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WELD COUNTY
CODE ORDINANCE 2002-1
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, WELD
COUNTY CHARTER SECTION, CHAPTER 2 ADMINISTRATION, CHAPTER 5 REVENUE
AND FINANCE, CHAPTER 8 PUBLIC WORKS, AND APPENDICES 5-A, 5-D, 5-I, 5-G, AND
8-D, 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 Board has previously adopted Weld County Code Ordinances 2001-1
through 2001-8 amending certain sections and chapters of said Weld County Code, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirement 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and hereby are, repealed and re-enacted, with amendments, and the various chapters are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.
WELD COUNTY CHARTER
Add changes to the Weld County Charter Section, made effective by the November 6, 2001,
General Election.
CHAPTER 2
ADMINISTRATION
Add Section 2-12-130. Policy for Use of Meeting Rooms.
A. It is the policy of the Board of County Commissioners to allow use of the meeting room
at the Southwest Weld County Services Center on a cost basis to community groups
when such does not interfere with regular County sponsored activities.
B. The Board of County Commissioners does not intend to compete with persons who
have space to rent. No group is entitled to the continuous or intermittent use of the
Meeting Room. There is no obligation on the part of the County to make the Meeting
Room available to groups for strictly personal or commercial purposes.
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C. The use of the Meeting Room shall be denied to groups who, in the judgment of the
County Commissioners, have as their purpose:
1. To advocate or foment racial or religious prejudices.
2. To advance any doctrine or theory subversive to the Constitution or laws of the
State of Colorado or the United States.
3. To advocate social or political change by force or violence.
D. Use of the Meeting Room.
1. All groups sponsoring meetings in the Meeting Room shall schedule use of the
room through the Weld County Personnel Services Department, Room 202 Weld
County Centennial Center, 915 10th Street, Greeley, Colorado. (970) 336-7220.
2. Any activities sponsored by County government may be conducted in the
Meeting Room at no cost.
3. The rate on the rental schedule in this article shall be charged to all sponsored
groups other than County-sponsored groups using the room after regular hours.
Regular working hours are defined as 8:00 a.m. to 5:00 p.m. Monday thru Friday.
4. No alcoholic beverages will be permitted upon the premises.
5. The sponsoring group shall, at the end of use, remove all supplies, materials,
refuse and any other materials from the leased space, and shall leave the
premises in a condition reasonably similar to the condition in which the premises
were rented. If any damage is done to the property by any person with the
sponsoring group, the damage shall be repaired and the damage deposit will be
used to defray the expenses thereof. The balance, if any will be refunded to the
sponsoring group. If no damage is done the entire deposit will be refunded.
6. The user must notify the County employee in attendance when the Meeting
Room has been cleared.
E. Fees. See Appendix 5-A, Commercial Rental Schedule.
F. Waiver of Rental Fees.
1. The Board of County Commissioners may waive building rental fees for
recognized nonprofit organizations, excluding religiously affiliated groups,
provided that the organization is putting on a public event as follows:
a. The event is of specific benefit to County citizens.
b. The event provides a public service or public information to County
citizens.
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c. The event is a fund raiser for a charitable purpose potentially benefitting
County citizens.
2. The nonprofit organization must pay a damage deposit and any and all
damages, plus janitorial costs associated with the activity.
CHAPTER 5
REVENUE AND FINANCE
Amend Appendix 5-A, Commercial Rental Schedule, as attached
Add fee schedule for the Weld County Business Hazardous Waste Assistance Program to
Appendix 5-G, Department of Public Health and Environment Fees, to be effective with the
beginning of said program on February 1, 2002.
Add fee for Temporary Assemblage License, which was unintentionally omitted from the Weld
County Code, to Appendix 5-D, page number Appx 5-6, Weld County Government Fees.
Correct fee for Marriage License, as listed on Appendix 5-I, Clerk and Recorder Fees.
CHAPTER 8
PUBLIC WORKS
Amend Section 8-6-100, Fugitive dust control policy, as follows:
Sec. 8-6-100. Gravel Road Fugitive Particulate Emissions Policy and Procedure.
A. General. Growth throughout Weld County has led to increase vehicular traffic on
all roadways under the county's jurisdiction. Increased traffic on unpaved
County roads has resulted in dissatisfaction with the levels of fugitive particulate
emissions caused by vehicles traveling those roadways. The County must also
make reasonable efforts within budgetary constraints to comply with regulations
established by the State Air Quality Control Commission regarding this issue. In
an effort to reasonably comply with air quality regulations, the policies and/or
procedures set forth in this Section will be adhered to when considering requests
for fugitive dust abatement.
B. Responsibility for Fugitive Dust. Weld County maintained roadway segments
with Annual Average Daily Traffic (AADT) volumes exceeding 200 vehicles per
day should be treated to inhibit fugitive dust at the expense of the County subject
to available budgetary appropriations. The process for the determination of
qualifying AADT volumes will be as outlined in "PROCEDURES FOR
DETERMINATION OF TRAFFIC VOLUMES IN CONJUNCTION WITH
FUGITIVE DUST ISSUES" in this policy. Roadway segments with AADT
volumes below 200 vehicles per day may also be treated for fugitive dust at the
expense of property owners in accordance with Subsection E of this Section.
C. Procedures for Determination of Traffic Volumes in Conjunction with Fugitive
Dust Issues.
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1. Routine Counts. Traffic counts will be taken every three years on
approximately 1500 miles of gravel roadway segments in areas of the
County which are determined by Weld County to have significant growth
trends. When the forty-eight hour counts indicate raw traffic volumes are
near or more than 200 vehicles per day, the counters will remain in place
for up to 72 consecutive hours.
2. Counts to Determine Eligibility for Fugitive Dust Control. When a request
is made for traffic counts on a roadway segment to determine its
eligibility for fugitive dust control, the count will be performed, unless, as
determined by Weld County:
a. An existing AADT of less than 150 vehicles per day was
performed in the last 12 months.
b. There are no known new permanent traffic generators using the
roadway segment which would cause an increase in traffic
volumes to or in excess of 200 vehicles per day.
3. Traffic Count Procedure. All traffic counts will be taken over a period of
seventy-two consecutive hours, averaged to establish a daily volume, and
adjusted for seasonal usage using the attached seasonal adjustment
factor set forth in Appendix 8-D. The resulting Annual Average Daily
Traffic (AADT) volume will serve as a guideline to determine eligibility for
County funded fugitive dust control mitigation. If the AADT count
exceeds 200 vehicles per day, the roadway segment will be recounted in
90 calender days using the methods noted above to confirm the original
count. If this count is significantly below the 200 vehicles per day AADT,
the roadway may not be treated by the County for fugitive dust control.
When the County determines the use of weekend or partial weekend
counts could assist in establishing a representative average daily traffic
count when factored with weekday counts, the 72-hour count may include
those time periods.
D. Determination of Fugitive Dust Control Mitigation. When a roadway segment
meets the criteria for County mitigation, the County may, when practical and
within budgetary constraints, select one of the following alternatives to mitigate
fugitive dust:
1. Surface treatment using dust control agents with a frequency of no more
than two applications per year at the County's discretion.
2. Six inch stabilized aggregate base using dust control agents.
3. Paving, based upon qualification though the Capital Improvement Project
prioritization process.
4. Speed limit reductions.
5. Periodic watering.
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The mitigation alternative and time of implementation will be based on budget and
seasonal constraints. The County will confirm the need for continued mitigation on roadway
segments by conducting annual traffic counts using the procedures noted above and
maintaining historical traffic count records. Should the AADT on a road segment fall below 200
vehicles per day, dust control mitigation may be discontinued by decision of the Board of
County Commissioners.
E. Private application. The County has no objection to individuals applying dust
control chemicals to County roads at their own expense, provided that they
agree to the following conditions:
1. Chemicals used for dust control may not contain any hazardous
substances as defined in Section 29-22-101, C.R.S. Individuals are
advised that petroleum products, whether commercially processed or not,
may contain hazardous substances.
2. Used oil may not be used.
3. Dust control chemicals must be applied in such a manner that will not
contaminate any waters of the State. Therefore, any materials which
may wash from the roadbed will not be suitable.
4. The County will make every effort not to disturb the section of road which
has been treated with dust control chemicals. It will be the County's
decision at what point the roadway must be graded to restore a
reasonable travel surface. The County will not be responsible for
reapplying dust control chemicals.
5. All dust control agents used on County roads shall be approved for use
by the Department of Public Health and Environment and the Department
of Public Works. Currently, the materials listed in Appendix 8-D of this
Chapter are approved for use. The County reserves the right to add or
delete materials from the approved list at any time without prior notice.
The application of any substance to a County road for purposes of dust
control, not specifically identified in the approved list of materials, shall be
approved for use in writing from the Department of Public Health and
Environment and the Department of Public Works prior to its application.
6. The County will grade the roadbed prior to the application of dust control
chemicals at no cost to the individual.
Amend Section 8-6-150. Road acceptance policy, as follows:
Sec. 8-6-150. Road acceptance policy.
The County does not maintain private roads, lanes or driveways. (See Article I, Sec. 8-
1-30. Snow Removal Plan A, F., Operations, 7: Snow Policy) The sponsor(s) of the roadway
project desiring to obtain County maintenance shall first address such request to the Board of
County Commissioners for its consideration at one of its regularly-scheduled business
meetings. The sponsor(s) shall be responsible to pay the entire cost of notification to owners
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and/or occupants of lands lying adjacent to the roadway. Such notification shall include a
description of the request and shall set forth the time and place of the Board consideration.
Before a public road can be accepted by the Board of County Commissioners for maintenance,
the road must meet the following minimum conditions:
A. The road right-of-way shall be dedicated or otherwise secured to the satisfaction
of Weld County for use by the public and maintenance by the County.
B. The road right-of-way shall be clearly staked and flagged for construction
purposes by a licensed land surveyor. The surveyor shall notify the Department
of Public Works, in writing, when the staking is completed.
C. The width of the right-of-way cannot be less than sixty (60) feet.
D. The road shall serve a minimum of three (3) legal lots, which must have
residential dwellingsto be considered for acceptance. Properties abutting the
intersection of the road under consideration for acceptance and an existing
publicly maintained road do not count toward the required three (3) lots.
E. The minimum road width shall be a minimum of 26 feet of graveled surface or
meet the minimum design guidelines for the anticipated traffic on the roadway
segment being considered.
F. .The following shall be the minimum acceptable standards before a road is
accepted for maintenance:
1. The roadway cross slope, from center line, shall be not less than three
percent.
2. Borrow ditches shall be a minimum of 24 inches deep with 3:1 side
slopes and graded to provide adequate drainage.
3. All side road borrow ditches shall be sufficient to carry the five-year storm
or be a minimum of an 18" diameter culvert as determined by the Director
of Public Works. Cross road drainage structures shall be sufficient to
carry the ten-year storm or be a minimum of an 18 inches culvert as
determined by the Director of Public Works.
4. The Department of Public Works shall test and inspect the roadbed
subgrade for structural adequacy and acceptable materials. The
subgrade shall be compacted to ninety five (95) percent of AASHTO
Standard Proctor T-99 (Method A) or other compaction standards
previously approved by the Director of Public Works.
F. A minimum of four inches of compacted gravel meeting Colorado Department of
Transportation specifications for Class VI material must be provided on the
traveled surface. The gravel shall be compacted in accordance with AASHTO
Standard Proctor T-99 (Method D) requirements.
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G. The road cannot be fenced or gated. If cattle have cross access to the roadway,
a cattle guard shall be installed in accordance with the County cattle guard
policy.
H. If a fence exists along the section line on which the road is to be built, relocation
of the fence(s) to the road right-of-way lines shall be the responsibility of the
sponsor(s) of the roadway project.
Reimbursement by the sponsor(s) of the roadway project shall be made for
acreage within the road right of way included in an adjacent property
Conservation Reserve Program (CRP) crop or which has an unharvested annual
crop demolished by the roadway construction project.
J. The sponsor(s) of the roadway project shall be responsible for all costs
associated with construction of the road.
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
sub-sections 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 sub-sections 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.
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The above and foregoing Ordinance Number 2002-1 was, on motion duly made and
seconded, adopted by the following vote on the 25th day of March, A. D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT , COLORADO
r
ATTEST:
Glen aad, C ai
Weld County Clerk to the Board
G9 David E. Lon , Pro-Tem
BY: . /��
Deputy Clerk to the Board
M. J. eile
ASP ED RM: ` / <(
William H. Jerke
u Attor ey EXCUSED
Robert D. Masden
Publication: January 30, 2002
First Reading: February 13, 2002
Publication: February 20, 2002, in the Tri-Town Farmer and Miner
Second Reading: March 4, 2002
Publication: March 13, 2002, in the Tri-Town Farmer and Miner
Final Reading: March 25, 2002
Publication: April 3, 2002, in the Tri-Town Farmer and Miner
Effective: April 8, 2002
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APPENDIX 5-A
COMMERCIAL RENTAL SCHEDULE
BOARD'S CHAMBER ROOM
$30.00 per hour
$50.00 Damage and Cleaning Fee will be applied to rental charges if everything is left in a satisfactory
condition.
A County employee responsible for the building must be present during weekend events. The employee
will be paid $17.50 per hour by sponsoring group prior to the opening of event.
Any County labor provided beyond routine service will be charged on a cost recovery basis determined
by the County.
Recognized Weld County government groups shall not be charged the above fees for use for County
business.
WELD COUNTY TRAINING CENTER
$50.00 per hour
$100.00 Refundable Cleaning Deposit
Any damage to the facility will be charged on a cost recovery basis determined by the County.
A County employee responsible for the building must be present during weekend events. The employee
will be paid $17.50 per hour by the sponsoring group prior to the opening of the event.
Recognized Weld County Government groups shall not be charged the above fees for use for County
business.
SOUTHWEST WELD COUNTY SERVICES CENTER
$30.00 per hour
A damage and cleaning fee of fifty($50.00)will be applied to the rental charges if everything is left in a
satisfactory condition.
A County employee responsible for the building must be present during events.
Any County labor provided beyond routine service will be charged on a cost-recovery basis determined
by the Director of General Services.
CENTENNIAL CENTER PARKING
Inside Parking space Passenger cars, Pickups, Vans $12.50 per month
Motorcycles 6.25 per month
No charge for employees working shifts 5:00 p.m. to 8:00 a.m.,
department heads, elected officials or chief deputies.
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ADDITION TO APPENDIX 5-D
WELD COUNTY GOVERNMENT FEES
Service Provided Fee Established
30. Temporary Assemblage Permit issued by the Board of
County Commissioners $100.00 per day
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APPENDIX 5-I
CLERK AND RECORDER FEES
Description Fee
GENERAL RECORDING $ 5.00 per side of page to be recorded
EXCEPTIONS:
Oversized Pages (Larger than 8'/ X 14) $ 10.00 per side of page to be recorded
Redemption Certificates $ 5.00
Federal Tax Liens and Releases $ 5.00
Documentary Fee on all documents granting or conveying $ .01 per$100.00 consideration,if
title to real property per§39-13-102, C.R.S. consideration is greater than$500.00
MARRIAGE LICENSE(Cash only) $ 10.00
COPY OF MARRIAGE LICENSE $ 3.00
COPIES:
Per Page $ 1.25
Oversized Pages(Larger than 8'/ X 14) $ 5.00
Certification—Per Document $ 1.00
MICROFILM FEES
Microfilm Roll— 16 mm or 35 mm film $ 20.00
PRECINCT LOCATOR $ 30.00
VOTER REGISTRATION LIST
Base Sort Charge $ 50.00
Additional Charge per Page
1 copy,per page $ .05
2 copies,per page $ .06
3 copies,per page $ .07
4 copies,per page $ .08
Diskette (per name) $ .001
BURSTING OF REGISTRATION LIST
Select Precinct—per copy $ .10
Entire File—per copy $ .20
ADDRESS LABELS
Base Sort Charge $ 50.00
Additional charge per label $ .02
METES AND BOUNDS DESCRIPTIONS $ 5.00
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- APPENDIX 5-I(cont'd)
Description Fee
SUBSCRIPTIONS
Deed Report $200.00
Compact Disc
Daily $ 10.00
Weekly $ 25.00
Monthly $100.00
Paper Reports—per page $ .05
ELECTION FEES
Voter Certification $ 1.00
Voter Address Labels
(Setup payable with order) $ 50.00
per label $ .02
Voter List on Disc
(Setup payable with order) $ 50.00
per name(list is in ASCI format) $ .001
Voter List on Paper
(Setup payable with order) $ 50.00
per page $ .05
Locator(each) $ 30.00
Maps(each) $ 2.00
Copies(per page) $ 1.25
Certified copies(per page) $ 2.25
Election Results
If received on election night No Charge
Received after election night(per page in advance) $ 1.25
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ADDITION TO APPENDIX 5-G
FEES FOR WELD COUNTY BUSINESS HAZARDOUS WASTE ASSISTANCE PROGRAM
WASTE STREAM COST/POUND COST/CONTAINER
Paint related material (flammable,oil-
based, mineral spirits, alkyd tar,fiber
roof coating)and chlorinated solvents $312.00/55 gallon drum
(carburetor cleaner, perchloroethylene).
Items that will be left in the container. $312.00/30 gallon drum
$78.00/5 gallon drum
$9.75/gallon
$1.95/quart
Latex paint,joint compound,spackle,
and other related water-based material
$ .41 /pound $273.00/55 gallon drum
Flammable liquids (gasoline,diesel,
kerosene, lamp fuel,thinner, linseed
oil). Bulkable material. $ .71 /pound $312.00/55 gallon drum
Poisons(pesticides, insecticides, $312.00/55 gallon drum
herbicides, rodenticides, ant poisons,
inorganic and organic mercury) $1.50/pound $312.00/30 gallon drum
$53.00/5 gallon drum
Acids(pH <7.0) (muriatic, hydrochloric, $312.00/55 gallon drum
sulfuric, battery, acetic, boric,citric)
$1.50/pound $312.00/30 gallon drum
$53.00/5 gallon drum
Bases(alkalines)(pH >7)(sodium $312.00/55 gallon drum
hydroxide, drain cleaners)
$1.50/pound $312.00/30 gallon drum
$53.00/5 gallon drum
Oxidizers(nitrates, hypochlorites, $312.00/55 gallon drum
peroxides)
$1.50/pound $312.00/30 gallon drum
$53.00/5 gallon drum
Aerosol cans,fire extinguishers,
compressed gas tanks(acetylene,
hydrogen,oxygen, propane, nitrogen). $ .50/pound $1.00/standard aerosol can
Gas grill size or smaller.
(for containers other
than aerosol cans)
Motor oil, PSF,ATF, brake fluid, $40.00/55 gallon drum
grease,gear lube,2-cycle oil,gear
cuffing oil. Must not be contaminated $25.00/30 gallon drum
with water,antifreeze,or gasoline.
$2.00/5 gallon drum
$ .50/gal for 1 gallon can
$ .20/quart
$1.00/gallon if there are
contaminants in the oil such as
water, dirt,or rags
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ADDITION TO EXHIBIT 5-G (cont'd)
WASTE STREAM COST/POUND COST/CONTAINER
Filters(oil,fuel, hydraulic,and air)
$ .50/each
Antifreeze $50.00/55 gallon drum
$ .11 /pound $ .91 /gallon
Batteries (lead-acid)
$ .05/pound
All other batteries Alkaline batteries $0.70/lb Ni-Cad $1.00/lb
Button batteries $0.70/lb Lithium $7.50/lb
Mercury containing lamps' $ .10/foot
(Other types of bulbs on request) (straight linear bulbs)
PCB ballasts (polychlorinated biphenyl $312.00/55 gallon drum
containing materials)
$ .62/pound $312.00/30 gallon drum
$53.00/5 gallon drum
Generators of used lamps are responsible for determining if their lighting wastes are hazardous.
If the lighting wastes have not been tested to show that they are not hazardous,or if the generator
doesn't have other supporting data such as manufacturer's information,then the generator should
assume the lights are hazardous and manage them as hazardous waste.
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APPENDIX 8-D
DUST CONTROLS AND SEASONAL ADJUSTMENT FACTOR
The following dust control agents are approved for use by the Department of Public Health and
Environment and the Department of Public Works:
1. Potable water or natural ground water
2. Magnesium chloride
3. Calcium chloride
The seasonal adjustment factor to be used in a traffic count is the following:
SEASONAL ADJUSTMENT
FACTOR
Annual Average Daily Traffic
Month Week No. Factor
January 1
2 1.2
3
4
5
February 6
7
8
9
March 10
11
12 1.1
13
14
April 15
16 1.0
17
18
May 19
20
21
22 0.9
23
June 24
25
26
27
July 28 0.8
29
30
31
August 32
33
34
35
36
September 37 0.8
38
39
• 40
October 41
42 0.8
43
44
November 45
46
47 1.1
48
49
December 50
51 1.2
52
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