HomeMy WebLinkAbout20141148.tiff 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,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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
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Steve Moreno.. Clerk and Recorder. Weld County. CO
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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
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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.
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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.
The above and foregoing Ordinance Number 2014-5 was, on motion duly made and
seconded, adopted by the following vote on the 9th day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
EELLD COUNTY, COLORADO
-777
ATTEST: L ;� Chair
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CV! Douglas IRadema9eV Chair
Weld County Clerk to the Boa
SiLas i (L. u / /
p; 'Barbara Kirkme er, Pro-Te
BY: st. . 'P �1i N', ,R ,�.' ••= �,
Dept yClerk to the ria
Rcan . Conway
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APPROVED AS TO FORM:
erb� n Mi e Fr
Le_etic_
rt• County Attorney
Wi ism mF. Garcia
First Reading: February 26, 2014
Publication: March 5, 2014, in the Greeley Tribune
Second Reading: March 17, 2014
Publication: March 26, 2014, in the Greeley Tribune
Final Reading: April 9, 2014
Publication: April 16, 2014, in the Greeley Tribune
Effective: April 21, 2014
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Steve Moreno, Clerk and Recorder, Weld County, CO
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