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