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HomeMy WebLinkAboutR06-015 amending LUR's for emergency service impact fees for additional fire protection and emergnecy medical services capital improvements ~ moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006- () /.e::;- Eagle County File No. LUR-0052 / Emergency Service Provider's Impact Fees IN THE MATTER OF MfENDING THE EAGLE COUNTY LAND USE REGULATIONS, TO ESTABLISH PROCEDURES FOR IMPOSITION OF EMERGENCY SERVICE IMPACT FEES FOR LAND DEVELOPMENT ACTIVITIES THAT GENERATE AN INCREASED NEED FOR ADDITIONAL FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENTS WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board"), is authorized, pursuant to state enabling legislation including, but not limited to, C.RS. 30-28-101, et seq., to plan for and regulate the use and development ofland in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, Eagle County is experiencing high rates of population growth, increased population density and increased demand for emergency services and emergency service capital improvements as a result of land development within Eagle County; and WHEREAS, the construction of new developments within the County is placing significant additional demands on emergency services and emergency service capital improvements; and WHEREAS, the volume and pace of land development in the County threatens the provision of adequate fire protection and emergency medical services by many fire protection and emergency service providers; and WHEREAS, the demand for fire protection and emergency medical services is immediate upon development of residential and commercial growth even though the County's funding from tax revenues accrues well after the demand for services exists; and WHEREAS, the Board finds and determines that one of the primary roles of development review is to ensure essential public services and facilities, and that in order to promote and protect the convenience, order, prosperity and welfare of present and future inhabitants of Eagle County, a rational system for identifying growth-related costs incurred by fire protection and emergency medial service providers in providing new and expanded services made necessary by expanded population and economic activity levels is necessary, and a fee \\ecg\dfs\homedir\bnarracci\Emergency Providers Impact Fee LUR Amd\Emergency Service Impact Fees Combined Resolution and Exhibit 'A'. DOC structure therefore directly related to such costs and method for collection of such fees, should be adopted; and WHEREAS, the adoption of a requirement that developers of residential, non-residential and lodging developments pay emergency service impact fees as established herein will ensure that development bears a proportionate share of the cost of providing new and enhanced emergency services necessary to accommodate such new development; and WHEREAS, Sections 23-30-305 and 30-11-107, C.RS., give boards of county commissioners the discretion to cooperate with governing bodies of organized fire districts and fire departments in the management and suppression of fires, in the organization and training of rural fire fighting groups, the payment for operation and maintenance of fire fighting equipment, and in sharing the cost of managing fires; and WHEREAS, Sections 30-10-512 and 30-10-513, C.RS., require the county sheriff to assume the role of fire warden in case of prairie or forest fires and assume charge of the fire or assist other governmental authorities in such emergencies for controlling or extinguishing such fires, and allow the county commissioners to appropriate funds for the purpose of controlling fires in its county; and WHEREAS, Section 30-20-512, C.RS., gives counties the authority to create local improvement districts with the authority to provide fire protection and emergency medical services; and WHEREAS, the Local Government Land Use Control Enabling Act of 1974 ("Act"), Sections 29-20-101 et seq., C.RS., Article 28 of Title 30, C.RS., and other applicable law, grant broad authority to the County to plan for and regulate the development of land on the basis of the impacts thereof on the community and surrounding areas; and in amending the Act in 2001, the Colorado General Assembly specifically allows local governments to impose impact fees to offset the cost of capital improvements necessary to serve new developments; and WHEREAS, Sections 29-1-801 et seq., C.RS., concerning land development charges, recognize that counties may collect charges imposed on land development as a condition of the approval of development, if such charges relate to an expenditure for an improvement, facility, or piece of equipment necessitated by land development that is directly related to a local govemmental service; and WHEREAS, the Local Government Land Use Control Enabling Act of 1974 authorizes and encourages local governments to cooperate or contract with other units of government for the purpose of regulating the development of land and the impacts thereof; and WHEREAS, Eagle County is authorized by statutory authority and by Colorado common law to regulate the development and use of land, and impose mitigation measures, including impact fees, upon proponents of land development activities if impacts related to the service demands created by the development are not adequately mitigated; and 2 WHEREAS, Eagle County's authority to impose impact fees is conditioned upon criteria that establish the extent of the impact on public services and the f~es necessary to mitigate the impact; and WHEREAS, the Board finds and determines that the amendments to the Eagle County Land Use Regulations as contained herein, are necessary and designed for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of Eagle County and are consistent with the County's goals, policies and plans, including the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado APPROVED File No. LUR-0052 with the following conditions: 1. The Emergency Service Provider's Impact fee program contained in Exhibit A attached hereto and incorporated herein, are hereby adopted and shall be incorporated into the Eagle County Land Use Regulations. 2. In accordance with Section 24-68-102.5, C.RS., the Board finds, determines and declares that this Resolution amending the Eagle County Land Use Regulations is necessary for the immediate preservation of public health and safety. Therefore, pursuant to Section 24-68-102.5 (2), C.RS., this Resolution shall apply to all land use applications currently pending at the time this Resolution becomes effective. 3. If any portion of this Resolution or the amendments provided in Exhibit A of this Resolution are found to be void or ineffective, they shall be deemed severed from this Resolution and the remaining provisions shall remain valid and in full force and effect. 4. Except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 5. That Eagle County will commence collecting the Emergency Service Provider's Impact Fees at such time that each District has provided to the County an updated Nexus Study and a revised fee schedule is adopted via subsequent Board Resolution. 6. That Eagle County will commence collecting the Emergency Service Provider's Impact Fees at such time that each participating emergency service provider has entered into a separate Intergovernmental Agreement with Eagle County regarding the implementation, collection, bookkeeping and distribution of fees collected. Eagle County will receive six (6) percent ofthe total fees collected to cover costs associated with implementing the impact fee program. 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 21st day of February, 2006, nunc pro tunc to the 13th day of December, 2005 COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Clerk to the Board of County Commissioners By: TO~&ssioner By: Commissioner f~ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runy~~ Commissioner Tom C. Stone Commissioner Am M. Menconi This Resolution passed by ~/6 vote of the Board of County Commissioners of the County I of Eagle, State of Colorado. 4 EXHIBIT A EAGLE COUNTY LAND USE REGULATIONS DIVISION 4-7. IMP ACT FEES AND LAND DEDICATION STANDARDS SECTION 4-720 EMERGENCY SERVICE IMP ACT FEES A. Purpose. The purpose ofthis Section is to: 1) Provide a rational system for identifying and mitigating growth-related costs associated with growth and development and the expansion of emergency services and facilities made necessary by land development activities, a growing population and economic activity levels. 2) Implement the methodology and analysis for the determination ofthe impact of new development on the need for, and cost of, additional Emergency Service Capital Improvements. 3) Ensure that the Emergency Service Impact Fees established by this Section are based on, and do not exceed, the cost of providing additional Emergency Service Capital Improvements necessitated by new development. 4) Regulate the development ofland to ensure that new development bears a proportionate share of the cost of Emergency Service Capital Improvements necessary to provide adequate emergency services within Eagle County. 5) Assure that the system of Emergency Service Impact Fees implemented in this Section is linked to an Emergency Service Capital Improvements program designed to provide the facilities and equipment for which the Emergency Service Impact Fees are imposed. B. Definitions. The following terms as used in this Section shall have the meanings set forth unless it is apparent from the context that they have a different meaning. 1) Developer: A Developer as defined in Chapter 2 of these Eagle County Land Use Regulations. 2) Development: Development as defined in Chapter 2 ofthese Eagle County Land Use Regulations. 3) Emergency Service Capital Improvement: a) Includes: 5 (1) Fire Protection or emergency medical, rescue and ambulance service 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 or emergency medical, rescue and ambulance servIce; (2) Construction of buildings and facilities used for Fire Protection or emergency medical, rescue and ambulance services; and (3) Purchase of fire suppression or emergency medical, rescue and ambulance apparatus and equipment, including communications equipment, with an average useful life of at least five years, necessary to adequately protect and serve new development and its inhabitants. b) Excludes periodic or routine maintenance of facilities and equipment, personnel costs or operational expenses. 4) Emergency Service-Generating Development: Any development designed or intended to permit a use of the land that will contain or convert to more dwelling units or floor space than the most intensive use ofthe land within the twelve (12) months prior to the commencement of Emergency Service-Generating Development in a manner that increases the need for Emergency Service Capital Improvements as identified in the Fiscal Impact Fee Study. 5) Emergency Service-Generating Development, Commencement of: The issuance of a building permit or other applicable approval process on a lot or other parcel of land for which an Emergency Service Impact Fee has not previously been paid. 6) Emergency Service Impact Fee: A fee for Fire Protection or emergency medical, rescue and ambulance service established pursuant to this Section. 7) Emergency Service Provider: A governmental entity providing public Fire Protection, emergency medical, rescue or ambulance services or any combination of such services. 8) Fire Protection: The prevention and extinguishment of fire, protection of life and property from fire, enforcement of municipal, county, district, and state fire prevention codes, and provision of services authorized by statute or typically provided by a public fire department. 9) Fiscal Impact Fee Study: A study that mathematically calculates the fiscal impact of future demand for emergency services of the applicable Emergency Service Provider. 6 10) Impact Fee Administrator: The Impact Fee Administrator appointed as provided in Section 4-710 of these Eagle County Land Use Regulations, to administer the Emergency Service Impact Fee program established by this Section 4-720. C. Imposition of Emergency Service Impact Fees. Any Developer who has not already dedicated land to defer anticipated impacts of a proposed Emergency Service-Generating Development shall upon Commencement of an Emergency Service-Generating Development pay an Emergency Service Impact Fee in the manner and amount set forth in this Section. 1) Time of Fee Obligation and Payment. a) After the effective date of this Regulation, upon the Commencement of the Emergency Service-Generating Development within unincorporated areas ofthe county, an Emergency Service Impact Fee, pursuant to the terms of this regulation, shall be imposed on each Lot (or other portion) of the Development. The amount of the Emergency Service Impact Fee shall be determined and paid to the Impact Fee Administrator at the time of issuance of a building permit for the Development, or other associated actions of Eagle County having the effect of permitting the development of land. The obligation to pay the Emergency Service Impact Fee shall run with the land, and, therefore, the unpaid obligation to pay fees passes with title for purposes ofthese regulations. No building permit will be issued, or other land use activity requiring Eagle County approval will commence until all fees due hereunder with respect to the Lot, or parcel of land which is the subject ofthe building permit application, or other applicable approval process have been paid in full. If any credits are due pursuant to Section 4-720.H, they shall also be determined at that time. The fee shall be computed separately for the amount of construction activity covered by the permit, ifthe building permit is for less than the entire Development. If the fee is imposed for an Emergency Service- Generating Development that increases emergency service impact because of a change in use, the fee shall be determined by computing the difference in the fee schedule between the new Emergency Service- Generating Development and the existing Emergency Service-Generating Development. 2) Exemptions. The following shall be exempt from the terms of this Regulation. An exemption must be claimed by the fee payer at the time of application for a building permit. a) Alterations, expansion, or replacement of an existing building where no additional dwelling units are created, the use is not changed, and no additional need for Emergency Service Capital Improvements will be produced. 7 b) The construction of accessory buildings or structures that will not produce additional need for Emergency Service Capital Improvements over and above that produced by the principal building or use of the land. c) The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional need for Emergency Service Capital Improvements will be produced over and above that produced by the original use of the land. d) The following types of re-plat will not necessitate payment of Emergency Service Impact Fees. . Minor Type 'B' Subdivisions for the purpose of subdividing condominium space in duplex, triplex, multifamily or non- residential structures; . Minor Type 'B' Subdivisions for the purpose of subdividing residential duplex, triplex, townhomes, and non-residential structures where no net gain in residential units or, non-residential square footage will be realized; . Amended Final Plats for the purpose of adjusting internal lot lines where no net gain in residential units, or non-residential square footage will be realized; . Correction Plats. e) Private recreational facilities within a residential subdivision that are restricted for the use of residents and will not generate additional need for Emergency Service Capital Improvements. 3) Waiver by the Board of County Commissioners. The Board of County Commissioners may waive the applicable Emergency Service Impact Fee on the development of low or moderate-income housing or affordable employee housing as defined by Eagle County government in Section 4-710 of these Land Use Regulations, pursuant to C.RS. 29-20-104.5(5). D. Emergency Service Impact Fee Amount. Upon application by an Emergency Service Provider, supported by a Fiscal Impact Fee Study, the amount of any Emergency Service Impact Fee to be charged shall be set and revised from time to time by resolution of the Board of County Commissioners adopted pursuant to Subsection 1., except that the annual adjustment for inflation provided in Subsection J.l. shall be automatic and shall not require adoption of an implementing resolution. E. Alternative Calculation Study. In lieu of charging the Emergency Service Impact Fee amount adopted pursuant to Subsection D above, a Developer may prepare and submit to the Impact Fee 8 Administrator a site-specific Fiscal Impact Fee Study for the Emergency Service- Generating Development. The site-specific Fiscal Impact Fee Study shall be referred to the Emergency Service Provider serving the Development for comment and recommendations. The site-specific Fiscal Impact Fee Study shall follow the prescribed methodologies and formats established by the applicable Emergency Service Provider and shall show the basis upon which the proposed Emergency Service Impact Fee was calculated, and shall be based on the same level of service and service standards provided for in the Fiscal Impact Fee Study underlying the Emergency Service Impact Fee amount established under Subsection D. The site-specific Fiscal Impact Fee Study shall be prepared and presented by professionals qualified in their respective fields. The Impact Fee Administrator shall consider the documentation submitted by the Developer and recommendation of the Emergency Service Provider but is not required to accept such documentation or recommendation. If the Impact Fee Administrator determines that an acceptable site- specific Fiscal Impact Fee Study has not been presented, the Developer shall pay the Emergency Service Impact Fee based upon the amount set pursuant to Subsection D above. Determinations made by the Impact Fee Administrator pursuant to this Section may be appealed to the Emergency Services Impact Fee Board, consisting of the Board of County Commissioners, by filing a written request with the Clerk to the Board of County Commissioners within ten (10) days ofthe Impact Fee Administrator's determination. Following the submittal of such request, the Emergency Service Impact Fee Board shall hold a public hearing to determine the amount ofthe Emergency Service Impact Fee that shall be paid prior to issuing the requested building permit. The decision of the Emergency Service Impact Fee Board is subject to judicial appeal. Pending a judicial appeal of the decision ofthe Emergency Service Impact Fee Board, the Developer may pay the Emergency Service Impact Fee determined by the Emergency Service Impact Fee Board and proceed with the Development. F. Time for Payment of Emergency Service Impact Fee. A Developer requesting approval of an Emergency Service-Generating Development shall pay the Emergency Service Impact Fee at the time of issuance of a building permit for the Development, or other associated actions of Eagle County having the effect of permitting the development of land. The obligation to pay the Emergency Service Impact Fee shall run with the land, and, therefore, the unpaid obligation to pay such fees passes with title to the property. No building permit will be issued until all Emergency Service Impact Fees due hereunder with respect to the lot that is the subject of the building permit application have been paid in full. 9 G. Use of Emergency Service Impact Fees. 1) All Emergency Service Impact Fees collected pursuant to this Section shall, within sixty (60) days following payment to the County, be transferred to the applicable Emergency Service Provider. 2) All Emergency Service Impact Fees collected pursuant to this Section shall be deposited by the applicable Emergency Service Provider, in an interest-bearing account that clearly identifies the category, account, or fund of capital expenditure for which such Emergency Service Impact Fee was imposed and the Development for which the Emergency Service Impact Fee was imposed. Any interest or other income earned on moneys deposited in said interest-bearing account shall be credited to the account. 3) Emergency Service Impact Fees shall be used exclusively for Emergency Service Capital Improvements. 4) No Emergency Service Impact Fees shall be used for periodic or routine maintenance, personnel costs, or operational expenses. 5) In the event bonds or similar debt instruments are used to fund Emergency Service Capital Improvements prior to collecting the necessary Emergency Service Impact Fees, once collected, Emergency Service Impact Fees may be used to pay debt service on such bonds or similar debt instruments. 6) In the County's discretion, the County may require the applicable Emergency Service Providers enter into intergovernmental agreements with the County regarding the method of collection and administration of the Emergency Service Impact Fee program, allocating or delegating such functions as the parties deem appropriate. In the event the County collects and administers the Emergency Service Impact Fee program, the County shall retain a reasonable administrative fee not to exceed two percent (2%). H.' Credit for Improvements. 1) General Standards. a) Any person causing the Commencement of an Emergency Service- Generating Development may apply for credit against Emergency Service Impact Fees otherwise due, up to but not exceeding the full obligation for Emergency Service Impact Fees proposed to be paid pursuant to the provisions of this Regulation, for any contributions, construction, or dedication of land accepted or received by Eagle County or the applicable Emergency Service Provider, for purposes of providing Emergency Service Capital Improvements necessitated by the Development. b) Credit shall be in an amount equal to fair market value of the land dedicated for emergency Service Capital Improvements at the time of 10 dedication, the fair market value of the construction at the time of its completion, or the value ofthe contribution or payment at the time it is made for construction of an Emergency Service Capital Improvement. c) The credit shall not exceed the amount of the Emergency Service Impact Fees due and payable for the Emergency Service-Generating Development. 2) Emergency Service Impact Fee Credits. a) The determination of any credit shall be undertaken through the submission of an application for credit agreement, which shall be submitted to the Emergency Service Impact Fee Committee, which shall consist of the Impact Fee Administrator and one (1) representative appointed by the applicable Emergency Service Provider. b) The application for a credit agreement shall include the following information: 1. If the proposed application involves a credit for any cash contribution, the applicant shall provide a certified copy ofthe Development approval in which the contribution was agreed; proof of payment, if payment has been made; or the proposed method of payment, if payment has not been made. 2. If the proposed application involves credit for the dedication of land, the applicant shall provide a drawing and legal description of the land; the appraised fair market value of the land at the date a building permit is proposed to be issued for the Emergency Service-Generating Development, prepared by a professional Real Estate Appraiser who is a member of the Member Appraisal Institute (MAI) or who is a member of Senior Residential Appraisers (SRA), and if applicable, a certified copy of the Development permit in which the land was agreed to be dedicated. 3. If the proposed application involves credit for construction, the applicant shall provide the proposed plan ofthe specific construction prepared and certified by a duly qualified and licensed Colorado engineer or contractor; the projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated costs shall include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, construction costs of plans and specifications, surveys, costs of professional services, and all 11 other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction. 3) Procedure for Review of Credit Applications. a) Within ten (10) days of receipt of the proposed application for credit agreement, the Emergency Service Impact Fee Committee shall determine if the application is complete. If it is determined that the proposed agreement is not complete, the Emergency Service Impact Fee Committee shall send a written statement to the applicant outlining the deficiencies. The Emergency Service Impact Fee Committee shall take no further action on the proposed application for credit agreement until all deficiencies have been corrected or otherwise settled. b) Once the Emergency Service Impact Fee Committee determines the proposed application for credit agreement is complete, it shall be reviewed within thirty (30) days. The application for credit agreement shall be approved if it complies with the standards in this subsection 4-720.H. c) Ifthe application for credit agreement is approved by the Emergency Service Impact Fee Committee, a credit agreement shall be prepared and signed by the applicant and Eagle County or the applicable Emergency Service Provider where the land for which the credit is sought is located. 1) Agreements for pre-impact fee credits shall state the dollar credit that is applicable to the Development and the manner in which the credit will be applied to new building permits within the Development. 2) Agreements for post-impact fee credits shall specifically outline the contribution, payment, construction or land dedication, the time by which it shall be completed, dedicated, or paid, and any extensions thereof, and the dollar credit that will be available and the manner in which the credit will be applied to new building permits within the Development. 4) Appeal of Credit Decision. A fee payer affected by the decision of the Emergency Service Impact Fee Committee regarding credits may appeal such decision to the Emergency Service Impact Fee Board consisting of the Board of County Commissioners. The appeal shall be initiated by filing with the Emergency Service Impact Fee Committee, within ten (10) days of the date ofthe written decision, a written notice stating and specifying briefly the grounds of the appeal. The Emergency Service Impact Fee Committee shall place such appeal on the Emergency Service Impact Fee Board's agenda for the next regularly scheduled meeting of the Board of County Commissioners. The Emergency Service Impact Fee Board, after a hearing, shall affirm or reverse the decision of the Emergency Service Impact Fee Committee based on the standards of this 12 Section 4-720.H. Ifthe Emergency Service Impact Fee Board reverses the decision, it shall direct the Emergency Service Impact Fee Committee to readjust the credit in accordance with its findings. The decision of the Emergency Service Impact Fee Board shall be final. I. Unpaid Emergency Service Impact Fees. The Board of County Commissioners reserves the right to withhold or revoke any permits, certificates, or other approvals for any land or building for which the payment of Emergency Service Impact Fees is delinquent. J. Adjustment and Review of Emergency Service Impact Fees. The amount of the Emergency Service Impact Fee shall be reviewed and adjusted as follows: 1) The Emergency Service Impact Fee shall be adjusted annually for inflation, effective January 15 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 Eagle County. The applicable Emergency Service Provider shall annually notify in writing the Impact Fee Administrator of the amount of the annual adjustment for inflation. 2) The Board of County Commissioners may, annually, in conjunction with the presentation ofthe County's proposed budget, consider any further adjustments to the Emergency Service Impact Fee, following consultation with the applicable Emergency Service Provider. 3) No less frequently than every five (5) years, the applicable Emergency Service Provider shall provide to the Board of County Commissioners an updated Emergency Service Fiscal Impact Fee Study, and proposal to update the Emergency Service Impact Fee amount. K. Application. The requirements of this Section shall apply only within the jurisdiction and boundaries of an Emergency Service Provider for which a resolution setting an Emergency Service Impact Fee has been adopted pursuant to Subsection D, above. Pursuant to Section 24- 68-102.5, C.R.S., the provisions of this Section shall apply to all land use applications currently pending at the time this Section becomes effective. 13