Chapter 16.110
FIRE PROTECTION SERVICES IMPACT FEES
Sections:
16.110.030 Imposition of impact fees.
16.110.050 Alternative calculation study.
16.110.060 Time for payment of impact fee.
16.110.070 Use of impact fees.
16.110.080 Credit for improvements.
16.110.090 Unpaid impact fees.
16.110.010 Purpose.
The purpose of this chapter is to:
(a) Provide a rational system for identifying and mitigating growth-related costs associated with growth and development and the expansion of fire protection services and facilities made necessary by land development activities, a growing population and economic activity levels.
(b) Ensure that the impact fees established by this chapter are based on, and do not exceed, the cost of providing additional capital improvements necessitated by new development.
(c) Assure that the impact fees implemented in this chapter are linked to a capital improvements program designed to provide the facilities and equipment for which the impact fees are imposed. [Ord. 594 § 1, 2003. Code 1999 § 17-6-1].
16.110.020 Definitions.
“Capital improvement” includes:
(1) Fire protection services planning, preliminary architectural and engineering services, architectural and engineering design studies, land surveys, land acquisition, site improvements and off-site improvements associated with new or expanded facilities used for fire protection services;
(2) Construction of buildings and facilities used for fire protection services;
(3) Purchase of fire protection apparatus and equipment, including communications equipment, with an average useful life of at least five years, necessary to adequately protect and defend new development and its inhabitants.
“Capital improvement” excludes periodic or routine maintenance of facilities and equipment, personnel costs or operational expenses.
“Developer” means a person or entity that commences a land development activity requiring additional fire protection services and development approval.
“Development approval” means the approval of any building permit for any land development activity requiring additional fire protection services following the effective date of the ordinance codified in this chapter.
“Fire protection” means the prevention and extinguishment of fire, protection of life and property from fire, enforcement of municipal, county, district, and state fire prevention codes, and related rescue services.
“Fire protection services provider” means a governmental entity providing public fire protection services.
“Fiscal impact fee study” means a study prepared by an outside engineer or consultant that mathematically calculates the fiscal impact of future demand for services on existing facilities of the Grand Fire Protection District No. 1, as approved by ordinance or resolution of the board of trustees.
“Impact fee” means a fee established as provided in this chapter that is intended to defray the projected impacts on capital facilities for fire protection services caused by proposed development within the town of Granby.
“Land development activity requiring additional fire protection services” means any activity requiring a development approval that requires additional capital improvements as identified in the guidelines adopted by resolution of the Grand Fire Protection District No. 1 board of directors and filed with the town, and as the same may be amended from time to time. [Ord. 594 § 1, 2003. Code 1999 § 17-6-2].
16.110.030 Imposition of impact fees.
Any developer who seeks a development approval for a land development activity requiring additional fire protection services, who has not already dedicated land to defer anticipated impacts of the proposed development, must pay an impact fee in the manner and amount set forth in this chapter. [Ord. 594 § 1, 2003. Code 1999 § 17-6-3].
16.110.040 Impact fee amount.
(a) The amount of any impact fee to be charged shall be set and revised from time to time by ordinance of the board of trustees, based on a fiscal impact fee study to be conducted by the applicable fire protection services provider.
(b) Pursuant to the Grand Fire Protection District No. 1 Fire Impact Fee Study, dated October 30, 2018, by Economic and Planning Systems, Inc., the impact fees are as follows:
Residential impact fee, including single-family residential, multifamily residential, residential condominium units and apartments, shall be $0.34 per square foot.
Nonresidential development including any nonresidential use such as retail, general commercial, maintenance and repair, industrial/light industrial, and for short-term lodging, long-term lodging, or any facility used for transient occupancy such as hotels, motels or cabins, shall be $1.00 per square foot until December 31, 2019. On January 1st of subsequent years from 2020 until 2023, the nonresidential impact fee shall increase by $0.10 each year. [Ord. 911 §§ 1, 2, 2019; Ord. 810 § 1, 2014; Ord. 721 § 1, 2008; Ord. 594 § 1, 2003. Code 1999 § 17-6-4].
16.110.050 Alternative calculation study.
In lieu of computation of the impact fee in accordance with the schedule adopted pursuant to GMC 16.110.040, the developer may prepare and submit, to the Grand Fire Protection District No. 1 for review and recommendation to Granby, a site-specific fiscal impact and impact fee calculation study for the development approval requested. The fiscal impact fee study submitted shall show the basis upon which the site-specific impact fee calculation was made, and such calculation shall reflect the same level of service and standards contemplated by the fiscal impact fee study. The site-specific fiscal impact and impact fee calculation study shall be prepared and presented by professionals qualified in their respective fields. The Granby town manager or his designee shall consider the documentation submitted by the developer and the recommendation of the Grand Fire Protection District No. 1, but is not required to accept such documentation or recommendation. If the Granby town manager or his designee determines that an acceptable site-specific fiscal impact and impact fee calculation study has not been presented, the developer shall pay the impact fee based upon the schedule adopted pursuant to GMC 16.110.040. Determinations made by the Granby town manager or his designee pursuant to this section may be appealed to the board of trustees by filing a written request with the town clerk within 10 days of the determination by the Granby town manager or his designee. Following the submittal of such request, the board of trustees shall hold a public hearing to determine, prior to development approval, the amount of the impact fee that shall be paid. [Ord. 594 § 1, 2003. Code 1999 § 17-6-5].
16.110.060 Time for payment of impact fee.
(a) A developer requesting approval of a land development activity requiring additional fire protection services shall pay the impact fee at or before the time a building permit is issued for such activity.
(b) The impact fee shall be paid to the Grand Fire Protection District No. 1. No building permit shall be issued by the town until the town has been provided with written proof of such payment. [Ord. 594 § 1, 2003. Code 1999 § 17-6-6].
16.110.070 Use of impact fees.
(a) The payment of such impact fee shall represent an expenditure by the town for assisting in the provision of fire protection services to new development within the town.
(b) All impact fees collected pursuant to this chapter shall be deposited by the Grand Fire Protection District No. 1 in an interest-bearing account that clearly identifies the category, account, or fund of capital expenditure for which such charge was imposed. Each such category, account, or fund shall be accounted for separately. The Grand Fire Protection District No. 1 shall determine whether the accounting requirement shall be by category, account, or fund and by aggregate or individual land development. Any interest or other income earned on moneys deposited in said interest-bearing account shall be credited to the account.
(c) Impact fees shall be used exclusively for capital improvements.
(d) No impact fees shall be used for periodic or routine maintenance, personnel costs, or operational expenses.
(e) In the event bonds or similar debt instruments are used to fund capital improvements prior to collecting the necessary impact fees, once collected, impact fees may be used to pay debt service on such bonds or similar debt instruments. Such funds may not be used to pay bonds that existed prior to August 26, 2003.
(f) Granby may enter into an intergovernmental agreement with the Grand Fire Protection District No. 1 regarding the method of collection and administration of the impact fee program. [Ord. 594 § 1, 2003. Code 1999 § 17-6-7].
16.110.080 Credit for improvements.
Upon approval by the board of trustees, the applicable fire protection service provider shall calculate the amount of any credit that shall be granted to any developer for the amounts due or to become due for capital improvements installed, purchased, and paid for by such developer when such capital improvements offset the need or amount of the impact fee that would otherwise be required. [Ord. 594 § 1, 2003. Code 1999 § 17‑6‑8].
16.110.090 Unpaid impact fees.
The board of trustees reserves the right to withhold or revoke any permits, certificates, or other approvals for any land or building for which the payment of impact fees is delinquent. [Ord. 594 § 1, 2003. Code 1999 § 17-6-9].
16.110.100 Adjustment and review of impact fees.
The amount of the impact fee shall be reviewed and adjusted as follows:
(a) The impact fee shall be adjusted annually for inflation, effective January 15th of each year. The adjustment shall be based upon the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver/Boulder, all items, all urban consumers, or its successor index, or an equivalent index applicable to Granby, as determined in the sole discretion of the Granby board of trustees.
(b) The board of trustees shall, annually, in conjunction with the presentation of Granby’s proposed budget, consider any further adjustments to the impact fee, following consultation with the Grand Fire Protection District No. 1.
(c) No less frequently than every five years, the applicable fire protection service provider shall provide an updated fiscal impact fee study. In the event no updated fiscal impact fee study is provided, the town board may suspend imposition of the impact fee until such impact fee study is provided. [Ord. 594 § 1, 2003. Code 1999 § 17-6-10].
16.110.110 Application.
The requirements of this chapter shall apply only within the jurisdiction and boundaries of the Grand Fire Protection District No. 1, to the extent such boundaries are within the limits of the town of Granby. Only applicants who submit applications for development after adoption of the impact fee will be assessed such fee. [Ord. 594 § 1, 2003. Code 1999 § 17-6-11].
16.110.120 Judicial review.
The developer may seek a declaratory judgement to determine whether the impact fee assessed complies with state law requirements for the imposition of impact fees. The board of trustees shall allow the developer, upon payment of the impact fee, to proceed with development of his or her property pursuant to the development approval while the court reviews the validity of the impact fee. [Ord. 594 § 1, 2003. Code 1999 § 17-6-12].