16.42.130 Fire protection.

A. Applicability. These fire protection standards shall be applied to subdivisions, which shall be deemed to include resubdivisions and subdivision exemptions within fire service areas.

Fire service areas are defined to be any of the following:

1. Fire protection district;

2. Metropolitan district authorized to provide fire protection;

3. Contract for fire protection;

4. Extraterritorial fire service agreement area;

5. Water district area covered by mutual aid agreements where a water district exists; or

6. Volunteer fire protection district.

B. Fire Protection Impact Fee and Fire Protection Service Plan.

1.a. For agricultural, one-family residential, and duplex residential uses, a fire protection impact fee shall be paid on the basis of $750 per lot. Exceptions are for those lots within the Metropolitan Districts in Pueblo County being Pueblo West Metropolitan District and Colorado City Metropolitan District. These Districts shall be allowed to have the authority to reduce, waive, modify, or adjust the fee, not to exceed the $750 per lot fee. The Subdivider/Developer shall submit a letter from the respective Metropolitan District stating the requirements for fire protection, such as payment of a fee, not to exceed $750 per lot, installation of a fire hydrant(s), combination thereof, or no requirement. The letter shall be a requirement of the final plat subdivision application and shall be due at time of the subdivision application submittal. If fees are required, the payment method would be the same as if payments were made outside the Metropolitan District: one-half of the required fee per lot shall be paid by the Subdivider/Developer prior to recordation of the final plat, the requirement of the plat notation of the fire impact fee assessment of the remaining one-half of the fee per lot due at time of zoning authorization for a building permit, and the requirement of the fire impact fee statement letter being recorded concurrently with the final plat. If a fire hydrant(s) is required by the Metropolitan District, the cost of the fire hydrant(s) shall be part of a Subdivision Improvements Agreement, or payment of the fire hydrant(s) shall be made to the Department of Planning and Development (payment shall be deposited to the Metropolitan District's fire impact fee account) prior to recordation of the subdivision final plat or the fire hydrant(s) shall be installed prior to recordation of the subdivision final plat.

b. For Public, Commercial, Industrial, and Multi-Family (above duplexes) uses, a Fire Protection Service Plan based on standards per the applicable fire code shall be submitted.

Exempt from the fee shall be a lot or parcel within the proposed subdivision, which is improved with a habitable residence in standard condition.

2. Fee usage is intended to provide fire protection within the fire service area in which the property that paid the fee is located. Within those fire service areas where a water distribution system exists or is planned for extension, the fees are to be used for the purchase and associated installation costs of fire hydrants. The fees are not to be used for the extension of water lines, nor hydrant operation, maintenance and repair costs.

Within fire service areas where no water distribution system exists nor is planned to be extended, the fees may be used to purchase fire pumper and tanker trucks, and equipment that meets the applicable National Fire Protection Association (NFPA) standards.

3. One-half of the fire impact fee of $375 per lot shall be paid prior to recordation of the subdivision final plat. The remaining one-half of the fee of $375 shall be paid at the time of zoning authorization for a building permit for each lot in the subdivision. A Notice of Fire Impact Fee statement indicating that a $375 per lot Fire Impact Fee shall be due at time of zoning authorization for a building permit and collected by the Department of Planning and Development shall be placed on the final plat. A Notice of Fire Impact Fee statement letter for the subdivision stating a $375 per lot Fire Impact Fee shall be due at time of zoning authorization for a building permit and collected by the Department of Planning and Development, shall be recorded concurrently with the subdivision final plat.

Fees are to be deposited to the fire protection fee impact account.

4. Disbursement of fire protection impact fees will be made by the Board. The Board may disburse fees upon written request to the appropriate fire district, metropolitan district, water district, or entity providing fire protection by contract or agreement.

If the fees are to be used for fire hydrants, the request shall include:

a. Map showing the location of existing hydrants and the location of hydrants proposed to be provided by the fees;

b. The purchase and installation costs of the proposed hydrants;

c. Time schedule for installation; and

d. Letter committing such additional funds as may be necessary to insure the completion of the project.

If the fees are to be used for a fire pumper, tanker truck, or NFPA equipment the request shall include:

a. The make, model and year of the pumper or tanker truck;

b. The source of such additional funds as may be necessary to insure the purchase of the pumper or tanker truck;

c. A listing of the specific NFPA equipment to be purchased.

The Board may disburse only those fees collected from properties that can reasonably be served by the proposed fire hydrant or truck.

The Department shall maintain a record, which may be in the form of a map, which provides the location of properties paying fees, fee amount paid, date of subdivision approval, and date of fee disbursement.