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2017

2017 ORDINANCES

ORDINANCE 2017-01 Impact Fees

ORDINANCE NO. 2017-01

AN ORDINANCE AMENDING CHAPTER 4 OF THE KEENESBURG MUNICIPAL CODE TO ADD A NEW ARTICLE VII REGARDING IMPACT FEES AND ENACTING RELATED PROVISIONS CONCERNING THE COLLECTION AND EXPENDITURE OF IMPACT FEES.

WHEREAS, Town staff has undertaken a review of the Town’s capital needs, and has analyzed and assessed growth and development projections and impacts for the Town, in order to determine the capital facilities needed to serve new development and the proportional costs of such facilities that may be charged to proposed development through impact fees; and

            WHEREAS, pursuant to state law, including but not limited to C.R.S. § 29-20-101 et seq., and as a condition of issuance of a development permit, the Town has the authority to impose an impact fee or other similar development charge to fund expenditures by the Town on capital facilities needed to serve new development; and

            WHEREAS, the Town Board of Trustees by this Ordinance desires to adopt a new Article VII in Chapter 4 of the Keenesburg Municipal Code to establish new development impact fees and to enact related provisions concerning the collection and expenditure of impact fees.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

Section 1.        Legislative Findings:  The Board of Trustees of the Town of Keenesburg finds that:

  1. The Town is authorized by state law, including but not limited to C.R.S. § 29-20-101 et seq., to impose an impact fee or other similar development charge as a condition of the issuance of development permit, in order to fund expenditures by the Town on capital facilities needed to serve new development.
  1. The Town is experiencing new development and related population growth, and such development has placed and is projected to place an increased demand upon the Town’s regional transportation network, storm drainage system, parks, and public facilities.
  1. The protection of the health, safety, and general welfare of the citizens of the Town requires that these capital facilities be constructed, expanded or improved to accommodate and serve continuing development and growth within the Town.
  1. The taxes and other revenues generated from new development do not generate sufficient funds to provide the necessary capital facilities to accommodate and serve new development.
  1. The adoption of an equitable impact fee system consistent with the requirements of state law is one of the preferred methods of the Town for regulating land development to ensure new development pays a proportionate and fair share of the costs of the needed capital facilities, allowing the Town to make the necessary capital facility expenditures to serve new development.
  1. Town staff has undertaken a review of the Town’s capital facility needs and fee programs, and has analyzed and assessed growth and development projections and impacts for the Town, in order to determine the capital facilities needed to serve new development and the proportional costs of such facilities that may be charged to proposed development through impact fees.
  1. Telesto Solutions Incorporated has prepared an Impact Fee Analysis dated _________________, and has prepared additional materials regarding the impact fees established under this Ordinance.  (Such documents and materials are collectively referred to as the “Impact Fee Analysis”).  Based on reasonable methodologies, analyses and assumptions for determining the impacts of new development on the Town’s capital facilities, the Impact Fee Analysis quantifies the reasonable impacts of new development on the Town capital facilities addressed therein, and establishes an impact fee no greater than is necessary to defray the projected impacts on these capital facilities directly related to proposed new development.
  1. The Town Board of Trustees hereby confirms and establishes as Town standards the assumptions and service standards referenced and discussed in the Impact Fee Analysis as part of the Town’s current plans for future construction, improvement and expansion of the Town’s capital facilities that are addressed by the impact fee system adopted in this Ordinance.
  1. The impact fees charged to new development pursuant to this Ordinance are legislatively adopted, generally applicable to all development within the Town, and intended to defray the projected impacts on capital facilities caused by proposed development.  The impact fees are no greater than necessary to defray the projected impacts directly related to proposed new development.
  1. This Ordinance creates a system under which impact fees shall not be used to remedy any deficiency in capital facilities existing on the effective date of this Ordinance.  The impact fees paid by new development will be used to finance or defray all or a portion of the costs incurred by the Town to construct, improve or expand capital facilities to serve new development in ways that benefit the development that paid each fee within a reasonable period of time after the fee is paid.
  1. This Ordinance includes provisions to ensure that no individual landowner is required to provide any site-specific dedication or improvement to meet the same need for capital facilities for which the impact fees are imposed.
  1. The development impact fees collected pursuant to this Ordinance will be used solely for the capital facility needs for which the fees are charged.

Section 2.        Chapter 4 of the Keenesburg Municipal Code is hereby amended by the addition of a new Article VII to read as follows:

CHAPTER 4

Revenue and Finance

Article VII     Development Impact Fees and Funds

Sec. 4-7-10     Short title, authority and applicability.

Sec. 4-7-20      Intent.

Sec. 4-7-30     Definitions.

Sec. 4-7-40     Development Impact Fees imposed.

Sec. 4-7-50     Exemptions.

Sec. 4-7-60     Calculation of amount of Impact Fees.

Sec. 4-7-70     Credits; general.

Sec. 4-7-80     Credits; valuation.

Sec. 4-7-90     When credits become effective.

Sec. 4-7-100   Transferability of credits.

Sec. 4-7-110   Credits; procedure.

Sec. 4-7-120   Refund of Impact Fees paid.

Sec. 4-7-130   Impact Fee Trust Fund.

Sec. 4-7-140   Expenditure of Impact Fees.

Sec. 4-7-150   Benefit areas and expenditures.

Sec. 4-7-160   Review every three (3) years.

Sec. 4-7-170   Miscellaneous provisions.

Sec. 4-7-10.      Short title, authority and applicability.

            (a)       Title.  This Article shall be known and may be cited as the “Keenesburg, Colorado Impact Fee Ordinance” or “Impact Fee Ordinance.”

(b)       Authority.  The Town has the authority to adopt this Article pursuant to the Town’s general police powers, Colorado Revised Statutes §§ 29-20-101 et seq., 31-23-101 et seq., and 29-1-801 et seq., and other relevant laws of the State of Colorado.

(c)       Application.  This Article shall apply to all new development within the territorial limits of the Town, except as exempted pursuant to the provisions hereof.  This Article shall not apply to any development for which the applicant has submitted a complete building permit application prior to the effective date of the Ordinance enacting this Article.

            Sec. 4-7-20.    Intent.

            (a)       Compliance with laws.  The intent of this Article is to comply with the provisions of applicable laws concerning the imposition of impact fees, including but not limited to C.R.S. § 29-20-104.5, and the provisions of this Article shall be construed and enforced in accordance with such laws.

            (b)       Development bears proportionate share of costs of Capital Facilities.  The intent of this Article is to ensure that new development bears a proportionate share of the cost of Capital Facilities, as defined herein.  It is the further intent of this Article that new development pay for its fair share of the costs of such Capital Facilities through the Impact Fees imposed in this Article.

(c)       Fee no more than proportionate cost.  It is the intent of this Article that the Impact Fees imposed on new development are no greater than necessary to defray the impacts directly related to proposed new development, such impact being the costs of Capital Facilities to accommodate new development.

(d)       No intent to remedy existing deficiencies.  It is not the intent of this Article that Impact Fees be used to remedy any deficiency in Town Capital Facilities existing on the effective date of the Ordinance enacting this Article.

(e)       No intent to commingle funds.  It is not the intent of this Article that any monies collected from any Impact Fee deposited in an Impact Fee Trust Account ever be commingled with monies from a different Trust Account, or ever be used for Capital Facilities that are different from those for which the Fee was paid, or ever be used to maintain or operate existing Capital Facilities.

            Sec. 4-7-30.    Definitions.

For the purposes of this Article, unless the context clearly requires a different meaning, the following terms shall have the following meanings:

            (a)       Building Permit.  A Building Permit issued by the Chief Building Official permitting the construction of a building or structure within the Town.

(b)       Capital Facilities.  Any improvement or facility that (1) is directly related to any service that the Town is authorized to provide; (2) has an estimated useful life of five years or longer; and (3) is required by general policy of the Town pursuant to a resolution or ordinance.  The phrase Capital Facilities, as used in this Article, is limited to the following categories, all of which are as further defined herein and in the Impact Fee Analysis: transportation capital facilities, storm drainage capital facilities, parks, and public facilities.  No costs of vehicles or equipment are included within such Capital Facilities.

(c)       Commencement of Impact-Generating Development.  Commencement of Impact-Generating Development occurs upon the approval of a rezoning, a special review use permit, a preliminary subdivision plat, a final subdivision plat, a minor subdivision plat, or the issuance of a building permit, whichever occurs first after the effective date of the Ordinance enacting this Article.

(d)       Complete Application.  An application that (1) has been submitted to and received by the Town Manager; (2) contains all information and submittal materials required by the Keenesburg Municipal Code; and (3) has been determined in writing by Town staff to be complete under the applicable provisions of the Keenesburg Municipal Code.

(e)       Development.  Any construction, reconstruction, expansion or conversion of a building, structure or use, or any change in the use of any land, building or structure, which creates additional demand for public services.

(f)        Development Permit.  Any preliminary or final approval of an application for a rezoning, conditional or special use permit, subdivision, site plan, or similar application for new construction, expansion or redevelopment.

(g)       Fee Payer.  A person commencing Impact-Generating Development who is obligated to pay an Impact Fee in accordance with the terms of this Article.

(h)       Fee Schedule or Impact Fee Schedule.  The Impact Fees established by this Article. The Impact Fee Schedule is set forth as Exhibit A to this Article and incorporated herein by reference.

(i)        Impact Fees.  The fees established by this Article for the following Capital Facilities:  transportation (the Transportation Impact Fee), storm drainage (the Drainage Impact Fee), parks (the Parks Impact Fee), and public facilities (Public Facilities Impact Fee).

(j)        Impact Fee Analysis.   The Impact Fee Analysis prepared by Telesto Solutions Incorporated dated _________________, and all other additional materials prepared in connection with such analysis and this Article.

(k)       Independent Fee Calculation Study.  A study prepared by a Fee Payer, calculating the cost of a Capital Facility for which an Impact Fee is imposed and which is required to serve the Fee Payer’s proposed development, which is performed on an average cost (not marginal cost) methodology, uses the service units and unit construction costs stated in the Impact Fee Analysis, and is performed in compliance with the criteria established in this Article.

(l)        Impact Fee Trust Fund.  The trust fund established by Section 4-7-130, which includes individual accounts for the Transportation Impact Fees, the Drainage Impact Fees, the Parks Impact Fees, and the Public Facilities Impact Fees.  The Impact Fee Trust Fund is also called the Trust Fund.

(m)      Level of Service (LOS).  A measure of the relationship between service capacity and service demand for Capital Facilities.

(n)       Public Facilities.  Public Facilities includes planning, land acquisition, engineering design, construction inspection, on-site construction, off-site construction and public capital facility purchases associated with new or expanded public facilities, including but not limited to additional municipal office space, municipal office space parking, public works building and storage space, and other municipal capital facilities that expand the capacity of the Town’s public facilities.

(o)       Site-Related Improvements.  Except for arterial roads and interchanges that are Transportation Capital Facilities, those transportation improvements that provide direct access to a Development.  Direct access improvements include but are not limited to the following: (a) driveways and streets leading to and from the Development; (b) right and left turn lanes leading to those driveways and streets; (c) traffic control measures for those driveways; and (d) internal streets.  Credit is not provided for Site-Related Improvements under the terms of this Article.

(p)       Successor-in-Interest.  A person who is conveyed a fee simple interest in land for which an Impact Fee is paid or a credit is approved pursuant to the terms of this Article.

(q)       Transportation Capital Facilities.  Transportation Capital Facilities consist of all existing or planned arterial roads, local streets and related improvements as outlined in the Impact Fee Study, including all engineering work, design studies, land surveys, alignment studies, permitting work, land costs and construction related to all necessary features for those roads in the Impact Fee Study, undertaken to accommodate additional traffic resulting from new Impact-Generating Development in the Town.  Such features that are part of the Transportation Capital Facilities include, but are not limited to: (a) new through lanes; (b) new bridges; (c) new drainage facilities in conjunction with new road construction; (d) traffic signals, including new and upgraded signalization; (e) curbs, gutters, sidewalks, medians and shoulders in conjunction with new road construction; (f) relocation of utilities to accommodate new road construction; (g) the construction and reconstruction of intersections; (h) the widening of existing  roads; (i) bus turnouts; (j) acceleration and deceleration lanes; (k) interchanges; and (l) traffic control devices.  For the purposes of this Article, Site-Related Improvements shall not constitute Transportation Capital Facilities.

Sec. 4-7-40     Development Impact Fees imposed.

(a)       Obligation to pay and time of payment.  After the effective date of the Ordinance enacting this Article, any person who causes the Commencement of Impact-Generating Development shall be obligated to pay Impact Fees pursuant to the terms of this Article. The obligation to pay Impact Fees shall run with the land. The amount of the Impact Fees shall be determined in accordance with Section 4-7-60 and paid to the Town at the time and as a condition of issuance of a Building Permit for the new Development.  If any credits are due pursuant to this Article, they shall be determined at that time.

(b)       Fees Promptly Deposited into Accounts in Trust Fund.  All monies paid by a Fee Payer pursuant to this Article shall be identified as Impact Fees and shall be promptly deposited in the appropriate Impact Fee Trust Accounts established in Section 4-7-130.

(c)       Extension of previously issued development permit.  If the Fee Payer is applying for an extension of a Development Permit issued previously, the Impact Fees required to be paid shall be the net increase between the Impact Fees applicable at the time of the current permit extension application and any Impact Fees previously paid pursuant to this Article.

(d)       Permit for change in use, expansion, redevelopment, modification.  If the Fee Payer is applying for a Building Permit to allow for a change of use or for the expansion, redevelopment, or modification of an existing Development, the Impact Fees required to be paid shall be based on the net increase in the Impact Fees for the new use as compared to the previous use.

Sec. 4-7-50.   Exemptions. 

The following types of development shall be exempted from payment of Impact Fees.  Any claim for exemption shall be made no later than the time when the applicant applies for the first Building Permit. Any claim for exemption not made at or before that time shall be waived.  The Town Manager or designee shall determine the validity of any claim for exemption pursuant to the standards set forth below.

(a)       Replacing existing residential unit with new unit. Reconstruction, expansion, alteration or replacement of a previously existing residential unit that does not create any additional residential dwelling units.

(b)       Rebuilding after fire or catastrophe.  Rebuilding the same number of dwelling units that were destroyed by fire or other catastrophe.

(c)       Accessory structures.  Construction of unoccupied accessory structures related to a residential dwelling unit.

(d)       Previous payment of same amount of Impact Fees.  Impact-Generating Development for which an Impact Fee was previously paid in an amount that equals or exceeds the Impact Fee that would be required by this Article.

(e)       Government.  Development by the federal government, the State, or the Town.

(f)        Development for which complete application submitted prior to effective date.  Development for which a complete application for a Building Permit was submitted prior to the effective date of the Ordinance enacting this Article.  The decision of the Town with respect to completeness is final.

(g)       Development without greater impact.  Development for which the Fee Payer can demonstrate will create no greater impact over and above that existing prior to the proposed Development.

Sec. 4-7-60.    Calculation of amount of Impact Fees.

(a)       General.  Except for those electing to pay Impact Fees pursuant to subsection 4-7-60(c), the Impact Fees applicable to and payable for the Impact-Generating Development shall be as determined by the Fee Schedule set forth as Exhibit A at the end of this Article.  The Impact Fee Schedule set forth in Exhibit A is based on the Impact Fee Analysis. It applies to all Development, and is intended to defray the projected impacts caused by proposed new Development on Capital Facilities.

(b)       Annual adjustment of fees to reflect effects of inflation.  The Impact Fees shown in the Impact Fee Schedule shall be adjusted annually to reflect the effects of inflation on those costs for Capital Facilities.  Commencing on January 1, 2018 and on January 1 of each following year unless and until the Fees in Exhibit A are revised or replaced by the Board of Trustees, each Impact Fee amount set forth in Exhibit A shall be adjusted for inflation, based on the annual Construction Cost Index published by Engineering News Record. Such adjustments in the Impact Fees shall become effective immediately upon calculation by the Town, and shall not require additional action by the Town Board of Trustees to be effective.

(c)       Independent fee calculation study.  In lieu of calculating the amount(s) of Impact Fees by reference to the Impact Fee Schedule, a Fee Payer may request that the amount of the required Impact Fee be determined by reference to an Independent Fee Calculation Study. 

  1. Preparation of Independent Fee Calculation Study.  If a Fee Payer requests the use of an Independent Fee Calculation Study, the Fee Payer shall be responsible for retaining a qualified professional (as determined by the Town Manager or designee) to prepare an Independent Fee Calculation Study that complies with the requirements of this Article, at the Fee Payer’s expense.
  1. General parameters for Independent Fee Calculation Study.  Each Independent Fee Calculation Study shall be based on the same standards and unit costs for the Capital Facilities that are used in the Impact Fee Analysis, and shall document the relevant methodologies and assumptions used.
  1. Procedure.
  2. An Independent Fee Calculation Study shall be undertaken through the submission of an application to the Town Manager, along with an application fee to defray the costs associated with the review of the Independent Fee Calculation Study.
  3. Within fifteen (15) days of receipt of an application for Independent Fee Calculation Study, the Town Manager or designee shall determine if the application is complete.  If it is determined the application is not complete, a written statement specifying the deficiencies shall be sent by mail to the person submitting the application. The Town Manager or designee shall take no further action on the application until it is complete.
  4. When it is determined the application is complete, the application shall be reviewed by the Town Manager or designee and a written decision rendered within 30 days on whether the Impact Fees should be modified, and if so, what the amount should be, based on the standards in subsection 4-7-60(c)(4).
  1. Standards.  If, on the basis of generally recognized principles of impact analysis, it is determined by the Town that the data, demand information, methodologies and assumptions used by the applicant to calculate the Impact Fees in the Independent Fee Calculation Study more accurately measures the proposed Impact-Generating Development’s impact on the appropriate Capital Facilities, the Fees determined in the Independent Fee Calculation study shall be deemed by the Town to be the Fees due and owing for the proposed Development. The Fee adjustment shall be set forth in a Fee Agreement executed prior to payment of the adjusted Fees and the issuance of the first Building Permit.  If the Independent Fee Calculation Study fails to satisfy these requirements, the Fees applied shall be the Fees established in Exhibit A: Impact Fee Schedule.

            Sec. 4-7-70.    Credits; general.

(a)       Intent.  No individual landowner is required to provide any site-specific dedication or improvement to meet the same need for Capital Facilities for which Impact Fees are imposed pursuant to this Article.  The intent of this Section is to allow for credits whether such a site-specific dedication or improvements is required or agreed upon in connection with Impact-Generating Development.  The total amount of any credit shall not exceed the amount of the Impact Fees due for the individual facility component.

(b)       Application.  Any person causing the Commencement of Impact-Generating Development may apply for credit against Impact Fees otherwise due, up to but not exceeding the full obligation of Impact Fees proposed to be paid pursuant to the provisions of this Article, for any contribution, construction, or dedication of land (where appropriate) accepted by the Town for Capital Facilities.  Credits against Impact Fees shall be provided only for those Capital Facilities identified in the Impact Fee Analysis.

(c)       Eligibility.  No credit shall be awarded for land dedications not accepted by the Town, facilities not included in the Impact Fee Analysis, or any undertaking not approved in advance pursuant to this Section.  No credits shall be awarded for any property required to be dedicated in conjunction with a Development, whether pursuant to the Keenesburg Municipal Code or public works manual, or pursuant to an annexation or other agreement affecting the Development.  All credits must be processed in accordance with this Section.

(d)       Capital Facility Reimbursement Agreement.  The Town may, but shall not be required to, enter into a Capital Facility Reimbursement Agreement with any person who proposes to construct Capital Facilities to the extent the fair market value of the construction of these Capital Facilities exceed the obligation to pay Impact Fees for which a credit is provided pursuant to this Article.  The Capital Facility Reimbursement Agreement shall provide proportionate and fair share reimbursement linked to the Impact-Generating Development’s use of the Capital Facilities constructed.

Sec. 4-7-80     Credits; valuation.

(a)       Land dedication.  Credit for land dedication, at the Fee Payer’s option, shall be valued at the fair market value of the land established by a professional appraiser acceptable to the Town in an appraisal paid for by the Fee Payer.

(b)       Construction.  Credit for construction of Capital Facilities shall be valued by the Town based on complete engineering drawings, specifications, and construction costs estimates submitted by the Fee Payer to the Town. The Town shall determine the amount of credit due based on the information submitted or, if it determines the information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the Town Engineer or a designee.

(c)       Contributions.  Contributions for Capital Facilities shall be based on the value of the contribution or payment at the time it is made to the Town.

Sec. 4-7-90.    When credits become effective.

(a)       Land dedication.  Credits for land dedication shall become effective after the credit is approved pursuant to this Article, a Credit Agreement is entered into, the land has been conveyed at no cost to the Town in a form established by the Town Manager, and the dedication of land has been accepted by the Town Board of Trustees. 

(b)       Construction.  Credits for construction of Capital Facilities shall become effective after the credit is approved pursuant to this Article, a Credit Agreement is entered into and (a) all required construction has been completed and has been accepted by the Town; (b) a suitable maintenance and warranty bond has been received and approved by the Town; and (c) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable Town and State requirements. Approved credits for the construction of Capital Facilities may, in the sole discretion of the Town Board of Trustees, become effective at an earlier date if the Fee Payer posts security in the form of an irrevocable letter of credit or cash escrow agreement and the amount and terms of such security are accepted by the Town Board of Trustees.  At a minimum, such security must be in the amount of the approved credit or an amount determined to be adequate to allow the Town to construct the Capital Facilities for which the credit was given, whichever is higher.

(c)       Contribution.  Credits for contributions for Capital Facilities shall become effective after the credit is approved pursuant to this Article, a Credit Agreement is entered into and the contribution is actually made to the Town in a form acceptable to the Town and has been accepted by the Town Board of Trustees.

Sec. 4-7-100.  Transferability of credits.

Credits shall be transferable within the same development and for the same Capital Facility for which the credit is provided, but shall not be transferable outside the development or used as credit against Impact Fees for other Capital Facilities. Credits may be transferred pursuant to these terms and conditions by any written instrument that clearly identifies which credits approved under this Article are to be transferred. The instrument shall be signed by both the transferor and transferee, and the document shall be delivered to the Town Manger or designee for registration of the change in ownership.  If there are outstanding obligations under a Credit Agreement, the Town may require that the transferor or transferee, or both (as appropriate) enter into an amendment to the Credit Agreement to assure the performance of such obligations, and may require additional assurances that the transferee has the financial capability and other qualifications necessary to perform such obligations.

Sec. 4-7-110.  Credits; procedure.

(a)       Submission of application.  In order to obtain a credit against Impact Fees otherwise due, the Fee Payer shall submit an offer for contribution, construction or dedication of land. The offer shall be submitted to the Town Manager or designee, and must specifically request a credit against Impact Fees.

(b)       Offer contents.  The offer for credit shall include the following:

  1. Dedication of Land.  If the proposed offer involves credit for the dedication of land for Capital Facilities:
  2. A drawing and legal description of the land; the Town may require an ALTA survey prepared at the Fee Payer’s expense be submitted if a credit is approved;
  3. The value of the land at the date a Building Permit is proposed to be issued for the Impact-Generating Development, prepared by a professional appraiser, and if applicable, a certified copy of the Development Permit in which the land was agreed to be dedicated.
  1. Construction.  If the proposed credit involves construction of Capital Facilities:
  2. The proposed plan of the specific construction certified by a duly qualified and licensed Colorado engineer or contractor;
  3. The projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated costs shall include the costs of construction or reconstruction, the costs of all labor and materials, the costs 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;
  4. A statement under oath of the facts that qualify the Fee Payer to receive a credit.
  1. Contribution.  If the proposed offer involves a credit for any contribution for Capital Facilities, the following documentation shall be provided:
  2. A certified copy of the Development Permit in which the contribution was agreed;
  3. If payment has been made, proof of payment; or
  4. If payment has not been made, the proposed method of payment.

(c)       Determination of completeness.  Within fifteen (15) days of receipt of the proposed application, the Town Manager or designee shall determine if the application is complete. If it is determined that the proposed application is not complete, the Town Manager or designee shall send a written statement to the applicant outlining the deficiencies.  No further action shall be taken on the application until all deficiencies have been corrected or otherwise settled.

(d)       Decision.  Once the Town Manager or designee determines the offer for credit is complete, it shall be reviewed within thirty (30) days and may be approved by the Town Board of Trustees if there is compliance with the standards in this Article.

(e)       Credit Agreement.  If the offer for credit is approved, a Credit Agreement shall be prepared and signed by the applicant and the Town.  The Credit Agreement shall specifically outline the land dedication for Capital Facilities, construction of Capital Facilities, or contribution for Capital Facilities, the time by which it shall be dedicated, completed, or paid, and any extensions thereof, and the value (in dollars) of the credit against the Impact Fees the Fee Payer shall receive for the dedication, construction, or contribution.

(f)        Accounting of credits.  Each time a request to use approved credits is presented to the Town, the Town Manager or designee shall reduce the amount of the Impact Fees, and shall note in the Town’s records and the Credit Agreement the amount of credit remaining, if any.  Upon request of the Fee Payer or the Fee Payer’s transferee, the Town Manager or designee shall issue a letter stating the amount of credit remaining. A request to use approved credits may be rejected in the event there is uncertainty or dispute as to the ownership of a credit being claimed.

Sec. 4-7-120.  Refund of Impact Fees paid.

(a)       Impact Fees not spent or encumbered in ten (10) years refunded.  Any Impact Fees collected shall be returned to the Fee Payer or the Fee Payer’s Successor-in-Interest if the Impact Fees have not been spent or encumbered within ten (10) years from the date the Building Permit for the development was issued, along with actual interest earned on the Fees. Fees shall be deemed to be spent on the basis that the first Fee collected shall be the first Fee spent.

          (b)       Procedure for refund.  The refund shall be administered by the Town Manager or designee, and shall be according to the following process:

                       1.         Submission of refund application.  A Refund Application shall be submitted within one (1) year following the end of the tenth year from the date on which the Building Permit was issued. Any claim for refund not made at or before that time shall be waived. The Refund Application shall include the following information:

  1. A copy of the dated receipt issued for payment of the fee;

            b.         A copy of the Building Permit; and

  1. Evidence that the applicant is the Successor-in-Interest to the Fee Payer (if applicable).  Such evidence shall consist of a sworn statement that the applicant is the current owner of the property for which the fee is paid, and a certified copy of the current deed for the property.
  1. Determination of completeness.  Within fifteen (15) days of receipt of the Refund Application, the Town Manager or designee shall determine if it is complete.  If it is determined the application is not complete, a written statement specifying the deficiencies shall be forwarded by mail to the person submitting the application.  The Town Manager or designee shall take no further action on the Refund Application until it is deemed complete.
  1. Decision on refund application.  When it is determined the Refund Application is complete, it shall be reviewed within thirty (30) days and shall be approved if it is determined a Fee has been paid that has not been spent within the period of time permitted under this Section.  The refund shall include the Fee paid plus actual interest earned on the Fee.  At the time of payment, the applicant shall sign a sworn statement acknowledging the facts stated in the application remain true and correct as of the date of payment.

(c)       Limitations.

            1.         Expiration of Building Permit without possibility of extension.  If a Fee Payer has paid an Impact Fee required by this Article and obtained a Building Permit, and the Building Permit for which the Fee was paid later expires without the possibility of further extension, then the Fee Payer or the Fee Payer’s Successor-in-Interest shall be entitled to a refund of Impact Fees paid, without interest.  In order to be eligible to receive a refund of Impact Fees pursuant to this subsection, the Fee Payer or the Fee Payer’s Successor-in-Interest shall be required to submit an application for such refund to the Town Manager or designee within thirty (30) days after the expiration of the Building Permit for which the Impact Fee was paid.  Any claim for refund not made at or before that time shall be waived.  If a Successor-in-Interest claims a refund of Impact Fee, the Town may require written documentation that such rights have been conveyed to the claimant.  If there is uncertainty as to the person to whom the refund is to be paid, or if there are conflicting demands for such refund, the Town may interplead such funds.

            2.         No refund if project demolished, destroyed, altered, reconstructed or reconfigured.  After an Impact Fee has been paid pursuant to this Article, no refund of any part of such Fee shall be made if the development for which the Fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the development or the number of units in the development.

            Sec. 4-7-130.  Impact Fee Trust Fund.

(a)       Establishment of Trust Fund.  There is hereby established the Impact Fee Trust Fund (“Trust Fund”) for the purpose of ensuring Impact Fees collected pursuant to this Article are designated for the accommodation of Capital Facility impacts reasonably attributable to new Impact-Generating Development that paid the Impact Fees.

(b)       Establishment of Accounts.  The Trust Fund shall be divided into four (4) Accounts: a Transportation Impact Fee Account, a Drainage Impact Fee Account, a Parks Impact Fee Account, and a Public Facilities Impact Fee Account.

(c)       Deposit and management of Accounts and Trust Fund.

            1.         Managed in conformance with C.R.S. § 29-1-801, et seq.  The Impact Fee Trust Fund and each Account therein shall be maintained as an interest bearing account and shall be managed in conformance with C.R.S. § 29-1-801 et seq.         

            2.         Deposit of Impact Fees in appropriate Account in Trust Fund.  All Impact Fees collected by the Town pursuant to this Article shall be promptly deposited into the appropriate Account in the Trust Fund.

             3.         Interest earned on Trust Account monies.  Any proceeds in the Trust Fund Accounts not immediately necessary for expenditure shall be invested in an interest-bearing account. Interest earned on monies in the Accounts shall be considered part of such Account, and shall be subject to the same restrictions on use applicable to the Impact Fees deposited in such Account.

             4.         Income derived retained in Trust Fund until spent.  All income derived from these investments shall be retained in the accounts until spent pursuant to the requirements of this Article.

          5.         Expenditure of Fees.  Monies in each Trust Account shall be considered to be spent in the order collected, on a first-in, first-out basis.

          6.         Record of Trust Fund available for public inspection.  A record of the Trust Fund Accounts shall be available for public inspection in the Town Manager’s or designee’s office, during the Town’s normal business hours.

Sec. 4-7-140.  Expenditure of Impact Fees.

(a)       Expenditures limited to Capital Facilities for which Impact Fee imposed.  The monies collected from the each of the four categories of Capital Facility Impact Fees shall be used only to finance or to recoup the costs of Capital Facilities within such fee category.  For example, Transportation Impact Fees shall only be used for Transportation Capital Facilities.  Eligible costs that may be paid from revenues derived from such fees may include, without limitation, design, engineering, surveying and permitting fees and costs; alignment study and other study costs related to capital improvements; the costs of purchasing or leasing real property; construction, labor and materials costs; other capital improvement costs; and the costs of administering the capital facilities program and budget of the Town.

 (b)       No monies spent for routine maintenance, rehabilitation or operation of Capital Facilities.  No monies from the Trust Fund shall be spent for periodic or routine maintenance, rehabilitation, or operation of any Capital Facilities.

(c)       No monies spent to remedy existing deficiencies.  No monies shall be spent to remedy deficiencies in Capital Facilities existing on the effective date of the Ordinance enacting this Article.

(d)       Annual Impact Fee Capital Facilities budget.  At least once during each fiscal year of the Town, the Town Manager or designee shall present to the Town Board of Trustees a proposed program and budget for Town Capital Facilities. This Capital Facilities program and budget shall recommend whether monies from each Impact Fee Trust Account should be spent for construction of specific Capital Facilities.  Based on this recommendation, the Town Board of Trustees shall approve an annual Capital Facilities program and budget and assign monies from the Trust Accounts for any specific Capital Facilities identified. Any monies, including any accrued interest, not assigned to specific Capital Facility projects and not expended shall be retained in the same Impact Fee Trust Account until the following fiscal year.

Sec. 4-7-150.  Benefit Areas and Expenditures.

(a)       Establishment.  Because all new Impact-Generating Development will benefit from the Capital Facilities funded by the Impact Fees, the boundaries of the area to be benefited by such Facilities are hereby determined to be the same as the Town’s boundaries, as existing from time to time. 

 (b)       Expenditures.  Impact Fees shall be used only to acquire, construct, improve or expand Capital Facilities within the Town, for Transportation Capital Facilities within or outside of the Town, and otherwise outside the Town as may be permitted by law.

Sec. 4-7-160.  Review Every Three (3) Years.

The Impact Fees described in this Article and the administrative procedures of this Article shall be reviewed at least once every three (3) years to ensure that (1) the demand and cost assumptions underlying the Impact Fees are still valid; (2) the resulting Impact Fees do not exceed the actual costs of constructing Capital Facilities that are of the type for which the Impact Fees are paid and that are required to serve new Impact-Generating Development; (3) the monies collected or to be collected in each Impact Fee Trust Account have been and are expected to be spent for Capital Facilities for which the Fees were paid; and (4) the Capital Facilities for which the Impact Fees are to be used will benefit the Development paying the Impact Fees.

 Sec. 4-7-170.  Miscellaneous Provisions.

(a)       Requirements to construct improvements; other obligations.  Nothing in this Article shall restrict the Town from requiring an applicant for a Development Permit to construct reasonable Capital Facility improvements designed and intended to serve the needs of the applicant’s project, whether or not such Capital Facility improvements are of a type for which credits are available under Section 4-7-70.  The Impact Fees charged pursuant to this Article shall be in addition to any other fees, charges, tolls, or requirements applicable to development, including, by way of example and not limitation, public land dedication, fair contributions for public school sites, tap fees, and building permit fees.

(b)       Administrative costs.  The Town shall be entitled to retain not more than two percent (2%) of the Impact Fees collected as payment for the expenses of collecting the Fees and administering this Article and Impact Fees collected.  In the case of refunds of Impact Fees under Section 4-7-120, the Town shall be entitled to retain not more than an additional two percent (2%), for a total of four percent (4%) of the Impact Fee payment made, as payment for the expenses of processing the refund request.

(c)       Mistake and misrepresentation in payment of Impact Fee.  If an Impact Fee has been calculated and paid based on a mistake or misrepresentation, it shall be recalculated. Any amounts overpaid by a Fee Payer shall be refunded by the Town within thirty (30) days after the Town’s acceptance of the recalculated amount, with interest at the rate of five percent (5%) per annum since the date of such overpayment.  Any amounts underpaid by the Fee Payer shall be paid to the Town within thirty (30) days after the Town’s acceptance of the recalculated amount, with interest at the rate of five percent (5%) per annum since the date of such underpayment.  In the case of an underpayment to the Town, the Town shall not issue any additional Development Permits or other approvals for the project for which the Impact Fee was previously paid until such underpayment is corrected, and if amounts owed to the Town are not paid within such thirty (30) day period, the Town may also repeal any permits issued in reliance on the previous payment of such Impact Fee and refund such Fee to the then-current owner of the land.

(d)       Appeal of decision of Town Manager or designee.

  1. Appeal.  An appeal may be filed of any determination or decision made by the Town Manager or designee under this Article regarding: (1) the applicability of any fee to Development; (2) the amount of any such fee; (3) the availability or amount of any credit; or (4) the amount of any refund.  Such appeal shall be made to the Town Board of Trustees by filing with the Town Clerk or designee within thirty (30) days of the determination or decision for which the appeal is being filed: (1) a written notice of appeal on a form provided by the Town Clerk or designee; (2) a written explanation of why the appellant feels the determination or decision is in error; and (3) an appeal fee established by administrative rule of the Town. Additionally, any appeal concerning the amount of a fee shall be accompanied by an independent fee calculation study prepared in accordance with Section 4-7-60(c).
  1. Town Board review.  The Town Board of Trustees shall promptly fix a time and place for hearing the appeal, and shall have the Town Clerk mail notice of the hearing to the appellant at the address given in the notice of appeal.  The hearing shall be conducted at the time and place stated in the notice.  The Town Board shall consider the appeal and either affirm or modify the decision or determination of the Town Manager or designee based on the relevant standards and requirements of this Article.  The appellant shall bear the burden of proof in such appeal.  The decision of the Town Board shall be final.

(e)       Judicial action or proceeding.  Any judicial action or proceeding to attack, review, set aside or annul the adoption of the Fee Schedule established in this Article (Exhibit A), and any actions taken by the Town or any officers or designees thereof pursuant to the terms of this Article shall be governed by C.R.S. § 29-20-104.5 (7), and all other relevant laws of the state.

(f)        Administrative rules.  The Town Manager or designee may from time to time establish written administrative rules, not inconsistent with the provisions of this Article, to facilitate the implementation of this Article.

Section 3.        If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance.  The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 4.        Sections 1.N, O and P of Resolution No. 2010-06, concerning drainage fees, park fees, and street impact fees, are hereby expressly repealed.

Section 5.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

Section 6.        The repeal or modification of any provision of the Municipal Code of the Town of Keenesburg by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 21st day of February 2017.

TOWN OF KEENESBURG, COLORADO

________________________________

Danny Kipp, Mayor

ATTEST:

_________________________

Toni Pearl, Town Clerk

12/27/2016 4:49 PM [kmk] R:KeenesburgOrdinancesImpact Fees 20161227.doc

EXHIBIT A

Impact Fee Schedule

 

Single Family

Residential

Multi-Family Residential

Non-Residential

Transportation Impact

Fee

 

 

 

Drainage Impact Fee

 

 

 

Parks Impact Fee

 

 

 

Public Facilities

Impact Fee

ORDINANCE 2017-02 Adopt 2012 Building Code

ORDINANCE NO. 2017-02 

AN ORDINANCE AMENDING CHAPTER 18 OF THE KEENESBURG MUNICIPAL CODE REGARDING BUILDING REGULATIONS TO ADOPT BY REFERENCE THE FOLLOWING CODES PROMULGATED BY THE INTERNATIONAL CODE COUNCIL: THE INTERNATIONAL BUILDING CODE, 2012 EDITION; THE INTERNATIONAL RESIDENTIAL CODE, 2012 EDITION; THE INTERNATIONAL MECHANICAL CODE, 2012 EDITION; THE INTERNATIONAL FUEL GAS CODE, 2012 EDITION; THE INTERNATIONAL PLUMBING CODE, 2012 EDITION; THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION THE INTERNATIONAL EXISTING BUILDING CODE, 2012 EDITION; AND THE INTERNATIONAL ENERGY CONSERVATION CODE, 2009 EDITION.

            WHEREAS, international building and construction standards have been developed and from time to time amended and updated, as set forth in the international code series; and

            WHEREAS, it is deemed to be in the interest of the public health, safety and general welfare to adopt by reference thereto said international codes with amendments tailored to accommodate particular circumstances and requirements of the Town; and

            WHEREAS, the Town Board of Trustees, after proper notice as required by law, has held a public hearing on this ordinance providing for the adoption of said codes; and

            WHEREAS, the international codes and amendments thereto have been submitted to the Board of Trustees in writing and the Board of Trustees has determined that the international codes and amendments thereto should be adopted as herein set forth.

NOW, THEREFORE, BE IT ORDAINED by the Board OF TRUSTEES of the Town of Keenesburg, Colorado:

Section 1.        Section 18-1-20 of the Keenesburg Municipal Code is hereby repealed and reenacted to read as follows:

Sec. 18-1-20.  Adoption of codes.

(a)       Pursuant to Title 31, Article 16, Part 2, C.R.S., the codes and standards hereinafter described are hereby adopted by reference, subject to the amendments herein set forth.  The subject matter of the codes and standards adopted herein includes the regulation of the new construction, alteration and repair of all new and existing structures, along with all plumbing, mechanical and installations therein or in connection therewith.  In case of any conflict between a code adopted herein and any other specific provision of the Keenesburg Municipal Code, the specific provision of the Keenesburg Municipal Code shall prevail. 

(b)       The International Building Code, 2012 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001. Chapters 1 through 35 inclusive and Appendix Chapter I, is hereby adopted by reference as the Town of Keenesburg Building Code as if fully set out in this ordinance with the additions deletions insertions and changes as follows:

(1)       IBC Section 101.1. IBC Section 101.1 (Title) is amended by the addition of the term “Town of Keenesburg” where indicated.

(2)       IBC Section 101.4.3. IBC Section 101.4.3 (Plumbing) is amended by deletion of the last sentence.

(3)       IBC Section 101.4.5. IBC Section 101.4.5 (Fire prevention) is amended by replacing “International Fire Code” with “adopted fire code.”

(4)       IBC Section 105.1. IBC Section 105.1 (Required) is amended by replacing the words “building official” with “Town.”

(5)       IBC Section 105.2. IBC Section 105.2 (Work exempt from permit)is amended by adding the below numbered items:

  1. Above ground swimming pools accessory to an R-3 occupancy.
  1. Window replacement where the size of the opening is not changed.

(6)       IBC Section 109.6. IBC Section 109.6 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following:

The Town may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The Town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The Town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done.

The Town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.”

(7)       IBC Section 111.3. IBC Section 111.3 (Temporary occupancy) is amended by deleting the words “building official” in the first and second sentence and replacing it with “Town.”

(8)       IBC Section 113.1. IBC Section 113.1 (General) is amended by deleting the last two sentences and inserting the following:  “The members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees.”

(9)       IBC Section 113.3. IBC Section 113.3 (Qualifications) is amended by deleting the section in its entirety.

(10)     IBC Section 202. IBC Section 202 (Definitions) is amended by addition of the following:

“Sleeping Room” (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IBC Section 1208 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms.

(11)     IBC Section 1013.2. IBC Section 1013.2 (Where required) is amended by the addition of a second paragraph inserted before the exceptions as follows:

“All area wells, stair wells, window wells and light wells attached to any building that are located less than 36 inches (914.4 mm) from the nearest intended walking surface and deeper than 30 inches (762 mm) below the surrounding ground level, creating an opening greater than 24 inches (610 mm) measured perpendicular from the building, shall be protected with guardrails conforming to this section around the entire opening, or be provided with an equivalent barrier.

(12)     IBC Section 1612.3.  IBC Section 1612.3 (Establishment of flood hazard areas) is amended by the insertion of “Town of Keenesburg” where indicated in [Name of Jurisdiction] and the date of the latest flood insurance study for the Town 08/24/1981, where indicated in [Date of Issuance].

(13)     IBC Section 3109.4.  IBC Section 3109.4 (Residential swimming pools) is amended by replacing the exception with the following: “A hot tub or spa with a safety cover complying with ASTM F 1346.”

(14)     IBC Section 3401.3.  IBC Section 3401.3 (Compliance with other codes) is amended by deleting International Fire Code and inserting in its place “adopted fire code,” deleting International Private Sewage Disposal Code, and deleting ICC Electrical Code and inserting in its place “Current Code Adopted by the Colorado State Electrical Board.”

(15)     IBC Section 3412.2.  IBC Section 3412.2 (Applicability) is amended by the insertion of September 1, 2009 as the effective date of the building codes for the Town where indicated in [DATE TO BE INSERTED BY JURISDICTION].

(c)       The International Residential Code, 2012 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, Chapters 1 through 43 inclusive and Appendix Chapters G, H and M, is hereby adopted by reference as the Town of Keenesburg Residential Building Code as if fully set out in this ordinance with the additions deletions insertions and changes as follows:

(1)       IRC Section R101.1. IRC Section R101.1 (Title) is amended by the addition of the term “Town of Keenesburg” where indicated.

(2)       IRC Section R105.1. IRC Section R105.1 (Required) is amended by replacing the words “building official” with “Town.”

(3)       IRC Section R105.2. IRC Section R105.2 (Work exempt from permitis amended by adding items numbered

  1. Above ground swimming pools.
  1. Window replacement where the size of the opening is not changed.

(4)       IRC Section R108.5. IRC Section R108.5 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following:

“The Town may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The Town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The Town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done.

The Town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.”

(5)       IRC Section R109.1.5. IRC Section R109.1.5 (Other inspections) is amended by the addition of a new subsection as follows:

R109.1.5.2 Insulation Inspection. Inspection of the structure shall be made following installation of the wall, ceiling and floor insulation and exterior windows and before wall coverings are installed.

(6)       IRC Section R110.4. IRC Section R110.4 (Temporary occupancy) is amended by deleting the words “building official” in the first and second sentence and replacing it with “Town.”

(7)       IRC Section R112.1. IRC Section R112.1 (General) is amended by deleting the last three sentences and inserting the following:  “The members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees.”

(8)       IRC Section R202. IRC Section R202 (Definitions) is amended by addition of the following:

“Sleeping Room” (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IRC Sections R304 and R305 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms.”

(9)       IRC Table R301.2(1). IRC Table R301.2(1) is filled to provide the following:

Table R301.2(1)

Climatic and Geographic Design Criteria

GROUND SNOW LOAD

WIND SPEED (mph)

TOPOGRAPHIC

EFFECTS

SEISMIC DESIGN CATEGORY

SUBJECT TO DAMAGE FROM

WINTER DESIGN TEMP

ICE BARRIER UNDERLAYMENT REQUIRED

FLOOD HAZARDS

AIR FREEZING INDEX

MEAN ANNUAL TEMP

Weathering

Frost line depth

Termite

30psf

90

NO

B

Severe

30 in.

Slight to Moderate

1

NO

NSFHA

1000

45º

 

(10)     IRC Section R310.2.3.1. IRC Section R310.2.3.1 (Ladder and steps) is amended by the addition of the following exception to read as follows:  “Exception: Only one window well ladder shall be required in an unfinished basement.”

(11)     IRC Section R312.1.1. IRC Section R312.1.1 (Where required) is amended by the addition of a second paragraph as follows:

“All area wells, stair wells, window wells and light wells attached to any building that are located less than 36 inches (914 mm) from the nearest intended walking surface and deeper than 30 inches (762 mm) below the surrounding ground level, creating an opening greater than 24 inches (610 mm) measured perpendicular from the building, shall be protected with guardrails conforming to this section around the entire opening, or be provided with an equivalent barrier.

(12)     IRC Section R313. IRC Section R313 (Automatic Fire Sprinkler Systems) is amended by deleting the section in its entirety.

(13)     IRC Section R401.2. IRC Section R401.2 (Requirements) is amended by the addition of the following:

“Foundations shall be designed and the construction drawings stamped by a Colorado registered design professional.   The foundation design must be based on an engineer’s soils report.  The drawings must be noted with the engineering firm name, specific location for design and soils report number.  A site certification prepared by State of Colorado registered design professional is required for setback verification on all new Group R Division 3 occupancies.” 

(14)     IRC Section R405.1. IRC Section R405.1 (Concrete and masonry foundations) is amended with the addition of the following after the first sentence: All foundation drains shall be designed and inspected by a State of Colorado registered design professional.

(15)     IRC Section 501.3. IRC Section R501.3 (Fire Protection of Floors) is amended by deleting the section in its entirety

(16)     IRC Section M1502.4.5.2. IRC Section M1502.4.5.2 (Duct length) is amended by deleting the section in its entirety.

(17)     IRC Section G2415.12. IRC Section G2415.12 (Minimum burial depth) is amended by the addition of the following: “All plastic fuel gas piping shall be installed a minimum of 18 inches (457 mm) below grade.”

(18)     IRC Section G2415.12.1. IRC Section G2415.12.1 (Individual outside appliances) is deleted in its entirety.

(19)     IRC Section G2417.4.1. IRC Section G2417.4.1 (Test pressure) is amended by changing 3 psig to 10 psig.

(20)     IRC Section P2603.5.1. IRC Section P2603.5.1 (Sewer depth) is amended by filling in both areas where indicated to read “12 inches (305 mm).”

 (d)      The International Mechanical Code, 2012 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, Chapters 1 through 15 inclusive, is hereby adopted by reference as the Town of Keenesburg Mechanical Code as if fully set out in this ordinance with the additions, deletions, insertions and changes as follows:

(1)       IMC Section 101.1. IMC Section 101.1 (Title) is amended by the addition of the term “Town of Keenesburg” where indicated.

(2)       IMC Section 504.6.4.2. IMC Section 504.6.4.2 (Manufacturer’s instructions) is amended by deleting the section in its entirety.

(e)       The International Fuel Gas Code, 2012 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, Chapters 1 through 8 inclusive, is hereby adopted by reference as the Town of Keenesburg Fuel Gas Code as if fully set out in this ordinance with the additions, deletions, insertions and changes as follows:

(1)       IFGC Section 101.1. IFGC Section 101.1 (Title) is amended by the addition of the term “Town of Keenesburg” where indicated.

(2)       IFGC Section 404.12. IFGC Section 404.12 (Minimum burial depth) is amended by the addition of the following: “All plastic fuel gas piping shall be installed a minimum of 18 inches (457 mm) below grade.”

(3)       IFGC Section 404.12.1. IFGC Section 404.12.1 (Individual outside appliances) is deleted in its entirety.

(4)       IFGC Section 406.4.1. IFGC Section 406.4.1 (Test pressure) is amended by changing 3 psig to 10 psig.

(5)       IFGC Section 614.6.5.2. IFGC Section 614.6.5.2 (Manufacturer’s instructions) is amended by deleting the exception in its entirety.

(f)        The International Plumbing Code, 2012 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, Chapters 1 through 13 inclusive, is hereby adopted by reference as the Town of Keenesburg Plumbing Code as if fully set out in this ordinance with the additions, deletions, insertions and changes as follows:

(1)       IPC Section 101.1. IPC Section 101.1 (Title) is amended by the addition of the term “Town of Keenesburg” where indicated.

(2)       IPC Section 305.4.1. IPC Section 305.4.1 (Sewer depth) is amended by filling in both areas where indicated to read “12 inches (305 mm).”

(3)       IPC Section 903.1. IPC Section 903.1 (Roof extension) is amended by inserting “6 inches (152.4 mm)” where indicated.

(g)       The International Property Maintenance Code, 2012 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, Chapters 1 and 2 inclusive, is hereby adopted by reference as the Town of Keenesburg Property Maintenance Code as if fully set out in this ordinance with the additions, deletions, insertions and changes as follows:

(1)       IPMC Section 101.1. IPMC Section 101.1 (Title) is amended by the addition of the term “Town of Keenesburg” where indicated.

(2)       IPMC Section 103.5. IPMC Section 103.5 (Fees) is amended by deleting the section in its entirety.

(3)       IPMC Section 111.2. IPMC Section 111.2 (Membership of board) is amended by deleting the section in its entirety and inserting the following:  “The members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees.”

(4)       IPMC Section 111.2.1. IPMC Section 111.2.1 (Alternate members) is amended by deleting the section in its entirety.

(5)       IPMC Section 111.2.2. IPMC Section 111.2.2 (Chairman) is amended by deleting the section in its entirety.

(6)       IPMC Section 111.2.3. IPMC Section 111.2.3 (Disqualification of member) is amended by deleting the section in its entirety.

(7)       IPMC Section 111.2.4. IPMC Section 111.2.4 (Secretary) is amended by deleting the section in its entirety.

(8)       IPMC Section 111.2.5. IPMC Section 111.2.5 (Compensation of members) is amended by deleting the section in its entirety.

(h)       The International Existing Building Code, 2012 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, Chapters 1 through 15 inclusive, is hereby adopted by reference as the Town of Keenesburg Existing Building Code as if fully set out in this ordinance with the additions, deletions, insertions and changes as follows.

(1)       International Existing Building Code is amended by replacing all references to“International Fire Code” with “adopted fire code.”

(2)       International Existing Building Code is amended by replacing all references to “ICC Electrical Code” with “Current Code Adopted by the Colorado State Electrical Board.”

(3)       IEBC Section 101.1. IEBC Section 101.1 (Title) is amended by the addition of the term “Town of Keenesburg” where indicated.

(4)       IEBC Section 1301.1. IEBC Section 1301.1(Scope) is amended by deleting the section in its entirety and replacing it with the following: “Structures moved into or within the jurisdiction shall comply with the provision of this code for new structures.”

(i)        The International Energy Conservation Code, 2009 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, Chapters 1 through 15 inclusive, is hereby adopted by reference as the Town of Keenesburg International Energy Conservation Code as if fully set out in this ordinance with the additions, deletions, insertions and changes as follows:

(1)       International Energy Conservation Code is amended by replacing all references to “International Fire Code” with “adopted fire code.”

(2)       International Energy Conservation Code is amended by replacing all references to “ICC Electrical Code” with “Current Code Adopted by the Colorado State Electrical Board”

(3)       IECC Section 101.1. IECC Section 101.1 (Title) is amended by the addition of the term “Town of Keenesburg” where indicated.

Section 2.        If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance.  The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 3.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

Section 4.        The repeal or modification of any provision of the Municipal Code of the Town of Keenesburg by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 21st day of February, 2017

TOWN OF KEENESBURG, COLORADO 

________________________________

Danny Kipp, Mayor

ATTEST:

_________________________

Toni Pearl, Town Clerk

ORDINANCE 2017-03 Excavation Fees
ORDINANCE NO. 2017-03

AN EMERGENCY ORDINANCE AMENDING THE KEENESBURG MUNICIPAL CODE REGARDING FEES FOR EXCAVATIONS AND IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAY

            WHEREAS, Section 11-2-100 of the Keenesburg Municipal Code provides that a person desiring a permit to perform improvements in public rights-of-way shall pay a fee and deposit; and

            WHEREAS, while Section 11-2-100 includes the amount of the fee and deposit, the Board of Trustees desires to include such fee and deposit in its general fee resolution; and

            WHEREAS, the Board desires to further amend Section 11-2-100 to remove a reference to a section of the Code that no longer exists; and

WHEREAS, an emergency exists because it is in the best interest of the public health, welfare, peace and safety of the citizens of the Town to more efficiently process street cut permit requests.

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

Section 1.        Section 11-2-100 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

11-2-100         Fees.

Any person desiring a permit pursuant to this Article shall file an application therefor with the Town Clerk as set forth above and shall pay a fee of one hundred dollars ($100.00) upon filing the application and shall pay a deposit to the Town Clerk in the amount of five hundred dollars ($500.00) to ensure prompt completion and full compliance with this Article. The amount of the application fee and deposit shall be established from time to time by a resolution approved by the Board of Trustees. Upon completion satisfactory to the Town, the five-hundred-dollar deposit, or any portion thereof as determined reasonable by the Board of Trustees, shall be returned to the depositor. Such deposit may not be returned to the depositor until a reasonable time has elapsed from the initial repair to determine whether settling has occurred or whether other repairs may be needed. In the event the repairs and cleanup are not made pursuant to this Article, then the Town shall proceed to make such repairs out of the funds deposited with the Town. If the funds deposited are not sufficient to cover the expenses of repair and cleanup, then the Town may collect such additional sums due from the property owner as set forth in Section 11-1-80.

Section 2.        The Board of Trustees herewith finds, determines, and declares that this ordinance is necessary to the immediate preservation of public property, health, welfare, peace, or safety. Pursuant to C.R.S. § 31-16-105 this ordinance shall be effective upon adoption.

Section 3.        If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 4.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

INTRODUCED, READ, ADOPTED, APPROVED BY AT LEAST SIX AFFIRMATIVE VOTES, AND ORDERED PUBLISHED IN FULL this 21st day of February, 2017. 

                                                                                    TOWN OF KEENESBURG, COLORADO

                                                                                    _________________________________

                                                                                    Danny Kipp, Mayor

ATTEST:

____________________________

Toni Pearl, Town Clerk

ORDINANCE 2017-04 Impact Fees

ORDINANCE NO. 2017-04

AN ORDINANCE AMENDING CHAPTER 4 OF THE KEENESBURG MUNICIPAL CODE TO ADD A NEW ARTICLE VII REGARDING IMPACT FEES AND ENACTING RELATED PROVISIONS CONCERNING THE COLLECTION AND EXPENDITURE OF IMPACT FEES.

WHEREAS, Town staff has undertaken a review of the Town’s capital needs, and has analyzed and assessed growth and development projections and impacts for the Town, in order to determine the capital facilities needed to serve new development and the proportional costs of such facilities that may be charged to proposed development through impact fees; and

            WHEREAS, pursuant to state law, including but not limited to C.R.S. § 29-20-101 et seq., and as a condition of issuance of a development permit, the Town has the authority to impose an impact fee or other similar development charge to fund expenditures by the Town on capital facilities needed to serve new development; and

            WHEREAS, the Town Board of Trustees by this Ordinance desires to adopt a new Article VII in Chapter 4 of the Keenesburg Municipal Code to establish new development impact fees and to enact related provisions concerning the collection and expenditure of impact fees.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

Section 1.        Legislative Findings: The Board of Trustees of the Town of Keenesburg finds that:

  1. The Town is authorized by state law, including but not limited to C.R.S. § 29-20-101 et seq., to impose an impact fee or other similar development charge as a condition of the issuance of development permit, in order to fund expenditures by the Town on capital facilities needed to serve new development.
  1. The Town is experiencing new development and related population growth, and such development has placed and is projected to place an increased demand upon the Town’s regional transportation network, storm drainage system, parks, and public facilities.
  1. The protection of the health, safety, and general welfare of the citizens of the Town requires that these capital facilities be constructed, expanded or improved to accommodate and serve continuing development and growth within the Town.
  1. The taxes and other revenues generated from new development do not generate sufficient funds to provide the necessary capital facilities to accommodate and serve new development.
  1. The adoption of an equitable impact fee system consistent with the requirements of state law is one of the preferred methods of the Town for regulating land development to ensure new development pays a proportionate and fair share of the costs of the needed capital facilities, allowing the Town to make the necessary capital facility expenditures to serve new development.
  1. Town staff has undertaken a review of the Town’s capital facility needs and fee programs, developed a twenty-year capital improvements plan, and has analyzed and assessed growth and development projections and impacts for the Town, in order to determine the capital facilities needed to serve new development and the proportional costs of such facilities that may be charged to proposed development through impact fees.
  1. Telesto Solutions Incorporated has prepared a “Development Fees Study”dated March 2017, and has prepared additional materials regarding the impact fees established under this Ordinance. (Such documents and materials are collectively referred to as the “Impact Fee Study”). Based on reasonable methodologies, analyses and assumptions for determining the impacts of new development on the Town’s capital facilities, the Impact Fee Study quantifies the reasonable impacts of new development on the Town capital facilities addressed therein, and establishes an impact fee no greater than is necessary to defray the projected impacts on these capital facilities directly related to proposed new development.
  1. The Town Board of Trustees hereby confirms and establishes as Town standards the assumptions and service standards referenced and discussed in the Impact Fee Study as part of the Town’s current plans for future construction, improvement and expansion of the Town’s capital facilities that are addressed by the impact fee system adopted in this Ordinance.
  1. The impact fees charged to new development pursuant to this Ordinance are legislatively adopted, generally applicable to all development within the Town, and intended to defray the projected impacts on capital facilities caused by proposed development. The impact fees are no greater than necessary to defray the projected impacts directly related to proposed new development.
  1. This Ordinance creates a system under which impact fees shall not be used to remedy any deficiency in capital facilities existing on the effective date of this Ordinance. The impact fees paid by new development will be used to finance or defray all or a portion of the costs incurred by the Town to construct, improve or expand capital facilities to serve new development in ways that benefit the development that paid each fee within a reasonable period of time after the fee is paid.
  1. This Ordinance includes provisions to ensure that no individual landowner is required to provide any site-specific dedication or improvement to meet the same need for capital facilities for which the impact fees are imposed.
  1. The development impact fees collected pursuant to this Ordinance will be used solely for the capital facility needs for which the fees are charged.

Section 2.        Chapter 4 of the Keenesburg Municipal Code is hereby amended by the addition of a new Article VII to read as follows:

CHAPTER 4

Revenue and Finance

Article VII     Development Impact Fees and Funds

Sec. 4-7-10     Short title, authority and applicability.

Sec. 4-7-20     Intent.

Sec. 4-7-30     Definitions.

Sec. 4-7-40     Development Impact Fees imposed.

Sec. 4-7-50     Exemptions.

Sec. 4-7-60     Calculation of amount of Impact Fees.

Sec. 4-7-70     Credits; general.

Sec. 4-7-80     Credits; valuation.

Sec. 4-7-90     When credits become effective.

Sec. 4-7-100   Transferability of credits.

Sec. 4-7-110   Credits; procedure.

Sec. 4-7-120   Refund of Impact Fees paid.

Sec. 4-7-130   Impact Fee Trust Fund.

Sec. 4-7-140   Expenditure of Impact Fees.

Sec. 4-7-150   Benefit areas and expenditures.

Sec. 4-7-160   Review every three (3) years.

Sec. 4-7-170   Miscellaneous provisions.

Sec. 4-7-10.      Short title, authority and applicability.

            (a)       Title. This Article shall be known and may be cited as the “Keenesburg, Colorado Impact Fee Ordinance” or “Impact Fee Ordinance.”

(b)       Authority. The Town has the authority to adopt this Article pursuant to the Town’s general police powers, Colorado Revised Statutes §§ 29-20-101 et seq., 31-23-101 et seq., and 29-1-801 et seq., and other relevant laws of the State of Colorado.

(c)       Application.This Article shall apply to all new development within the territorial limits of the Town, except as exempted pursuant to the provisions hereof. This Article shall not apply to any development for which the applicant has submitted a complete building permit application prior to the effective date of the Ordinance enacting this Article.

            Sec. 4-7-20.    Intent.

            (a)       Compliance with laws. The intent of this Article is to comply with the provisions of applicable laws concerning the imposition of impact fees, including but not limited to C.R.S. § 29-20-104.5, and the provisions of this Article shall be construed and enforced in accordance with such laws.

            (b)       Development bears proportionate share of costs of Capital Facilities. The intent of this Article is to ensure that new development bears a proportionate share of the cost of Capital Facilities, as defined herein. It is the further intent of this Article that new development pay for its fair share of the costs of such Capital Facilities through the Impact Fees imposed in this Article.

(c)       Fee no more than proportionate cost.It is the intent of this Article that the Impact Fees imposed on new development are no greater than necessary to defray the impacts directly related to proposed new development, such impact being the costs of Capital Facilities to accommodate new development.

(d)       No intent to remedy existing deficiencies.It is not the intent of this Article that Impact Fees be used to remedy any deficiency in Town Capital Facilities existing on the effective date of the Ordinance enacting this Article.

(e)       No intent to commingle funds.It is not the intent of this Article that any monies collected from any Impact Fee deposited in an Impact Fee Trust Account ever be commingled with monies from a different Trust Account, or ever be used for Capital Facilities that are different from those for which the Fee was paid, or ever be used to maintain or operate existing Capital Facilities.

            Sec. 4-7-30.    Definitions.

For the purposes of this Article, unless the context clearly requires a different meaning, the following terms shall have the following meanings:

            (a)       Building Permit. A Building Permit issued by the Chief Building Official permitting the construction of a building or structure within the Town.

(b)       Capital Facilities. Any improvement or facility that (1) is directly related to any service that the Town is authorized to provide; (2) has an estimated useful life of five years or longer; and (3) is required by general policy of the Town pursuant to a resolution or ordinance. The phrase Capital Facilities, as used in this Article, is limited to the following categories, all of which are as further defined herein and in the Impact Fee Study: roadway capital facilities, storm drainage capital facilities, parks, town hall capital facilities, and police capital facilities. No costs of vehicles or equipment are included within such Capital Facilities.

(c)       Commencement of Impact-Generating Development.Commencement of Impact-Generating Development occurs upon the approval of a rezoning, a special review use permit, a preliminary subdivision plat, a final subdivision plat, a minor subdivision plat, or the issuance of a building permit, whichever occurs first after the effective date of the Ordinance enacting this Article.

(d)       Complete Application. An application that (1) has been submitted to and received by the Town Manager; (2) contains all information and submittal materials required by the Keenesburg Municipal Code; and (3) has been determined in writing by Town staff to be complete under the applicable provisions of the Keenesburg Municipal Code.

(e)       Development.Any construction, reconstruction, expansion or conversion of a building, structure or use, or any change in the use of any land, building or structure, which creates additional demand for public services.

(f)        Development Permit.Any preliminary or final approval of an application for a rezoning, conditional or special use permit, subdivision, site plan, or similar application for new construction, expansion or redevelopment.

(g)       Fee Payer. A person commencing Impact-Generating Development who is obligated to pay an Impact Fee in accordance with the terms of this Article.

(h)       Fee Schedule or Impact Fee Schedule.The Impact Fees established by this Article. The Impact Fee Schedule is set forth as Exhibit A to this Article and incorporated herein by reference.

(i)        Impact Fees.The fees established by this Article for the following Capital Facilities: roadways (the Roadway Impact Fee), storm drainage (the Drainage Impact Fee), parks (the Parks Impact Fee), town hall capital facilities (Town Hall Impact Fee), and police capital facilities (Police Impact Fee).

(j)        Impact Fee Analysis.  The Impact Fee Study prepared by Telesto Solutions Incorporated dated March 2017, and all other additional materials prepared in connection with such analysis and this Article.

(k)       Independent Fee Calculation Study.A study prepared by a Fee Payer, calculating the cost of a Capital Facility for which an Impact Fee is imposed and which is required to serve the Fee Payer’s proposed development, which is performed on an average cost (not marginal cost) methodology, uses the service units and unit construction costs stated in the Impact Fee Study, and is performed in compliance with the criteria established in this Article.

(l)        Impact Fee Trust Fund.The trust fund established by Section 4-7-130, which includes individual accounts for the Roadway Impact Fees, the Drainage Impact Fees, the Parks Impact Fees, the Town Hall Impact Fees, and the Police Impact Fees. The Impact Fee Trust Fund is also called the Trust Fund.

(m)      Level of Service (LOS).A measure of the relationship between service capacity and service demand for Capital Facilities.

(n)       Police Capital Facilities. Police Capital Facilities includes planning, land acquisition, engineering design, construction inspection, on-site construction, off-site construction and capital facility purchases associated with a new or expanded police station and related facilities, including but not limited to additional police office space, police station parking, and other municipal capital facilities that establish or expand the capacity of a police station.

(o)       Roadway Capital Facilities. Roadway Capital Facilities consist of all existing or planned arterial roads, local streets and related improvements as outlined in the Impact Fee Study, including all engineering work, design studies, land surveys, alignment studies, permitting work, land costs and construction related to all necessary features for those roads in the Impact Fee Study, undertaken to accommodate additional traffic resulting from new Impact-Generating Development in the Town. Such features that are part of the Roadway Capital Facilities include, but are not limited to: (a) new through lanes; (b) new bridges; (c) new drainage facilities in conjunction with new road construction; (d) traffic signals, including new and upgraded signalization; (e) curbs, gutters, sidewalks, medians and shoulders in conjunction with new road construction; (f) relocation of utilities to accommodate new road construction; (g) the construction and reconstruction of intersections; (h) the widening of existing roads; (i) bus turnouts; (j) acceleration and deceleration lanes; (k) interchanges; and (l) traffic control devices. For the purposes of this Article, Site-Related Improvements shall not constitute Roadway Capital Facilities.

(p)       Site-Related Improvements.Except for arterial roads and interchanges that are Roadway Capital Facilities, those roadway improvements that provide direct access to a Development. Direct access improvements include but are not limited to the following: (a) driveways and streets leading to and from the Development; (b) right and left turn lanes leading to those driveways and streets; (c) traffic control measures for those driveways; and (d) internal streets. Credit is not provided for Site-Related Improvements under the terms of this Article.

(q)       Successor-in-Interest.A person who is conveyed a fee simple interest in land for which an Impact Fee is paid or a credit is approved pursuant to the terms of this Article.

(r)       Town Hall Capital Facilities. Town Hall Capital Facilities includes planning, land acquisition, engineering design, construction inspection, on-site construction, off-site construction and capital facility purchases associated with new or expanded town hall facilities, including but not limited to additional municipal office space, municipal office space parking, public works building and storage space, and other municipal capital facilities that expand the capacity of the town hall.

Sec. 4-7-40     Development Impact Fees imposed.

(a)       Obligation to pay and time of payment. After the effective date of the Ordinance enacting this Article, any person who causes the Commencement of Impact-Generating Development shall be obligated to pay Impact Fees pursuant to the terms of this Article. The obligation to pay Impact Fees shall run with the land. The amount of the Impact Fees shall be determined in accordance with Section 4-7-60 and paid to the Town at the time and as a condition of issuance of a Building Permit for the new Development. If any credits are due pursuant to this Article, they shall be determined at that time.

(b)       Fees Promptly Deposited into Accounts in Trust Fund. All monies paid by a Fee Payer pursuant to this Article shall be identified as Impact Fees and shall be promptly deposited in the appropriate Impact Fee Trust Accounts established in Section 4-7-130.

(c)       Extension of previously issued development permit. If the Fee Payer is applying for an extension of a Development Permit issued previously, the Impact Fees required to be paid shall be the net increase between the Impact Fees applicable at the time of the current permit extension application and any Impact Fees previously paid pursuant to this Article.

(d)       Permit for change in use, expansion, redevelopment, modification. If the Fee Payer is applying for a Building Permit to allow for a change of use or for the expansion, redevelopment, or modification of an existing Development, the Impact Fees required to be paid shall be based on the net increase in the Impact Fees for the new use as compared to the previous use.

Sec. 4-7-50.   Exemptions.

The following types of development shall be exempted from payment of Impact Fees. Any claim for exemption shall be made no later than the time when the applicant applies for the first Building Permit. Any claim for exemption not made at or before that time shall be waived. The Town Manager or designee shall determine the validity of any claim for exemption pursuant to the standards set forth below.

(a)       Replacing existing residential unit with new unit. Reconstruction, expansion, alteration or replacement of a previously existing residential unit that does not create any additional residential dwelling units.

(b)       Rebuilding after fire or catastrophe. Rebuilding the same number of dwelling units that were destroyed by fire or other catastrophe.

(c)       Accessory structures. Construction of unoccupied accessory structures related to a residential dwelling unit.

(d)       Previous payment of same amount of Impact Fees. Impact-Generating Development for which an Impact Fee was previously paid in an amount that equals or exceeds the Impact Fee that would be required by this Article.

(e)       Government. Development by the federal government, the State, or the Town.

(f)        Development for which complete application submitted prior to effective date. Development for which a complete application for a Building Permit was submitted prior to the effective date of the Ordinance enacting this Article. The decision of the Town with respect to completeness is final.

(g)       Development without greater impact. Development for which the Fee Payer can demonstrate will create no greater impact over and above that existing prior to the proposed Development.

Sec. 4-7-60.    Calculation of amount of Impact Fees.

(a)       General. Except for those electing to pay Impact Fees pursuant to subsection 4-7-60(c), the Impact Fees applicable to and payable for the Impact-Generating Development shall be as determined by the Fee Schedule set forth as Exhibit A at the end of this Article. The Impact Fee Schedule set forth in Exhibit A is based on the Impact Fee Study. It applies to all Development, and is intended to defray the projected impacts caused by proposed new Development on Capital Facilities.

(b)       Annual adjustment of fees to reflect effects of inflation. The Impact Fees shown in the Impact Fee Schedule shall be adjusted annually to reflect the effects of inflation on those costs for Capital Facilities. Commencing on January 1, 2018 and on January 1 of each following year unless and until the Fees in Exhibit A are revised or replaced by the Board of Trustees, each Impact Fee amount set forth in Exhibit A shall be adjusted for inflation, based on the annual Construction Cost Index published by Engineering News Record. Such adjustments in the Impact Fees shall become effective immediately upon calculation by the Town, and shall not require additional action by the Town Board of Trustees to be effective.

(c)       Independent fee calculation study. In lieu of calculating the amount(s) of Impact Fees by reference to the Impact Fee Schedule, a Fee Payer may request that the amount of the required Impact Fee be determined by reference to an Independent Fee Calculation Study.

  1. Preparation of Independent Fee Calculation Study. If a Fee Payer requests the use of an Independent Fee Calculation Study, the Fee Payer shall be responsible for retaining a qualified professional (as determined by the Town Manager or designee) to prepare an Independent Fee Calculation Study that complies with the requirements of this Article, at the Fee Payer’s expense.
  1. General parameters for Independent Fee Calculation Study. Each Independent Fee Calculation Study shall be based on the same standards and unit costs for the Capital Facilities that are used in the Impact Fee Analysis, and shall document the relevant methodologies and assumptions used.
  1. Procedure.
  2. An Independent Fee Calculation Study shall be undertaken through the submission of an application to the Town Manager, along with an application fee to defray the costs associated with the review of the Independent Fee Calculation Study.
  3. Within fifteen (15) days of receipt of an application for Independent Fee Calculation Study, the Town Manager or designee shall determine if the application is complete. If it is determined the application is not complete, a written statement specifying the deficiencies shall be sent by mail to the person submitting the application. The Town Manager or designee shall take no further action on the application until it is complete.
  4. When it is determined the application is complete, the application shall be reviewed by the Town Manager or designee and a written decision rendered within 30 days on whether the Impact Fees should be modified, and if so, what the amount should be, based on the standards in subsection 4-7-60(c)(4).
  1. Standards. If, on the basis of generally recognized principles of impact analysis, it is determined by the Town that the data, demand information, methodologies and assumptions used by the applicant to calculate the Impact Fees in the Independent Fee Calculation Study more accurately measures the proposed Impact-Generating Development’s impact on the appropriate Capital Facilities, the Fees determined in the Independent Fee Calculation study shall be deemed by the Town to be the Fees due and owing for the proposed Development. The Fee adjustment shall be set forth in a Fee Agreement executed prior to payment of the adjusted Fees and the issuance of the first Building Permit. If the Independent Fee Calculation Study fails to satisfy these requirements, the Fees applied shall be the Fees established in Exhibit A: Impact Fee Schedule.

            Sec. 4-7-70.    Credits; general.

(a)       Intent. No individual landowner is required to provide any site-specific dedication or improvement to meet the same need for Capital Facilities for which Impact Fees are imposed pursuant to this Article. The intent of this Section is to allow for credits whether such a site-specific dedication or improvements is required or agreed upon in connection with Impact-Generating Development. The total amount of any credit shall not exceed the amount of the Impact Fees due for the individual facility component.

(b)       Application. Any person causing the Commencement of Impact-Generating Development may apply for credit against Impact Fees otherwise due, up to but not exceeding the full obligation of Impact Fees proposed to be paid pursuant to the provisions of this Article, for any contribution, construction, or dedication of land (where appropriate) accepted by the Town for Capital Facilities. Credits against Impact Fees shall be provided only for those Capital Facilities identified in the Impact Fee Study.

(c)       Eligibility. No credit shall be awarded for land dedications not accepted by the Town, facilities not included in the Impact Fee Study, or any undertaking not approved in advance pursuant to this Section. No credits shall be awarded for any property required to be dedicated in conjunction with a Development, whether pursuant to the Keenesburg Municipal Code or public works manual, or pursuant to an annexation or other agreement affecting the Development. All credits must be processed in accordance with this Section.

(d)       Capital Facility Reimbursement Agreement. The Town may, but shall not be required to, enter into a Capital Facility Reimbursement Agreement with any person who proposes to construct Capital Facilities to the extent the fair market value of the construction of these Capital Facilities exceed the obligation to pay Impact Fees for which a credit is provided pursuant to this Article. The Capital Facility Reimbursement Agreement shall provide proportionate and fair share reimbursement linked to the Impact-Generating Development’s use of the Capital Facilities constructed.

Sec. 4-7-80     Credits; valuation.

(a)       Land dedication. Credit for land dedication, at the Fee Payer’s option, shall be valued at the fair market value of the land established by a professional appraiser acceptable to the Town in an appraisal paid for by the Fee Payer. Credits for land dedication are only available for impact fees for which the capital improvement in the Impact Fee Study included purchase of the land as part of the cost basis.

(b)       Construction. Credit for construction of Capital Facilities shall be valued by the Town based on complete engineering drawings, specifications, and construction costs estimates submitted by the Fee Payer to the Town. The Town shall determine the amount of credit due based on the information submitted or, if it determines the information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the Town Engineer or a designee.

(c)       Contributions. Contributions for Capital Facilities shall be based on the value of the contribution or payment at the time it is made to the Town.

Sec. 4-7-90.    When credits become effective.

(a)       Land dedication. Credits for land dedication shall become effective after the credit is approved pursuant to this Article, a Credit Agreement is entered into, the land has been conveyed at no cost to the Town in a form established by the Town Manager, and the dedication of land has been accepted by the Town Board of Trustees.

(b)       Construction. Credits for construction of Capital Facilities shall become effective after the credit is approved pursuant to this Article, a Credit Agreement is entered into and (a) all required construction has been completed and has been accepted by the Town; (b) a suitable maintenance and warranty improvement guarantee has been received and approved by the Town; and (c) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable Town and State requirements. Approved credits for the construction of Capital Facilities may, in the sole discretion of the Town Board of Trustees, become effective at an earlier date if the Fee Payer posts security in the form of an irrevocable letter of credit or cash escrow agreement and the amount and terms of such security are accepted by the Town Board of Trustees. At a minimum, such security must be in the amount of the approved credit or an amount determined to be adequate to allow the Town to construct the Capital Facilities for which the credit was given, whichever is higher.

(c)       Contribution. Credits for contributions for Capital Facilities shall become effective after the credit is approved pursuant to this Article, a Credit Agreement is entered into and the contribution is actually made to the Town in a form acceptable to the Town and has been accepted by the Town Board of Trustees.

Sec. 4-7-100.  Transferability of credits.

Credits shall be transferable within the same development and for the same Capital Facility for which the credit is provided, but shall not be transferable outside the development or used as credit against Impact Fees for other Capital Facilities. Credits may be transferred pursuant to these terms and conditions by any written instrument that clearly identifies which credits approved under this Article are to be transferred. The instrument shall be signed by both the transferor and transferee, and the document shall be delivered to the Town Manger or designee for registration of the change in ownership. If there are outstanding obligations under a Credit Agreement, the Town may require that the transferor or transferee, or both (as appropriate) enter into an amendment to the Credit Agreement to assure the performance of such obligations, and may require additional assurances that the transferee has the financial capability and other qualifications necessary to perform such obligations.

Sec. 4-7-110.  Credits; procedure.

(a)       Submission of application. In order to obtain a credit against Impact Fees otherwise due, the Fee Payer shall submit an offer for contribution, construction or dedication of land. The offer shall be submitted to the Town Manager or designee, and must specifically request a credit against Impact Fees.

(b)       Offer contents. The offer for credit shall include the following:

  1. Dedication of Land. If the proposed offer involves credit for the dedication of land for Capital Facilities:
  2. A drawing and legal description of the land; the Town may require an ALTA survey prepared at the Fee Payer’s expense be submitted if a credit is approved;
  3. The value of the land at the date a Building Permit is proposed to be issued for the Impact-Generating Development, prepared by a professional appraiser, and if applicable, a certified copy of the Development Permit in which the land was agreed to be dedicated.
  1. Construction. If the proposed credit involves construction of Capital Facilities:
  2. The proposed plan of the specific construction certified by a duly qualified and licensed Colorado engineer or contractor;
  3. The projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated costs shall include the costs of construction or reconstruction, the costs of all labor and materials, the costs 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;
  4. A statement under oath of the facts that qualify the Fee Payer to receive a credit.
  1. Contribution. If the proposed offer involves a credit for any contribution for Capital Facilities, the following documentation shall be provided:
  2. A certified copy of the Development Permit in which the contribution was agreed;
  3. If payment has been made, proof of payment; or
  4. If payment has not been made, the proposed method of payment.

(c)       Determination of completeness. Within fifteen (15) days of receipt of the proposed application, the Town Manager or designee shall determine if the application is complete. If it is determined that the proposed application is not complete, the Town Manager or designee shall send a written statement to the applicant outlining the deficiencies. No further action shall be taken on the application until all deficiencies have been corrected or otherwise settled.

(d)       Decision. Once the Town Manager or designee determines the offer for credit is complete, it shall be reviewed within thirty (30) days and may be approved by the Town Board of Trustees if there is compliance with the standards in this Article.

(e)       Credit Agreement. If the offer for credit is approved, a Credit Agreement shall be prepared and signed by the applicant and the Town. The Credit Agreement shall specifically outline the land dedication for Capital Facilities, construction of Capital Facilities, or contribution for Capital Facilities, the time by which it shall be dedicated, completed, or paid, and any extensions thereof, and the value (in dollars) of the credit against the Impact Fees the Fee Payer shall receive for the dedication, construction, or contribution.

(f)        Accounting of credits. Each time a request to use approved credits is presented to the Town, the Town Manager or designee shall reduce the amount of the Impact Fees, and shall note in the Town’s records and the Credit Agreement the amount of credit remaining, if any. Upon request of the Fee Payer or the Fee Payer’s transferee, the Town Manager or designee shall issue a letter stating the amount of credit remaining. A request to use approved credits may be rejected in the event there is uncertainty or dispute as to the ownership of a credit being claimed.

Sec. 4-7-120.  Refund of Impact Fees paid.

(a)       Impact Fees not spent or encumbered in twenty (20) years refunded. Any Impact Fees collected shall be returned to the Fee Payer or the Fee Payer’s Successor-in-Interest if the Impact Fees have not been spent or encumbered within twenty (20) years from the date the Building Permit for the development was issued, along with actual interest earned on the Fees. Fees shall be deemed to be spent on the basis that the first Fee collected shall be the first Fee spent. 

           (b)       Procedure for refund. The refund shall be administered by the Town Manager or designee, and shall be according to the following process:

                       1.         Submission of refund application. A Refund Application shall be submitted within one (1) year following the end of the twentieth year from the date on which the Building Permit was issued. Any claim for refund not made at or before that time shall be waived. The Refund Application shall include the following information:

  1. A copy of the dated receipt issued for payment of the fee;

            b.         A copy of the Building Permit; and

  1. Evidence that the applicant is the Successor-in-Interest to the Fee Payer, if applicable. Such evidence shall consist of a sworn statement that the applicant is the current owner of the property for which the fee is paid, and a certified copy of the current deed for the property.
  1. Determination of completeness. Within fifteen (15) days of receipt of the Refund Application, the Town Manager or designee shall determine if it is complete. If it is determined the application is not complete, a written statement specifying the deficiencies shall be forwarded by mail to the person submitting the application. The Town Manager or designee shall take no further action on the Refund Application until it is deemed complete.
  1. Decision on refund application. When it is determined the Refund Application is complete, it shall be reviewed within thirty (30) days and shall be approved if it is determined a Fee has been paid that has not been spent within the period of time permitted under this Section. The refund shall include the Fee paid plus actual interest earned on the Fee. At the time of payment, the applicant shall sign a sworn statement acknowledging the facts stated in the application remain true and correct as of the date of payment.

(c)       Limitations.

            1.         Expiration of Building Permit without possibility of extension. If a Fee Payer has paid an Impact Fee required by this Article and obtained a Building Permit, and the Building Permit for which the Fee was paid later expires without the possibility of further extension, then the Fee Payer or the Fee Payer’s Successor-in-Interest shall be entitled to a refund of Impact Fees paid, without interest. In order to be eligible to receive a refund of Impact Fees pursuant to this subsection, the Fee Payer or the Fee Payer’s Successor-in-Interest shall be required to submit an application for such refund to the Town Manager or designee within thirty (30) days after the expiration of the Building Permit for which the Impact Fee was paid. Any claim for refund not made at or before that time shall be waived. If a Successor-in-Interest claims a refund of Impact Fee, the Town may require written documentation that such rights have been conveyed to the claimant. If there is uncertainty as to the person to whom the refund is to be paid, or if there are conflicting demands for such refund, the Town may interplead such funds.

            2.         No refund if project demolished, destroyed, altered, reconstructed or reconfigured. After an Impact Fee has been paid pursuant to this Article, no refund of any part of such Fee shall be made if the development for which the Fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the development or the number of units in the development.

            Sec. 4-7-130.  Impact Fee Trust Fund.

(a)       Establishment of Trust Fund. There is hereby established the Impact Fee Trust Fund (“Trust Fund”) for the purpose of ensuring Impact Fees collected pursuant to this Article are designated for the accommodation of Capital Facility impacts reasonably attributable to new Impact-Generating Development that paid the Impact Fees.

(b)       Establishment of Accounts. The Trust Fund shall be divided into five (5) Accounts: a Roadway Impact Fee Account, a Drainage Impact Fee Account, a Parks Impact Fee Account, a Town Hall Impact Fee Account, and a Police Impact Fee Account.

(c)       Deposit and management of Accounts and Trust Fund.

            1.         Managed in conformance with C.R.S. § 29-1-801, et seq. The Impact Fee Trust Fund and each Account therein shall be maintained as an interest bearing account and shall be managed in conformance with C.R.S. § 29-1-801 et seq.

           2.         Deposit of Impact Fees in appropriate Account in Trust Fund. All Impact Fees collected by the Town pursuant to this Article shall be promptly deposited into the appropriate Account in the Trust Fund.

            3.         Interest earned on Trust Account monies. Any proceeds in the Trust Fund Accounts not immediately necessary for expenditure shall be invested in an interest-bearing account. Interest earned on monies in the Accounts shall be considered part of such Account, and shall be subject to the same restrictions on use applicable to the Impact Fees deposited in such Account.

            4.         Income derived retained in Trust Fund until spent. All income derived from these investments shall be retained in the accounts until spent pursuant to the requirements of this Article.

           5.         Expenditure of Fees. Monies in each Trust Account shall be considered to be spent in the order collected, on a first-in, first-out basis.

           6.         Record of Trust Fund available for public inspection. A record of the Trust Fund Accounts shall be available for public inspection in the Town Manager’s or designee’s office, during the Town’s normal business hours.

            Sec. 4-7-140.  Expenditure of Impact Fees.           

(a)       Expenditures limited to Capital Facilities for which Impact Fee imposed. The monies collected from the each of the four categories of Capital Facility Impact Fees shall be used only to finance or to recoup the costs of Capital Facilities within such fee category. For example, Roadway Impact Fees shall only be used for Roadway Capital Facilities. Eligible costs that may be paid from revenues derived from such fees may include, without limitation, design, engineering, surveying and permitting fees and costs; alignment study and other study costs related to capital improvements; the costs of purchasing or leasing real property; construction, labor and materials costs; other capital improvement costs; and the costs of administering the capital facilities program and budget of the Town.

(b)       No monies spent for routine maintenance, rehabilitation or operation of Capital Facilities.No monies from the Trust Fund shall be spent for periodic or routine maintenance, rehabilitation, or operation of any Capital Facilities. 

(c)       No monies spent to remedy existing deficiencies.No monies shall be spent to remedy deficiencies in Capital Facilities existing on the effective date of the Ordinance enacting this Article.

(d)       Annual Impact Fee Capital Facilities budget.At least once during each fiscal year of the Town, the Town Manager or designee shall present to the Town Board of Trustees a proposed program and budget for Town Capital Facilities. This Capital Facilities program and budget shall recommend whether monies from each Impact Fee Trust Account should be spent for construction of specific Capital Facilities. Based on this recommendation, the Town Board of Trustees shall approve an annual Capital Facilities program and budget and assign monies from the Trust Accounts for any specific Capital Facilities identified. Any monies, including any accrued interest, not assigned to specific Capital Facility projects and not expended shall be retained in the same Impact Fee Trust Account until the following fiscal year.

            Sec. 4-7-150.  Benefit Areas and Expenditures.

(a)      Establishment. Because all new Impact-Generating Development will benefit from the Capital Facilities funded by the Impact Fees, the boundaries of the area to be benefited by such Facilities are hereby determined to be the same as the Town’s boundaries, as existing from time to time.

            (b)       Expenditures. Impact Fees shall be used only to acquire, construct, improve or expand Capital Facilities within the Town, for Roadway Capital Facilities within or outside of the Town, and otherwise outside the Town as may be permitted by law.

Sec. 4-7-160.  Review Every Three (3) Years.

The Impact Fees described in this Article and the administrative procedures of this Article shall be reviewed at least once every three (3) years to ensure that (1) the demand and cost assumptions underlying the Impact Fees are still valid; (2) the resulting Impact Fees do not exceed the actual costs of constructing Capital Facilities that are of the type for which the Impact Fees are paid and that are required to serve new Impact-Generating Development; (3) the monies collected or to be collected in each Impact Fee Trust Account have been and are expected to be spent for Capital Facilities for which the Fees were paid; and (4) the Capital Facilities for which the Impact Fees are to be used will benefit the Development paying the Impact Fees.

           Sec. 4-7-170.  Miscellaneous Provisions.

(a)       Requirements to construct improvements; other obligations. Nothing in this Article shall restrict the Town from requiring an applicant for a Development Permit to construct reasonable Capital Facility improvements designed and intended to serve the needs of the applicant’s project, whether or not such Capital Facility improvements are of a type for which credits are available under Section 4-7-70. The Impact Fees charged pursuant to this Article shall be in addition to any other fees, charges, tolls, or requirements applicable to development, including, by way of example and not limitation, public land dedication, fair contributions for public school sites, tap fees, and building permit fees.

(b)       Administrative costs. The Town shall be entitled to retain not more than two percent (2%) of the Impact Fees collected as payment for the expenses of collecting the Fees and administering this Article and Impact Fees collected. In the case of refunds of Impact Fees under Section 4-7-120, the Town shall be entitled to retain not more than an additional two percent (2%), for a total of four percent (4%) of the Impact Fee payment made, as payment for the expenses of processing the refund request.

(c)       Mistake and misrepresentation in payment of Impact Fee.If an Impact Fee has been calculated and paid based on a mistake or misrepresentation, it shall be recalculated. Any amounts overpaid by a Fee Payer shall be refunded by the Town within thirty (30) days after the Town’s acceptance of the recalculated amount, with interest at the rate of five percent (5%) per annum since the date of such overpayment. Any amounts underpaid by the Fee Payer shall be paid to the Town within thirty (30) days after the Town’s acceptance of the recalculated amount, with interest at the rate of five percent (5%) per annum since the date of such underpayment. In the case of an underpayment to the Town, the Town shall not issue any additional Development Permits or other approvals for the project for which the Impact Fee was previously paid until such underpayment is corrected, and if amounts owed to the Town are not paid within such thirty (30) day period, the Town may also repeal any permits issued in reliance on the previous payment of such Impact Fee and refund such Fee to the then-current owner of the land.

(d)       Appeal of decision of Town Manager or designee.

  1. Appeal. An appeal may be filed of any determination or decision made by the Town Manager or designee under this Article regarding: (1) the applicability of any fee to Development; (2) the amount of any such fee; (3) the availability or amount of any credit; or (4) the amount of any refund. Such appeal shall be made to the Town Board of Trustees by filing with the Town Clerk or designee within thirty (30) days of the determination or decision for which the appeal is being filed: (1) a written notice of appeal on a form provided by the Town Clerk or designee; (2) a written explanation of why the appellant feels the determination or decision is in error; and (3) an appeal fee established by administrative rule of the Town Additionally, any appeal concerning the amount of a fee shall be accompanied by an independent fee calculation study prepared in accordance with Section 4-7-60(c).
  1. Town Board review. The Town Board of Trustees shall promptly fix a time and place for hearing the appeal, and shall have the Town Clerk mail notice of the hearing to the appellant at the address given in the notice of appeal. The hearing shall be conducted at the time and place stated in the notice. The Town Board shall consider the appeal and either affirm or modify the decision or determination of the Town Manager or designee based on the relevant standards and requirements of this Article. The appellant shall bear the burden of proof in such appeal. The decision of the Town Board shall be final.

(e)       Judicial action or proceeding.Any judicial action or proceeding to attack, review, set aside or annul the adoption of the Fee Schedule established in this Article (Exhibit A), and any actions taken by the Town or any officers or designees thereof pursuant to the terms of this Article shall be governed by C.R.S. § 29-20-104.5 (7), and all other relevant laws of the state.

(f)        Administrative rules. The Town Manager or designee may from time to time establish written administrative rules, not inconsistent with the provisions of this Article, to facilitate the implementation of this Article.

Section 3.        If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 4.        Sections 1.N, O and P of Resolution No. 2010-06, concerning drainage fees, park fees, and street impact fees, are hereby expressly repealed.

Section 5.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

Section 6.        The repeal or modification of any provision of the Municipal Code of the Town of Keenesburg by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 20th day of MARCH, 2017

TOWN OF KEENESBURG, COLORADO

________________________________

Danny Kipp, Mayor

ATTEST:

_________________________

Toni Pearl

Town Clerk

12/27/2016 4:49 PM [kmk] R:KeenesburgOrdinancesImpact Fees 20161227.doc

EXHIBIT A

Impact Fee Schedule

Land Use

Roadway Impact Fee

Drainage Impact Fee

Parks

Impact Fee

Town Hall Impact Fee

Police

Impact Fee

Single Family

Residential, per lot

$1,905

$0.1752

$2,215

$1,545

$195

Multi-Family

Residential, per unit

$1,430

$0.1752

$1,660

$1,660

$150

Commercial / Retail

$1,7051

$0.1752

N/A

$1,545

$8051

Office

$3,1151

$0.1752

N/A

$1,545

$3051

Warehouse

$9701

$0.1752

N/A

$1,545

$451

Industrial

$4851

$0.1752

N/A

$1,545

$1001

Institutional

$2,7501

$0.1752

N/A

$1,545

$2401

 

Footnotes:

  1. Fee calculated based on each 1,000 square feet of building area.
  1. Drainage impact fees will only be assessed in the Park and Ash Hollow Drainage Basins (see Exhibit B attached hereto) when on-site detention is not provided. Drainage impact fees for all development permits will be assessed on the basis of each square foot of impervious area.

EXHIBIT B

Drainage Impact Fee: Basins/Streets Table

Table B-1.      Drainage Impact Fee: Basins/Streets Table

Streets/Addresses Located in Park Basin

Street Name

Address Numbers

N. Cedar Street

90 through 190 N. Cedar Street

N. Pine Street

10 through 95 N. Pine Street

W. Highway 2

All addresses

S. Elm Street

All addresses

W. Gandy Avenue

All addresses

E. Gandy Avenue

65 through 70 E. Gandy Avenue

W. Crawford Avenue

All addresses

S. Cedar Street

All addresses

S. Pine Street

All addresses

W. Owen Avenue

All addresses

W. Morgan Avenue

All addresses

W. Nelson Avenue

All addresses

W. Shepard Avenue

All addresses

S. Main Street

200 through 480 S. Main Street

E. Crawford Avenue

35 through 75 E. Crawford Avenue

E. Owen Avenue

10 through 120 E. Owen Avenue

E. Morgan Avenue

60 through 120 E. Morgan Avenue

S. Ash Street

310 through 380 S. Ash Street


Streets/Addresses Located in Ash Hollow Basin

Street Name

Address Numbers

N. Cedar Street

320 through 370 N. Cedar Street

N. Market Street

All addresses

N. Ash Street

All addresses

Streets/Addresses Located in Ash Hollow Basin

Street Name

Address Numbers

N. Main Street

All addresses

N. 1st Avenue

All addresses

E. Broadway

All addresses

E. Highway 2

All addresses

E. Kiser Avenue

All addresses

E. Kipp Avenue

All addresses

Johnson Circle

All addresses

N. Johnson Street

All addresses

N. Miller Street

All addresses

N. Stewart Street

All addresses

E. Woodward Avenue

All addresses

S. Main Street

10 through 190 S. Main Street

E. Gandy Avenue

190 through 290 E. Gandy Avenue

S. Ash Street

15 through 295 S. Ash Street

S. Stewart Street

All addresses

E. Joshua Avenue

All addresses

S. Lambert Street

All addresses

E. Lambert Court

All addresses

S. Dickson Street

All addresses

Weld County Road 59

All addresses

ORDINANCE 2017-05 Water & Sewer Fees
ORDINANCE NO. 2017-05

AN ORDINANCE AMENDING TITLE 13 OF THE KEENESBURG MUNICIPAL CODE REGARDING WATER AND SEWER FEES

            WHEREAS, Town staff has undertaken a review of the capital needs for the Town’s water and sewer systems, including preparation by Telesto Solutions Incorporated of a “Development Fees Study” dated March 2017 and has analyzed and assessed growth and development projections and impacts on the same for the Town, in order to determine the capital facilities needed to serve users of these systems; and

WHEREAS, the Town Board of Trustees desires to revise the Keenesburg Municipal Code as set forth herein with regard to fees charged to new users of the Town’s water and sewer systems.

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

Section 1.        Section 13-1-530 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 13-1-530Water plant investment fee system fees.

Any applicant desiring to take and use water from the water utility of the Town shall pay to the Town, through the office of the Town Clerk, a water plant investment fee such fees for each individual service pursuant to as required by the schedule of fees prescribed by adopted by the Board of Trustees pursuant to Section 13-1-550 of this Article. Such fee fees shall be paid in full prior to the time that water is taken and used for a purpose other than for construction purposes. Said fee fees shall be in addition to all other charges described in this Article.

Section 2.        Section 13-1-540 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 13-1-540Tap and main charges.

A charge shall be made by the Town to recover the costs incurred in making a tap on the Town line pursuant to this Article and installing the meter for service, which charge charges shall be made and collected at the time the permit is issued for connecting to the Town services in cases where the Town makes the tap. Such charges shall be set forth in the Fee Schedule schedule of fees adopted pursuant to Section 13-1-550.

Section 3.        Section 13-1-550 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 13-1-550Schedule of water plant investment system fees and/or tap charges.

(a)       Plant investment Water system fees shall be charged to metered users both in the Town and out of Town and paid as set forth in the Fee Schedule a fee schedule adopted by the Board of Trustees by ordinance or resolution.

(b)       In the event a water user from the water utility of the Town shall apply for and obtain permission to increase the size of his or her tap, he or she will pay an additional water plant investment fee fees to the extent of the difference between the original tap size and the larger one tap size as prescribed by the Fee Schedule set forth in the fee schedule adopted pursuant to this Section.

(c)       The tap fee for each user desiring to make a tap in excess of five-eighths (5/8) inch shall be determined by contract between the Town and the user. The amount determined by any such contract shall not be disproportionate to the tap fees established by the foregoing section of this Article.

Section 4.        Section 13-2-60 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 13-2-60   Wastewater system plant investment fees.

Wastewater tap fees, plant investment fees and user system fees shall be as such fees are set forth in the Fee Schedule a fee schedule adopted by the Board of Trustees by ordinance or resolution.

Section 5.        The Board of Trustees herewith finds, determines, and declares that this ordinance is necessary to the immediate preservation of public property, health, welfare, peace, or safety. Pursuant to C.R.S. § 31-16-105 this ordinance shall be effective upon adoption.

      Section 6.        If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 7.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 17th day of April, 2017

TOWN OF KEENESBURG, COLORADO

____________________________________

Danny Kipp, Mayor

ATTEST:

___________________________________

Toni Pearl, Town Clerk

ORDINANCE 2017-06 Three H-K Annex 1

ORDINANCE NO. 2017-06

            AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE THREE H-K/HORTON FARMS II ANNEXATION NO. 1 TO THE TOWN OF KEENESBURG, COLORADO

            WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Three H-K/Horton Farms II Annexation No. 1, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Keenesburg; and

            WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2017 held a duly-noticed public hearing to consider the proposed annexation; and

            WHEREAS, notice of the hearing was published on March 24, March 31, April 7 and April 14, 2017 in the Greeley Tribune; and

            WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition.

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

            Section 1. The annexation to the Town of Keenesburg of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Three H-K/Horton Farms II Annexation No. 1, is hereby approved and such property is made a part of and annexed to the Town of Keenesburg.

            Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Keenesburg.

            INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 24th day of April, 2017.

                                                                                    TOWN OF KEENESBURG, COLORADO

                                                                                  ________________________________

                                                                                    Danny Kipp, Mayor

ATTEST:

_________________________

Toni Pearl, Town Clerk

EXHIBIT A – LEGAL DESCRIPTION

DESCRIPTION OF ANNEXATION NO. 1

A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 26, AND SECTION 27, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

CONSIDERING THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6 TO BEAR NORTH 89°15°03" EAST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

COMENCING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6, BEING A 4" DEPARTMENT OF TRANSPORTATION BRASS DISK IN 8" CONCRETE POST; FROM WHENCE THE CENTER 1/4 CORNER OF SAID SECTION 27 BEARS NORTH 30°28'54" WEST, A DISTANCE OF 36.75 FEET; THENCE NORTH 89°15'03" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 783.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 85°54'14" WEST, A DISTANCE OF 2366.51 FEET; THENCE NORTH 84°22'14" EAST, A DISTANCE OF 2334.12 FEET TO THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE NO. 76; THENCE COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES:

1) THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5580.00 FEET AND A CENTRAL ANGLE OF 16°35'22", WHOSE CHORD BEARS NORTH 72°32'02" EAST, A DISTANCE OF 1610.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1615.64 FEET;

2) THENCE NORTH 64°14'21" EAST, A DISTANCE OF 1745.20 FEET;

3) THNECE NORTH 56°14'21" EAST, A DISTANCE OF 610.70 FEET;

4) THENCE NORTH 33°10'51" EAST, A DISTANCE OF 96.90 FEET;

5) THENCE NORTH 64°13'03" EAST, A DISTANCE OF 132.36 FEET; THENCE SOUTH 00°49'39" EAST, A DISTANCE OF 656.87 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE NO. 76; THENCE COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING NINE (9) COURSES AND DISTANCES:

1) THENCE SOUTH 32°16'51" WEST, A DISTANCE OF 36.49 FEET;

2) THENCE NORTH 74°28'15" WEST, A DISTANCE OF 83.37 FEET;

3) THENCE NORTH 74°44'09" WEST, A DISTANCE OF 38.00 FEET;

4) THENCE SOUTH 75°20'51" WEST, A DISTANCE OF 192.21 FEET;

5) THENCE SOUTH 89°24'34" WEST, A DISTANCE OF 299.37 FEET;

6) THENCE SOUTH 01°20'53" EAST, A DISTANCE OF 75.36 FEET;

7) THENCE SOUTH 89°08'29" WEST, A DISTANCE OF 10.05 FEET;

8) THENCE SOUTH 64°14'21" WEST, A DISTANCE OF 1666.33 FEET;

9) THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5880.00 FEET AND A CENTRAL ANGLE OF 16°42'11", WHOSE CHORD BEARS SOUTH 72°35'27" WEST, A DISTANCE OF 1708.10 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1714.17 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6; THENCE SOUTH 00°44'57" EAST, A DISTANCE OF 100.00 FEET TO THE TRUE POINT OF BEGINNING.

SAID PARCEL CONTAINS 1,784,242 SQUARE FEET OR 40.961 ACRES, MORE OR LESS.

ORDINANCE 2017-07 Three H-K Annex 2

ORDINANCE NO. 2017-07

            AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE THREE H-K/HORTON FARMS II ANNEXATION NO. 2 TO THE TOWN OF KEENESBURG, COLORADO

            WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Three H-K/Horton Farms II Annexation No. 2, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Keenesburg; and

            WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2017 held a duly-noticed public hearing to consider the proposed annexation; and

            WHEREAS, notice of the hearing was published on March 24, March 31, April 7 and April 14, 2017 in the Greeley Tribune; and

            WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition.

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

            Section 1. The annexation to the Town of Keenesburg of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Three H-K/Horton Farms II Annexation No. 2, is hereby approved and such property is made a part of and annexed to the Town of Keenesburg.

            Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Keenesburg.

            INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 24th day of April, 2017.

                                                                                    TOWN OF KEENESBURG, COLORADO

                                                                                    ________________________________

                                                                                    Danny Kipp, Mayor

ATTEST:

_________________________

Toni Pearl, Town Clerk 

EXHIBIT A – LEGAL DESCRIPTION

DESCRIPTION OF ANNEXATION NO. 2

A PARCEL OF LAND LOCATED IN SECTION 27, AND SECTION 28, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

CONSIDERING THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6 TO BEAR NORTH 89°15°03" EAST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6, BEING A 4" DEPARTMENT OF TRANSPORTATION BRASS DISK IN 8" CONCRETE POST; FROM WHENCE THE CENTER 1/4 CORNER OF SAID SECTION 27 BEARS NORTH 30°28'54" WEST, A DISTANCE OF 36.75 FEET; THENCE NORTH 89°15'03" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 783.22 FEET; THENCE NORTH 85°54'14" WEST, A DISTANCE OF 2366.51 FEET; THENCE NORTH 84°22'14" EAST, A DISTANCE OF 2334.12 FEET TO THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE NO. 76; THENCE COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES:

1) THENCE SOUTH 89°17'01" WEST, A DISTANCE OF 3409.07 FEET;

2) THENCE SOUTH 89°15'50" WEST, A DISTANCE OF 2574.27 FEET;

3) THENCE SOUTH 89°15'03" WEST, A DISTANCE OF 500.70 FEET;

4) THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5520.00 FEET AND A CENTRAL ANGLE OF 08°38'01", WHOSE CHORD BEARS NORTH 86°25'57" WEST, A DISTANCE OF 830.99 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 831.78 FEET; 5) THENCE NORTH 82°06'56" WEST, A DISTANCE OF 1348.64 FEET TO THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 28; THENCE SOUTH 00°56'17" EAST, COINCIDENT WITH SAID WEST LINE, A DISTANCE OF 408.09 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6; THENCE SOUTH 82°12'57" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.35 FEET TO THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 53 AND THE NORTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. RE-4606 AS SHOWN ON THE PLAT RECORDED AUGUST 28, 2007 AS RECEPTION NO. 3500170 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE SOUTH 00°56'17" EAST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE AND THE WEST LINE OF SAID LOT B, A DISTANCE OF 95.62 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN (C.B.&Q.) RAILROAD AND THE SOUTHWEST CORNER OF SAID LOT B, BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 5850.27 FEET AND A CENTRAL ANGLE OF 13°23'32", WHOSE CHORD BEARS SOUTH 73°39'03" EAST, A DISTANCE OF 1364.31 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1367.42 FEET; THENCE SOUTH 66°57'17" EAST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 86.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT B; THENCE NORTH 23°02'43" EAST, COINCIDENT WITH THE EAST LINE OF SAID LOT B, A

DISTANCE OF 221.45 FEET; THENCE NORTH 04°03'19" EAST, COINCIDENT WITH THE EAST LINE OF SAID LOT B, A DISTANCE OF 111.16 FEET TO THE NORTHEAST CORNER OF SAID LOT B AND THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6, BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5780.00 FEET AND A CENTRAL ANGLE OF 04°26'35", WHOSE CHORD BEARS SOUTH 86°37'50" EAST, A DISTANCE OF 448.11 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF LOT A OF SAID RE-4606, A DISTANCE OF 448.22 FEET TO THE NORTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. RE-4605 AS SHOWN ON THE PLAT RECORDED AUGUST 28, 2007 AS RECEPTION NO. 3500169 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE SOUTH 00°34'31" EAST, COINCIDENT WITH THE WEST LINE OF SAID LOT B, A DISTANCE OF 104.05 FEET; THENCE SOUTH 23°02'43" WEST, COINCIDENT WITH THE WEST LINE OF SAID LOT B, A DISTANCE OF 382.11 FEET TO THE SOUTHWEST CORNER OF SAID LOT B, AND THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN (C.B.&Q.) RAILROAD; THENCE SOUTH 66°57'17" EAST, COINCIDENT THE SAID NORTH RIGHT-OF-WAY LINE AND THE SOUTH LINE OF LOTS A AND B OF SAID RE-4605, A DISTANCE OF 900.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE NORTH 00°34'31" WEST, COINCIDENT WITH THE EAST LINE OF SAID LOT A, A DISTANCE OF 813.63 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6 AND THE NORTHEAST CORNER OF SAID LOT A; THENCE NORTH 89°15'03" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 5263.71 FEET TO THE TRUE POINT OF BEGINNING.

SAID PARCEL CONTAINS 3,755,685 SQUARE FEET OR 86.219 ACRES, MORE OR LESS.

ORDINANCE 2017-08 Zoning Three H-K

ORDINANCE NO. 2017-08

AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF KEENESBURG AND KNOWN AS THE THREE H-K/HORTON FARMS II ANNEXATION NOS. 1-2

WHEREAS, a petition for annexation of certain property, known as the Three H-K/Horton Farms Annexation Nos. 1-2, was filed with the Board of Trustees of the Town of Keenesburg; and

WHEREAS, the property was annexed to the Town by ordinance; and

WHEREAS, the Board of Trustees must provide for the zoning of the property; and

WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and

WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and

WHEREAS, the landowner of the property requested the property set forth in Exhibit A be zoned Heavy Industrial District (HI); and

WHEREAS, the HI zoning classification as requested is consistent with the Town’s plan for the area encompassed by the Three H-K/Horton Farms II Annexation Nos. 1-2; and

           WHEREAS, the Keenesburg Planning and Zoning Commission has held a public hearing on the landowner’s zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

Section 1.        That certain property contained within the Three H-K/Horton Farms II Annexation Nos. 1-2 to the Town of Keenesburg, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Heavy Industrial District (HI) pursuant to the zoning ordinances of the Town, and the Town zoning map shall be amended accordingly.

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 24th day of April, 2017.

TOWN OF KEENESBURG, COLORADO

_____________________________________

Danny Kipp, Mayor


ATTEST:

______________________________

Toni Pearl, Town Clerk

4/19/2017 1:44 PM [kmk] R:KeenesburgAnnexationThree H-KZoning Ord.doc 

EXHIBIT A – LEGAL DESCRIPTION

DESCRIPTION OF ANNEXATION NO. 1

A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 26, AND SECTION 27, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

CONSIDERING THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6 TO BEAR NORTH 89°15°03" EAST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

COMENCING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6, BEING A 4" DEPARTMENT OF TRANSPORTATION BRASS DISK IN 8" CONCRETE POST; FROM WHENCE THE CENTER 1/4 CORNER OF SAID SECTION 27 BEARS NORTH 30°28'54" WEST, A DISTANCE OF 36.75 FEET; THENCE NORTH 89°15'03" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 783.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 85°54'14" WEST, A DISTANCE OF 2366.51 FEET; THENCE NORTH 84°22'14" EAST, A DISTANCE OF 2334.12 FEET TO THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE NO. 76; THENCE COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES:

1) THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5580.00 FEET AND A CENTRAL ANGLE OF 16°35'22", WHOSE CHORD BEARS NORTH 72°32'02" EAST, A DISTANCE OF 1610.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1615.64 FEET;

2) THENCE NORTH 64°14'21" EAST, A DISTANCE OF 1745.20 FEET;

3) THNECE NORTH 56°14'21" EAST, A DISTANCE OF 610.70 FEET;

4) THENCE NORTH 33°10'51" EAST, A DISTANCE OF 96.90 FEET;

5) THENCE NORTH 64°13'03" EAST, A DISTANCE OF 132.36 FEET; THENCE SOUTH 00°49'39" EAST, A DISTANCE OF 656.87 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE NO. 76; THENCE COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING NINE (9) COURSES AND DISTANCES:

1) THENCE SOUTH 32°16'51" WEST, A DISTANCE OF 36.49 FEET;

2) THENCE NORTH 74°28'15" WEST, A DISTANCE OF 83.37 FEET;

3) THENCE NORTH 74°44'09" WEST, A DISTANCE OF 38.00 FEET;

4) THENCE SOUTH 75°20'51" WEST, A DISTANCE OF 192.21 FEET;

5) THENCE SOUTH 89°24'34" WEST, A DISTANCE OF 299.37 FEET;

6) THENCE SOUTH 01°20'53" EAST, A DISTANCE OF 75.36 FEET;

7) THENCE SOUTH 89°08'29" WEST, A DISTANCE OF 10.05 FEET;

8) THENCE SOUTH 64°14'21" WEST, A DISTANCE OF 1666.33 FEET;

9) THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5880.00 FEET AND A CENTRAL ANGLE OF 16°42'11", WHOSE CHORD BEARS SOUTH 72°35'27" WEST, A DISTANCE OF 1708.10 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1714.17 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6; THENCE SOUTH 00°44'57" EAST, A DISTANCE OF 100.00 FEET TO THE TRUE POINT OF BEGINNING.

SAID PARCEL CONTAINS 1,784,242 SQUARE FEET OR 40.961 ACRES, MORE OR LESS.

DESCRIPTION OF ANNEXATION NO. 2

A PARCEL OF LAND LOCATED IN SECTION 27, AND SECTION 28, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

CONSIDERING THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6 TO BEAR NORTH 89°15°03" EAST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6, BEING A 4" DEPARTMENT OF TRANSPORTATION BRASS DISK IN 8" CONCRETE POST; FROM WHENCE THE CENTER 1/4 CORNER OF SAID SECTION 27 BEARS NORTH 30°28'54" WEST, A DISTANCE OF 36.75 FEET; THENCE NORTH 89°15'03" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 783.22 FEET; THENCE NORTH 85°54'14" WEST, A DISTANCE OF 2366.51 FEET; THENCE NORTH 84°22'14" EAST, A DISTANCE OF 2334.12 FEET TO THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE NO. 76; THENCE COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES:

1) THENCE SOUTH 89°17'01" WEST, A DISTANCE OF 3409.07 FEET;

2) THENCE SOUTH 89°15'50" WEST, A DISTANCE OF 2574.27 FEET;

3) THENCE SOUTH 89°15'03" WEST, A DISTANCE OF 500.70 FEET;

4) THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5520.00 FEET AND A CENTRAL ANGLE OF 08°38'01", WHOSE CHORD BEARS NORTH 86°25'57" WEST, A DISTANCE OF 830.99 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 831.78 FEET; 5) THENCE NORTH 82°06'56" WEST, A DISTANCE OF 1348.64 FEET TO THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 28; THENCE SOUTH 00°56'17" EAST, COINCIDENT WITH SAID WEST LINE, A DISTANCE OF 408.09 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6; THENCE SOUTH 82°12'57" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.35 FEET TO THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 53 AND THE NORTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. RE-4606 AS SHOWN ON THE PLAT RECORDED AUGUST 28, 2007 AS RECEPTION NO. 3500170 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE SOUTH 00°56'17" EAST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE AND THE WEST LINE OF SAID LOT B, A DISTANCE OF 95.62 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN (C.B.&Q.) RAILROAD AND THE SOUTHWEST CORNER OF SAID LOT B, BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 5850.27 FEET AND A CENTRAL ANGLE OF 13°23'32", WHOSE CHORD BEARS SOUTH 73°39'03" EAST, A DISTANCE OF 1364.31 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1367.42 FEET; THENCE SOUTH 66°57'17" EAST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 86.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT B; THENCE NORTH 23°02'43" EAST, COINCIDENT WITH THE EAST LINE OF SAID LOT B, A

DISTANCE OF 221.45 FEET; THENCE NORTH 04°03'19" EAST, COINCIDENT WITH THE EAST LINE OF SAID LOT B, A DISTANCE OF 111.16 FEET TO THE NORTHEAST CORNER OF SAID LOT B AND THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6, BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5780.00 FEET AND A CENTRAL ANGLE OF 04°26'35", WHOSE CHORD BEARS SOUTH 86°37'50" EAST, A DISTANCE OF 448.11 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF LOT A OF SAID RE-4606, A DISTANCE OF 448.22 FEET TO THE NORTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. RE-4605 AS SHOWN ON THE PLAT RECORDED AUGUST 28, 2007 AS RECEPTION NO. 3500169 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE SOUTH 00°34'31" EAST, COINCIDENT WITH THE WEST LINE OF SAID LOT B, A DISTANCE OF 104.05 FEET; THENCE SOUTH 23°02'43" WEST, COINCIDENT WITH THE WEST LINE OF SAID LOT B, A DISTANCE OF 382.11 FEET TO THE SOUTHWEST CORNER OF SAID LOT B, AND THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN (C.B.&Q.) RAILROAD; THENCE SOUTH 66°57'17" EAST, COINCIDENT THE SAID NORTH RIGHT-OF-WAY LINE AND THE SOUTH LINE OF LOTS A AND B OF SAID RE-4605, A DISTANCE OF 900.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE NORTH 00°34'31" WEST, COINCIDENT WITH THE EAST LINE OF SAID LOT A, A DISTANCE OF 813.63 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6 AND THE NORTHEAST CORNER OF SAID LOT A; THENCE NORTH 89°15'03" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 5263.71 FEET TO THE TRUE POINT OF BEGINNING.

SAID PARCEL CONTAINS 3,755,685 SQUARE FEET OR 86.219 ACRES, MORE OR LESS.

ORDINANCE 2017-09 Fire Code Adoption

ORDINANCE NO. 2017-09

AN ORDINANCE AMENDING CHAPTER 18 OF THE KEENESBURG MUNICIPAL CODE REGARDING BUILDING REGULATIONS TO ADOPT BY REFERENCE THE 2012 INTERNATIONAL FIRE CODE.

            WHEREAS, international fire protection standards have been developed and from time to time amended and updated, as set forth in the International Fire Code; and

            WHEREAS, it is deemed to be in the interest of the public health, safety and general welfare to adopt by reference thereto said code with amendments tailored to accommodate particular circumstances and requirements of the Town; and

            WHEREAS, the Town Board of Trustees, after proper notice as required by law, has held a public hearing on this ordinance providing for the adoption of said code; and

            WHEREAS, the International Fire Code and amendments thereto have been submitted to the Board of Trustees in writing and the Board of Trustees has determined that the International Fire Code and amendments thereto should be adopted as herein set forth.

NOW, THEREFORE, BE IT ORDAINED by the Board OF TRUSTEES of the Town of Keenesburg, Colorado:

Section 1.        Chapter 18, Article II of the Keenesburg Municipal Code is hereby repealed and reenacted to read as follows:

ARTICLE II

Fire Code

Sec. 18-2-10.  Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference the International Fire Code, 2012 Edition, published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL  60478, including all International Fire Code Appendix Chapters, for the purpose of establishing fire code standards for fire code enforcement relating to the provision of fire protection to the Town, as if fully set out in this ordinance with the additions, deletions, insertions and changes as set forth in this Article.

Sec. 18-2-20.  Enforcement.

The code and standards adopted herein shall be enforced by the Southeast Weld Fire Protection District, which shall serve as the Bureau of Fire Prevention for the Town.  Organizational structure and duties, if any, shall be as provided by the District’s bylaws.

Sec. 18-2-30.  Definitions.

 The following definitions are amended to have the following meanings:

“Administrator” means the Town Administrator of the Town of Keenesburg.

“Board” or “Board of Directors” means the Board of Directors of the Southeast Weld Fire Protection District.

“Bureau of Fire Prevention” means either the entire Fire Prevention Division or those employees, paid or volunteer, designated by the Chief to carry out enforcement duties relating to the prevention of fires and suppression of arson.

“Chief” or “Chief of the Bureau of Fire Prevention” means the Chief of the District, or a designated member of the District.

“District” means the Southeast Weld Fire Protection District.

“International Building Code” means the International Building Code as adopted, including any amendments, by the Town of Keenesburg.

“Jurisdiction” includes the territorial boundaries of the Town as they now or may hereafter exist.

“Town” means the Town of Keenesburg.

Sec. 18-2-40.  Amendments.

The 2012 International Fire Code is amended and changed in the following respects:

(1)       Section 101.1 is amended to read as follows:

101.1  Title.  These Regulations shall be known as the Fire Code of the Town of Keenesburg, hereinafter referred to as “this code.”

(2)       Section 105.6.30 is amended to read as follows:

105.6.30.  Open Burning.  An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to.

No such permit shall be required where burning is regulated pursuant to regulations promulgated under C.R.S. § 25-7-123, and regulated by the Weld County Health Department or the Town. This Section shall be interpreted to be consistent with the provisions of § 32-1-1002(3), C.R.S., and with any Town ordinance addressing open burning, now existing or hereinafter adopted.

(3)       Section 503.1.2 is amended to read as follows:

503.1.2  Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.

Additional access permit(s) for fire safety may be requested pursuant to the requirements and regulations of the Town.

(4)       Appendix A, Section A101.2 is amended by deleting the section in its entirety and replacing the section with the following:

A101.2 Membership. The membership shall consist of three voting members having qualifications established by this section. Members of the board shall be the Fire Chief, Chief Building Official, and a Fire Protection Engineering Professional.

A101.2.1 Fire Protection Engineering Professional. One member shall be a qualified engineer, technologist, technician, or safety professional trained in fire protection engineering, fire science, or fire technology.

(5)       Additional amendments and modifications:

Fire suppression system. A single- or two-family residential dwelling, as defined in Chapter 16 of the Keenesburg Municipal Code, shall not be required to have a fire suppression system, if the above-grade portion of said home is less than 3,600 square feet in area.

Road construction and driveway maintenance. Single- and two- family dwellings, as defined in Chapter 16 of the Keenesburg Municipal Code, will not require unduly burdensome road construction or driveway maintenance.

Sec. 18-2-50.  Enforcement.

The Chief shall enforce this Code in accordance with the procedures set forth in this Code and C.R.S. § 32-1-1002(3).

Sec. 18-2-60.  Penalty for violation.

(a)       It shall be unlawful for any person, firm, corporation or other entity to violate any of the provisions of this Article.

(b)       Any person, firm corporation or other entity violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and each such person, firm, corporation or entity, upon conviction of any violation of this Article, shall be punished by a fine of not more than three hundred dollars ($300.00) or be imprisoned for not more than ninety (90) days or both such fine and imprisonment for each offense.

(c)       When a violation of any section of this Article or any part of the adopted code occurs and continues for more than one (1) day, each day or portion thereof such violation occurs or continues shall constitute a separate offense.

Section 2.        If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance.  The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 3.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

Section 4.        The repeal or modification of any provision of the Municipal Code of the Town of Keenesburg by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 17th day of July, 2017

TOWN OF KEENESBURG, COLORADO

________________________________

Danny Kipp, Mayor

ATTEST:

_________________________

Toni Pearl, Town Clerk

ORDINANCE 2017-10 Chapter 7 Amendments
ORDINANCE NO. 2017-10

AN ORDINANCE AMENDING CHAPTER 7 OF THE KEENESBURG MUNICIPAL CODE REGARDING HEALTH, SANITATION AND ANIMALS

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

Section 1.        Section 7-1-30(b) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-1-30.    Refuse and rubbish accumulation prohibited.

(b)       All refuse and rubbish stored on the premises shall be stored in refuse containers and the storage area shall be kept free of loose refuse. Any refuse or rubbish that by its nature is incapable of being stored in containers shall be neatly stacked and stored. The number and size of containers for refuse and recyclable materials shall be sufficient to accommodate the accumulation of refuse and recyclable materials from the property. Containers shall be secured and placed where they are not spilled by animals, wind or other elements and screened from view of the street.

Section 2.        Section 7-1-30(c) of the Keenesburg Municipal Code is hereby repealed.

Section 3.        Section 7-1-40 of the Keenesburg Municipal Code is hereby repealed and reenacted to read as follows:

 Sec. 7-1-40     Collection and disposal of refuse and rubbish and location of trash containers.

(a)       Each occupant and owner of any premises wherein refuse and rubbish is produced or accumulated shall be jointly and severally responsible to provide for collection and removal of refuse and rubbish in compliance with the requirements of this Article to maintain the premises in a clean and orderly condition.

(b)       No trash containers of any type may be stored on any street, alley or public right-of-way, and shall be placed only on private property for storage.

(c)       No dumpsters or dumpster type waste containers having a capacity of more than 96 gallons shall be allowed in an R-1 zone district or on a property within any zone district upon which a single-family dwelling is located (an “R-1 use”), except estate zoning of one acre or more. Any existing dumpster that is in compliance with Section 7-1-40 at the time this ordinance becomes effective may remain in use subject to a permit being issued by the Town Clerk, which permit shall be renewed annually upon the property owner or occupant demonstrating continued compliance with such requirements and any conditions of the permit. Any dumpsters located in an R-1 zone or R-1 use for which the permit has expired, or for which the property owner or occupant has not demonstrated continued compliance with all requirements, shall be unlawful and shall be permanently removed by the property owner or occupant upon notice by the Town. Refuse containers shall remain covered at all times, secured and placed where they are protected from spillage by animals, wind or other elements and concealed from public view, except on collection day and then only for a maximum of twelve (12) hours before and twelve (12) hours after the scheduled time of collection.

(d)       In estate and agricultural zone districts of one acre or more, dumpsters or other waste containers must be located behind the primary structure and shall be concealed from public view except on collection day and then only for a maximum of twelve (12) hours before and twelve (12) hours after the schedule time of collection. All dumpsters must be placed on a concrete or asphalt pad.

(e)       Alley locations of dumpsters and other waste containers in all other zone districts shall be kept upon a concrete or asphalt pad. Dumpsters and other waste containers must be located behind the primary structure on the property and in the case of a corner lot shall be located behind the back line of the primary structure and shall remain covered at all times and kept in a clean and sanitary condition.

(f)        For multifamily dwellings or business premises that have no place for storage of trash containers behind the primary structure, or for multifamily dwellings or business premises where trash haulers cannot access dumpsters in the rear of the property, the property owner or lessee may apply for a permit from the Town to allow a screened front setback placement of dumpsters or other trash containers, such permit to be issued by the Town Clerk or his or her designee. This section does not apply to trash containers placed with approval of the Town in parks and on the downtown sidewalks for public use.

Section 4.        Section -1-90 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-1-90     Appliance door removal required.

It shall be unlawful for any person to keep any unused refrigerator, washer, dryer, freezer or other appliance within any accessible yard, lot, carport, residential garage or other property anywhere within the Town limits without removing the door from the appliance and ensuring that no hazard exists as a result of such appliance being on the owner's property.   Freezers or refrigerators located outside that are in use must be secured with a lock.

Section 5.        Section 7-1-100(b) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-1-100   Nuisances regarding dead, dangerous and infested trees.

(b)       Every owner or occupant of any property within the Town shall cut, trim or prune all weeds, shrubs, brush, trees and other vegetation that encroaches on the Town’s right-of-way, obstructs or interferes with a clear view of traffic signs or traffic on perpendicular streets, operation and maintenance of utility facilities or otherwise interferes with a sight distance triangle at intersections.

Section 6.        Chapter 7 of the Keenesburg Municipal Code is hereby amended by the addition of a new Section 7-1-115 to read as follows:

Sec. 7-1-115.  General Property Standards.

(a)       Exterior maintenance.

(1)       The exterior finish of all structures shall be maintained in good repair, free of defect and shall be maintained prior to a time when the finish has substantially deteriorated. The exterior finish must consist of materials commonly used and meeting industry standards of acceptable construction.

(2)       All architectural projections such as cornices, moldings, lintels, sills and similar projections shall be maintained in good repair and free of defects.

(3)       All chimneys, vents, gutters, downspouts, light fixtures, roofing or building accessories shall be structurally sound, in good repair and shall be secured to an exterior wall or roof.

(b)       Windows and doors. Windows and exterior glazing shall be sound, free from cracks and loose and broken glass, and be capable of being secured in a closed position. Doors and windows shall be maintained weather tight and rodent proof. All screening and awnings shall be maintained in good repair and free from tears, holes or other imperfections.

(c)       All fences and retaining walls shall be in good repair, be structurally sound, in an upright position, and the exterior finish in good repair and free of defect. If the fencing contains slats, all slats must be present and complete in length.

(d)       Auxiliary structures. All auxiliary structures shall be maintained in a state of good repair or removed from the site. Such structures shall include, but not be limited to, tree houses, club houses, carports, garages, and miscellaneous sheds or structures. These structures shall be constructed of materials consistent with the use of the structure and shall be structurally sound.

Section 7.        Section 7-1-120(b) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-1-120   Abatement of nuisances.

(b)       Abatement procedure.

(1)       In all cases where a nuisance is found upon any property within the Town, the Administrative Authority shall give at least twenty-four (24) hours seven (7) days written notice to the owner and occupant to remove such nuisance. In case of any nuisance in or upon any street, avenue, alley, sidewalk, highway or public grounds in the Town, the Town may abate the nuisance forthwith without notice.

(2)       Should any such nuisance not be removed or otherwise corrected within the time period stated in the notice provided, the Administrative Authority shall send a notice of abatement providing at least a seven (7) day period to submit a written request for a hearing before the hearing officer. If no such hearing is requested, the Town may order the abatement of such nuisance and may call upon such assistance as determined necessary.

(3)       Any person duly authorized by the Administrative Authority to abate any nuisance specified in this Article shall have the authority to enter upon the property may enter upon land or into any building or structure where there is probable cause that a violation exists, and with consent of the owner or occupant, a court order or warrant, or under other circumstances allowed by law and remove the condition or conditions constituting a nuisance. The Administrative Authority is authorized to engage the assistance of private contractors to enter upon the property and remove the condition or conditions and incur necessary expenses therefor.

(4)       Where, in the opinion of the Mayor or Administrative Authority, a nuisance constitutes an immediate and serious danger to the public health, safety or welfare, the Mayor Administrative Authority or designated official shall have the authority to summarily abate the nuisance without notice of any kind.

Section 8.        Section 7-2-30(1) of the Keenesburg Municipal Code is hereby repealed.

Section 9.        Section 7-6-20(a) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-6-20.    Dog license, application, fee and vaccination.

(a)       No person shall own, keep or harbor any dog which has attained the age of five (5) six (6) months, within the limits of the Town without first having obtained a license. Application for the license shall be made to the Town Clerk.

Section 10.      Section 7-6-25(a) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-6-25.    Pot-bellied pig license, application and fee.

(a)       No person shall own, keep or harbor any pot-bellied pig which has attained the age of five (5) six (6) months, within the limits of the Town, without having first obtained a license. Application for the license shall be made to the Town Clerk.

Section 11.      Section 7-6-30(d) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-6-30.    Registration and replacement tag fee.

(d)       A duplicate metal license tag may be obtained from the Town Clerk upon payment of one dollar ($1.00) if such tag is lost or destroyed. The replacement fee shall be set by resolution of the Town Board.

Section 12.      Section 7-6-40(a) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-6-40.    Dog or pot-bellied pigs running at large.

(a)       No owner, keeper, harborer or any other person who has assumed responsibility for a dog or pot-bellied pig shall permit such animal to run at large within the Town. Such animal shall be presumed to be running at large when it is neither on the premises of the owner, keeper, harborer or other responsible person, nor on a leash ten (10) feet or less in length, attached to the animal and held by or tied to a person. Such animal is also presumed to be at large when it is found at any place within the Town other than upon the premises of its owner, keeper or harborer and if it is found in any public area designated as being off limits for dogs or pot-bellied pigs, if such area has been designated by the Board of Trustees by resolution as being off limits and appropriate signs have been posted giving notice of the fact that dogs and pot-bellied pigs are not allowed.

Section 13.      Section 7-6-60 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-6-60.    Impounding and redemption.

(a)       Any Town employee authorized by the Board of Trustees Town Manager may impound any dog or pot-bellied pig found to be running at large within the Town. Any such animal so impounded shall not be released by the Town or the agency having control of the animal until the appropriate impound fee has been paid either to the agency having control of the animal or to the Town. The owner or other person having legal right to possession of the dog or pot-bellied pig impounded pursuant to this Article may redeem such animal any time while the animal is still at such impound facility by paying a redemption fee, which redemption fee will be determined by the Town Clerk. The Town Clerk shall, no less frequently than annually, prepare a schedule setting forth the fees and boarding costs which must be paid prior to redemption. Such schedule shall be available from the Town Clerk upon reasonable request.

(b)       Any dog or pot-bellied pig which has been impounded and not redeemed shall be disposed of in a humane manner by the Weld County Humane Society, or a doctor of veterinary medicine, or other agency contracted to provide this service no sooner than seventy-two (72) hours after the animal has been impounded unless disease, injury or other unforeseen circumstance requires sooner disposition.

(c)       The Animal Control Officer Any authorized Town employee shall cause a summons and complaint to be issued charging a violation of Section 7-6-40 of this Article to each person who redeems a dog or pot-bellied pig if that person or member of his or her immediate family has redeemed the same animal from the Town's impound facility within the preceding six (6) months. Nothing in this Section shall be construed to limit the authority of any police officer or authorized employee of the Town to issue a summons and complaint for any violation of this Article, including first-time violations.

(d)       The Animal Control Officer or other An authorized Town employee shall make or cause to be made a written record of all impoundments and redemptions. Any person who has had a second redemption within a six-month period of time may be charged additional redemption fees in accordance with the schedule prepared by the Town Clerk as set forth in subsection (a) above.

Section 14.      Section 7-6-70(c) and (d) of the Keenesburg Municipal Code are hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-6-70.    Rabies control.

(c)       Any animal which is found within the Town and which is suspected to be carrying rabies or parvo shall immediately be turned over to the Animal Control Officer any Town employee authorized by the Town Manager. The Animal Control Officer Any Town employee authorized by the Town Manager shall, at the owner's expense, quarantine the animal for an appropriate period of time and take such other steps as may be necessary to prevent the spread of rabies or parvo.

(d)       No person shall kill any suspected or confirmed rabid animal except upon the written consent of the Animal Control Officer a Town employee authorized by the Town Manager in defense of a human being or other animal or to prevent the escape of such suspected or confirmed rabid animal.

Section 15.      Section 7-6-80 of the Keenesburg Municipal Code is hereby repealed and reenacted to read as follows:

Sec. 7-6-80.    Nuisance animal.

(a)        Any animal exhibiting behavior set forth in this Section is hereby declared to be a nuisance animal. It shall be unlawful for any owner or custodian of an animal to allow said animal to:

(1)       Create a disturbance by loud and persistent or habitual barking, howling, yelping or other unreasonable noise; or

(2)       Cause offensive or noxious odors or exhibit any other conduct or create any other condition which disturbs the peace, safety or comfort of a neighborhood.

(b)       It shall not be a defense to a violation of this Section that the animal owner or custodian was not available to remedy such violation.

(c)        For purposes of this Section, persons shall not be deemed to have provoked, incited or caused the howling, barking or other unreasonable noise of an animal merely by the ordinary or reasonable use of private properties, public roadways, sidewalks or alleyways, or common areas of condominiums, townhouses or apartment buildings.

(d)       No summons and complaint shall be issued nor shall there be a conviction for a violation of Subsection (a)(1) above unless there are at least two (2) or more complaining witnesses from separate households who shall have signed such complaint and are willing to testify at trial.

(e)        Where a complainant presents to the employee authorized by the Town Manager at the time of the complaint other credible corroborative evidence of the alleged violation (such as a videotape), said evidence, if admissible, shall satisfy the requirement for the second complaining witness.

Section 16.      Section 7-6-110 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-6-110.  Number of animals limited.

(a)       No person shall keep or harbor more than three (3) dogs or three (3) pot-bellied pigs, or combination of dogs and pot-bellied pigs exceeding three (3), over the age of five (5) six (6) months within the Town without having first obtained legal authority to operate a veterinary facility or animal shelter.

(b)       No person shall keep or harbor any other animals, wild, domestic or exotic, or livestock, within the Town which are not specifically permitted, other than pet animals.

(c)       No person or any number of persons living at any address shall possess, own, keep or harbor more than a total of three (3) animals per address or residence.

Section 17.      Section 7-6-120(b) of the Keenesburg Municipal Code is hereby repealed.

Section 18.      Section 7-6-140 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

Sec. 7-6-140.  Prohibited animals.

It In zone districts other than estate and agricultural zoning, it is unlawful for any person to keep or harbor any animals which are not specifically permitted, other than pet animals, within the Town. The keeping of such animals within the Town is declared to be a nuisance.

Section 19.      If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 20.      All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 18th day of July, 2017

TOWN OF KEENESBURG, COLORADO 

____________________________________

Danny Kipp, Mayor

ATTEST:

___________________________________

Toni Pearl, Town Clerk

ORDINANCE 2017-11 Chapter 16 Amendments