HomeMy WebLinkAbout20000426 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SOUTHWEST WELD
SERVICE AREA ROAD IMPACT FEE AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with an Intergovernmental Agreement for
the Southwest Weld Service Area Road Impact Fee among the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Planning Services, the Town of Frederick, and the City of Longmont, with terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for the Southwest Weld Service
Area Road Impact Fee among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Planning
Services, the Town of Frederick, and the City of Longmont, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of February, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�A.Lr
ATTEST: '�` i ` .._ •
" � Barbara J irkmeyer, Chair
Weld County Clerk to the .- *II
♦ �
ps• 4
c'Aa ►�' . J. G tje, Pro-Tem
BY: •c-' co %���
Deputy Clerk to the BO t e t
p y George Baxter -,
APPROVED AS TO FORM:
/7 _ $aleK.Hall
ntyAttorn /
y I •' 1�/Q
Glenn Vaal"
2000-0426
ORD211
TOWN OF FREDERICK
1' Ire IN
P.O. BOX 435 • FREDERICK CO 80530 • Phone: (303) 833-236Ion �' FAX: (30$) Ei33-3111th METRO: (303) 659-8729
o /41
January 31, 2000
Weld County Attorneys Office r.
915 10th Street g ':,g FE3 0 3 200c
P.O. Box 1948
Greeley, CO 80632 WELD -"ot �,
Attn. Mr. Bruce Barker A f}RNEy or 1r I
Bruce,
Enclosed are three copies of the Road Impact IGA with my signature.
I am also enclosing a copy of the Town's Ordinance adopting the road impact fee
program. Our ordinance is effective February 19, 2000.
Sincerely,
J
Ed Tagliente, Mayor
Town of Frederick
20064)4;3
,k2, t
TOWN OF FREDERICK, COLORADO
ORDINANCE No.545
AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO AMENDING THE
FREDERICK MUNICIPAL CODE, BY THE ADDITION OF ARTICLE VIII, CHAPTER 4,
THERETO, APPROVING AND IMPLEMENTING THE SOUTHWEST WELD SERVICE AREA
ROAD IMPACT FEE PROGRAM.
WHEREAS, the Board of Trustees, pursuant to Colorado statute, is vested with the
authority of administering the affairs of the Town of Frederick, Colorado, and
WHEREAS, Title 29, Article 20, C. R. S., as amended, authorizes and encourages local
governments to cooperate and contract with each other for the purpose of planning and
regulating the development of land by the joint and coordinated exercise of planning and related
powers, and
WHEREAS, the Board of Trustees of the Town of Frederick, in conjunction with the
Board of County Commissioners of Weld County, Colorado, desires to adopt and implement a
program for the imposition of road impact fees within an area located in the southwestern portion
of Weld County, Colorado, hereby entitled "the Southwest Weld Service Area", including those
portions of the Town of Frederick which are located within said Area, to assure that new
development contributes its proportionate share of the cost of providing, and benefits from, the
provisions of road capital improvements identified as needed to be built in the road Capital
Improvement Plan of the Southwest Weld Service Area, and
WHEREAS, in order to fully implement said road impact fee program in the Southwest
Weld Service Area, this municipality and various other municipalities located therein either have
entered or intend to enter into intergovernmental agreements with the Board of County
Commissioners to define their relative roles and responsibilities with respect to said program.
NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Frederick,
Colorado, as follows:
Section 1. Chapter 4 of the Frederick Municipal Code is hereby amended by the addition
thereto of a new Article to read as follows:
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SOUTHWEST WELD SERVICE AREA
ROAD IMPACT FEE ORDINANCE
Table of Contents
Sec. 4-201 Findings. 3
Sec. 4-202 Short Title, Authority, and Application 4
Sec. 4-203 Intent and Purpose 5
Sec. 4-204 Intergovernmental Agreement. 5
Sec. 4-205 Level of Service (LOS) Standard. 7
Sec. 4-206 Definitions 7
Sec. 4-207 Imposition of Fee. 9
Sec. 4-208 Independent Fee Calculation Study. 12
Sec. 4-209 Credits. 15
Sec. 4-210 Benefit Areas. 17
Sec. 4-211 Refund of Fees Not Spent. 19
Sec. 4-212 Review Every Five Years 20
Sec. 4-213 Exhibit "A," Map, SOUTHWEST WELD SERVICE AREA AND ROAD SYSTEM . .21
Sec. 4-214 Exhibit "B," Table, SOUTHWEST WELD SERVICE AREA ROAD CAPITAL
IMPROVEMENTS PLAN 22
Sec. 4-215 Exhibit"C," Map, SOUTHWEST WELD SERVICE AREA BENEFIT AREAS .25
Implementation 26
Severablilty 26
12/28/9912:18 PM Page 2 of 6
Sec. 4-201 Findings.
A. Boundaries of Southwest Weld Service Area. The boundaries of the
Southwest Weld Service Area are identified on Exhibit"A," which is attached
hereto and is incorporated herein by reference. The boundaries include Weld
County Road ("WCR") 1 (County Line Road), Colorado State Highway 7,
WCR 19, and Colorado State Highway 66. The requirements of this
Ordinance shall apply to all properties located in the incorporated areas of the
Town of Frederick.
B. Efficient Use of Powers to Plan for and Fund Regional Roads. It is the
objective of the Town Board, the Board of County Commissioners of Weld
County and the governing bodies of the other municipalities which participate
in the Southwest Weld Service Area Impact Fee Program (the municipalities,
being collectively referred to hereinafter as "Participating Southwest Weld
Service Area Municipalities") to make the most efficient use of their powers
by jointly implementing planning, zoning, and subdivision requirements for the
provision of road capital improvements for the Southwest Weld Service Area
in order to maintain an adopted Level of Service (hereinafter referred to as
"LOS") on the Southwest Weld Service Area Road System.
C. Intergovernmental Agreement. Pursuant to Col. Const., Art. XIV, Sec.
18(2)(a) and (b), and C.R.S. §§ 29-20-105 and 29-1-201, Weld County and
the Participating Southwest Weld Service Area Municipalities have entered
into, or intend to enter into, the Southwest Weld Service Area Road Impact
Fee Intergovernmental Agreements (hereinafter referred to as the "Southwest
Weld Impact Fee IGA's") to regulate the development of land for the purpose
of providing road capital improvements for the Southwest Weld Service Area
Road System in order to maintain an adopted LOS.
D. Weld County/Coordination. Pursuant to the Southwest Weld Impact Fee
IGA's, the Participating Southwest Weld Service Area Municipalities have
designated Weld County to coordinate their joint efforts.
E. Roadway Improvement Plan and Road Impact Fee Study. Weld County
and the Participating Southwest Weld Service Area Municipalities, pursuant
to their authority to cooperate, have prepared a Roadway Improvement Plan
and Road Impact Fee Study for the Southwest Weld Service Area.
F. 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 Southwest Weld Service Area over the next
twenty (20) years.
G. Need for Capacity Expansion. The Roadway Improvement Plan and Road
Impact Fee Study have determined that the projected new growth and
development in the Southwest Weld Service Area will require a substantial
expansion in road capital facilities if an adequate LOS is to be maintained
12/28/9912:18 PM Page 1 of 2i,
H. Road CIP. The Roadway Improvement Plan and Road Impact Fee Study
have identified the improvements required to maintain adequate LOS on the
Southwest Weld Service Area Road System. The list of these improvements
for the Southwest Weld Service Area along with descriptions and cost
estimates is referred to as the Southwest Weld Service Area Road Capita,
Improvement Plan (hereinafter referred to as "the Southwest Weld Service
Area Road CIP"), which is attached hereto as Exhibit "B,"and incorporated
herein by reference.
Additional Revenue Needed. The Road Impact Fee Study demonstrates
that the existing revenue generated by the projected new growth and
development in the Southwest Weld 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 LOS on the
Southwest Weld Service Area Road System is to be maintained.
J. Proportionate Share Policy. In order to address this problem, Weld County
and the Participating Southwest Weld Service Area Municipalities have
determined that new land development activity in the Southwest Weld
Service Area shall bear a proportionate share of the cost of the provision of
new road capital improvements required by such development.
K. Road Impact Fee Method. Weld County and the Participating Southwest
Weld Service Area Municipalities have determined that the imposition of a
road impact fee in the Southwest Weld 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 adopted LOS on the Road Systems within the Area
and promoting and protecting the public health, safety and welfare.
L. Authority. Weld County and the Participating Southwest Weld Service Area
Municipalities have the authority to adopt a road impact fee for the Southwest
Weld Service Area, pursuant to the Colorado Constitution and the Colorado
statutes.
M. Coordinated Provision of Services. In order to implement this policy,
Town of Frederick adopts this Ordinance establishing the Southwest Weld
Service Area Roadway Improvement Plan, Road CIP, Road Impact Fee
Study and road impact fee.
N. Assist in Master Plan Implementation. The Roadway Improvement Plan,
Road CIP and road impact fees within the Southwest Weld Service Area
assist in the implementation and are consistent with the comprehensive plans
of Weld County and the Participating Southwest Weld Service Area
Municipalities, and Weld County's MUD Plan.
12/28/9912:18 PM Page 4 of 25 Pages
Sec. 4-202 Short Title, Authority, and Application
A. Title. This Ordinance shall be known and may be cited as the "Southwest Weld
Service Area Road Impact Fee Ordinance."
B. Authority. The Town Board has the authority to adopt this Ordinance
pursuant to the Colorado Constitution and Colorado statutes.
C. Application. This Ordinance shall apply to all lands within the incorporated
boundaries of Town of Frederick which lie within the Southwest Weld Service
Area.
Sec. 4-203 Intent and Purpose
A. Intent. This Ordinance is intended to implement and be consistent with the
Roadway Improvement Plan, Road CIP and Road Impact Fee Study for the
Southwest Weld Service Area, the comprehensive plans of Weld County and
the Participating Southwest Weld Service Area Municipalities, and Weld
County's MUD Plan.
B. Purpose. The above stated intent is accomplished in this Ordinance by the
establishment of a system for the imposition of road impact fees within the
Southwest Weld Service Area to assure that new development contributes its
proportionate share of the cost of providing, and benefits from, the provision
of Road Capital Improvements identified as needed to be built in the Road
CIP of the Southwest Weld Service Area.
Sec. 4-204 Intergovernmental Agreement.
A. General. Weld County and the Participating Southwest Weld Service Area
Municipalities have entered into, or intend to enter into, the Southwest Weld
Impact Fee IGA for the purposes of making the most efficient use of their
powers by jointly implementing planning, zoning, and subdivision
requirements for the provision of road capital improvements for the
Southwest Weld Service Area Road System in order to maintain the adopted
LOS on those roads. The Southwest Weld Impact Fee IGA provides for its
implementation through the terms of the IGA and through the adoption of this
Ordinance and similar ordinances by the Participating Southwest Weld
Service Area Municipalities.
B. Weld County Coordination. The Southwest Weld Impact Fee IGA provides
Weld County authority to coordinate the joint efforts of Weld County and the
Participating Southwest Weld Service Area Municipalities in the
administration of the transportation planning and road impact fee program in
the Southwest Weld Service Area. The administration of this impact fee
program will be carried out as follows:
1. A Road Impact Fee Committee shall be responsible for the
administration of the Southwest Weld Service Area Road Impact Fee
Program. The Road Impact Fee Committee shall consist of the public
works directors, county/municipal engineers and planning directors of
12/28/9912:18 PM Page 5 of 25 Pages
each participating local government.
2. The Road Impact Fee Committee shall be responsible for
administering independent fee calculation studies, credits, and
refunds. A Road Impact Fee Board shall serve as the appeal board
for all decisions on independent fee calculations, credits, and refunds
made by the Road Impact Fee Committee. The Southwest Weld
Service Area Road Impact Fee Board shall consist of a member of the
Board of County Commissioners and one elected official from each of
the Participating Southwest Weld Service Area Municipalities.
3. The Weld County Building Inspection Department (hereinafter referred
to as "the Weld County Building Department") shall be responsible for
collecting the fees in unincorporated Weld County and placing them in
the County's Southwest Weld Service Area Road Impact Fee Trust
Fund. Each Participating Southwest Weld Service Area Municipality
shall be responsible for collecting the road impact fees within its
jurisdiction and then transmitting the fees on a quarterly basis to the
Weld County Building Department. The Weld County Building
Department shall deposit the fees transmitted from the Participating
Southwest Weld Service Area Municipalities into the appropriate
Southwest Weld Service Area Road Impact Fee Benefit Area Trust
Fund.
4. The expenditure of road impact fee funds shall be recommended by
the Road Impact Fee Committee on an annual basis and shall be
approved by the Road Impact Fee Board. Road impact fee
expenditures shall be limited to projects included in the Road CIP that
are on the Southwest Weld Service Area Road System. The funds
shall be spent within the Benefit Areas within the Southwest Weld
Service Area from which they are collected.
5. The Road Impact Fee Committee shall prepare an annual report to
Weld County and the Participating Southwest Weld Service Area
Municipalities identifying the projects for which the Road Impact Fee
Board has approved road impact fee funds.
6. The Road Impact Fee Committee shall be responsible for initiating a
review every five (5) years of the Roadway Improvement Plan, Road
Impact Fee Study, Road CIP and the ordinances of Weld County and
the Participating Southwest Weld Service Area Municipalities to
determine if any modifications need to be made. The results of this
evaluation shall be submitted to the Board of County Commissioners
and the governing bodies of the Participating Southwest Weld Service
Area Municipalities. 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 and the governing
bodies of all the Participating Southwest Weld Service Area
Municipalities.
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C. Effective Date. This Southwest Weld Service Area Road Impact Fee
Program Ordinance shall become effective ce tpcvc.c_t
D. Termination.
1. Any of the Participating Southwest Weld Service Area Municipalities
may terminate their participation in the program if any of the other
participating Municipalities materially modify the Roadway
Improvement Plan, Road Impact Fee Study, Road CIP and the Road
Impact Fee Ordinance within their jurisdictions.
2. If a Participating Southwest Weld Service Area Municipality
terminates its participation in the Southwest Weld Impact Fee IGA, the
local government shall provide written notice of its termination to the
Board of County Commissioners and the governing bodies of the
other Participating Municipalities, including the reasons therefore, a
minimum of 120 days prior to the termination. The terminating
Municipality shall have no right to a refund of any road impact fee
funds collected.
3. If for any reason the road impact fee program in the Southwest Weld
Service Area is disbanded, any remaining funds after refunds, shall be
spent on Road Capital Improvements in the Road CIP.
E. Duration. The duration of the Southwest Weld Impact Fee IGA shall be for
twenty (20) years. It may be renewed pursuant to State law.
Sec. 4-205 Level Of Service Standard (LOS). Weld County and the Participating
Southwest Weld Service Area Municipalities have determined that the Southwest
Weld Service Area Road System shall operate at LOS of"C" or better.
Sec. 4-206 Definitions. Certain words or phrases unique to this Section shall be
construed as herein set out unless it is apparent from the context that they have a
different meaning.
A. "Building Permit" means that building permit issued by the Town of
Frederick before any building or construction activity can be initiated on a
parcel of land.
B. "Capacity" means the maximum number of vehicles that have a reasonable
expectation of passing over a given section of a road during an average week
day at the desired LOS, expressed in terms of vehicles per day.
C. "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.
D. "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.
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E. "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
Ordinance.
F. "Level of Service (LOS)" means a qualitative measure describing
operational conditions, from "A" (best) to "F" (worst), within a traffic stream
G. "Non-Site Related Improvements" mean Road Capital Improvements and
right-of-way dedications for roads that are in the Road CIP that are not site-
related improvements.
H. "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 System, Southwest Weld Service Area" means all major roads,
excluding state or federal highways, identified by the Roadway Improvement
Plan in the Southwest Weld Service Area. The Southwest Weld Service Area
Road System is identified in Exhibit "B," which is attached hereto and
incorporated herein by reference.
J. "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: (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, (j) acceleration and deceleration lanes, (k)
interchanges, and (I) traffic control devices.
K. "Road Impact Fee Board, Southwest Weld Service Area" shall serve as
the appeal board for all decisions on independent fee calculations, credits.
and refunds made by the Southwest Weld Service Area Road Impact Fee
Committee. The Southwest Weld Service Area Road Impact Fee Board shall
consist of a member of the Board of County Commissioners and one elected
official from each of the Participating Southwest Weld Service Area
Municipalities.
L. "Road Impact Fee Committee, Southwest Weld Service Area" shall be
responsible for administering independent fee calculation studies, credits,
and refunds for the Southwest Weld Service Area Impact Fee Program. The
Southwest Weld Service Area Road Impact Fee Committee shall consist of
the public works directors, county/municipal engineers and planning directors
of each participating local government.
12/28/9912:18 PM Page 8 of 25 Pages
M. "Site-Related Improvements" mean 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; and (d) internal streets. Credit is not provided for site-
related improvements under the terms of this Ordinance.
N. "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.
O. "Traffic-Generating Development, Commencement of," occurs upon the
issuance of a final plat for subdivision, a final plan for planned unit
development (PUD), or the issuance of a building permit, whichever occurs
first after the effective date of this Ordinance.
P. "Trip" means a one-way movement of vehicular travel from an origin (one
trip end)to a destination (the other trip end).
Q. "Trip Generation" means the attraction or production of trips caused by a
certain type of land development.
R. "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.
Sec. 4-207 Imposition of Fee.
A. Time of Fee Obligation and Payment.
1. After the effective date of this Ordinance, any person or government
body who causes the Commencement of Traffic-Generating
Development within that portion of incorporated Frederick within the
boundaries of the Southwest Weld Service Area shall be obligated to
pay a road impact fee, pursuant to the terms of this Ordinance The
fee shall be determined and paid to the Town of Frederick at the time
of issuance of a building permit for the development. If any credits
are due pursuant to Section 4-209, Credits, 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.
12/28/9912:18 PM Page 9 of 25 Pages
2. Any person who, prior to the effective date of this Ordinance, agreed
as a condition of development approval to pay a road impact fee, shall
be responsible for the payment of the fee under the terms of any such
agreement, and the payment of such fee by the developer will be
offset against any impact fees due pursuant to the terms of this
Ordinance.
B. Exemptions. The following shall be exempt from the terms of this
Ordinance. An exemption must be claimed by the Fee Payer at the time of
application for a building permit.
1. Alterations or expansion of an existing building where no additional
dwelling units are created, the use is not changed, and where no
additional vehicular trips will be produced over and above that
produced by the existing use.
2. 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.
3. 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.
C. Establishment of Fee Schedule.
1. Any person who causes the Commencement of Traffic-Generating
Development, except those persons exempted or preparing an
independent fee calculation study pursuant to Section 4-208,
Independent Fee Calculation Study, shall pay a road impact fee in
accordance with the following fee schedule. 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.
Land Use Type Unit Fee
Single-Family Detached Dwelling $2,031
Multi-Family Dwelling $1,408
Mobile Home Park Site $1.018
Hotel/Motel Room $1.747
Retail/Commercial
Shop Ctr/Gen Retail <100,000 sf 1000 sq. ft. $8,815
Shop Ctr/Gen Retail <500,000 sf 1000 sq. ft. $6,182
Shop Ctr/Gen Retail <1 million sf 1000 sq. ft. $5,080
Shop Ctr/Gen Retail 1 million sf+ 1000 sq. ft. $4,507
Auto Sales 1000 sq. ft. $3,897
Auto Service/Repair/Tire Store 1000 sq. ft. $2.688
Bank 1000 sq. ft. $7 590
Bldg Materials/Hardware/Nursery 1000 sq. ft. $5 156
12/28/9912:18 PM Page 10 of 25 Pages
Convenience Store 1000 sq. ft. $11,734
Discount Store 1000 sq. ft. $4,978
Furniture Store 1000 sq. ft. $967
Movie Theater 1000 sq. ft. $7,448
Restaurant, Fast Food 1000 sq. ft. $10,517
Restaurant, Sit-Down 1000 sq. ft. $7,246
Office/Institutional
Office, General <100,000 sf 1000 sq. ft. $3,430
Office, General <200,000 sf 1000 sq. ft. $2,557
Office, General 200,000 sf+ 1000 sq. ft. $2,116
Office, Medical 1000 sq. ft. $7,662
Hospital 1000 sq. ft. $3,557
Nursing Home 1000 sq. ft. $1,035
Church/Synagogue 1000 sq. ft. $1 ,933
Day Care Center 1000 sq. ft. $2,016
School 1000 sq. ft. $632
Industrial
General Light Industrial 1000 sq. ft. $1,476
Warehouse 1000 sq. ft. $1,052
Mini-Warehouse 1000 sq. ft. _ $530
2. If the type of Traffic-Generating Development for which a building
permit is requested is not specified on the above set forth fee
schedule, the Road Impact Fee Committee 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 Road Impact Fee Committee shall
be guided in the selection of a comparable type of land use by:
a. 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 4-
208; or
b. Computing the fee by use of an independent fee calculation
study as provided in Section 4-208, Independent Fee
Calculation Study.
D. Pre-Development 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 Weld County Building
Department 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 Weld County
Building Department will provide, within fifteen (15) days of the date of
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submittal of the completed application, a preliminary calculation of the
road impact fees due for the proposed Traffic-Generating
Development.
Sec. 4-208 Independent Fee Calculation Study.
A. General
1. 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 Road Impact Fee Committee, 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 Road Impact Fee Committee concludes the nature, timing,
or location of the proposed development make 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.
2. The preparation of the Independent Fee Calculation Study shall be
the sole responsibility and cost of the Fee Payer.
3. 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.
B. Formula.
1. 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 CREDITNMT
COSTNMT
COSTNMT = COSTNMC x VMCNMT
CREDITNMT = DEFICIENCY + REVENUE
DEFICIENCY = EXCESS VMT+ TOTAL VMT x COST/VMT
Where:
VMT = Vehicle-miles of travel placed on the major road system
during an average week day
TRIPS = Average daily trip ends
NEW = Percent of trips that are primary trips, as opposed to
passby or diverted-link trips
LENGTH = Average length of a trip on major road system
+ 2 = Avoids double-counting trips for origin and destination
12/28/9912:18 PM Page 12 of 25 Pages
COSTNM = Average cost to create a new vehicle-mile of capacity
C (VMC) based on planned improvements in Roadway
Improvement Plan
VMCNMT = The system-wide ratio of capacity to demand in the
major roadway system, which is the lower of the existing
ratio or the ratio of new VMC to new VMT provided in
the Roadway Improvement Plan
REVENUE = Revenue credit per VMT, based on percent of cost
anticipated to be paid with other revenues
EXCESS VMT = The sum of existing VMT on individual segments of
major road system that is in excess of existing capacity
TOTAL VMT = Total existing VMT on the major road system
2. The fee calculation shall be based on data, information, or
assumptions contained in this Ordinance or independent sources,
provided that:
a. The independent source is an accepted standard source of
transportation engineering or planning data; or
b. 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; or
c. The percent new trips factor used in the Independent Fee
Calculation Study is based on actual surveys prepared in Weld
County.
C. Procedure.
1. 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 Road
Impact Fee Committee shall submit such an application for any
proposed land development activity interpreted as not one of those
types listed on the above set forth 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 make 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.
2. Within ten (10) days of receipt of an application for Independent Fee
Calculation Study, the Road Impact Fee Committee shall determine if
the application is complete. If the Road Impact Fee Committee
determines that the application is not complete, a written statement
specifying the deficiencies shall be sent by mail to the person
12/28/9912:18 PM Page 13 of 25 Pages
submitting the application. The application shall be deemed complete
if no deficiencies are specified. The Road Impact Fee Committee
shall take no further action on the application until it is deemed
complete.
3. When the Road Impact Fee Committee determines the application is
complete, the application shall be reviewed and the Road Impact Fee
Committee 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 4-208. D., below.
D. Standards. If on the basis of generally-recognized principles of impact
analysis it is determined the data, information and assumptions used by the
applicant to calculate the Independent Fee Calculation Study satisfies 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 4-207. C., above.
E. Appeal of Independent Fee Calculation Study Decision.
1. A Fee Payer affected by the administrative decision of the Road
Impact Fee Committee on an Independent Fee Calculation Study may
appeal such decision to the Road Impact Fee Board, by filing with the
Road Impact Fee Committee within ten (10) days of the date of the
written decision, a written notice stating and specifying briefly the
grounds of the appeal. The Road Impact Fee Committee shall place
the appeal on the Road Impact Fee Board's agenda for the next
regularly scheduled meeting.
2. The Road Impact Fee Board, after hearing, shall have the power to
affirm or reverse the decision of the Road Impact Fee Committee. In
making its decision, the Road Impact Fee Board shall make written
findings of fact and conclusions of law, and apply the standards in
Section 4-208. D., above. If the Road Impact Fee Board reverses the
decision of the Road Impact Fee Committee, it shall direct the
Committee to recalculate the fee in accordance with its findings. In no
case shall the Road Impact Fee Board have the authority to negotiate
the amount of the fee or waive the fee. The decision of the Road
Impact Fee Board shall be final and not subject to further
administrative appeal.
12/28/9912:18 PM Page 14 of 25 Pages
Sec. 4-209 Credits.
A. General Standards.
1. 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 Ordinance, 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 Southwest Weld Service Area Road System.
2. Credits for contributions, construction or dedication of land for Non-
Site Related Road Capital Improvements on the Southwest Weld
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.
3. The Town of Frederick and/or 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
Southwest Weld Service Area Road System. To the extent that the
fair market value of the construction of these Road Capital
Improvements exceed 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.
B. 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
Southwest Weld Service Area Road System.
C. Procedure for Credit Review.
1. The determination of any credit shall be undertaken through the
submission of an Application for Credit Agreement, which shall be
submitted to the Road Impact Fee Committee.
2. The application for a Credit Agreement shall include the following
information
a. If the proposed application involves a credit for any
contribution, the following documentation must be provided.
12/28/9912:18 PM Page 15 of 25 Pages
A certified copy of the development approval in which
the contribution was agreed;
If payment has been made, proof of payment; or
iii. If payment has not been made, the proposed method
of payment.
b. If the proposed application involves credit for the dedication of
land:
I. A drawing and legal description of the land;
ii. 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.
c. If the proposed Application for Credit Agreement involves
construction:
The proposed plan of the specific construction
prepared and certified by a duly qualified and licensed
Colorado engineer or contractor;
ii. 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.
3. Within ten (10) days of receipt of the proposed Application for Credit
Agreement, the Road Impact Fee Committee shall determine if the
application is complete. If it is determined that the proposed
Agreement is not complete, the Road Impact Fee Committee shall
send a written statement to the applicant outlining the deficiencies.
The Road Impact Fee Committee shall take no further action on the
12/28/9912:18 PM Page 16 of 25 Pages
proposed Application for Credit Agreement until all deficiencies have
been corrected or otherwise settled.
4. Once the Road Impact Fee Committee determines 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 Section 4-209. A. and B.,
above.
5. If the Application for Credit Agreement is approved by the Road
Impact Fee Committee, a Credit Agreement shall be prepared and
signed by the applicant and the Town of Frederick. 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.
D. Appeal of Credit Decision. A Fee Payer affected by the decision of the
Road Impact Fee Committee regarding credits may appeal such decision to
the Road Impact Fee Board by filing with the Road Impact Fee Committee,
within ten (10) days of the date of the written decision, a written notice stating
and specifying briefly the grounds of the appeal. The Road Impact Fee
Committee shall place such appeal on the Road Impact Fee Board's agenda
for the next regularly scheduled meeting. The Road Impact Fee Board, after
a hearing, shall affirm or reverse the decision of the Road Impact Fee
Committee based on the standards in Section 4-209. .A. and B., above. If
the Road Impact Fee Board reverses the decision, it shall direct the Road
Impact Fee Committee to readjust the credit in accordance with its findings.
The decision of the Road Impact Fee Board shall be final.
Sec. 4-210 Benefit Areas.
A. Establishment. For the purpose of further ensuring Fee Payers receive
sufficient benefit for fees paid, three benefit areas are established in the
Southwest Weld Service Area. The benefit areas are defined as follows, and
are shown on Exhibit "C," which is attached hereto and incorporated herein
by reference.
1. Benefit Area 1 is the area west of 1-25 and north of Highway 52;
2. Benefit Area 2 is the area west of 1-25 and south of Highway 52;
3. Benefit Area 3 is the area east of 1-25.
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 has established 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
12/28/9912:18 PM Page 17 of 25 Pages
impact fees paid.
D. Deposit in Trust Fund/General Requirements for Trust Fund
1. All road impact fees collected by Weld County shall be immediately
deposited into the appropriate Southwest Weld Service Area Road
Impact Fee Benefit Area Trust Fund.
2. All proceeds shall be invested in an interest-bearing account. All
income derived from these investments shall be retained in the
appropriate Trust Fund until transferred. Record of each Trust Fund
account shall be available for public inspection.
3. Quarterly, and pursuant to the Southwest Weld Impact Fee IGA's, the
Participating Southwest Weld Service Area Municipalities shall
transfer the impact fee funds they have collected to the Weld County
Building Department for deposit in the appropriate Southwest Weld
Service Area Road Impact Fee Benefit Area Trust Fund. All proceeds
in the Southwest Weld 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 the Trust Funds. Record of the
Southwest Weld Service Area Road Impact Fee Benefit Area Trust
Funds shall be available for public inspection in the Accounting Office
of Weld County during normal business hours.
E. Limitations on Expenditures. Road impact fee funds spent within the
Southwest Weld Service Area shall only be expended from funds drawn from
the appropriate Southwest Weld Service Area Road Impact Fee Benefit Area
Trust Funds. 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.
F. Annual Recommendation for Expenditure of Fees. Each year, at the time
the annual budget is reviewed, the Southwest Weld Service Area Road
Impact Fee Committee shall recommend appropriations to be spent from the
Southwest Weld Service Area Benefit Area Trust Funds to the Southwest
Weld Service Area Road Impact Fee Board. After review of the
recommendation, the Southwest Weld Service Area Road Impact Fee Board
shall approve or modify the recommended expenditures of the Trust Fund
monies. Expenditures shall be made from the County's Southwest Weld
Service Area Benefit Area Trust Funds only for those capital road
improvement projects on the Road CIP for the Southwest Weld Service Area.
Any amounts not appropriated from the Southwest Weld Service Area Benefit
Area Trust Funds together with any interest earnings shall be carried over to
the following fiscal period.
G. Annual Report on Expenditures. Each year, after the decision of the
Southwest Weld Service Area Road Impact Fee Board about the expenditure
of impact fee appropriations, the Road Impact Fee Committee shall prepare
12/28/9912:18 PM Page 18 of 25 Pages
an annual report to Weld County and the Participating Southwest Weld
Service Area Municipalities identifying the projects for which the Road Impact
Fee Board has approved funds.
Sec. 4-211 Refund of Fees Not Spent.
A. General. 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.
B. Refund Procedure. The refund shall be administered by the Southwest
Weld Service Area Road Impact Fee Committee, and shall be undertaken
through the following process:
1. A Refund Application shall be submitted within one (1) year following
the end of the tenth (10th) year from the date on which the building
permit was issued on the proposed development. The Refund
Application shall include the following information:
a. A copy of the dated receipt issued for payment of the fee;
b. A copy of the building permit; and
c. Evidence that the applicant is the successor in interest to the
fee payer.
2. Within ten (10) days of receipt of the Refund Application, the Road
Impact Fee Committee shall determine if it is complete. If the Road
Impact Fee Committee 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 Road Impact Fee Committee shall take no further
action on the Refund Application.
3. When the Road Impact Fee Committee 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 section. The refund shall include the fee
paid plus interest of five percent (5%) a year.
C. Appeal of Refund Decision. A Fee Payer affected by a decision of the
Road Impact Fee Committee may appeal such decision to the Road Impact
Fee Board by filing with the Road Impact Fee Committee within ten (10) days
of the date of the written decision, a written notice stating and specifying
briefly the grounds of the appeal. The Road Impact Fee Committee shall
place such appeal on the Road Impact Fee Board's agenda. The Road
Impact Fee Board, after a hearing, shall affirm or reverse the decision of the
12/28/9912:18 PM Page 19 of 25 Pages
Road Impact Fee Committee based on the standards in this Section. If the
Road Impact Fee Board reverses the decision of the Road Impact Fee
Committee, it shall direct the Committee to readjust the refund in accordance
with its findings. In no case shall the Road Impact Fee Board have the
authority to negotiate the amount of the refund. The decision of the Road
Impact Fee Board shall be final.
Sec. 4-212 Review Every Five Years. At least once every five (5) years, the Road Impact
Fee Committee shall recommend to the Road Impact Fee Board and to the
Board of County Commissioners of Weld County and the governing bodies of the
Participating Southwest Weld Service Area Municipalities whether any changes
should be made to the Roadway Improvement Plan, Road Impact Fee Study,
and Road CIP, this Ordinance, and the Ordinance of the other Participating
Municipalities. 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 and the governing bodies of all Participating
Southwest Weld Service Area Municipalities.
12/28/9912:18 PM Page 20 of 25 Pages
Sec 4-213
Exhibit A
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12/28/9912:18 PM Page 21 of 26 Pages
Sec. 4-214.
Exhibit B
SOUTHWEST WELD SERVICE AREA
ROAD CAPITAL IMPROVEMENTS PLAN
Road From To Miles Improvement Cost
WCR 1 Erie CL Arapahoe Rd. 0.54 Widen-4 Lane $860,000
WCR 1 Arapahoe Rd. Erie CL 0.51 Widen-4 Lane $820,000
WCR 1 Erie CL Erie CL 0.50 Widen-4 Lane $800,000
WCR 1 Erie CL Isabelle Rd. 0.50 Widen-4 Lane $800,000
WCR 1 Isabelle Rd. Jay Rd. 1.05 Urban 2 Lane $1,050,000
WCR 1 Jay Rd. Erie CL 0.76 Urban 2 Lane $760,000
WCR 1 WCR 20.5 1500' s SH 119 1.22 Urban 2 Lane $1,220,000
WCR 1 1500' s SH 119 RR n/o SH 119 0.81 Widen-4 Lane $1,300,000
WCR 1 RR n/o SH 119 St. Hwy. 66 2.53 Widen-4 Lane $4,040,000
WCR 1.5 Erie CL WCR 3 0.40 Pave-Urban $400,000
WCR 3 WCR 8 WCR 10 1.00 Pave-Rural2 $500,000
WCR 3 WCR 10 WCR 12 1.00 Pave-Rurall $250,000
WCR 3 WCR 12 St. Hwy. 52 1.00 Pave-Rurall $250,000
WCR 3 WCR 28 St. Hwy. 66 1.00 Pave-Rurall $250,000
WCR 3.25 St. Hwy. 52 WCR 16.5 1.50 Pave-Rurall $380,000
WCR 3.5 WCR 24.5 WCR 26 0.50 Pave-Urban $500,000
WCR 4 WCR 13 WCR 15 1.00 Pave-Rurall $250,000
WCR 4 WCR 15 WCR 17 1.00 Pave-Rurall $250,000
WCR 4 WCR 17 WCR 19 1.00 Pave-Rurall $250,000
WCR 4 1-25 County Line 4.40 New 2-L Rural $5,500,000
WCR 5 St. Hwy. 52 WCR 16.5 1.50 Pave-Rurall $380,000
WCR 5 WCR 18.5 WCR 20 0.75 Pave-Urban $750,000
WCR 5 WCR 26 St. Hwy. 66 2.00 Pave-Rurall $500,000
WCR 6 WCR 5 WCR 7 1.00 Pave-Rurall $250,000,
WCR 6 WCR 7 1 —25 0.96 Urban 2 Lane $960,000
WCR 7 WCR 2 WCR 2.5 0.50 Widen-4 Lane $800,000
WCR 7 WCR 2.5 WCR 4.5 1.02 Widen-4 Lane $1,630,000
WCR 7 WCR 4.5 WCR 8 1.49 Widen-4 Lane $2,390,000
WCR 7 5430' s SH 119 St. Hwy. 119 1.03 Urban 2 Lane $1,030,000
WCR 7.5 SH 119 WCR 24.5 0.50 New 2-L Urban $875,000
WCR 7.5 SH 119 1-25 Fr. Rd 2.70 New 4-Lane $5,265,000
WCR 8 County Line Ex Terminus 0.80 New 4-Lane $1,560,000
WCR 8 Coal Creek WCR 3 0.32 Widen-4 Lane $510,000
WCR 8 WCR 3 WCR 5 1.00 Widen-4 Lane $1,600,000
WCR 8 WCR 5 WCR 7 0.99 Widen-4 Lane $1,590,000
WCR 8 WCR 7 WCR 9 (k25) 1.00 Widen-4 Lane $1,600,000
WCR 8 WCR 9 (1-25) RR-X 0.58 Pave-Rural2 $290,000
WCR 8 RR-X RR-X 0.71 Pave-Rural2 $360,000
WCR 8 RR-X Dacono CL 0.47 Pave-Rural2 $240,000
WCR 8 Dacono CL WCR 13 0.13 Pave-Rural2 $60,000
WCR 8 WCR 13 WCR 15 1.00 Pave-Rurall $250,000
WCR 8 WCR 15 WCR 19 2.00 Pave-Rural1 $500,000
WCR 9.5 1-25 Fr. Rd WCR 24.5 3.40 New 4-Lane $6,630,000
WCR 9.75 WCR 24 WCR 24.75 0.75 Pave-Urban $750,000
WCR 10 WCR 7 WCR 9(I-25) 1.00 Pave-Urban $1,000,000
WCR 10 WCR 90-25) SRFCH 0.50 Pave-Urban $500,000
12/28/9912:18 PM Page 22 of 26 Pages
WCR 10 SRFCH WCR 11 0.49 Pave-Urban $490,000
WCR 10 WCR 11 WCR 15 2.00 New 2-L Rural $2,500,000
WCR 10 WCR 15 WCR 19 2.00 Pave-Urban $2,000,000
WCR 11 WCR 2 WCR 4 1.00 Pave-Rurall $250,000
WCR 11 WCR 4 WCR 8 2.00 Pave-Rurall $500,000
WCR 11 WCR 8 WCR 10 1.00 Pave-Urban $1,000,000
WCR 11 WCR 10 WCR 12 1.00 Pave-Urban $1,000,000
WCR 11 WCR 12 St. Hwy. 52 1.00 Pave-Urban $1,000,000
WCR 11 St. Hwy. 52 WCR 16 1.00 Pave-Urban $1,000,000
WCR 11 WCR 16 WCR 18 1.00 Pave-Urban $1,000,000
WCR 11 WCR 18 WCR 18.25 0.30 Pave-Rurall $80,000
WCR 11 WCR 18.25 WCR 18.5 0.20 Pave-Rurall $50,000
WCR 11 WCR 18.5 WCR 22 1.50 Pave-Rurall $370,000
WCR 11 WCR 22 WCR 22.5 0.45 Pave-Urban $450,000
WCR 11 WCR 22.5 WCR 24 0.55 Pave-Urban $550,000
WCR 11 WCR 28 WCR 30 1.00 Pave-Urban $1,000,000
WCR 11.25 WCR 24.75 WCR 26 0.25 Pave-Urban $250,000
WCR 12 WCR 3 WCR 9 3.00 Pave-Rural1 $750,000
WCR 12 WCR 9 WCR 15 3.00 Pave-Urban $3,000,000
WCR 13 WCR 2 WCR 6 2.00 Pave-Rural2 $1,000,000
WCR 13 WCR 6 WCR 6.5 0.50 Pave-Rural2 $250,000
WCR 13 WCR 6.5 WCR 10 1.50 Pave-Urban $1,500,000
WCR 13 WCR 10 WCR 12 1.00 Pave-Urban $1,000,000
WCR 13 St. Hwy. 52 Frederick CL 0.55 Urban 2 Lane $550,000
WCR 13 St. Hwy. 52 WCR 16 1.00 Urban 2 Lane $1,000,000
WCR 13 WCR 16 STR 0.96 Urban 2 Lane $960,000
WCR 13 STR WCR 180.05 0.05 Urban 2 Lane $50,000
WCR 13 WCR 18 WCR 20 1.01 Urban 2 Lane $1,010,000
WCR 14 WCR 17 WCR 19 1.00 Pave-Rurall $250,000
WCR 15 WCR 2 WCR 6 2.00 Pave-Rural2 $1,000,000
WCR 15 WCR 6 WCR 12 3.00 Pave-Urban $3,000,000
WCR 15 Hwy 52 1st St. 1.00 Pave-Urban $1,000,000
WCR 15 1st St. Split 0.25 Pave-Urban $250,000'.
WCR 15 Split Frederick CL 0.25 Pave-Urban $250,000
WCR 15 Firestone CL Grant Ave 0.50 Pave-Urban $500,000
WCR 15 WCR 18 WCR 20 1.00 New 2-L Urban $1,750,000
WCR 15 WCR 20 WCR 24 2.01 Pave-Urban $2,010,000
WCR 16 WCR 7 WCR 9 1.00 Pave-Urban $1,000,000
WCR 16 I-25 Frederick CL 0.63 Pave-Urban $630,000
WCR 16 Frederick CL WCR 11 0.37 Pave-Urban $370,000
WCR 16 WCR 11 WCR 13 1.00 Pave-Urban $1,000,000
WCR 16 WCR 15 WCR 15.5 0.50 Pave-Urban $500,000
WCR 16 WCR 15.5 WCR 19 1.50 Pave-Rurall $380,000
WCR 16.5 WCR 1 WCR 5 2 00 Pave-Rurall $500,000
WCR 17 WCR 2 WCR 4 1 00 Pave-Rurall $250,000
WCR 17 WCR 4 WCR 6 1 00 Pave-Rurall $250,000
WCR 17 WCR 6 WCR 8 1 00 Pave-Rurall $250,000
WCR 17 WCR 8 WCR 10 1 00 Pave-Urban $1,000,000
WCR 17 WCR 10 WCR 12 1 00 New 2-L Rural $1,250,000
WCR 17 WCR 12 St. Hwy 52 1 00 Pave-Urban $1,000,000
WCR 18 WCR 1 WCR 3 1.00 Pave-Rurall $250,000
WCR 18 WCR 15 WCR 17 1.00 Pave-Urban $1,000,000
WCR 18 WCR 17 WCR 19 1.00 Pave-Urban $1,000,000
WCR 20 WCR 90-25) WCR 13 2.00 Pave-Urban $2,000,000
WCR 20.5 WCR 1 C & M Pit Ent. 1.53 Urban 2 Lane $1,530,000
12/28/9912:18 PM Page 23 of 26 Pages
WCR 20.5 C & M Pit Ent. WCR 7 1.49 Urban 2 Lane $1,490,000!,
WCR 20.5 WCR 7 E.to Dead End 1.00 Pave-Urban $1,000,000'.
WCR 22 SRFCH WCR 17 2.65 Pave-Urban $2,650,000
WCR 22 WCR 17 WCR 19 1.00 Pave-Urban $1,000,000.
WCR 24 WCR 9 ( 1-25 ) WCR 15 2.71 Widen-4 Lane $4,340,000
WCR 24.5 WCR 7 Park Entrance 0.75 Pave-Urban $750,000
WCR 24.5 1-25 Front. Rd. WCR 9.75 0.75 Pave-Urban $750,000
WCR 24.75 WCR 9.75 WCR 11.25 0.50 Pave-Urban $500,000
WCR 26 WCR 1 WCR 3 1.00 Pave-Urban $1,000,000
WCR 26 WCR 3 WCR 7 2.00 Pave-Urban $2,000,000
WCR 26 WCR 11.25 WCR 13 0.75 Pave-Rurall $190,000
WCR 26 WCR 13 WCR 15 1.00 Pave-Rural) $250,000
WCR 26 WCR 15 WCR 19 2.00 Pave-Rurall $500,000
WCR 28 WCR 1 WCR 3 1.00 Pave-Rural1 $250,000
WCR 28 WCR 3 WCR 5 1.00 Pave-Rurall $250,000
WCR 28 WCR 5 WCR 7 1.00 Pave-Rurall $250,000
WCR 28 WCR 7 WCR 9 1.00 Pave-Urban $1,000,000
WCR 28 WCR 9 WCR 11 1.00 Pave-Urban $1,000,000
WCR 28 WCR 11 WCR 13 1.00 Pave-Rurall $250,000
SOUTHWEST WELD Service Area Total $120,850,000
Notes: "Pave-Rural1" is paving a gravel road and providing 4' shoulders; "Pave-Rural2"
is paving a gravel road and providing 6' shoulders; "Pave-Urban" is paving a gravel road
to urban standards with curb and gutter and underground drainage; "Urban 2 Lane" is
converting a rural 2-lane road to an urban standard with two through lanes and a
center turn lane.
12/28/9912:18 PM Page 24 of 26 Pages
Sec. 4-215.
Exhibit C
SOUTHWEST WELD SERVICE AREA BENEFIT AREAS
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Section 2. Implementation. The Board of Trustees hereby directs the staff of the Town of
Frederick to begin implementing the Southwest Weld Service Area Road Impact Fee Program
within the Town of Frederick and in conjunction with Weld County staff upon the effective date
herein, but not limited to, the negotiation of intergovernmental agreements with the various
municipalities located within said Service Area for final approval of the Board.
Section 3. Severability. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the
remaining sections of the ordinance. The Town Board hereby declares that it would have passed
the ordinance including each part, subsection, sentence, clause or phrase thereof, irrespective of
the fact that one or more parts, sections, subsections, sentences, clause or phrases be declared
invalid.
Section 4. Repealer. All ordinances or resolutions and motions of the Board of Trustees of
the Town of Frederick or parts thereof, in conflict with this ordinance are to the extent of such
conflict hereby superseded and repealed, provided that such repealer shall not repeal the repealer
clauses of such ordinance, resolution or motion, nor revive any ordinance, resolution or motion
thereby.
2 7"N
INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS / DAY
OFJM _, 2000.
TOWN OF FREDERICK
ByBy0theami44
Edward J. Ta ente, M or
ATTEST:
�J/i7�ltif 4><P7 ce- MMQL�
(la quef?te K. McConnell, Town Clerk
12/28/9912:18 PM Page 26 of 26 Pages
SOUTHWEST WELD SERVICE AREA ROAD IMPACT FEE
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into this
4t& day of Fohruxrj , 2000, by and between the County of Weld, a political subdivision of
the State of Colorado, by and through the Board of County Commissioners of the County of
Weld, whose address is 915 10th Street, Greeley, Colorado 80631 (hereinafter referred to as "the
County"); the City of Longmont, a home-rule municipality of the State of Colorado, by and
through its City Council, whose address is 350 Kimbark Street, Longmont, Colorado 80501; and
the Town of Frederick, a municipal corporation of the State of Colorado, by and through its
Town Board of Trustees, whose address is 401 Locust Street, P.O. Box 435, Frederick, CO
80530 (hereinafter collectively referred to as the"Other Participating Local Governments").
WITNESSETH :
WHEREAS, the boundaries of the Southwest Weld Service Area of Weld County are
identified on Exhibit"A," which is attached hereto and incorporated herein by reference; and
WHEREAS, the County, in cooperation with the Other Participating Local Governments
have prepared a Roadway Improvement Plan and Road Impact Fee Study for the Southwest W eld
Service Area; and
WHEREAS, the Roadway Improvement Plan and Road Impact Fee Study indicates that
there will be a significant amount of new growth and development in the Southwest Weld
Service Area over the next twenty (20) years; and
WHEREAS, the Roadway Improvement Plan and Road Impact Fee Study have
determined that the new growth and development in the Southwest Weld Service Area will
require a substantial expansion in road capital facilities if an adequate level of service ("LOS") is
to he maintained; and
WHEREAS, the Roadway Improvement Plan and Road Impact Fee Study have identified
the improvements required to maintain adequate LOS on the Southwest Weld Service Area Road
System; and
WHEREAS, the Road Impact Fee Study demonstrates that the existing revenue generated
by the new growth and development in the Southwest Weld Service Area will not be adequate to
fund the needed road capital improvements necessary to accommodate new growth and
development in such Area if the desired LOS on the Southwest Weld Service Area Road System
is to be maintained; and
WHEREAS, in order to address this problem, the County and the Other Participating
Local Governments have determined that new land development activity in the Southwest Weld
Service Area shall bear a proportionate share of the cost of the provision of new road capital
improvements required by such development; and
Page of 8 Pages
WHEREAS, the County and the Other Participating Local Governments have determined
that the imposition of a road impact fee in the Southwest Weld Service Area is one of the
preferred methods of regulating land development in the Southwest Weld Service Area 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
adopted LOS on the Road System within such Area and promoting and protecting the public
health. safety and welfare; and
WHEREAS, the County and the Other Participating Local Governments have the
authority to adopt a road impact fee for the Southwest Weld Service Area pursuant to the
Colorado Constitution and the Colorado statutes; and
WHEREAS, the Roadway Improvement Plan and road impact fees within the Southwest
Weld Service Area will assist in the implementation and are consistent with the Weld County
Comprehensive Plan and the MUD Plan, and the Master Plans of the other Participating Local
Governments; and
WHEREAS, it is the objective of the County and the Other Participating Local
Governments to make the most efficient use of their powers by jointly implementing planning,
zoning, and subdivision requirements by the adoption of a road impact fee program for the
provision of road capital improvements for the entirety of the Southwest Weld Service Area in
order to maintain an adopted LOS on those roads; and
WHEREAS, pursuant to Art. XIV, Sec. 18(2)(a) and (b), Col. Const., and Secs. 29-20-
105 and 29-1-102, C.R.S., the County and Participating Local Government desire to enter into
this IGA to implement joint planning, zoning, and subdivision requirements by the adoption of a
road impact fee program for Southwest Weld Service Area; and
WHEREAS, pursuant to this IGA, the County and the Other Participating Local
Governments of the Southwest Weld Service Area desire to designate this joint responsibility of
planning for and administering this road impact fee program.
NOW, THEREFORE, pursuant to the provisions of Art. XIV, Sec. 18(2)(a) and (b). Col.
Const., and Secs. 29-20-105 and 29-1-102, C.R.S., and in consideration of the mutual promises
contained herein and for other good and valuable consideration, it is hereby agreed by and
between the parties hereto as follows:
1. Agreement to Jointly Exercise Powers. The County and Participating Local
Governments agree to jointly use their planning, zoning, and subdivision authority to plan
for and implement a road impact fee program in the Southwest Weld Service Area.
2. Purpose. The purpose of this IGA is to make the most efficient use of the powers of the
County and Other Participating Local Government to implement a road impact fee
program for the Southwest Weld Service Area to ensure adequate road facilities arc
available on the Southwest Weld Service Area Road System to accommodate new growth
Page 2 of 8 Pages
and development.
3. Weld County/ Coordination. This IGA provides the Board of County Commissioners
of Weld County and the governing boards of the Other Participating Local Governments
the authority to work jointly in this effort to coordinate the administration of the
transportation planning and road impact fee program in the Southwest Weld Service
Area. The administration of the Southwest Weld Service Area road impact fee program
shall be carried out as follows:
a. Road Impact Fee Committee. A Road Impact Fee Committee shall be
responsible for the administration of the Southwest Weld Service Area road
impact fee program. The Road Impact Fee Committee shall consist of the public
works directors, county/city engineers and planning directors of Weld County and
each of the Other Participating Local Governments. The Road Impact Fee
Committee shall be responsible for administering independent fee calculation
studies, credits, and refunds under the road impact fee regulations that implement
the road impact fee program for the Southwest Weld Service Area.
b. Road Impact Fee Board. A Road Impact Fee Board shall serve as the appeal
board for all decisions on independent fee calculations, credits, and refunds made
by the Road Impact Fee Committee. The Road Impact Fee Board shall consist of
one elected official from Weld County and one elected official from each of the
Other Participating Local Governments. Each Road Impact Fee Board member
shall be appointed by the governing body of the member's respective local
government.
c. Collection and Transfer of Fees to County's Southwest Service Area Road
Impact Fee Trust Fund. The Weld County Building Official shall be
responsible for collecting road impact fees for the Southwest Weld Service Area
in unincorporated Weld County and placing them in the County's Southwest
Weld Service Area Road Impact Fee Trust Fund. The Other Participating Local
Governments shall be responsible for collecting the road impact fees within their
jurisdictions and then transmitting the fees on a quarterly basis to the Weld
County Finance Department. The Weld County Finance Department shall deposit
the fees transmitted from the Other Participating Local Governments into the
appropriate Southwest Weld Service Area Road Impact Fee Trust Fund for the
benefit area from where the fees were collected.
d. Expenditure of Road Fee Funds. The expenditure of road impact fee funds
shall be recommended by the Road Impact Fee Committee on an annual basis to
the Road Impact Fee Board, which shall review the recommendation and make the
final decision on the expenditure of road impact fee funds. Road impact fee
expenditures shall be limited to projects included in the Road Capital
Improvements Plan (hereinafter "Road CIP") that are on the Southwest Weld
Service Area Road System. The funds shall also be spent within the Benefit
Page 3 of 8 Pages
Areas from which they are collected.
e. Annual Report on Expenditures. The Road Impact Fee Committee shall
prepare an Annual Report which shall be provided to the Weld County Board of
County Commissioners and the governing bodies of the Other Participating Local
Governments. It shall identify the road projects for which the Road Impact Fee
Board has approved road impact fee funds.
f. Five Year Review. Every five (5) years the Road Impact Fee Committee shall he
responsible for initiating a review of the Roadway Improvement Plan, Road
Impact Fee Study, Road CIP and the Ordinances of the participating Local
Governments to determine if any modifications need to be made to the plans,
studies and regulations for the road impact fee program. The results of this
evaluation shall be submitted to the Weld County Board of County
Commissioners and the governing bodies of the Other Participating Local
Governments. To be amended, the Roadway Improvement Plan, Road Impact Fee
Study, Road CIP and the Ordinances must be approved by the Weld County Board
of County Commissioners and the governing bodies of all the Other Participating
Local Governments of the Southwest Weld Service Area.
g. Authority to Enter Into for Capital Contribution Front-Ending Agreements
and/or Maintenance Agreements Unaffected. Nothing in this IGA, or in its
authorizing ordinances, shall limit the authority vested in the County or the Other
Participating Local Governments to enter into Capital Contribution Front-Ending
Agreements and/or maintenance agreements 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 Southwest Weld Service
Area Road System.
4. Effective Date. This IGA shall become effective , 1999.
5. Termination.
a. General. Weld County or any of the Other Participating Local Governments of
the Southwest Weld Service Area may terminate their participation in this IGA if
either the County or any of the Other Participating Local Governments materially
modifies the Roadway Improvement Plan, Road Impact Fee Study, Road CIP or
the Road Impact Fee Ordinances within its jurisdiction.
b. Written Notice of Termination. If any Other Participating Local Government
terminates its participation in the Southwest Weld Service Area IGA, it shall
provide written notice of their termination to the governing bodies of the other
parties and the reasons therefor a minimum of 120 days prior to the termination.
The terminating local government shall have no right to a refund of any road
impact fee funds collected.
Page 4 of 8 Pages
c. Use of Fees if Program Disbanded. If for any reason the road impact fee
program in the Southwest Weld Service Area is disbanded, any remaining funds,
after refunds, shall be spent on Road Capital Improvements identified in the Road
CIP.
6. Duration. The duration of this IGA shall be for ten (10) years, unless in the case of
sooner termination as provided in paragraph 5., above.
7. Renewal. This IGA may be renewed pursuant to State law.
8. Severability. If any term or condition of this IGA shall be held to be invalid, illegal, or
unenforceable, this IGA shall be construed and enforced without such provision to the
extent that this IGA is then capable of execution within the original intent of the parties
hereto.
9. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that
enforcement of the terms and conditions of this IGA, and all rights of action relating to
the such enforcement, shall be strictly reserved to the undersigned parties and nothing
contained in this IGA shall give or allow any claim or right of action whatsoever by any
other person not included in this IGA. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this IGA shall be an incidental beneficiary only.
10. Entire Agreement. The parties hereby agree that neither has made or authorized any
IGA with respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise, or consideration different from the terms
herein contained shall be binding on either party, or its agents or employees, hereto. 1 his
IGA embodies all agreements between the parties hereto and there are no promises,
terms, conditions, or obligations referring to the subject matter whereof other than as
contained herein.
11. No Waiver of Immunity. No portion of this IGA shall be deemed to constitute a waiver
of any immunities the parties or their officers or employees may possess, nor shall an)
portion of this IGA be deemed to have created a duty of care which did not previously
exist with respect to any person not a party to this IGA. The parties hereto acknowledge
and agree that no part of this IGA is intended to circumvent or replace such immunities
12. Amendment. This IGA may be amended in writing, signed by all the parties hereto.
Such amendment shall be necessary to add additional Other Participating Local
Governments.
Page 5 of 8 Pages
SIGNED this j /t.{.day of f-z&uca� 2000.
ATTEST: Arivil W COUNTY OF WELD, a body politic and
/ corporate of the STATE OF
COLORADO
La! ctIH
/
Deputy Clerk to the Boar Oh IC g y Barbara J. Kirkmeyer_, Chair
:�(Ll,��`1� County Commissioners of the County
� - of Weld 4a-,Y-vo)
Page 6 of 8 Pages
SIGNED this day of , 2000.
ATTEST: CITY OF LONGMONT, a home-rule
municipality of the STATE OF
COLORADO
Niracycifi , cer\k, B
Valeria Skitt, Longmont City Clerk 40GM0.4�� L ona Stoecker, Mayor
APPROVED AS TO FORM: ICJ
v . U0_, w. COP' 44
DE UTY CITY ATTORNEY DATE
PROOF READ DATE
APPROVED AS TO FORM AND SUBSTANCE:
Gf A I/01` 2 S //7,.9-D
ORIGINATING DEPARTMENT DATE
Page 8 of 8 Pages
r1-4
SIGNED this I I day of CC T , 1999.
ATTEST: TOWN OF FREDERICK, a municipal
corporation of the STATE OF COLORADO
1J`�titi i,-c+4\er\CCO L41-e� ByL. �_t:C� /C
�qu e K. McConnell,Town Clerk Edward J. Tag te,May
Page 7 of 8 Pages
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