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Home My WebLink About1974- 2 for the Assessment, Levy and Collection of a Recreational Amenities Tax on the Construction of Buildings and the creation of a Recreational Amenities FundJ. ~ A . ,~ • ,~ ~ ~ ~ i ORDINANCE NO. 2 Series of 1974 AN ORDINANCE FOR THE ASSESSMENT, LEVY, AND COLLECTION OF A RECREATIONA L AMENITIES TAX ON THE CONSTRUCTION OF BUILDINGS AND THE CREATION OF A RECREATIONA L AMENITIES FUND. WHEREAS, the Town of Vail, Colorado, hereinaFter referred to as the "Town", was founded as a recreational facility and has developed into a preeminent resort and recreation community; WHEREAS, the rapid development of buildings and increase of population within the community has burdened the existing recreational faci Lities in the Town; WHEREAS, the Town Council of the Town considers it is necessary for the Town to provide additional recreational amenities in the Town to accommodate the influx of residents and visitors to the community; WHEREAS, the Town Council deems it necessary to create an additional source of revenue for the Town for the Funding of additional recreational amenities in 'the Town and to encourage developers to provide recreational facilities in private developments in the community; and WHEREAS, the existing ordinance, Ordinance No. 5, Series of 1973, creating a recreational fee was enacted prior to the adoption of the current Zoning Ordinance, Ordinance No. 8, Series of 1973, which modified the zoning districts of the Town, and the Fee is predicated in part on the zoning district in which a building is constructed; said Ordinance No. 5 allows a period of six months after the issuance of the building permit for payment of the Fee, which has resulted in serious difficulty for the Town in collecting the Fee and precluded the Town From obtaining the revenue at the time it was needed; and said Ordinance No. 5 has other deficiencies which require that it be superceded by a more comprehensive ordinance which among other things provides for a tax credit; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCI L OF THE TOWN OF VAI L, COLORADO, AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Recreational Amenities Tax Ordinance" . Section 2 . Definitions . For purposes of this ordinance the following definitions shall apply: A. Building: As defined in the Uniform Building Code, Town Code of Vail, Title V, Chapter 1, as amended. :'.~ ~ • ~ • B. Building permit: As defined in the Uniform Building Code, Town Code of Vail, Title V, Chapter 1, as amended. C. Building Official: As defined in the Uniform Building Code, Town Code of Vail, Title V, Chapter 1, as amended. D. Zoning district: As defined in the Zoning Ordinance, Ordinance No. 8, Series of 1973, Town of Vail, Colorado, as amended. E. Floor area: As defined in the Zoning Ordinance, Ordinance No. 8, Series of 1973, Town of Vail, Colorado, as amended. F. Other designated Town official; An official designated by the Town Manager. Section 3. Levying of recreational amenities tax. The recreational amenities tax as provided in this ordinance shall be levied by the Town for the construction or enlargement of each building in the Town after the effective date hereof for which a building permit is required From the Building Official upon the person, corporation, or entity applying for the building permit; this tax shall be levied one time only and is not an annual tax . Section 4. Tax assessment. For buildings constructed in the various zoning districts of the Town the tax on each building shall be assessed after the filing of an application for a building permit by the Building Official or other designated Town official in accordance with the Following schedule: Zoning District Tax rate per square foot of floor area L) SFR $. LO 2) R , l5 3) LDMF .25 4) MDMF .50 5) HDMF .75 6) PA .75 7) CCI .75 8) CC2 .75 91 CSC .75 10) HS . 75 11) A .10 12) SDI .25 through .75 Section 5. Tax credit for recreational amenities included in a private development. In the event the plans for a building or enlargement which are submitted to the Building Official in conjunction with an application For a building permit include recreational amenities within said development the person, corporation, or entity applying for said building permit may request from the Building Official or other designated Town official a tax credit relating to the recreational amenities tax assessed against said development; provided, however, that with the approval of the Town Manager the aforesaid recreational amenities may be developed on public property rather than within said development. ~y . • ~ ~ ' Section 6. Types of recreational amenities considered For tax credit. Types of outdoor or indoor recreational amenities which shall be considered For tax credit are as follows; L) tennis court; paddle tennis court. 2) golf course; pitch and putt course; driving range; putting green. 3) footba t L field; baseba l L fie Ld; soccer field . 4) basketba L L court; vo L Leyba L l court; handba L L court. 5) ice skating rink; ice hockey rink: 6) swimming pool. 7) bicycle trail; pedestrian trail. 8) park; picnic area; playground. 9) amphitheater; theater; museum. 10) any other type determined by the Town Manager acting with reasonable discretion to be appropriate and beneFicial for the Town, its residents, and visitors. Section 7. Computation of tax credit; maximum credit allowed. A , Basic credit . The person, corporation, or entity upon which the tax is assessed shall be entitled to a basic credit of 50% of the cost of the recreational amenities included in the assessed development, provided that said credit shall not exceed 50% of the tax assessment. B. Additional credit. An additional credit against said tax in an amount not to exceed 50% of the tax assessment may be a L Lowed for satisfactory recreational amenities then needed by the Town within the reasonable discretion of the Building Official or other designated Town official in accordance with the following schedule: Criteria Considered Maximum credit L) Community need 5% 2) Public access 5% 3) Design of total project 5% 4) Quality of materials 5/° 5) Seasonal usability 5% 6) Coordination with The Vail Plan 5% 7) Ecological compatibility 5% 8) Open Space 5% 9) Landscaping 5% 10) Other pertinent factors 5% C. Maximum credit. Provided, however, that the maximum credit allowed under both subparagraphs A and B hereof shalt not exceed 75% of the tax assessment. D. Exclusion From tax credit. No tax credit shall be allowed with respect to a tax assess- ment for a building or enlargement constructed in zoning districts SFR, R, and A . .. • ~ • ~ • Section 8. Retroactive effect of tax credit. The tax credit provided herein shall apply retroactively to the recreational fees assessed under Ordinance No. 5, Series of 1973, Town of Vait, Colorado; and the effectuation oP this provision shall be carried out by the Building Official or other designated Town official regard Less of whether a party assessed with a recreational fee makes application for a tax credit thereon. Section 9. Payment of net tax due prior to issuance of building permit. The amount of tax assessed reduced by any tax credit relating thereto, to-wit the net tax due, shall be paid to the Department of Finance of the Town prior to the issuance of the building permit for the building or enlargement on which the tax assessment is predicated, and the payment of said net tax due is a prerequisite for the issuance of said building permit. Section 1O. Reevaluation of tax credit and net tax due prior to issuance of occupancy permit. In the event a tax credit was allowed, upon the Filing of an application for the occupancy permit for the building or enlargement on which the tax assessment is predicated, the Building Official or other designated Town official shalt reevaluate the tax credit and if said credit is increased or decreased will redetermine the net tax due; after such a redetermination, any additional tax due or any tax refund owing shalt be paid prior to the issuance of the occupancy permit, and said payment is a prerequisite for the issuance of said occupancy permit. Section 11 . Exempt entities. Government facilities, schools, hospitals, and churches are exempt from this tax. Section l2 . Recreational Amenities Fund . There is hereby created the Recreational Amenities Fund. ALl recreational amenities taxes collected pursuant to this ordinance shall be paid into said fund. The Finance Director of the Town shall maintain a special account for said fund. Section 13. Recreational Amenities Fund to be used only for recreational amenities . By resolution the Town Council shall appropriate available Funds from the Recreational Amenities Fund for the acquisition, development, or maintenance of land, buildings, or facilities in the Town to be used only for recreational purposes, including but not limited to such recreational amenities as parks, picnic areas, playgrounds, open land, athletic Fields, skating rinks, golf courses, tennis courts, handball courts , bicycle paths , pedestrian paths , and hiking trails . Section 14. Effective date . This ordinance shall take effect five days after publication following the final passage hereof. Section L5, Repeal of prior ordinances. Upon enactment of this ordinance, Ordinance No. 5, Series of 1973, of the Town of Vaii, Colorado, is thereby repealed, IT IS HEREBY CERTIFIED that cr. the 5th day of February, L974, this ordinance was introduced, read on first reading, approved, and ordered published once in full and a public hearing was scheduled at the regular meeting of the Town Council of the Town of Vail, Colorado, on the i9th day of February, 1974, at 7 :30 P . M . , i n the ~~ Municipal Building, ' INTRODUCED, READ ON SECOND READING, APPRO~/ED AS 'V HEREIN AMENDED AT A REGUL~4R MEETING OF THE TOWN COUNCIL, ENACTED, AND ORDERED PUBLISHED ONCE IN FULL, this l9th day of February, 1974, t M ay o r AT i~EST: if ~-vl~ Town C lerl~ ~ r r