HomeMy WebLinkAbout992348.tiff ORDINANCE NO. 210
IN THE MATTER OF APPROVING AND IMPLEMENTING THE WINDSOR SERVICE AREA
ROAD IMPACT FEE PROGRAM
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, 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
regulatory powers, and
WHEREAS, the Board of County Commissioners 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 Windsor 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 Capital
Improvement Plan of the Windsor Service Area, and
WHEREAS, in order to fully implement said road impact fee program in the Windsor
Service Area, various municipalities located therein either have either entered into or intend to
enter into intergovernmental agreements with the Board to define their relative roles and
responsibilities with respect to said program, and
WHEREAS, the attached document, entitled "WINDSOR SERVICE AREA ROAD
IMPACT FEE ORDINANCE," details the program and the mechanics of its implementation.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that the attached document, entitled "WINDSOR SERVICE
AREA ROAD IMPACT FEE ORDINANCE," is, and shall be, approved.
BE IT FURTHER ORDAINED by the Board that Weld County staff is hereby directed to
begin implementing the Windsor Service Area Road Impact Fee Program upon the effective
date stated herein, including, but not limited to, the negotiation of intergovernmental
agreements with the various municipalities located with said Service Area for final approval by
the Board.
BE IT FURTHER ORDAINED by the Board that the effective date of this Ordinance
shall be December 1, 1999.
992348
ORD210
RE: ORDINANCE NO. 210
PAGE 2
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 210 was, on motion duly made and
seconded, adopted by the following vote on the 3rd day of November, A. D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Dale K. Hall, Chair
Weld County Clerk to the Board
Barbara J. Kirkmeyer, Pro-Tern
BY:
Deputy Clerk to the Board
George E. Baxter
APPROVED AS TO FORM:
M. J. Geile
County Attorney
Glenn Vaad
First Reading: September 22, 1999
Publication: September 29, 1999
Second Reading: October 18, 1999
Publication: October 23, 1999
Final Reading: November 3, 1999
Publication: November 10, 1999
Effective: December 1, 1999
992348
ORD210
WINDSOR SERVICE AREA
ROAD IMPACT FEE ORDINANCE
Table of Contents
I. Findings. 2
II. Short Title, Authority, and Application 3
III. Intent and Purpose 4
IV. Intergovernmental Agreement 4
V. Level of Service (LOS) Standard. 6
VI. Definitions 6
VII. Imposition of Fee. 8
VIII. Independent Fee Calculation Study. 10
IX. Credits 13
X. Benefit Areas. 15
XI. Refund of Fees Not Spent. 17
XII. Review Every Five Years 18
Exhibit "A," Map, WINDSOR SERVICE AREA AND ROAD SYSTEM 19
Exhibit "B," Table, WINDSOR SERVICE AREA ROAD CAPITAL
IMPROVEMENTS PLAN 20
Page 1 of 23 Pages
Findings.
A. Boundaries of Windsor Service Area. The boundaries of the Windsor Service
Area are identified on Exhibit "A," which is attached hereto and is incorporated
herein by reference.
B. Efficient Use of Powers to Plan for and Fund Regional Roads. It is the
objective of the Board of County Commissioners of Weld County and the
governing bodies of those municipalities which participate in the Windsor Service
Area (the municipalities being collectively referred to hereinafter as "Participating
Windsor 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 Windsor Service Area in
order to maintain an adopted Level of Service (hereinafter referred to as "LOS")
on the Windsor 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 Windsor Service Area Municipalities have entered into, or intend to
enter into, the Windsor Service Area Road Impact Fee Intergovernmental
Agreements (hereinafter referred to as the "Windsor Impact Fee IGA's") to
regulate the development of land for the purpose of providing road capital
improvements for the Windsor Service Area Road System in order to maintain
an adopted LOS.
D. Weld County/Coordination. Pursuant to the Windsor Impact Fee IGA's, the
Participating Windsor 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 Windsor Service Area Municipalities, pursuant to their authority
to cooperate, have prepared a Roadway Improvement Plan and Road Impact
Fee Study for the Windsor 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 Windsor 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 Windsor Service Area will require a substantial expansion in
road capital facilities if an adequate LOS is to be maintained.
H. Road CIP. The Roadway Improvement Plan and Road Impact Fee Study have
identified the improvements required to maintain adequate LOS on the Windsor
Service Area Road System. The list of these improvements for the Windsor
Service Area along with descriptions and cost estimates is referred to as the
Windsor Service Area Road Capital Improvement Plan (hereinafter referred to as
"the Windsor Service Area Road CIP"), which is attached hereto as Exhibit
"B,"and incorporated herein by reference.
Page 2 of 23 Pages
Additional Revenue Needed. The Road Impact Fee Study demonstrates that
the existing revenue generated by the projected new growth and development in
the \Nindsor 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 Windsor Service Area Road
System is to be maintained.
J. Proportionate Share Policy. In order to address this problem, Weld County
and the Participating Windsor Service Area Municipalities have determined that
new land development activity in the Windsor 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 Windsor Service
Area Municipalities have determined that the imposition of a road impact fee in
the Windsor 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 Windsor Service Area
Municipalities have the authority to adopt a road impact fee for the Windsor
Service Area, pursuant to the Colorado Constitution and the Colorado statutes.
M. Coordinated Provision of Services. In order to implement this policy, Weld
County adopts this Ordinance establishing the Windsor 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 Windsor Service Area assist in the
implementation and are consistent with the comprehensive plans of Weld County
and the Participating Windsor Service Area Municipalities.
II. Short Title, Authority, and Application
A. Title. This Ordinance shall be known and may be cited as the "Windsor Service
Area Road Impact Fee Ordinance."
B. Authority. The Board of County Commissioners 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 unincorporated
portion of Weld County, within the Windsor Service Area, and those incorporated
portions of municipalities which have signed a Windsor Impact Fee IGA.
Page 3 of 23 Pages
III. 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
Windsor Service Area, the comprehensive plans of Weld County and the
Participating Windsor Service Area Municipalities.
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
Windsor 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 Windsor Service Area.
IV. Intergovernmental Agreement.
A. General. Weld County and the Participating Windsor Service Area
Municipalities have entered into, or intend to enter into, the Windsor 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 Windsor Service Area Road System in order
to maintain the adopted LOS on those roads. The Windsor 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 Windsor
Service Area Municipalities.
B. Weld County Coordination. The Windsor Impact Fee IGA provides Weld
County authority to coordinate the joint efforts of Weld County the Participating
Windsor Service Area Municipalities in the administration of the transportation
planning and road impact fee program in the Windsor 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 Windsor 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 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 Windsor 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 Windsor Service
Area Municipalities.
3. The Weld County Building Inspection Department (hereinafter referred to
as "the Building Department") shall be responsible for collecting the fees
in unincorporated Weld County and placing them in the County's Windsor
Service Area Road Impact Fee Trust Fund. Each Participating Windsor
Page 4 of 23 Pages
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 Building Department. The Building Department
shall deposit the fees transmitted from the Participating Windsor Service
Area Municipalities into the Windsor Service Area Road Impact Fee 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 Windsor
Service Area Road System. The funds shall be spent within the Windsor
Service Area.
5. The Road Impact Fee Committee shall prepare an annual report to Weld
County and the Participating Windsor 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 Windsor 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 Windsor 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 Windsor
Service Area Municipalities.
C. Effective Date. This Windsor Service Area Road Impact Fee Ordinance shall
become effective December 1, 1999.
D. Termination.
Any of the Participating Windsor 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 jurisdiction.
2. If a Participating Windsor Service Area Municipality terminates its
participation in the Windsor Impact Fee IGA, the local government shall
provide written notice of their termination to the Board of County
Commissioners and the governing bodies of the other participating
Municipalities, including the reasons therefor, 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.
Page 5 of 23 Pages
3. If for any reason the road impact fee program in the Windsor 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 Windsor Impact Fee IGA shall be for twenty (20)
years. It may be renewed pursuant to State law.
V. Level Of Service Standard (LOS). Weld County and the Participating Windsor Service
Area Municipalities have determined that the Windsor Service Area Road System shall
operate at LOS of"C" or better.
VI. 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 in accordance with the
Weld County Building Code Ordinance 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.
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.
I. " Road System, Windsor Service Area" means all major roads, excluding state
or federal highways, identified by the Roadway Improvement Plan in the Windsor
Service Area. The Windsor Service Area Road System is identified in Exhibit
"B," which is attached hereto and incorporated herein by reference.
Page 6 of 23 Pages
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, Windsor Service Area" shall serve as the appeal
board for all decisions on independent fee calculations, credits, and refunds
made by the Windsor Service Area Road Impact Fee Committee. The Windsor
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
Windsor Service Area Municipalities.
L. "Road Impact Fee Committee, Windsor Service Area" shall be responsible
for administering independent fee calculation studies, credits, and refunds for the
Windsor Service Area Impact Fee Program. The Windsor Service Area Road
Impact Fee Committee shall consist of the public works directors,
county/municipal engineers and planning directors of each participating local
government.
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).
Page 7 of 23 Pages
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.
VII. 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 unincorporated Weld County within the boundaries
of the Windsor 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 Building Department at the time of issuance of a building
permit for the development. If any credits are due pursuant to Section
IX.,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.
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.
Page 8 of 23 Pages
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 VIII., 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 $1,878
Multi-Family Dwelling $1,301
Mobile Home Park Site $941
Hotel/Motel Room $1,748
Retail/Commercial
Shop Ctr/Gen Retail <100,000 sf 1000 sq. ft. $7,005
Shop Ctr/Gen Retail <500,000 sf 1000 sq. ft. $5,762
Shop Ctr/Gen Retail <1 million sf 1000 sq. ft. $5,308
Shop Ctr/Gen Retail 1 million sf+ 1000 sq. ft. $4,594
Auto Sales 1000 sq. ft. $3,602
Auto Service/Repair/Tire Store 1000 sq. ft. $2,485
Bank 1000 sq. ft. $12,995
Bldg Materials/Hardware/Nursery 1000 sq. ft. $4,767
Convenience Store 1000 sq. ft. $18,081
Discount Store 1000 sq. ft. $8,283
Furniture Store 1000 sq. ft. $894
Movie Theater 1000 sq. ft. $13,771
Restaurant, Fast Food 1000 sq. ft. $14,100
Restaurant, Sit-Down 1000 sq. ft. $9,169
Office/Institutional
Office, General <100,000 sf 1000 sq. ft. $3,171
Office, General <200,000 sf 1000 sq. ft. $2,364
Office, General 200,000 sf+ 1000 sq. ft. $1,956
Office, Medical 1000 sq. ft. $7,083
Hospital 1000 sq. ft. $3,289
Nursing Home 1000 sq. ft. $956
Church/Synagogue 1000 sq. ft. $1,788
Day Care Center 1000 sq. ft. $3,728
Elementary/Secondary School 1000 sq. ft. $1,180
Industrial
General Light Industrial 1000 sq. ft. $1,368
Warehouse 1000 sq. ft. $972
Mini-Warehouse 1000 sq. ft. $490
Page 9 of 23 Pages
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
VIII.B.; or
b. Computing the fee by use of an independent fee calculation study
as provided in Section VIII., 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 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 Building Department
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.
VIII. 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.
Page 10 of 23 Pages
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 COSTNMT
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
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.
Page 11 of 23 Pages
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 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 VIII.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 VII.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.
Page 12 of 23 Pages
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 VIII.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.
IX. 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 Capital
Road Improvements that are identified in the Road CIP that are on the
Windsor Service Area Road System.
2. Credits for contributions, construction or dedication of land for Non-Site
Related Capital Road Improvements on the Windsor 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. 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 Capital Road Improvements
on the Road CIP that are on the Windsor 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 Windsor Service Area
Road System.
Page 13 of 23 Pages
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:
A certified copy of the development approval in which the
contribution was agreed;
ii. If payment has been made, proof of payment; or
If payment has not been made, the proposed method of
payment.
b. If the proposed application involves credit for the dedication of
land:
A drawing and legal description of the land;
i. 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
Page 14 of 23 Pages
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 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 IX.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 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.
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 IX.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.
X. Benefit Areas.
A. Establishment. For the purpose of ensuring fee payers receive sufficient
benefit for fees paid, the Windsor Service Area is designated as a single benefit
area.
Page 15 of 23 Pages
B. Expenditure. Impact fee funds shall be spent within the Windsor Service Area.
C. Establishment of Trust Fund. Weld County shall establish a Windsor Service
Area Road Impact Fee Trust Fund for the purpose of ensuring that Fee Payers
receive sufficient benefit for road 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 Windsor Service Area Road Impact Fee Trust Fund.
2. All proceeds shall be invested in an interest-bearing account. All income
derived from these investments shall be retained in the Trust Fund until
transferred. Record of the Trust Fund account shall be available for
public inspection.
3. Quarterly, and pursuant to the Windsor Impact Fee IGA's, the
Participating Windsor Service Area Municipalities shall transfer the
impact fee funds they have collected to the Building Department for
deposit in the Windsor Service Area Road Impact Fee Trust Fund. All
proceeds in the Windsor Service Area Road Impact Fee Trust Fund 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 Fund. Record of the Windsor Service Area Road
Impact Fee Trust Fund shall be available for public inspection in the
Accounting Office of Weld County.
E. Limitations on Expenditures. Road impact fee funds spent within the Windsor
Service Area shall only be expended from funds drawn from the Windsor Service
Area Road Impact Fee 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.
F. Annual Recommendation for Expenditure of Fees. Each year, at the time the
annual budget is reviewed, the Windsor Service Area Road Impact Fee
Committee shall recommend appropriations to be spent from the Windsor
Service Area Trust Fund to the Windsor Service Area Road Impact Fee Board.
After review of the recommendation, the Windsor 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 Windsor Service Area
Trust Fund only for those capital road improvement projects on the Road CIP for
the Windsor Service Area. Any amounts not appropriated from the Windsor
Service Area Trust Fund 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 Windsor
Service Area Road Impact Fee Board about the expenditure of impact fee
appropriations, the Road Impact Fee Committee shall prepare an annual report
Page 16 of 23 Pages
to Weld County and the Participating Windsor Service Area Municipalities
identifying the projects for which the Road Impact Fee Board has approved
funds.
XI. 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 Windsor 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
Page 17 of 23 Pages
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 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.
XII. 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 and the governing bodies of the Participating Windsor 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 Windsor Service
Area Municipalities.
Page 18 of 23 Pages
Exhibit A
WINDSOR SERVICE AREA AND ROAD SYSTEM
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Page 19 of 23 Pages
Exhibit B
WINDSOR SERVICE AREA
ROAD CAPITAL IMPROVEMENTS PLAN
Mile Improvemen
Road From To s t Cost
WCR 13 WCR 68.5 WCR 70 0.57 Pave-Urban $570,000
WCR 13 WCR 70 WCR 72 1.00 Pave-Rurall $250,000
WCR 13 WCR 72 WCR 74 1.00 Pave-Rurall $250,000
WCR 13 WCR 74 WCR 76 1.00 Pave-Rurall $250,000
WCR 13 WCR 76 WCR 78 1.00 Pave-Rurall $250,000
WCR 15 US 34 WCR 62 2.00 Pave-Rurall $500,000
WCR 15 WCR 72 WCR 74 1.00 Pave-Rurall $250,000
WCR 15 WCR 80 WCR 82 1.00 Pave-Rurall $250,000
WCR 17 SH 14 WCR 84 1.00 New 2-L $1,250,000
Rural
WCR 17 WCR 62.86 St.Hwy 392 2.14 Widen-4 $3,830,000
Lane
WCR 19 St.Hwy 392 WCR 68.25 0.25 Urban 2 $250,000
Lane
WCR 19 WCR 68.25 WCR 74 2.61 Urban 2 $760,000
Lane
WCR 19 WCR 78 WCR 82 2.00 Pave-Rural1 $500,000
WCR 19 WCR 82 WCR 84 1.00 Pave-Rural1 $250,000
WCR 21 WCR 74 WCR 80 2.96 Pave-Rural1 $740,000
WCR 23 WCR 62.5 WCR 64.75 1.50 Pave-Rurall $750,000
WCR 25 US 34 WCR 60 1.00 Pave-Urban $1,000,000
WCR 25 WCR 62 WCR 64.5 1.50 Pave-Rural1 $380,000
WCR 25 St.Hwy 392 WCR 70 1.00 Pave-Rurall $250,000
WCR 25 WCR 70 WCR 72 1.00 Pave-Rurall $250,000
WCR 25 WCR 72 WCR 74 1.00 Pave-Urban $1,000,000
WCR 25 WCR 74 WCR 80 3.00 New 2-L $3,750,000
Rural
WCR 27 US 34 US 34 Bus. 1.21 Urban 2 $1,210,000
Lane
WCR 27 US 34 Bus. WCR 64.5 2.50 Urban 2 $2,500,000
Lane
WCR 27 WCR 74 WCR 76 1.00 Pave-Rural1 $250,000
WCR 27 WCR 76 WCR 78 1.00 New 2-L $1,250,000
Rural
WCR 27 WCR 80 SH 14 1.00 New 2-L $1,250,000
Rural
WCR 27 SH 14 WCR 84 1.00 Pave-Rural1 $250,000
WCR 29 US 34 WCR 56.5 0.50 Widen-4 $920,000
Lane
Page 20 of 23 Pages
Exhibit B
WINDSOR SERVICE AREA
ROAD CAPITAL IMPROVEMENTS PLAN
Mile Improvemen
Road From To s t Cost
WCR 29 WCR 58.5 US 34 Bus. 0.50 Widen-4 $800,000
Lane
WCR 29 WCR 62.5 WCR 64 0.50 Pave-Urban $500,000
WCR 29 WCR 64 Colo. 392 2.00 Pave-Rural2 $1,000,000
WCR 29.5/31 US 34 WCR 58 1.21 Widen-4 $1,940,000
Lane
WCR 29.5/31 WCR 58 US 34 Bus. 1.00 Widen-4 $1,600,000
Lane
WCR 29.5/31 US 34 Bus. WCR 60.5 0.54 Widen-4 $860,000
Lane
WCR 29.5/31 WCR 64 WCR 66 0.50 Widen-4 $800,000
Lane
WCR 29.5/31 WCR 66 Colo 392 0.50 Widen-4 $800,000
Lane
WCR 58 WCR 27 WCR 29 0.99 Widen-4 $1,590,000
Lane
WCR 58 WCR 29 Ditch 0.24 Widen-4 $390,000
Lane
WCR 58.5 Greeley CL Greeley CL 3.50 New 2-L $6,125,000
Urban
WCR 60 WCR 13 WCR 15 1.00 Pave-Rurall $250,000
WCR 60 WCR 15 WCR 17 1.00 Pave-Rurall $250,000
WCR 60.5 WCR 27 Greeley CL 0.50 New 2-L $875,000
Urban
WCR 62 WCR 13 WCR 15 1.00 Pave-Rurall $250,000
WCR 62 WCR 15 WCR 17 1.00 Pave-Rural2 $500,000
WCR 62 WCR 17 St.Hwy.257 1.00 Pave-Urban $1,000,000
WCR 62 WCR 23 WCR 25 1.00 Pave-Rural1 $250,000
WCR 62 WCR 25 WCR 27 1.33 Pave-Rural1 $330,000
WCR 64 WCR 13 WCR 15 1.00 New 2-L $1,250,000
Rural
WCR 64 WCR 17 St.Hwy.257 1.40 Pave-Urban $1,400,000
WCR 64 WCR 27 WCR 29 2.00 Urban 2 $2,000,000
Lane
WCR 66 WCR 15.75 WCR 21.75 3.00 Urban 2 $3,000,000
Lane
WCR 66 WCR 27 WCR 31 2.00 Pave-Rural2 $1,000,000
W C R WCR 19 WCR 66 2.30 New 2-L $2,875,000
66.5/21.5 Rural
WCR 68.5 WCR 13 WCR 15 1.00 Pave-Urban $1,000,000
WCR 70 WCR 15 WCR 19 2.10 New 2-L $2,625,000
Page 21 of 23 Pages
Exhibit B
WINDSOR SERVICE AREA
ROAD CAPITAL IMPROVEMENTS PLAN
Mile Improvemen
Road From To s t Cost
Urban
WCR 70 WCR 25 WCR 27 1.00 Pave-Rurall $250,000
WCR 70/15.5 WCR 13 SH 392 2.70 New 2-L $3,375,000
Urban
WCR 72 WCR 13 WCR 15 1.00 New 2-L $1,250,000
Rural
WCR 72 WCR 15 St.Hwy.257 1.00 Pave-Rural1 $250,000
WCR 72 WCR 19 WCR 21 1.00 New 2-L $1,250,000
Rural
WCR 72 WCR 21 WCR 23 1.00 Pave-Urban $1,000,000
WCR 72 WCR 23 WCR 25 1.00 Pave-Urban $1,000,000
WCR 72 WCR 25 WCR 27 1.00 Pave-Rural1 $250,000
WCR 74 WCR 13 St.Hwy.257 1.90 Widen-4 $3,090,000
Lane
WCR 74 St.Hwy.257 WCR 19 1.06 Widen-4 $1,700,000
Lane
WCR 76 WCR 13 WCR 13.65 0.66 Pave-Rurall $170,000
WCR 76 WCR 13.65 WCR 15 0.36 Pave-Rurall $90,000
WCR 76 WCR 15 WCR 15.2 0.21 Pave-Rurall $50,000
WCR 76 WCR 15.2 St.Hwy.257 0.79 Pave-Rurall $200,000
WCR 76 WCR 23 WCR 25 1.00 Pave-Rurall $250,000
WCR 76 WCR 25 WCR 27 1.00 Pave-Rurall $250,000
WCR 76.5 WCR 21 WCR 23 1.00 Pave-Rural1 $250,000
WCR 78 St.Hwy.257 WCR 21 2.00 Pave-Rurall $500,000
WCR 78 WCR 23 WCR 25 1.00 Pave-Rural1 $250,000
WCR 78 WCR 25 WCR 27 1.00 Pave-Rural1 $250,000
WCR 80 WCR 13 WCR 15 1.00 Pave-Rurall $250,000
WCR 80 WCR 15 St.Hwy.257 1.00 Pave-Rural1 $250,000
WCR 80 WCR 21 WCR 23 1.00 Pave-Rural1 $250,000
WCR 80 WCR 25 WCR 27 1.00 Pave-Rural1 $250,000
WCR 84 WCR 15 WCR 19 2.00 Pave-Rural1 $500,000
WCR 84 WCR 19 WCR 21 1.00 Pave-Rural1 $250,000
WCR 84 WCR 21 WCR 25 2.00 Pave-Rural1 $500,000
WCR 84 WCR 25 WCR 27 1.00 Pave-Rurall $250,000
The Windsor Service Area Study Area Total $78,595,000
Page 22 of 23 Pages
Notes: "Pave-Rurall" 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.
Page 23 of 23 Pages
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