Littleton’s Ordinance Regarding Impact Fees – How They Have To Be Used – Does TrailMark Qualify Under Our Own Ordinance?

Follow this link to read Littleton’s Impact Fee Ordinance – 7c attachment  If you want to save some time read below.

To save you time here are the important statements in the Ordinance passed by council in 2013.

WHEREAS, the capital facility impact fee system must respect broad equal  protection concepts to ensure there is an essential nexus between the capital facility impact fee and the mitigation of specific adverse impacts associated with new development. (Page 1, line 42)

and

Purpose:  The purpose of this chapter is to charge a capital facility impact fee to applicants for nonresidential and residential development in the City to fund capital improvements needed to address demand attributable to new development for fire, museum, police, facilities, library, parks and transportation.  (Page 2, line 30)

and

The city council intends that the capital facility impact fees collected pursuant to this chapter are to be used to fund expenditures for capital facilities attributable to new development.  (page 3, line 11)

Is TrailMark a new development that has create adverse impacts on Littleton?  Are the Impact Fees recently collected and to be collected in the future and proposed to be used to build a fire station in TrailMark the result of new development?  You decide!

 

C.R.S. 29-20-104.5 Impact Fees

TITLE 29. GOVERNMENT – LOCAL  
LAND USE CONTROL AND CONSERVATION  
ARTICLE 20.LOCAL GOVERNMENT REGULATIONOF LAND USE  
PART 1. LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT
C.R.S. 29-20-104.5 (2015)
29-20-104.5. Impact fees


(1) Pursuant to the authority granted in section 29-20-104 (1) (g) and as a condition of issuance of a development permit, a local government may impose an impact fee or other similar development charge to fund expenditures by such local government on capital facilities needed to serve new development. No impact fee or other similar development charge shall be imposed except pursuant to a schedule that is:
(a) Legislatively adopted;
(b) Generally applicable to a broad class of property; and
(c) Intended to defray the projected impacts on capital facilities caused by proposed development.

(2) A local government shall quantify the reasonable impacts of proposed development on existing capital facilities and establish the impact fee or development charge at a level no greater than necessary to defray such impacts directly related to proposed development. No impact fee or other similar development charge shall be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed development.

(3) Any schedule of impact fees or other similar development charges adopted by a local government pursuant to this section shall include 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 fee or other similar development charge is imposed.

(4) As used in this section, the term “capital facility” means any improvement or facility that:
(a) Is directly related to any service that a local government is authorized to provide;
(b) Has an estimated useful life of five years or longer; and
(c) Is required by the charter or general policy of a local government pursuant to a resolution or ordinance.

(5) Any impact fee or other similar development charge shall be collected and accounted for in accordance with part 8 of article 1 of this title. Notwithstanding the provisions of this section, a local government may waive an impact fee or other similar development charge on the development of low- or moderate- income housing or affordable employee housing as defined by the local government.

(6) No impact fee or other similar development charge shall be imposed on any development permit for which the applicant submitted a complete application before the adoption of a schedule of impact fees or other similar development charges by the local government pursuant to this section. No impact fee or other similar development charge imposed on any development activity shall be collected before the issuance of the development permit for such development activity. Nothing in this section shall be construed to prohibit a local government from deferring collection of an impact fee or other similar development charge until the issuance of a building permit or certificate of occupancy.

(7) Any person or entity that owns or has an interest in land that is or becomes subject to a schedule of fees or charges enacted pursuant to this section shall, by filing an application for a development permit, have standing to file an action for declaratory judgment to determine whether such schedule complies with the provisions of this section. An applicant for a development permit who believes that a local government has improperly applied a schedule of fees or charges adopted pursuant to this section to the development application may pay the fee or charge imposed and proceed with development without prejudice to the applicant’s right to challenge the fee or charge imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that a local government has either imposed a fee or charge on a development that is not subject to the legislatively enacted schedule or improperly calculated the fee or charge due, it may enter judgment in favor of the applicant for the amount of any fee or charge wrongly collected with interest thereon from the date collected.

(8) (a) The general assembly hereby finds and declares that the matters addressed in this section are matters of statewide concern.
(b) This section shall not prohibit any local government from imposing impact fees or other similar development charges pursuant to a schedule that was legislatively adopted before October 1, 2001, so long as the local government complies with subsections (3), (5), (6), and (7) of this section. Any amendment of such schedule adopted after October 1, 2001, shall comply with all of the requirements of this section.

(9) If any provision of this section is held invalid, such invalidity shall invalidate this section in its entirety, and to this end the provisions of this section are declared to be nonseverable.
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Citizen Minutes – Regular Council Meeting 12.01.2015

Citizen Minutes                        City Council Regular Meeting                     1 December 2015

Note: There’s a lot of mention of Impact Fees and spending Impact Fees. I will post a separate post that will display the state law on Impact Fees and I will also post the city’s own Ord on Impact Fees. You should take the time to read both of these documents. They spell out why Impact Fees can be collected and how they can be spent. Once you read the documents you can decide for yourself if what the council is proposing to do is within the bounds of the state law – which does govern over our home rule because the State has determined that Impact Fees are a matter of state-wide concern.
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