HomeMy WebLinkAboutPart 600.Land Use Code.1999Part 600 — Impact Fees and Dedications
PART 600
PART 600 - IMPACT FEES AND DEDICATIONS
26.610.44 PARK DEVELOPMENT IMPACT FEE
26.610.010
Purpose.
26.610,020
Applicability.
26.610.030
Fee schedule.
26.610.040
Time of payment and use of funds.
26.610.050
Refund of fees.
26.610.060
Enforcement.
26.610.070
Credits.
26.630 SCHOOL IMPACT DEDICATION
26.630.010 Purpose.
26.630.020 Applicability.
26.630.030 Dedication schedule.
26.630.040 Procedures for land dedication and cash payments.
26.630.050 Use of lands and use of funds.
26.630.060 Periodic review.
City of Aspen Land Use Code Page 292 Revised 01/01/99
Part 600 — Impact Fees and Dedications
Section 26.610.060
Sections:
26.610.010
26.610.020
26.610.030
26.610.040
26.610.050
26.610.060
26.610.070
Chapter 26.610
PARK DEVELOPMENT IMPACT FEE
Purpose.
Applicability.
Fee schedule.
Time of payment and use of funds.
Refund of fees.
Enforcement.
Credits.
26.610.010 Purpose.
For residents and visitors, parks and recreation facilities make up a significant part of the
community character of the City of Aspen. As a result of growth, increased pressure is placed on
existing parks and recreation facilities necessitating acquisition of new park lands and development of
additional recreation facilities. In order to maintain the current community standards for acquisition
of open space and development of parks and recreation facilities, the City of Aspen finds it necessary
to impose a park development impact fee on new development.
The impact fee requires new development to pay its pro-rata share of the costs of growth,
thereby providing relief to current City residents regarding the full costs of such facilities which are
attributable principally or solely to new development. The impact fee fairly apportions the cost of
acquisition and development of park and recreation lands to new versus current residents by partially
capturing the actual cost of those improvements which are necessary to maintain the current park and
recreation facility standards in the City of Aspen.
26.610.020 Applicability.
Park development impact fees shall be assessed upon all development in the City of Aspen
which creates additional bedrooms in residential dwellings, lodges, hotels, bed and breakfasts,
boardinghouses, roominghouses or dormitories and on all development which creates additional
commercial or office space. Park development impact fees shall not be assessed upon the following:
A. Alteration or expansion of a structure which does not create any additional bedrooms.
B. The replacement of a partially or totally destroyed structure which does not create any
additional bedrooms.
C. Development of essential community facilities.
D. Affordable housing subject to Affordable Housing Guidelines.
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Part 600 — Impact Fees and Dedications
Section 26.610.060
E. Development involving a historic landmark.
F. Re -subdivision of land, if a park development impact fee or a fee similar thereto was
assessed by the City of Aspen and collected at the time of the initial subdivision, unless the
re -subdivision shall be for the purpose of additional development, in which case the fee
shall be assessed upon any additional bedrooms or commercial or office space permitted by
the re -subdivision.
26.610.030 Fee schedule.
The park development impact fee shall be assessed according to the following schedule:
-Residentialllod e;
Studio:
One -bedroom:
Two -bedroom:
Three -bedroom or larger:
Comrrierciul/o ace:
CC/C-1 zone districts:
,,NC/SCI zone districts:
O zone districts:
CL and other zone districts:
$1,52000 per unit.
$2,120.00 per unit.
$2,725.00 per unit.
$3,634.00 per unit.
$2,163.00per 1,000 square feet.
$1,168.00 per 1,000 square feet.
$1,530.00 per 1,000 square feet.
$1,785.00per 1,000 square feet.
For development which increases the size of a unit between the types listed in the schedule,
the fee shall be assessed by calculating the difference in the cost between the unit types.
26.610.040 Time of payment and use of funds.
The park development impact fee shall be due and payable at the time of issuance of a
building permit for the development. All funds collected shall be transferred by the Community
Development Director to the Finance Director for deposit in a separate interest bearing account. Such
funds shall only be used for the acquisition of land for public park and recreation purposes, including
trails, and for capital improvements to such newly acquired or existing park and recreation lands.
26.610.050 Refund of fees.
Fees collected pursuant to this Section may be returned to the then present owner of property
for which a fee was paid, including any interest earned, if the fees have not been spent within seven
(7) years from the date fees were paid, unless the City Council shall have earmarked the funds for
expenditure on a specific project, in which case the City Council may extend the time period by up to
three (3) more years. To obtain a refund, the present owner must submit a petition to the Finance
Director within one year following the end of the seventh year from the date payment was received.
For the purpose of this Section, payments collected shall be deemed spent on the basis of the
first payment received shall be the first payment expended. Any payment made for a project for which
a building permit is cancelled, due to non -commencement of construction, may be refunded if a
petition for refund is submitted to the Finance Director within three (3) months of the date of the
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Part 600 — Impact Fees and Dedications Section 26.610.060
cancellation of the building permit. All petitions shall be accompanied by a notarized, sworn
statement that the petitioner is the current owner of the property and by a copy of the dated receipt
issued for payment of the fee.
26.610.060 Enforcement.
All park development impact fees, from the time they shall be due and payable, shall become
and remain a lien upon the land or improvements against which they are assessed and may be
collected against any owner of such lands or improvements. Any claim for payment may be
prosecuted as an action in personam against any owner or by any action in rem for enforcement of
such lien, or both.
26.610.070 Credits.
Subject to the approval requirements set forth below, in lieu of paying the park development
impact fee, the applicant may elect to construct park and recreation facilities and dedicate them to the
City of Aspen. Prior to acceptance of such dedications, the Parks Department Director shall be
required to verify the value of the park and recreation facilities to be used as a credit toward the
required park development impact fee. An applicant may also elect to dedicate lands to the City
which are to be used for park or open space purposes, including any trail system easement. Prior to
acceptance of such dedications, the Parks Department Director and Community Development
Director shall determine that the facilities or parcel to be dedicated are of adequate size for the use
intended, can be accessed by the public and are located outside of any environmentally hazardous
area. To obtain a credit for any land or easement dedication, the applicant shall submit an appraisal of
the value of the land or easement to be dedicated, which shall be performed by a qualified
professional real estate appraiser.
City of Aspen Land Use Code Page 295 Revised 01/01/99
Part 600 — Impact Fees and Dedications
Section 26.630.010
Chapter 26.630
SCHOOL LANDS DEDICATIONS
Sections:
26.630.010 Purpose.
26.630.020 Applicability
26.630.030 Dedication schedule.
26.630.040 Procedures for Land Dedication and Cash Payment.
26.630.050 Use of Land and Use of Funds.
26.630.060 Periodic Review.
26.630.010 Purpose. The Aspen School District requires land for necessary school functions, which
may include, but is not limited to, school buildings, support facilities, open space and recreation areas
and housing for employees and their immediate families. The purpose of this provision is to ensure
that as development occurs and enrollment in the schools grows, the current level of service provided
to students can be maintained. This is accomplished by the adoption of standards for new
development to provide land, or cash -in -lieu thereof to the City, for use by the Aspen School District.
The standards are based on the number of students the development generates and the current level of
service standard within the Aspen School District for land area provided per student.
26.630.020 Applicability. School land dedications standards shall be assessed upon all new
subdivisions within the City of Aspen which contain residential units.
26.630.030 Dedication schedule.
A. Land Dedication. School land dedications shall be assessed according to the following
schedule:
Unit Type
,j
Land Dedication St-andard
.Q00Q -gyres (0 sq. ft.).'.
.0012 acres (52 sq. ft.)
.0095 acres (41:6 sq: €t.)
.0I62 acres (707 sq. ft.)
..0245 acres (11081 sq. ft.)
.0284 acres (1,236 sq. ft.)
B. Cash -in -Lieu Payment. An applicant may make a cash payment in -lieu of dedicating land
to the City, or may make a cash payment in combination with a land dedication, to comply
with the standards of this Section. Because of the cost of subdivided land in the City of
Aspen, the School District and the City of Aspen have decided to require payment of a
cash -in -lieu amount which is less than the full market value of the land area. The formula
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Part 600 — Impact Fees and Dedications
Section 26.630.040
to determine the amount of cash -in -lieu payment for each residential dwelling unit is as follows:
(a) Current Market Value. Current market value means the value of the land at the time of
the cash -in -lieu payment, including site improvements such as streets and utilities, but
excluding the value of residential dwelling units and other structures on the property.
When more than one (1) residential dwelling unit is to be built on a lot, then each unit
shall be assigned its proportionate share of the current market value of the lot.
(b) Substantiation. Market value may be substantiated by a documented purchase price (if
an arms length transaction no more than two (2) years old) or other mutually agreed
upon recognized means.
(c) Appraisal. In the event the developer and the City fail to agree on market value, such
value shall be established by a qualified real estate appraiser acceptable to both parties.
The developer shall pay for the appraisal.
C. Mixed Use Developments. When the proposed subdivision contains a mix of residential,
commercial, and other uses, the required dedication shall be based on the number of
proposed residential units only.
26.630.040 Procedures for Land Dedication and Cash Payment.
A. Land Dedication. Lands to be dedicated to the City to fulfill the standards of this provision
shall be identified on the subdivision plat and shall be dedicated to the City at the time of
final plat approval.
1. Acceptance. Acceptance of the lands to be dedicated shall be at the discretion of the
Aspen City Council.
2. Criteria. Prior to acceptance, the Council shall consider the comments of the Aspen
School District, to determine whether the lands proposed to be dedicated are of adequate
size and can be suitably developed for school purposes or whether the lands have the
capability of being sold, with the proceeds being used for school purposes. Council shall
also consider the probable impacts on neighboring properties of the development of the
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Part 600 — Impact Fees and Dedications
Section 26.630.050
land for school purposes. When the lands proposed to be dedicated are not adequate or
suitable for school purposes and cannot feasibly be sold, the Council shall require a cash
payment in -lieu of the land dedication.
B. Cash -in -Lieu Payment. Payment of cash in -lieu of a land dedication shall be made to the
City prior to and on a proportional basis to the issuance of any building permits for the
residential dwelling units.
26.630.050 Use of Land and Use of Funds.
A. Land. All lands dedicated to the City pursuant to this Section shall be held by the City for
the Aspen School District, until such time as they shall be requested by the School District
for school purposes. The Aspen School District shall be responsible for maintenance of
said lands in a reasonable manner while they are being held by the City.
B. Funds. All funds collected pursuant to this division shall be transferred by the Community
Development Director to the Finance Director. All funds so collected shall be properly
identified and promptly deposited in a designated account. Funds withdrawn from this fund
shall be used exclusively for the purposes specified herein.
1. Cia Shall Trans er Funds to School District. Funds collected pursuant to this division
shall be remitted monthly to the Aspen School District. The Aspen School District shall
deposit said funds into an interest -bearing account authorized by law. The Aspen School
District shall be the owners of the funds in the account, but the signature of the chief
financial officer of the Aspen School District, or his or her designee, and the signature
of the finance director of the City of Aspen, or his or her designee, shall be required for
the withdrawal of monies from the account.
2. Administrative Fee. The City shall be entitled to retain two (2) percent of the funds
collected to compensate it for its administrative expenses of collecting the fees. Said
fees shall be deposited in the City's General Revenue fund to be expended as the City
shall determine in its sole discretion.
3. Use of or Funds for Housing. If the School District decides that land or funds
dedicated pursuant to this Section should be used for housing, then the School District
shall place a deed restriction on those housing units, restricting their occupancy to
School District employees and their immediate families. In the event the inventory of
housing exceeds the district's needs, the School Board may allow occupancy of the units
through the Housing Authority.
26.630.060 Periodic Review. In order to ensure that the land dedication standards which are
assessed are fair and represent the current level of service provided by the Aspen School District, the
dedication schedule shall be reviewed by the City, together with the School District, and amended as
necessary within three (3) years of its effective date and every three (3) years thereafter.
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City of Aspen Land Use Code Page 298 Revised 01/01/99