§ 9.6.9. Credits.

A.

General standards.

1.

Any person initiating traffic-generating development may apply for a credit against regional road capital expansion fees otherwise due, up to but not exceeding the full obligation for regional road capital expansion fees proposed to be paid under this regulation, for any contribution, payment, or construction, accepted and received by Larimer County for any non-site-related road capital improvements to road segments that are both (a) on the regional road system, and (b) on the county's adopted capital improvement program. No credits will be provided for site-related improvements.

2.

Credits for contributions, payments, or construction for non-site-related road improvements on the county's regional road system will run with the land and will be transferable within the same development. Credits are not transferable to other development for credit against the regional capital expansion fees, or for credit against fees required to be paid for other public facilities.

B.

Amount of credit. Credit will be in an amount equal to the value of the contribution or payment at the time it is made to Larimer County or the costs of road construction at the time of its completion.

C.

Procedure for credit review.

1.

The determination of any credit 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 this section. The application shall be filed before payment of any regional road capital expansion fee to which the credit is intended to apply.

2.

The application for a credit agreement must include the following information:

a.

If the proposed application involves a credit for any contribution or payment:

(1)

A certified copy of the development approval in which the contribution was agreed; and

(2)

If payment has been made, proof of payment; or if payment has not been made, the proposed method of payment.

b.

If the proposed application involves credit for construction:

(1)

The proposed plan of the specific construction prepared and certified by a duly qualified and licensed Colorado engineer or contractor;

(2)

The construction timetable for the completion of the improvements; and

(3)

The projected costs for the suggested improvement, which shall be based on local information for similar improvements. The estimated cost must include the cost of construction or reconstruction, the cost of all labor and materials, costs of professional services, and all other expenses necessary or incidental to determining the feasibility or practicability of the construction or reconstruction.

3.

Within ten working days of receipt of the proposed application, the fee administrator will determine if the application is complete. If it is determined that the proposed agreement is not complete, the fee administrator will send a written statement to the applicant outlining the deficiencies. The fee administrator will take no further action on the proposed application until all deficiencies have been corrected or otherwise settled.

4.

Once the fee administrator determines the proposed 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 the credit due, based on the standards in subsection 9.6.9.A (credits; general standards), and will mail that decision to the person submitting the application.

5.

If the application for credit agreement is approved by the fee administrator, a credit agreement will be prepared and signed by the applicant and the county. It will specifically outline the contribution, payment, or construction; the time by which it will be completed or paid, and any possible extensions of such time; and the dollar amount of the credit the applicant will receive for the contribution, payment, or construction.

D.

Appeal of credit decision. A fee payer affected by the decision of the fee administrator regarding credits can appeal the decision to the county commissioners by filing with the fee administrator, within ten working days of 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. The county commissioners will affirm or reverse the decision of the fee administrator based on the standards in subsection 9.6.9.A (credits; general standards). If the county commissioners reverse the decision, they will direct the fee administrator to readjust the credit in accordance with their findings. In no case will the county commissioners have the authority to negotiate the amount of the credit.

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