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WELD COUNTY
CODE ORDINANCE 2005-8
IN THE MATTER OF REPEALING AND REENACTING,WITH THE ADDITION OF ARTICLE VIII
TO CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld, including
the codification of all previously adopted ordinances of a general and permanent nature enacted
on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirement therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that existing Chapter 5 Revenue and Finance, of the Weld
County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 5
REVENUE AND FINANCE
ARTICLE VIII
Capital Expansion Fee and Stormwater Drainage Infrastructure Fee
Sec. 5-8-10. New growth and development.
The Board of County Commissioners projects that there will be a significant amount of new
growth and development in the unincorporated areas of Weld County, Colorado, over the next
twenty (20) years.
Sec. 5-8-20. Need for capital expansion and stormwater drainage infrastructure.
The Board of County Commissioners has determined that the projected new growth and
development in the unincorporated areas of Weld County, Colorado, will require a substantial
expansion in County owned capital improvements, including, but not limited to, the Weld County
Jail and other general government facilities, and in stormwater drainage infrastructure.
Sec. 5-8-30. Revenue and fees.
A. Additional revenue needed. Existing revenue generated by the projected new
growth and development in the unincorporated areas of Weld County will not be
adequate to fund the needed capital improvements and stormwater drainage
infrastructure necessary to accommodate the projected new growth and
development.
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B. Proportionate share policy. In order to address this problem, the County has
determined that new land development activity in the unincorporated areas of Weld
County shall bear a proportionate share of the cost of the provision of capital
improvements and stormwater drainage infrastructure required by such
development.
C. Impact fee method. The County has determined that the imposition of impact fees
in the unincorporated areas of Weld County is one (1) of the preferred methods of
regulating land development in order to ensure that new development bears a
proportionate share of the costs of the capital improvements and stormwater
drainage infrastructure necessary to accommodate new development, and
promoting and protecting the public health, safety and welfare.
D. Authority. The County has the authority to adopt impact fees to pay for the capital
improvements and stormwater drainage infrastructure necessary to accommodate
new development in the unincorporated areas of Weld County, pursuant to the
Colorado Constitution and Section 29-20-104.5, C.R.S. For the purpose of this
Article, collection of the impact fees 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. 5-8-40. Establishment of impact fees.
Any person who causes to be constructed a structure within the unincorporated areas of
Weld County shall pay impact fees to Weld County, at the time of the issuance of building permit:
1) A capital expansion fee of$575 per dwelling unit, as that term is defined in Section 23-1-90 of
this Code, or$95 per 1,000 square feet of total floor area for a non-dwelling unit structure; and 2)
A stormwater drainage infrastructure fee of$300 per dwelling unit, or$300 per 1,000 square feet
of total floor area for a non-dwelling unit structure,for any property(including commercial, industrial
and agricultural) located within any urban area as defined and recognized by Weld County, and/or
if development on the property otherwise requires the submission of a stormwater drainage plan.
Sec. 5-8-50. Time of impact fees obligation and payment.
A. After the effective date of this Article, any person or government body who causes
the construction of a structure within the unincorporated areas of Weld County shall
be obligated to pay the capital expansion fee and drainage infrastructure fee,
pursuant to the terms of this Article. The impact fees shall be determined and paid
to the Department of Planning Services at the time of issuance of a building permit
for the development. The impact fees 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. The obligation to pay the impact fees shall run with the
land.
B. Any person who, prior to the effective date of this Article and, as a condition of
development approval, agreed to pay the impact fees required herein, shall be
responsible for the payment of the fees under the terms of any such agreement.
Sec. 5-8-60. Appeal of imposition of impact fees.
The only remedy for a person applying for a building permit who wishes to appeal the
imposition of the impact fees required herein shall be an appeal to the Board of County
Commissioners utilizing the procedures set forth in Section 2-4-10 of this Code.
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BE IT FURTHER ORDAINED that the Clerk to the Board be, and hereby is, directed to
arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and sub-sections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections
in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2005-8 was, on motion duly made and
seconded, adopted by the following vote on the 18th day of July, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the Board
David E. Long
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
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First Reading: June 1, 2005
Publication: June 15, 2005, in the Fort Lupton Press
Second Reading: June 27, 2005
Publication: July 6, 2005, in the Fort Lupton Press
Final Reading: July 18, 2005
Publication: July 27, 2005, in the Fort Lupton Press
Effective: August 1, 2005
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