(A)   Findings. The Town Council finds and determines as follows:

      (1)   A legitimate, identifiable public purpose is served by requiring a transportation impact fee for new development and redevelopment projects in the town;

      (2)   There is an essential nexus between the transportation impact fee imposed in this chapter and the town’s interest in providing transportation infrastructure, facilities and services;

      (3)   The town is acting within its power to provide transportation infrastructure, facilities and services;

      (4)   But for new development and redevelopment projects, the town would not be considering either the provision or expansion of transportation infrastructure, services or facilities;

      (5)   New development and redevelopment projects are contributing causes to the need for new or expanded transportation infrastructure, facilities and services;

      (6)   The town would be legally justified in denying applications for new development or redevelopment projects unless the transportation impact fee is imposed, because of the burden the new development or redevelopment projects would place on the town’s transportation infrastructure, facilities and services; and

      (7)   The town has conducted a study to determine the amount of the transportation impact fee, and the study demonstrates that the transportation impact fee will be roughly proportional, both in nature and extent, to the impacts of new development and redevelopment projects.

   (B)   Purpose. The purpose of this chapter is to impose a transportation impact fee on new development and redevelopment projects in the town, as set forth herein.

(Ord. 4(2017) § 1)

   (A)   The transportation impact fee shall be imposed on the following construction, development or redevelopment in the town:

      (1)   For commercial development (except accommodation units), on any net new square footage to be constructed;

      (2)   For residential development, on each new residential unit to be constructed; and

      (3)   For accommodation units, on each new accommodation unit to be constructed.

   (B)   The transportation impact fee shall not be imposed on the construction, development or redevelopment of any employee housing unit.

(Ord. 4(2017) § 1)

   The transportation impact fee shall be in the amount set by resolution of the Town Council. The fee shall be imposed by the Community Development Department, Design Review Board, Planning and Environmental Commission or Town Council, as part of the last land use approval for the project. The fee shall be payable prior to issuance of the building permit for the project.

(Ord. 4(2017) § 1)

   (A)   An applicant may apply for a credit as set forth in this section, which credit shall be applied to offset the transportation impact fee that would otherwise be imposed for the project.

   (B)   Credit shall be provided for any dedication or conveyance of land from the applicant to the town. The amount of the credit shall be the present, fair market value of the land being dedicated or conveyed, as determined by the town in its reasonable discretion.

   (C)   Credit shall be provided for any construction of town-approved system level transportation infrastructure or facilities as identified in the Vail Transportation Impact Fee Study, undertaken by the applicant at the applicant’s cost that offset the transportation impacts of the project. The transportation infrastructure or facilities may be constructed as part of the project, or in other areas of the town, as determined by the town and the applicant. The value of the credit shall be determined by the town, in its reasonable discretion, considering the total cost of construction and other relevant factors.

   (D)   Credit shall be provided for any transportation services provided by the applicant at the applicant’s cost, that offset the transportation impacts of the project, as approved by the town. The value of the credit shall be determined by the town, in its reasonable discretion, considering actual costs to provide the services and other relevant factors.

(Ord. 4(2017) § 1)

   (A)   An applicant aggrieved by the application of this chapter by the Community Development Department, the Planning and Environmental Commission or Design Review Board may apply for review by the Town Council, by filing a written request for review within ten days of the decision at issue.

   (B)   Within 30 days of receipt of the written request, the Town Council shall hold a public hearing. At such hearing, the burden of proof shall be on the applicant to establish that the imposition of the transportation impact fee as assessed would result in an unconstitutional taking of private property without just compensation.

   (C)   If the Town Council determines that the application of this chapter would result in an unconstitutional taking of private property without just compensation, the Town Council may decrease the transportation impact fee (or increase any credit) to ensure that there is no unconstitutional taking. The decision of the Town Council shall be final, subject only to judicial review pursuant to C.R.C.P. § 106(a)(4).

   (D)   An applicant aggrieved by the application of this chapter by the Town Council may seek judicial review pursuant to C.R.C.P. § 106(a)(4).

(Ord. 4(2017) § 1)