File #: ID-01-23    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 12/15/2022 In control: City Council
On agenda: 1/3/2023 Final action:
Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING CERTAIN SECTIONS OF CHAPTER 13 ARTICLE 4 OF THE BRIGHTON MUNICIPAL CODE RELATING TO WATER DEDICATION (FINAL READING)
Attachments: 1. Water Dedication Clean-Up Ordinance FINAL, 2. Water Dedication Clean-Up 12.15.pdf, 3. 01 PPT
Department of Utilities
Reference: Water Dedication Code Amendment

To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Scott Olsen, Assistant Director of Utilities
Date Prepared: December 15, 2022
BACKGROUND
City Council adopted Ordinance No. 2379 on December 21, 2021, regarding water dedication and fee-in-lieu of water dedication. Since the adoption of the ordinance, input received from the Development Community as well as further internal review has sparked the need for several clarifications and minor modifications. Further information on the clarifications and minor modifications is presented below.

PURPOSE
To provide City Council with an overview of the ordinance clean-up process that has been undertaken to ensure that the City's water dedication and fee-in-lieu of water dedication requirements in Brighton Municipal Code are clear and concise. The clean-up process will ensure that the City continues to provide the best possible customer service to our residents, rate payers and the development community. Below is an outline of the clean-up items that have been addressed:

Section 13-4-10:
* Allow for flexibility for small developments to pay fee-in-lieu due to the inability to purchase small amount of raw water. Developments that are less than or equal to one acre in size or the amount of water dedication due to the City is less than and equal to five acre-feet will be allowed to pay the fee-in-lieu amount.
* Protect the City raw water resources by ensuring that no building permit will be issued without either water dedication or fee-in-lieu payment being made.
* Account for inflation in the cost of raw water resources by allowing the fee-in-lieu payment amount to be adjusted annually by the CPI percentage published by the Bureau of Labor Statistics.
* Provide clarification on the units per acre column from the single-family water dedication and fee-in-lieu table. There are units that could f...

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