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Impact Fee Liaison Committee Agenda and Packet 2011 02 28
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Impact Fee Liaison Committee Agenda and Packet 2011 02 28
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IFLCPKT 2011 02 28
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Michie's Legal ResourcesPage 1of 2 <br />29-20-104.5. Impact fees. <br />(1) Pursuant to the authority granted in section 29-20-104(1) (g) and as a condition of issuance of a development <br />permit, a local government may impose an impact fee or other similar development charge to fund expenditures by <br />such local government on capital facilities needed to serve new development. No impact fee or other similar <br />development charge shall be imposed except pursuant to a schedule that is: <br />(a) Legislatively adopted; <br />(b) Generally applicable to a broad class of property; and <br />(c) Intended to defray the projected impacts on capital facilities caused by proposed development. <br />(2) A local government shall quantify the reasonable impacts of proposed development on existing capital facilities and <br />establish the impact fee or development charge at a level no greater than necessary to defray such impacts directly <br />related to proposed development. No impact fee or other similar development charge shall be imposed to remedy any <br />deficiency in capital facilities that exists without regard to the proposed development. <br />(3) Any schedule of impact fees or other similar development charges adopted by a local government pursuant to this <br />section shall include provisions to ensure that no individual landowner is required to provide any site specific <br />dedication or improvement to meet the same need for capital facilities for which the impact fee or other similar <br />development charge is imposed. <br />(4) As used in this section, the term "capital facility" means any improvement or facility that: <br />(a) Is directly related to any service that a local government is authorized to provide; <br />(b) Has an estimated useful life of five years or longer; and <br />(c) Is required by the charter or general policy of a local government pursuant to a resolution or ordinance. <br />(5) Any impact fee or other similar development charge shall be collected and accounted for in accordance with part 8 <br />of article 1 of this title. Notwithstanding the provisions of this section, a local government may waive an impact fee or <br />other similar development charge on the development of low- or moderate-income housing or affordable employee <br />housing as defined by the local government. <br />(6) No impact fee or other similar development charge shall be imposed on any development permit for which the <br />applicant submitted a complete application before the adoption of a schedule of impact fees or other similar <br />development charges by the local government pursuant to this section. No impact fee or other similar development <br />charge imposed on any development activity shall be collected before the issuance of the development permit for such <br />development activity. Nothing in this section shall be construed to prohibit a local government from deferring <br />collection of an impact fee or other similar development charge until the issuance of a building permit or certificate of <br />occupancy. <br />(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 <br />enacted pursuant to this section shall, by filing an application for a development permit, have standing to file an action <br />for declaratory judgment to determine whether such schedule complies with the provisions of this section. An applicant <br />for a development permit who believes that a local government has improperly applied a schedule of fees or charges <br />adopted pursuant to this section to the development application may pay the fee or charge imposed and proceed with <br />development without prejudice to the applicant's right to challenge the fee or charge imposed under rule 106 of the <br />Colorado rules of civil procedure. If the court determines that a local government has either imposed a fee or charge on <br />a development that is not subject to the legislatively enacted schedule or improperly calculated the fee or charge due, it <br />may enter judgment in favor of the applicant for the amount of any fee or charge wrongly collected with interest <br />thereon from the date collected. <br />mhtml:file://C:\Documents and Settings\Muthm\Local Settings\Temporary Internet Files\Content.Outlook...2/24/2011 <br /> <br />
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