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WELD COUNTY
CODE ORDINANCE 2022-02
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 20
IMPACT FEES, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County
of Weld, State of Colorado, that Chapter 20 of the Weld County Code be, and hereby is, repealed
and re-enacted, with amendments, to read as follows.
CHAPTER 20
IMPACT FEES
Amend Sec. 20-1-80. Independent fee analysis.
A. The intent of an Independent Fee Analysis is to determine appropriate impact fees for land
uses that are not typical of the generalized land uses listed in the impact fee schedules. It
shall not be grounds for an independent fee analysis that the initial occupant of the
development will not generate as much impact as is assumed by the fee schedules, but that
unique and permanent features of the development will result in lower impacts over the long
term.
B. The impact fee may be computed by the use of an Independent Fee Analysis at the election
of the fee payer, if the applicant believes it can be demonstrated. The nature of the proposed
development makes it likely that the impacts generated will cost substantially less to mitigate
than the amount of the fee that would be generated by the use of the fee schedule.
C. The preparation of the Independent Fee Analysis shall be the sole responsibility and expense
of the electing party.
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D. Any person who requests an Independent Fee Analysis shall pay an application fee for
administrative costs associated with the review and decision on such analysis; the fee for this
review is cited in Chapter 5, Appendix D of this Code.
E. Independent Fee Analysis requirements.
An Independent Fee Analysis for road impact fees shall provide independent sources of
data for determining appropriate trip generation rate, new trip factor and average length
of a trip on the County's arterial and collector road system. The Independent Fee Analysis
shall provide data for all three (3) of these travel demand characteristics. The data sources
shall be (1) an accepted standard source of transportation engineering or planning data
or (2) a local study on travel demand characteristics carried out by a qualified traffic
planner or engineer pursuant to an accepted methodology of transportation planning or
engineering. If the County has determined that the business does not trigger a traffic study,
the fee payer may use the traffic narrative, in accordance with Section 8.1.2 of the Weld
County Engineering and Construction criteria, to support the demand characteristics as
sources of transportation or planning data. If the business is required to submit a traffic
study, then the fee payer must use a qualified traffic planner or engineer.
2. An Independent Fee Analysis for County facilities impact fees shall provide independent
sources of data for determining appropriate functional population per development unit for
the proposed development, using the methodology set forth in the impact fee study.
3. An Independent Fee Analysis for drainage impact fees shall provide independent sources
of data for determining appropriate measures of impervious cover to be added by the
proposed development.
F. Procedures.
An Independent Fee Analysis shall be undertaken through the submission of an
application for an independent fee analysis.
2. Within ten (10) days of receipt of an application for Independent Fee Analysis, the Director
shall determine if the application is complete. If the Director determines that the application
is not complete, a written statement specifying the deficiencies shall be sent by mail to the
person submitting the application. The application shall be deemed complete if no
deficiencies are specified. The Director shall take no further action on the application until
it is deemed complete.
3. When the Director determines that the application is complete, the application shall be
reviewed by the Director. The Director may choose to utilize the assistance of
development review engineers. The Director shall render a written decision in forty-five
(45) days on whether the fee should be modified and, if so, what the amount should be,
based upon the standards below.
G. Standards. If, on the basis of generally recognized principles of impact analysis, it is
determined that the data, information and assumptions used by the applicant to calculate that
the Independent Fee Analysis satisfy the requirements of this Section, the fee determined in
the Independent Fee Analysis shall be deemed the fee due and owing for the proposed traffic -
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generating development. The adjustment shall be set forth in a fee agreement. If the
Independent Fee Analysis fails to satisfy the requirements of this Section, the fee applied shall
be that fee established for the development in the fee schedule.
H. Appeal of Independent Fee Analysis decision. A fee payer affected by the administrative
decision of the Director on an Independent Fee Analysis may appeal such decision to the
Board of County Commissioners, by filing with the Director within ten (10) days of the date of
the written decision a written notice stating and specifying briefly the grounds of the appeal.
The Board of County Commissioners, after hearing, shall have the power to affirm or reverse
the decision of the Director. In making its decision, the Board of County Commissioners shall
make written findings of fact and conclusions of law and apply the standards in this Section.
If the Board of County Commissioners reverses the decision of the Director, it shall instruct
the Director to recalculate the fee in accordance with its findings. In no case shall the Board
of County Commissioners have the authority to negotiate the amount of the fee or waive the
fee. The decision of the Board of County Commissioners shall be final and not subject to
further administrative appeal.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2022-02 was, on motion duly made and
seconded, adopted by the following vote on the 31st day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Scott K. James, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
Deputy Clerk to the Board
Perry L. Buck
APPROVED AS TO FORM:
Steve Moreno
County Attorney
Lori Saine
Date of signature:
First Reading
Publication:
Second Reading
Publication:
Final Reading
Publication:
December 20, 2021
December 26, 2021, in the Greeley Tribune
January 10, 2022
January 16, 2022, in the Greeley Tribune
January 31, 2022
February 6, 2022, in the Greeley Tribune
Effective: February 11, 2022
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