HomeMy WebLinkAbout20213238.tiffWELD COUNTY
CODE ORDINANCE 2021-14
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repealed and re-enacted, with amendments, to read as follows.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. 20-1-30. Intent and purpose.
A. Intent. This Chapter is intended to implement, and be consistent with, the Impact Fee Study
prepared by Duncan Associates in August, 2021, or a subsequent, similar study, and the
Comprehensive Plan found in Chapter 22 of this Code.
Remainder of Section — No change.
Amend Sec. 20-1-50. Definitions.
Certain words or phrases unique to this Chapter shall be construed as herein set out unless
it is apparent from the context that they have a different meaning.
Commercial means an activity where goods, products or services are bought, sold or
transferred in ownership on a fee, contract or barter basis.
Mobile home as defined in accordance with Section 29-1-20 of this Code.
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Mobile home park means a parcel or contiguous parcels of land divided into two (2) or more
mobile home lots or pads for rent or sale.
Shopping center/commercial means establishments engaged in the selling or rental of goods,
services or entertainment to the general public. Such uses include, but are not limited to, shopping
centers, discount stores, supermarkets, home improvement stores, pharmacies, automobile sales
and service, maintenance or repair shops, car washes, show rooms, event centers, banks, movie
theaters, amusement arcades, bowling alleys, barber shops, laundromats, funeral homes,
vocational or technical schools, dance studios, health clubs and golf courses.
Remainder of Section — No change.
Amend Sec. 20-1-60. Imposition of fee.
A. — No change.
B. Fee schedules. Any person who causes the commencement of development, except those
persons exempted or preparing an Independent Fee Calculation Study pursuant to Section
20-1-80 below, shall pay impact fees in accordance with fee schedules approved by the Board
of County Commissioners, and set forth in Appendix 5-N, which will be adjusted annually for
inflation.
C. Inflation adjustment. On or before June 30th of each calendar year, the Board of County
Commissioners shall consider adjusting each impact fee amount by the rate of inflation. The
rate of inflation shall mean the percentage change from the prior calendar year in the United
States Bureau of Labor Statistics Consumer Price Index for Denver -Boulder -Greeley, all
items, all urban consumers or its successor index. Fee changes resulting from an inflation
adjustment shall take effect upon the effective date of the Code ordinance authorizing such
changes.
Remainder of Section — No change.
Amend Sec. 20-1-70. Exemptions.
The following shall be exempt from the terms of this Chapter. An exemption must be claimed
by the fee payer at the time of issuance of a building permit. The Director shall determine the
validity of any claim for exemption.
A. thru D. — No change.
Delete E.
Amend Sec. 20-1-80. Independent fee calculation.
A. - No change.
B. The impact fee may be computed by the use of an Independent Fee Calculation Study at the
election of the fee payer, if the applicant believes it can be demonstrated that the nature of
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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.
Remainder of Section — No change.
Amend Sec. 20-1-90. Credits.
A. thru E. — No change.
F. The determination of any credit shall be undertaken through the submission of an application
for credit agreement, which shall be submitted to the Director at the time of final platting. The
application for a credit agreement shall include the following information:
1. thru 2.b — No change.
3. If the proposed application for credit agreement involves construction, the following
documentation must be provided:
a. No change.
b. The projected costs for the proposed improvement, which shall be based on local
information for similar improvements, along with the construction timetable for the
completion thereof. Such estimated cost shall include the cost of construction or
reconstruction, the cost of all labor and materials, the cost of all lands, property, rights,
easements and franchises acquired, financing charges, interest prior to and during
construction and for one (1) year after completion of construction, costs of plans and
specifications, surveys of estimates of costs and of revenues, costs of professional
services, and all other expenses necessary or incident to determining the feasibility or
practicability of such construction or reconstruction.
Remainder of Section — No change.
Amend Sec. 20-1-100. Use of funds.
A. thru B. — No change.
C. Eligible expenditures. Impact fee funds shall only be spent on capital improvements that
expand the capacity of County facilities to accommodate growth. Impact fees shall not be
used for operations and maintenance purposes or for the rehabilitation or replacement of
existing facilities, provided that if existing facilities are replaced with facilities that have
additional capacity, impact fees can be used to fund the portion of the project related to the
capacity expansion.
1. — No change.
2. County facilities impact fee funds shall only be spent on the construction or enlargement
of County -owned facilities, excluding emergency medical services, roads or drainage
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facilities, for the purpose of providing additional or expanded facilities that primarily serve
development in the unincorporated area.
Remainder of Section — No change.
Amend Sec. 20-1-120. Periodic. review.
At least once every ten (10) years, the Board of County Commissioners shall review the
Impact Fee Study and the Weld County Road Impact Fee contained in this Chapter 20 of this
Code. The purpose of this review is, to analyze changes in actual costs, to assess potential
changes in needs, to assess any changes in the characteristics of land uses, and to ensure that
the impact fees will not exceed a proportionate share of the capital costs attributable to growth.
Delete APPENDIX 20-A - ROAD IMPACT FEE BENEFIT DISTRICTS
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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Carly Koppes, Clerk and Recorder, Weld County , CO
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The above and foregoing Ordinance Number 2021-14 was, on motion duly made and
seconded, adopted by the following vote on the 17th day of November, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddediai ureit0 K
Weld County Clerk to the Board
BY:
Deputy Cler to the Board
APP: ED AST
County Attorney
Date of signature: X2/02
Steve Mo eno, Ch.ir
erry L. B
es, Pr
(AYE)
(AYE)
(AYE)
34.44-.„ (AYE)
ike Freeman
Lori Saine
First Reading: October 18, 2021
Publication: October 24, 2021, in the Greeley Tribune
Second Reading: November 3, 2021
Publication: November 7, 2021, in the Greeley Tribune
Final Reading: November 17, 2021
Publication: November 21, 2021, in the Greeley Tribune
Effective: November 26, 2021
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Carly Koppes, Clerk and Recorder, Weld County CO
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(NAY)
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