ORDINANCE NO. 1107
AN ORDINANCE REVISING ROAD IMPACT FEES FOR NEW CONSTRUCTION WITHIN THE TOWN OF BERTHOUD, LARIMER AND WELD COUNTIES, COLORADO
WHEREAS, the Board of Trustees and the Planning Commission have reviewed the Road Impact Fee Study prepared by Felsburg Holt and Ullevig and Clarion & Associates dated December 2001 and the Road Impact Fee Regulation prepared by Clarion Associates dated December 2001; and,
WHEREAS, the Board of Trustees have reviewed the Town of Berthoud Master Street Plan and Road Impact Fee Update dated April 28, 2009 by HDR, Inc.; and
WHEREAS, the Master Street Plan and Road Impact Fee update established Road Impact Fees for both “Town Center” and “I-25 Subarea” geographic areas; and
WHEREAS, the Board of Trustees, after reviewing these documents, believes it is in the best interests of the Town that road impact fees be imposed for new construction within the Town thereby ensuring that new development pay its fair share of the transportation impact it creates;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, LARIMER AND WELD COUNTIES, COLORADO.
There shall be imposed a road impact fee for all new construction within the Town of Berthoud. The road impact fee shall be paid per provisions found in Ordinance 1104 and in accordance with the Fee Schedule as set forth on Exhibit “A”, which is attached hereto and incorporated herein by reference. The fee is applied in increments of dwelling unit, room or of 1,000 square feet. The fee will be prorated according to the actual square footage of the new construction.
There shall be no fee due when the building permits are issued for remodeling, when the construction does not increase the square footage of the structure in excess of 1,000 square feet.
Retail establishments and restaurants shall also be exempt from the fee when it can be shown that their sales will generate sales tax revenues comparable to the competitive retail and restaurants which are already operating within the Town. It is the intent of this provision to recognize and give credit for sales tax revenues which will be generated by new businesses and which are, pursuant to the Town’s current sales tax ordinance, directed toward special purposes such as repair and improvement of streets.
Section 2. Effective Date:
The Board of Trustees of the Town of Berthoud herewith finds, determines and designates that this Ordinance shall take effect and be in force thirty (30) days after publication.
TOWN OF BERTHOUD: Tom Patterson, Mayor
ATTEST: Mary Cowdin, Town Clerk
At its meeting April 28, 2009, a public hearing was set by the Board of Trustees of the Town of Berthoud for its meeting held on the 12th day of May, 2009. After the public hearing, this Ordinance was read, passed and ordered published by the Board of Trustees at its meeting this 12th day of May, 2009.
Published in the Berthoud Recorder
May 21, 2009
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