(a)

Purpose. The purpose of an impact fee requirement is to require development to pay for its fair share of the impacts it generates upon the Town's capital facilities which, if a fair share contribution were not required, would otherwise be publicly subsidized.

(b)

Applicability. All development within the Town that is subject to a zoning development permit pursuant to Article 19 and shall be subject to impact fee requirements unless exempt. The purpose of the impact fee requirements includes:

(1)

Development of a single-family dwelling unit;

(2)

Development of a multi-family dwelling unit; and

(3)

Development, expansion, or change in use of a nonresidential structure.

(Ord. No. 751, § 1, 11-13-2019)

The following development shall be exempt from the impact fee requirements:

(1)

Remodeling of residential structures.

(2)

Remodeling of nonresidential structures that does not result in an increase of square footage.

(3)

Replacement of existing residential units.

(4)

Public sector nonresidential development determined by the fee administrator to be a development that serves growth rather than a growth generator.

(5)

Publicly subsidized affordable housing projects.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Applicability and classification. Traffic-generating development generates a need for capacity-related capital improvements to Town streets, which are required to be mitigated through the payment of streets fees. The streets fee is based on two (2) classes of development: Residential and nonresidential. If the type of traffic-generating development is not specified on the fee schedule, the applicant for the zoning development permit shall conduct an independent traffic study to determine the trip generation upon which the fee for the specified land use shall be based.

(b)

Calculation and payment.

(1)

The fee shall be paid to the Town prior to the issuance of a zoning development permit, which is required prior to the issuance of a building permit.

(2)

The fee for a change in use shall be determined by computing the difference in the fee amount between the existing and the proposed land use.

(3)

The fee for expansion of a nonresidential land use shall be determined by computing the difference in the fee amount for the existing and proposed expanded land use.

(Ord. No. 751, § 1, 11-13-2019)

(a)

The following table sets forth the impact fee schedule for residential land uses:

(b)

The following table sets forth the impact fee schedule for nonresidential land uses:

(c)

The independent traffic study for determining a nonresidential streets impact fee is calculated as follows:

(1)

If the trip generation figures in the nonresidential fee schedule above do not reflect the traffic generation of the proposed land use or the proposed land use is not included in the schedule, the applicant can request permission from the fee administrator to conduct an independent traffic study.

(2)

Independent traffic study calculations shall comply with the criteria listed in Section 16-16-5 below.

(3)

If this method is used, the following formula shall be used to compute the fee:

Trip generation for proposed land use (in average daily trips) x $277.00 = Fee amount.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Fee calculation. The fee may be calculated using an independent traffic study applied to the formula indicated in the Town of Mancos Development Impact Fee Schedule above, so long as:

(1)

The fee administrator determines if the traffic produced by the proposed land use is not properly reflected in the nonresidential fee schedule or is not one of the land uses listed in the nonresidential fee schedule; or

(2)

The applicant believes that it can be demonstrated that the nature, timing, or location of the proposed traffic-generating development makes it likely that the impacts generated will cost less than the amount of the fee generated by use of the fee schedule.

(b)

Applicant-prepared independent traffic study. The preparation of the traffic study and the fee calculation derived from the formula in Section 16-16-4(c), shall be the responsibility of the applicant and shall be submitted to the fee administrator as part of the application for a zoning development permit required prior to issuance of a building permit pursuant to Article 19.

(c)

Subject of study. The independent traffic study shall provide the following information:

(1)

The total number of average daily trips to and from the proposed land use, also referred to as the "driveway volume."

(2)

The trip adjustment factor for the appropriate land use from the most recent version of the Institute of Transportation Engineers Trip Generation Manual, or as recommended by a qualified transportation professional.

(3)

The trip generation of the proposed land use in average daily trips.

(4)

The streets impact fee computed using the formula in Section 16-16-4.

(d)

Qualifications for the study. The independent source is an accepted standard source of transportation engineering or planning data or information. The independent source is a local study on trip characteristics carried out by a qualified planner or transportation professional pursuant to an accepted planning or transportation methodology.

(e)

Approval required. The fee administrator shall review the independent traffic study. Only when the fee administrator determines that the study is reasonable, accurate, and meets the criteria of this Land Use Code shall the final fee calculation be accepted.

(f)

Credits. Any person applying to develop a traffic-generating land use may apply for a credit against the full price of the streets mitigation fee as calculated in Section 16-16-4, for any contribution, payment, construction, or dedication of land for any capacity-related capital improvements to the overall streets system. No credits shall be provided for on-site or project-related improvements. Such credits shall be offered as follows:

(1)

The applicant for the proposed land use shall be required to pay the difference between the road fee required by this Article and the prior mitigation. There shall be no entitlement to any refunds for fees paid in excess of the current fee schedule.

(2)

The credit shall be in an amount equal to the value of the contribution or payment at the time it was made to the Town, the costs of streets 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 using the Boulder-Denver CPI inflation rate.

(3)

If system-wide streets improvements were performed for a subdivision as a whole in its initial review, then any credits shall be applied as follows:

a.

The credit for the capacity-related system-wide streets improvements performed shall first be applied to any existing development in the subdivision or planned development.

b.

Any remaining credit shall be apportioned equally among the remaining undeveloped lots.

(4)

There shall be no credit for any system-wide streets improvements required through a development approval unless the property owner, or the property owner's predecessor in interest, actually provided the mitigation prior to the effective date of the initial ordinance codified herein.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

(a)

Imposition of impact fees. Impact fee requirements shall be levied for all zoning development permits, and payment of the fee price shall be due prior to the issuance of any building permit, unless exempt pursuant to Section 16-16-2, Exemptions.

(b)

Determination. Prior to the issuance of a building permit for any development requiring a development permit pursuant to Article 19, the applicant shall either:

(1)

Obtain and submit a certificate of exemption from the fee administrator with the building permit;

(2)

Pay the fee amount in the fee schedule; or

(3)

Pay the fee price approved by the fee administrator as documented on the zoning development permit.

(c)

Procedure for certificate of exemption. Any applicant for development claiming an exemption from the streets impact fee shall submit proof of approval for streets impact fee exemption on the zoning development permit with the building permit application.

(d)

Procedure for calculation of the streets impact fee. The streets impact fee price determined by the fee schedule or through an independent traffic study shall be documented on the zoning development permit as approved by the fee administrator. Any payment of the streets impact fee shall be documented on the building permit.

(e)

Procedure for determining credits. Applicants shall apply to the fee administrator for any credits against the streets impact fee. The credits shall be applied to the streets impact fee price as documented on the zoning development permit and approved by the fee administrator.

(f)

Procedure for independent traffic study. An applicant seeking to calculate the streets impact fee price using an independent traffic study shall apply to do so with the fee administrator pursuant to Section 16-16-5, Independent Traffic Study Criteria. The approved streets impact fee price shall be documented on the zoning development permit due with the building permit application. Any changes in the size or nature of the land use that occur during the building permit process shall be adjusted in the final streets impact fee calculation.

(g)

Administration. No fee payments shall be accepted from any property owner prior to the building permit application. There shall be no prepayment fees, and no building permit shall be issued, unless the applicant has paid the current fee applicable.

(h)

Appeal. Any appeal to any decision made shall follow the procedures of Section 16-18-10.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)