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 Denver
 Code of Ordinances
 Chapter 50. SUBDIVISION OF LAND
 Article III. DEVELOPMENT IMPACT FEES

§ 50-50. Findings of fact; intent.  

Latest version.

  • The council hereby finds and states that:

    (1)

    Residential and nonresidential development has already occurred in the gateway area. New residential and nonresidential development is forecasted to take place in the gateway area. Said development causes and imposes new, increased and excessive demands on city public facilities and services, including, without limitation, fire protection, roads, drainage and parks and recreation.

    (2)

    Projections indicate that such development will continue and will place ever increasing demands on the city to provide necessary public facilities and services.

    (3)

    The development potential and property values of properties in the designated development areas are strongly influenced and encouraged by city policy as expressed in the comprehensive plan and as implemented by the city zoning ordinance and map.

    (4)

    To the extent that there is an essential nexus between the burden and demands such development in the gateway area places on the public facility infrastructure, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to other governmental or quasi-governmental entities or the property owners actually creating the demands.

    (5)

    To ensure that a fair and equitable proportionality is established between the costs of the facilities that are attributable to development in the gateway area and the overall public costs of the provision of such facilities, the amount of the impact fees to be imposed shall be determined by the cost of the additional public facilities needed to support such development, which public facilities shall be identified in a city capital improvements program.

    (6)

    The gateway infrastructure financing study sets forth reasonable methodologies and analyses for determining the impacts of various types of development in the gateway area on the city's public facilities and for determining the cost of providing such public facilities to meet the demands for such services created by the development in the gateway area and sets forth guidelines for city approval of plans of other governmental and quasi-governmental entities, such as metropolitan districts and general improvement districts, to finance and provide public facilities.

    (7)

    Council, after careful consideration of the matter, hereby finds and declares that impact fees imposed upon residential and nonresidential development in order to finance specified capital improvements in the gateway area, the demand for which is created by such development, is in the best interest of the general welfare of the city and its residents, is equitable, does not impose an unfair burden on such development by forcing property owners to pay more than their fair, equitable or proportionate share of the cost, and deems it advisable to adopt this article as hereinafter set forth.

    (8)

    This article imposes impact fees to be collected at the time the building permit is issued, or, when structures have already received permits or actually been built prior to the enactment of this article, within sixty (60) days of being billed for the impact fees. The amount of said fees is based upon the total acreage or impervious acreage of the development site, gross square footage of nonresidential buildings or number of residential dwelling units in residential development in order to finance specified capital improvements, the demand for which is generated by new development in the gateway area. Only public facilities necessitated by development in the gateway area and for which there is an essential nexus will result in impact fees. Impact fees shall be quantified in such a manner as to assure that a fair and equitable proportionality is established between the cost of the facilities attributable to such development and the overall public cost of the provision of such facilities and shall not exceed the cost of providing capital improvements the need for which is attributable to those property owners who pay the impact fees. The impact fees shall be spent on new or enlarged capital facilities improvements that are specified in the capital improvements program and that benefit those property owners who pay the impact fees.

(Ord. No. 842-00, § 1, 10-23-00; Ord. No. 988-03, § 1, 12-29-03)