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Home My WebLink About20062221.tiff SP tam/ Ruth,' g- /L-1-e oalo WELD COUNTY CODE ORDINANCE 2006-6 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, 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of the County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 20 ROAD IMPACT FEES Amend Sec. 20-1-20. Roadway Improvement Plan and Road Impact Fee Study. A. Preparation of Plan and Study. The County has prepared a Roadway Improvement Plan and Road Impact Fee Study for the service area, dated June 2001, and November 8, 2002, by Duncan and Associates. B through C - No Change. Add the following to Sec. 20-1-130. Definitions. Commercial means a business use or activity at a scale greater than home industry involving retail or wholesale marketing of goods and services. (Refer to Section 20-1-220.B.1.) Dairy means an area of land on which cows are kept for the purpose of producing dairy products in commercial quantities, as well as the related buildings, equipment, and processes. Heavy manufacturing means facilities that manufacture large items and usually have a high number of employees. 2006-2221 PAGE 1 ORD2006-6 Kennels means any place other than a pet shop or veterinary clinic or hospital,where five (5)or more household pets of one(1)species, or a total of eight(8) or more household pets of two (2) or more species, are kept or maintained. Property that is zoned A (Agricultural) and not part of a platted subdivision or unincorporated town, and which is larger than ten (10) acres, shall be permitted to keep or maintain the following without being considered a kennel: eight(8)household pets of one (1) species, or sixteen (16) household pets of two(2)or more species and, in addition, no more than thirty(30) birds, as long as the landowner or occupant holds a current Common Bird Breeder license issued by the Colorado Department of Agriculture Animal Industry Division, and is in good standing with such Division. Light Manufacturing means facilities that have an emphasis on activities other than the conversion of raw materials into finished products, have minimal office space, and typically employ fewer than 500 persons. Examples include printing, material testing, and assembly of data processing equipment. Delete the following from Sec. 20-1-130. Definitions. Level of Service means the system wide ratio of vehicle miles of capacity to vehicle miles of travel on the Service Area Road System. Amend Sec. 20-1-200. Time of fee obligation and payment. A. After the effective date of the ordinance codified herein, any person or government body who causes the commencement of traffic-generating development within unincorporated Weld County (within the boundaries of the service area) shall be obligated to pay a road impact fee, pursuant to the terms of this Chapter. 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. If any credits are due pursuant to Division 5 of this Article, they shall be determined prior to recording the final plat. 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. If the fee is imposed for a traffic-generating development that increases traffic impact because of a change in use, the fee shall be determined by computing the difference in the fee schedule between the new traffic-generating development and the existing traffic-generating development. The obligation to pay the impact fee shall run with the land, and be assessed at the time of building permit issuance. B. Any person who, prior to the effective date of this Weld County Road Impact Fee Ordinance and, as a condition of development approval, agreed to pay a road impact fee, shall be responsible for the payment of the fee under the terms of any such agreement. The payment of such fee by the developer will be offset against any impact fees due pursuant to the terms of this Chapter. (Beginning on September 18, 2006, the County shall annually increase each fee amount in this ordinance by the rate of inflation. Rate of inflation shall mean the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index. Fee changes resulting from inflation shall automatically take effect April of each year.) 2006-2221 PAGE 2 ORD2006-6 Amend Sec. 20-1-210. Exemptions. The following shall be exempt from the terms of this Chapter. An exemption must be claimed by the fee payer at the time of application for a building permit. A through D - No Change. E. The replacement of an existing dwelling for which the applicant/owner can provide adequate documentation that the dwelling has been occupied continuously for the immediate previous six (6) months will not require the payment of a Road Impact fee. Amend Sec. 20-1-220. Establishment of fee schedule. A. Any person who causes the commencement of traffic-generating development, except those persons exempted or preparing an independent fee calculation study pursuant to Division 4 hereof, shall pay a road impact fee in accordance with the fee schedule contained in Table 20.1 below. The descriptions of the land use codes in the most current edition of the report titled Trip Generation,prepared by the Institute of Transportation Engineers (ITE), shall be used to determine the appropriate land use type. (Beginning on September 18, 2006, the County shall annually increase each fee amount in this ordinance by the rate of inflation. Rate of inflation shall mean the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index. Fee changes resulting from inflation shall automatically take effect April of each year.) Table 20.1 Road Impact Fee Schedule Land Use Type Unit Fee Single-Family Detached Dwelling $1,987 Multi-Family Dwelling $1,377 Mobile Home Park Pad $996 Hotel/Motel Room $1,497 Retail/Commercial Commercial 1000 sf. ft. $1,024 Shop Ctr/Gen Retail (0-99,999 sf) 1000 sq. ft. $3,182 Shop Ctr/Gen Retail (100,000-249,999 1000 sq. ft. $3,059 sf) Shop Ctr/Gen Retail (250,000-499,999 1000 sq. ft. $2,934 sf) Shop Ctr/Gen Retail (500,000 sf+) 1000 sq. ft. $2,686 Auto Sales 1000 sq. ft. $2,130 Auto Service/Repair/Tire Store 1000 sq. ft. $1,470 Bank 1000 sq. ft. $8,298 Convenience Store 1000 sq. ft. $7,203 Discount Store 1000 sq. ft. $2,722 2006-2221 PAGE 3 ORD2006-6 Furniture Store 1000 sq. ft. $528 Movie Theater 1000 sq. ft. $4,524 Restaurant, Fast Food 1000 sq. ft. $8,172 Restaurant, Sit-Down 1000 sq. ft. $3,963 Office/Institutional Office, General (0-99,999 sf) 1000 sq. ft. $2,430 Office, General (100,000 sf+) 1000 sq. ft. $2,068 Office, Medical 1000 sq. ft. $5,125 Hospital 1000 sq. ft. $2,380 Nursing Home 1000 sq. ft. $666 Church 1000 sq. ft. $1,126 Day Care Center 1000 sq. ft. $3,133 School 1000 sq. ft. $490 Industrial Industrial 1000 sq. ft. $1,618 Warehouse 1000 sq. ft. $1,149 Mini-Warehouse 1000 sq. ft. $333 Agricultural Commercial 1000 sq. ft. $509 Manufacturing Light Manufacturing 1000 sf. ft. $1,618 Heavy Manufacturing 1000 sf. ft. $348 Other Dog Kennels 1000 sf. ft. $333 Dairy Barns 1000 sf. ft. $509 Remainder of Section - No Change. Amend Sec. 20-1-230. Pre-development review impact fee calculation. Any person contemplating establishing a traffic-generating development having extraordinary circumstances or unusual circumstances may request a preliminary determination of the impact fees due from such development. A person requesting a pre-development review impact fee calculation shall complete and submit to the Department of Public Works the proper application form and an application fee. Using the information regarding the proposed traffic- generating land development activity as submitted on the application, the Department of Public Works will provide, within fifteen (15) days of the date of submittal of the completed application, a preliminary calculation of the road impact fees due for the proposed traffic-generating development. The fee for the Pre-development review shall be full cost of the review process. Amend Sec. 20-1-300. General. A through B - No Change. C. Any person who requests to perform 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. 2006-2221 PAGE 4 ORD2006-6 Amend Sec. 20-1-310. Formula. A through B - No Change. C. If a parcel's use changes without involving the construction or remodel of a structure requiring a building permit, and the change in use impacts the traffic in the neighborhood or transportation service area, a transportation impact study may be required to ascertain the appropriate transportation impact fee for the parcel. Div. 5. Capital Contribution Front End Agreement for Credits. Amend Sec. 20-1-400. General standards. A through C - No Change. D. The credit agreement shall be completed prior to recording the final plat associated with the parcel(s) created. E. Any person who proposes a Capital Contribution Front Ending Agreement for Credit shall pay the application fee for administration costs associated with the review and decision on such study. The criteria for this review is found in Chapter 5, Appendix-D. F. Site related improvements for a development, even if done on the Service Area Roads identified in the Road CIP by a developer, shall not qualify for credits against road impact fees. Amend Sec. 20-1-420. Procedure for credit review. A. 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. B. 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. Remainder of Section - No Change. 2006-2221 PAGE 5 ORD2006-6 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. The above and foregoing Ordinance Number 2006-6 was, on motion duly made and seconded, adopted by the following vote on the 6th day of September, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: M. J. Geile, Chair Weld County Clerk to the Board David E. Long, Pro-Tem BY: Deputy Clerk to the Board William H. Jerke APPROVED AS TO FORM: Robert D. Masden County Attorney Glenn Vaad Publication: July 12, 2006 First Reading: July 24, 2006 Publication: August 2, 2006, in the Fort Lupton Press Second Reading: August 14, 2006 Publication: August 23, 2006, in the Fort Lupton Press Final Reading: September 6, 2006 Publication: September 13, 2006, in the Fort Lupton Press Effective: September 18, 2006 2006-2221 PAGE 6 ORD2006-6 Hello