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Home My WebLink About20102337.tiff WELD COUNTY CODE ORDINANCE 2010-9 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, 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of the County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 Appendix 5-J Land Use Application Fees -ATTACHED 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. PAGE 1 2010-2337 ORD2010-9 The above and foregoing Ordinance Number 2010-9 was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglas Rademacher, Chair Weld County Clerk to the Board Barbara Kirkmeyer, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: William F. Garcia County Attorney David E. Long First Reading: September 13, 2010 Publication: September 22, 2010, in the Fort Lupton Press Second Reading: October 4, 2010 Publication: October 13, 2010, in the Fort Lupton Press Final Reading: October 25, 2010 Publication: November 3, 2010, in the Fort Lupton Press Effective: November 8, 2010 PAGE 2 2010-2337 ORD2010-9 APPENDIX 5-J DEPARTMENT OF PLANNING SERVICES LAND USE APPLICATION FEES Land Use Application Fee 1. Use by Special Review $1,200.00 —Wind Generator(if not 1041 or zoning permit) —Single-family dwelling unit (other than those permitted under Subsection 23-3-20.A) —Expansion of a nonconforming use —Home business —Animal boarding as permitted in Subsection 23-3-40.Q —Bed and Breakfast facility —Oil and Gas Storage Facility —Mobile Home for caretaker —Accessory Building with a gross floor area larger than set forth in Section 23-3-30 —Composting Facility $2,415.00 —Confined Animal Feedlot Operation Less than or equal to 1,000 animal units $2,415.00 Up to and including each additional 1,000 animal unitsI $500.00 —Sanitary Sewer Facility $10,000.00 —Mining Permit $5,000.00 For the first 10 acres plus$20.00 per acre or fraction thereof in excess of 10 acres —Solid Waste Disposal 2 $20,000.00 —Hazard Waste Disposal Site $100,000.00 —Non-1041 Major Facility of a Utility $5,000.00 -1041 Facilities as defined in Chapter 21 of this Code $10,000.00 —All other Use by Special Review Permits $2,500.00 2. Planned Unit Development(1-9 lots) —Sketch Plan $2,100.00 —Change of Zone $1,500.00 plus$50.00 per buildable lot —Final Plat $1,500.00 plus$100.00 per buildable lot3 Planned Unit Development(10 or more lots) —Sketch Plan $5,000.00 —Change of Zone $3,000.00 plus$50.00 per buildable lot —Final Plat $3,000.00 plus$100.00 per buildable lot3 3. Minor Subdivision(1-9 lots) —Sketch Plan $2,100.00 —Change of Zone $1,500.00 plus$50.00 per buildable lot —Final Plat $1,500.00 plus$100.00 per buildable lot3 Major Subdivision(10 or more lots) —Sketch Plan $5,000.00 —Preliminary Plan $2,100.00 —Change of Zone $3,000.00 plus$50.00 per buildable lot —Final Plat $3,000.00 plus$100.00 per buildable lot3 Each subdivision application and buildable lot will be assessed an additional 30%if the site is located in an urban growth boundary, urban development node, intergovernmental defined growth area and/or mixed use land area, and for urban scale developments outside of an urban area. 4. Resubdivision —Lot line changes only $216.00 —Redesign,additional lots or vacation of lots $540.00 —Vacation of roads,streets or alleys only $216.00 PAGE 3 2010-2337 ORD2010-9 5. Subdivision Exemptions —Used with Recorded Exemption $180.00 —Property line adjustment $180.00 —Financing $180.00 —Temporary Use $180.00 —Public and Private Utility $400.00 6. Recorded Exemption(2-,3-and 4-lot) —2 lots $1,000.00 —3 lots $1,300.00 —4 lots $1,600.00 —Amendments $180.00 7. Zoning Permit —Mobile Homes,Manufactured Homes,Accessory $300.00 Dwellings,Temporary Dwellings —Temporary Storage(six months)of a mobile home $75.00 Change of Use(if mobile home is existing) $75.00 8. Zoning Permit for Second Family Dwelling $750.00 9. Zoning Permit for Telecommunication Antenna Tower $500.00 10. Zoning Permit for Non-Commercial Tower $500.00 I I. Zoning Permit for Home Occupation,Class II $300.00 12. Home Occupation,Class I $50.00 13. Zoning Permit for Wind Generator $300.00 14. Temporary Seasonal Permit $75.00 15. Board of Adjustment —Variance $710.00 —Appeal $200.00 16. Change of Zone —Residential and Agricultural uses $2,100.00 plus$150.00 per buildable lot —Commercial/Industrial 5,500.00 plus$150.00 per buildable lot 17. Site Plan Review —Amendment $500.00 —Buildings<10,000 gross sq ft $1,300.00 —Buildings between 10,000-25,000 gross sq ft $2,800.00 —Building 25,000 gross sq ft $5,000.00 —Tenant finish $60.00 All site plan review applications will be assessed an additional 30%if the site is located in an urban growth boundary,urban development node,intergovernmental defined growth area and/or mixed use land area. 18. Substantial Change Hearing $2,000.00 19. Administrative Handling Fee—Special Requests $100.00 20. Building Permit/Illegal Parcel $250.00 21. Investigation Fee An additional 50%of the established application fee PAGE 4 2010-2337 ORD2010-9 22. A preapplication fee will be charged by the County to future applicants when County staff members are asked to assist professional consultants in the preparation of land use applications. The fee shall be an hourly rate charged in 15-minute increments. The hourly rate shall be calculated on a full-cost-recovery basis of the County's costs for the staff positions involved in the assistance. The full cost recovery rate shall be determined by the Director of Finance and Administration and shall include salary,fringe benefits,support costs(services and supplies)and indirect costs calculated in accordance with the County-wide cost allocation plan per Federal OMB- 87 methodologies. Preapplicants shall deposit an estimated amount of the costs prior to the assistance. A final settlement of costs will be determined by the Department of Planning Services once all the work has been completed. 23. Amendment to any Regional Urbanization Area Map and $1,500.00 minimum or$700.00 per parcel,whichever is corresponding Comprehensive Plan greater 24. The creation of a Regional Urbanization area $25.00 per acre 25. Administrative Process —Case continuance $150.00 —Hearing continuance $500.00 —Recording continuance $50.00 per three months 26. Additional fees may be assessed to cover publication costs. 27. For those applications for uses identified to be of high complexity or intensity where a determination is made that County staff will be committing time and resources in excess of the established application fee, the Department of Planning Services may request an applicant submit a fee in excess of the identified fee. The fee shall be escrowed and amounts charged against it by the County based on the standard hourly rate for each department administering or reviewing the permit. The departments shall include,but not be limited to,the Department of Planning Services,Weld County Department of Public Health and Environment,Weld County Department of Public Works,and the Weld County Attorney's Office. The standard hourly rate shall be established by the Weld County Finance Department for the actual time spent on the review of the application. The applicant shall be provided copies of the billing five days prior to the cost actually being billed against the escrow account and the applicant. The applicant's sole remedy to appeal any billing shall be to the Board of County Commissioners. The unused portion of the submitted application fee held in escrow shall be returned to the applicant within 30 days of recording the Special Review plan map, or within 30 days after denial of the application by the Board of County Commissioners,or 30 days after the applicant submits a written request to withdraw the application. PAGE 5 2010-2337 ORD2010-9 Hello