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HomeMy WebLinkAbout20151831.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-11 was introduced on first reading on June 22, 2015, and a public hearing and second reading was held on July 13, 2015. A public hearing and final reading was completed on August 3, 2015, 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. 2015-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE EFFECTIVE DATE: August 17, 2015 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 7, 2015 PUBLISHED: August 12, 2015, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE 2015-11 ON FINAL READING Amend Section 23-12-30.F to read as follows: F. Exceptions to stormwater detention shall not jeopardize the public health, safety, and welfare of public and private property and shall be limited to the following: Amend Section 23-12-30.F.1.m and n to read as follows: m. A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is allowed a onetime exception for a new 1,000 sq ft building or equivalent imperviousness. n. A parcel greater than 5 gross acres in size is allowed a onetime exception for a new 2,000 sq ft building or equivalent imperviousness. ad/5 /13/ Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Kiara K.Garrett of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, NOTICE OF FINAL READING OF ORDINANCE that the same is a daily newspaper of general Pursuant to the Weld County Home Rule Charter,Ordinance circulation and printed and published in the City of Number 2015-11 was introduced on first reading on June 22, 2015,and a public hearing and second reading was held on July Greeley, in said county and state; that the notice or 13,2015. A public hearing and final reading was completed on August 3,2015,with changes being made as listed below,and advertisement, of which the annexed is a true copy, on motion duly made and seconded,was adopted. Effective' has beenpublished in said daily newspaper for date of said Ordinance is listed below. Any backup material,ex- hibits or information previously submitted to the Board of County consecutive(days):that the notice was published in Commissioners-concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners,locat- ed within the Weld County Administration Building,1150 O Street,Greeley,Colorado,between the hours of 8:00 a.m.and newspaper during the period and time of 5:00 p.m.,Monday thru Friday,or may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messag- es sent to an'individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence proper and not in a supplement thereof; that the into the case file,please send a copy to egesick@co.weid.co.us. first publication of said notice was contained in the ORDINANCE TITLE: IN THE MATTER OF REPEALING AND Twelfth day of August A.D. 2015 and the last ORDINANCE 21N-11 REENACTING.WITH AMENDMENTS,CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING,OF THE WELD CdUN- publication thereof: in the issue of said newspaper TY CODE EFFECTIVE DATE: August 17,2015 bearing the date of the BOARD OF COUNTY COMMISSIONERS Twelfth day of August A.D. 2015 that said The WELD : August 2015 Greeley Tribune has been published continuously DATED: August 7,2D15 PUBLISHED: August 12,2015.in the Greeley Tribune and uninterruptedly during the period of at least six CHANGES MADE TO CODE ORDINANCE 2015-11 ON FINAL months next prior to the first issue thereof READING contained said notice or advertisement above Amend Section 23-12-30.F to read as follows: referred to; that said newspaper has been admitted F. Exceptions to stormwater detention shall not jeopardize the public health,safety,and welfare of public and private property to the United States mails as second-class matter and shall be limited to the following: Amend Section 23-12-30.F.1.m and n to read as follows: under the provisions of the Act of March 3, 1879, m.A parcel greater than 1 gross acre and less than,or equal to, or any amendments thereof; and that said 5 gross acres in size is allowed a onetime exception for a new 1,000 sq ft building or equivalent imperviousness. newspaper is a daily newspaper duly qualified for n.A parcel greater than 5 gross acres in size is allowed a one- publishing legal notices and advertisements within time exception for a new 2.000 sq ft building or equivalent imper- viousness. the meaning of the laws of the State of Colorado. The Tribune August 12,2015 August 12,2015 Total Charges: $12.11 k.„ 12th day of August 2015 My Commission Expires 6/14/17 d'eal Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14,2017Y NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-11 was introduced on first reading on June 22, 2015, and a public hearing and second reading was held on July 13, 2015, 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 August 3, 2015. 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. 2015-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: August 3, 2015, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 17, 2015 PUBLISHED: July 22, 2015, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE 2015-11 ON SECOND READING Amend Section 23-12-30.D to read as follows: D. The Policy of Weld County is to require detention of runoff from the 1-hour, 100-year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1-hour, 5-year storm falling on the undeveloped site for URBANIZING areas and the historic runoff rate of the 1-hour, 10-year storm falling on the undeveloped site for NON-URBANIZING areas. Historic is defined as an undeveloped site with a 2.0% imperviousness. If the urbanizing jurisdiction has adopted a different historic runoff rate 020/ /Ye/ than that stated in this subsection, then the urbanizing jurisdiction runoff rate shall apply. Amend Section 23-12-30.F to read as follows: F. Exceptions. 1. No stormwater detention will be required for sites that meet any of the following conditions. Requirements of the Municipal Separate Storm Sewer System (MS4) areas remain applicable. a. Use by Right or Accessory Use in the A (Agricultural) Zone District. b. Zoning Permits in the A (Agricultural) Zone District. c. A second dwelling permit in the A (Agricultural) Zone District. d. Towers including, but not limited to, cell, wind, and telecommunication towers. e. Pipelines or transmission lines. f. Gravel pits if the stormwater drains into the gravel pit. g. Residential developments where all the following conditions exist: 1. Nine (9) lots or fewer. • 2. The average lot size is equal to, or greater than, three (3) acres per lot. 3. Downstream roadway criteria are not exceeded. 4. The total post-development imperviousness for the rural residential development does not exceed ten percent (10%), assuming that all internal roads and driveways are paved, or will eventually be paved. h. Development of sites where the change of use does not increase the imperviousness of the site. i. URBANIZING areas where the total project stormwater runoff of less than, or equal to, 5 cubic feet per second (cfs) for the 1-hour, 100-year, storm event. j. NON-URBANIZING areas where the total project stormwater runoff of less than, or equal to, 10 cfs for the 1-hour, 100-year, storm event. k. Parcels with total area less than, or equal to, a 1.0 gross acre. I. Individual parcel with an unobstructed flow path and no other parcel(s) between the Federal Emergency Management Administration (FEMA) regulatory floodplain channel and the project. m. A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is allowed a onetime exception for a 1,000 sq ft building or equivalent imperviousness. n. A parcel greater than 5 gross acres in size is allowed a onetime exception for a 2,000 sq ft building or equivalent imperviousness. o. Approved by a variance. oub- Amend Section 23-12-90.A.3 to read as follows: 3. Off-site flows can be routed as follows: a. Over the spillway; or b. Routed around the site. Amend Section 23-12-150 to read as follows: The following variance procedures are intended to allow additional exceptions to the code explicitly listed in Section 23-12-30 provided certain requirements are met. Subsection A below is intended to be a lower cost option which allows anyone to apply for a variance with or without stamped engineering documentation. Subsection B below is intended to be used when more detailed analysis and engineering support is required. A. An applicant may request a variance for their site when conditions do not meet the drainage exemptions described previously and impacts to the site and offsite properties are insignificant. Requests will be reviewed by the Planning Director or his/her designee. No variance will be considered if it may jeopardize the public health, safety, welfare and public and private property. In order to be granted, the variance request must: 1. Demonstrate that granting of the variance will still adequately protect public health, safety, and general welfare. 2. Demonstrate there are no adverse impacts, from stormwater runoff, to the public rights of way and/or offsite properties as a result of the project. Any engineer's supporting documentation or analysis has to be signed and stamped by a licensed PE in the state of Colorado. If the applicant's variance request is denied for not satisfying the above criteria and in the sole discretion of the planning director or his or her designee, the applicant has the option to follow the variance request in Subsection B below or appeal the denial to the Board of Adjustment. B. The applicant's engineer may request a variance. The variance request shall be stamped and signed by a professional civil engineer licensed to practice in the State of Colorado. Requests will be reviewed by the Planning Director or his/her designee. In order to be granted, the variance request must: 1. Describe the design criteria of the Weld County Code of which a variance is being requested. 2. Describe the proposed alternative with engineering rationale which supports the intent of the Weld County Code. 3. Meet the design intent of the Weld County Code. 4. Demonstrate that granting of the variance will still adequately protect public health, safety, and general welfare. 5. Demonstrate there are no adverse impacts, from stormwater runoff, to the public rights of way and/or offsite properties as a result of the project. An applicant can appeal to the Board of Adjustments the Director of Planning Services decision regarding the variance per Article VI of this chapter. C. Variance requests, if accepted, are not precedent setting and are based upon specific site constraints. Affidavit of Publication NOTICE OF STATE OF COLORADO SECOND READING OF ORDINANCE ss. 'arsuant to the Weld County Home Rule Charter,Ordinance Number`r0t5 oh tit,O,3(20d n-1 ine2? 2015 and i public hearing and second reading was head on July 13 2015,with changes hemp mane as I..,te s r r-I.w A magic hearing and Ir,,d County of Weld, AO,ng ra scheduled to be held an the Chambers of Board,located within the Weld County Adi,+iv_tratlort Auilding.1150 Q Stroud,.. ;:r.eiey.Colorado 80631,on August 3;2015, Ali persons in any manner interested in the next r€alloy of said Ordinance arc re- ls plod to attend and may be heard Please contact the Clerk to the Boards Office at phony 11701 336/215 r Extension 4225 or tax 3i 336-7233,poor to the day of the hearing if.as a result of a disability,you require reasorcull accominocatiorsift order to par- 1 Kiara K. Garrett create in this hearing) Any backup material exhibits or informakon previously submitted to the Board of Coady Comm sc oner om- en-Imp this natter may be examined in the office of the Clerk to the Board of County Commissioners located wattlio the Weld Coon - y Administration Building.1150 O Street,Greeley-Colorado,between the hours of B GO am,and 500 0 rr, Monday thru Friday,or nay be accessed through the Weld County Web Page fwww.co.wetd,co.us). C Mail messages sent tc,or,roomdual Commissioner of said County of Weld, being duly sworn, say nay not be included in the case file. To ensure inclusion of your E-Mail correspondence tntr the case t i:),p11 ire send a copy to :gesickico.weld.co.us, - - that I am an advertising clerk of )RDINANCE NO. 2015-1t )HDINANCE TITLE IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS CHAPTER 6 PUBLIC WORKS THE GREELEY TRIBUNE, iND CHAPTER 23 ZONING,OF THE WELD COUNTY CODE )ATE OF NEXT READING, August 3,2015 at 9:00 am. IOARD OF COUNTY COMMISSIONERS that the same is a daily newspaper of general VEL D COUNTY,COLORADO GATED July 17,2315 circulation and printed and published in the City of UBLISHED_ July 22,2015.inthe Greeley T ribun Greeley, in said county and state; that the notice or CHANGES MADE TO CODE ORDINANCE 2015-11 ON SECOND HEADING advertisement, of which the annexed is a true copy, tmend Sectors 23.12.30.0 to read as follows has been published in said daily newspaper for ).The Policy of Weld County is to require detention of runoff Iran the I-hour 100-year storm fading on the developed site and re- :use of the detained water at the historic runoff rate of the t-hour,5-year storm falling on the undeveloped ate for URBANIZING ar- consecutive(days): that the notice was published in -as and the historic runoff rate of the I-hour.10-year storm falling on the undeveloped veloped site for NON-URBANIZING areas. Historic is the re Utar and entire issue of every number of Sald stored as art undeveloped site with a 2.0.�r perviousness. If the 99;90;7090 iradicteon has adopted a different Matzos ninoff rate g Ian that stated to this subsection.Yuen the ur4anizing Jurisdiction runoff air.snail ropey. newspaper during the period and time of enema Section 23-12-30.F to read as fellows_ f Exceptions, publication of said notice, and in the newspaper No stormwafer detention will he required for sites that meet any of the following condemns.Harms remelts of the Municipal Separate proper and not in a supplement thereof; that the dorm Sewer System(MS4)areas remain applicable. first publication of said notice was contained in the Use by Right or Accessory Use in the A(Agricultural)Zone District. ,.Zoning Permits in the A(Agricultural)Zone District. Twenty-second day of July A.D. 20155 and the last A second dwelling permit in the A(Agricultural)Zone District. I Towers including.but not limited to,cell,wind,and telecorrtmunrcatron towers. publication thereof: in the issue of said newspaper •Pipelines or transmission lines Gravel pits if the stormwater drains into the 5 av e,pt bearing the date of the I Residential developments where a l tl're Macy-ring canditrone exst. Nine(s)lots mfewer, Twenty-second day of July A.D. 20i. that said The average tot size Is equal to or greater Man:three flfr acres per tot I Downstream roadway criteria are not exceeded, The Greeley Tribune has been published The total post development on-perviousness for It'll,tura reutde t;at development dues not exceed ten percent a 1O',' assuming that d1 internal roads and driveways am paved,or Will Eventually he paved continuously and uninterruptedly during the period Development of sites where the change of use does not increase the imperviousness of the site. URBANIZING areas where the total protect btorrttwater runoff of less than,or equatto,5 cubic feet per second lets)for the 1-hour,' of at least six months next prior to the first issue 00-year,storm event NON-URBANIZING areas where the total protect stomrwater runoff of less than,or equal to,10 cis for the 1-t;o;r,100-year,sti,rrn thereof contained said notice or advertisement ,vent. Parcels with total area less than,or equal to,a 1.0 gross acre above referred to; that said newspaper has been Individual parcel with an unobstructed flow path and no ottaer parcel{s)between the Fedor;3 Emergency cy tulanct.)entent Adm,mstrxitior FEMA)regulatory floodpiain channel and the project admitted to the United States mails as second-class ,,A parcel greater than 1 gross core and iess than=-,or equal to,5 gross acres in size is atiowed a-'Il lime extmptier Mr a 1.000 sq ft matter under the provisions of the Act of March 3, ,,itdiog or equivalent imperviousness_ parcel greater than 5 grass acres in s.zc-a allowed a onetime en opt€cyn for a 2;000 20 ft hitiidtrs3 or equivalent rmpervieutrroa 1879, or any amendments thereof; and that said Approved by a variance ,rrend Seption 23.12-50 A.3 to read as for ur newspaper is a daily newspaper duly qualified for Off.site flows can be routed as follows publishing legal notices and advertisements within Over the spillway or the meaning of the laws of the State of Colorado. Rested around the site, tmend Section 23-12-150 to read as follows. July 22,2015 -he toilow'g varrance procedures are intended to aftow additional exceptions to the code explicitly listed in Section 23.12-30 priavicl- xi certain requirements are met,Subsection A blade/is Intended to be a lower plus!option which allows anyone to apply for a iariaance with or wiLrout stamped eragineerii.g documentation. Subsection B below w Int611103 to be used when trppe Ii taito*i anatys,s and engineering support is required Total Charges: $$53.01 (.An applicant may request a'variance for their site when conditions oo not meet Ilse drainage exemptions described previously and -'peels to the site and offside properties are insignificant,Requests will be revccwed by the Planning Director or roarer designee_No ariartce vat be considered if it may jeopardize the public health,safety.welted?,and public and private property in eider to be wilted,the variance request must: .Demonstrate that granting of the variance wilt still adequately protect public heath.safety and general weltare. Demonstrate there are no adverse impacts,from stormwater runoff to toe public right,,t way ard=or offsite properties as a result of -re prolect- rriy origm-leer's supporting documental3r;n ore analysis has to be signed and stamped 12 a oci,4,6.*A FE n'I' state of Colorado 22nd day of July 2015 'the applicants variance request is denied for not satisfying the above critcr e ar d ca Me solo discretion of the plannind airompr or ma r her designee,the applicant has the option to follow the variance regime-I in Std.rccctican B below or appeal the dental to the Board Cli My Commission Expires 6/14/17 ,drsstrnenk. t The applicant'a engineer may request a variance.The variance request shall too stair pco and signed by a prate Lone civil ;ngineer licensed to practice in the State of Colorado Requests will be reviewed by the Flanning Director or ftno.Itl,r designee. In rider to be granted,the variance request must: Describe the design criteria of the Weld County Code of which a variance s being req eided. !Describe the proposed alternative with engineering rationale which sulpdns the inlenl of the Weld.County Cede. I.Meet the design intent of the Weld County Code.. LDemonstrate that granting of the variance will still adequately prole:I u,9.puo'+ealth safety and gr'rrerai welfare. Notary Public Demonstrate tttere are rio adverse impacts,from stormwater runoff.to the public rights at way and/or offste properties as a result of he protect. In applicant can appeal to the Board of Adjustments the Director of Planning Services decision regarding the variance per Article.VI ROBERT LITTLE f this chapter NOTARY PUBLICSTATE OF COLORADO 1,Variance requests,if accepted.are not precedent setting arid are based upon spectra elite constraints NOTARY ID 2001401 84zJ4 MY COMMISSION EXPIRES JUNE 14,2017 he Tribune my 22.2015 IIlb NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-11 published below, was introduced and, on motion duly made and seconded, approved upon first reading on June 22, 2015. 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 July 13, 2015. 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.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. 2015-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 13, 2015, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 26, 2015 PUBLISHED: July 1, 2015, in the Greeley Tribune WELD COUNTY CODE ORDINANCE 2015-11 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and c201 — 123/ WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 8 PUBLIC WORKS Delete Article XI from Chapter 8, in its entirety. CHAPTER 23 ZONING Amend Section 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: ACCESSORY BUILDING or USE to NONURBAN SCALE DEVELOPMENT— No change. Add NON-URBANIZING: An area greater than a % mile from municipal boundaries, as amended. Add URBANIZING: An area within % mile from municipal boundaries, as amended. Remainder of Section —No change. Chapter 23 Article XII will be added in its entirety. ARTICLE XII Storm Drainage Criteria Division 1 General Provisions Section 23-12-10. Intent. A. The intent of the Weld County Storm Drainage Criteria is to provide minimum standards to preserve and protect the public health, safety and general welfare in the unincorporated lands of the County, pursuant to authority granted by Part 4 of Article 15 of Title 30, and Article 35 of Title 30, C.R.S. s B. Adequate drainage is necessary to preserve and promote the health, safety, general welfare, and economic well being of the County. Drainage is a regional issue involving multiple governmental jurisdictions and affecting all property parcels. This makes it especially critical for drainage systems and programs to address both public and private needs. The County should be directly involved to provide coordination and master planning for area-wide drainage facilities. C. Drainage plans should adhere to generally accepted engineering principles and practices and should conform to applicable laws and regulations. D. Application of these policies is supported by technical drainage criteria and data. When designed and implemented in a comprehensive manner, drainage facilities can be provided in a manner that will avoid water-related damage to infrastructure, maintain or improve water quality, and enhance the health, safety, and general welfare of the County. Section 23-12-20. Adoption of Storm Drainage Standards. A. The Urban Drainage and Flood Control District's "Urban Storm Drainage Criteria Manual," (UDFCD Manual) consisting of Volume 1, Volume 2, and Volume 3, as currently published or hereafter amended, is hereby adopted by reference, with the amendments and additions which are set forth herein. All references to "District" or "The District" within the UDFCD Manual shall be replaced with "Weld County". The provisions of this Article shall be known as the "Weld County Storm Drainage Criteria." All facilities for storm water management on properties located within the unincorporated lands of the County, whether public or private, shall be designed and constructed in accordance with such criteria, unless a master drainage plan specific to the area of the site has been approved by the County. The Weld County Storm Drainage Criteria shall be available on the Weld County Planning Department's Website. B. The criteria and procedures contained in this Article XII are intended to supplement the UDFCD Manual in ways specific to Weld County. In the case of a conflict between the UDFCD Manual and the supplemental criteria and procedures in this Article XII, such supplemental criteria and procedures shall take precedence over the UDFCD Manual. Section 23-12-30. Drainage Policy. A. The Policy of Weld County shall be to pursue a jurisdictionally unified drainage effort to assure an integrated drainage system and to cooperate with other regional and local planning agencies on drainage matters. B. For new development, the Policy of Weld County is to prohibit un-detained discharges to roadside ditches located in the County right-of-way unless granted by a variance. C. Except as set forth below, the Policy of Weld County shall be to require regional and/or on-site detention for all future developments. Temporary or interim detention/retention may be required if the downstream regional facilities have not yet been constructed per the applicable master plan for that location. Stormwater retention facilities are normally not allowed in Weld County, but will be considered for special circumstances. Eh D. The Policy of Weld County is to require detention of runoff from the 1-hour, 100-year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1-hour, 5-year storm falling on the undeveloped site for URBANIZING areas and the historic runoff rate of the 1-hour, 10-year storm falling on the undeveloped site for NON-URBANIZING areas. Historic is defined as an undeveloped site with a 2.0% imperviousness. E. Weld County will not accept any detention or retention pond that does not drain in less than 72 hours, causes injury to water rights, or is in violation of state or federal law. Upon evaluation, improvements may be necessary to downstream capacity. F. Exceptions. 1. No stormwater detention will be required for sites that meet any of the following conditions; however, water quality capture requirements must still be met. Requirements of the Municipal Separate Storm Sewer System (MS4) areas remain applicable. • a. Residential developments where all the following conditions exist: 1. Nine (9) lots or fewer. 2. The average lot size is equal to, or greater than, three (3) acres per lot. 3. Downstream roadway criteria are not exceeded. 4. The total post-development imperviousness for the rural residential development does not exceed ten percent (10%), assuming that all internal roads and driveways are paved, or will eventually be paved. b. Development of sites where the change of use does not increase the imperviousness of the site. c. URBANIZING areas where the total project stormwater runoff of less than, or equal to, 5 cubic feet per second (cfs)for the 1-hour, 100-year, storm event. d. NON-URBANIZING areas where the total project stormwater runoff of less than, or equal to, 10 cfs for the 1-hour, 100-year, storm event. e. Parcels with total area less than, or equal to, a 1.0 gross acre. f. Individual parcel with an unobstructed flow path and no other parcel(s) between the Federal Emergency Management Administration (FEMA) regulatory floodplain channel and the project. g. A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is allowed a onetime exception for a 1,00O sq ft building or equivalent imperviousness. h. A parcel greater than 5 gross acres in size is allowed a onetime exception for a 2,000 sq ft building or equivalent imperviousness. i. Approved by a variance. 2. No stormwater detention or water quality capture shall be required in the following situations. Requirements of the Municipal Separate Storm Sewer System (MS4) areas remain applicable. a. Use by Right or Accessory Use in the A (Agricultural) Zone District. w b. Zoning Permits in the A (Agricultural) Zone District. c. A second dwelling permit in the in the A (Agricultural) Zone District. d. Towers including, but not limited to, cell, wind, and telecommunication towers. e. Pipelines or transmission lines. f. Gravel pits if the stormwater drains into the gravel pit. g. Approved by a variance. Section 23-12-40. Rainfall. The designer shall use the most appropriate and best available data for the project area in determining the rainfall quantities. Section 23-12-50. Runoff. A. The Rational Method should not be used to determine runoff for basins larger than 160 acres. In areas located in the southwest portion of Weld County and where areas are larger than 160 acres that have drainage characteristics similar to an urban area, the Colorado Urban Hydrograph Procedure (CUHP) is an acceptable model for determining runoff amounts. The CUHP model can be used for basins from 0 to 3,000 acres. The parameter adjustments provided in the runoff chapter of the UDFCD Manual (Volume 1) should be used when dealing with basins that are larger than 160 acres. B. The CUHP model is not applicable in non-urban areas, including those areas in Weld County that are outside of the Denver Metropolitan area. The U.S. Army Corps of Engineers (USACE) HEC-HMS model is more applicable for mixed suburban-agricultural areas. The HEC-HMS model can be used on watersheds and drainage basins larger than 160 acres provided the modeling follows the parameters in the HEC-HMS User's Manual, the HEC-HMS Technical Reference Manual, and the HEC-HMS Application's Guide. C. Weld County in its discretion may accept other methodologies as deemed appropriate by the design engineer. Section 23-12-60. Street Drainage. A. Design Depth Criteria. 1. The primary design objective is to keep the encroachment of stormwater on the street or road below an acceptable limit for a given flood return period. When stormwater collects on a street and flows down a gutter or swale, the stormwater encroaches into the roadway. If left unchecked, the encroachment will hinder traffic flow and may become hazardous. The maximum encroachment depth is outlined in the table below: Road Encroachment Minor Major Road Design Design Classification Storm Max Encroachment Storm Max Encroachment over crown Local 10 yr May spread to crown 100 yr 18" Collector 25 yr Leave one lane open 100 yr 12" Arterial 50 yr No encroachment in lanes 100 yr 0" B. Inlets. 1. The design guidelines provided in the streets/inlets/storm sewers chapter of the UDFCD Manual (Volume 1) should be used when designing stormwater inlets. The standard inlets permitted for use in Weld County streets are shown in the following table: Inlet type permitted (CDOT Types) Curb opening inlet Type R All street types with 6 inch vertical curb Grated inlet Type C All streets with a roadside ditch or swale Grated inlet Type 13 Alley or private drives with a valley gutter Combination inlet Type 13 All street types with 6 inch vertical curb 2. In order to account for factors which decrease the capacity of the inlets—such as debris plugging, pavement overlaying, and variations in design assumptions—the theoretical capacity calculated for inlets is to be reduced by the factors presented in the following table for standard inlets in Weld County. Percent of Condition Inlet Type Theoretical Capacity Allowed Sump or continuous grade CDOT Type R 5 ft length 88 10 ft length 92 15 ft length 95 Continuous grade Combination Type 13 66 Sump Grated Type C 50 Grated Type 13 50 Combination Type 13 65 C. Pipes. 1. The design guidelines provided in the streets/inlets/storm sewers chapter of the UDFCD Manual (Volume 1) should be used when designing stormwater pipes. 2. The Department of Public Works should be contacted to determine which types of storm sewer pipes are permissible for use in public rights-of-way or public drainage easements. Section 23-12-70. Major Drainage. A. Design Flows. 1. The major drainage system must be able to convey the fully developed flow from a watershed for the 1-hour, 100-year event without significant damage to the system. B. Open Channel Design Principles. 1. Grass-lined open channels conveying less than 50 cfs may reduce the minimum 1.0- foot freeboard requirement to the freeboard required to convey 1.33 times the 24- hour, 100-year design flow. The reduced freeboard may only occur if a 1.0-foot minimum freeboard is not physically possible and a variance request is submitted. 2. Maximum side slopes may be as steep as 3H:1 V. However, the design engineer should address how the channels will be maintained since it may not be safe to mow on slopes that are greater than 4H:1V. Section 23-12-80. Culverts. A. Sizing. 1. The Department of Public Works should be contacted to determine which types of storm sewer pipes are permissible for use in public rights-of-way or public drainage easements. 2. Culverts must be designed to the following maximum headwater to depth HW/D requirements. Design Storm HW/D 10 Yr 1.0 100 Yr 1.5 B. Materials. Culverts that are to be installed in a public right-of-way that is routinely burned must be made of either concrete or metal. Plastic pipes will not be allowed in public rights-of- way that are subject to weed burning. Section 23-12-90. Storage. A. Detention Criteria. 1. Detention ponds shall be sized to store the stormwater runoff generated by the 1- hour, 100-year storm falling on the developed site and release of the detained water at the historic runoff rate of the 1-hour, 5-year storm falling on the undeveloped site for URBANIZING areas and the historic runoff rate of the 1-hour, 10-year storm falling on the undeveloped site for NON-URBANIZING areas. Historic is defined as an undeveloped site with a 2.0% imperviousness. 2. The detention pond must include volume for the water quality capture volume. Water quality capture volume may be included as a portion of the total 100-year detention pond volume. 3. Off-site flows can be routed as follows: a. Through the detention pond outlet; or b. Over the spillway; or c. Routed around the site. 4. The elevation of the top of the detention pond embankment, except at the spillway, must be a minimum of 1-foot above the 100-year water surface elevation in the detention pond. 5. There should be no more than two levels of controls, in addition to the water quality capture volume controls, for detention ponds. Outlet works should be sized and structurally designed to release at not more than the 1-hour, 5-year historic release rate in URBANIZING and 1-hour, 10-year historic release rate in NON-URBANIZING without structural or hydraulic failure. Historic is defined as an undeveloped site with a 2.0% imperviousness. The outlet pipe must contain a minimum of two concrete cutoff walls embedded a minimum of 18 inches into undisturbed earthen soil. The cutoff walls must be a minimum of 8 inches thick. The outlet pipe bedding material must consist of native earthen soil, not granular bedding material, to at least the first downstream manhole or daylight point. 6. Each detention pond shall contain an emergency spillway capable of conveying the peak 100-year storm discharge draining into the detention pond. The invert of the emergency spillway must be equal to, or above, the 100-year water surface elevation. The depth of flow out of the emergency spillway shall be less than 6 inches. The spillway must have effective erosion protection. In order to protect the emergency spillway from catastrophic erosion failure, buried riprap shall be placed from the emergency spillway downhill to the embankment toe of slope and covered with 6 inches of topsoil. The riprap must be sized at the time of final engineering design. Grouting of the riprap may be required. 7. In order to prevent damage to publicly-owned infrastructure (roads, roadside ditches), a concrete cutoff wall 8 inches thick , 3 feet deep, and extending a minimum of 5 feet into the embankment on each side of the emergency spillway opening, is required on all privately-maintained detention ponds and required on all regional detention ponds. The concrete cutoff wall permanently defines the emergency spillway opening. The emergency spillway elevation must be tied back into the top of the embankment using a maximum slope of 4:1. 8. The design of the detention facility must provide evidence that the pond will drain in less than 72 hours. A detention pond that does not drain in less than 72 hours, can cause injury to water rights, or is in violation of State or Federal law will not be accepted. B. Retention Criteria. 1. Retention facilities are not allowed in Weld County without the issuance of a variance. 2. Retention facilities must be designed to contain 1.5 times the volume of the runoff generated by the 24-hour, 100-year storm, plus 1 foot of freeboard. 3. The design of the retention facility must include an emergency spillway and must show that a spill will not adversely impact downstream properties or residences. The spillway must be designed in accordance with the detention pond spillway requirements. 4. The design of the retention facility must provide evidence that the pond will drain through the bottom (sides slopes cannot be used in calculation) in less than 72 hours. A retention pond that does not drain in less than 72 hours, can cause injury to water rights, or is in violation of state or federal law will not be accepted. C. Erosion Protection Design Criteria. Erosion protection for storage facilities needs to be designed to ensure that the sediment does not leave the site or impact downstream properties. It may be necessary to install straw bales, riprap, erosion control logs, erosion control blankets, etc. on the storage facility side slopes to ensure that erosion does not occur until the reseeded vegetation is established. The Best Management Practices outlined in the UDFCD Manual (Volume 3) should be used. Section 23-12-100. Revegetation. A. Weld County utilizes the information provided in the Revegetation Chapter of the UDFCD Manual (Volume 2), and the Best Management Practices Chapter of the UDFCD Manual (Volume 3). Weld County has seed mixes that are applicable to areas of the County that are highly recommended. These seed mixes can be found under the Weld County Public Works Website, Weed Management Section. If noxious weeds, as listed in Weld County Code Chapter 15, exist on-site, the appropriate steps need to be taken before, during, and after work is completed to control their spread. B. Seeding and Planting. In addition to the site preparation guidelines outlined in the revegetation chapter of the UDFCD Manual (Volume 2), if mulching with straw, the straw must be free of seeds and weeds. Section 23-12-110. Stormwater Quality. A. A water quality feature is intended to improve water quality from the impacts of site development. A water quality feature can be an existing low spot on the property that currently collects water or an excavated area. The size required is based upon site imperviousness. This depression is intended to allow stormwater runoff from the site to collect and settle out any contaminants prior to flowing offsite to neighboring properties or downstream waterways. B. An accepted methodology for a water quality feature design can be found in the UDFCD Manual, Volume 3, Best Management Practices. Section 23-12-120. Best Management Practices. Weld County uses the Best Management Practices that are outlined in the UDFCD Manual (Volume 3) Best Management Practices. Section 23-12-130. Maintenance. A. Culverts located outside County-maintained road rights-of-way are not maintained by Weld County. The owners of those culverts are responsible for their maintenance. Culverts that are part of a subdivision drainage plan are maintained by the respective homeowner's association. Those culverts should be maintained and cleaned out annually, per the drainage report maintenance plan, or on an as-needed basis to ensure proper drainage of the subdivision. B. To assist drainage pond owners with maintenance, an operations and maintenance manual for detention facilities and associated infrastructure must be developed and included with the final drainage report. C. The property owner/developer, not Weld County, is responsible for site maintenance and revegetation. D. Weld County will require that all submittals include an operations and maintenance manual for all water quality and detention pond facilities. The operations and maintenance manuals shall also be distributed to the applicable homeowners' association and/or business park association (or equivalent). The operations manuals will include instructions on safe and correct operations, repair and maintenance of all installed equipment and facilities and recommended inspection schedules. E. Access must be provided to the drainage facilities for long term maintenance. Section 23-12-140. Enforcement. The enforcement of this Article shall be in accordance with Article X of this Chapter. Section 23-12-150. Stormwater Drainage Criteria Variances. A. The variance request shall be prepared, stamped, and signed by a professional civil engineer licensed to practice in the State of Colorado. Requests will be reviewed by the Planning Director or his/her designee. In order to be granted, the variance request must: 1. Demonstrate that granting of the variance will still adequately protect public health, safety, and general welfare. 2. Meet the design intent of the Weld County Code. 3. Describe the design criteria of the Weld County Code of which a variance is being requested. 4. Describe why it is not possible to meet the Weld County Code. 5. Describe the proposed alternative with engineering rationale which supports the intent of the Weld County Code. 6. State that no negative drainage impacts are caused to offsite properties as a result of the project. B. An applicant may be allowed to request a variance for their site when conditions do not meet the drainage exemptions described previously and impacts to the site and offsite properties are insignificant. No variance will be considered if it may jeopardize the public health, safety, and welfare of the public. C. An applicant can appeal, to the Board of Adjustments, the Director of Planning Service's decision regarding the variance per Article VI of this chapter. D. Variance requests, if accepted, are not precedent setting and are based upon specific site constraints. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing 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. NOTICE OF - URBANIZING areas where the total project stormwater runoff of less than.or Section23-12-90. Storage. FIRST READING OF ORDINANCE equal to,5 cubic feet per second(cfs)for the 1-hour,100-year.storm event A Detention Criteria d. NON-URBANIZING areas where the total project stormwater runoff of less than. or equal to,10 cfs for the 1-hour.100-year,storm event. 1. Detention ponds shall be sized to store the stormwater runoff generated by the Pursuant to the Weld County Home Rule Charter,Ordinance Number 2015-11 pub- lished below.was introduced and. motion duly made seconded,approved e. Parcels with total area less than,or equal to,a 1.0 gross acre. 1-hour.100-year storm falling on the developed site and release of the detained water upon first nn June 22,nd.on.A public duly aaria and second reading is f. Individual parcel with an unobstructed flow path and no other parcel(s)between at the historic runoff rate of the 1-hour,5-year storm falling on the undeveloped site scheduled ponfirstreading in held in the 2,Chambers 015. of the Board,located nds cowitnd the Weld County the Federal Emergency Management Administration(FEMA)regulatory floodplain for URBANIZING areas and the historic runoff rate of the 1-hour.10-year storm falling Administration Building,1150 O Street,Greeley,Colorado 80631.on July 13,2015. channel and the project. on the undeveloped site for NON-URBANIZING areas.Historic is defined as an unde- g: A parcel greater than 1 gross acre and less than,or equal to,5 gross acres in veloped site with a 2.0`o imperviousness. 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 size is allowed a onetime exception for a 1.000 sq ft building or equivalent impervious- 2 The detention pond must include volume for the water quality capture volume. Water quality capture volume may be included as a portion of the total 100-year (970)336-7215.Extension 4225,or fax(970)336-7233,prior to the day of the hearing ness if.as the result of a disability,you require reasonable accommodations in order to par- h. A parcel greater than 5 gross acres in size is allowed a onetime exception for a detention pond volume. ticipate in this hearing.Any backup material,exhibits or information previously submit- 2,000 sq ft building or equivalent imperviousness. 3. Off-site flows can be routed as follows. fed to the Board of County Commissioners concerning this matter may be examined Approved by a variance. a. Through the detention pond outlet;or 2. No stormwater detention or water quality capture shall be required in the following b. Over the spillway:or in the office of the Clerk to the Board of County Commissioners,located within the Requirements of the Municipal Separate Storm Sewer System(MS4)areas c. Routed around the site. Weld County Administration Building,1150 O Street,Greeley,Colorado,between the situations. hours of 8:00 a.m.and 5:00 p.m..Monday thru Friday,or may be accessed through remain applicable. 4. The elevation of the top of the detention pond embankment,except at the spill- the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an indi- a. Use by Right or Accessory Use in the A(Agricultural)Zone District. way,must be a minimum of 1-foot above the 100-year water surface elevation in the victual Commissioner may not be included in the case file. To ensure inclusion of your b. Zoning Permits in the A(Agricultural)Zone District. detention pond. E-Mail correspondence into the case file.please send a copy to egesick®co.weld. c. A second dwelling permit in the in the A(Agricultural)Zone District. 5. There should be no more than two levels of controls.in addition to the water qual d. Towers including,but not limited to.cell.wind,and telecommunication towers. ity capture volume controls,for detention ponds.Outlet works should be sized and Calls. e. Pipelines or transmission lines structurally designed to release at not more than the 1-hour.5-year historic release ORDINANCE NO. 2015-11 f. Gravel pits if the stormwater drains into the gravel pit. • rate in URBANIZING and 1-hour,10-year historic release rate in NON-URBANIZING ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING,WITH g. Approved by a variance. without structural or hydraulic failure.Historic is defined as an undeveloped site with a AMENDMENTS,CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING,OF 2.0%imperviousness.The outlet pipe must contain a minimum of two concrete cutoff • THE WELD COUNTY CODE Section 23-12-40. Rainfall. walls embedded a minimum of 18 inches into undisturbed earthen soil.The cutoff DATE OF NEXT READING' July 13,2015.at 9:00 a.m. The designer shall use the most appropriate and best available data for the project walls must be a minimum of 8 inches thick.The outlet pipe bedding material must area in determining the rainfall quantities. consist of native earthen soil,not granular bedding material,to at least the first down- BOARD OF COUNTY COMMISSIONERS stream manhole or daylight point. WELD COUNTY,COLORADO Section 23-12-50. Runoff. 6. Each detention pond shall contain an emergency spillway capable of conveying DATED. June 26,2015 A The Rational Method should not be used to determine runoff for basins larger the peak 100-year storm discharge draining into the detention pond.The invert of the PUBLISHED July 1.2015.in the Greeley Tribune than 160 acres. In areas located in the southwest portion of Weld County and where emergency spillway must be equal to,or above.the 100-year water surface elevation. areas are larger than 160 acres that have drainage characteristics similar to an urban The depth of flow out of the emergency spillway shall be less than 6 inches.The spill. .««.««* area,the Colorado Urban Hydrograph Procedure(CUHP)is an acceptable model way must have effective erosion protection.In order to protect the emergency spillway WELD COUNTY for determining runoff amounts.The CUHP model can be used for basins from 0 to from catastrophic erosion failure,buried riprap shall be placed from the emergency CODE ORDINANCE 2015-11 3,000 acres.The parameter adjustments provided in the runoff chapter of the UDFCD spillway downhill to the embankment toe of slope and covered with 6 inches of topsoil. Manual(Volume 1)should he used when dealing with basins that are larger than 160 The riprap must be sized at the time of final engineering design.Grouting of the riprap IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS, acres, may be required. CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING,OF THE WELD 7 In order to prevent damage to publicly-owned infrastructure(roads,roadside COUNTY CODE B The CUHP model is not applicable in non-urban areas,including those areas in ditches),a concrete cutoff wall 8 inches thick,3 feet deep,and extending a minimum Weld County that are outside of the Denver Metropolitan area.The U.S.Army Corps of 5 feet into the embankment on each side of the emergency spillway opening,is BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE of Engineers(USAGE)HEC-HMS model is more applicable for mixed suburban-agri- required on all privately-maintained detention ponds and required on all regional COUNTY OF WELD.STATE OF COLORADO: • cultural areas.The HEC-HMS model can be used on watersheds and drainage basins detention ponds. The concrete cutoff wall permanently defines the emergency spill, . larger than 160 acres provided the modeling follows the parameters in the HEC-HMS way opening. The emergency spillway elevation must be tied back into the top of the WHEREAS,the Board of County Commissioners of the County of Weld,State of User's Manual,the HEC-HMS Technical Reference Manual,and the HEC-HMS embankment using a maximum slope of 4:1. Colorado,pursuant to Colorado statute and the Weld County Home Rule Charter,is Application's Guide. 8. The design of the detention facility must provide evidence that the pond will drain vested with the authority of administering the affairs of Weld County,Colorado,and in less than 72 hours.A detention pond that does not drain in less than 72 hours, . C. Weld County in its discretion may accept other methodologies as deemed appro- can cause injury to water rights,or is in violation of State or Federal law will not be WHEREAS.the Board of County Commissioners,on December 28,2000,adopted priate by the design engineer. B.ac Retention Criteria. Weld County Code Ordinance 2000-1,enacting a comprehensive Code for the County Section 23-12-60. Street Drainage 1 Retention facilities are not allowed in Weld County without the issuance of a van- A.Weld,including the codification of all previously adopted ordinances of a general A. Design Depth Criteria. ance. and permanent nature enacted on or before said date of adoption.and 2. Retention facilities must be designed to contain 1.5 times the volume of the runoff WHEREAS.the Weld County Code is in need of revision and clarification with regard 1 The primary design objective is to keep the encroachment of stormwater on the generated by the 24-hour.100-year storm,plus 1 foot of freeboard. to procedures.terms,and requirements therein street or road below an acceptable limit for a given flood return period.When storm- 3. The design of the retention facility must include an emergency spillway and must water collects on a street and flows down a gutter or swain,the stormwater encroach- show that a spill will not adversely impact downstream properties or residences.The Now.THEREFORE,BE IT ORDAINED by the Board of County Commissioners of may become hazardous.The maximum encroachment depth is outlined in the table meets es into the roadway.If left unchecked,the encroachment will hinder traffic flow and spillway must be designed in accordance with the detention pond spillway require- 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 below' 4 The design of the retention facility must provide evidence that the pond will drain the various Chapters are revised to read as follows. • through the bottom(sides slopes cannot be used in calculation)in less than 72 hours A retention pond that does not drain in less than 72 hours,can cause injury to water CHAPTER 8 Road Encroachment rights.or is in violation of state or federal law will not be accepted PUBLIC WORKS C. Erosion Protection Design Criteria. Road Minor Major Erosion protection for storage facilities needs to be designed to ensure that the sedi. Delete Article XI from Chapter 8,in its entirety. Classification went does not leave the site or impact downstream properties.It may be necessary Design Max Design Storm Max to install straw bales.riprap,erosion control logs,erosion control blankets,etc.on the • CHAPTER 23 Storm Encroachment Encroachment storage facility side slopes to ensure that erosion does not occur until the reseeded ZONING over crown vegetation is established.The Best Management Practices outlined in the UDFCD Manual(Volume 3)should be used. Amend Section 23-1-90. Definitions. Local 10 yr May sitread to 100 yr 18" Section 23-12-100. Revegetation. crown •For the purposes of this Chapter.certain terms or words used herein shall be inter- A. Weld County utilizes the information provided in the Revegetation Chapter of preted as defined in this Section. The following specific words and phrases.when Collector 25 yr Leave one 100 yr 12" the UDFCD Manual(Volume 2),and the Best Management Practices Chapter of the appearing in this Chapter in uppercase letters,shall have the meanings stated in this lane open UDFCD Manual(Volume 3). Weld County has seed mixes that are applicable to Section. areas of the County that are highly recommended. These seed mixes can be found Arterial 50 yr No encroach- 100 yr 0" under the Weld County Public Works Website.Weed Management Section. If nox- ACCESSORY BUILDING or USE to NONURBAN SCALE DEVELOPMENT—No ment in lanes ious weeds,as listed in Weld County Code Chapter 15.exist on-site.the appropriate change steps need to be taken before,during,and after work is completed to control their B. Inlets. spread. Add NON-URBANIZING:An area greater than a v<mile from municipal boundaries. B. Seeding and Planting. In addition to the site preparation guidelines outlined in the revegetation chapter of the as amended. 1. The design guidelines provided in the streets/inlets/storm sewers chapter of the UDFCD Manual(Volume 1)should be used when designing stormwater inlets.The UDFCD Manual(Volume 2).if mulching with straw,the straw must be free of seeds Add URBANIZING: An area within 5 mile from municipal boundaries,as amended. standard inlets permitted for use in Weld County streets are shown in the following and weeds. table I Remainder of Section—No change. Section 23-12-110. Stormwater Quality. A. A water quality feature is intended to improve water quality from the impacts of site development A water quality feature can be an existing low spot on the property Chapter 23 Article XII will be added in its entirety. Inlet type permitted(CDOT Types) . that currently collects water or an excavated area.The size required is based upon ARTICLE XII site imperviousness.This depression is intended to allow stormwater runoff from the Curb opening inlet Type R All street types with 6 inch vertical curb site to collect and settle out any contaminantsprior to flowing offsite to neighboring Storm Drainage Criteria 9 9 Division 1 properties or downstream waterways. Grated inlet Type C All streets with a roadside ditch or swale General Provisions B An accepted methodology for a water quality feature design can be found in the Section 23-12-10. • Intent. Grated inlet Type 13 Alley or private drives with a valley gutter UDFCD Manual.Volume 3,Best Management Practices. A The intent of the Weld County Storm Drainage Criteria is to provide minimum standards to preserve and protect the public health,safety and general welfare in the Combination inlet Type 13 All street types with 6 inch vertical curb Section 23-12-120. Best Management Practices. unincorporated lands of the County.pursuant to authority granted by Part 4 of Article Weld County uses the Best Management Practices that are outlined in the UDFCD 15 of Title 30,and Article 35 of Title 30,C.R.S. 2. In order to account for factors which decrease the capacity of the inlets—such Manual(Volume 3)Best Management Practices B. is necessary to preserve and the safety. as debris plugging,pavement overlaying,and variations in design assumptions—the Adequateu drainage and economicinet well being of the Count promote t health,a regional issue theoretical capacity calculated for inlets is to be redced by the factors presented in Section 23-12-130.Maintenance. general y'Drainage 9 the following table for standard inlets in Weld County A. Culverts located outside County-maintained road rights-of-way are not maintained involving multiple governmental jurisdictions and affecting all property parcels.This - by Weld County The owners of those culverts are responsible for their maintenance. makes it especially critical for drainage systems and programs to address both public Culverts that are part of a subdivision drainage plan are maintained by the respec- and private needs.The County should be directly involved to provide coordination and master planning for area-wide drainage facilities. Condition Inlet Type Percent of five homeowner's association.Those culverts should be maintained and cleaned out Theoretical annually.per the drainage report maintenance plan.or on an as-needed basis to C Drainage plans should adhere to generally accepted engineering principles and practices and should conform to applicable laws and regulations. Capacity Allowed ensure proper drainage of the subdivision. D Application of these policies is supported byhe technical drainage criteria and data. Sump or continu- CDOT Type R B. To assist drainage pond owners with maintenance,an operations and mainte- be designed and implemented in a comprehensive manner,drainage facilities can ous grade nance manual for detention facilities and associated infrastructure must he developed be provided in a manner that will avoid water-related damage to infrastructure,main- and included with the final drainage report. tarn or improve water quality,and enhance the health,safety.and general welfare of the County 5 ft length 88 C. The property owner/developer,not Weld County.is responsible for site mainte- • Section 23-12-20. Adoption of Storm Drainage Standards. 10 ft length 92 nance and revegetation. A The Urban Drainage and Flood Control District's"Urban Storm Drainage Criteria Manual."(UDFCD Manual)consisting of Volume 1,Volume 2,and Volume 3,as 15 ft length 95 D. Weld County will require that all submittals include an operations and main- currently published or hereafter amended.is hereby adopted by reference,with the tenance manual for all water quality and detention pond facilities. The operations amendments and additions which are set forth herein. All references to"District"or Continuous grade Combination Type 13 66 and maintenance manuals shall also be distributed to the applicable homeowners' "The District"within the UDFCD Manual shall be replaced with"Weld County".The association and/Or business park association(or equivalent). The operations manuals provisions of this Article shall be known as the"Weld County Storm Drainage Criteria." Sump Grated Type C 50 will include instructions on safe and correct operations,repair and maintenance of all All facilities for storm water management on properties located within the unincor- installed equipment and facilities and recommended inspection schedules. porated lands of the County.whether public or private,shall be designed and con- Grated Type 13 50 E. Access must be provided to the drainage facilities for long term maintenance. strutted in accordance with such criteria,unless a master drainage plan specific to the 9 area of the site has been approved by the County. The Weld County Storm Drainage Combination Type 13 65 Section 23-12-140. Enforcement. Criteria shall be available on the Weld County Planning Department's Website. C. Pies The enforcement of this Article shall be in accordance with Article X of this Chapter P B The criteria and procedures contained in this Article XII are intended to supple- Section 23-12-150 Stormwater Drainage Criteria Variances mewl the UDFCD Manual in ways specific to Weld County.In the case of a conflict 1. The design guidelines provided in the streets/inlets/storm sewers chapter of the A. The variance request shall be prepared.stamped.and signed by a professional between the UDFCD Manual and the supplemental criteria and procedures in this UDFCD Manual(Volume 1)should be used when designing stormwater pipes. civil engineer licensed topractice in the State of Colorado.article XII.such supplemental criteria and procedures shall take precedence over the 9 Requests will be reviewed ur,FCD Manual. 2 The Department of Public Works should be contacted to determine which types by the Planning Director or his/her designee. In order to be granted.the variance of storm sewer pipes are permissible for use in public rights-of-way or public drainage request must. Section 23-12-30. Drainage Policy. easements. 1. Demonstrate that granting of the variance will still adequately protect public A The Policy of Weld County shall be to pursue a jurisdictionally unified drainage health.safety.and general welfare. effort to assure an integrated drainage system and to cooperate with other regional Section 23-12-70 Major Drainage. 2. Meet the design intent of the Weld County Code. 3. Describe the design criteria of the Weld County Code of which a variance is and local planning agencies on drainage matters. A. Design Flows. being requested. R For new development.the Policy of Weld County is to prohibit un-detained dis- 1 The major drainage system must be able to convey the fully developed flow from 4. Describe why it is not possible to meet the Weld County Code. charges to roadside ditches located in the County right-of-way unless granted by a a watershed for the 1-hour.100-year event without significant damage to the system. 5. Describe the proposed alternative with engineering rationale which supports the variance. intent of the Weld County Code. B. Open Channel Design Principles. 6. State that no negative drainage impacts are caused to offsite properties as a C Except as set forth below,the Policy of Weld County shall be to require regional result of the project. and/or on-site detention for all future developments. Temporary or interim deten- 1. Grass-lined open channels conveying less than 50 cfs may reduce the minimum B. An applicant may be allowed to request a variance for their site when conditions tioniretention may be required if the downstream regional facilities have not yet been 1.0-foot freeboard requirement to the freeboard required to convey 1.33 times the do not meet the drainage exemptions described previously and impacts to the site and constructed per the applicable master plan for that location. Stormwater retention 24-hour.100-year design flow.The reduced freeboard may only occur if a 1.0-foot offsite properties are insignificant.No variance will be considered if it may jeopardize facilities are normally not allowed in Weld County,but will be considered for special minimum freeboard is not physically possible and a variance request is submitted. the public health,safety.and welfare of the public. circumstances. C. An applicant can appeal.to the Board of Adjustments.the Director of Planning 2. Maximum side slopes may be as steep as 3H:1 V However.the design engineer Service's decision regarding the variance per Article VI of this chapter D. The Policy of Weld County is to require detention of runoff from the 1-hour, should address how the channels will he maintained since it may not be safe to mow D. Variance requests.if accepted,are not precedent setting and are based upon 100-year.storm falling on the developed site and release of the detained water at on slopes that are greater than 4H'1 V. specific site constraint's. the historic runoff rate of the 1-hour,5-year storm falling on the undeveloped site for BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be.and hereby URBANIZING areas and the historic runoff rate of the 1-hour,10-year storm falling on Section 23-12-80, Culverts is.directed to arrange for Colorado Code Publishing to supplement the Weld County the undeveloped site for NON-URBANIZING areas. Historic is defined as an undevel- A. Sizing. Code with the amendments contained herein,to coincide with chapters,articles. oped site with a 2.0%imperviousness. divisions.sections,and subsections as they currently exist within said Code:and The Department of Public Works should be contacted to determine which types to resolve any inconsistencies regarding capitalization,grammar.and numbering or E Weld County will not accept any detention or retention pond that does not drain of storm sewer pipes are permissible for use in public rights-of-way or public drainage placement of chapters,articles,divisions.sections.and subsections in said Code. in less than 72 hours.causes injury to water rights.or is in violation of state or federal easements. BE IT FURTHER ORDAINED by the Board.if any section,subsection,paragraph. law. Upon evaluation,improvements may be necessary to downstream capacity. 2 Culverts must be designed to the following maximum headwater to depth HW/D sentence.clause,or phrase of this Ordinance is for any reason held or decided to be F. Exceptions requirements, unconstitutional,such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have 1 No stormwater detention will be required for sites that meet any of the fol- enacted this Ordinance in each and every section,subsection,paragraph.sentence, lowing conditions:however,water quality capture requirements must still be met. Design Storm HW/D clause.and phrase thereof irrespective of the fact that any one or more sections. Requirements of the Municipal Separate Storm Sewer System(MS4)areas remain subsections.paragraphs.sentences.clauses.or phrases might be declared to be applicable. 10 Yr 1.0 unconstitutional or invalid. a. Residential developments where all the following conditions exist: 1 Nine(9)lots or fewer. 100 Yr 1.5 The Tribune 2 The average lot size is equal to.or greater than.three(3)acres per lot. July 1.2015 3. Downstream roadway criteria are not exceeded. B Materials. 4 The total post-developmeri imperviousness for the rural residential development does not exceed ten percent it/'P51.assuming that all internal roads and driveways Culverts that are to be installed in a public right-of-way that is routinely burned must are paevel or will n of teslly er th paved be made of either concrete or metal.Plastic pipes will not be allowed in,publir rights- of-way Development of sites vnere the change of use does not increase the impervious- of-way that are subject to weed burning. ness of the site NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on July 13, 2015, and August 3, 2015. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631 . 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 prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@co.weld .co.us. If a court reporter is desired for either hearing , please advise the Department of Planning Services or the Clerk to the Board's Office, in writing , at least five days prior to the hearing . The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing , please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing . All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DOCKET #: 2015-71 PLANNING COMMISSION DATE : June 2, 2015 TIME: 1 : 30 p. m . BOARD OF COMMISSIONERS DATE: June 22 , 2015 TIME: 9: 00 a. m . CASE NUMBER: ORDINANCE 2015-11 PRESENTED BY: WAYNE HOWARD REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE. PLANNING COMMISSION WELD COUNTY, COLORADO DATED: May 15, 2015 PUBLISHED : May 20, 2015, in the Greeley Tribune 2015- 1831 ORD /5- /1 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Kiara K.Garrett of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, NOTICE I that the same is a daily newspaper of general Pursuant to the zoning laws or the State of Colorado and the circulation and printed and published in the City of Weld County Code,a public hearing will be held before the Weld Greeley, in said county and state;that the notice or County Planning Commission and the Board of County Commis stoners in the Hearing Room,Weld County Administration advertisement, of which the annexed is a true copy, Building,1150 O Street,Greeley,Colorado,at the times specs tied below. A Second and Third reading of said Ordinance will has been published in said daily newspaper for be considered on July 13.2015.and August 3,2015. The complete case file may be examined by calling the Depart- consecutive(days):that the notice was published in meet of Planning Services at(970)353-6100 to make arrange- ments with the case planner,or at the office of the Clerk to the the regular and entire issue of every number of said Board of County Commissioners.Weld County Administration Building.1150 O Street Greeley.Colorado 80631.E-Mail roes- newspaper during the period and time of sages sent to an individual Commissioner may not be included in the case file.To ensure inclusion of your E-Mail correspondence publication of said notice, and in the newspaper info the race hie prior to the Planning Commission hearing please call the Department of Planning Services to obtain me proper and not in a supplement thereof; that the ppool tothe�Binformation. arrd f Co m°ssioneler hearing correspon- dence i g - first publication of said notice was contained in the sick Oco.weld.co.us. Twentieth day of May A.D. 2015 and the last It a court reporter is desired for either hearing,please advise the Department of Planning Services or the Clerk to the Board's Of- fice,in writing,at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party bearing the date of the In accordance with the Americans with Disabilities Act,it special accommodations are required in order for you to participate in Twentieth day of May A.D. 2015 that said The this hearing,please contact the Department of Planning Servic- es at(970)353 6100 Ext.3519,or the Clerk to the Board's Of- Greele Tribune has been ublished continuous) fice at(970)336-7215.Ext.4226,prior to the day of the hearing y p y All cases scheduled before the Planning Commission or Board of and uninterru tedl during the period of at least six County Commissioners are subject to continuance.due to lack of p y quorum or otherwise Contact the Department of Planning Ser- months next prior to the first issue thereof vices or the Clerk to the Board's Office at the numbers above,for hearing continuance information. contained said, notice or advertisement above DOCKET M:2015-71 PLANNING COMMISSION DATE June 2.2015 referred to; that said newspaper has been admitted TIME 130pm. BOARD OF COMMISSIONERS DATE June 22 2015 to the United States mails as second-class matter • TIME. 9:00 a.m CASE NUMBER: ORDINANCE 2015-11 under the provisions of the Act of March 3,1879,or PRESENTED BY.WAYNE HOWARD REQUEST-.IN THE MATTER OF REPEALING AND REEN- any amendments thereof; and that said newspaper ACTING.WITH AMENDMENTS CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING.OF THE WELD COUNTY CODE is a daily newspaper duly qualified for publishing PLANNING COMMISSION legal notices and advertisements within the WELD COUNTY.COLORADO DATED:May 15.2015 meaning of the laws of the State of Colorado. The Tribune May 2O015 May 20,_015 Total Charges: $11.58 Kai nckud(5- 20th day of May 2015 My Commission Expires 6/14/17 Zaim. Notary Public ROBERT LITTLE NOTARY PUBLIC ti STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14.2017 Hello