The town council does hereby affirmatively find and state that new developments of residential and commercial improvements within the limits of the town create the need for new facilities or services, or result in increased use of existing services or facilities, such as to require the expansion or eventual replacement thereof. There is a direct cause and effect relationship between new development of residential and commercial improvements and the need to expand/or replace existing services or facilities. It is necessary to fairly balance the needs of the general public, and especially the residents of the town, against the need for additional services or facilities which is created by development or improvement of new residential or commercial improvements, so as not to burden disproportionately the general public with the cost or expense necessary to provide additional services or expand/or replace existing facilities, the need for which is generated by new residential or commercial improvements and developments. It is the policy of the town that dedications of real property to the town and/or exactions in the form of monetary payments to the town in lieu of real property dedications and exactions, and monetary payments to the town to maintain the level of public services or facilities, shall be required of all new developments of residential and commercial improvements proposed to the town, unless the town council specifically finds that the proposed development does not create a need for additional or expanded services or facilities.

Pursuant to the provisions of the town's Home Rule Charter, the town shall, in conjunction with any requested subdivision approval, plat approval, or building permit request, impose dedication requirements or monetary exactions in lieu of such dedication requirements, or monetary exactions to maintain the level of public services. Authority is specifically granted to the town council, upon the advice of the planning commission, following public hearing before the planning commission and town council, to waive or reduce the exaction or dedication requirements upon a finding that such development or improvement proposed does not create a need for the expansion or replacement of existing services or facilities, or that the proposed development will meet identified public needs.

Authority is specifically granted to the town council, as a part of its legislative function, to establish fee schedules for monetary exactions in those instances where real property dedications are not required or appropriate. Such fee schedules shall be adopted pursuant to the criteria set forth in section 21-854(a) of this article.

Strictly by means of illustration, and not by means of limitation, dedications or exactions for the following purposes shall be made:

A dedication or exaction shall be required of an owner/developer unless the town council, following a public hearing and following the recommendation of the planning commission, makes a finding that one or more of the following exist:

The town council hereby adopts the "Town of Mt. Crested Butte Fiscal Impact Analysis—July, 1996" prepared by Community Matters, Inc., Littleton, Colorado. Any and all exactions and dedication requirements set forth therein are hereby adopted by this article, and from the date of adoption of this article [December 17, 1996] until the same be repealed or amended, all standards or formulas set forth therein shall be applicable to all owners/developers unless the owner/developer requests the town council to implement the provisions of subsection (a) or (b) of this section. Unless an owner/developer requests the town council to implement the provisions of subsection (a) or (b) of this section, such owner/developer shall be conclusively presumed to have accepted the standards/formulas of the town authorized in section 21-852 and this section.

In deciding whether to waive or reduce a dedication or exaction requirement, the planning commission and the town council shall consider those questions and criteria identified in sections 21-853 and 21-854 hereof, and shall be guided by the overriding principle that an exaction or dedication requirement is unfair, disproportionate, and unconstitutional if it imposes a burden on an owner/developer which in equity and fairness should be borne by the public in general. However, any exaction or dedication requirement will be in compliance with all existing constitutional tests if the failure of the owner/developer to provide the dedication or exaction would fail to remedy a public problem created or exacerbated by the owner/developer's proposed project to such an extent that the planning commission and/or the town council would be justified in denying approval of the project altogether.

No subdivision approval, plat approval, or building permit issuance shall be deemed final unless and until the required exaction or dedication has been made, or until the town council has made a determination to waive or reduce the exaction requirement to be imposed. The exaction amount shall be due and payable at the time of subdivision approval, plat approval, or issuance of building permit, as the case may be, unless the town council, upon the request of the owner/developer, has agreed, pursuant to section 21-857 hereof, to extend the date of payment of the exaction amount to the time of a request of certificate of occupancy. Any person, individual, or entity which commences development or construction of a property, or attempts to obtain a permit to develop property, occupies, or attempts to occupy a property, prior to the fulfillments of the requirements of this article shall be guilty of a misdemeanor, and subject to a fine not to exceed $1,000, or imprisonment for a period not to exceed 90 days, or both such fine and imprisonment. In addition to said remedy, the town may seek and obtain either a stop work order or an injunction against the continuation or completion of any construction or preconstruction activity on a project or improvement until the provisions of this article have been complied with.

Upon the request of the owner/developer, the town council may extend the date for payment of the exaction amount to a date no later than the date of request for a certificate of occupancy, either temporary or final, of any building or structure to be constructed upon the property. In the event of such a request for exten-sion of the date of payment, the exaction amount shall constitute a lien upon the property, which shall continue until the exaction amount is paid to the town. A notice, signed and acknowledged by the owner/developer, evidencing such lien shall be recorded in the Gunnison County real estate records. The town may, in conjunction with any other remedy, seek to foreclose said lien in the event the exaction amount is not paid by the extended date.

All exaction amounts collected by the town pursuant hereto shall be deposited into a separate fund to be known as the "exaction fee capital fund," such fund to be expended solely for the purpose of expansion of public services or facilities required by additional growth within the town.

In the event that an applicant does not desire to do an individualized study or report for a commercial development as provided for in section 21-854, the applicant may pay a base commercial exaction fee of $7.06 per square foot of commercial and retail floor area. The payment of this base commercial exaction fee does not prevent the town from requiring other dedications as provided for in this chapter or the town code during the subdivision, zoning, or design review process.

There is hereby imposed a capital expansion fee for fire protection services upon every residential unit or commercial or business development constructed in subdivisions or re-subdivisions approved by the town council of the Town of Mt. Crested Butte, Colorado, on or after December 17, 1996. Said fee shall be in accordance with the following schedule, and shall be paid to the town prior to the issuance of a building permit for any such construction.