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Home My WebLink About992529.tiff `/cos 10- I2 - 61 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 within 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. 992529 ORD210 RE: ORDINANCE NO. 210 PAGE 2 BE IT FURTIHER 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 :o the Board Barbara J. Kirkmeyer, Pro-Tem 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 992529 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 Xl. 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 roac 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 Windsor 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 l:he 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. 1. 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. " 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 T .e 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 s•. 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 ii. 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; 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 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. Xl. 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 !Merest 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 W N U ¢ wC N et 3 WCR80 ' -________�____7____S'_..__�.___ '1 0 qti o y Jr i ., WCR 76 , `^ ,// ��/ _ / Severance WCR 7a O U 1 U �r , n locerfiTiir v / I�I A l� 1 Rver !: jAd 1144ff rn //- a /LEGEND A CIPa Pow!Roads .____ GmN RwW /� • ... .. . Study MU SOONhry 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 $500,00() 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 New2-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-Rurall $500,000 WCR 19 WCR 82 WCR 84 1.00 Pave-Rurall $250,000 WCR 21 WCR 74 WCR 80 2.96 Pave-Rurall $740,000 WCR 23 WCR 62.5 WCR 64.75 1.50 Pave-Rural2 $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-Rurall $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-Rurall $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-Rurall $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 25 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 Cob. 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 $250,003 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-Rurall $250,000 WCR 62 WCR 25 WCR 27 1.33 Pave-Rurall $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 6E6 WCR 15.75 WCR 21.75 3.00 Urban 2 $3,000,000 Lane WCR 6E, 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 66.5 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-Rurall $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-Rurall $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-Rurall $250,000 WCR 78 St.Hwy.257 WCR 21 2.00 Pave-Rurall $500,000 WCR 78 WCR 23 WCR 25 1.00 Pave-Rurall $250,000 WCR 78 WCR 25 WCR 27 1.00 Pave-Rurall $250,000 WCR 8C WCR 13 WCR 15 1.00 Pave-Rurall $250,000 WCR 8C WCR 15 St.Hwy.257 1.00 Pave-Rurall $250,000 WCR 8C WCR 21 WCR 23 1.00 Pave-Rurall $250,000 WCR 8C WCR 25 WCR 27 1.00 Pave-Rurall 5250,000 WCR 84 WCR 15 WCR 19 2.00 Pave-Rurall $500,000 WCR 84 WCR 19 WCR 21 1.00 Pave-Rurall $250,000 WCR 84 WCR 21 WCR 25 2.00 Pave-Rurall $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. 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