Department of Planning
Services as part of the exemption application :
A . through H . — No change .
I . A Weld County Access Permit.
Remainder of Section — No change .
Amend Sec . 24-9-20 . Improvements agreement.
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 12-A .
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 .
1 . and 2 . — No change .
4
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 12-A.
Remainder of Section — No change .
CHAPTER 26
REGIONAL URBANIZATION AREAS
Amend Sec . 26-2-60. Transportation and circulation requirements.
A . and B . — No change .
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 Weld County Engineering and Construction Criteria document shown in
Appendix 12-A . 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 .
Remainder of Section — No change .
Amend Sec . 26-3-70 . Transportation and circulation regulations.
A. and B . — No change .
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 Weld County Engineering and Construction Criteria
document shown in Appendix 12-A . 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 .
Remainder of Section — No change .
Amend Sec . 26-4-150 . Transportation and circulation .
Within the Dry Creek RUA , it is a goal to create a transportation network serving the Dry
Creek RUA that unifies and coincides with State , County , City and community transportation
systems . The transportation network should be an integrated system of streets , sidewalks , trails
and bikeways that provides for optimal movement of people , bicycles and automobiles within the
community to and from adjacent streets , developments and uses .
A . Intent : As transportation demands increase in the Dry Creek RUA , the need to preserve
the functional integrity and hierarchy of the existing roadways and provide new roadway
capacity will become increasingly important . The purpose of this Section is to provide for
the planning , design , and construction of improvements to new and existing roadway
facilities consistent with Chapters 22 , 23 , 24 , and 27 of this Code . These standards seek
to provide for a certain level of performance for the transportation network serving the
Dry Creek RUA . Consequently , if it can be shown that an alternate design , material or
procedure will provide performance equal to , or better than , the required design , material
or procedure , that alternate may be approved by the Director of Public Works .
a
B . Policies :
1 . and 2 . — No change .
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 Weld
County Engineering and Construction Criteria document shown in Appendix 12-
A. 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 .
Remainder of Section — No change .
Revise all references to lower case " improvements agreement" to be " Improvements
Agreements" with each word capitalized . Additionally, all references to lower case
"access permit" to be "Access Permit" with each word capitalized .
ADD APPENDIX 12-A. SEE ATTACHED .
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be , and hereby is ,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein , to coincide with chapters , articles , divisions , sections , and subsections as they
currently exist within said Code ; and to resolve any inconsistencies regarding capitalization ,
grammar, and numbering or placement of chapters , articles , divisions , sections , and subsections
in said Code .
BE IT FURTHER ORDAINED by the Board , if any section , subsection , paragraph ,
sentence , clause , or phrase of this Ordinance is for any reason held or decided to be
unconstitutional , such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section , subsection , paragraph , sentence , clause , and phrase thereof irrespective
of the fact that any one or more sections , subsections , paragraphs , sentences , clauses , or
phrases might be declared to be unconstitutional or invalid .
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Kelly Ash
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE ,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days) : that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Twenty- Seventh day of May A. D . 2016 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Twenty- Seventh day of May A. D . 2016 that
said The Greeley Tribune has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to ; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3 , 1879 , or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado .
May 27, 2016
Testa Charges : $253 . 80
27th day of May 2016
My Commission Expires 2/ 14/2019
1 otary Public
D4 TRIBUNE Thursday, May 26, 2016
•
NOTICE OF notice to the applicant, along with an explanation of the application's to the violator. The summons and complaint shall require that the t. Any other relevant information about the property as may be
FIRST READING OF ORDINANCE deficiencies. No further processing of the application shall occur until violator appear in court at a definite time and place stated therein to reasonably required by the County to meet the intent and purpose of
the deficiencies are corrected in a future resubmitted application. An answer and defend the charge. One ( 1) copy of said summons and this Chapter.
Pursuant to the Weld County Home Rule Charter, Ordinance Number application which is determined to be incomplete may or may not complaint shall be served upon the violator by the Sheriff's Office in Amend Sec. 23-2-690. PUD District application requirements.
2016-05 published below, was introduced and, on motion duly made retain its same processing cycle. the manner provided by law for the service of a criminal summons. The following completed information. data and maps are required for
and seconded, approved upon first reading on May 2, 2016. A public B. Development Access. The Department of Public Works may One ( 1) copy each shall he retained by the Sheriff's Office and a PUD Change of Zone District.
hearing and second reading is scheduled to be held in the Chambers allow Access Permits to be processed in groups within a common Department of Public Works and one (1) copy shall be.transmitted
of the Board, located within the Weld County Administration Build- development or subdivision to reduce the administrative burden on to the Clerk of the Court. The County may install barriers acro r A. Written Documents.
ing, ( 150 O Street, Greeley. Colorado 30631, on May 23. 2016. All applicants requesting permits concurrently for multiple lots. Such remove any access not conforming to this Article during the paintency I . through 9. -- No change.
persons in any manner interested in the reading of said Ordinance are -development access" is subject to a development review application. of the enforcement action. 10.A description ot'the functional classification, width and structural
requested to attend and may be heard. Please contact the Clerk to the Due to the higher complexity <umd possible impacts, a transportation 3. It is the responsibility of the County Attorney to enforce the provi- capacity of the STREET and highway facilities which provide access
Board's office at phone (970) 336-7215. Extension 4225, or fax (970) impact study may be required to support review and approval of an sions of this Section. In the event the Board of County Commission- to the PUD District. If the street or highway facilities providing
336-7233, prior to the day of the hearing if, as the result of a disahil- Access Permit application for an access serving development. The ers deems it appropriate, the Board of County Commissioners may access to the PUD District are not adequate to meet the requirements
ity, you require reasonable accommodations in order to participate in development review process may require public improvements such appoint the District Attorney to perform such enforcement duties in . of the proposed district, the applicant shall supply information which
this hearing. Any backup material, exhibits or information previously as acceleration and deceleration lanes, exclusive left or right hand lieu of the County Attorney. demonstrates the willingness and financial capability to upgrade the
submitted to the Board of County Commissioners concerning this turn lanes or a traffic signal. 4. Any arresting law enforcement officer shall follow the penalty STREET or highway facilities in conformance with Section 22-3-60
matter may be examined in the office of the Clerk to the Board of assessment procedure provided in Section 16-2-201, C.R.S., for any -- of this Code. This shall be shown by submitting, with the PUD Dis-
County Commissioners, located within the Weld County Administra- Add Sec. (2-5-50. Complex Accesses. violation of this Article. trict application, a separate Improvements Agreement describing the
tion Building. 1150 O Street, Greeley, Colorado. between the hours Accesses with larger impacts or traffic volumes on to the County C. Revocation of Access Permit. Should the applicant or any sub- proposed road improvements and method of guaranteeing installation
of 3:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed roadway network are considered complex accesses. Complex Sequent property owner fail to abide by the terms of any associated of said improvements in conformance with the County policy on
through the Weld County Web Page (www.co.weld.co.us). E-Mail accesses may require additional application materials, agreements, or Improvements Agreement. the Board of County Commissioners may collateral for improvements, as well as in conformance with Section
messages sent to an individual Commissioner may not be included in conditions in advance of'approval. revoke the Access Permit. Such revocation may subject the applicant 12-5-10 et seq., and the Engineering and Construotion Standards in
the case file. To ensure inclusion of your E-Mail correspondence into or any subsequent property owner to the penalties outlined in this Appendix I2-A. The agreement shall be used for the purposes of
the case file. please send a copy to egesickO.co.weld.co.tis• A. Additional application materials required. Accesses with a chapter, or any other enforcement mechanism provided by law. review, evaluation and compliance with this Section. No rezoning
traffic count of greater than 21 round truck trips per day or 50 round D. Equitable Relief in Civil Action in the case of any violation of shall be finally approved by the Board of County Commissioners
ORDINANCE NO. 2016-05 passenger vehicle trips per clay shall require additional application this Article, the County Attorney, in addition to the other remedies until the applicant has submitted an Improvements Agreement or
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND materials to he submitted for review. This may include, but is not
provided by law, ordinance or resolution, may institute an injunction, contract which sets forth the form of improvements and guarantees
REENACTING, WITH AMENDMENTS, CHAPTER 21 ADMINIS- limited to, a traffic impact study and site and/or construction drawings mandamus, abatement or other appropriate action or proceeding to and is approved by the Board of County Commissioners.
TRATION, CHAPTER 12 LICENSES AND PERMITS, CHAPTER to support the Access Permit Application reviewprocess. No Access enjoin, abate or remove such violation. Remainder of Section —No change.
PP prevent, en o
23 ZONING. CHAPTER 24 SUBDIVISIONS AND CHAPTER 26 Permit shall be issued for a complex access without an accompanying E. Civil Penalties. In addition to any of the penalties set forth above.
REGIONAL URBANIZATION AREAS. OF THE WELD COUNTY Improvements and Road Maintenance Agreement that meets the any person, firm or corporation violating any such regulation, Amend Sec. 23-2-730. - PUD Plan application requirements.
CODE specifications in the Engineering and Construction Criteria shown in provision or amendment thereof or any
provision of this Article An applicant may submit an application for a PUD Plan, provided
DATE OF NEXT READING: May 23, 2016, at 9:00 a.m. Appendix t2-A.
may be subject to the imposition, by order of the County Court, that the PUD Plan is located within an existing PUD District. A PUD
BOARD OF COUNTY COMMISSIONERS of a civil penalty in an amount of not less than two hundred fifty Plan may encompass all or part of a PUD District. The uses shall be
B. Roadway improvements. The review process may require public dollars ($250.00) nor more than five hundred dollars ($500.00). It is identical to those located and described on the PUD District Plat. The
WELD COUNTY, COLORADO improvements, such as, acceleration and deceleration lanes. exclusive within the discretion of the County Attorney to determine whether following completed information, data and maps are required unless
DATED: May 6. 2016 left or right-hand turn lanes, or a traffic signal, in accordance with to pursue the civil penalties set forth in this Article, the remedies set waived by the Department of Planning Services.
PUBLISHED: May I I. 2016. in the Greeley Tribune the Weld County Engineering and Construction Criteria, as shown in forth above, or both. Each day after the issuance of the order of the
Appendix 12-A. County Court, during which such unlawful activity continues, shall A. through F. - No,change.
WELD COUNTY be deemed a separate violation and shall, in accordance with the G. An Improvements Agreement According to Policy Regarding Col-
C. Improvements and Road Maintenance Agreement An Improve- subsequent provisions of this Section, be the subject of a continuing lateral for Improvements. This form is provided by the Department
CODE ORDINANCE 2016-05 ments and Road Maintenance Agreement ("Improvements Agree- penalty in an amount not to exceed fifty dollars ($50.00) for each of Planning Services and shall adhere to the procedure as outlined in
ment") may be required as a condition.of granting the Access Permit such day. In no event shall civil penalties, imposed pursuant to this Section 2-3-30 of this Code. The applicant must complete this form to
iN THE MATTER OF REPEALING AND REENACTING, WITH if the application review process requires roadway improvements Subsection, constitute a lien against the real property. show the improvements that the applicant is required to construct and
AMENDMENTS. CHAPTER 2 ADMINISTRATION, CHAPTER 12 or identifies that the traffic entering or exiting the access impact F. inspections. The Department of Public Works or other County de- the type of collateral which will guarantee installation of improve-
LICENSES AND PERMITS. CHAPTER 23 ZONING. CHAPTER County-maintained roadways. Possible mitigations shall be set forth partthents may conduct an inspection of each access that is the subject ments. If street or highway facilities providing access to the property
24 SUBDIVISIONS AND CHAPTER 26 REGIONAL URBANIZA- in the Improvements and Road Maintenance Agreement and may of the Access Permit to ensure fitll compliance with all provisions of were determined adequate at the PUD District application stage
TION AREAS, OF THE WELD COUNTY CODE include, but are not limited to, signal installations, construction of this Article and the terms of the permit.
because the applicant proposed separate ofd site road improvements
acceleration, deceleration, or turn lanes. dust control, specified haul G. Failure to Comply With Requirements of Issued Access Permit. in order to comply with Section 23-2-720 C.5, a separate off-site road
BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- routes, damage repairs. and future roadway improvement triggers, in Failure of the Permit Holder to comply with any of the terms and Improvements Agreement proposal shall be submitted. The off-site
SIONERS OF THE COUNTY OF WELD. STATE OF COLORADO: compliance with the Engineering and Construction Criteria as shown conditions of an issued Access Permit shall be sufficient cause for road improvement proposal shall describe, in detail, the type of off-
in Appendix 12-A. The agreement shall be made in conformance with cancellation of the permit and may result in the removal of the access site road improvements to determine if the requirement for STREET
WHEREAS. the Board of County Commissioners of the County of the County's policy on collateral for improvements. The agreement and its appurtenances by the County at the Permit Holder's expense. or highway facilities will be adequate in functional classification,
Weld, State of Colorado. pursuant to Colorado statute and the Weld shall be approved by the Board. Violation of the Improvements and H. Access Permit Issued Erroneously or Upon Incorrect Information. width and structural capacity to meet the traffic requirements of the
County Home Rule Charter, is vested with the authority of adminis- Road Maintenance Agreement will constitute a violation of the permit Any Access Permit which hatissued in error or on the basis of incor- proposed zone district. The method of guaranteeing the installation
tering the affairs of Weld County. Colorado, and and may subject the applicant to revocation of the permit and/or other rect information supplied by the Permit Holder, shall be considered of off-site road improvements shall be described as part of the agree-
enforcement. void. In the event an Access Permit is void. no refimd of permit fees menu. The method of guarantee shall conform with the COUNTY's
shall be made unless the Access Permit was issued in error by the policy regarding Collateral for Improvements. Prior to approval
WHEREAS, the Board of County Commissioners, on December 28. Amend Sec. 12-5-60. Application review. Access Permit issuance, Department of Public Works. of any PUD, the applicant shall demonstrate a completed Access
2000. adopted Weld County Code Ordinance 2000-1, enacting a com- and permit limitations. i. Notice Regarding Illegal Access. For an illegal access, the property Permit, pursuant to Section 12-5-10 et seq., including any required
prehensive Code for the County of Weld, including the codification of A. Review Process. The application and data tiled by an applicant owner shall be sent written notice of any illegal access location or Improvements Agreement.
all previously adopted ordinances of a general and permanent nature for an Access Permit shall be reviewed by the Department of Public use. The owner shall be given sixty (60) days notification of pending Remainder of Section— No change.
enacted on or before said date of adoption, and Works. The application may also be reviewed by other departments actions, after which the County may install bathers across, or remove, Amend Sec. 23-4-460. Zoning Permit for Wind Generator permit
or agencies to verify compliance with any applicable laws and codes. any access not conforming to this Article. Any access, driveway or application requirements.
WHEREAS, the Weld County Code is in need of revision and clarifi- If the Department of Public Works finds that the work described in curb-cut being constructed within County right-of-way without an An application for a Zoning Permit for a WIND GENERATOR shall
cation with regard to procedures. terms, and requirements therein, the application for an Access Permit conforms to the policies and approved Access Permit shall be required to stop work immediately include the following:
requirements set forth in this Article, meets the requirements defined and apply for an Access Permit. If the permit is approved, work
NOW, THEREFORE, BE IT ORDAINED by the Board of County in the Weld County Engineering and Construction Criteria, as shown may continue subject to the conditions of the permit If the permit A. through G. -No change.
Commissioners of the County of Weld, State of Colorado. that certain in Appendix 12-A or other pertinent laws, regulations or ordinances. is denied, any work that has been completed must be removed and H. Weld County Access Permit.
existing Chapters of the Weld County Code he, and hereby are, and that all required fees have been paid. an Access Permit shall be the road and drainage facilities returned to pre-existing conditions Remainder of Section —No change.
repealed and re-enacted, with amendments. and the various Chapters issued to the applicant. Criteria upon which the Access Permit shall acceptable to-the Department of Public Works, upon completion Amend Sec. 23-4-520. Application requirements for temporary
are revised to read as follows. he considered to include. but not limited to. the following: of any appeal or the time for appeal pursuant to the provisions of seasonal use permit.
1. Safety. The access must not create a safety hazard to the travelling Section 12-2-100 below. The following supporting documentation shall be submitted as a part
CHAPTER 2 ublic. of the application:
ADMINISTRATION 2_ Constructability. The access must be able to be built according to ZONINGR 23
general construction practices. A. through E. — No change.
Amend Sec. 2-3-30. Collateral for improvements. B. Changes in Approved Permit. An approved permit shall not be Amend Sec. 23-2-30. Duties of Planning Commission. F. A completed Weld County Access Permit provided by the Depart-
A. General Requirements for Collateral: changed, modified or altered without written authorization from the A.1. through 3.- No change. ment of Planning Services.
Department of Public Works.All work shall be done in conformance Remainder of Section — No change.
1 . This policy shall be applied to all applications for with the approved permit_ 4. That STREET or highway facilities providing access to the proper- Amend Sec. 23-4-600. Permit requirements.
Subdivisions, Planned Unit Developments, Final Plats. Uses by Spe- C. Permit Limitations. An approved Access Permit requires the ty are adequate in size to meet the requirements of the proposed zone No second SINGLE-FAMILY DWELLING.on a LEGAL LOT in the
cial Review (USR) and Access Permits for which an Improvements Permit Holder to meet the specifications and general engineering district This will include updating and obtaining•any new Access Per- A (Agricultural) Zone District shall be allowed without first receiving
Agreement is required. If this policy has not been applied to an standards of the Weld County Engineering and Construction Criteria, mits, as required. The Access Permit may require an Improvements an approved zoning permit as required by this Division. The intent
application, the policy shall not be applied to a request for complete as shown in Appendix I2-A when working on the permitted access. Agreement. which shall be in conformance with the Engineering of allowing a second SINGLE-FAMILY DWELLING on a LEGAL
releases of collateral, and the procedures for release of collateral shall The Department of Public Works shall be responsible for ensuring Standards in Appendix 12-A. In the event that the STREET or high- LOT in the A (Agricultural) Zone District is to provide for family
he as set forth in the Improvements Agreement. compliance with such specifications and standards. way facilities are not properly sized and are planned to be properly and caregivers to dwell on the same LEGAL LOT An application
Amend Sec. 12-5-70_ County authority. sized in the future, in conformance with the Thoroughfare Plan or for any zoning permit for a second SINGLE-FAMILY DWELLING
2. the County requires applicants to provide a collateral Notwithstanding the issuance of any Access Permit or the construe- in conformance with the MASTER PLANS of affected municipal- on a LEGAL LOT in the A (Agricultural) Zone District shall include
to guaranty all of their obligations under the associated Improvements tion of any access. Weld County reserves the right to make any ities, the applicant may either wait to secure the rezoning until the the following:
Agreement in the following forms: (I) Project Collateral for comple- changes. additions, repairs or relocation of any part of an access improvements are made by the appropriate unit of government or A. through N. — No change.
tion of all improvement described in the Improvements Agreement within the road right-of-way at any time, including, but not limited to. the applicant may express a willingness to upgrade the STREET O. A Weld County Access Permit.
may be provided separately for on-site improvements and off-site in connection with the relocation. reconstruction, widening and main- or highway facilities at or her own expenseIn order to expedite Remainder of Section - No change.
improvements; (2) Warranty Collateral required for all improvements taming of the road or right-of-way. without compensating the owner approval of the requested(Mange of Zone. In the latter event, it will Amend Sec. 23-4-870. Zoning Permit for Telecommunication Amen-
during the warranty phase; and (3) Road Maintenance Collateral (if of the access for the damages to or destruction of the access. be necessary for the apps11cruut to either construct the necessary im- na Tower permit application requirements.
applicable) to he kept in place for the life of the permit. Add Sec. 12-5-80. Access control. pruvements before the building permits are issued, or submit suitable An application for a Zoning Permit for a TELECOMMUNICATION
A. Access Operational Movements. When a safety concern is present performance guarantees to the County to ensure construction of the ANTENNA TOWER shall include the following:
3. The value of Project Collateral submitted to the Coun- at an existing or proposed access, Weld County may restrict or required STREET or highway facility improvements.
oq ghtva
ty must be equivalent to one hundred percent (100%) of the value of modify the type of access operation to ensure traffic safety movement A. through R No change.
the improvements identified on the accepted Construction Plans or at the access. Remainder of Section - No change. G. Weld County Access Permit
USR Plat Map and further enumerated in the improvements Agree- Remainder of Section — No change.
vent. Prior to the Access Permit or Final Plat approval, the applicant 1 . Full Movement Access. All potential movements for Amend Sec. 23-2-40. Duties of Board of County Commissioners. Amend Sec. 23-4-910. Semi-trailer as accessory storage permit
;hall indicate which of the three (3) types of collateral he or she pre- the access are allowed. A.i through 8.3. - No change. requirements.
'ers to secure the improvements subject to final approval by the Board
An application for a Zoning Permit fora Semi=Trailer as Accessory
7f County Commissioners (hereinafter referred to as the "Board") and 2. three-Quarter Access. All movements allowed except 4. That STREET or highway facilities providing access to the prop- Storage shall include the following:
he executioh of an Improvements Agreement. Acceptable collateral a left turn out of the access. city are adequate in size to meet the requirements of the proposed
:hall be submitted either upon execution of the Improvements Agree- zone district. In the event that the STREET or highway facilities are A. through G. — No change.
nent or as set forth in the Improvements Agreement. if acceptable 1, Right-in/Right-out Access. Only right turn in and right not properly sized and are planned to be properly sized in the future. H. Weld County Access Permit.
:ollateral is not submitted at the time required. expires prematurely or turn out movements are allowed. in conformance with the Thoroughfare Plan or in conformance with Remainder of Section — No change.
recomes unacceptable pursuant to the terms of Paragraph 4. below. the MASTER PLAN of affected municipalities, the applicant may Amend Sec. 23-4-960. Commercial vehicle permit requirements.
end is not timely replaced, then the Access Permit or Final Plat B. Access Control Techniques. A reduction in accesses will improve either wait to secure the rezoning until the improvements are made An application for any Zoning Permit for a Commercial Vehicle
.pproval and all preliminary approvals shall automatically expire. traffic flow. operations, and safety of county roads. In an effort to re- by the appropriate unit of government or the applicant may express required by this Division shall include the following:
an applicant may request that the Board extend the Access Permit or duce the number of existing access points, applicants may be required a willingness to upgrade the STREET or highway facilities at his or
'inal Plat approval, provided that the cost estimates are updated and to implement the following strategies to reduce conflicts and maintain her own expense in order to secure approval of the requested Change A. through IL - No change.
he development plans are revised to comply with all current County adequate access to all properties. of Zone. In the latter event it will he necessary for the applicant E. A sketch ,
tandards, policies and regulations. Unless otherwise set forth in the plan of the site at the scale of one (i ) inch represents
to either construct the necessary improvements before building twenty t?0) feet or other suitable scale to show:
mprovements Agreement. the improvements shalt be completed I . Elintinatum. :\pplicants may he required to eliminate permits are issued, or submit suitable performance guarantees to 1 . The proposed location of the commercial vehicle, including
4
0
.-uq'-c -.,. „I .uv uvCUu vi. '.-"- ) •-/U11111114.010.11....13 twtu ul6 dpplcant G. Hccess to oe uwuzea by me commercial vehicletnciicatmg whether
at least thirty (30) days prior to its expiration and further provides as shown in Appendix I 2-A, if applicable has submitted an Improvements Agreement or contract approved the access is existing or proposed.
updated cost estimates for the remaining improvements and collateral by the Board of County Commissioners which sets forth the form 3. Location and measurements of any easements or rights-of-way.
is provided in the amount of one hundred percent (100%) of the value 2. Relocation. Applicants may be required to move or of improvements guarantees. Any such agreement or contract shall 4. Weld County Access Permit.
of the improvements remaining to be completed. If improvements are relocate existing accesses to a new location to either align with other be made in conformance with the COUNTY policy on collateral for 5. Identification of any county, state or federal roads or highways.
not completed and the agreement is not renewed within these time accesses or to meet spacing requirements, if applicable. improvements. Approval of the Improvements Agreement will be a 6. Existing STRUCTURES on the property. '
frames, the Board, at its discretion, may make demand on all or a condition of obtaining an Access Permit, pursuant to Section 12-5-10 Remainder of Section - No change.
portion of the collateral and take steps to see that the improvements 3. Consolidation. Applicants may be required to consol- et seq., and the Improvements Agreement shall meet the requirements Amend Sec. 23-4-990. Home Occupation - Class II permit require-
are made. idate multiple accesses into a single access for accesses that are less of Appendix l2-A. ments.
than 150 feet apart. if applicable. Remainder of Section —No change. A. Intent. A HOME OCCUPATION - CLASS 1I Zoning Permit
Remainder of Section - No change. Amend Sec. 23-2-50. Application requirements for Change of Zone. shall be obtained for any HOME OCCUPATION falling within the
4. Shared Access. Applicants may be required to A. through E.7. - No chango definition of a CLASS II operation.
Amend Sec. 2-13-50. Approved access. coordinate with neighboring property owners to consolidate existing 8. If STREET or highway facilities which provide access to the
The term approved access shall mean an Access Permit has been accesses into shared accesses, whenever feasible. property are not adequate to meet the requirements of the proposed B. Application requirements. An application for any zoning permit
approved and issued by the Department of Public Works. This process nine district, the applicant shall supply information which demon- for a HOME OCCUPATION required by this Division shall include
Is described in Chapter 11, Article S ot'this Code. Amend Sec. 12-5-90. Permit holder's general responsibilities. strates willingness and financial capability to upgrade the STREET the following:
A Permit Holder is responsible for the following items: Additional or highway facilities in conformance with the Thoroughfare Plan and 1. Name, address and telephone number of the applicant
Amend Sec. 2-13-60. Application requirements for issuance of requirements and more detailed information are shown in the special thereby meet the requirements of Section 23-2-40 B.4 of this Chapter. 2. Name, address and telephone number of the owner of the land if
address. provisions of the Access Permit. This shall•be shown by an Improvements Agreement or contract- different from Paragraph]. above.
A. Utility Locates. The Permit Holder shall be responsible for guaranteeing installation of improvements by the applicant made in 3. Evidence of interest in the subject land held by the applicant, such
The following information shall be submitted on, or attached to, an contacting the Utility Notification Center of Colorado (81 1) fbr utility conformance with the County policy on collateral for improvements. as a deed; lease agreement or similar evidence.
application form which shall be obtained from the Department of locates at least 72 hours in advance of the access construction, if Approval of the Improvements Agreement will be a condition of 4. A copy of a deed or legal instrument identifying the applicant's
Planning Services: excavation is required. obtaining an Access Permit, pursuant to Section 12-5-10 et seq., interest in the property under consideration.
A. Name and address of the applicant. B. Traffic Control. Access construction activities shall not interfere and the Improvements Agreement shall meet the requirements of 5. Number of acres of the-property.
B. Proof of ownership and legal description of the legal lot for which with traffic on County roadways. ff interference with traffic is Appendix 12-A. 6. A sketch plan of the site at the scale of one (1) inch represents
the address is being requested. required, a traffic control plan shall be submitted to, and approved by, twenty (20) feet, or other suitable scale, to show:
C. Depiction of access to the legal lot, consisting of an approved the Department of Public Works as part of the permit application. All Remainder of Section— No change. a. The proposed location of the commercial vehicle (if applicable),
Weld County Access Permit and, if appropriate, a copy of a recorded traffic control shall conform to the most current version of the Manual including distances from the property LOT lines and other STRUC-
plat approved through the processes described in Chapter 23, 24 or on Uniform Traffic Control Devices standards, which is available for Amend Sec. 23-2-160. Application requirements for site plan review. TURES on the property.
27 of this Code. review at the Department of Public Works. Any person wanting to apply for a Site Plan Review shall arrange b. Access to be utilized by the commercial vehicle (if applicable)
CHAPTER 12 C. Drainage Interference. A Permit Holder shall not obstruct the for a preapplication conference with the Department of Planning indicating whether the access is existing or proposed.
LICENSES AND PERMITS natural free and clear passage of water along the roadside ditch flow Services. The purpose of the application is to give the applicant an c. Location and measurements of any easements or rights-of-way.
ARTICLE V lines or other waterways. If surface drainage is to be affected, the opportunity to demonstrate, through written and graphic information, d. A Weld County Access Permit.
Road Access Policy Permit Holder is responsible for the proper disposition of the runoff. how the proposal complies with the standards of this Chapter. The e. Identification of any County, state or federal roads or highways.
See Section 8-3-10 of this Code. following supporting documents.shall be submitted as a part of the f. Existing STRUCTURES on the property.
Amend Sec. 12-5-10. General. D. Tracking control. Commercial, industrial'or high traffic volume application: g. The STRUCTURES in which the HOME OCCUPATION shall be
This Article is established for the safe and efficient movement of accesses shalt be maintained to mitigate impacts to the public road, A. through G. - No change. operated within shall be appropriately labeled. The total area of use
traffic while allowing reasonable access to properties. It is necessary including damages and/or offsite tracking of mud or other materials. H. A completed County Road Access Information Sheet provided by shall also be delineated.
to protect the public health, safety and welfare, to maintain conven- . Use-by-right agricultural accesses are exempt. Tracking control is the Department of Planning Services. The applicant will be required 7. through 12. — No change.
tional traffic flow, to maintain unobstructed roadside drainage and to required to prevent tracking from the site onto public roadways. The to submit a completed Access Permit and Improvements Agreement, 13. A Weld County Access Permit.
protect the functional level of County roadways. This Article shall property owner may be held financially responsible for•damage to where applicable, prior to approval of a Site Plan Review (SPR). 14. A Statement of Taxes from the County Treasurer showing no
apply to all accesses onto roads located within the unincorporated the roadway resulting from inadequate tracking control. All tracking Such Access Permit shall be in conformance with Section 12-5-h0 delinquent taxes for the area referred to in the application materials.
area of Weld County, including accesses from municipalities or other control devices and designs should be in accordance with the Weld et seq. 15. Questionnaire.
counties, which may exist as of the effective date of this Article or are County Engineering and Construction Criteria, as shown in Appendix I. through R. -No change. Remainder of Section— No change.
new after that date. 12-A. S. A statement explaining how acceleration/deceleration lanes, CHAPTER 24
when required by the Department of Public Works or the Colorado SUBDIVISION
Amend Sec. 12-5-20. Purpose. • E. Restoration and Clean-up. The Permit Holder shall assume all Department of Transportation, will provide safe, efficient access to
Land use, natural resources recovery, general utilities and develop- responsibility for removing all debris associated with the access con- ARTERIAL or COLLECTOR STREETS, and are in compliance with Amend Sec. 24-1-40. Definitions.
ment have impacts on County roads. This Article recognizes that the struction activities and restoring the County roadway to pre-existing the engineering requirements in Appendix 12-A. For the purposes of this Chapter, the following words and phrases
efficiency and safety of County roads depends, to a large extent, upon conditions. The Permit Holder, upon notification from the Department T. A statement explaining that the trash collection areas or facilities shall have the meanings stated in this Section:
minimizing roadside interference and its detrimental effect.upon the of Public Works, shall correct all work within forty-five (45) days. are located, designed and USED in a manner that shall meet the Improvements Agreement: One (I) or more security arrangements
movement of traffic. This Article describes the minimum require- If the Permit Holder fails to restore the right-of-way in the manner requi.rements.of the zone district. which may be accepted by the Board of County Commissioners
ments for the design, construction and maintenance of accesses onto and to the condition required by the Department of Public Works, the U. A statement explaining that the USE is compatible with the to secure the construction of off-site public improvements or im-
Weld County roads. County shall perform the restorations at the Permit Holder's expense. existing or future development of the surrounding areas as permitted provements within the proposed subdivision development Any such
F. Closure or Elimination of access. When an access is closed, aban- by the existing zoning and with the future development of the area agreement or contract:steal) be made in conformance with the County
Amend Sec. 12-5-30. Regulation of access onto County roadways. doned or eliminated the Permit Holder shall assume all responsibility as projected by the Comprehensive Plan or Master Plan of affected administrative policy on collateral for improvements, as well as in
A. No net increase. Each parcel shall be allowed one access.point for any activities related to the closure/elimination and reclamation of municipalities and any Intergovernmental•Agreement. Such USE conformance with Section 12-5-10 et seq., and the Engineering and
for safe ingress and egress, which may be an existing or new shared access points stipulated to be removed. in the event the issuance of shall adhere to the following operation standards, to the extent that Construction Standards in Appendix l2-A.
access. Each parcel shall be limited to this single access, except an Access Permit requires an existing access point to be "closed and they are affected by location, layout and design prior to construction Remainder of Section - No change.
as modified by the Board of County Commissioners; as a result of reclaimed" it shall be completed by the stipulated date on the permit. and operation. Once operational; the operation shall conform to the
zoning requirements; consideration in land use applications; safety Closure and reclamation activities may include, but are not limited to, standards listed below: Amend Sec. 24-3-50. - Final plat.
considerations; subdivision regulations; or the inability to meet min- reestablishing the profile of the burrow ditch, removing any gates in 1. through 7. — No change. • An applicant shall submit a complete minor subdivision final plat
imum requirements as outlined in the Weld County Engineering and the fencing,adjacent to the maintained right-of-way, and attempting 8. Any off-site and on-site Improvements Agreement shall be made application with the required number of application copies and appli-
Construction Criteria document shown in Appendix 12-A. to reseed the affected area located in the right-of-way with natural itconformance with the COUNTY policy on collateral for improve- cation fee to the Planner. The required number of application copies
B. Access Permit Required. Any person constructing a new access vegetation to the satisfaction of the Department of Public Works. mints, as well as in conformance with Section 12-5-10 et seq., and shall be determined by the Planner. The following information shall
onto a maintained County road, or reconstructing, paving, altering, Amend Sec. 12-5-100. Administrative fee. the Engineering and Construction Standards in Appendix 12-A. be submitted as part of a minor subdivision final plat application:
enlarging or changing the use of any existing access onto a Coun- An Access Permit fee shall be paid, in full, at the time of the Access V. through CC. —No &range. A. through O. —No change.
ty-maintained road, must first be issued an Access Permit by the Permit application. The tee for an Access Permit shall be determined DD. If applicable, an Improvements Agreement executed by the P.A proposed subdivision Improvements Agreement executed by the
Department of Public Works. No such work shall.commence prior to by resolution or ordinance of the Board of County Commissioners applicant. This Agreement shall be in accordance with the County applicant on forms provided by the Planner. The agreement shall be
the issuance of an Access Permit. and shall be shown on the Access Permit application. policy and documents for collateral for improvements, as well as in made in accordance with the County policy on collateral for improve-
C. Issuance of Access Permit. Access Permits shall be issued only in conformance with Section 12-5-10 et seq., and the Engineering and ments, as well as in conformance with Section 12-5-10 et seq., and
compliance with the rules and regulations set forth in this Article. In Add Sec.12-5- 110. Variance from specific Access Permit require- Construction Standards in Appendix 12-A. the Engineering and Construction Standards in Appendix 12-A.
no event shall an access be allowed, or permitted, if it is detrimental ments. Amend Sec. 23-2-200. Intent and applicability. Q. If applicable, a proposed off-site road Improvements Agreement
to the public health, welfare, and safety. An applicant may request a variance from specific requirements set A. through E. — No change. executed by the applicant. The agreement shall be made in accor-
D. Emergency Access Allowed. Police, fire, ambulance and other forth in this Article. The Department of Public Works will consider dance with Section 24-9-20 of this Chapter, as well as in conformance
emergency providers may have direct access to County roadways if requests for variances on a case-by-case basis. Requests for variances F. The applicant or owner shall submit an Improvements Agreement with Section 12-5-10 et seq., and the Engineering and Construction
no other access is permitted. should be submitted in a written letter addressing a hardship or agreeing to construct the required improvements, as shown in the Standards in Appendix 12-A. '
E. Additional Access. If a new access is requested to a legal parcel justification for the variance. Requests will be reviewed and acted application, plans and other supporting documents. The agreement Remainder of Section - No change.
where an existing access already exists, the additional access shall upon by the Traffic Engineer to ensure they will adequately protect shall be made in conformance with the County policy on collateral for Amend Sec. 24-3-60. - Final plat processing and review procedure.
not be approved unless the denial of the new access creates undue public health, safety, and welfare. Public Works will respond with an improvements. The agreement shall be approved by the Board prior .Any person wanting to apply for a minor subdivision final plat review
hardship on the property owner, as determined by the Department of approval or denial within thirty (30) days of receipt. to recording the final exhibit or plat, if applicable. Approval of the shall arrange for a preapplication conference with the Department of
Public Works. Whenever multiple accesses tp a single legal parcel Improvements Agreement will be a condition of obtaining an Access Planning Services. The Department of Planning Services shall be re-
exist, and additional accesses are requested, one (1) or more existing Add Sec. 12-5-120.' Appeal of denial of Access-Permit. Permit, pursuant to Section 12-5-10 et seq., and the Improvements sponsible for processing all minor subdivision final plat applications
accesses must be removed,'minimizing new accesses and utilizing If an application for an Access Permit is denied by the Department of Agreement shall meet the requirements of Appendix 12-A. in the unincorporated areas of the County. The Planner shall also have
existing accesses. Public Works, or the applicant objects to any of the terms or condi- Remainder of Section —No change. the responsibility of ensuring that all application submittal require-
F. Access Permit a Condition of Building Permit. When a new access tions of a permit thereby placed by the Department, the applicant has Amend Sec. 23-2-250. Operation standards. merits are met prior to processing the application. Once a complete
is to be constructed in conjunction with the construction of a new the right to appeal the decision to the Board of County Commission- An applicant for a Special Review Permit shall demonstrate confor- application is submitted:
principal structure, the issuance of an Access Permit shall be a condi- ers, in writing, utilizing the appeal procedures set forth in Section mance with the following operation standards in the Special Review A. through P. — No change.
tion for obtaining a Building Permit for such construction. 2-4-10 of this Code. Permit application to the extent that the standards affect location, Q. No minor subdivision final plat shall be considered approved and
G. Change of Use. When there is a change in the classification or layout and design of the Use by Special Review prior to construction eligible for recording until the Board of County Commissioners has
type of traffic using an access or an increased amount of traffic using Amend Sec. 12-5-130. Enforcement, and operation. Once operational, the operation of the USES permitted approved a subdivision Improvements Agreement, pursuant to Sec-
an access, a new Access Permit shall be required as a condition A. Violations and Penalties. The County, through the Department of shall conform to these standards. tion 12-5-10 et seq., and the Engineering and Construction Standards
of the change in use. An Improvements and Road Maintenance Public Works or other departments so authorized, may enforce this in Appendix 12-A..
Agreement may be required as a condition of the Access Permit, Article through methods included in this Article, or through other A. through F. - No change. Remainder of Section —No change.
where applicable. methods adopted by the Board of County Commissioners. G. Any off-site and on-site Improvements Agreement shall be made Amend Sec. 24-4-40. Final plat.
H. Access permit a condition of a land use case. When a new or B. Criminal Penalties. in conformance with the County policy on collateral for improve- An applicant shall submit a complete major subdivision final plat
sxisting access is to be utilized in conjunction with a land use case, I. It is unlawful to construct a new access onto a County road, or re- ments, as well as in conformance with Section 12-5-10 et seq., and application with the required number of application copies and appli-
he issuance of an Access Permit shall be a condition for obtaining construct, pave, alter, enlarge or change the use of any existing access the Engineering and Construction Standards in Appendix 12-A. cation fee to the Planner. The required number of application copies
ipproval. The granting of the Access Permit may be conditioned onto a County-maintained road unless an Access Permit is first issued. Amend Sec. 23-2-260. Application requirements. shall be determined by the Planner. The following information shall
ipon the applicant signing an Improvements and Road Maintenance Any person, firm or corporation violating any provision of this Article A. through E.5. - No change. be submitted as part of a final plat application.
4greement, if applicable. A"land use case" may include, but not be is guilty of a Class 2 petty offense, which, upon conviction thereof, A. through B. - No change.
imited to, applications seeking approval for use of a property under shall be punishable by a fine of three hundred dollars ($300.00) or by 6 If applicable, an Improvements Agreement executed by the C. On separate sheets attached to the final plat application form, the
he processes listed in Chapter 23 of this Code, division of properties, imprisonment in the County jail for not more than ten (10) days, or applicant This agreement shall be in accordance with the County following information is required:
ursuant to the procedures found in Chapter 24 of this Code, or by both such fine and imprisonment, for each separate violation. Each policy and documents for collateral for improvements, as well as in 1. through 17. - No change.
'fanned Unit Development through processes detailed in Chapters 23 day during which such work on an illegal access continues shall be conformance with Section 12-5-14 et seq., and the Engineering and 18. A proposed subdivision Improvements Agreement executed by
and 27 of this Code. deemed a separate offense. Construction Standards in Appendix 12-A. the applicant. The agreement forms are provided by the Planner. The
2. Whenever the Department of Public Works, through one (1) of its Remainder of Section — No change. agreement shall be made in accordance with the County policy on
.mend Sec. 12-5-40. Access Permit application. employees, has personal knowledge of any violation of this Article, Amend Sec. 23-2-285. Minor amendments. collateral for improvements, as well as in conformance with Section
k. Complete Application Required. Applicants shall file a complete it shall give written notice to the violator to correct such violation A. through K.. — No change. 12-5-10 et seq., and the Engineering and Construction Standards in
application for an Access Permit. An application shall be considered within sixty (60) days after the date of such notice. Should the Appendix 12-A.
omplete if it is submitted'on the required form, includes all violator fail to correct the violation within such sixty-day period, the L. Site Specific Development Plan and Use By Special Review (USR)
nandatory information, including all supporting materials and is Department of Public Works may request that the Sheriff's Office Map Requirements:
ccompanied by the applicable fee. If an application is determined to issue a summons and complaint to the violator, stating the nature-of 1 . through 2.r. — No changes.
'e incomplete, the Department of Public Works shall provide written the violation with sufficient particularity to give notice of said charge s. Access Permit.
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