(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) 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 t
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(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) 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.
(b) to (d) Repealed.
(3) Any schedule of impact fees or other similar development charges
adopted by a local government pursuant to this section must 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.