8-10 Road Impact Fees

8-10-10 PURPOSE

This provision implements and is consistent with the Pitkin County Road Management and Maintenance Plan and the 20-Year Road Improvement Plan. Traffic-generating development is required to pay its equitable share of those capital improvements. The establishment of a system for the imposition of transportation capital expansion fees is to assure that development contributes its equitable share of the cost of providing, and benefits from, the provision of road capital improvements. The technical support and analysis upon which the road fee is based is the 2000 Pitkin County Transportation Impact Fees (the support study), which is incorporated into this Land Use Code by reference.

8-10-20 EXEMPTIONS

The following types of activity or development shall be exempt from development exactions and impact fee payments. A development or activity exempted from one type of development exaction or impact fee shall still be subject to other types of development exaction or impact fees not listed in the exemption:

(a) Development Plans Approved Prior to June 10, 2000 Still Within the Statutory Vesting Period as Set Forth in Chapter 2

If statutory vesting is determined, the property in issue shall not be subject to any road impact fee.

(b) Any Property Determined by a Court of Law or the County to be Vested Under the Common Law of the State of Colorado.

The extent of any common law vesting and the applicability of the road impact fee requirements shall be made on a case-by-case basis by the County Attorney.

The redevelopment, replacement, or remodeling of a preexisting residential, commercial or tourist accommodation uses shall be exempted from development exactions and impact fee requirements for roads if they meet the following standards:
1. No Net Increase in Impacts
  - The applicant shall demonstrate that there is no net increase in any road impacts due to the redevelopment, replacement unit or remodeling.
2. Replacement and Remodeling Exemption
  - If a residential, commercial, or tourist accommodation unit is being replaced remodeled, the exemption shall be limited to the floor area of the existing unit. Any additional floor area above the floor area of the existing unit shall be subject to development exactions and impact fees for roads.

8-10-30 GENERAL ROAD FEE

Traffic-generating development generates a need for capital improvements to County roads that is required to be mitigated through the payment of road fees. The road fee schedule is based on two classes of development: residential and non-residential. If the type of traffic-generating development proposed is not specified on the fee schedule, the fee applicable shall be the most comparable type of land use on the fee schedule, or the applicant shall be required to conduct an independent fee calculation study to determine the appropriate amount pursuant to Sec. 8-10-50.

(a) Payment of Fee

Pursuant to the requirements of this section, the fee shall be paid to the Fee Administrator prior to issuance of a building permit for any portion of the development subject to the road fee.

(b) Computed Separately for Amount of Development

The fee shall be computed separately for the amount of development covered by the permit if the building permit is for less than the entire development subject to the road fee.

If the fee is paid for traffic-generating development because of a change in use, the fee shall be determined by computing the difference in the fee schedule between the proposed use and the existing use.

(d) Expansions of Area

If the fee is required to be paid for traffic-generating development because of expansion of an existing use, the fee shall be determined by computing the difference in the fee schedule between the proposed expansion and the existing use.

(e) Run with Land

The obligation to pay the fee shall run with the land.

8-10-40 ROAD FEE SCHEDULE

Any person who proposes traffic-generating development, except those exempted or conducting an independent fee calculation pursuant to Sec. 8-10-50, shall pay a transportation capital expansion fee in accordance with the following fee schedules:

TABLE 8-1: Trip Generation and Impact Fees by Residential floor Area

*The above fee schedules are administratively adjusted annually (by Code Provision) based on CPI. Click below to access the current fee schedule:

http://pitkincounty.com/DocumentCenter/Home/View/225

(Code repealed and reenacted (all sections) by Ord. No. 14-D, 2006, 07-05-08; § 8-10-40 amended Ord. 23-09, 09-23-09)

8-10-50 ANNUAL ADJUSTMENT

Beginning in 2010, at the end of each year the transportation impact fee schedule shall be adjusted to account for construction cost inflation, pursuant to the provisions of this section. On January 1 following each calendar year during which the fee schedule was not comprehensively updated based on an update of the study, an adjusted fee schedule shall become effective. The County shall make the adjusted transportation impact fee schedule publicly available. The County shall calculate adjustments to the impact fee rates by multiplying them by a ratio based on Denver-Boulder CPI-U from the preceding year.

(Code repealed and reenacted (all sections) by Ord. No. 14-D, 2006, 07-05-08; § 8-10-50 (part) amended Ord. 23-09, 09-23-09)

8-10-60 INDEPENDENT FEE CALCULATION

(a) Applicability

The fee established in this section 8-10-50 may be computed by the use of an independent fee calculation study pursuant to the procedures of this Sec. 8-10-50 if:
1. The Fee Administrator determines that the land development activity proposed is not one of the types listed on the fee schedule and is not comparable to any land use on the fee schedule; or
2. The applicant believes it can be demonstrated that the nature, timing or location of the proposed traffic-generating development make it likely that the impacts generated will cost substantially less to mitigate than the amount of the fee that would be generated by the use of the fee schedule; or
3. The proposed traffic-generating development is "transit oriented," located within one-half mile of an existing or proposed mass transit stop, and the applicant believes it can be demonstrated that the proposed development will generate fewer traffic trips than assumed by the fee schedule; or
4. The Fee Administrator determines that the nature, timing, or location of the proposed traffic-generating development make it likely that the impacts generated will cost substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule. It shall not be grounds for an independent fee calculation that the applicant believes that the applicant as an individual will not generate as many traffic trips as assumed by the fee schedules; or
5. The property is located within the Village Commercial (VC) zone district.

(b) Applicant to Prepare

The preparation of the independent fee calculation study shall be the responsibility of the applicant and shall be submitted to the Fee Administrator.

The independent fee calculation study may provide alternative data in one or both of two areas:
1. The number of average daily traffic trips generated by the land use types in the proposed development; and/or
2. The average trip length in miles on County roads.

(d) Qualifications for Study

The independent fee calculations may include independent sources, provided that:
1. The independent source is an accepted standard source of transportation engineering or planning data or information.
2. The independent source is a local study of trip characteristics carried out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering.
3. The "percent new trips" factor used in the independent fee calculation study shall be based on actual surveys conducted in Pitkin County.

(e) Standards

To qualify for an independent fee calculation, the applicant shall demonstrate that it is reasonably likely that the use of the structure (by any person(s) subject to development exactions and/or impact fees) for public roads will result in the generation of fewer traffic trips than assumed by the fee schedule. If, on the basis of generally recognized principles of impact analysis it is determined the data, information and assumptions used by the applicant to calculate the independent fee calculation study satisfies the requirements of this section, the fee determined in the independent calculation study shall be deemed the fee for the proposed traffic-generating development. The adjustment shall be set forth in a Fee Agreement.

(f) Fee Agreement

The Fee Agreement shall be in a form approved by the County Attorney and shall memorialize the fee amount to be paid pursuant to the independent fee calculation study.

8-10-70 CREDITS

(a) Prior Road Mitigation for System Improvements

Any person initiating traffic-generating development may apply for a credit against traffic fees otherwise due, for any contribution, payment, construction or dedication of land for any system improvements on a County road. No credits shall be provided for project-related improvements. Prior road mitigation for system improvements shall be credited against the road fee contained in this provision as follows:

Credit Is an Offset Against Fees Owed
- The person initiating traffic-generating development shall be required to pay the difference between the road fee required by this provision and the prior mitigation. There shall be no entitlement to any refunds for fees paid in excess of the current fee schedule.
Calculation of Credit
- Credit shall be in an amount equal to the value of the contribution or payment at the time it was made to Pitkin County, the costs of road construction at the time of its completion, or the fair market value of the land dedicated at the time of dedication. An adjustment for inflation shall then be applied to the credit at the annual CPI rate.
Apportionment of Credit
- If road mitigation for system improvements was performed for a subdivision as a whole, then any credits shall be applied as follows:
  1. The credit for the road mitigation performed shall first be applied to any existing development in the subdivision and/or planned unit development; and
  2. Any remaining credit shall be apportioned equally among the remaining undeveloped lots or parcels.

(b) No Credit If No Payment

There shall be no credit for any road mitigation required through a development approval unless the property owner, or the property owner’s predecessor in interest, actually provided the mitigation prior to July 10, 2000.