§ 9.6.8. Independent fee calculation study.

General.

1.

The regional road capital expansion fee may be computed by the use of an independent fee calculation study (a) at the election of the fee payer, or (b) upon the request of the fee administrator for any proposed land development activity that the fee administrator determines (i) is not listed on the fee schedule and is not comparable to any land use on the fee schedule, or (ii) is 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, due to its nature, timing, or location.

2.

The preparation of the independent fee calculation study will be the responsibility of, and at the expense of, the electing party.

3.

Any person electing to perform an independent fee calculation study must pay an application fee for administrative costs associated with the review and decision on such independent fee calculation study.

B.

Formula.

1.

The independent fee calculation study for the regional road capital expansion fee will be calculated using the following formula:

Total weekday vehicle trip ends

×

Trip rate adjustment factor for
inbound trips, including pass-by

×

Average miles per trip

×

Trip length adjustment factor

×

Capital (Growth) cost per VMT

Road TCEF Input Factors
Non-Regional Average Miles per Trip	3.72
2018 Non-Regional Capital (Growth) Cost per VMT*	$191.42
Regional Average Miles per Trip	0.23
Regional Capital (Growth) Cost per VMT*	$257.16
*Cost per VMT varies annually (LCLUC 9.5.6.C.2) Contact TCEF Administrator for current rate

 

Nonresidential Development Type	Trip Rate Adjustment	Trip Length Adjustment
Industrial	50%	86%
Commercial	33%	57%
Office & Other Services	50%	86%

 

2.

The independent fee calculations will be based on data, information or assumptions in this regulation or independent sources. Independent sources may be used, provided that:

a.

The independent source is an accepted standard source of transportation engineering or planning data or information; and

b.

The independent source is a local study on trip characteristics carried out by a qualified traffic planner or engineer under an accepted methodology of transportation planning or engineering; and

c.

The trip rate adjustment factor used in the independent fee calculation study must be based on actual surveys conducted in Larimer County.

C.

Procedure.

1.

An independent fee calculation study will be undertaken after the submittal of an application to the fee administrator on a form provided by the county, and with information required by that form.

2.

Within ten working days of receipt of an application for an independent fee calculation study, the fee administrator will determine if the application is complete. If the fee administrator determines that the application is not complete, a written statement specifying the deficiencies will be sent to the person submitting the application. The application will be deemed complete if no deficiencies are specified. The fee administrator will take no further action on the application until it is deemed complete.

3.

When the fee administrator determines the application is complete, the application will be reviewed and the fee administrator will render a written decision in 20 working days on the amount of fee due, based on the standards in subsection 9.6.8.D, and will send that decision to the person submitting the application.

D.

Standards. If, on the basis of generally recognized principles of impact analysis, the fee administrator determines that the data, information and assumptions used by the applicant to calculate the independent fee calculation study satisfy the requirements of this section, the fee determined in the independent fee calculation study will be deemed the fee due for the proposed traffic-generating development. If the independent fee calculation study fails to satisfy the requirements of this section, the fee administrator may:

1.

Adjust the calculated fee to correct for those aspects of the calculation that do not meet the requirements of this section, and impose the adjusted fee; or

2.

Determine that one of the fees established in subsection 9.6.7.C (establishment of fee schedule) is a more accurate reflection of the impacts of the proposed development on regional roads, and impose that fee.

E.

Appeal of independent fee calculation study decision.

1.

A fee payer affected by the administrative decision of the fee administrator on an independent fee calculation study can appeal the decision to the county commissioners by filing with the fee administrator, within ten working days from the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The fee administrator will place the appeal on the county commissioner's agenda for the next regularly scheduled meeting.

2.

The county commissioners, after a hearing, will affirm or reverse the decision of the fee administrator. In making their decision, the county commissioners will apply the standards in subsection 9.6.8.D. If the county commissioners reverse the decision of the fee administrator, they will direct the administrator to recalculate the fee in accordance with their findings. In no case will the county commissioners have the authority to negotiate the amount of the fee.

(Res. No. 12262006R003, 12-26-2006; Res. No. 07-17-2018(1), Exh. A, 7-17-2018)