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WELD COUNTY
CODE ORDINANCE 2002-11
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 Chapter 20 Road Impact Fees, of the Weld County Code
be, and hereby is, repealed in its entirety and re-enacted, with amendments to read as follows.
CHAPTER 20
IMPACT FEES
ARTICLE I
Road Impact Fees
Div. 1. Findings
Sec. 20-1-10. Service Area.
For the purpose of this Article, "Service Area" is defined as all properties located in the
unincorporated areas of Weld County, Colorado.
Sec. 20-1-20. Roadway Improvement Plan and Road Impact Fee Study.
A. Preparation of Plan and Study. Weld County has prepared a Roadway Improvement
Plan and Road Impact Fee Study for the service area.
B. New growth and development. The Roadway Improvement Plan and Road Impact Fee
Study project that there will be a significant amount of new growth and development in
the service area over the next twenty (20) years.
C. Need for capacity expansion. The Roadway Improvement Plan and Road Impact Fee
Study have determined that the projected new growth and development in the service
area will require a substantial expansion in road capital facilities if an adequate level of
service is to be maintained.
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Sec. 20-1-30. Road Capital Improvement Plan.
The Roadway Improvement Plan and Road Impact Fee Study have identified the improvements
required to maintain an adequate level of service on the Service Area Road System. The list of
these improvements for the service area along with descriptions and cost estimates is referred
to as the service area Road Capital Improvement Plan (hereinafter referred to as "Road CIP"),
which is contained in Appendix 20-B to this Chapter.
Sec. 20-1-40. Revenue and fees.
A. Additional revenue needed. The Road Impact Fee Study demonstrates that the existing
revenue generated by the projected new growth and development in the service area
will not be adequate to fund the needed road capital improvements necessary to
accommodate the projected new growth and development in this area if the desired
level of service on the Service Area Road System is to be maintained.
B. Proportionate share policy. In order to address this problem, Weld County has
determined that new land development activity in the service area shall bear a
proportionate share of the cost of the provision of new road capital improvements
required by such development.
C. Road impact fee method. Weld County has determined that the imposition of a road
impact fee in the service area is 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 road capital improvements necessary to accommodate new
development while at the same time maintaining the adopted level of service on the
Service Area Road System and promoting and protecting the public health, safety and
welfare.
D. Authority. Weld County has the authority to adopt a road impact fee for the service
area, pursuant to the Colorado Constitution and Section 29-20-104.5, C.R.S. For the
purpose of this Article, collection of the road impact fee imposed herein shall occur at
the time of issuance of building permits, as allowed pursuant to Section 29-20-104.5(6),
C.R.S.
Sec. 20-1-50. Policy implementation.
A. Coordinated provision of services. In order to implement this policy, Weld County has
adopted the ordinance codified herein establishing the Service Area Roadway
Improvement Plan, Road CIP, Road Impact Fee Study and road impact fee.
B. Assist in Comprehensive Plan implementation. The Roadway Improvement Plan, Road
CIP and road impact fees within the service area assist in the implementation and are
consistent with the Weld County Comprehensive Plan found in Chapter 22 of this Code.
Sec. 20-1-60. No requirement to provide any site specific dedication or improvement.
No individual landowner within the service area is required to provide any site specific
dedication or improvement to meet the same need for capital facilities for which the road impact
fee is imposed pursuant to the terms of this Article.
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Div. 2. General Provisions
Sec. 20-1-100. Short title, authority and application.
A. Title. This Article shall be known and may be cited as the "Weld County Road Impact
Fee Ordinance."
B. Authority. The Board of County Commissioners has the authority to adopt the ordinance
codified herein pursuant to the Colorado Constitution and Section 29-20-104.5, C.R.S.
For the purpose of this Article, collection of the road impact fee imposed herein shall
occur at the time of issuance of building permits, as allowed pursuant to Section
29-20-104.5(6), C.R.S.
C. Application. This Article shall apply to all lands within the unincorporated portion of
Weld County.
Sec. 20-1-110. Intent and purpose.
A. Intent. This Article is intended to implement and be consistent with the Roadway
Improvement Plan, Road CIP and Road Impact Fee Study, and the Weld County
Comprehensive Plan found in Chapter 22 of this Code.
B. Purpose. The above-stated intent is accomplished in this Article by the establishment of
a system for the imposition of road impact fees within the service area to assure that
new development contributes its proportionate share of the cost of providing, and
benefits from the provision of, the road capital improvements identified as needed to be
built in the Road CIP of the service area.
Sec. 20-1-120. Level of Service Standard.
Weld County has determined that the Service Area Road System shall operate at a level of
service of"C" or better.
Sec. 20-1-130. Definitions.
Certain words or phrases unique to this Article shall be construed as herein set out unless it is
apparent from the context that they have a different meaning.
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.
Capacity means the maximum number of vehicles that have a reasonable expectation of
passing over a given section of a road during an average weekday at the desired level
of service, expressed in terms of vehicles per day.
Director means the Director of the Weld County Department of Planning Services. The
Director shall be responsible for administering independent fee calculation studies,
credits and refunds for the Road Impact Fee Program.
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Existing Traffic-Generating Development means the most intense use of land within the
twelve (12) months prior to the time of commencement of traffic-generating
development.
Expansion of the capacity of a road includes any widening, intersection improvement,
signalization or other capital improvement designed to increase the existing road's
capacity to carry vehicles.
Fee Payer means a person commencing traffic-generating development who is
obligated to pay a road impact fee in accordance with the terms of this Article.
Level of Service means a qualitative measure describing operational conditions, from
"A" (best) to "F" (worst), within a traffic stream.
Non-Site-Related Improvement means road capital improvements and right-of-way
dedications for roads that are in the Road CIP that are not site-related improvements.
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.
Road Capital Improvement includes 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
road on the Road CIP, undertaken to accommodate additional traffic resulting from new
traffic-generating development, 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
(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
(i) bus turnouts
a) acceleration and deceleration lanes
(k) interchanges
(I) traffic control devices
Service Area Road System means all major roads, excluding state or federal highways,
identified by the Roadway Improvement Plan in the service area. The Service Area
Road System is identified in Appendix 20-A to this Chapter.
Site-Related Improvement means those road capital improvements and right-of-way
dedications that provide direct access to the development. Direct access improvements
include, but are not limited to, the following:
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(a) driveways and streets leading to and from the development
(b) right- and left-turn lanes leading to those driveways and streets
(c) traffic control measures for those driveways
(d) internal streets.
Credit is not provided for site-related improvements under the terms of this Article.
Traffic-Generating Development is land development designed or intended to permit a
use of the land that will contain or convert to more dwelling units or floor space than the
most intensive use of the land within the twelve (12) months prior to the commencement
of traffic-generating development in a manner that increases the generation of vehicular
traffic.
Traffic-Generating Development, Commencement of, occurs upon the issuance of a
final plat for subdivision, a final plan for planned unit development, or the issuance of a
building permit, whichever occurs first, after the effective date of this Weld County Road
Impact Fee Ordinance.
Trip means a one-way movement of vehicular travel from an origin (one trip end) to a
destination (the other trip end).
Trip Generation means the attraction or production of trips caused by a certain type of
land development.
Vehicle-Miles of Travel(VMT) means the combination of the number of vehicles
traveling during a given time period and the distance (in miles) that they travel.
Div. 3. Imposition of Fee
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 Article. The fee shall be determined and paid
to the Weld County 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 also be determined at that time. 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.
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 Article.
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Sec. 20-1-210. Exemptions.
The following shall be exempt from the terms of this Article. An exemption must be claimed by
the fee payer at the time of application for a building permit.
A. Alterations or expansion of an existing building where no additional dwelling units are
created, the use is not changed and no additional vehicular trips will be produced over
and above that produced by the existing use.
B. The construction of accessory buildings or structures which will not produce additional
vehicular trips over and above that produced by the principal building or use of the land.
C. The replacement of a destroyed or partially destroyed building or structure with a new
building or structure of the same size and use, provided that no additional trips will be
produced over and above that produced by the original use of the land.
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. 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.
Table 20.1
Road Impact Fee Schedule
(See attached)
B. If the type of traffic-generating development for which a building permit is requested is
not specified on the above fee schedule, the Director shall determine the fee on the
basis of the fee applicable to the most nearly comparable type of land use on the fee
schedule. The Director shall be guided in the selection of a comparable type of land use
by the following.
1. Using trip generation rates contained in the most current edition of the report
titled Trip Generation, prepared by the Institute of Transportation Engineers
(ITE), articles or reports appearing in the ITE Journal, or studies or reports done
by the U.S. Department of Transportation or Colorado Department of
Transportation, and applying the formula set forth in Section 20-1-260.
2. Computing the fee by use of an independent fee calculation study as provided in
Division 4 of this Article.
Sec. 20-1-230. Predevelopment review impact fee calculation.
Any person contemplating establishing a traffic-generating development 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 Planning Services 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 Planning Services will provide, within fifteen (15) days of the
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date of submittal of the completed application, a preliminary calculation of the road impact fees
due for the proposed traffic-generating development.
Div. 4. Independent Fee Calculation Study
Sec. 20-1-250. General.
A. The impact fee may be computed by the use of an Independent Fee Calculation Study
at the election of the fee payer, or upon the request of the Director, for any proposed
land development activity interpreted as not one of those types listed on the fee
schedule or as one that is not comparable to any land use on the fee schedule, and for
any proposed land development activity for which the Director concludes the nature,
timing or location of the proposed development makes it likely to generate impacts
costing substantially more to mitigate than the amount of the fee that would be
generated by the use of the fee schedule.
B. The preparation of the Independent Fee Calculation Study shall be the sole
responsibility and expense of the fee payer.
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.
Sec. 20-1-260. Formula.
A. The Independent Fee Calculation Study for the road impact fee shall be calculated by
the use of the following formula:
FEE = VMT x NET COSTNMT
VMT = TRIPS x % NEW x LENGTH = 2
NET COSTNMT = COSTNMT - CREDITNMT
COSTNMT = COSTNMC x VMCNMT
Where:
VMT = Vehicle-miles of travel placed on the major road
system during an average weekday.
TRIPS = Average daily trip ends.
% NEW = Percent of trips that are primary trips, as opposed
to pass-by or diverted-link trips.
LENGTH = Average length of a trip on major road system.
= 2 = Avoids double-counting trips for origin and
destination.
COSTNMC = Average cost to create a new vehicle-mile of
capacity (VMC) based on planned improvements in
Roadway Improvement Plan.
VMCNMT = The system-wide ratio of capacity to demand in the
major roadway system, which is the lower of the
existing ratio or the ratio of new VMC to new VMT
provided in the Roadway Improvement Plan
CREDIT = Revenue credit per VMT, based on percent of cost
anticipated to be paid with other revenues.
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B. The fee calculation shall be based on data, information or assumptions contained in this
Article or independent sources, provided that one of the following applies.
1. The independent source is an accepted standard source of transportation
engineering or planning data.
2. The independent source is a local study on trip characteristics carried out by a
qualified traffic planner or engineer pursuant to an accepted methodology of
transportation planning or engineering.
3. The percent new trips factor used in the Independent Fee Calculation Study is
based on actual surveys prepared in Weld County.
Sec. 20-1-270. Procedure.
A. An Independent Fee Calculation Study shall be undertaken through the submission of
an application for an independent fee calculation. A potential fee payer may submit
such an application. The Director shall submit such an application for any proposed
land development activity interpreted as not one of those types listed on the above fee
schedule or as one that is not comparable to any land use on the fee schedule, and for
any proposed land development activity for which it is concluded the nature, timing or
location of the proposed development makes it likely to generate impacts costing
substantially more to mitigate than the amount of the fee that would be generated by the
use of the fee schedule.
B. 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.
C. When the Director determines that the application is complete, the application shall be
reviewed and the Director shall render a written decision in thirty (30) days on whether
the fee should be modified and, if so, what the amount should be, based on the
standards in Section 20-1-280 below.
Sec. 20-1-280. 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 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 traffic-generating development in Section 20-1-220
above.
Sec. 20-1-290. Appeal of decision.
A. A fee payer affected by the administrative decision of the Director on an Independent
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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.
B. 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 Section 20-1-280 above. 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.
Div. 5. Credits
Sec. 20-1-350. General standards.
A. Any person initiating traffic-generating development may apply for credit against road
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 Article, for any contributions,
construction or dedication of land accepted or received by Weld County for non-site-
related road capital improvements that are identified in the Road CIP that are on the
Service Area Road System.
B. Credits for contributions, construction or dedication of land for non-site-related road
capital improvements on the Service Area Road System identified on the Road CIP shall
be transferable within the same development, but shall not be paid for other public
facilities. The credit shall not exceed the amount of the impact fees due and payable for
the proposed traffic-generating development.
C. Weld County may enter into a Capital Contribution Front Ending Agreement with any
person initiating traffic-generating development who proposes to construct non-site-
related road capital improvements on the Road CIP that are on the Service Area Road
System. To the extent that the fair market value of the construction of these road capital
improvements exceeds the obligation to pay impact fees for which a credit is provided
pursuant to this Section, the Capital Contribution Front Ending Agreement shall provide
proportionate and fair share reimbursement linked to new growth and development's
use of the road capital improvement constructed.
Sec. 20-1-360. Credit against fees.
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 for construction of a non-site-
related capital road improvement on the Road CIP identified on the Service Area Road System.
Sec. 20-1-370. 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.
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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.
2. If the proposed application involves credit for the dedication of land, the following
documentation must be provided.
a. A drawing and legal description of the land.
b. The appraised fair market value of the land at the date a building permit
is proposed to be issued for the traffic-generating land development
activity, prepared by a professional real estate appraiser who is a
member of the Member Appraisal Institute (MAI) or who is a member of
Senior Residential Appraisers (SRA) and, if applicable, a certified copy of
the development permit in which the land was agreed to be dedicated.
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.
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.
C. 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.
D. 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
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Agreement shall be approved if it complies with the standards in Sections 20-1-350 and
20-1-360 above.
E. If the application for Credit Agreement is approved by the Director, a Credit Agreement
shall be prepared and signed by the applicant and Weld 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.
Sec. 20-1-380. Appeal of credit decision.
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 Sections 20-1-350 and 20-1-360 above. 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.
Div. 6. Benefit Areas
Sec. 20-2-400. Establishment and management.
A. Establishment. For the purpose of further ensuring fee payers receive sufficient benefit
for fees paid, four (4) benefit areas are established in the service area. The benefit
areas are defined as follows, and are shown at Appendix 20-C to this Chapter.
1. Benefit Area 1 is the area west of 1-25 and north of U.S. Highway 34 and U.S.
Highway 34 Bypass.
2. Benefit Area 2 is the area east of 1-25 and north of U.S. Highway 34.
3. Benefit Area 3 is the area west of 1-25 and south of U.S. Highway 34.
4. Benefit Area 4 is the area east of 1-25 and south of U.S. Highway 34.
B. Expenditure. Impact fee funds shall be spent within the benefit area wherein the traffic-
generating development paying the fee is located.
C. Establishment of Trust Fund. Weld County shall establish three (3) Southwest Weld
Service Area Benefit Area Road Impact Fee Trust Funds for the purpose of ensuring
that fee payers receive sufficient benefit for road impact fees paid.
Sec. 20-2-410. Fund regulations.
A. All road impact fees collected by Weld County shall be immediately deposited into the
appropriate Service Area Road Impact Fee Benefit Area Trust Fund.
B. All proceeds shall be invested in an interest-bearing account. All income derived from
these investments shall be retained in the appropriate Service Area Road Impact Fee
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Benefit Area Trust Fund until transferred. Record of each fund account shall be
available for public inspection.
C. All proceeds in the Service Area Road Impact Fee Benefit Area Trust Funds not
immediately necessary for expenditure shall be invested in an interest-bearing account.
All income derived from these investments shall be retained in such funds. Record of
the Service Area Road Impact Fee Benefit Area Trust Fund shall be available for public
inspection at the Weld County Department of Accounting during normal business hours.
Sec. 20-2-420. Limitations on expenditures.
Road impact fee funds spent within the service area shall only be expended from funds drawn
from the appropriate Service Area Road Impact Fee Benefit Area Trust Fund. For the purposes
of determining whether impact fee funds have been spent or encumbered, the first fees
collected shall be considered the first monies spent or encumbered.
Sec. 20-2-430. Annual recommendation for fee expenditure.
Each year, at the time the annual budget is reviewed, the Weld County Department of Public
Works shall recommend appropriations to be spent from the Service Area Benefit Area Trust
Funds to the Service Area 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. Expenditures shall be made from the funds
only for those capital road improvement projects on the Road CIP for the appropriate benefit
area. Any amounts not appropriated from the Service Area Benefit Area Trust Funds, together
with any interest earnings, shall be carried over to the following fiscal period.
Div. 7. Fee Refunds and Plan Review
Sec. 20-2-500. Refund of fees not spent.
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, along with interest of five percent (5%) a year. Fees shall be deemed
to be spent on the basis of the first fee collected shall be the first fee spent.
Sec. 20-2-510. Refund procedure.
The refund shall be administered by the Director, and shall be undertaken through the following
process:
A. A refund application shall be submitted within one (1) year following the end of the tenth
year from the date on which the building permit was issued on the proposed
development. The refund application shall include the following information.
1. A copy of the dated receipt issued for payment of the fee.
2. A copy of the building permit.
3. Evidence that the applicant is the successor in interest to the fee payer.
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B. Within ten (10) days of receipt of the refund application, the Director shall determine if it
is complete. If the Director determines the 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.
C. When the Director determines 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 interest of five
percent (5%) a year.
Sec. 20-2-520. Appeal of refund decision.
A fee payer affected by a decision of the Director 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 Division. If the Board of County Commissioners reverses the
decision of the Director, it shall direct the Committee 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. 20-2-530. Review of Plan.
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 Roadway Improvement Plan,
Road Impact Fee Study and Road CIP, and this Weld County Road Impact Fee Ordinance.
The purpose of this review is to analyze the effects of inflation on actual costs, to assess
potential changes in needs, to assess any changes in the characteristics of land uses, and to
ensure that the road impact fees will not exceed a proportionate share. To be amended, the
Roadway Improvement Plan, Road Impact Fee Study, Road CIP and the ordinances must be
approved by the Board of County Commissioners.
APPENDIX 20-A
SERVICE AREA ROAD SYSTEM
(See Attached)
APPENDIX 20-B
SERVICE AREA ROAD CAPITAL IMPROVEMENTS PLAN
(See Attached)
APPENDIX 20-C
SERVICE AREA BENEFIT AREAS
(See 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
2002-2983
PAGE 13 ORD 2002-11
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 2002-11"was, on motion duly made and
seconded, adopted by the following vote on the 23rd day of December, A. D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Glenn Vaad, Chair
Weld County Clerk to the Board
David E. Long, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
William H. Jerke
County Attorney
Robert D. Masden
First Reading: November 13, 2002
Publication: November 20, 2002, in the Tri-Town Farmer and Miner
Second Reading: December 2, 2002
Publication: December 11, 2002, in the Tri-Town Farmer and Miner
Final Reading: December 23, 2002
Publication: December 24, 2002, in the Tri-Town Farmer and Miner
Effective: January 1, 2003
2002-2983
PAGE '14 ORD 2002-11
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