A. The town is authorized by law to set fees for permits issued under the town's building and other technical codes.

B. The building inspection division of the department of community development is the primary town department charged with the duty to process permit applications under the town's building and other technical codes, but other town departments and personnel, such as the engineering department, expend time in connection with the review of such applications. The time expended by all town personnel in reviewing such applications are part of the present Operational cost and future expansion of the building inspection division of the department of community development. Such costs are part of the overall costs required to operate such department.

C. On occasion the town incurs additional out-of-pocket expenses in connection with the review of an application for a permit under the town's building and other technical codes. Such expenses may include, without limitation, fees paid by the town to the town attorney and/or fees paid by the town to special counsel or special consultants. Such fees are part of the overall costs required to process the permit application for which they were incurred.

D. Pursuant to Bainbridge, Inc. v. The Board of County Commissioners of Douglas County, 964 P.2d 575 (Colo. App. 1998) the application fees that may lawfully be charged by the town for permits under the town's building and other technical codes may include both the direct and indirect costs of operating the building inspection division of the town's department of community development, as well as the other town departments and personnel which assist in the review of permit applications.

E. The permit fees established in this chapter are approximately required to offset the direct and indirect costs of operating the building inspection division of the department of community development and the cost to the town of actually processing building permit applications.

F. The application fees for building permits and plan reviews established by this chapter do not exceed the direct and indirect costs of operating the department of community development and the cost to the town of actually processing permit applications. (Ord. 38, Series 2019)