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Department of Community Development
Reference: Greater Brighton Fire Protection District IGA
To: Mayor Richard N. McLean and Members of City Council
Through: Holly Prather, AICP, Community Development Director
Marv Falconburg, AICP, Assistant City Manager of Development
Clint Blackhurst, Acting City Manager
Prepared By: Mike Tylka, Associate City Planner
Date Prepared: August 15, 2017
PURPOSE
The Greater Brighton Fire Protection District has sent the City of Brighton a proposed Inter-Governmental Agreement (IGA) for the purposes of imposing an impact fee under the recently enacted State statute. City staff would like to discuss staff's initial thoughts on the implementation of the statute and the draft IGA, and to seek policy direction from City Council at the August 22nd Study Session.
BACKGROUND
In 2016 House Bill 16-1088 was passed by the Colorado Legislature, which allows a municipality or county to impose an impact fee to fund expenditures by a fire district on capital facilities needed to serve new development; imposition of the impact fee would be a condition of issuance of a development permit for the new development. The fire district is required to quantify the reasonable impacts of the proposed new development on existing capital facilities and establish the impact fee at a level no greater than necessary to defray the impacts directly related to the proposed development. The impact fee cannot be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed development.
Whether the impact fee will be imposed is at the sole discretion of the municipality.
The House Bill requires the municipality to confer with the fire district that will be providing services to the new development and the owner/developer of the development to assess and determine whether there should be an impact fee imposed to defray the impacts to the ...
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