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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of Weld, State of Colorado, that Chapter 20 of the Weld County Code be, and hereby is, repealed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 calculationanalysis.
A. The intent of an Independent Fee Calculation StudyAnalysis 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 calculationanalysis 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 Calculation StudyAnalysis
at the election of the fee payer, if the applicant believes it can be demonstrated. that t 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 Calculation -StudyAnalysis shall be the sole
responsibility and expense of the electing party.
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D. Any person who requests an Independent Fee Calculation StudyAnalysis shall pay an
application fee for administrative costs associated with the review and decision on such
studyanalysis; the fee for this review is cited in Chapter 5, Appendix D of this Code.
E. Independent Fee Calculation StudyAnalysis requirements.
1. An Independent Fee Calculation StudyAnalysis 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 Calculation StudyAnalysis shall provide independent data not used in
the impact fee study for all three (3) of these travel demand characteristics. The
independentdata 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 yAnalysis 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 Calculation StudyAnalysis 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.
1. An Independent Fee Calculation StudyAnalysis shall be undertaken through the
submission of an application for an independent fee calculationanalysis.
2. Within ten (10) days of receipt of an application for Independent Fee Calculation
StudyAnalysis, 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 with the assistance of the
Department of Public Works staff, and tdevelopment 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
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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 Calculation StudyAnalysis 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 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 Calculation StudyAnalysis decision. A fee payer affected by the
administrative decision of the Director on an Independent Fee ' o a ion u yAnalysis 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:
Steve Moreno, Chair
Weld County Clerk to the Board
Scott K. James, Pro-Tem
BY:
Deputy Clerk to the Board
Perry L. Buck
APPROVED AS TO FORM:
Mike Freeman
County Attorney
Lori Saine
Date of signature:
First Reading:
P ublication:
Second Reading:
P ublication:
Final Reading:
P ublication:
Effective:
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
February 11, 2022
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