A. The town is authorized by law to set application fees for permits under the town's development code and subdivision standards.

B. The department of community development is the primary town department charged with the duty to process permit applications under the town's development code and subdivision standards; but other town departments and personnel, such as the engineering department and the town manager, expend time in connection with the review of such applications. The time expended by all town personnel in reviewing such applications is part of the present operational cost and future expansion 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 development or subdivision permit. 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) (cert. denied) the application fees which may lawfully be charged by the town for permits under the town's development code and subdivision standards may include both the direct and indirect costs of operating the town's department of community development, as well as the other town departments and personnel which assist in the review of development permit and subdivision permit applications.

E. The application fees for development permits and subdivision permits established by this chapter are approximately required to offset some (but not all) of the direct and indirect costs of operating the department of community development and the cost to the town of actually processing development and subdivision permit applications; such fees do not exceed such direct and indirect costs. (Ord. 18, Series 1999)