HomeMy WebLinkAbout20110917.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2011-2 was introduced on
first reading on February 28, 2011, and a public hearing and second reading was held on
March 21, 2011. A public hearing and final reading was completed on April 11, 2011, with no
change being made to the text of said Ordinance, 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 in the Weld County Centennial Center, 915 10th Street, Third
Floor, 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. 2011-2
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, AND CHAPTER 20 ROAD IMPACT
FEES, OF THE WELD COUNTY CODE
EFFECTIVE DATE: April 25, 2011
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 15, 2011
PUBLISHED: April 20, 2011, in the Fort Lupton Press
«0//-09/7
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick,do solemnly swear that I am the Publisher NOTICE OF FINAL READING OF
of the Fort Lupton Press that the same is a weekly ORDINANCE
newspaper printed and published in the County of Weld, Pursuant to the Weld County Home
State of Colorado, and has a circulation therein; Rule Charter, Ordinance Number
general 2011-2 was introduced on first
that said newspaper has been published continuously and reading on February 28,2011, and
a public hearing and second reading
uninterruptedly in said county of Weld for a period of more was held on March 21, 2011. A
than fifty-two consecutive weeks prior to the first public hearing and final reading was
y completed on April 11,2011,with no
publication of the annexed legal notice or advertisement; change being made to the text of
said Ordinance,and on motion duly
that said newspaper has been admitted to the United made and seconded,was adopted.
States mails as second-class matter under the provisions Effective date of said Ordinance is
listed below. Any backup material,
of the act of March 3, 1879, or any amendments thereof, exhibits or information previously
submitted to the Board of County
and that said newspaper is a weekly newspaper duly Commissioners conceming this
qualified for publishing legal notices and advertisements matter may
the clerk be examined oardt of
within the meaning of the laws of the State of Colorado. County Commissioners, located in
the Weld CountyCentennial Center,
That the annexed legal notice or advertisement was 915 10th Street,Third Floor,Greeley,
ublished in the re ular and entire issue of every number 9 Colorado,between the hours of 8:00a.m. and 5:00 p.m., Monday thru
of said weekly newspaper for the period of ONE Friday,or may be accessed through
the Weld County Web Page(www.
consecutive insertion(s); and that the first publication of co.weld.co.us. .E-Mail messages
said notice was in the issue of newspaper, dated 20th day sent to an individual Commissioner
may not be included in the case file.
of APRIL 2011, and the last on the 20th day of APRIL To ensure inclusion of your E-Mail
correspondence into the case file,
2011 please send a copy to egesick@
co.weld.co.us.
ORDINANCE NO. 2011-2
ORDINANCE TITLE: IN THE
MATTER OF REPEALING
AND REENACTING,WITH
AMENDMENTS,CHAPTER 5
Publisher, Subscribed and sworn before me, this 20th REVENUE AND FINANCE,AND
day of, APRIL 2011 CHAPTER 20 ROAD IMPACT
FEES,OF THE WELD COUNTY
CODE
IIV EFFECTIVE DATE: April 25,2011
efS 'W t IC. BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,COLORADO .
DATED: April 15,2011
\ PUBLISHED: ApdI 20,2011,in the
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I r )+ Fort Lupton Press
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My Commission Expires :9\S9C 1J4
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2011-2 was introduced on
first reading on February 28, 2011, and a public hearing and second reading was held on
March 21, 2011, with no changes 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, First Floor Hearing
Room, 915 10th Street, Greeley, Colorado 80631, on April 11, 2011. 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 in the Weld County Centennial Center, 915 10th Street, Third
Floor, 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. 2011-2
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, A PORTION OF CHAPTER 5 REVENUE AND FINANCE AND CHAPTER 20
ROAD IMPACT FEES, OF THE WELD COUNTY CODE
DATE OF NEXT READING: April 11, 2011, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 25, 2011
PUBLISHED: March 30, 2011, in the Fort Lupton Press
2011-0917
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein; NOTICE OF SECOND CREADING
OF that said newspaper has been published continuously and Pursuant to the Weld County Home
Rule Charter, Ordinance Number
uninterruptedly in said county of Weld for a period of more 2011-2 was introduced on .first
than fifty-two consecutive weeks prior to the first fang'°^Fetmary'28,•20111 ane'-
publication of the annexed legal notice or advertisement; wasbheldeon k1arch d second1, 2011;with
that said newspaper has been admitted to the United no changes being made to the text
of said Ordinance. Apublic hearing
States mails as second-class matter under the provisions and third reading is scheduled to be
held in the Chambers of the Board,
of the act of March 3, 1879, or any amendments thereof, First Floor Hearing Room,915 10th
and that said newspaper is a week) newspaper Street, Greeley, Colorado 80631,
Yduly on April 11,2011. All persons in any
qualified for publishing legal notices and advertisements manner interested in the next reading
9 of said Ordinance are requested to
within the meaning of the laws of the State of Colorado. attend and may be heard.
Please contact the Clerk to the
That the annexed legal notice or advertisement was Board's Office at phone (970)
published in the regular and entire issue of every number (9 O)352 p t Extension 4225, or fax
of the heating prior to the day
of said weekly newspaper for the period of ONE disability, you fas
require result
reasonable
consecutive insertion(s); and that the first publication of accommodations in order to
to participate in this hearing.
said notice was in the issue of newspaper, dated 30 day Any backup material, exhibits or
of MARCH 2011, and the last on the 30th day of MARCH information preously submitted to
the Board of County Commissioners
concerning this matter may be
2011 examined in the office of the
� Clem to the Board nf County
(//p,'".`- ( / Commissioners,located in the Weld
County S Street,
hnial Center, 915
\ C1olorado,
Street, Third Floor, Greeley,
b Colorado,between the hours of 8:00
•
a.m. and 5:00 p.m„ Monday thru
Publisher, Subscribed and sworn before me, this 30th Friday,or may be accessed through
day of, MARCH 2011 the Weld County Web Page (www.
co.weld.co.us). E-Mail messages
//�� sent to an individual Commissioner
Z may not be included einto
in the case file.
To ensure inclusion of your E-Mail
otary ublic. correspondence
send a copy tto ee gesicka
co.weld.co.us.
- .. ORDINANCE NO. 2011-2
ORDINANCE TITLE: IN THE
/r^v t i- MATTER OF REPEALING
AND r, REENACTING, WITH
AMENDMENTS, A PORTION OF
CHAPTER 5 REVENUE AND
FINANCE AND CHAPTER 20
ROAD IMPACT FEES, OF THE
WELD COUNTY CODE
r,:, ,� DATE OF NEXT READING: April
11 2011,at 9:00 a.m.
-*/
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,COLORADO
DATED: March 25,2011
PUBLISHED: March 30, 2011, in
the Fort Lupton Prase
My Commission Expires : ;\&C Lf
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WELD COUNTY
CODE ORDINANCE 2011-2
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,A PORTION OF
CHAPTER 5 REVENUE AND FINANCE AND CHAPTER 20 ROAD IMPACT FEES,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 5
REVENUE AND FINANCE
Delete Article VIII (Sec. 5-8-10 through Sec. 5-8-60), and Appendix 5-N.
Amend #28 in Appendix 5-D -ATTACHED
Repeal and reenact Appendix 5-J and 5-K -ATTACHED
CHAPTER 20
IMPACT FEES
Repeal and Reenact, with Amendments, Chapter 20.
Sec. 20-1-10. Findings.
A. The State Demographers Office projects that there will be a significant amount of new
growth and development in Weld County over the next twenty(20)years, both county-wide
and in the unincorporated area.
B. Projected new growth and development in the county will require a substantial expansion in
roads, drainage infrastructure, and County facilities if existing levels of service are to be
maintained.
C. Under the current fiscal structure, additional revenues generated by the projected new
growth and development in the county will not be adequate to fund the needed capital
improvements necessary to accommodate the projected new growth and development if
existing levels of service are to be maintained.
D. In order to address this problem, the Board of County Commissioners has determined that
new land development activity shall bear a proportionate share of the cost of the provision of
new road, drainage and County facilities capital improvements required by such
development.
E. The Board of County Commissioners has determined that the imposition of road,drainage,
and County facilities impact fees are one of the preferred methods of regulating land
development in order to ensure that new development bears a proportionate share of the
costs of the capital improvements necessary to accommodate new development while at the
same time maintaining the existing levels of service and promoting and protecting the public
health, safety and welfare.
F. The Board of County Commissioners has the authority to adopt impact fees pursuant to the
Colorado Constitution and Section 29-20-104.5, C.R.S.
G. In order to implement this policy, the County has adopted this Chapter 20 establishing the
road, drainage, and County facilities impact fees.
H. The road, drainage, and County facilities impact fees assist in the implementation of, and
are consistent with,the Weld County Comprehensive Plan found in Chapter 22 of this Code.
No individual landowner is required to provide any dedication or improvement unless credit
against the appropriate impact fee is provided to meet the same need for capital facilities for
which the road, drainage and County facilities impact fees are imposed pursuant to the
terms of this Chapter 20.
Sec. 20-1-20. Short title, authority and application.
A. Title. This Chapter shall be known and may be cited as the "Weld County Impact Fee
Ordinance."
B. Authority. The Board of County Commissioners has the authority to adopt this Chapter 20
pursuant to the Colorado Constitution and Section 29-20-104.5, C.R.S.
C. Application. This Chapter 20 shall apply to all lands within the unincorporated portion of the
County.
D. Time of Collection. Collection of the impact fee imposed herein shall occur at the time of, or
prior to, the issuance of a building permit, as allowed pursuant to Section 29-20-104.5(6),
C.R.S.
Sec. 20-1-30. Intent and purpose.
A. Intent. This Chapter 20 is intended to implement, and be consistent with, the Impact Fee
Study prepared by Duncan Associates in October, 2010, or a subsequent,similar study,and
the Weld County Comprehensive Plan found in Chapter 22 of this Code.
B. Purpose. The above-stated intent is accomplished in this Chapter 20 by the establishment
of a system for the imposition of impact fees to assure that new development contributes its
proportionate share of the cost of providing, and benefits from the provision of, the capital
improvements required to provide new development with the same level of service currently
enjoyed by existing development.
Sec. 20-1-40. Rules of construction.
For the purposes of the administration and enforcement of this Chapter 20, unless otherwise
stated in this Chapter, the following rules of construction shall apply:
A. In case of any difference of meaning or implication between the text of this chapter and any
caption, illustration, summary table, or illustrative table, the text shall control.
B. The word "shall" is always mandatory and not discretionary and the word "may" is
permissive.
C. Words used in the present tense shall include the future; and words used in the singular
shall include the plural and the plural the singular, unless the context clearly indicates the
contrary; use of the masculine gender shall include the feminine gender.
D. Unless the context clearly indicates the contrary, where a regulation involves two or more
items, conditions, provisions, or events connected by the conjunction "and," "or," or
"either...or," the conjunction shall be interpreted as follows:
1. "And" indicates that all the connected terms, conditions, provisions or events shall
apply.
2. "Or" indicates that the connected items, conditions, provisions or events may apply
singly or in any combination.
3. "Either . . . or" indicates that the connected items, conditions, provisions or events
shall apply singly but not in combination.
E. The word"includes"shall not limit a term to the specific example but is intended to extend its
meaning to all other instances or circumstances of like kind or character.
F. All time periods contained within this Chapter 20 shall be calculated on a calendar day basis,
including Sundays and legal holidays, but excluding the date of the decision in the event of
an appeal. In the event the due date falls on a Sunday or legal holiday,the due date shall be
extended to the next business day.
Sec. 20-1-50. Definitions.
Certain words or phrases unique to this Chapter 20 shall be construed as herein set out
unless it is apparent from the context that they have a different meaning.
Agricultural commercial means, for the purposes of this Chapter 20: (1) agricultural
processing facilities for produce or livestock; (2) intensive, factory-style production of animals or
animal products; or(3)commercial uses serving the agricultural sector(but does not include office
uses). Typical uses include feedlots, dairies, factory farms, sales of agricultural equipment or
supplies, commercial agricultural storage facilities, agri-entertainment facilities (i.e., roping arena,
corn mazes, etc.), and similar uses.
Building permit means a building permit issued in accordance with Chapter 29 of this Code
before any building or construction activity can be initiated on a parcel of land.
Commercial as defined in accordance with Section 23-1-90 of this Code.
Commencement of development occurs upon the issuance of a building permit, or, if a
building permit is not required for the development, upon the approval for any development
application that is the last application required prior to development or use of land.
Dairy as defined in accordance with Section 23-1-90 of this Code.
Director means the Director of the Department of Planning Services.
Fee payer means a person commencing development who is obligated to pay an impact fee
in accordance with the terms of this Chapter 20.
Hotel/motel as defined in accordance with Section 23-1-90 of this Code.
Impervious cover means the horizontal square footage of the parcel, or the portion of the
parcel attributable to the construction covered by the building permit, covered with roofs,driveways,
sidewalks, patios, swimming pools and other surface treatments that prevent the soil from absorbing
rainfall.
Kennel as defined in accordance with Section 23-1-90 of this Code.
Manufacturing/industrial means an establishment primarily engaged in the fabrication,
assembly, or processing of goods. Typical uses include laboratories, manufacturing plants,welding
shops, wholesale bakeries, dry cleaning plants, bottling works, and similar uses.
Mini-warehouse means an enclosed storage facility containing independent,fully enclosed
bays that are leased to persons for storage of their household goods or personal property.
Mobile home as defined in accordance with Section 23-1-90 of this Code.
Mobile home park as defined in accordance with Section 23-1-90 of this Code.
Office as defined in accordance with Section 23-1-90 of this Code, but for the purpose of this
Chapter 20, the term shall be deemed to exclude any use within a shopping center, and to include
such uses as real estate, insurance, property management, investment, employment, travel,
advertising, secretarial, data processing, photocopy and reproduction, telephone answering,
telephone marketing, music, radio and television recording and broadcasting studios; professional or
consulting services in the fields of law, architecture, design, engineering, accounting and similar
professions; interior decorating consulting services; medical and dental offices and clinics, including
veterinarian clinics and kennels; and business offices of private companies, utility companies,trade
associations, unions and nonprofit organizations, and similar uses.
Person means an individual, corporation, governmental agency or body, business trust,
estate,trust, partnership, association,two(2) or more persons having a joint or common interest, or
any other entity.
Institutional/quasi-public means a governmental, quasi-public or institutional use, or a
non-profit recreational use, not located in a shopping center. Typical uses include elementary,
secondary or higher educational establishments, day care centers, hospitals, mental institutions,
nursing homes, assisted living facilities, fire stations, city halls, county court houses, post offices,
jails, libraries, museums, places of religious worship, military bases, airports, bus stations,fraternal
lodges, parks and playgrounds.
Road capital improvement means the transportation planning, preliminary engineering,
engineering design studies, land surveys, alignment studies, right-of-way acquisition, engineering,
permitting and construction of all necessary features for any County arterial or collector road,
undertaken to accommodate additional traffic resulting from new development, excluding site-
related improvements and including but not limited to the following:
a. Construction of new through lanes;
b. Construction of new bridges;
c. Construction of new drainage facilities in conjunction with new road construction,
excluding the installation of culverts,which are accounted for in the drainage impact
fee;
d. Purchase and installation of traffic signals, including new and upgraded signalization;
e. Construction of curbs, gutters, sidewalks, medians and shoulders;
f. Relocating utilities to accommodate new road construction;
g. The construction and reconstruction of intersections;
h. The widening of existing roads;
Bus turnouts;
j. Acceleration and deceleration lanes;
k. Interchanges;
Traffic control devices; and
m. Construction of gravel to paved road.
Shopping center/commercial means establishments engaged in the selling or rental of
goods, services or entertainment to the general public. Such uses include, but are not limited to,
shopping centers, discount stores, supermarkets, home improvement stores, pharmacies,
automobile sales and service, banks, movie theaters, amusement arcades, bowling alleys, barber
shops, laundromats,funeral homes,vocational or technical schools,dance studios, health clubs and
golf courses.
Single-family detached means a single dwelling unit on an individual lot unattached to any
other dwelling unit, including a manufactured home or a mobile home not located in a mobile home
park.
Site-related road improvement means those road improvements that provide direct access to
the development, and are needed directly by the development. Direct access improvements
include, but are not limited to, the following:
a. Driveways and roads providing direct access to and egress from the development;
b. Right- and left-turn lanes leading to those driveways and roads;
c. Traffic control measures for those driveways and roads; and
d. Internal streets.
Square feet means a measurement of one foot by one foot (1' x 1'). For the purpose of
assessing Road and County Facilities impact fees, it is calculated by using the gross floor area of a
building, measured from the exterior faces of exterior walls, excluding areas within the interior of a
building that are utilized for vehicular maneuvering and parking. Structures without roofs or walls
shall not be deemed to have square footage under the terms of this Chapter 20 for the purpose of
assessing Road and County Facilities impact fees.
Warehouse means an establishment primarily engaged in the display, storage and sale of
goods to other firms for resale, as well as activities involving significant movement and storage of
products or equipment. Typical uses include wholesale distributors, storage warehouses, moving
and storage firms, trucking and shipping operations and major mail processing centers.
Sec. 20-1-60. Imposition of fee.
A. Obligation to pay fees. Any person or government body who causes the commencement of
development within unincorporated Weld County shall be obligated to pay impact fees,
pursuant to the terms of this Chapter 20. The obligation to pay the fee shall run with the
land.
B. Fee schedules. Any person who causes the commencement of development, except those
persons exempted or preparing an independent fee calculation study pursuant to
Sec. 20-1-80, shall pay impact fees in accordance with the fee schedules below,which will
be adjusted annually for inflation.
Road Impact Fee Schedule
Land Use Type Unit Fee per Unit
Single-Family Detached Dwelling $2,269
Multi-Family Dwelling $1,486
Mobile Home Park Pad $1,392
Hotel/Motel Room $1,311
Shopping Center/Commercial 1,000 sq. ft. $3,146
Office 1,000 sq. ft. $2,075
Institutional/Quasi-Public 1,000 sq. ft. $1,074
Manufacturing/Industrial 1,000 sq. ft. $2,043
Warehouse 1,000 sq. ft. $1,041
Mini-Warehouse 1,000 sq. ft. $434
Agricultural Commercial 1,000 sq. ft. $664
County Facilities Impact Fee Schedule
Land Use Type Unit Fee per Unit
Single-Family Detached Dwelling $636
Multi-Family Dwelling $472
Mobile Home Park Pad $642
Hotel/Motel Room $290
Shopping Center/Commercial 1,000 sq. ft. $608
Office 1,000 sq. ft. $302
Institutional/Quasi-Public 1,000 sq. ft. $188
Manufacturing/Industrial 1,000 sq. ft. $152
Warehouse 1,000 sq. ft. $68
Mini-Warehouse 1,000 sq. ft. $54
Agricultural Commercial 1,000 sq. ft. $128
Drainage Impact Fee Schedule
Land Use Type Unit Fee per Unit
All Land Uses Sq. Ft. of Impervious Cover* $0.10
* The impervious area of streets or driveways within the public right-of-way adjacent to the parcel
shall be included up to the centerline of the street. Gravel roads and driveways shall be counted as
50% impervious.
C. Inflation adjustment. On or before April 1st of each calendar year, the Board of County
Commissioners shall consider adjusting each fee amount in this section by the rate of
inflation. The rate of inflation shall mean the percentage change from the prior calendar
year in the United States Bureau of Labor Statistics Consumer Price Index for Denver-
Boulder-Greeley, all items, all urban consumers, or its successor index. Fee changes
resulting from an inflation adjustment shall take effect April 1, of each year.
D. Fee payment. The fee shall be determined and paid to the Department of Planning Services
at the time of issuance of a building permit for the development, or if a building permit is not
required for the development use, upon the County's approval of any development or use
that is the last application required prior to development or use of the land. The fee shall be
computed separately for the amount of construction activity covered by the permit if the
building permit is for less than the entire development. More specifically, impact fees for
roads and County Facilities will be assessed on new buildings or expansion of buildings,
except as described in Section E below, or unless there is an independent fee calculation
study. Drainage fees are assessed on square feet of impervious cover,whether buildings or
otherwise.
E. Redevelopment or change of use. If the fee is imposed for a development that increases
impact because of a redevelopment, replacement or change in use, the fee shall be
determined by computing the difference in the fee schedule between the new development
and the previously existing development, defined as the most intensive use of the property
on or after January 1, 2002.
F. Credits. The amount of impact fees due shall be reduced by the amount of any credits due
pursuant to Sec. 20-1-90.
G. Any person who, prior to the effective date of this Chapter 20 and as a condition of
development approval, agreed to pay the types of impact fees required herein, shall be
responsible for the payment of the fees under the terms of any such agreement. To the
extent that such payments are for the same types of facilities covered by the impact fees
imposed by this Chapter 20, credit shall be provided for such payments pursuant to
Sec. 20-1-90.
H. Administrative appeal. The administrative decision of the Planning Department calculating
the fees in accordance with fee schedule may be appealed to the Director by filing with the
Director, within ten (10)days of the date of the written decision, a written position statement
stating and specifying briefly the grounds of the appeal. The only grounds for administrative
appeal to the Director is an appeal of the Land Use Type. The Director shall then have
power to affirm or modify the decision of the Department. The Director shall make written
findings of fact and conclusions of law, and apply the definitions of the land use categories in
this Chapter 20 and the provisions of this Section. The applicant may appeal the decision of
the Director to the Board of County Commissioners according to the appeal procedures set
forth in Section 2-4-10 of this Code. Upon receipt of either the Director's or Board of County
Commissioners decision the applicant may then conduct an Independent Fee Calculation
Study as further described in Sec. 20-1-80.
Sec. 20-1-70. Exemptions.
The following shall be exempt from the terms of this Chapter 20. An exemption must be
claimed by the fee payer at the time of issuance of a building permit. The Director shall determine
the validity of any claim for exemption.
A. Any residential remodeling, enlargement, addition, replacement or construction of
accessory structures that does not result in the creation of any additional dwelling
units, shall be exempt from road and County facilities impact fees, but not drainage
impact fees.
B. Any development for which a completed application for a building permit was
submitted prior to the effective date of this Weld County Impact Fee Ordinance,
provided that the construction proceeds according to the provisions of the permit and
the permit does not expire prior to the completion of the construction.
C. Projects built by the Federal Government and the State.
Sec. 20-1-80. Independent fee calculation.
A. The intent of an Independent Fee Calculation Study is to determine appropriate impact fees
for land uses that are not typical of the generalized land uses listed in the impact fee
schedules. It shall not be grounds for an independent fee calculation that the initial
occupant of the development will not generate as much impact as is assumed by the fee
schedules, but that unique and permanent features of the development will result in lower
impacts over the long term.
B. The impact fee may be computed by the use of an Independent Fee Calculation Study at the
election of the fee payer, if the applicant believes it can be demonstrated the nature of the
proposed development make it likely that the impacts generated will cost substantially less to
mitigate than the amount of the fee that would be generated by the use of the fee schedule.
C. The preparation of the Independent Fee Calculation Study shall be the sole responsibility
and expense of the electing party.
D. Any person who requests an Independent Fee Calculation Study shall pay an application fee
for administrative costs associated with the review and decision on such study; the fee for
this review is cited in Chapter 5, Appendix-D.
E. Independent Fee Calculation Study requirements.
1. An Independent Fee Calculation Study for road impact fees shall provide
independent sources of data for determining appropriate trip generation rate, new
trip factor and average length of a trip on the County's arterial and collector road
system. The Independent Fee Calculation Study shall provide independent data not
used in the impact fee study for all three of these travel demand characteristics. The
independent sources shall be (1) an accepted standard source of transportation
engineering or planning data or (2) a local study on travel demand characteristics
carried out by a qualified traffic planner or engineer pursuant to an accepted
methodology of transportation planning or engineering.
2. An Independent Fee Calculation Study for County facilities impact fees shall provide
independent sources of data for determining appropriate functional population per
development unit for the proposed development, using the methodology set forth in
the impact fee study.
3. An Independent Fee Calculation Study for drainage impact fees shall provide
independent sources of data for determining appropriate measures of impervious
cover to be added by the proposed development.
F. Procedures.
1. An Independent Fee Calculation Study shall be undertaken through the submission
of an application for an independent fee calculation.
2. Within ten (10) days of receipt of an application for Independent Fee Calculation
Study, the Director shall determine if the application is complete. If the Director
determines that the application is not complete, a written statement specifying the
deficiencies shall be sent by mail to the person submitting the application. The
application shall be deemed complete if no deficiencies are specified. The Director
shall take no further action on the application until it is deemed complete.
3. When the Director determines that the application is complete,the application shall
be reviewed by the Director with the assistance of the Department of Public Works
staff, and the Director shall render a written decision in forty-five (45) days on
whether the fee should be modified and, if so, what the amount should be, based
upon the standards below.
G. Standards. If, on the basis of generally recognized principles of impact analysis, it is
determined that the data, information, and assumptions used by the applicant to calculate
that the Independent Fee Calculation Study satisfy the requirements of this Section,the fee
determined in the Independent Fee Calculation Study shall be deemed the fee due and
owing for the proposed traffic-generating development. The adjustment shall be set forth in
a fee agreement. If the Independent Fee Calculation Study fails to satisfy the requirements
of this Section, the fee applied shall be that fee established for the development in the fee
schedule.
H. Appeal of Independent Fee Calculation Study Decision. A fee payer affected by the
administrative decision of the Director on an Independent Fee Calculation Study may appeal
such decision to the Board of County Commissioners, by filing with the Director within ten
(10)days of the date of the written decision a written notice stating and specifying briefly the
grounds of the appeal. The Board of County Commissioners, after hearing, shall have the
power to affirm or reverse the decision of the Director. In making its decision, the Board of
County Commissioners shall make written findings of fact and conclusions of law,and apply
the standards in this Section. If the Board of County Commissioners reverses the decision
of the Director, it shall instruct the Director to recalculate the fee in accordance with its
findings. In no case shall the Board of County Commissioners have the authority to
negotiate the amount of the fee or waive the fee. The decision of the Board of County
Commissioners shall be final and not subject to further administrative appeal.
Sec. 20-1-90. Credits.
A. Any person commencing development may apply for credit against impact fees otherwise
due, up to but not exceeding,the full obligation for impact fees proposed to be paid pursuant
to the provisions of this Chapter 20,for any contributions, construction or dedication of land
accepted or received by the County for capital improvements of the same type as are eligible
for expenditure of the impact fees.
B. Credits for contributions, construction or dedication of land for eligible improvements may be
transferable within the same development, but shall not be used to offset impact fees for
other types of public facilities. The credit shall not exceed the amount of the impact fees due
and payable for the proposed development.
C. The County may enter into a Capital Contribution Front End Agreement with any person
commencing development who proposes to construct eligible capital improvements. To the
extent that the fair market value of the construction of these capital improvements exceeds
the obligation to pay impact fees for which a credit is provided pursuant to this Section, the
Capital Contribution Front End Agreement shall provide proportionate and fair share
reimbursement for such excess contribution.
D. The credit agreement shall be completed in accordance with an improvements agreement
prior to recording the final plat associated with the parcels created.
E. Credit shall be in an amount equal to fair market value of the land dedicated for right-of-way
at the time of dedication, the fair market value of the construction at the time of its
completion, or the value of the contribution or payment at the time it is made.
F. The determination of any credit shall be undertaken through the submission of an
application for Credit Agreement,which shall be submitted to the Director at the time of final
platting. The application for a Credit Agreement shall include the following information:
1. If the proposed application involves a credit for any contribution, the following
documentation must be provided:
a. A certified copy of the development approval in which the contribution was
agreed.
b. If payment has been made, proof of payment.
c. If payment has not been made, the proposed method of payment.
d. Weld County Improvements Agreement, if applicable.
2. If the proposed application involves credit for the dedication of land, the following
documentation must be provided.
a. A drawing and description of the land submitted by a Professional Land
Surveyor, P.L.S.
b. The appraised fair market value of the land, or the appraised value of the
land as shown on the County Assessor's records on, or prior to, the date a
building permit application is proposed to be issued for the traffic-generating
land development activity, prepared by a Certified General Appraiser, if
applicable, a certified copy of the development permit in which the land was
agreed to be dedicated. If the County disagrees with the appraisal, the
County shall pay for an independent appraisal. If the County and the land
owner still disagree on the value of the land, the property shall be appraised
by a third appraiser chosen by the land owner's appraiser and the County's
appraiser. The third appraisal shall be binding on both parties, and the cost
of the appraisal shall be split evenly.
3. If the proposed application for Credit Agreement involves construction,the following
documentation must be provided.
a. The proposed plan of the specific construction prepared and certified by a
duly qualified and licensed Colorado engineer or contractor, in accordance
with County standards and specifications.
b. The projected costs for the suggested improvement,which shall be based on
local information for similar improvements, along with the construction
timetable for the completion thereof. Such estimated cost shall include the
cost of construction or reconstruction, the cost of all labor and materials, the
cost of all lands, property, rights, easements and franchises acquired,
financing charges, interest prior to and during construction and for one (1)
year after completion of construction, costs of plans and specifications,
surveys of estimates of costs and of revenues, costs of professional
services, and all other expenses necessary or incident to determining the
feasibility or practicability of such construction or reconstruction.
G. Within ten (10)days of receipt of the proposed application for Credit Agreement,the Director
shall determine if the application is complete. If it is determined that the proposed
agreement is not complete, the Director shall send a written statement to the applicant
outlining the deficiencies. The Director shall take no further action on the proposed
application for Credit Agreement until all deficiencies have been corrected or otherwise
settled.
1. Once the Director determines that the proposed application for Credit Agreement is
complete, it shall be reviewed within thirty (30) days. The application for Credit
Agreement shall be approved if it complies with the standards above.
2. If the application for Credit Agreement is approved by the Director, a Credit
Agreement shall be prepared and signed by the applicant and the County. It shall
specifically outline the contribution, payment, construction or land dedication, the
time by which it shall be completed, dedicated or paid, and any extensions thereof
and the dollar credit the applicant shall receive for the contribution, payment or
construction.
H. A fee payer affected by the decision of the Director regarding credits may appeal such
decision to the Board of County Commissioners by filing with the Director, within ten (10)
days of the date of the written decision, a written notice stating and specifying briefly the
grounds of the appeal. The Board of County Commissioners, after a hearing, shall affirm or
reverse the decision of the Director based on the standards in this Section. If the Board of
County Commissioners reverses the decision, it shall direct the Director to readjust the credit
in accordance with its findings. The decision of the Board of County Commissioners shall be
final and not subject to further administrative appeal.
Sec. 20-1-100. Use of funds.
A. Benefit districts. For the purpose of further ensuring fee payers receive sufficient benefit for
fees paid; impact fees collected shall be earmarked to be spent on the type of facility for
which the fee was collected, and in the same benefit district in which the fees were collected.
The benefit districts shall be configured as follows.
1. Road impact fees will have four benefit districts, defined as the portion of the
unincorporated area located within the following boundaries.
a. Benefit District 1 is the area west of U.S. Highway 85 and north of U.S.
Highway 34 and U.S. Highway 34 Bypass.
b. Benefit District 2 is the area east of U.S. Highway 85 and north of U.S.
Highway 34.
c. Benefit District 3 is the area west of U.S. Highway 85 and south of U.S.
Highway 34.
d. Benefit District 4 is the area east of U.S. Highway 85 and south of U.S.
Highway 34.
2. County facilities impact fees will have one benefit district, defined as the entire area
of the county.
3. Drainage impact fees will have one benefit district, defined as the unincorporated
area of the county.
B. Accounting. All impact fees collected by the County shall be immediately deposited into an
interest-bearing account in the appropriate impact fee fund. The County shall record the
name and address of each fee payer, the date and amount of impact fees paid and the
benefit district, if applicable. All income derived from these investments shall be retained in
the appropriate benefit district fund and spent according to the same requirements as the
impact fee funds themselves. Record of each fund account shall be available for public
inspection.
C. Eligible expenditures. Impact fee funds shall only be spent on capital improvements that
expand the capacity of County facilities to accommodate growth. Impact fees shall not be
used for operations and maintenance purposes or for the rehabilitation or replacement of
existing facilities, provided that if existing facilities are replaced with facilities that have
additional capacity, impact fees can be used to fund the portion of the project related to the
capacity expansion.
1. Road impact fee funds from each benefit district shall only be spent on road capital
improvements, as that term is defined in this Chapter. Said road capital
improvements shall be located within the boundaries of the same benefit district;
unless the Board of County Commissioners makes specific findings that a project
located outside the benefit district will provide substantial benefit to development
within the benefit district.
2. County facilities impact fee funds shall only be spent on the construction or
enlargement of County-owned facilities, excluding emergency medical services,
roads or drainage facilities, for the purpose of providing additional capacity to
accommodate growth in the county.
3. Drainage impact fee funds shall only be spent on capital improvements in the
unincorporated area that will expand the capacity of County drainage facilities to
accommodate stormwater flows.
D. Annual recommendation for fee expenditure. Each year, at the time the annual budget is
reviewed,the Department of Public Works shall recommend appropriations to be spent from
the impact fee funds to the Board of County Commissioners. After review of the
recommendation, the Board of County Commissioners shall approve or modify the
recommended expenditures of the fund monies. Any amounts not appropriated from the
impact fee funds, together with any interest earnings, shall be carried over to the following
fiscal period.
Sec. 20-1-110. Refund of fees.
A. Any fees collected shall be returned to the fee payer or the fee payer's successor in interest
if the fees have not been spent within ten (10)years from the date the building permit for the
development was issued. Fees shall be deemed to be spent on the basis of the first fee
collected shall be the first fee spent. The refund of fees not spent shall be administered by
the Director, and shall be undertaken through the following process:
1. A refund application shall be submitted within one (1) year following the end of the
tenth (10th) year from the date on which the building permit was issued on the
proposed development. The refund application shall include evidence of payment of
the fee, a copy of the building permit, and evidence that the applicant is the
successor in interest to the fee payer.
2. Within ten (10)days of receipt of the refund application,the Director shall determine
if it is complete. If the Director determines the refund application is not complete, a
written statement specifying the deficiencies shall be forwarded by mail to the person
submitting the application. Unless the deficiencies are corrected, the Director shall
take no further action on the refund application.
3. When the Director determines that the refund application is complete, it shall be
reviewed within thirty (30) days, and shall be approved if it is determined the fee
payer or a successor in interest has paid a fee which has not been spent within the
period of time permitted under this Division. The refund shall include the fee paid
plus any interest earned.
B. Any fees collected may be refunded to the fee payer if no work has been done under a
building permit issued in accordance with Chapter 29 of this Code. The Director shall not
authorize the refunding of any fees collected except upon written application for such refund
filed by the original fee payer not later than one hundred eighty(180)days after the date of
the fee collection.
C. A fee payer affected by a decision of the Director on a refund may appeal such decision to
the Board of County Commissioners by filing with the Director, within ten (10) days of the
date of the written decision, a written notice stating and specifying briefly the grounds of the
appeal. The Board of County Commissioners, after a hearing, shall affirm or reverse the
decision of the Director based on the standards in this Section. If the Board of County
Commissioners reverses the decision of the Director, it shall direct the Director to readjust
the refund in accordance with its findings. In no case shall the Board of County
Commissioners have the authority to negotiate the amount of the refund. The decision of
the Board of County Commissioners shall be final and not subject to further administrative
appeal.
Sec. 20-1-120. Periodic review.
At least once every five (5) years, the Director shall recommend to the Board of County
Commissioners whether any changes should be made to the Impact Fee Study and this Weld
County Road Impact Fee Ordinance. The purpose of this review is to analyze changes in actual
costs, to assess potential changes in needs, to assess any changes in the characteristics of land
uses, and to ensure that the impact fees will not exceed a proportionate share of the capital costs
attributable to growth.
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.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2011-2 published above,
was introduced and, on motion duly made and seconded, approved upon first reading on
February 28, 2011. A public hearing and second reading is scheduled to be held in the Chambers
of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on March 21,
2011. 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 in the Weld County Centennial Center,Third Floor, 915 10th 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.
SECOND READING: March 21, 2011, at 9:00 a.m.
THIRD READING: April 11, 2011, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 4, 2011
PUBLISHED: March 9, 2011, in the Fort Lupton Press
LD COUNTY E. The Board of County
WE
PROOF OF PUBLICATION CODEOD COUNTYNANCE 2011-2 Commissioners has determined that
FORT LUPTON PRESSo imposition of road,drainage,are and
IN THE MATTER OF County i imppaactfeesareone
AND REENACTING, WITH of preferred theee methodsof n rdertgo ensure
tSTATE OF COLORADO AMENDMENTS, A PORTION g
land t tlneewopdevelopm development t bears ura
OF CHAPTER 5 REVENUE AND proportionate share of the costs of
COUNTY OF WELD SS. FINANCE AND CHAPTER 20 the oporti notal e improvements of tthe cots ry
of
ROAD IMPACT FEES, OF THE to accommodate new development
WELD COUNTY CODE while at the same time maintaining
I, Allen Messick, do solemnly swear that I am the Publisher BE IT ORDAINED BY THE BOARD the existing levels of service and
of the Fort Lupton Press that the same is a weekly OF COUNTY COMMISSIONERS promoting and protecting the public
OF THE COUNTY OF WELD, health,safety and welfare.
•
newspaper printed and published in the County of Weld, STATE OF COLORADO: F. The Board of County
State of Colorado, and has a general circulation therein; WHEREAS, the Board of County Commissioners has the authority to
Commissioners of the County of adopt impact fees pursuant to the
that said newspaper has been published continuously and Colorado Constitution and Section
Weld, State of Colorado, pursuant Co
to Colorado statute and the Weld 29-20-104.5,C.R.S.
uninterruptedly in said county of Weld for a period of more County Home RuleCharter,isvested
than fifty-two consecutive weeksprior to the first with the authority of administering the In order to i
mplement this policy,
pte
y d County has atheodd, drainage,
the affairs of Weld County,Colorado, 20 establishing the road,
publication of the annexed legal notice or advertisement; and and County facilities impact fees.
that said newspaper has been admitted to the United WHEREAS, the Board of County - `
Commissioners, on December 26, H.The road, drainage, and County
States mails as second-class matter under the
2000, adopted Weld provisionsCounty Code facilities impact fees assist in
the implementation of, and are
of the act of March 3, 1879, or any amendments thereof, mp Code for n
Ordinance 2000-1, enacting a consistent with, the Weld County
coand that said newspaper is a weekly newspaper duly of Weld,including the codification
codionooff Comprehensive Plan found in
Chapter 22 of this Code.
all previously adopted ordinances
qualified for publishing legal notices and advertisements of a general and permanent nature I. No individual landowner is
within the meaning of the laws of the State of Colorado. enacted on or before said date of required to provide any dedication
adoption,and or . improvement unless credit
That the annexed legal notice or advertisement was against the appropriate impact fee
WHEREAS the Weld County Code is provided to meet the same need
published in the regular and entire issue of every number is in need of revision and clarification for capital facilities for which the
with regard to procedures, terms, road,drainage and County facilities
of said weekly newspaper for the period of ONE and requirements therein. impact fees are imposed pursuant to
consecutive insertion(s); and that the first publication of NOW, THEREFORE, BE IT the terms of this Chapter 20.
said notice was in the issue of newspaper, dated 9th day ORDAINED by the Board of County Sec.20-1-20.Short title,authority .
Commissioners of the County of and application. .
of MARCH 2011, and the last on the 9th day of MARCH Weld,State of Colorado,that certain
existing Chapters of the Weld County A.Title.This Chapter shall be known
2011 r Code be,and hereby are,repealed and may be cited as the 'Weld
1 and re-enacted, with amendments, County Impact Fee Ordinance."
and the various Chapters are revised
/
/ to read as follows. B;Authority. The Board of County
\ Commissioners has. the authority
CHAPTER 5 to adopt this Chapter 20 pursuant
REVENUE AND FINANCE to the Colorado Constitution and
Publisher, Subs ib and sw rn before me, this 9th
Delete Article VIII Sec. 5S- Section 29-20-104.5,C.R.S.
day of, MARCH 2011 10 through Sec. 5-Sr0), and C. Application. This Chapter 20
Appendix 5-N. shall apply to all lands within the
&b LD Amend #28 in Appendix 5-D - County unincorporated portion of the
ATTACHED
Notary Public. Repeal and reenact Appendix 5J D.Time of Collection. Collection of
and 5-K-ATTACHED ppe the impact fee imposed herein shall
occur at the time of,or prior to,the
CHAPTER 20 issuance of a building permit, as
CHAPTER
R 20 allowed pursuant to Section 29-20-
. 104.5(6),C.R.S.
Repeal and Reenact,with Sec.20-1-30.Intent and purpose.
/ Amendments,Chapter 20.
_ Sec.20-1-10.Findings. A. Intent. This Chapter 20 is
9 intended to implement, and
be' i a act
A.The State Demographers Fee consistent prepared bye DuImncan
^�� O Office prot1ects that there will Associates in October, 2010, or a
f /'. be a significant amount of new subsequent, similar study, and the
%�,� :` growth and development in Web Weld County Comprehensive Plan
County over the next twenty(20) fbund in Chapter 22 ofthis Code.
O--CO-- / years,both county-wide and in the
-- unincorporated area. B.Purpose. The above-stated intent
B. Projected growth and- is accomplished in this Chapter 20
o meet in new e county will by the establishment of a system
B. p for the imposition of impact fees
n require a substantial expansion in 'to assure that new development
My Commission Expires roads, drainage infrastructure, and contributes its proportionate share
�1�1�'�-�' County facilities if existing levels of of the cost of providing,and benefits
service are to be maintained. from the provision of, the capital
improvements required to provide
C.Under the current fiscal structure,
additional revenues generated new development with the same
by the projected new growth and level of service currently enjoyed by
development in the county will not existing development.
be ade uate to fund the.needed Sec. on. Rules of
adequate construction.
capital improvements necessary
t accommodate and the projected For the purposes of the
new growth ov and dvi elbpm ot if this
ar of
existing levels of service are to be this Chapter 20, unless otherwise
maintained. • stated in this Chapter,the fallowing
D.In order to address this problem, rules of construction shall apply:
the Board of County Commissioners A. In case of any difference of -
has determined that new land meaning or implication between
development activity shall bear a the text of this chapter and any
proportionate share of the cost of caption,illustration,summary table,
the provision of new road,drainage or illustrative table, the text shall
and County facilities capital control.
improvements required by such
development. B. The word 'shall" is always
mandatory .and not discretionary
1JGlyli,L I 1 l_/1ILL7
LEGALS include laboratories, manufacturing • Site-related road improvement States Bureau of Labor Statistics A.The intent of an Independent Fee this Section, the fee applied shall
plants, welding shops, wholesale means those road improvements Consumer Price Index for Denver- Calculation Study is to determine be that fee established for the
bakeries, dry cleaning plants, that provide direct access to the Boulder-Greeley,all items,all urban appropriate impact fees for land development in the fee schedule.
•
bottling works,and similar uses. I development, and are needed consumers, or its successor index. uses that are not typical of the
from page 12 � directly by the development. Direct Fee changes resulting from an generalized land uses listed in the H. Appeal of Independent Fee
Mini-warehouse means an ! access improvements include, but inflation adjustment shall take effect impact fee schedules It shall not Calculation Study Decision. A fee
enclosed storage facility containing are not limited to,the following: April 1,of each year. be grounds for an independent fee payer affected by the administrative
and the word"may"is permissive. independent, fully enclosed bays a. Driveways and roads providing calculation that the initial occupant decision of the Director on an
that are leased to persons for direct access to and egress from the D. Fee payment. The fee shall of the development will not generate Independent Fee Calculation Study
C.Words used in the present tense storage of their household goods or development; be determined and paid to the as much impact as is assumed by may appeal such decision to the
shall include the future; and words personal property. b. Right-and left-turn lanes leading Department of Planning Services the fee schedules, but that unique Board of County Commissioners,
used in the singular shall include the to those driveways and roads; at the time of issuance of a building and permanent features of the by filing with the Director within
plural and the plural the singular, Mobile home as defined in c.Traffic control measures for those permit for the development, or if a development will result in lower ten (10) days of the date of the
unless the context clearly indicates accordance with Section 23-1-90 of driveways and roads;and building permit is not required for the impacts over the long term. written decision a written notice
the contrary; use of the masculine this Code. d.Internal streets. development use,upon the County's stating and specifying briefly the
gender shall include the feminine Square feet by means a measurement approval of any development e or use B.The impact fee may be computed grounds of the appeal. The Board
ender.
Mobile home ark as defined in of one foot one foot 1'x 1'). For that is the last application required by the use of an Independent Fee of County Commissioners, after
accordance with Section 23-1-90 of the purpose of assessing Road prior to development or use of the Calculation Study at the election hearing, shall have the power to
D. Unless the context clearly this Code. I and County Facilities impact fees, land. The fee shall be computed of the fee payer, if the applicant affirm or reverse the decision of the
indicates the contrary, where a it is calculated by using the gross , separately for the amount of believes it can be demonstrated the Director. In making its decision,the
regulation involves two or more Office as defined in accordance with floor area of a building, measured construction activity covered by the nature of the proposed development Board of County Commissioners
items, conditions, provisions, or Section 23-1-90 of this Code,but for i from the exterior faces of exterior permit if the building permit is for make it likely that the impacts shall make written findings of fact
events connected by the conjunction the purpose of this Chapter 20,the ! walls, excluding areas within the less than the entire development. generated will cost substantially less and conclusions of law, and apply
"and," "or," or "either...or," the term shall be deemed•to exclude any interior of a building that are utilized More specifically, impact fees for to mitigate than the amount of the the standards in this Section. If the
conjunction shall be interpreted as use within a shopping center,and to i for vehicular maneuvering and roads and County Facilities will fee that would be generated by the Board of County Commissioners
follows: include such uses as real estate, j parking. Structures without roofs or , be assessed on new buildings or use of the fee schedule. reverses the decision of the
insurance, property management, • walls shall not be deemed to have ! expansion of buildings, except as Director,it shall instruct the Director
1. "And" indicates that all the investment, employment, travel, j square footage under the terms : described in Section E below, or C.' The preparation of the to recalculate the fee in accordance
connected terms, conditions, advertising, secretarial, data o/this Chapter 20 for the purpose unless there is an independent fee Independent Fee Calculation Study with its findings. In no case shall
provisions or events shall apply. processing, photocopy and I of assessing Road and County calculation study. Drainage fees shall be the sole responsibility and the Board of County Commissioners
reproduction, telephone answering, Facilities impact fees. are assessed on square feet of expense of the electing party. have the authority to negotiate the
2."Or"indicates that the connected telephone marketing, music, radio impervious cover,whether buildings l amount of the fee or waive the fee.
items, conditions, provisions or and television recording and Warehouse means an establishment or otherwise. D Any person who requests an The decision of the Board of County
events may apply singly or in any broadcasting studios; professional primarily engaged in the display, . Independent Fee Calculation Study Commissioners shall be final and
combination. or consulting services in the storage and sale of goods to other E. Redevelopment or change of shall pay an application fee for not subject to further administrative
fields of law, architecture, design, firms for resale,as well as activities use. If the fee is imposed for a !. administrative costs associated with appeal.
3. "Either . or" indicates that engineering,accounting and similar involving significant movement and development that increases impact the review and decision on such
the connected items, conditions, professions; interior decorating storage of products or equipment. because of a redevelopment, study;the fee for this review is cited Sec.20-1-90.Credits.
provisions or events shall apply consulting services; medical and Typical uses include wholesale replacement or change in use, the in Chapter 5,Appendix-D.
singly but not in combination veterinariial neSclinc s clinics,
including keel moving t and storage firmse etrucking the fee shall
difference determined
mthee eecschedule 1, E. Independent Fee Calculation develop A. ment mayapply commencing
recreditt
E.The word"includes"shall not limit and business offices of private and shipping operations and major between the new development and Study requirements. against impact fees otherwise
a term to the specific example but is companies, utility companies,trade mail processing centers. the previously existing development, due, up to but not exceeding,
intended to extend its meaning to all associations, unions and nonprofit defined as the most intensive use of 1.An Independent Fee Calculation the full obligation for impact fees
other instances or circumstances of organizations,and similar uses. the property on or after January 1, Study for road impact fees shall proposed to be paid pursuant to
like kind or character. Person means an individual, Sec.20-1-60.Imposition of fee. 2002. provide independent sources of the provisions of this Chapter 20,
data for determining appropriate ' for any contributions, construction
F.All time periods contained'within corporation, governmental agency A. Obligation to pay fees. Any F Credits. The amount of impact trip generation rate, new trip factor or dedication of land accepted or
this Chapter 20 shall be calculated or body, business trust, estate, person or government body who fees due shall be reduced by the and average length of a trip on the received by the County for capital
on a calendar day basis, including trust, partnership, association, two causes the commencement of amount of any credits due pursuant County's arterial and collector road improvements of the same type as
Sundays and legal holidays, but (2) or more persons having a joint development within unincorporated to Sec.20-1-90. system. The Independent Fee are eligible for expenditure of the
excluding the date of the decision in or common interest, or any other Weld County shall be obligated Calculation Study shall provide impact fees.
the event of an appeal.In the event entity. to pay impact fees, pursuant to G. Any person who, prior to the independent data not used in the
the due date falls on a Sunday or - the terms of this Chapter 20. The effective date of this Chapter 20 impact fee study for all three of B. Credits for contributions,
legal holiday,the due date shall be Institutional/quasi-public means obligation to pay the fee shall run !. and as a condition of development these travel demand characteristics. construction or dedication of land
extended to the next business day. a governmental, quasi-public or with the land. approval,agreed to pay the types of The independent sources shall be for eligible improvements may
institutional use, or a non profit impact fees required herein,shall be (1) an accepted standard source i be transferable within the same
Sec.20-1-50.Definitions. recreational use, not located in B. Fee schedules. Any person responsible for the payment of the of transportation engineering or development, but shall not be
a shopping center. Typical uses who causes the commencement fees under the terms of any such planning data or(2)a local study on used to offset impact fees for other
Certain words or phrases unique to include elementary, secondary or 1 of development, except those agreement. To the extent that such travel demand characteristics carried types of public facilities. The credit
this Chapter 20 shall be construed higher educational establishments, persons exempted or preparing an payments are for the same types of out by a qualified traffic planner or shall not exceed the amount of the
as herein set out unless it is apparent day care centers, hospitals, mental l independent fee calculation study facilities covered by the impact fees engineer pursuant to an accepted I impact fees due and payable for the
from the context that they have a institutions,nursing homes,assisted I pursuant to Sec.20 1 80,shall pay imposed by this Chapter 20, credit methodology of transportation proposed development.
different meaning. living facilities,fire stations,city halls, impact fees in accordance with the shall be provided for such payments planning or engineering.
county court houses, post offices, I fee schedules below, which will be pursuant to Sec.20 1-90. C. The County may enter into a
Agricultural commercial means,for jails, libraries, museums, places of I adjusted annually for inflation. 2.An Independent Fee Calculation Capital Contribution Front End
the purposes of this Chapter 20:(1) religious worship, military bases, i H. Administrative appeal. The Study for County facilities impact Agreement with any person
agricultural processing facilities for airports, bus stations, fraternal I Road Impact Fee Schedule administrative decision of the fees shall provide independent commencing development who
produce or livestock; (2) intensive, lodges,parks and playgrounds. Planning Department calculating the sources of data for determining proposes to construct eligible capital
factory-style production of animals or I Land Use Type Unit Fee per Unit fees in accordance with fee schedule appropriate functional population improvements. To the extent that the
animal products; or(3) commercial Road capital improvement means the i Single-Family Detached Dwelling may be appealed to the Director by per development unit for the fair market value of the construction
uses serving the agricultural sector transportation planning, preliminary I $2,269 filing with the Director, within ten proposed development, using the of these capital improvements
(but does not include office uses). engineering, engineering design I Multi-Family Dwelling$1,486 (10)days of the date of the written methodology set forth in the impact exceeds the obligation to pay impact
Typical uses include feedlots,dairies; studies, land surveys, alignment ! Mobile Home Park Pad decision,a written position statement fee study fees for which a credit is provided
factory farms, sales of agricultural studies, right-of-way acquisition, i $1,392 stating and specifying briefly the pursuant to this Section,the Capital
equipment or supplies, commercial engineering, permitting and i Hotel/Motel Room$1,311 grounds of the appeal The only 3.An Independent Fee Calculation Contribution Front End Agreement
agricultural storage facilities, agri- construction of all necessaryfeatures Shopping Center/Commercial 1,000 grounds for administrative appeal Study for drainage impact fees shall provide proportionate and
entertainment facilities (i.e., roping for any County arterial or collector scL ft.$3,146 to the Director is an appeal of the shall provide independent sources fair share reimbursement for such
arena,corn mazes,etc.),and similar road, undertaken to accommodate ! Office1,000 sq.ft.$2,075 Land Use Type. The Director shall of data for determining appropriate excess contribution
uses. additional traffic resulting from new I Institutional/Quasi-Public 1,000 sq. then have power to affirm or modify measures of impervious cover
development, excluding site-related ft.$1,074 the decision of the Department. The to be added by the proposed D. The credit agreement shall be
Building permit means a building improvements and including but not Manufacturing/Industrial 1,000 sq. Director shall make written findings development. completed in accordance with an
permit issued in accordance with limited to the
following:
grew through ft.$2,043 ; of fact and conclusions of law, and improvements agreement prior to
Chapter 29 of this Code before any 9 Warehouse 1,000 sq ft.$1,041 apply the definitions of the land use F.Procedures. recording the final plat associated
building or construction activity can i lanes; Mini-Warehouse 1,000 sq ft $434 categories in this Chapter 20 and with the parcels created.
be initiated on a parcel of land. b.Construction of new bridges; Agricultural Commercia 1,000 sq. the provisions of this Section. The 1.An Independent Fee Calculation
ll c. Construction of new drainage ft $664 applicant may appeal the decision Study shall be undertaken through E. Credit shall be in an amount
Commercial as defined in facilities in conjunction with new of the Director to the Board of the submission of an application for equal to fair market value of the land
accordance with Section 23-1-90 of road construction, excluding. the County Facilities Impact Fee ' County Commissioners according an independent fee calculation. dedicated for right-of-way at the time
this Code. installation of culverts, which are Schedule to the appeal procedures set forth in of dedication, the fair market value
accounted for in the drainage impact Section 2-4-10 of this Code. Upon 2. Within ten (10) days of receipt of the construction at the time of
Commencement of development fee; Land Use Type Unit Fee per receipt of either the Director's or of an application for Independent its completion, or the value of the
occurs upon the issuance of a d.Purchase and installation of traffic Unit Board of County Commissioners Fee Calculation Study, the Director contribution or payment at the time
building permit, or, if a building signals,including new and upgraded Single-Family Detached Dwelling decision the applicant may then shall determine if the application is it is made. .
permit is not required for the signalization; $638 conduct an Independent Fee complete. If the Director determines
development, upon the approval for e, Construction of curbs, gutters, Multi-Family Dwelling $472 Calculation Study as further that the application is not complete, F. The determination of any credit
any development application that is sidewalks,medians and shoulders; Mobile Home Park Pad described in Sec.20-1-80. ! a written statement specifying shall be undertaken through the
the last application required prior to f.Relocating utilities to accommodate $642 the deficiencies shall be sent by submission of an application for
development or use of land. new road construction; Hotel/Motel Room$290 Sec.20-1-70.,Exemptions. mail to the person submitting the Credit Agreement, which shall be
g. The construction and Shopping Center/Commercial 1,000 application. The application shall be submitted to the Director at the time
Dairy as defined in accordance with reconstruction of intersections; sq:ft.$6018 The following shall be exempt from deemed complete if no deficiencies of final platting. The application for
Section 23-1-90 of this Code. h.The widening of existing roads; Office 1,000 sq.ft.$302 the terms of this Chapter 20. An are specified. The Director shall take a Credit Agreement shall include the
i.Bus turnouts; Institutional/Quasi-Public 1,000 sq. exemption must be claimed by the I no further action on the application _ following information:
Director means the Director of the �.Acceleration and deceleration ft.$188 fee payer at the time of issuance of until it is deemed complete.
Department of Planning Services. anes; Manufacturing/Industrial 1,000 sq. a building permit. The Director shall 1. If the proposed application
k.Interchanges; ft.$152 determine the validity of any claim 3. When the Director determines involves a credit for any contribution,
Fee payer means a person I.Traffic control devices;and Warehouse 1,000 sq ft. $68 for exemption. that the application is complete, the following documentation must
commencing development who is m. Construction of gravel to paved Mini-Warehouse 1,000 sq.ft. $54 the application shall be reviewed be provided:
obligated to pay an impact fee in road. Agricultural Commercial 1,000 sq. A. Any residential remodeling, by the Director with the assistance
accordance with the terms of this ft.$128 enlargement, addition, replacement of the Department of Public Works a.Acertified copy of the development
Chapter 20. Shopping center/commercial means or construction of accessory staff, and the Director shall render approval in which the contribution
establishments engaged in the Drainage Impact Fee Schedule structures that does not result in the a written decision in forty-five (45) was agreed.
Hotel/motel as defined in accordance selling or rental of goods, services 'creation of any additional dwelling days on whether the fee should
with Section 23-1-90 of this Code. or entertainment to the general Land Use Type Unit Fee per Unit ! units,shall be exempt from road and be modified and, if so, what the b.If payment has been made,proof
public. Such uses include,'but are All Land Uses Sq. Ft.of Impervious County facilities impact fees,but not amount should be, based upon the of payment.
Impervious cover means the not limited to, shopping centers, Cover*$0.10 I drainage impact fees. standards below.
horizontal square footage of the discount stores,supermarkets,home c. If payment has not been made,
parcel, or the portion of the parcel improvement stores, pharmacies, 'The impervious area of streets or B. Any development for which a G. Standards. If, on the basis of the proposed method of payment.
attributable to the construction automobile sales and service, driveways within the public right- completed application for a building generally recognized principles of
covered by the building permit, banks, movie theaters, amusement of-way adjacent to the parcel shall permit was submitted prior to the impact analysis, it is determined d. Weld County Improvements
covered with roofs, driveways, arcades, bowling alleys, barber be included up to the centerline effective date of this Weld County that the data, information, and Agreement,if applicable.
sidewalks, patios, swimming pools shops,laundromats,funeral homes, of the street. Gravel roads and Impact Fee Ordinance,provided that assumptions used by the applicant
and other surface treatments that vocational or technical schools, driveways shall be counted as 50% the construction proceeds according to calculate that the Independent 2. If the proposed application
prevent the soil from absorbing dance studios,health clubs and golf impervious. to the provisions of the permit and Fee Calculation Study satisfy the involves credit for the dedication of
rainfall courses. the permit does not expire prior to requirements of this Section, the land, the following documentation
C.Inflation adjustment. On or before the completion of the construction. fee determined in the Independent must be provided.
Kennel as defined in accordance Single-family detached means a April 1st of each calendar year, the Fee Calculation Study shall be
with Section 23-1-90 of this Code. single dwelling unit on an individual Board of County Commissioners C. Projects built by'the Federal deemed the fee due and owing i a.A drawing and description of the
lot unattached to any other dwelling shall consider adjusting each fee Government and the State. for the proposed traffic-generating
Manufacturing/industrial means an i unit,including a manufactured home amount in this section by the rate of development. The adjustment shall
establishment primarily engaged or a mobile home not located in a inflation. The rate of inflation shall Sec. 20-1-80. Independent fee be set forth in a fee agreement. If the ; ■see LEGALS
in the fabrication, assembly, or mobile home park. mean the percentage change from calculation. Independent Fee Calculation Study
processing of goods. Typical uses the prior calendar year in the United fails to satisfy the requirements of ' page 14
LEGAL IN OTICES
LEGALS be earmarked to be spent on the following process: Home e An98-0pirt
type of facility for which the fee was Number 2011-2RuleCharter,publishedOrdinanc above, ofme originaldSec.buil2ding0.permiExt.a ion sentence,clause,and phrase thereof irrespective of the fact that any one
collected, and in the same benefit 1. A refund application shall be was introduced and,on motion duly or more sections, subsections,
q from E 3 district in which the fees were submitted within one (1) year made and seconded, approved A. Every original permit issued paragraphs, sentences, clauses,
p g collected. The benefit districts shall following the end of the tenth(10th) upon first reading on February 28, by the Building Official under the or phrases might be declared to be
be configured as follows. year from the date on which the 2011. A public hearing and second provisions of this Building Code shall unconstitutional or invalid.
building permit was issued on the reading is scheduled to be held in expire by limitation and become null
land submitted by a Professional 1. Road impact fees will have proposed development The refund the Chambers of the Board, First and void after the given utilization NOTICE
Land Surveyor,P.L.S. four benefit districts, defined as application shall include evidence Floor Hearing Room, 915 10th period has elapsed. The utilization
the portion of the unincorporated of payment of the fee,a copy of the Street,Greeley,Colorado 80631,on period begins on the date of permit PURSUANT to the Weld County
b. The appraised fair market value area located within the following building permit, and evidence that March 21,2011. All persons in any issuance. The expiration date for Home Rule Charter, Ordinance
of the land, or the appraised value boundaries. the applicant is the successor in manner interested in the reading the building permit shall be specified Number 2011-4 published above,
of the land as shown on the County interest to the fee payer. of said Ordinance are requested to on the permit in accordance with was introduced and,on motion duly
Assessor's records on,or prior to,the a.Benefit District 1 is the area west attend and may be heard. Table 29.2,below. made and seconded, approved
date a building permit application is of U.S. Highway 85 and north of 2.Within ten(10)days of receipt of upon first reading on February 28,
proposed to be issued for the traffic- U.S.Highway 34 and U.S. Highway the refund application, the Director Please contact the Clerk to the Table 29.2 Expiration of Building 2011. A public hearing and second
generating land development activity, 34 Bypass. shall determine if it is complete. If Board's office at phone (970) Permits reading is scheduled to be held in
prepared by a Certified General the Director determines the refund 336-7215, Extension 4225, or fax the Chambers of the Board, First
Appraiser, if applicable, a certified b. Benefit District 2 is the area east application is not complete, a (970) 352-0242, prior to the day Valuation of Building Permit Floor Hearing Room, 915 10th
copy of the development permit in of U.S. Highway 85 and north of written statement specifying the of the hearing if, as the result of a Utilization Period Street,Greeley,Colorado 80631,on
which the land was agreed to be U.S.Highway 34. deficiencies shall be forwarded by disability, you require reasonable $1,000 or less 3 months March 21,2011. All persons in any
dedicated. If the County disagrees mail to the person submitting the accommodations in order to $1,001-10,000 6 months manner interested in the reading
with the appraisal, the County shall c.Benefit District 3 is the area west application. Unless the deficiencies participate in this hearing. $10,001-200,000 12 months of said Ordinance are requested to
pay for an independent appraisal. If of U.S. Highway 85 and south of are corrected, the Director shall $200,001-1,000,000 24 months attend and may be heard.
e County and the land owner still U.S.Highway 34. take no further action on the refund Any backup material, exhibits or $1,000,001-2,000,000 30 months
disagree on the value of the land, application. information previously submitted to $2,000,001-10,000,000 36 Please contact the Clerk to the
the property shall be appraised by d. Benefit District 4 is the area east the Board of County Commissioners months Board's office at phone (970)
a third appraiser chosen by the land of U.S. Highway 85 and south of 3.When the Director determines that concerning this matter may be $10,000,001 and over Letter 336-7215, Extension 4225, or fax
owner's appraiser and the County's U.S.Highway 34 the refund application is complete, examined in the office of the (970) 352-0242, prior to the day
appraiser. The third appraisal shall it shall be reviewed within thirty Clerk to the Board of County B. Exceptions. When an original of the hearing if, as the result of a
be binding on both parties, and the 2. County facilities impact fees will (30) days, and shall be approved Commissioners,located in the Weld permit is issued,the Building Official disability, you require reasonable
cost of the appraisal shall be split have one-benefit district,defined as if it is determined the fee payer or County Centennial Center, Third may approve an expiration date accommodations in order to
evenly. the entire area of the county. a successor in interest has paid Floor, 915 10th Street, Greeley, exceeding the utilization period. participate in this hearing.
' a fee which has not been spent Colorado,between the hours of 8:00 The permittee must demonstrate
3. If the proposed application 3. Drainagge impact fees will have within the period of time permitted a.m. and 5:00 p.m., Monday thru that the complexity or size of the Any backup material, exhibits or
for Credit Agreement involves one benefit district, defined as the under this Division. The refund shall Friday,or may be accessed through project makes completion of the information previously submitted to
construction, the following unincorporated area of the county include the fee paid plus any interest the Weld County Web Page (www. project within the utilization period the Board of County Commissioners
documentation must be provided. earned. co.weld.co.us). E-Mail messages unreasonable. concerning this matter may be
B. Accounting. All impact fees sent to an individual Commissioner examined in the office of the
a.The proposed plan of the specific collected by the County shall be B. Any fees collected may be may not be included in the case file. • Remainder of Section-No change Clerk to the Board of County
construction prepared and certified immediately deposited into an refunded to the fee payer if no work To ensure inclusion of your E-Mail Commissioners,located in the Weld
by a duly qualified and licensed interest-bearing account in the has been done under a building correspondence into the case file, Amend Sec.29-8-50. Extension County Centennial Center, Third
Colorado engineer or contractor, in appropriate impact fee fund. The permit issued in accordance with please send a copy to egesick@ of time for original building Floor, 915 10th Street, Greeley,
accordance with County standards County shall record the name and Chapter 29 of this Code. The co.weld.co.us. permit. Colorado,between the hours of 8:00
and specifications. address of each fee payer,the date Director shall not authorize the a.m. and 5:00 p.m., Monday thru
and amount of impact fees paid and refunding of any fees collected SECOND READING: March 21, The original building permit Friday,or may be accessed through
b. The projected costs for the the benefit district, if applicable. except upon written application for 2011,at 9:00 a.m. holder may submit a request for the Weld County Web Page (www.
suggested improvement which All income derived from these such refund filed by the original fee THIRD READING: April 11,2011,at an extension of time before the co.weld.co.us). E-Mail messages
shall be based on local information investments shall be retained in payer not later than one hundred 9:00 a.m. expiration of the utilization period. sent to an individual Commissioner
for similar improvements, along the appropriate benefit district fund eighty (180) days after the date of The Building Official may extend the may not be included in the case file.
with the construction timetable and spent according to the same the fee collection. BOARD OF COUNTY building permit one (1) time, for a To ensure inclusion of your E-Mail
for the completion thereof. Such requirements as the impact fee COMMISSIONERS period not to exceed three hundred correspondence Into the case file,
estimated cost shall include the cost funds themselves. Record of each C.Afee payer affected by a decision WELD COUNTY,COLORADO sixty-five (365) calendar days. please send a copy to egesick@
of construction or reconstruction, fund account shall be available for of the Director on a refund may Such request shall be submitted in co.weld.co.us.
the cost of all labor and materials, public inspection. appeal such decision to the Board DATED: March 4,2011 I writing and include the applicant's
the cost of all lands,property,rights, of County Commissioners by filing PUBLISHED: March 9,2011,in the : name, address, telephone number, SECOND READING: March 21,
easements and franchises acquired, C. Eligible expenditures. Impact with the Director, within ten (10) Fort Lupton Press the building permit number, site 2011,at 9:00 a.m.
financing charges, interest prior fee funds shall only be spent on days of the date of the written ; address and a description of specific THIRD READING: April 11,2011,at
to and during construction and for capital improvements that expand decision, a written notice stating - - circumstances which prevented 9:00 am.
one (1) year after completion of the capacity of County facilities to and specifying briefly the grounds WELD COUNTY completion of the work prior to the
construction, costs of plans and accommodate growth. Impact fees of the appeal. The Board of County CODE ORDINANCE 2011-4 expiration date. A processing fee BOARD OF COUNTY
specifications, surveys of estimates shall not be used for operations Commissioners, after a hearing, shall be charged if a building permit COMMISSIONERS
of costs and of revenues, costs of and maintenance purposes or for shall affirm or reverse the decision of IN THE MATTER OF REPEALING extension is granted. WELD COUNTY,COLORADO
professional services, and all other the rehabilitation or replacement the Director based on the standards AND REENACTING, WITH
expenses necessary or incident of existing facilities, provided that in this Section. If the Board of AMENDMENTS, CHAPTER 29 Add Sec.29-8-60. Re-permit. DATED: March 4,2011
to determining the feasibility or if existing facilities are replaced County Commissioners reverses the BUILDING REGULATIONS, OF PUBLISHED: March 9,2011,in the
practicability of such construction or with facilities that have additional decision of the Director,it shall direct THE WELD COUNTY CODE If the building or work authorized Fort Lupton Press
reconstruction. capacity,impact fees can be used to the Director to readjust the refund by the original building permit,
fund the portion of the project related in accordance with its findings, In BE IT ORDAINED BY THE BOARD including extension if applicable,
G. Within ten (10) days of receipt to the capacity expansion. no case shall the Board of County OF COUNTY COMMISSIONERS has not received final inspection NOTICE OF APPLICATION
of the proposed application for ' Commissioners have the authority to OF THE COUNTY OF WELD, on or before the permit expiration FOR TEMPORARY ASSEMBLY
Credit Agreement, the Director 1.Road impact fee funds from each negotiate the amount of the refund. STATE OF COLORADO: date, all work shall cease until a
shall determine if the application benefit district shall only be spent on The decision of the Board of County new application is completed, fees Pursuant to the Weld County Code,
is complete. If it is determined road capital improvements, as that Commissioners shall be final and WHEREAS, the Board of County to cover direct County costs have a public hearing will be held in the
that the proposed agreement is term is defined in this Chapter. Said not subject to further administrative Commissioners of the County of been paid, and the re-permit is Chambers of the Board of County
not complete, the Director shall road capital improvements shall be appeal. Weld, State of Colorado, pursuant issued. The expiration date for re- Commissioners of Weld County,
send a written statement to the located within the boundaries of to Colorado statute and the Weld permits shall be determined by the Colorado, Weld County Centennial
applicant outlining the deficiencies. the same benefit district;unless the Sec.20-1-120. Periodic review. County Home Rule Charter,is vested scope of the work to be completed. Center,915 10th Street, First Floor,
The Director shall take no further Board of County Commissioners with the authority of administering No extensions shall be granted Greeley, Colorado 80631, at the
action on the proposed application makes specific findings that a At least once every five (5)years, the affairs of Weld County,Colorado, on re-permits if the building official time specified. If a court reporter
for Credit Agreement unfit all project located outside the benefit the Director shall recommend to the and determines that life, safety, and is desired, please advise the Clerk
leficiencies have been corrected or district will provide substantial Board of County Commissioners health issues exist at time of the re- to the Board, in writing,at least five
otherwise settled. benefit to development within the whether any changes should be WHEREAS, the Board of County , permit application. days prior of the hearing. The cost
I.Once the Director determines that benefit district. made to the Impact Fee Study and Commissioners, on December 28, :. of engaging a court reporter shall
this Weld County Road Impact 2000, adopted Weld County Code i Add Sec.29-8-70. New permit. be borne by the requesting party.
:he proposed application for Credit 2.County facilities impact fee Fee Ordinance. The purpose of Ordinance 2000-1, enacting a ' In accordance with the Americans
kgreement is complete, it shall be funds shall only be spent on the this review is to analyze changes comprehensive Code for the County If the building or work authorized with Disabilities Act, if special
eviewed within thirty(30)days. The construction or enlargement of in actual costs, to assess potential of Weld,including the codification of by the original building permit, accommodations are required in
application for Credit Agreement County-owned facilities,excluding changes in needs, to assess any all previously adopted ordinances including extension if applicable, order for you to participate in this
hall be approved if it complies with emergency medical services, changes in the characteristics of land of a general and permanent nature and re-permit,has not received final hearing, please contact the Clerk
he standards above. roads or drainage facilities,for the uses,and to ensure that the impact enacted on or before said date of inspection by the expiration date, to the Board's Office at(970) 336-
purpose of providing additional fees will not exceed a proportionate adoption,and a new permit will be issued upon 7215, Extension 4226, prior to the
l. If the application for Credit capacity to accommodate growth in share of the capital costs attributable receipt of completed application, day of the hearing. The complete
\greement is approved by the the county. to growth. WHEREAS,the Weld County Code all applicable documentation, and case file may be examined in the
)vector, a Credit Agreement shall is in need of revision and clarification payment of full permit fees, per the office of the Clerk to the Board
ie prepared and signed by the 3.Drainage impact fee funds BE IT FURTHER ORDAINED by the with regard to procedures, terms, original permit fee schedule. This of County Commissioners, Weld
applicant and the County. It shall shall only be spent on capital Board that the Clerk to the Board be, and requirements therein. will apply to any subsequent permits County Centennial Center, 915
gecifically outline the contribution, improvements in the unincorporated and hereby is, directed to arrange required to receive a final approval 10th Street, Third Floor, Greeley,
iayment, construction or land area that will expand the capacity for Colorado Code Publishing to NOW, THEREFORE, BE IT of the building or work authorized by Colorado 80631. E-Mail messages
ledication,the time by which it shall of County drainage facilities to supplement the Weld County Code ORDAINED by the Board of County the original building permit. sent to an individual Commissioner
ie completed, dedicated or paid, accommodate stormwater flows, with the amendments contained Commissioners of the County of may not be included in the case file
and any extensions thereof and herein, to coincide with chapters, Weld,State of Colorado,that certain , Renumber Sec. 29-8-50 thru 29- To ensure inclusion of your E-Mail
le dollar credit the applicant shall D. Annual recommendation for fee articles, divisions, sections, and ' existing Chapters of the Weld County 8-70 to become Sec. 29-8-80 thru i correspondence into the case file,
eceive for the contribution,payment ' expenditure. Each year,at the time sub sections as they currently exist Code be, and hereby are, repealed 29-8-100. I please send a copy to egesick@
'r construction. the annual budget is reviewed, the within said Code; and to resolve and re-enacted, with amendments, co.weld.co.us
Department of Public Works shall any inconsistencies regarding and the various Chapters are revised BE IT FURTHER ORDAINED by the DOCKET#: 2011-20
I. A fee payer affected by the recommend appropriations to be capitalization, grammar, and to read as follows. Board that the Clerk to the Board be, DATE: March 21,2011
ecision of the Director regarding spent from the impact fee funds to numbering or placement of chapters, and hereby is, directed to arrange TIME: 9:00 a.m.
redits may appeal such decision to the Board of County Commissioners. articles,divisions,sections,and sub- CHAPTER 29 for Colorado Code Publishing to APPLICANT:
le Board of County Commissioners After review of the recommendation, sections in said Code. BUILDING REGULATIONS supplement the Weld County Code Leahy Family Farm LLC
y filing with the Director,within ten the Board of County Commissioners with the amendments contained Attn:David Leahy
10)days of the date of the written shall approve or modify the BE IT FURTHER ORDAINED by Amend Sec.29-3-110. Permit herein, to coincide with chapters, 22437 Weld County Road 19
ecision, a written notice stating recommended expenditures of the the Board if any section,subsection, application. articles, divisions, sections, and Milliken,CO 80543
nd specifying briefly the grounds fund monies. Any amounts not paragraph, sentence, clause, or sub sections as they currently exist REQUEST: Application for a
,f the appeal. The Board of County appropriated from the impact fee phrase of this Ordinance is for To obtain a building permit, the within said Code; and to resolve temporary assembly of more than
;ommissioners, after a hearing, funds, together with any interest any reason held or decided to be applicant shall first file an application any inconsistencies regarding 350 persons on March 27, May 8,
hall affirm or reverse the decision of earnings,shall be carried over to the unconstitutional,such decision shall on a form furnished by the Building capitalization, grammar, and July 10, September 11, September
1e Director based on the standards following fiscal period. not affect the validity of the remaining Inspection Department for that numbering or placement of chapters, 17 and 18,and November 6,2011.
r this Section. If the Board of portions hereof. The Board of purpose Every such application articles,divisions,sections,and sub- i LEGAL DESCRIPTION: Part of
;ounty Commissioners reverses the ' Sec.20-1-110. Refund of fees. County Commissioners hereby i shall include: sections in said Code. the SE1/4 of Section 9, Township
lecision, it shall direct the Director declares that it would have enacted ' 4 North, Range 67 West of the 6th
l readjust the credit in accordance A. Any fees collected shall be this Ordinance in each and every Athru J-No Change BE IT FURTHER ORDAINED by PM.,Weld County,Colorado
pith its findings. The decision of the returned to the fee payer or the fee section, subsection, paragraph, the Board if any section,subsection, LOCATION: 22437 Weld County
board of County Commissioners payer's successor in interest if the :: sentence,clause,and phrase thereof K.A deposit in the amount of three paragraph, sentence, clause, or Road 19, Milliken, CO 80543
hall be final and not subject to fees have not been spent within ten irrespective of the'fact that any one hundred dollars ($300.00) for a phrase of this Ordinance is for (See Legal Description for precise
irther administrative appeal. (10)years from the date the building or more sections, subsections, major plan review. A fifty-dollar any reason held or decided to be location.)
permit for the development was paragraphs, sentences, clauses, ($50.00) deposit will be required unconstitutional,such decision shall
lec.20-1-100. Use of funds. issued. Fees shall be deemed to or phrases might be declared to be for a minor plan review. Deposit not affect the validity of the remaining BOARD OF COUNTY
be spent on the basis of the first fee unconstitutional or invalid. amount may vary based on the portions hereof, The Board of
L Benefit districts. For the purpose collected shall be the first fee spent ! complexity of the plan review and County Commissioners hereby LEGALS
.f further ensuring fee payers The refund of fees not spent shall NOTICE approved by the Director or Building declares that it would have enacted See
eceive sufficient benefit for fees be administered by the Director, Official. All deposits are required at this Ordinance in each and every
paid: impact fees collected shall and shall be undertaken through the PURSUANT to the Weld County time of application submittal. , section, subsection, paragraph, page 15
Ni)rtice . Pre-,
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing
will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld
County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the date and time
specified below, and a Second and Third reading of said Ordinance will be considered on March 21, 2011
and April 11, 2011.
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 Centennial Center, 915 10th Street, Third Floor, 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 this hearing, please advise 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 Clerk to the Board's Office at
(970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the 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#: 2011-13
BOARD OF COMMISSIONERS DATE: February 28, 2011
TIME: 9:00 a.m.
PLANNER: Tom Parko and Elizabeth Relford
REQUEST: Code Ordinance#2011-2, 2011-3, 2011-4, In the Matter of Repealing and Reenacting, with
Amendments, A portion of Chapter 5, Article VIII Capital Expansion Fee and Stormwater Drainage
Infrastructure Fee, Chapter 20 Road Impact Fees, Chapter 23 Zoning, Chapter 24 Subdivision, Chapter
26 RUA, and Chapter 29 Building Regulations of the Weld County Code
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: February 4, 2011
PUBLISHED: February 9, 2011, in the Ft. Lupton Press
P
n n 7! r'h r n �I" n
t
a r
"Min r'_L
PROOF OF PUBLICATION
FORT LUPTON PRESS -
STATE OF COLORADO NOTICE
Pursuant to the zoning laws of the
COUNTY OF WELD SS. State of Colorado and the Weld
County Code, a public hearing will
be held before the Weld County
I, Allen Messick, do solemnly swear that I am the Publisher Planning Commission in the Weld
County Planning Department
of the Fort Lupton Press that the same is a weekly Hearing Room, 918 10th Street,
Greeley, Colorado, for the purpose
newspaper printed and published in the County of Weld, of considering amendments to
certain sections of the Weld County
State of Colorado, and has a general circulation therein; Code, as currently amended. A
that said newspaper has been published continuously and subsequent First Reading will be
held in the Chambers of the Board
uninterruptedly in said count of Weld for aperiod of more of County Commissioners of Weld
P Y Y County, Colorado, Weld County
than fifty-two consecutive weeks prior to the first Centennial Center,915 10th Street,
First Floor,Greeley,Colorado 80631,
publication of the annexed legal notice or advertisement; at the date and time specified below,
and a Second and Third reading of
that said newspaper has been admitted to the United said Ordinance will be considered
States mails as second-class matter under the provisions 2on011 21, 2011 and April 11,
of the act of March 3, 1879, or any amendments thereof, The complete case file may be
examined by calling the Department
and that said newspaper is a weekly newspaper duly of Planning Services at (9770) 353-
6100 to make arrangements with
qualified for publishing legal notices and advertisements the case planner,or at the office of •
within the meaning of the laws of the State of Colorado. the Clerk to the Board of county
Commissioners, Weld County
That the annexed legal notice or advertisement was Centennial Center,915 10th Street,
9 Third Floor, Greeley, Colorado
published in the regular and entire issue of every number 80631. E-Mail messages sent to
an individual-Commissioner may
of said weekly newspaper for the period of ONE not be included in the 'case file.
correspondence i into the
co ensure
consecutive insertion (s); and that the first publication of inclusion of case file
E-Mail
said notice was in the issue of newspaper, dated 12th day prior to the Planning Commission
hearing,please cat the Department
of JANUARY 2011, and the last on the 12th day of of Planning Services to obtain the
appropriate contact information. For
JANUARY 2011
inclusion of any correspondence
Prior to the Board of Comissioners
r 7 /I/1/ hearing E-mail egesicmk@co.weld.
,f(
If a court reporter is desired for
either hearing, please advise the
Department of Planning Services
Publisher, Subscribed and sworn before me, this 12th or the Clerk to the Board=s Office,
in writing,at least five days prior to
day of, JANUARY, 2011. the a court reporter she alltbe borne engaging
the requesting party. In accordance
�- with the
pAmericans with Disabilities
\,L �`— �`l' `' ations are
required in orderforecial y u to participate
Notary Public. 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
v\ � \ Board of County Commissioners are
subject to continuance,due to lack
of quorum or otherwise. Contact the
Department of Planning Services
U�\� U 11-, [ or the Clerk to the Board=s Office
• at the numbers above, for hearing
j O.1 P contihuance information.
�� �h ! DOCKET#:2011-13
C PLANNING COMMISSION DATE:
OP�;G ,� February 1,2011
• !,__--i- TIME: 1:30 p m.
BOARD OF COMMISSIONERS
DATE:February 28,2011
TIME: 9:00 a.m.
1n\ PLANNER:Tom Parko and Elizabeth
1'1'1 1'L.. I ti, ?0 REQUEST:Code Ordinance#2011-
2, 2011-3, 2011-4, In the Matter of
Repealing and Reenacting with
Amendments,A portion of Chapter
5, Article VIII Capital Expansion
Fee and Stormwater Drainage
Infrastructure Fee,Chapter 20 Road
Impact Fees, Chapter 23 Zoning,
and Chapter 29 Building Regulations
of the Weld County Code
PLANNING COMMISSION
WELD COUNTY,COLORADO
DATED:January 7,2011
PUBLISHED: January 12, 2011, in
the Ft.Lupton Press
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