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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: ORDINANCE 2014-7
PRESENTED BY: TOM PARKO
REQUEST: CODE ORDINANCE #2014-7, IN THE MATTER OF REPEALING AND RE-
ENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24
SUBDIVISIONS, OF THE WELD COUNTY CODE.
be recommended favorably to the Board of County Commissioners for the following reasons:
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 20, 2014.
Dated the 20th of May, 2014.
o�� Digitally signed by Kristine
q 7 Fins& in_. Ranslem
Date:2014.05.27 14:33:49-06'00'
Kristine Ranslem
Secretary
2014-1653
Sec. 23-11-310. Definitions.
Unless specifically defined below or in Section 23-1-90 of this Code, words or phrases used in this
ORDINANCE shall be interpreted to give them the meaning they have in common usage and to give
this ORDINANCE its most reasonable application. The following specific words or phrases in
uppercase letters shall have the meanings as stated in this Section.
CRAWL SPACE: shall mean any unfinished area of a building having its improved or unimproved floor
subgrade(below ground level)on all sides and the interior height of which,measured from the lowest interior
grade to the highest point of the foundation,is four(4)feet or less. CRAWL SPACE shall be constructed to be
in compliance with FEMA Technical Bulletin (TB) 11.
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any craw'space or
BASEMENT. Any floor used for living purposes which includes working, storage, sleeping,
or any combination thereof. This includes any floor that could be
cooking,and eating or recreation,
converted to such a use,such as a BASEMENT or crassIspacc. Any unfinished or FLOOD-resistant
enclosure,usable solely for parking of vehicles,BUILDING access or storage in an area other than a
BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR; provided that such
enclosure is not built so as to render the STRUCTURE in violation of the applicable nonelevation
requirement of 44 CFR 60.3.
Sec. 23-11-330. Duties of FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN ADMINISTRATOR shall include, but not be
limited to, the following:
A. Per 44 CFR 60.3(b), maintain and hold open for public inspection all records pertaining to
the provisions of this ORDINANCE, including the actual elevation in relation to MEAN SEA
LEVEL of the LOWEST FLOOR, including crasslspace or BASEMENT, of all new or
SUBSTANTIALLY IMPROVED STRUCTURES and FLOODPROOFING certificates as required
by this ORDINANCE.
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS, the following provisions are required for all
DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS:
J. Per CWCB FLOODPLAIN Rule I I,a FLOODPLAIN DEVELOPMENT PERMIT shall not
be issued for the construction of a new STRUCTURE or ADDITION to an existing STRUCTURE
on a property removed from the FLOODPLAIN by the issuance of a FEMA LOMR-F, if the
LOWEST FLOOR ELEVATION, including the BASEMENT or crawlspact, is less than one(1)foot
(twelve [12] inches) above the BASE FLOOD ELEVATION that existed prior to the placement of
FILL.
Sec. 23-11-370. Specific standards for Approximate Floodplains (Zone A).
In addition to the general standards in Section 23-11-360 above, the following provisions are
required for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located
in SPECIAL FLOOD HAZARD AREAS designated as Zone A (Approximate Floodplain):
A. Per 44 CFR 60.3(b) and CWCB FLOODPLAIN Rule 11, all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the LOWEST
FLOOR(including BASEMENT or crawlspaco)ELEVATED a minimum of one(1)foot above the
BASE FLOOD ELEVATION. Upon completion of the STRUCTURE, the elevation of the
LOWEST FLOOR, including BASEMENT or crawlspace, shall be certified by a registered
Colorado land surveyor. The certificate shall utilize FEMA's Elevation Certificate and must include
all information requested on the Elevation Certificate.
B. Per 44 CFR 60.3(b), with the exception of CRITICAL FACILITIES, all NEW
CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial, industrial or other
nonresidential STRUCTURES shall either have the LOWEST FLOOR(including BASEMENT ec
crawlspace) ELEVATED a minimum of one (1) foot above the BASE FLOOD ELEVATION or,
together with attendant utility and sanitary facilities, be designed so that at one (I) foot above the
BASE FLOOD level, the structure is WATERTIGHT with walls substantially impermeable to the
passage of water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect
licensed in the State shall develop and/or review structural design, specifications and plans for
construction, and shall certify that the design and methods of construction are in accordance with
accepted standards of practice.
Sec.23-11-380. Specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS(Zones
Al-A30,AH,AO and AE).
In addition to the general standards in Section 23-11-360 above and specific standards for
Approximate Floodplains in Section 23-11-370 above,the following provisions are required for all
NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL
FLOOD HAZARD AREAS designated as Zones Al-A30, AH, AO and AE:
E. Per 44 CFR 60.3(c),Zone AO(shallow flooding)areas can be located within the SPECIAL
FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD AREAS are associated with BASE
FLOOD depths of one (1)to three (3) feet where a clearly defined CHANNEL does not exist and
where the path of FLOODING is unpredictable and where velocity flow may be evident. Such
FLOODING is characterized by ponding or sheet flow. The following provisions shall apply:
1. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential
STRUCTURES shall have the LOWEST FLOOR (including BASEMENT or crawlspac )
ELEVATED above the HIGHEST ADJACENT GRADE at least one (I) foot above the depth
number specified in feet on the FIRM. If no depth number is provided on the FIRM, the
LOWEST FLOOR (including BASEMENT or crawlspaco) shall be a minimum of three (3) feet
above the HIGHEST ADJACENT GRADE. Upon completion of the STRUCTURE,the elevation
of the LOWEST FLOOR, including the BASEMENT or crawlspaco, shall be certified by a
registered Colorado land surveyor. Such certification shall be submitted to the FLOODPLAIN
ADMINISTRATOR.
2. With the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any commercial, industrial or other nonresidential
STRUCTURES shall either have the LOWEST FLOOR(including BASEMENT or crawlspace)
ELEVATED to a minimum of one(1)foot above the BASE FLOOD ELEVATION(at least three
[3]feet if no depth number is specified)or,together with attendant utility and sanitary facilities,be
designed so that, at one(1) foot above the BASE FLOOD level, the structure is WATERTIGHT
with walls substantially impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A
registered professional engineer or architect licensed in the State shall develop and/or review
structural design,specifications and plans for the construction,and shall certify that the design and
methods of construction are in accordance with accepted standards of practice.
Sec.23-11-410. Appeal of FLOODPLAIN ADMINISTRATOR'S administrative decision.
Appeal of any FLOODPLAIN ADMINISTRATOR'S administrative decision regarding the
application or interpretation ofthis ORDINANCE shall be addressed pursuant to Section 2 4 10 23-
11-410 of this Code. (Weld County Code Ordinance 2013-10)
Division 6
Violations and Penalties
See. 23 11 130. VIOLATIONS and penalties.
The COUNTY,through the Department of Planning Services or other departments so authorized,
may enforce this ORDINANCE through methods included in this ORDINANCE or through other
methods adopted by the Board of County Commissioners. The methods provided in this
ORDINANCE for violations and penalties are authorized by Sections 30-28 121 and 30 28 121.5,
C.R.S. Engineering staff in the Department of Public Works shall assist the FLOODPLAIN
ADMINISTRATOR in the interpretation and calculations of the engineering aspects or components
of enforcement. (Weld County Code Ordinance 2013 10)
See.23-11 110. Criminal penalties.
A. it is unlawful to erect, construct, reconstruct or alter any BUILDING or STRUCTURE in
violation of any provision of this ORDINANCE. Any person, firm or corporation violating any
provision of this ORDINANCE is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a tine of not more than one hundred dollars ($100.00) or by imprisonment in the
COUNTY jail for not more than ten (10)days, or by both such fine and imprisonment. Each day
during which such illegal erection,construction, reconstruction or alteration continues shall be
deemed a separate offense.
B. It is unlawful to USE any BUILDING.STRUCTURE or land in violation ofany provision of
this ORDINANCE. Any person,firm or corporation violating any provision of this ORDINANCE is
guilty of a misdemeanor and, upon convietion thereof, shall be punished by a fine of not more than
• one hundred dollars(S100.00)or by imprisonment in the COUNTY jail for not more than ten(10)
days, or by both such fine and imprisonment. Each day during which such illegal USE of any
BUILDING. STRUCTURE or land continues shall be deemed as a separate offense.
C. Whenever the Department of Planning Services, through one (I) of its employees, has
personal knowledge of any VIOLATION of this ORDINANCE, it shall give written notice to the
violator to correct such VIOLATION within thirty(30)days-after the date of such notice. Should
the violator fail to correct the VIOLATION within such thirty-day period, the Department of
Planning Services may request that the Weld County Sheriffs Office issue a summons and complaint
to the violator,stating the nature of the VIOLATION with sufficient particularity to give notice of
said charge to the violator. The summons and complaint shall require that the violator appear in
court at a definite time and place stated therein to answer and defend the charge. One(I)copy of
said summons and complaint shall be served upon the violator by the Sheriffs Office in the manner
provided by law for the service of a criminal summons. One(1)copy each shall be retained by the
Sheriffs Office and the Department of Planning Services and one(l)copy shall be transmitted to the
Clerk of the Court.
D. It is the responsibility of the County Attorney to enforce the pr-ovisitns of this Section. In
iey t the .� d f r,,,,.,t.. Co a,ems it ap ropriate, the Ro-. c-
County Attorney. (Weld County Code Ordinance 2013 10)
,1.. Equity 4.le relief.... .. ,.1....t.....
In case any DE`,LELAPMENT, BUILDING or STRUCTURE is or is proposed to be erected,
constructed. reconstructed, altered or USED, or any land is or is proposed to be USED, in
VIOLATION of any proaAsion of this ORDINANCE,the-County Attorney or.where the Board of
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con�tructio eco tr�Nic ,alterati nor US 'eld County Code Ordinance 2013 10)
Sec 23 11-460. C...cl . aLies.
t,„ .,,.true,, .alter or USE any BUILDING.STRUCTURE or
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Subsection, the remedies set forth above or any combination of the three (3). Each day after the
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County Attorney to the County Treasurer, who shall collect the assessment, together with a ten
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ge o ,, t xes. clu including the laws for tha sale and
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the County Clerk and Recorder.
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C. The Department of hlann4ng crvices,through one(1)of its employees,shall,upon personal
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D. One(I)copy of the summons and complaint issued pursuant to Subsection C above-shal1-be
served upon the violator in the manner provided by law for the service of a County Couurt eiv-if
summons and complaint in accordance with the Colorado Rules of County Court Civil Procedure
The summons and complaint shall also be filed with the Clerk of the County Courtand-thereaftef
the action shall proceed in accordance with the Colorado Rules of County Court Civil Procedure
�' i A TION of any
E. !f'the County Court finds, by a preponderance of the evidence, that a ViO�
regulation or provision of this ORDINANCE has occurred,the Court shall order the violator-to-pay-a
civil penalty in an amount allowed pursuant to Subsection A.above. Such penalty s
immediately by the violator to the County Treasurer. In the event that the alleged VIOLATION-has
T'�,-,ON-has
been cured or otherwise removed at least five(5)days prior to the appearance date in the summons,
then the County Attorney shall also inform the Court and request that the action be-dismissed
without fine or appearance of the defendant:
F. Upon the filing with the Court of a receipt issued by the County Treasurer-showing-payment
in-full-of a-civil penalty assessed pursuant to this Section and upon the filing of an affidavit of the
Department of Planning Services that the VIOLA'T'ION has been cured, removed or-corrected;t„e
Court shall dismiss the action and issue a satisfaction in full of the judgment so entered:
G. If a receipt showing full payment of the civil penalty or the affidavit required by Subsection
F. above is not filed, the action shall continue and the Court shall retain jurisdiction to impose an
additional penalty against the violator in the amount specified in Subsection A.of this Section. Such
additional penalty shall be imposed by the Court upon motion filed by the COUNTY and proof that
the VIOLATION has not been cured,removed or corrected. Thereafter,the action:'hall ntinue the
penalty and any additional penalties so assessed and the filing of an affidavit of the Department of
Planning Services that the VIOLATION has been cured,removed or corrected. (Weld County-Code
Ordinance 2013 10)
Change to:
The enforcement of Article XI shall be in accordance with Article X of this Chapter
Sec.23-11-470. Relationship to other ordinances.
The Department of Planning Services shall withhold issuance of Building Permits if the erection,
construction, reconstruction, alteration or USE of the property does not conform to the terms set
forth in this ORDINANCE. (Weld County Code Ordinance 2013-10)
Sec. 24-1-30. Statement of purpose.
The purpose of this Chapter is to achieve orderly and efficient development by:
O. Restricting or regulating building in special flood hazard overlay district areas, shore lands,
areas covered by poor soils or areas poorly suited for building or construction.
Sec. 24-7-110.Sketch plan storm drainage requirements.
A. A sketch plan drainage report shall be submitted with the sketch plan application submittal.
The sketch plan drainage report shall be prepared by a registered professional engineer licensed in
the State. The report shall be properly certified and signed by such engineer.
B. The purpose of the sketch plan drainage report is to identify and define conceptual solutions
to existing problems or problems that will occur on-site and off-site as a result of the proposed
subdivision.
C. The sketch plan drainage report shall be in accordance with the following outline and contain
the applicable information listed. Failure to comply with the provisions of this Section may result in
the report being rejected for review.
1. The general legal description for the proposed subdivision shall be described.
2. The general location of the proposed subdivision with respect to adjacent public or
private roads shall be described.
3. The names of any developments within one-half(Yz)mile surrounding the proposed
subdivision shall be described.
4. A general description of the proposed subdivision property including:
a. Area in acres.
b. Ground cover(type of trees, shrubs, vegetation).
c. General topography.
d. General soil conditions.
e. Irrigation ditches or laterals.
f. Drainage ways.
5. A general description of the drainage basin and sub-basins, including:
a. The reference of any major drainage way planning study, such as master drainage
basin planning studies,flood hazard delineation reports and flood insurance studies
or maps, if available. The design will conform with the South Weld 1-25 Corridor
Master Drainage Plan if the site is within the identified basins.
b. A discussion of major basin drainage characteristics.
c. Identification of all nearby irrigation ditches or laterals which will influence or be
influenced by the local drainage.
d. A discussion of the historic drainage pattern of the proposed subdivision property.
e. A discussion of off-site drainage flow patterns and impact on the proposed
subdivision.
Sec. 24-7-150.Special Flood #Hazard : Area.
Ifa subdivision or portion ofa proposed subdivision is located in a " ' ct area
Special Flood Hazard Area, all applicable regulations of Chapter 23 of this Code shall be met.
30.CILLp - rR,t- :,j
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23 & Chapter 24
DIVISION OR ARTICLE TO BE MODIFIED: Article XI
SECTION(S) PROPOSED TO BE MODIFIED: Multiple Sections in Chapter 23 and
Chapter 24
RATIONALE FOR MODIFICATION:
The proposed change will make our Floodplain Ordinance less restrictive than CWCB.
PROPOSED MODIFICATION(S):
Sec. 23-11 -410. Appeal of FLOODPLAIN ADMINISTRATOR'S administrative decision.
Appeal of any FLOODPLAIN ADMINISTRATOR'S administrative decision regarding the eti
application or interpretation of this ORDINANCE shall be addressed pursuant to Section 2-4-10 0
of this Code. -o
0
Change to: t
Sec. 23-11 -410. Appeal of FLOODPLAIN ADMINISTRATOR'S administrative decision.
e.Appeal
of any FLOODPLAIN ADMINISTRATOR'S administrative decision regarding the
application or interpretation of this ORDINANCE shall be addressed pursuant to Section 23-11 -
' 410 of this Code. F
23-11 -310.
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any
crawlspace or BASEMENT. Any floor used for living purposes which includes working,
storage, sleeping, cooking and eating, or recreation, or any combination thereof. This includes
any floor that could be converted to such a use such as a BASEMENT or crawlspace. Any
unfinished or FLOOD resistant enclosure, useable solely for parking or vehicles, BUILDING
access, or storage in an area other than a BASEMENT area is not considered a BUILDING'S
LOWEST FLOOR; provided that such enclosure is not built so as to render the STRUCTURE in
violation of the applicable non-elevation requirement of 44 CFR 60.3.
CRAWL SPACE: shall mean any unfinished area of a building having its improved or
p
unimproved floor subgrade (below ground level) on all sides and the interior height of which ,
measured from the lowest interior grade to the highest point of the foundation , is four (4) feet or
less. CRAWL SPACE shall be constructed to be in compliance with FEMA Technical Bulletin
(TB) 11 .
23-11 -330.A.
Per 44CFR 60. 3(b), maintain and hold open for public inspection all records pertaining to the
provisions of this ORDINANCE , including the actual elevation in relation to MEAN SEA LEVEL
of the LOWEST FLOOR including crawispace or BASEMENT of all new or SUBSTANTIALLY
IMPROVED STRUCTURES and FLOODPROOFING certificates as required by this
ORDINANCE.
23-11 -360.J.
Per CWCB FLOODPLAIN Rule 11 , a FLOODPLAIN DEVELOPMENT PERMIT shall not be
issued for the construction of a new STRUCTURE or ADDITION to an existing STRUCTURE on
a property removed from the FLOODPLAIN by the issuance of a FEMA LOMR-F, if the
LOWEST FLOOR ELEVATION , including the BASEMENT-sr crawispace, is less than one foot
(twelve ( 12) inches) above the BASE FLOOD ELEVATION that existed prior to the placement of
FILL.
23-11 -370.A.
Per 44CFR 60 . 3(b) and CWCB FLOODPLAIN Rule 11 , all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the LOWEST
FLOOR (including BASEMENT or crawispace), ELEVATED a minimum of one foot above the
BASE FLOOD ELEVATION . Upon completion of the STRUCTURE , the elevation of the
LOWEST FLOOR, including BASEMENT or crawispace, shall be certified by a registered
Colorado land surveyor. The certificate shall utilize FEMA's Elevation Certificate and must
include all information requested on the Elevation Certificate.
23-11 -370. B.
Per 44CFR 60. 3(b) . with the exception of CRITICAL FACILITIES , all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any commercial . industrial , or other non-residential
STRUCTURES shall either have the LOWEST FLOOR (including BASEMENT- or crawispace)
ELEVATED a minimum of one foot above the BASE FLOOD ELEVATION or, together with
attendant utility and sanitary facilities, be designed so that at one foot above the BASE FLOOD
level , the structure is WATERTIGHT with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. A registered professional engineer or
architect licensed in the State of Colorado shall develop and/or review structural design ,
specifications, and plans for construction , and shall certify that the design and methods of
construction are in accordance with accepted standards of practice.
23-11 -380. E. 1 .
All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential
STRUCTURES shall have the LOWEST FLOOR (including BASEMENT or---crawispace)
ELEVATED above the HIGHEST ADJACENT GRADE at least one foot above the depth number
specified in feet on the FIRM . If no depth number is provided on the FIRM , the LOWEST
FLOOR (including BASEMENT or crawl-space) shall be a minimum of three (3) feet above the
HIGHEST ADJACENT GRADE . Upon completion of the STRUCTURE, the elevation of the
LOWEST FLOOR, including the BASEMENT or crawispace, shall be certified by a registered
Colorado Land Surveyor. Such certification shall be submitted to the FLOODPLAIN
ADMINISTRATOR.
23-11 -380. E.2.
With the exception of CRITICAL FACILITIES , all NEW CONSTRUCTION or SUBSTANTIAL
IMPROVEMENT of any commercial, industrial , or other non-residential STRUCTURES shall
either have the lowest floor (including BASEMENT or crawispace) ELEVATED a minimum of
I
one foot above the BASE FLOOD ELEVATION (at least three (3) feet if no depth number is
specified) or, together with attendant utility and sanitary facilities, be designed so that at one
foot above the BASE FLOOD level , the structure is WATERTIGHT with walls substantially
impermeable to the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered
professional engineer or architect licensed in the State of Colorado shall develop and/or review
the structural design . specifications, and plans for the construction , and shall certify that the
design and methods of construction are in accordance with accepted standards of practice.
Changes to Chapter 24
Sec. 24-7-150. Flood hazard overlay district requirements.
If a subdivision or portion of a proposed subdivision is located in a flood hazard overlay district
area, all applicable regulations of Chapter 23 of this Code shall be met.
Change to:
Sec. 24-7-150. Special Flood Hazard Area .
If a subdivision or portion of a proposed subdivision is located in a Special Flood Hazard Area, all
applicable regulations of Chapter 23 of this Code shall be met.
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