(1)    To establish uniform procedures for the imposition, calculation, collection, expenditure and administration of impact fees imposed on new land development;
(2)    To implement the goals, objectives and policies of the Town's Comprehensive Plan to assure that new land development contributes its fair share towards the costs of capital improvements reasonably necessitated by such new land development;
(3)    To ensure that new land development is reasonably benefited by the provision of the capital improvements provided with the proceeds of impact fees;
(4)    To ensure that all applicable legal standards and criteria are properly incorporated in these procedures; and
(5)    To ensure that all applicable procedures and requirements of Sections 29-1-801  through 29-1-804, C.R.S., and Sections 29-20-101 through 29-20-107 C.R.S., have been met.  (Ord. 487 §1, 2001)

Applicant means any person who files an application with the Town for a building permit for new land development.

Appropriation or to appropriate means an action by the Town to identify specific capital improvements for which impact fee funds may be utilized.  Appropriation shall include, but shall not necessarily be limited to:  inclusion of a capital improvement in the adopted Town budget or capital improvements program; execution of a contract or other legal encumbrance for construction of a capital improvement using impact fee funds in whole or in part; and/or actual expenditure of impact fee funds through payments made from an impact fee account.

Capital expenditure means any expenditure for an improvement, facility or equipment necessitated by new land development, which has an estimated useful life of five (5) years or longer.  Capital expenditures may be for any or all of the following:  water resources; water facilities; sewer facilities; storm drainage and flood control facilities; transportation; law enforcement, including lands, buildings and vehicles; municipal facilities, including lands and buildings; library, including lands and buildings; solid waste disposal; utilities; and parks, recreation, open space and trails; provided that the expenditures are addressed in one (1) of the categories identified in this Article.

Capital improvements expenditures includes amounts appropriated in connection with the planning, design, engineering and construction of capital improvements; planning, legal, appraisal and other costs related to the acquisition of land, financing and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to provision of the capital improvement.

Commercial or industrial use means any use or establishment not defined as a dwelling unit.

Connection means the physical tie-in of a land developer's water, effluent or sewer service to the Town's water, effluent or sewer main.

Developer means the individual, firm, corporation, partnership, association, syndication, trust or other legal entity that is responsible for creating a demand for Town facilities and capital improvements by seeking approval of a new land development.

District or impact fee district means a defined geographic area or subarea of the Town and/or its planning area within which particular capital improvements are provided and in which impact fees will be collected, appropriated and expended for capital improvements serving new land development within such area or subarea.

Dwelling unit means one (1) or more rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy or for rental or lease on a monthly or longer basis, physically separated from any other rooms or dwelling units which may be in the same structure.  Dwelling unit shall not include those units designed primarily for transient occupant purposes, nor shall they include rooms in hospitals or nursing homes.

a.    Single-family detached dwelling unit means a residential building containing not more than one (1) dwelling unit entirely surrounded by open space on the same lot.
b.    All other dwelling units means a single-family attached dwelling, a duplex or multi-family dwelling or other dwelling unit not defined as a single-family detached dwelling unit.

Governing body means the Town Board.

Impact fee means a fee adopted pursuant to Section 29-1-802, C.R.S., which is imposed on new land development on a pro rata basis in connection with and as a condition of the issuance of a building permit or land development approval and which is calculated to defray all or a portion of the costs of the capital improvements required to accommodate new land development at Town-designated level of service (LOS) standards and which reasonably benefits the new land development.  See land development charge.

Impact fee adoption and imposition.  Sections 7-9-1 through 7-9-8 establish procedures and requirements for all impact fees which may be adopted by the Town.

Impact fee district maps means the maps defining the geographical extent of the impact fee districts, if any, for each adopted impact fee, as may be necessary.

Land development means the issuance of a building permit or a connection permit for the construction, reconstruction, redevelopment or conversion of a use of land or any structural alteration, relocation or enlargement which results in an increase in the number of service units required, or the extension of a use or a new use of land which results in an increase in the number of service units.

"Land development charge (or impact fee) means a fee relating to a capital expenditure or service provided by the Town which is imposed on land development as a condition of approval of such land development as a pre-requisite to obtaining a permit (building permit) or service (connection permit).

Multiple uses means a new development consisting of both residential and nonresidential uses, or one (1) or more different types of nonresidential use, on the same site or part of the same new land development.

Municipal planning area means an area outside of the present Town limits, but in which the Town will provide public facilities and capital improvements.

Service unit means a standard unit of measurement of consumption, use, generation or discharge of a capital improvement or service provided by the Town.

Town Administrator shall include his or her designee.

Transient occupancy means occupancy by any one (1) person or group of persons for a period of less than thirty (30) days at a time.  (Ord. 487 §1, 2001)

(a)    Term.  This Section IX and the procedures established herein shall remain in effect unless and until repealed, amended or modified by the Town Board in accordance with applicable state law and this Code, ordinances and resolutions.
(b)    Annual review.

(1)    At least once every year not later than October 15 of each year, beginning October 15, 2001, and prior to the Town Board adoption of the Annual Budget and Capital Improvements Program, the Town Administrator shall coordinate the preparation and submission of an annual report to the Town Board on the subject of impact fees.
(2)    The annual report may include any or all of the following:

a.    Recommendations for amendments, if appropriate, to these procedures or to specific ordinances adopting impact fees for particular capital improvements;
b.    Proposed changes to the Comprehensive Plan or plan elements and/or an applicable capital improvements program, including the identification of additional capital improvement projects anticipated to be funded wholly or partially with impact fees;
c.    Proposed changes to the boundaries of impact fee districts, if applicable;
d.    Proposed changes to impact fee schedules as set forth in the ordinances imposing and setting impact fees for particular capital improvements;
e.    Proposed changes to level of service standards for particular categories of capital improvements;
f.    Proposed changes to any impact fee calculation methodology;
g.    Proposed changes to the population, housing, land use, persons per household or nonresidential development projections included in the impact fee report and upon which the impact fee amounts have been determined; and

h.    Other data, analysis or recommendations as the Town Administrator may deem appropriate, or as may be requested by the Town Board.

(3)    The annual report may additionally include any or all of the following on an annual basis:

a.    Number of building permits issued by type of residential or nonresidential development;
b.    Square footage (gross floor area) of nonresidential development, by type;
c.    Total amount of impact fees collected, by category of capital improvement and by land use type;
d.    The amount of expenditures made from the impact fee account or subaccounts and the purpose for which the expenditure was made; i.e., the description, type and location of the capital improvement project;
e.    When the capital improvement project was initiated and when it was (or will be) completed;
f.    Whether additional impact fee funds will be appropriated for the same project in the future;
g.    Whether supplemental nonimpact fee funds have been used for the project and, if so, how much and what percentage;
h.    The service area of the capital improvement project;
i.    The total estimated cost of the capital improvement project and the portion funded with impact fees;
j.    Whether the capital improvement project is in the Town's current annual budget or Capital Improvements Program;
k    The estimated useful life of the capital improvement project;
l.    The extent to which the capital improvement project is needed to serve new land development;
m.    The extent to which the capital improvement project is needed to maintain the existing level of service (LOS) standard; and
n.    Such other facts as may be deemed relevant by the Town Board.

(4)    Submission of impact fee annual report and Town Board action.  The Town Administrator shall submit the impact fee annual report to the Town Board, which shall receive the annual report and may take such actions as it deems appropriate, including but not limited to requesting additional data or analyses and holding public workshops and/or public hearings.

(c)    Affected area.

(1)    Impact fee district.  Impact fees shall be imposed on new land development in the Town which, for purposes hereof, may be divided into impact fee districts by the Town Board.
(2)    Municipal planning areas.  Impact fees imposed by the Town shall, if necessary and appropriate, be collected by other municipalities or by the County on new land development within the Town's municipal planning area but outside of the Town limits, pursuant to an intergovernmental agreement which provides that the impact fees collected be transferred to the appropriate Town fund for expenditure in accordance with the terms of this Section IX.
(3)    Identification.  The affected area, including impact fee districts, if applicable, shall be described and/or mapped in the particular impact fee ordinance for a category of capital improvements.
(4)    Change in boundaries of impact fee districts.  The Town Board may amend the boundaries of the impact fee districts at such times as may be deemed necessary to carry out the purposes and intent of this Section IX and applicable legal requirements for use of impact fees.  In the event of annexation of unincorporated County land by the Town, the Town Board shall consider whether such annexed area should be included in a particular impact fee district and whether new land development in such annexed area shall be subject to impact fees.

(d)    Type of land development affected.  This Section IX shall apply to all land development as herein defined and as may be further defined in the individual impact fee-setting ordinances for particular public facilities or categories of capital improvements, but excluding land developments described in Subsection (e), below.
(e)    Type of land development not affected.  This Section IX shall not apply to:

(1)    Previously issued building permits.  No impact fee shall be imposed on land development for which a building permit has been issued prior to the effective date of this Section IX, except in the event of a change of use.
(2)    Previous payment of impact fees.  Subject to the requirements of Section 7-9-4, no impact fees shall be due at a later stage of the development permit or approval process if impact fees have been paid for such category of capital improvements at an earlier stage in the development permit or approval process.
(3)    No net increase in dwelling units.  No impact fee shall be imposed on any new residential development which does not add a new dwelling unit (service unit).
(4)    No net increase in nonresidential square footage.  No impact fee shall be imposed on any new nonresidential development which does not add square footage, unless the new nonresidential development increases the demand for capital improvements (service units) for which impact fees are being imposed.
(5)    Other uses.  No impact fee shall be imposed on a use, development, project, structure, building, fence, sign or other activity, whether or not a building permit is required, which does not result in an increase in the demand for capital improvements (service units).
(6)    New land developments which are the subject of a development agreement containing provisions in conflict with these provisions, but only to the extent of the conflict or inconsistency.

(f)    Effect of payment of impact fees on other applicable Town land use, zoning, platting, subdivision or development regulations.

(1)    The payment of impact fees shall not entitle the applicant to a building permit unless all other applicable land use, zoning, planning, platting, subdivision or other related requirements, standards and conditions have been met.  Such other requirements, standards and conditions are independent of the requirement for payment of an impact fee.
(2)    Neither this Section IX nor the specific impact fee ordinances for particular categories of capital improvements shall affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements of the Town land development regulations, which shall be operative and remain in full force and effect without limitation.  (Ord. 487 §1, 2001)

(a)    In general.  An applicant shall be notified by the Town of the applicable impact fee requirements at the time of application for a building permit.  At such time, an impact fee calculation form shall be prepared and a copy shall be given to the applicant.  Impact fees shall be calculated by the Town at the time of application for a building permit and shall be paid by the applicant prior to the issuance of a building permit.
(b)    Calculation.

(1)    Upon receipt of an application for a building permit or an application for a business license, the Town shall determine:

a.    Whether it is a residential or nonresidential use;
b.    The specific category (type) of residential or nonresidential development, if applicable;
c.    If residential, the number of new dwelling units;
d.    If nonresidential, the number of new or additional square feet of gross floor area (rounded up to the nearest square foot) and the proposed use; and
e.    The impact fee district in which the new land development is located (if applicable).

(2)    Upon receipt of an application for a building permit, the Town shall determine whether it is for a change in use.  In such cases, the impact fee due shall be based only on the incremental increase in the fee for the additional service units added by the change in use.
(3)    After making these determinations, the Town shall calculate the demand for the capital improvements (service units) added by the new land development for each capital improvements category for which an impact fee is being imposed, and calculate the applicable impact fee by multiplying the demand (service units) added by the new development by the amount of the applicable impact fee per service unit, incorporating any applicable offset if set forth in the particular impact fee calculation methodology.
(4)    If the type of land use proposed for land development is not expressly listed in the particular impact fee ordinance and schedule, the Town shall:

a.    Identify the most similar land use type listed and calculate the impact fee based on that land use; or
b.    Identify the broader land use category within which the specified land use would fit and calculate the impact fee based on that land use category; or
c.    At the option of the applicant or the Town Administrator, determine the basis used to calculate the fee pursuant to an independent impact analysis of service units added.  This option shall be available only for transportation impact fees and shall be requested by the applicant on a form provided by the Town for such purpose.  If this option is chosen, the following shall apply:

1.    The applicant shall be responsible, at its sole expense, for preparing the independent impact analysis, which shall be reviewed for approval by the Town Administrator and, if appropriate, other Town staff or officials, prior to payment of the fee.
2.    The independent impact analysis shall measure the impact (in service units) that the proposed development will have on the particular category of capital improvements at issue, shall be based on the same methodologies used in the impact fee calculation methodology report, and shall be supported by professionally acceptable data and assumptions.
3.    After review of the independent impact analysis submitted by the applicant, the Town Administrator shall accept or reject the analysis and provide written notice to the applicant of his or her decision on a form provided for such purpose within thirty (30) days.  If the independent impact analysis is rejected, the written notice shall provide an explanation of the insufficiencies of the analysis.
4.    The final decision of the Town Administrator may be appealed pursuant to Section 7-9-6 herein.

(5)    An applicant may request a nonbinding estimate of impact fees due for a particular land development at any time by filing a request on a form provided for such purpose by the Town; provided, however, that such estimate may be subject to change when a formal application for a building permit for land development is made.  Such nonbinding estimate is solely for the benefit of the prospective applicant and shall in no way bind the Town nor preclude it from making amendments or revisions to any provisions of this Section IX, the specific impact fee implementing ordinances or the impact fee schedules.
(6)    The calculation of impact fees due from a multiple-use land development shall be based upon the aggregated demand (in service units) for each category of capital improvements generated by each land use type in the land development.
(7)    The calculation of impact fees due from a phased land development shall be based upon the demand (in service units) generated by each specific land use within the phase of development for which a separate building permit is requested.
(8)    Impact fees shall be calculated based on the impact fee amount in effect at the time of application for a building permit or a change in use.

(c)    Offsets.

(1)    Offsets against the amount of an impact fee due from a land development shall be provided for, among other things, contributions made or to be made in the future in cash, by dedication of land or by actual construction of all or part of a capital improvement by the affected property owner for capital improvements meeting or exceeding the demand generated by the land development, and the contribution is determined by the Town to be an acceptable substitute for the cost of capital improvements which are included in the particular impact fee calculation methodology.
(2)    The amount of the excess contribution shall be determined by the Town upon receipt of an application form requesting an offset; provided, however, that:

a.    The Town will make no reimbursement for excess contributions unless and until the particular capital improvements fund has sufficient revenue to make the reimbursement without jeopardizing the continuity of the Town's capital improvements program, and
b.    The excess contribution may not be transferred or credited to any other type of impact fees calculated to be due from that development for other types of capital improvements.

The determination of the eligibility for and the amount of the credit shall be made by the Town on a form provided for such purposes.  The discretion of the Town shall not be abused.  If the applicant contends that any aspect of the Town's decision constitutes an abuse of discretion, the applicant shall be entitled to appeal pursuant to Section 7-9-6.
(3)    No offset shall be allowed unless the Town has approved the contribution or expenditure before it is made.
(4)    Offsets for dedication of land or provision of capital improvements shall be applicable only as to impact fees imposed for the same types of capital improvements which are proposed to be dedicated or provided.  Even if the value of the dedication of land or provision of a capital improvement exceeds the impact fee due for the type of capital improvement, the excess value may not be transferred to impact fees calculated to be due from the applicant for other types of capital improvements.  Offsets may, however, be transferred to other applicants within the same development for the same type of capital improvement.

(d)    Collection.

(1)    The Town shall collect all applicable impact fees at the time of issuance of a building permit and shall issue a receipt to the applicant for such payment unless:

a.    The applicant is determined to be entitled to a full offset; or
b.    The applicant has been determined to be not subject to the payment of an impact fee; or
c.    The applicant has filed an appeal and a letter of credit, or other surety in the amount of the impact fee, as calculated by the Town and approved by the Town Attorney and Town Treasurer, has been posted with the Town.

(2)    The Town shall collect an impact fee at the time of issuance of a building permit even if impact fees were paid by the applicant at an earlier time in the development permit or approval process if the amount of the impact fees have increased since such prior approval.  Except as provided for in Section 7-9-3, the applicant shall only be liable for the difference between the impact fees paid earlier and those in effect at the time of issuance of the subsequent building permit.  (Ord. 487 §1, 2001)