2-40-130 Development Exaction and Impact Fee Determinations

(b) Procedures

Prior to the issuance of any building permit for any development in Pitkin County, an applicant shall pay all required development exaction and impact fees.

1. Determination of Exemption
   • As a prerequisite to building permit issuance, any applicant who claims an exemption from development exactions and impact fees pursuant to Sec. 8-10-20 shall request a determination of exemption from the Fee Administrator. The Fee Administrator shall determine whether the applicant qualifies for an exemption based on the standards of Sec. 8-10-20.
2. Calculation of Fees
   • As a prerequisite to building permit issuance, all development not exempted from development exactions and impact fees pursuant to subsection (1) above shall be subject to development exactions and impact fees as set forth in this section. Where the payment of impact fees is required, the applicant shall pay the fee based on the standards of Chapter 8 before applying for a building permit. The Fee Administrator shall issue a calculation of fee determination that contains the total fee obligation or, as provided in Sec. 8-10-50, the Fee Administrator may seek an independent fee calculation. The Fee Administrator may issue advisory calculations of fee determinations prior to building permit application, but such issuance shall be non-binding and advisory in nature.
3. Issuing Credits
   • Upon building permit application, an application may be made to the Fee Administrator for credits against any development exactions or impact fees otherwise due. The Fee Administrator shall determine whether any credits are due pursuant to the standards of Chapter 8.
4. Management of Impact Fee Proceeds
   • All fees collected pursuant to the impact fee schedule shall be maintained and accounted for as provided in Colorado Revised Statutes Title 29, Chapter 1, Part 8 – Land Development Charges. All proceeds shall be used for the construction or acquisition of capital assets with a life span of five (5) or more years.
5. Independent Fee Calculation

• (a) Exactions Other Than Housing Impact Fee
  • Prior to building permit issuance, an applicant desiring to satisfy development exactions and impact fees through the payment of a fee may submit an independent fee calculation for review by the Fee Administrator. The Fee Administrator may also initiate an independent fee calculation as provided in Sec. 8-10-50. The Fee Administrator shall determine whether the standard fee should be modified based on the standards of Chapter 8 as they apply to that type of fee.

• (b) Housing Impact Fee
  • Except where an impact fee is associated with residential construction or land use, as an alternative to the payment of the calculated impact fee or as a demonstration that the proposed development does not create a level of impact as described or anticipated by this legislation or the studies utilized to support this legislation, a property owner or developer may submit an independent fee calculation for consideration by the Fee Administrator. The Fee Administrator shall not be obligated to adopt the independent fee calculation but shall consider the request consistent with this legislation and the studies that support it. The independent fee calculation, at a minimum, must demonstrate that the development proposed will generate fewer employees than anticipated by this legislation and its support studies. It shall not be grounds for the acceptance of an independent fee calculation based upon the property owner or developer’s belief that they will not require as many employees as assumed within this legislation or its support studies. The independent fee calculation may provide alternative data in consideration of the number of employees generated by the proposed land use, the type of land use that is sought compared to the uses contained within the impact fee schedule legislation, or the occupancy rates for employees in affordable housing units. The decision by the Fee Administrator as to whether or not to accept the independent fee calculation may be appealed to the Board of County Commissioners consistent with the appeal process pursuant to Sec. 2-20-180.