HomeMy WebLinkAbout095 - 07/16/1996 - AMENDING CITY CODE PERTAINING TO THE DEFERRAL OF CAPITAL IMPROVEMENT EXPANSION FEES ORDINANCE NO. 95, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE VI OF CHAPTER 29 OF THE CODE OF THE CITY OF
FORT COLLINS BY THE ADDITION OF A NEW SECTION PERTAINING TO THE
DEFERRAL OF CAPITAL IMPROVEMENT EXPANSION FEES
WHEREAS,on May 21, 1996,the Council of the City of Fort Collins adopted Ordinance No.
51, 1996,enacting certain capital improvement expansion fees to be paid by the developers of real
property in the City upon the issuance of building permits, as defined in said Ordinance; and
WHEREAS, on May 17, 1994,the City Council had previously adopted Ordinance No. 66,
1994, adding Section 29-631 to the City Code and authorizing a delay in the collection of certain city
development impact fees for affordable housing, so that the payment of such fees may be deferred
until a certificate of occupancy is issued for the affordable dwelling units; and
WHEREAS,the provision of affordable housing serves an important public purpose, and the
additional fees payable under Ordinance No. 51, 1996, could restrict the supply of available housing
for City residents; and
WHEREAS,the recently adopted capital improvement expansion fees are impact fees; and
WHEREAS, the City Council believes that it would be in the best interest of the City and
consistent with existing City policy to amend the City Code to allow the payment of capital
improvement expansion fees for affordable housing units to be deferred until the issuance of
certificates of occupancy for those units.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
That Article VI of the City Code,pertaining to capital improvement expansion fees, is hereby
amended by the addition of a new Section 29-701 and the renumbering of all subsequent sections.
Sec. 29-701. Deferral of fees for affordable housing.
With respect to any building permit for a dwelling unit which is contained within or
which contains an affordable housing project as defined in § 26-631, the fees
established under this article, shall, upon the request of the applicant, be deferred
until the date of issuance of a certificate of occupancy (whether temporary or
permanent)for such unit(s) or until the first day of December of the year in which the
deferral was obtained, whichever first occurs. Notwithstanding any provision in this
Chapter to the contrary, in the event that, during the period of deferral, the amount
of the deferred fee is increased by ordinance of the City Council,the fee rate in effect
at the time of the issuance of the building permit shall apply. Any person requesting
such deferral shall, as a condition precedent to obtaining the deferral, secure the
future payment of the deferred fee(s) by providing the city with a letter of credit or
certificate of deposit in a form and amount acceptable to the city. At the time of
application for any such deferral, the applicant shall pay to the city a fee in the
amount of fifty dollars ($50.)to partially defray the cost of administration.No person
shall knowingly make any false or misleading statement of fact in order to obtain any
deferral of fees under this Section.
Introduced,considered favorably on first reading, and ordered published this 2nd dav,of July,
A.D. 1996, and to be presented for final passage on the 16th da u y, D 6.
1
ayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day uly, A.D 96.
Mayor
ATTEST:
City Clerk