§ 30-596. Capacity reservation fees for fixed time frame capacity reservation certificates.

(1)

A capacity reservation fee shall be required to be paid as a condition of capacity reservation. The capacity reservation fee shall be an amount equivalent to the then applicable transportation impact fee calculated on the basis of the total capacity reserved for the term of the capacity reservation certificate:

(a)

Less any outstanding impact fee credits applicable to the property; and

(b)

Less any proportionate share contribution for the provision of transportation facilities only; and

(c)

For a project which has received a certificate of affordability from the county's community development and housing assistance department, less any transportation impact fees due for the affordable housing units within the project, provided that, for purposes of this subsection only, the calculation of the amount of such transportation impact fees shall not be reduced by the discounts authorized by Ordinance No. 92-10.

However, in the event the capacity reservation certificate is not used and the applicant would otherwise be entitled to a refund, the appropriate traffic impact fee credit shall be recredited to the applicant. Capacity may be reserved for one (1) year, two (2) years or three (3) years. The allocation of capacity reservation fees shall be based upon the duration of the capacity reservation certificate with the applicable capacity reservation fee prorated equally over the term of the reservation. For example, if the fixed time frame capacity reservation certificate provides for a reservation of capacity over a three-year term, thirty-three and one-third (33 1/3 ) percent of the capacity reservation fee shall be due at the time of filing the application for capacity reservation; thirty-three and one-third (33 1/3 ) percent of the capacity reservation fee shall be due on or before the expiration of one (1) year from the date of issuance of the capacity reservation certificate; and the balance of the capacity reservation fee shall be due on or before the expiration of two (2) years from the date of issuance of the capacity reservation certificate. No capacity reservation certificate shall be issued until and unless the required portion of the capacity reservation fee is paid in full. Failure to pay the capacity reservation fee within one hundred twenty (120) days from the date of issuance of the capacity encumbrance letter so that the capacity reservation certificate may be timely issued shall be deemed a withdrawal of the application for a capacity reservation certificate, and the CMO shall return the capacity to the available capacity bank.

The applicant shall be required to pay all impact fees due at the time of, and as a condition of, receiving a building permit, pursuant to the impact fee rate schedule in effect at the time a building permit is issued. However, the capacity reservation fee paid by the applicant shall be credited toward the impact fees due at time of issuance of the building permit on a dollar-for-dollar basis.

The capacity reservation fees collected pursuant to this section shall be kept separate from other revenue of the county. They shall be kept with road impact fees, but they shall be separately earmarked from road impact fees.

EXAMPLE NO. 1

Capacity Reservation Fees in Connection
with Fixed Time Frame One-Year Capacity Reservation Certificate

	Year 1
Fee equal to	100% of transportation impact fees.

 

EXAMPLE NO. 2

Capacity Reservation Fees in Connection
with Fixed Time Frame Two-Year Capacity Reservation Certificate

	Year 1	Year 2
Fee equal to	50% of transportation impact fees.	50% of transportation impact fees.

 

EXAMPLE NO. 3

Capacity Reservation Fees in Connection
with Fixed Time Frame Three-Year Capacity Reservation Certificate

	Year 1	Year 2	Year 3
Fee equal to	33 1/3 % of transportation impact fees.	33 1/3 % of transportation impact fees.	33 1/3 % of transportation impact fees.

 

(2)

Refund of unused fixed time frame capacity reservation fee. Capacity reservation fees shall be refundable as set forth in this paragraph. The CMO shall refund one hundred (100) percent of the capacity reservation fee not applied as a credit against impact fees in accordance with subsection 30-596(1) if the capacity was reserved for a one-year (twelve (12) months) reservation period or less. The CMO shall refund one hundred (100) percent of the capacity reservation fee not applied as a credit against impact fees in accordance with subsection 30-596(1) if the capacity was reserved for a two-year (twenty-four (24) months) reservation period. The CMO shall refund ninety (90) percent of the capacity reservation fee not applied as a credit against impact fees in accordance with subsection 30-596(1) if the capacity was reserved for a three-year (thirty-six (36) months) reservation period. Refunds shall be granted only if and to the extent that capacity reservation fees are subsequently received by the county from third parties in such amounts as are required to affect any requested refund. Those applicants awaiting refunds shall be placed on a list, and refunds shall be made to applicants in the order in which their names appear on such list, provided that funds are available to affect such refunds as specified in the preceding sentence.

(3)

In the event legislation is passed eliminating transportation concurrency and providing for mobility requirements, applicants with existing capacity reservation certificates may be given the option to apply any existing capacity reservation fees towards any future mobility requirements. The specific terms of any such arrangement shall be memorialized in a development agreement approved by the board of county commissioners.

(Ord. No. 91-27, § 1, 12-10-91; Ord. No. 92-21, § 2, 7-21-92; Ord. No. 96-15, § 21, 5-14-96; Ord. No. 2006-06 , § 2, 5-23-06; Ord. No. 2009-32 , § 11, 11-3-09; Ord. No. 2011-02 , § 11, 3-8-11; Ord. No. 2012-07 , § 6, 3-6-12; Ord. No. 2013-13 , § 2, 5-21-13)