HomeMy WebLinkAbout20023286 NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2002-11 was introduced
on first reading on November 13, 2002, and a public hearing and second reading was held on
December 2, 2002. A public hearing and final reading was completed on December 23, 2002,
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
charding@co.weld.co.us.
ORDINANCE NO. 2002-11
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 20 ROAD IMPACT FEES, OF THE WELD COUNTY CODE
EFFECTIVE DATE: January 1, 2003
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 19, 2002
PUBLISHED: December 25, 2002, in the Tri-Town Farmer and Miner
CHANGES MADE TO CODE ORDINANCE #2002-11 ON FINAL READING
Amend Section 20-1-130. Definitions as follows:
Agricultural Commercial means, for the purposes of this Article, any nonresidential
commercial development not permitted by right in the A (Agricultural) Zone District
described in Chapter 23 of this Code, having less than 2,500 square feet of total floor
space path
Amend Section 20-2-600 as follows:
Sec. 20-2-600. 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.
2002-3286
Amy fe s co►t edrtra Hbe Ee irf ed"to tNe!'fe pa er if no ork Chas been done under:a
bu►iding perrSt Wued in�aecordance*fth Chapter 29 of this ode d`I`he Director shal►
riot et thatrgto teft Mlnq of and `ees collected except upon written application for
Such refunt(,f►led by then ongtnal fee payer not later;tt an ohe_h ndretf eighty(180)days
aikeiltheItateldths4ewaliirealthil
Amend Section 20-2-610 as follows:
Refund procedure l rot edur ,. rithhnid by fee iSl VC R'
The refund of epang vent be administered by the Director, and shall be
undertaken through the following process:
(The remaining portions of Section 20-2-610 remain the same.)
Affidavit of Publication
STATE OF COLORADO
NOTICE OF
County of Weld SS. FINAL IMDND OF
ORDNANCE
I A. Winkler Riesel of said County of Weld Pursuant totheweacwsp
being duly that I publisher Home Rule Charter.
sworn,say am of Ordinance Number 2002-11
was introduced on first
FARMER&MINER reading on November 13,
2032,and a pubic hearing
that the same is a weekly newspaper of general and second reading was
circulation was printed and published in the held on December 2,2002.A pudic hearing and final
town of reading was competed on
December 23.2O2,with no chatext of sso ldOrrdinance,and
g made to the
FREDERICK on motion duly made and
in said county and state that the notice of seconded, was adopted.'
advertisement, of which the annexed is a true Effective date of said
copy has been published in said weekly Ordinance rslisted below.
newspaper for ONE consecutive weeks: that Any backup material,
exhibits or Information
the notice was published in the regular and previously submitted to the
entire issue of every number of said newspaper Board of County
Commissioners concerning
during the period and time of publication of said thismottermoybeexomnea
notice and in the newspaper proper and not in a in the office of the Clerk to
the Board of County
supplement thereof: that the first publication of Commissioners, located in
said notice was contained in the issue of said thewedCa,ntycentennid
Center.91510th Street Third
newspaper bearing the date of DECEMBER Floor, Greeley, Colorado,
25th 2002. and the last publication thereof, in between the hours of 8:00
am.and 5:00 P.m.,Monday
the issue of said newspaper, bearing date, the rhru Friday, og they be
day 25th DECEMBER.2002 that the said accessed through the weld
County Web Page
(wwwco.weid.co.us).E-Mal
FARMER &MINER messages sent to an
individual Ca vnyyaner may
has been published continuously and not be included in the case
uninterruptedly during the period of at least file. To ensure Inclusion of
you E-Mal I carespondence
fifty-two consecutive weeks next prior to the intomecoseffe.peasesend
first issue thereof containing said notice or chardig@co
ncoweiacats.to
advertisement above referred to: and that said
newspaper was at the time of each of the ORDINANCE NO. 2332-u
publications of said notice duly qualified for ORDINANCE TALE: IN THE
that purpose within the meaning of an act MATTER OF REPEALING AND
P P REENACTING, WITH
entitled. "An Act Concerning Legal Notices, AMENDMENTS,CHAPTER 20
Advertisements and Publications and the Fees ROAD IMPACT FEES,OF THE
WELD COUNTY CODE
of Printers and Publishers thereof,and to Repeal EFFECTIVE DATE:Jomiuory I,
all Acts and Parts of Acts in Conflict with the 2003
Provisions of this Act" approved April 7, 1921,
and all amendments thereof, and particularly ROC0DOFCONERS
as COMMISSIONERS
amended by an act approved, March 30, 1923, WELD COUNTY.
and an act approved May 13, 1931. COLORADO
DANI&December 19.2702
ti�
N'tNEUII®: December 25,
/ r ,the TrH m ovn Former
'ubft9Xer
Subscribed and sworn to before me this
2$&dayooff DECEMBELA.D..2002
Notary
Public
P.O.BOX 125
FT.LUPTON. CO 80621 ^-,
•
a i
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
CHAS MN YO CODE
I A. Winkler Riesel of said County of Weld ORDINA READING
NCE llPIN OM
being duly sworn,say that I am publisher of
Amend Section 20-1-130.
Definitions as follows:
FARMER&MINER
that the same is a weekly newspaper of general Agricultural i for th Commercial
rcf
circulation was printed and published in the this Article. any
town of nonresidential commercial
development not permitted
by right In the A(Agricultural)
FREDERICK Zone District described in
Chapter 23 of this Code,
in said county and state that the notice of hawngleathonZyoosaore
feet of total floor space per
advertisement, of which the annexed is a true
fet.
copy has been published in said weekly
Amend newspaper for ONE consecutive weeks: that follows: Section 20-2-600 as
the notice was published in the regular and
entire issue of every number of said newspaper � Refund of
eetelflefler
during the period and time of publication of said
Any fees collected shall be
notice and in the newspaper proper and not in a returned to the fee payer r
supplement thereof: that the first publication of the fee payer's successor in
Interest if the tees have not
said notice was contained in the issue of said been spent within ten(10)
newspaper bearing the date of DECEMBER years from the date the
building permit for the
25th 2002. and the last publication thereof, in development was issued.
the issue of said newspaper, bearing date, the along with interest of five
day 15th DECEMBER.2002 that the said shailbedeemedtobespe�M
on the basis of the first fee
fcollected ee Wit,steal be the Mt
FARMER &MINER
has been published continuously and Any fees collected may be
refunded to the fee payer if
uninterruptedly during the period of at least no work has been done
fifty-two consecutive weeks next prior to the under a building permit
issued in accordance with
first issue thereof containing said notice or Chapter 29of theCode.The
Direcze
advertisement above referred to: and that said the refunding
not anys fees
the tor t of any fees
newspaper was at the time of each of the collected except upon
publications of said notice duly qualified for written aedlicynth faind
wrireftten
nd filed cbyo the axis such
that purpose within the meaning of an act fee payer not later than one
hundred eighty(180)days
entitled. "An Act Concerning Legal Notices, after the date of the fee
Advertisements and Publications and the Fees caiechon.
of Printers and Publishers thereof,and to Repeal Amend section 20-2-610 as
all Acts and Parts of Acts in Conflict with the follows:
Provisions of this Act" approved April 7, 1921, R a f .
and all amendments thereof, and particularly as weeedwe.Rrocedure for
refund of reel not spent.
amended by an act approved, March 30, 1923,
and an act approved May 13, 1931. The refund of fees not spent
shall be administered by the
Director, and shall be
a undertaken through the
undertaken
fdlowing process:
f ,, 1 (The remaining portions of
Section 20-2-610 roman the
inblT tt`er ✓ same.>
Published In Its FOITIN
Subscribed and sworn to before me this Miner Deoer er 252002
25111day of DECEMBER,A.D..2002
L, Notary
Public
P.O.BOX 124
FT.LUPTON. CO 80621
• s tL t y/
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2002-11 was introduced
on first reading on November 13, 2002, and a public hearing and second reading was held on
December 2, 2002, with changes being made as listed below. 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 December 23, 2002. 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
charding@co.weld.co.us.
ORDINANCE NO. 2002-11
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 3 PERSONNEL, AND CHAPTER
9 INFORMATION SERVICES, OF THE WELD COUNTY CODE
DATE OF NEXT READING: December 23, 2002, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 6, 2002
PUBLISHED: December 11, 2002, in the Tri-Town Farmer and Miner
* *
CHANGES MADE TO CODE ORDINANCE #2002-11 ON SECOND READING
Amend Section 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 Us the area west of 1 25U,S Highway 85 and north of U.S.
Highway 34 and U.S. Highway 34 Bypass.
2. Benefit Area 2 is the area east of f-25(J S. HighWay 85 and north of U.S.
Highway 34.
3. Benefit Area 3 is the area west of U.S.#-25 Highway 8a and south of U.S.
Highway 34.
4. Benefit Area 4 is the area east of f-25U.S. Highway 85 and south of U.S.
Highway 34.
Amend Section 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 CommittccDirector 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.
NOTICE a
>
Affidavit of Publication EE a CHANGES MADE E
ORDINANCE OUNCE1 ON
MOND READING
STATE OF COLORADO PSxwmttotheweldCounly
County of Weld SS. Home Rule Charter. Amend Section 20-2-400.
Ordinance Number 2002-11 Establishment and
was Introduced on first management.
1 A. Winkler Riesel of said County of Weld being read on November 13,
duly sworn,say that I am publisher of 2002.as a pubic hearing A. Establenment. For the
and second rearing was purpose of further ensuring
FARMER&MINER held on December 2 2002 fee payers receive sufficient
with changes beep node benefit for fees paid.tour(4)
that the same is a weekly newspaper of general as listed below. A putxlc benefitaeosareestablished
circulation was printed and published in the town of hearing and trod rearing is in the service area. The
scheduled to be held In the benefit areas are defined as
FREDERICK fl crHe Chambers ano9151F� Appendix and are noon is
in said county and state that the notice of advertisement,of Street. Greeley. Colorado p 20-C to this
which the annexed is a true copy has been published in said 31°nDecenber2&2002.
weekly newspaper for ONE consecutive weeks: that the interes wnl enien�extreaaing manner 1 west
ofit Area 1 Is the area
85
notice was published in the regular and entire issue of every of said Ordinance are west of h of U.S.Highway 34
number of said newspaper during the period and time of requested to attend and and UMg way 38 BYP 34
publication of said notice and in the newspaper proper and not nay be head. and U.S.S Highway 34 Bypass.
in a supplement thereof: that the first publication of said 2 Benefit Area 2 is the area
notice was contained in the issue of said newspaper bearing Please contact the Clerk to east of '26U.S.Highway 85
the date of DECEMBER 11th 2002. and the last line Board'sOmce at Phone and north of U.S. Highway
publication thereof,in the issue of said newspaper,bearing (970) 336-7215. Extension U.
date,the day 11th DECEMBER.2002 that the said parr a fox(970)352-0242.
It as a e uayd amehcarxp west 3,Benefit Area 3 i the y 5
gsutroraWomble west of haofS Highway 85you require reasonable 34d south of U.S.Highway
FARMER &MINER aaswrmndn a wring. 34.
has been published continuously and uninterruptedly parllolpatentne nerng.
during the period of at least fifty-two consecutive Any backup material. 4.BeneM Area 4 is the area
earl of I
weeks next prior to the first issue thereof containing exhibits or Information
said notice or advertisement above referred to: andand south o of U.S. Highway r Highway 85
ixevNX+ey submitted to the 34.
that said newspaper was at the time of each of the Board of County
publications of said notice duly qualified for that Commissioners concerning Amend Section 20.2-520.
within the meaning of an act entitled. "An nH i.ott�''wevn"ed Appeal of refund decision.
purpose in the toes d the Clerk to
Act Concerning Legal Notices, Advertisements and the Eoord of County A tee payer affected by a
Publications and the Fees of Printers and Publishers Cmynsoiwn located In dec(slon of the Directs may
thereof,and to Repeal all Acts and Parts of Acts in meMbNCanNCenternbl appeal such decision to the
Conflict with the Provisions of this Act" approved Center.91510th street.TNrd Board of County
April 7, 1921, and all amendments thereof, and Floor. Greeley. Colorado, Carvnmoners by filing with
particularly as amended by an act approved, March o° Hip °on� the days of th wa ten the
30,1923,and an actapproved May 13,193 • thru Friday, or may be of the date of the
�' written decision. a written
/-1 41 /2' Q"..de
CountytlM Web the weenoticestatingandspecifying
eCounty web Page brieM the groves of hire• (5/11y (www.c°.wels.co,us).E-Mail gppey. otter
Clishersages
sent to an Commissioners.ingh anef e
n bIn CortdfIn then may hethe decision
of not b Included n usi case the decleon d the arils In
yo. To assure inclusion spode a based eo the the ard of
Yoo hecoeareapasesend Yd tlorm. If Board othen rs
Subscribed and sworn to before me this 11th InrothecoserAe.deasesenr County commissioners
day of DECEMBF,;<{, A,D, 2002 a copy to reverses the decision of the
chaang@co.weld.co.us. Director. it shall direct the
ORDNANCE NO. 2002-I I Cbrr,mibeDlrector to
readjust the refund in
' ORDINANCE 7RLE: IN THE o0aadmcewlthitsfindngs.
MATTER OF REPEALING AND n rd.cafe eras the Board of
/ REENACTING, WITH C°untyC°"mletl°ne'ahave
ulhattylonegoliatelhe
Notary Public./ AMENDMENTS CHAPTER 2 amotheunt f the refund. The
• ADMINISTRATION.CHAPTER3 decision of the Board of
PERSONNEL AND CHAPTER CasolyConvrisoloners shall
9 INFORMATION SERVICES. be Mal old not subject to
P,O,BOX 125 OF THE WELD COUNTY CODE furtnef administrative
DATE OF NEXT READING: Gat
December 23.2002.at 990 gtbl Med in the Farmer&
FT.LUPTON. CO 80621 °'"m Meet December 11.2002.
BOARD OF
COUNIYCOMMIS.SONERS
WELD COUNTY,
COLORADO
•
Ili:
I DATED:December 6.2002
1 ,
ii;
1,' ,
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.
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.
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.
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
0) 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:
(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.
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
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 - CREDIT/VMT
COSTA/MT = 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.
VMCA/MT = 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.
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
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.
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 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 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.
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
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 2002-11 published above,
was introduced and, on motion duly made and seconded, approved upon first reading on
November 13, 2002. 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 December
2, 2002. 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
charding@co.weld.co.us.
SECOND READING: December 2, 2002, at 9:00 a.m.
THIRD READING: December 23, 2002, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 15, 2002
PUBLISHED: November 20, 2002, in the Tri-Town Farmer and Miner
HoveB.
WEWCOWIN determined e Fee Study Assist in
ctednthat the emenComprehensivet The Budding permit means a
CODE ORDNANCE RODt-I1 prolectetl new grewM and implerrwniafion. The building permit issued in
development in the service Roadway Improvement of this ode before ny
INTHEMATTERCf REPEALING area wdrewn rood
capita pion, Rood CIP ond rood of code before any
AND REENACTING, WITH expansion In rood capital inpactfeeswilhmmeservrce building or construction
Affidavit of Publication AMENDMENTS.CHAPTER 20 fadatleslt on adequate level area assist in the activity conbe initiated on
ROAD IMPACT FEES.OF THE of sehricelstobemaintainetl. parcel of land
WEIR COUNTY CODE -- . Implementation and are
consistent with the Weld Capacity means the
STATE OF COLORADO sec.20440.Road Copilot Cantyn Chapter
at in maximum number of
County of Weld SS. BE IT ORDAINED BY THE NrpprertNnl Plan' found In Chapter 22 of this
vehicles that have a
BOARD OF COUNTYCode. reasonable expectation of
COMMISSIONERS OF THE The Roadway Improvement
I A. Winkler Riesel of said County of Weld being COLNany 17'WELD.STATE OF of a roaoderogrannverage
duly sworn,say that 1 am publisher of COLORADO: Plan andve id Impact Fee toSe E0.ny site aentrrnr of orootl during esaverage
Study hove identified the to provide any site goer tic weekdayat thedeered level
WHEREAS. the Board of improvements required to deacatbnpr Improvement of service,expressed;n terms
FARMER&MINER Ca ityCornmsslonersofthe afservmaintdn an adequate level of venides per day.
County of Weld. State of of servlyeonineeery ce Area - Na individualteet landowner
that the same is a weekly newspaper of generalRnpravetem.theiheserefe within the service area is Director means the Director
Colorado. pursuant e to rovemenlitor theserticeany' of the Weld County
was printed and published in the town of Colora o statute and the r"p required to Provide ate y
area along with descriptions specific dedication or Department of Planning
Weld County Home Rule
andcos .iies'isreterred improvement to meet he Services The Director snow
FREDERICK Charter, is vested with the aerc
auMaitYofatlrrtinistering the tons the service area Road some need for capital be responsible for
in said county and state that the notice of advertisement,of Capital Improvement Plan focafias for which the road administering independent
which the annexed is a true copy has been published in said affairs of Weld County, (hereinafter referred to as impact fee is imposed tee tee calculation studies.
weekly newspaper for Colorado,and 'Road CIP'), which is
pursuant to the terms of this credits and refunds for the
ONE consecutive weeks: that the contained In Appendix 20-B Article. Road Impact Fee Program
notice was published in the regular and entire issue of every WHEREAS, the Board of to this Chapter.
number of said newspaper during the period and time of County Commissioners an DN.2. General Provisions
ing
publication of said notice and in the newspaper proper and not December 28, 2000, Existing meanstraffic- e the
in a supplement thereof: that the first publication of said adopted WeldCountyCotle s•20-1-b.Revenue and mostDev intense pmem use and
notice was contained in the issue of said newspaper Ordinance 2000.1,enacting ' Sec_authority20-and
p0. Short title, most use of land
bearing a application. within rnetwelve(12)months
a comprehensive Code for A. AdditionalTh Ro revenue
the date of NOVEMBER 20th 2002.and the lastono, to the time of
the County of Weld, needed The Road Impact A. Title. This Article fhalled generating development
commencement of traffic.
publication thereof,in the issue of said newspaper,bearing including the codification of FeeStutl tlemonstrotesMot be known and may bected
date,the day 20th NOVEMBER.2002 that the said all previously adopted the existing isting revenue as the'Weld County Road
ordinancesofageneraantl
permanent nature enacted enero
n ted by the projected Impact Fee Ortlmance." Expansion at capaCeyof
on or before said date of
new growth and a road includes any
FARMER &MINERdevelopment in the service B. Authority. The Board widening, intersection
adoption.and area will not be adequate to of Count C to adopt onertMs
has been published continuously and uninterruptedlyfund v improvement. signdraotion
during the period of at least fifty-two consecutive WHEREAS,the weld Canty capital the needed road the ordinance
authority to the or ottbt capitol
weeks next prior to the first issue thereof containing Code is In need of revision improvements ordinance codified herein improve the designed to
the o new growthe pursuant to the Colorado increase the existing road's
and clarification with regard projected new growth Constitution and Section 29- capacity to carry vehiclesto .
said notice or advertisement above referred to: andthe
that said newspaper was at the time of each of the requirements procedures terms. and a^ddeveroprnentlnthsareo 20-104.5, C.R.S. For the
publications of said notice duly qualified for that therein. • if tnedesired level of service purpose of this Article. Fee Payer means a person
purpose within the meaning of an act entitled. "An NOW, THEREFORE, BE IT on Sythestem
Service Area Rood tee imposed
d hereiroad n tact commencing irofent
Act Concerning Legal Notices, Advertisements and ORDAINED by the Board ofoc System is to be mointoinetl. fee Imposed herein shoo generating development
Publications and the Fees of Printers and Publishers CountyCommissianersofthe 0t buildinur atthetime ohssuonce roadwh is obligated to pay o
B.Proparlonateshare policy. of building permits. os impact tee in
thereof,and to Repeal all Acts and Parts of Acts in County of weld State of In order to address this allowed pursuant to Section accordance with the terms
CConflict with the Provisions of this Act" approved Rood orotlo, roof ChaptFees er
r 20 problem,Weld County hos 29-20.104.5(6).C R.S. of this Article.
the
April 7, 1921, and all amendments thereof, and Weld County Code be,and determined that new land
particularly as amended by an act approved, March hereby is, repealed in Its development bear in the C.Application. this Article Level of service means ea
30,1923,and an act approved May l3,193�, -- entketyandre-enacted,with service area shall o the unincytooillonds wriM1;n qualitative measure
///� amendments to read as proportionate share of the the unincorporated portion describing operational
tdlows. cost of the provision of new of Weld County. conditions. from 'A- (best)
(Jp'''�h road capital improvements to'F-(worst),within a traffic
C (Z.-C CHAPTER 20 required by such Sec. 20-I-I10. Intent and stream
J� MOMCF FEES development. Purpose.
k'e usher Non-Site-Related
ARTICLE Wald Impact Fees C. Road Impact fee A. Intent. This Article is improvement means road
method. Weld County has intended to Implement and capital improvements and
Subscribed and sworn to before me this 20th Div. I. Findings determined that the be consistent with the right-or-way dedications for
Sole.20-1-IO.Navies Area. imposition of a road impact Roadway Improvement roads that are in the Rood
day of NOVEMBER, fee in the service area is one Plan. Road CIP and Roca CIP that ore notslte+elated
of A.D. 2002
Forrhepurposeof MkAMcle. regulating fine preferred methods of Impact Fee Study.and the improvements.
'Service Area'is defined as velop land Weld County
all properties located in the
development in order to Comprehensive Plan tountl Person means an individual,
unincorporated areas of ensure that new in Chapter 22 of this Code. corporation,body, business bears a agency or business
1 �� J ���( Weld County.Colorado. proportionate Stsothesnare of the B Purpose The above J\ trust, estate. trust.
Sec. RO-1-RO.Rootlway costs of the road capital siatehintenrrticle plrshed patner5Mp.association,two
Notary Pub lC InprovdnsentPbnond Rand ' Improvements necessary to in this Article by the (2)or more persons having
accommodate new establishment of a systemic( taint or common Interest,Or
Impact fee Snldy
development while at the theimpoin the service
i + any other entity
A. Preparation of Plan and some time maintaining the fees within the service area
F.O.BOX 125 adopted level of service on to assure that new Road Capital Improvement
Study. Weld County has
the Service Area Road development contributes its includes the transportation
prepared a Roadway
System and promoting and proportionate share of the planning, preliminary
IrnprovementnanandRoatl
Impact Fee Study for the safety and ngthelfare. earth, cost of providing, and engineering, engineering
FT.CLIFTON, CO 50621safety welfare. benefits from the provision design studies.land surveys
service area. of, the road capital alignment studies, right-of-
y a v` B. New growth and D. Authority. Weld improvements itlentif etl as way acquisition.
p'�} Y G/ County has the authority to needed to be built in the engineering,permitting and
fir-'-.. ,�.' development.The Roadway adaptor road impact fee for Road CIPOHheservice area. necessary
�U/ \�/ improvementPlan and Road theservicearea,pursuant to resor of all
! ,�1 Impact Fee Study projectRood es for any roatl on the
1 that there will beaslgdficant the Section Constitution Sec. 20-1-120. Level of accommodate CIP, additional
to
&7p //�� amount of new growth and and Section 29-20-104.5. Service Standard tram new
E11 gi JC.RB rot Mep po 6of this traffic resulting from new
development in the service impact
fee
eimposemeroatl weld County hos traffic-generating
�T BOND
area over the next twenty
t(`tl/ t OlilviJ r ihaacccur tat the
tlhereinf determined a Systeat thems shall development,the
but
N t J (20)years. shall occur at the time of Area Road System shall not limited to me following.
T`•
viet\f' C. issuance of building permits operate at a level of service
Need for capacity
expansion. The Roadway Se S allowetl pursuant to ot'C'abetter.
improvement Planand Roatl ction29-2x}104.5(6).C.R.S.
Sec.20.1-130. Definitions.
Sec. 20-IPolicy
Implementation. Certain words or phrases
be
unique tothis eicle Nall out
A.CoordinatedicesIn provision of construed itisas herein set out
• services. In order to 'd is apparent from the
ent iM1is policy,Weld context that meaning
M1Ove a
County has adopted the different meaning
I ordinance codified herein
^D LQ Roadway MmSBMce reo
1—t
\ Roadway Improvement
Pbn,Road CIP,Rood Impact
Fee Study and road Impact
fee.
T>
•
(o) construction of new Site-Related Improvement development. The 2. Computing thefee by COSTNMC=Average cost determined that the data. ��
through lanes means those road capital abllgptioltopaythelrnpacf use of an independent tee tocreafea newvehlcle-mile informationandassurrptons
(b) construction of new improvements and nghtof- fee shall run with the land, calculation study as ofcopaclry(VMC)basedan used by the applicant to
°ridges way dedications that provided in Division 4 of this planned improvements In calculate the Independent
(c) construction of new provitle direct access to the B. Any person who,prior Article. Roadway Improvement Fee Calculation Studysasdy
drainage facilities in development.Directaccess t0 the effective date of this Pion. the requirements of this
conjunction with new rood improvements include. but we County Road Impact Sec. 20-1-230. VMC/VMT Jibe system-wide Section,the fee determined
construction are not limitetl to. the Fee Ordinance and, as a Predevelopment review ratio ofcapaciytodemand in the Independent Fee
(d)purcnaseand installation following. condition of development Impact fee calculation. inthemajorraadwaysystem. Calculation Study shall be
of traffic signals, including approval,agreed to pay a which is the lower of the deemed the fee due and
new and upgraded rood impact fee, shall be Any person contemplating existing ratio or the ratio of owing for the proposed
signalization (a) driveways and streets responsible for the payment establishing o traffic- new VMC to new VMT traffic-generating
leading io and from fne
(e) construction of curbs. aevelopmeni of the fee under thetermsoi generating development provided in the Roadway development. The
gutters.sidewalks. medians (b) right- and left-turn any such agreement. The may request o preliminary Improvement Plan - adjustment shall be set forth
and shoulders lanes leading to those payment of such tee by the determination of the impact CREDIT=Revenue credifper in a Fee Agreement. It the
(f) relocating utilities t0 driveways and streets developer will be offset fees due from such VMT, based on percent of Independent Fee
accommodate new road (c) traffic control ogainstanylmpactfeesdue development. A person cost anticipated to be paid Calculation Study fails.to
construction measrYestpihosedrNewoys pursuant to the terms of this requesting a pre- with other revenues. satisfythereWlremenisoftM
(g) the construction and me internalfahoreeis. Article. development review Impact Section.the fee applied shall
reconstruction 01fee calculation shall B. The fee calculation be that lee established be
intersections Credit is notpromtletlforete- Sec.20-1-210. Exemptions. complete and submit to the shall be based on data. the treat lc-generating
(n) the widening of relatetllmprovementsurrtler Department of Planning information or assumptions development in Section 2)'
existing roods the terms of this Article. Thefdlowingshallbeexempt Services the proper contained In this Article or 1-220 above.
(i) bus turnouts from the terms of this Article. application form and an independent sources,
(p acceleration and Traffic-Generating An exemption must be application fee. Using the provided that one of the Sec. 20-1-290. .Appel of
deceleration lanes Development is land claimed by the fee payer at information regarding the following applies, decision.
(k)interchanges development designed or the time of application for a proposed traffic-generating
(I) traffic control devices intended to permit use of building permit. land developmentactviN as 1.The independent source is A. A fee payer affected
the land itofermitill a usain e
submitted on the an accepted standard by the administrative
Service Area Road System convert to more dwelling A. Alterations or application,theDepartment source of transportation decision of the Director on
means all moor roods, expansion of an existing of Planning Services will engineering or planning an Independent Fee
excluding state or federal units or floor space than the building where noadditional provide, within fifteen (15) data. Calculation Study may
highways.idenefled by the mt erssiveuseofthelond dwelling units ore created. daysof the date of submittal appeal such decision to the
RoadwaylmproverrenlPbn within thetwelve(12)monihs tine use is not changed and of the completed 2.The independent source is Board of County
in the service area. The prior the commencement no additional vehicular trips application, a preliminary a local study on trip Commissoners.byflling with
of froifienerating
Service Area Rood System is development ic-gn a manner will be produced over and calculation of the road charocteriticscarriedoutby the Director within ten(10)
identified in ApPendx 2DA that increases the abovethatproducedbythe impact fees due for the a qualified traffic planner or days of the dote of the
to this Chapter. of vehicular existing use. proposed traffic-generating engineer pursuant to an written decision a written
generation
traffic. development. accepted melt uLblogy of notice stating and specifying
B. The construction of transportation planning or briefly the grounds of the
Tra/tic-Generating accessory buildings or Div. 4. Independent Fee engineering. appeal.
structures which will not Calculation Study
Development ,
t of,gccurs produce additional 3. The percent new trips B. The Board o1 CountyCommencemen
upontheissuan Commencement
gc rid vehicular trips over and Sec.20-1-250. General. factor used in the Commissioners, otter
abovethatpM red bythe Independent Fee hearing. shall hove the
plot for subdivision, a find
pi
building or use of A. The Impact fee may Calculation Study Is based pourer to affirm or reverse
plan for planned unit
development or the the land. be computed by the use of on actual surveys prepared the decision of the Director.
development,
nt, orIg the, on Independent Fee In Weld County. In making Its decision, the
whicheverceof occurs erstoffer C. The replacement of a Calculation Study at the Board of County
the effective date of this destroyed or partially election of the fee payer,or Sec.20-1-270. Procedure. ComrMssloners shall make
Weld County Road Impact destroyed building or upon the request of the writtei findings of fact and
structure withanew building Director,for any proposed A. An Independent Fee conclusions of law, and
Fee Ordinance.
astructae of the some size land development activity Calculation Study shall be apply the standards in
and use,provided that no interpreted as not one of undertaken through the Section 261-280 above. If
Trip means o one-way
movement of vehicular additional trips will be those types listed on fine fee submission of an application the Board of County
produced over and above scheaeeo asanethatis not for an independent fee Commissioners reverses the
iravelhananagln(onetrip
end)to a destination (the that producedbyt earp mp ypl coarabean toybnd use calculation. Apotential fee decision of the Director, It
use of the land. ' on tnefee schedule,and for payer may submit such on shall instruct the Director to
other trip end).
any proposed land application. The Director recalculate the fee in
Trip Generation means tine sec.2-1-220,Establish...,_t development activity for shall submit such an, accordance withitsflnangs.
attraction pM or rtion of of fee schedule' which the Director appllcationfa any proposed in no case shall the Board of
cackldesthenatue,timing land development activity CountyComrnssionershave
trpscousedbyocertainlype
of land tlevelopment A. Any person who o location of the proposed interpreted as not one of theauthontytonegotbtethe
ca sesthecommencenenf development makes it likely those types listed on the °mount of the fee or waive
Vehicle-MllesofTravel(VMT) of traffic-generating togeneratelmpactscosting above fee schedule or as the fee. The decision of the
means the cananation of development,except those 1Wsta lttyrnoretomitigafe one that is not comparable Board of County
persons exempted or than the amount of the fee to any land use on the fee Commissioners shall be find
the number of vehicles
preparing on independent that waAdbegeneroted by schedule, and for any and not subject to further
traveling duringaglventime
period and the distance(in fee calculation .study the use of the fee schedule. proposed land development administrative appeal.
miles)that they travel. Pp'suantta DMecn4 hereof, activity for which It Is
Div.3. ImpositIon of Fee shall impact
poy o rood tee B. The preparation of the concluded the nature, Div.5. Credits
Incccordance with the fee Independent Fee timing or location of the
Sec. 211-200. Time of fee scheduecontaredin Table Calculation Study shall be proposed development Sec. 20-1-350. General
20.1. The descripltons of the the sole responsibility and makes if likely to generate standards.
obligation and payment.
land use codes in the most expense of the fee payer. Impactscostingsubstantldry
A. After the effective current edition of the report more to mitigate than the A. Any person initiating
sate of the ordinance titled Trip Generation, C. Any person who amountof the feethotwbpid traffic-generating
codified herein,any person prepared by the Institute of requests to perform an be generated by the use of development may apply for
or government body who Transportation Engineers Independent Fee the tee schedule. credit against road Impact
(ITE), shall be used to Calculation Study shall pay feesotherwlsedue.uptobut
causesihecanmencertlent
determine the appropriate on application fee for B. Within ten(10)daysof not exceeding. the full
of traffic-generating
development within land use type. administrative costs receipt of an application for obligation for Impact fees
orvv-isted with the review Independent Fee proposed to be paid
unincorporated Weld
County (within the Table 20.1Road impact Fee and decision on such study. Calculation Study, the pursuant to the provisions of
Schedule re Directorshdl determine'?the this Article, for any
boundaries of the service
area)shall be obligated to (See attached) Sec.2-1-250. Formula. application is compete. If conhbutlonsconstructionor
the Director determines that dedication of land
pay a road impact fee,
B. If the type of traffic- A. The Independent Fee the application is not accepted or received by
pursuant to the terms of this
Article. The fee shall be gereratingdevelopmentfor Calculation Study for the complete, a written Weld County for non-site-
which a budding permit is road Impact fee shall be statement specifying the related road capital
tleterininetland paid tathe
requestedisnotspecifiedon calculated by the use of the deficiencies shall be sent by Improvements that ore
Weltl County Department of
the above fee schedule,the fallowing formula: mail to the personsubmitfing iden11fledlntheRoadClPIIwt
Planting Servicesd thetlme
Director shall determine the the application. The areontheServiceAreoRoad
of issuance of o building
fee on the basis of the fee FEE=VMT x NET COST/VMT applicationshdl bedeemed System.
Permit for the development
if any credits are due appticabletothemost nearly VMT=TRIPS x%NEWx LENGTH complete if no deficiencies
pursuant to Division 5 of this comparobletypedkmduse .2 are specified. The Director B. Credits for
Article, they shall also be on the fee schedule. The NETCOST/VMT=COST/VMT- shall take no further action contributions constructions
tleerminetlatthaffime.The Director shall be guided in CREDITNMT on the application until it is dedication of land for non-
tea shall be computed the selection of a COST/VMT =COST/VMC x deemed complete. site-related rood capital
separately for the alit°untot comparable type offend use VMC/VMT I rsxuvementsontheSeMce
construction activity by the following. C. When the Director Area Road System identified
Where: determines that the on the Road CIP shot be
covered by the permit.lfthe
building pemxtetaessthan 1. Ueng trip generation VM=Vehicle-miles of travel application iscamplete,the transferable within the same
the entire development. II rotes contained in the most placed on the major rood application shall be development,but shall not
current edition of the report system during an overage reviewed and the Director be paid for other public
the fee is imposed fora
traffic-generating titled Trip Generation, weekday. shall render a written decision facilities.The credit shall not
development that increases prepared by the Institute of TRIPS = Average daily trip in thirty(30)days onwhether exceed the anent of the
traffic impact because of o Transportation Engineers ends. the tee should be modified impact fees due and
he fee meal (ITE), articles or reports %NEW=Percentoftripsthat and,if so,what the amount payable for the proposed
charge in use,t determined by appearing in the ITE Journal, areprimaryhlps,asopposed should be, based on the traffic-generating
be
compueg e difference In or studies or reports done by to puss-by or diverted-link standardsinSection20-1-280 development.
trio U.S. Department of trips. below.
the fee schedule between
the new traffic-generating Department
a Colorado LENGTH =Average length C. Weld County may
development and the Department of of a trip on major road Sec.2-1-287. Standards, enter into a Capital
Tranwpatatbnanticpplmig system, Contribution Front Ending
existing traffic-generating
the formula set forth in . 2 = Avoids double- If,on the basis of generally Agreement vin any person
Section 2.1-250. counting tips for origin and recognized principles of Initiating traffic-generating
destination. Impact analysis, It Is developnentwtoprapcses
ry
tocorrbuctnaSte.ggleq the construction timetable
road capita improvements for the cantpletbn thereof. .n Commissioners, atter a app ovedan fist reading
an the Road that aeon estimated cost yt011 Continued from Page 19 heorlrg.shdloMnnorreverse on November 13,2002. A a
the Service Area Road include the car' of tile decision df the Director public hearing and second
in the service area. The rec mn.rM1kAion,the Board based on the standards In reading is System. To the extent that construction nstru ioor of County Commissioners. scheduled amb tribe
the fait market value of the reconstruction, the cost of benefit areas are defined as this Division. If the Board of held in the Chambers o(fne
construction apital of these road as labor and materials the fellows and are shown at shall approve or motllN the County Commissioners Board First Floor Hearing
Appendix 20-C to this r e c o m m e n tl e d reverses the decision of the Room, 915 10th Street,
capitol improvements cost of all lands, au erty, ex ntlitures of the fund
exceeds the obligation to rights, easements and Chapter. PaDirector, it shall t the Greeley, Cdoratlo uw31,
- Expenditures shall Committee to readjust the a December 2 2002. All
pay impact
rovidefor which franchises a, interestred.
I.Benefit Area 1 is the area be TO(lefromthe tundsany refund In accordance with persons In any manner
credit is provided pursuant financing charges, interest for those ca ital road
to this Section, the Capitalwest of I-25 and north of U.S, P its find In no case shall interested in the r p prior to and during rigsreading of
Contribution Front Ending year ction and fa onetion of Flghypass. dU.S.Highway improvementprojedsonthe the Board of County said Ordinance are
Agreement shall provide year after completion of 34 Bypass. benefit eflefaTheny iate Commissioners have the requested to offend and
area. Any amounts
authority to negotiate the may be heard.
propdrtlonaleattl fair shore construction,costs of plans 2.Benefit Area 2 is the area not appropriated from the amount of the refund. The
regrowtursa-n development's edtonew estimates
collonstsurveysot
growth and estimates of costs and of east or i-25 and north of U.S. Service Area Benefit Area decision of the Board of Please contact the Clerk to
y
use of the road capitol revenues, costs of Menway 34. trust Funtls,rningserwitha Canty Commissioners shall the Boards office at phone
Improvement constructed. professional services.and all interest earnings, shall be be find and not subject to (970) 336-7215, Extension
other expensesto des necessarya 3.Benefit Area 3 is the area carried alP over to the following further administrative 4225,a fax(970)352-0242
Sec.20-1-360.Creditagainst Incident to determining the west of 1-25 and south of U.S. fiscal period. appeal. pnatdthedayoftheheatrg
tees. feasibility a practicability of Highway 34. it os the result aa disability,
Div.].Fee Refundsand Pan you require reasonable
such construction or 4.Benefit Area 4 is the ores Review $ea 2l}2-530.Revlewof Pith.
Credit shall be in an amount reconstruction. occarnrtdattatslnaderto
equal to fair market value of east of 1-25 and south of U.S. At least once every five(5) participate in this hearing.
Sec. 20-2-500. Refund of
the landdedicatedfor right- C. Within ten(10)daysai Highway 34. years. the Director shall
of-wayfees not spent. recommend to the Board of dedica n. the time of receipt ti the proposed Any backup material.
value otion.the far market application for Credit B Expenditure. Impact fee County Commissioners exhibits or information
value of the construction at Agreement,the Director ion funds shall be spent within Any fees ofo ectetl shall be beetheranto the esahoay previously submitted to the
the time of its conpleton,or determine If the application the benefit area whereinthe g thefeetltothe feepayer a bprave to the Roadway Board of County
traffic- eneratln metre payer's successor in
the ay a ntthecontribution that
tmpiele.Hitisd letl g g Improvement Plan, Rood Commissioners eexan-Mng
develo Tent a the fee inlereSl it the teas hove not
or payment at the time It is that the proposed P P Ngg Impact Fee Study and Road ihismatte ybeexamlneo
is located. been spent within ten the CIP, and this Weld County m the office of the Clerk to
mode for constructiona a Di Director
not complete,send dt years from the date th9
pre- nahle gad ' the enactor shall t a building ermit for the Road Impact Fee the Board of a in
improvement on the Road written statement to the C. Establishment Of crust P Ordinance.is
The purpose of Commissioners. located in
dCOP identified on the Service applicant outlining the Fund. Weld County shall along pmBnt was offiv. this review is to analyze the the WeltCOun Centennial
Area Rood System, deficiencies. The Director establish three(3)Southwest along t(5 interest of five effects of inflation on actual Center,third Floor,915101,
shall take no father action Weld Service Area Benefit percent(5%)a year. Fees costs, to assess potential Street Greeley. Colorado,
Sec,20-1-370.Procedurefa oniheproposedrniaraon Area Road Impact Fee Trust shall bedeemed tobespent changes in needs,to assess
credit review. for Credit BBmerttunttidi Funds tar the purpose of on the basis of the first fee between the hours of 8:00
Collected shall be the first any changes In the p,m.antl 5'.p0 p.m.,Monday
deficiencies have been ensuring that fee payers tees nt characteristics of land uses, thru seal through
, or may be
A. The determination of corrected or otherwise .receive sutticieni benefit for PB ' and to ensure that Me road accessedt rough the weld
any credit shall be settled. road impact tees paid. impact fees will not exceed
undertaken through the Sec. 20-2-510. Refund a raaMonate share. To County Web Pgge
Sec. 20-2-410. Fund procedure. (www,ce s sent.us).E-MOM
for
ngreemeplicotbn D. Once the Directorbe amended,the Roo Ra messages sent to on
for Credit Agreement,which determines that the manias:Ye Improvement Plan. Road indvidud Cannissilher
The refund shall bennaY
shall be submitted to the proposed application for administeredbythe Director, Impact Fee Study,Rood CIP not be included in the case
Director. Credit Agreement is and the ordinances must be file. To ensure inclusion of
complete, It shall be and shall be undertaken approved by the Board of yourE-
B. The application fa a reviewed within thirty 30 A All rood impact fees through the following CountyCommissioners. Mpllcoie,pile correspondence
d
Credit Agreement shall days. The applicatbo fa collected by Weld County process'. ntothecasrfile.preasese
a copy to to
include the following Credit Agreement shall be shall be Immediately APPENDIX 20-A charang@cosveld.co.us.
eltl.co.us.
information. approved if H 1Ortplles with deposited into the A. Arefuntl application SERVICE AREAROADSy5TEM rt9� w
appropriate Service Area shall besubm ngthehinane SECOND READING:
she sr,.Aurdsin Sections 20. (1)year the end of (See Attached)
1. If the proposed 1-350 and 20-1-360 above. Road Impact Fee Benefit a December 2 2002 a 9:00
application involves ocredit Area Trust Fund. the tenth year from the date APPENDIX 20-B
onwhichthebuilding permit
for any contribution, the E. If the application for was issued on ine ro SERVICE AREA ROAD THIRD READING:December
following documentation Credit Agreement is B All proceeds inon shall be P Posed CAPITAL IMPROVEMENTS 23,2002,019:00 a.m.
must be provided. ' approved by me Dkeaor,0 invested in an interest- development. the refund PLAN
ODDCredit Agreement shall be derived cant.Allincome fdlawiotion shallinclutle the (See Attached) BOARD OFCONERS
a. Acertnit acopyof the prepared and Welddbythe derived from these fallowing information. COMMISSIONERS
development approval in opplicantadWeldCanie invthe apisshallber service I A copy of the dated APPENDIX 20-C WELD COUNTY,
which the contribution was Hsnansbution, ly outsnethe in the appropriate ServiceSERVICE AREA BENEFITAREAS COLORADO
agreed contribution, payment. Area Road Impact Fee receipt issued for payment (See Attached)
construction or land Benefit Area Trust Fund until of the fee. DATED:November 15.2002
b. H payment has been dedication, the time by transferred.Record of each BE IT FURTHER ORDAINED by
mode.proof of payment. which Hshdl be completed fund account shall be 2. A copy of the building the Board that the Clerk to PubsthetlintheFanner-Mirter
dedicated add antlany available for public Permit. the Board be.and hereby is. November 20,2002.
c. It payment hos not extensions thereof,and the inspection directed to arrange for
been mode.the proposed Evidence that the
proposetl dollar credit the applicant C All proceeas in the applicant is the successor in supple oCote Pudishutg to
method of payment. shall receive for theinterest to the fee supplement the Weld
contribution, payment or Service Area Rand impact Payer. County Code with the
2. If the proposed construction. Fee Benefitivea Trust Fssrntl5 amendments in. contained
application involves credit not Immedbteiy necessary B. Within ten (10) loys of herein, to coincide with
fa the dedication of land. Sec. 20-1-380. Appeal of for expenditure shall be receipt of the refund chapters articles, .Hansa:
the following credit decision. invested in an interest- atplicatian,lhi3Dkectathdl recllcnsandsuasecticnsos
determineit it lscom rte.If Choycurlentlyexisl any
iy
tlo anon must be derived c from
of N income the Director determines the
provided. A decision of the heletl a the roves m from these Code; and ie resolve
of Director in such funds.Record
the apprlwritten nastatemetnt capitalization.
regarding
in such funds. of the a written statement a. pton antllegal regarding credits mayanditallz rin or
description of the land. Board such decision forty Service Area Rood impact specifyingbe a deficiencies numbering fcisor
Board of County Fee Benefit Area Trust Fund shall rssnsubmitting forwarded by mall placement, divisions.
of .sapiens.
b. The appraised fair Commissioners Dircto, filing inspection
a the for d pli person subnleiss the
PPy inn with public articles, -secs sections.
said
the market value ld the land at the of ten the County on at Weld application. Unless the od sub-sections in said
the csedta issuedfar isa days of the date often County Department normal of dthe Director tc ore corrected. code.
Accounting during the shall take no
pr land written decision, a writtenfurther action O n the refund
traffic-generating. land rtoticestafi garxlspecifying buvness nags. BE IT FURTHER ORDAINED by
development activity, briefly the grounds of the application' the Board if any section,
prepared by a professional appeal.TheBoardotCanty 'Sec.20-2-420.Drnitatianson - subsection, paragraph,
real estate appraiser who is Commissioners, after a expenditures. - C. When the Director sentence.clause,or came
a member of the Member heattncshdlaftrmarreverse determines the refund reverse this Ordinance Is fa any
Appraisal Institute(MAO or the decision of the Director Roadmpacifeefundsspent application is complete, it reason held or decided to
who is a member of Senior based on the standards in within the service area shall shallbereviewedvnthinthirfy be unconstitutional. such
Residential Appraisers(SRA) Sections 20-I-350 and 20-1- oniybeexperttledtromhntls (30) days, and shall be derision shall not affect the
and.lfappkcabie.acedfied 360 above. If the Board of drawn from the appropriate approved it it is determined validity of the remaining
copy of the development Service Area Road Impair:I itte tee payer or a successor
County Commissioners Fee Benefit Area Trust Fund in interest has paid a fee portions hereof. The Board
permit in whichbe d the land Was reverses the derision.it shallof County CORhat$r o,Jd
agreed to be dedicated direct thdit in tatoreanh+st For the purposes of which has not been spent herebytlednactedliwald
the credit in arc decision
a determining whbtherinpent within the period of time have enacted this
3. If the proposed at the
tinoings.The decision fee funds have been spent permihedunher ihisDivision. Ordinance in each and
Application for Credit of th Board of County or encumbered.shall tfees The refund shall include the every section, subsection,
Agreement Involves not
shell be final collected shall be fee paid plus interest of five paragraph. sentence.
construction. the following and not subject to further considered or etl the first monies Percent(5%)a year. clause,and phrase thereof
documentation must be administrative appeal. spent or encumbered. irrespective
provided. PPeal' Sec. 20-2-520. Appeal of anyone of the fact that
refund decision, one or more sections.
Div.6. Benefit Areas Sec. 20-2-430. Annualsubsections, paragraphs,
a. Me proposes pion of recommendation for tee sentences, clauses, or
the specific construction Sec.20-2-4(10.Establishment expenditure, phrases might be declared
prepared and certified by a and management. to be unconstitutional or
duly qualified and licensed Each year. Ot the time the A fee payer affected by a invalid.
Colorado engineer or A. Establishment. For the annual budget is reviewed decision of the Director may
conhoctor. purpose of further ensuring the Weld County appeal such decision to the NOTICE
fee payers receive sufficient Department of Public Woks Board Of County
b. The shall recommend Commissioners by filing with
projectedcoshta benefit fees paid,four(4) PURSUANT to the Weld
appropriations 10 be spent the Director.within ten(10)
wggesie Improvement, beneMareasareestd91shetltlo s df the date of the County Home Rule Charter,
fromineust Funds
Benefit yOrdinanceinformation
for srdmbca Continued on Areo Trust Funds to the written decision. a written published Number 200wa
improve en gsi wlltnr noticestafi andsneri n published above. was
improvements, along with MO6 23 Service Area Board of nB M introduced antl,on motion
review
yCommssianers After briefly the grounds of the duly made and seconded.
revie of the aPpeol.The B^AdOrCounty
Hello