§ 9.5.6. Imposition of county fee.

A.

Time of fee obligation and payment.

1.

After the effective date of this regulation, any person or governmental body (unless exempted by intergovernmental agreement) who causes the commencement of traffic-generating development will be obligated to pay a non-regional road capital expansion fee consistent with the terms of this regulation.

2.

Except as described in subsection 3. below, the fee will be determined and paid to the fee administrator at the time of issuance of a building permit, provided, however that the fee administrator may delay the duty to pay the fee until the issuance of a certificate of occupancy if the fee administrator determines that such delay will not result in a delay in construction of any non-regional road improvement in the benefit area where the property is located.

3.

For traffic-generating development that occurs as a result of a county approval, the fee will be determined and paid to the fee administrator at the time agreed upon by the county commissioners and the applicant as a condition of the county approval, but no earlier than the issuance of a development construction permit for the development containing the county approved activity, if any.

4.

If any credits are due under subsection 9.5.8 (credits), they will be determined at that time.

5.

If the building permit or approval is for less than the entire development or activity, the fee will be computed separately for the amount of development covered by the permit, or approval.

6.

If the fee is exacted for traffic-generating development that increases traffic impact because of a change in use, the fee will be determined by computing the difference between the fee applicable to the new traffic-generating development and fee applicable to the existing traffic-generating development.

7.

The obligation to pay the transportation capital expansion fee will run with the land.

8.

Any person who, prior to the effective date of this regulation, agreed to pay a transportation capital expansion fee pursuant to a previous regulation, or as a condition of development approval, will be responsible for the payment of the fee under the terms of any such previous regulation or agreement, rather than the terms of this regulation.

B.

Exemptions. The following types of development and activity are exempt from the terms of this regulation. An exemption must be claimed by the fee payer at the time of application for a building permit or development construction permit.

1.

Alteration of an existing building where no additional vehicular trips will be produced over and above that produced by the existing use.

2.

The construction of residential accessory buildings or structures that will not produce additional vehicular trips.

3.

The replacement of a destroyed or partially-destroyed building or structure of the same size and use, provided that no additional trips will be produced above those produced by the original use of the land.

4.

Any affordable housing development specifically exempted by the board of county commissioners pursuant to C.R.S. § 29-20-104.5(5).

5.

Home occupation with ten or fewer average daily trip ends, accessory rural occupation with ten or fewer average daily trip ends, and bed and breakfast with six or fewer guests.

C.

Establishment of fee schedule.

1.

Any person who causes the commencement of traffic-generating development, except those persons exempted under subsection 9.5.6.B (exemptions) or preparing an independent fee calculation study under subsection 9.5.7 (independent fee calculation study), must pay a non-regional road expansion fee in accordance with the road fee schedule.

2.

The fees in the road fee schedule shall be updated annually by the fee administrator to reflect changes in road construction costs during the previous year. The updated fees shall become effective on the first day of July. To calculate an updated fee, each fee in the road fee schedule shall be multiplied by a ratio, the numerator of which is the annual eight-quarter moving average in the Colorado Construction Cost Index Report prepared by the Colorado Department of Transportation and the denominator of which is the same index for a period one year earlier than the numerator. If the ratio is less than, or equal to 1.05, the fees in the road fee schedule shall be updated by the fee administrator without further action by the county commissioners. If the ratio is greater than 1.05, the fee administrator shall report the ratio to the county commissioners, and the county commissioners shall determine the ratio that shall be used to update the fees. All obligations to pay the non-regional road capital expansion fee shall apply to the most recent update of the fees in the road fee schedule.

3.

If a fee is to be paid for mixed uses, then the fee will be determined according to the above schedule by apportioning the space committed to uses specified on the schedule.

4.

If the type of traffic-generating development for which a building permit or other approval is requested is not specified on the fee schedule, the fee administrator will determine the fee on the basis of the fee applicable to the most nearly comparable development category on the non-regional road fee schedule. The fee administrator will be guided in the selection of a comparable 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 prepared by the U.S. Department of Transportation or Colorado Department of Transportation, and applying the formula in subsection 9.5.7.B; or

b.

Computing the fee by use of an independent fee calculation study as provided in subsection 9.5.7 (independent fee calculation study).

(Res. No. 12262006R003, 12-26-2006; Res. No. 06162009R002, Exh. A, 6-16-2009; Res. No. 04062010R003, Exh. A, 3-15-2010; Res. No. 07192011R004, Exh. A, 7-19-2011; Res. No. 07222014R004, Exh. A, § 10, 7-22-2014; Res. No. 07-17-2018(1), Exh. A, 7-17-2018)