HomeMy WebLinkAbout20140808.tiff NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-5 was introduced on
first reading on February 26, 2014, and a public hearing and second reading was held on
March 17, 2014, with no change being made to the text of said Ordinance. 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 April 9, 2014. 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) 352-0242, 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. 2014-5
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY CODE
DATE OF NEXT READING: April 9, 2014, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 21, 2014
PUBLISHED: March 26, 2014, in the Greeley Tribune
OeO/y—0 SO`B
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Desirea Larson
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
NOTICE OF
SECOND 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 2014.5 weer introduced on first reading on February 26,
2014.and.a public hearing and second reading was held on Greeley,in said county and state;that the notice or
March 17,.2014,with no change being made to the text of said
Ordinance.A pubic hearing and third reading is scheduled to be advertisement,of which the annexed is a true copy,
held In the Chambers of the Board,located within the'Weld
County Administration Building,1150 O Street,Greeley,Colo- has been published in said daily newspaper for
redo 80631,on April 9,2014. All persons in any manner inter-
ested in the next reading of said Ordinance are requested to at- consecutive(days):that the notice was published in
tend and maybe heard. Please contact the Clerk to the Board's'
•Office at phone(970)336-7215;Extension 4226,orfax(970) the regular and entire issue of every number of said
352 0242,prior to the day of the hearing if,as a result of a dis-
ability,you require reasonable accommodations In order to par- newspaper during the period and time of
ficipate in this hearing.Any backup material,exhibits or informa-
tion previously submitted to the Board of County Commissioners publication of said notice, and in the newspaper
concerning this Cay be examined in the office of the Clerk and not in a supplement thereof; that the
to the Board of County Commissioners,located within the Weld proper pp
County Administration Building,1450'0 Street,Greeley,Colo firstpublication of said notice was contained in the
redo.between the hours of 8:00 a.m.and 5:00,p.m., nday th- p
ru Friday,or may be accessed through the Weld County Web • Twenty-sixth_da of March A.D. 2014 and the last
Page(www.co.wekl.co:us). E-Mail messages sent to an individ- y
ual Commissioner may not be included in tea case file. To en- publication thereof: in the issue of said newspaper
Sure inclusion of your E-Mail correspondence into the case file,
please send a copy to egesickOco.weld.co.us. bearing the date of the
ORDINANCE NO. 2014-5 Twenty-sixth day of March A.D:2014 that said •
•
QRDINANCETtitE: IN THE MATTER OF REPEALING AND The Greeley Tribune has been published
EEEN CC11NG WAMENDMENTLD COUNTY CODE CHAPTER ADMINIS•
TRATION,OF THE DATE OF NEXT READING:April 9,2014.919:006.m.•
continuously and uninterruptedly during the period
BOARD of COUNTY coMMlsstoNF�s , of at least six months next prior to the first issue
WELD COUNTXOLCHADo'__:.__: thereof contained said notice or advertisement
DATED:March 212014 ' above referred to; that said newspaper has been
The Tribune • admitted to the United States mails as second-class
March 26.2014 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.
March 26,2014
Total Charges: $8.93
\./
26th day o h 2014
My Commission Expires 6/14/2017
Notary Public
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018494
MY COMMISSION EXPIRES JUNE 14,2017
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-5 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
February 26, 2014, 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 March 17, 2014. 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) 352-0242, 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. 2014-5
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY CODE
DATE OF NEXT READING: March 17, 2014, at 9:00 a.m.
WELD COUNTY
CODE ORDINANCE 2014-5
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
2014-0808
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 - No change
2. The County requires applicants to provide 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 and USR Plat Map or SPR Site Plan Drawing and
further enumerated in the Improvements Agreement. Prior to 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 Final Plat approval and
all preliminary approvals shall automatically expire. An applicant may request
that the Board extend the 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 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 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.
4. Warranty Collateral for all on-site and off-site improvements shall be submitted
to, and held by, the County for two (2) years, as set forth in the Improvements
Agreement following the County's written acceptance of the improvements.
a. No change
5. No change
6. Road Maintenance Collateral shall be submitted to the County upon the release
of the Warranty Collateral by the Board of County Commissioners. If the County
has accepted a Corporate Guaranty as Alternative to Collateral pursuant to Sec.
2-3-30.D., below, Road Maintenance Collateral shall be submitted at the time of
approval of the Improvements Agreement or at such time that approved permit
activities are initiated. The submitted amount shall be $3,600 for facilities
adjacent to paved haul route roads or $2,400 for facilities adjacent to gravel haul
route roads.
7. Road Maintenance Collateral is held for use on roads associated with the
designated haul route. Road Maintenance Collateral shall be held by the County
as long as the Improvements Agreement is in effect and returned to the applicant
upon vacation of an associated land use agreement or permit. Road
Maintenance Collateral will only be accessed by the County if, upon notification
to the applicant of required roadway repairs, the applicant fails to perform said
repairs. If any of the Road Maintenance Collateral shall be collected by the
County, the applicant shall replace the amount, plus interest, within six (6)
months.
8 and 9 - No change
B. No change
C. Requests for release of collateral:
1. Prior to release of collateral for the entire project or for a portion of the project by
the County, the developer must present a Statement of Substantial Compliance
from an engineer registered in Colorado. Engineering Statements of Substantial
Compliance are only required following notification by the County. The Statement
of Substantial Compliance shall state that the project, or a portion of the project,
has been completed in substantial compliance with approved plans and
specifications documenting the following:
a through d - No change
e. A letter must be submitted from the appropriate fire authority, if
applicable, indicating that the fire hydrants are in place in accordance with
the approved plans. The letter shall indicate if the fire hydrants are
operational and, if required by the County, state the results of fire-flow
tests.
2 through 5 - No change
6. Road Maintenance Collateral for roads associated with the designated haul route
shall be maintained as long as the associated land use permit is active.
D. Corporate Guaranty as Alternative to Collateral:
1. The Board, in its sole discretion, may grant a land use applicant's request to
provide a corporate guaranty agreement as an alternative to meeting the
collateral requirements outlined in this section. The Board may not accept a
corporate guaranty agreement pursuant to this subsection unless the Guarantor
meets the following requirements:
a. The Guarantor is a legal entity in good standing with the Colorado
Secretary of State or the applicable governmental licensing agency of the
Guarantor's state of incorporation.
b. The Guarantor provides the County with a copy of its Dun and Bradstreet
Credit Rating Report. Such report shall be no more than ninety (90) days
old. The report shall indicate that Guarantor has a rating classification of
5A, 4A, or 3A. The report shall indicate that Guarantor has a Composite
Credit Appraisal of 1, 2, or 3.
2. If the Applicant meets all of the requirements provided in subsection 1, the Board
may then decide whether acceptance of a corporate guaranty agreement is
appropriate under the circumstances. The Board may consider (1) the value
listed in the improvements agreement, (2) the net worth of the Guarantor, (3) the
Applicant's history regarding successful local projects, and (4) anything else the
Board deems relevant and appropriate for consideration.
3. The corporate guaranty agreement may be used as an alternative to Project
Collateral and/or Warranty Collateral, as described in Section 2-3-30(A)(2). If the
Board approves the use of a corporate guaranty agreement, the Applicant shall
still be responsible for providing Road Maintenance Collateral (if applicable).
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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 28, 2014
PUBLISHED: March 5, 2014, in the Greeley Tribune
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