2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL DISTRICT ACT (§§ 32-1-101 — 32-1-1807) › Article 1 - SPECIAL DISTRICT PROVISIONS (§§ 32-1-101 — 32-1-1807) › Part 10 - GENERAL POWERS (§§ 32-1-1001 — 32-1-1009) › Section 32-1-1007 - [Effective 8/7/2024] Ambulance districts - additional powers - special provisions

(1)
In addition to the powers specified in section
32-1-1001
, the board of any ambulance district, unless provided in section
32-1-1002 (1)(c)
or
32-1-1003 (1)(b)
, has the following powers for and on behalf of such district:
(a)
To own, maintain, and operate ambulances and other vehicles and equipment necessary for the provision of emergency medical services in said district;
(b)
To provide emergency medical services by employees of the district, to provide a voluntary ambulance service, and to make contracts with individuals, partnerships, associations, or corporations or with other political subdivisions of the state or any combination thereof. For the purpose of this subsection (1)(b), "voluntary ambulance service" means an ambulance service which is operating not for pecuniary profit or financial gain and no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors, or officers.
(c)
(I)
To impose an impact fee on the construction of new buildings, structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries pursuant to a schedule that is:
(A)
Legislatively adopted;
(B)
Generally applicable to a broad class of property; and
(C)
Intended to defray the projected impacts on capital facilities caused by the proposed construction.
(II)
A district shall quantify the reasonable impacts of proposed construction on existing capital facilities and establish the impact fee at a level no greater than necessary to defray such impacts directly related to the proposed construction. An impact fee shall not be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed construction.
(III)
Any schedule of impact fees adopted by a district pursuant to this subsection (1)(c) must include provisions to ensure that no individual landowner is required to provide any site specific dedication or improvement to meet the same need for capital facilities for which the impact fee is imposed.
(IV)
No later than sixty calendar days before adopting an impact fee schedule pursuant to this subsection (1)(c), a district shall notify the clerk of every municipality or county that includes territory that is wholly or partly located within the district's jurisdictional boundaries and that may be impacted by the proposed impact fee schedule of the district's intent to adopt the schedule and provide a reasonable opportunity for the municipality or county to submit written comments regarding the schedule of impact fees to the board of the district.
(V)
An impact fee imposed pursuant to this subsection (1)(c) must be collected and accounted for in the same manner as a land development charge is required to be collected and accounted for pursuant to part 8 of article 1 of title 29.
(VI)
An impact fee shall not be imposed on any construction of new buildings, structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries, for which an individual or entity has submitted a completed application for a development permit to an approving local government prior to the adoption of a schedule of impact fees by the district pursuant to this subsection (1)(c). A district shall not collect an impact fee before the issuance of a building permit by the approving local government. The approving local government shall notify the district of the issuance of a building permit for the construction of new buildings, structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries at the time of issuance.
(VII)
Any person or entity that owns or has an interest in land that is or becomes subject to a schedule of impact fees imposed by a district pursuant to this subsection (1)(c) shall, by receiving a building permit from the approving local government, have standing to file an action for declaratory judgment to determine whether the impact fee schedule complies with the provisions of this subsection (1)(c). A person or entity with standing who believes that a district has improperly applied an impact fee schedule pursuant to this subsection (1)(c) to the construction of any new buildings, structures, facilities, or improvements, including oil or gas well and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries may pay the fee imposed and proceed with construction without prejudice to the person or entity's right to challenge the impact fee imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that the district has either imposed an impact fee on construction that is not subject to the adopted schedule of impact fees or improperly calculated the impact fee amount, it may enter judgment in favor of the person or entity for the amount of any impact fee wrongfully collected with interest thereon from the date of collection.
(VIII)
As used in this subsection (1)(c):
(A)
"Capital facility" means any improvement or facility that is directly related to any service that a district is authorized to provide, has an estimated useful life of five years or longer, and is required by the bylaws, rules, or regulations of a district, as adopted by the board of the district.
(B)
"Local government" has the same meaning as set forth in section 29-20-103 (1.5).
(IX)
Notwithstanding the provisions of this section, an ambulance district may waive an impact fee or other similar development charge on the development of low- or moderate-income housing or affordable employee housing as defined by the ambulance district.
(2)
An ambulance district may be composed of only one county of the state or a portion thereof or two or more contiguous counties of the state or portions thereof, and the district shall consist of contiguous territory within such county or counties. No ambulance district shall be established in any area in which there is a fire protection district or a health service district that is providing an ambulance service or in any municipality that is providing an ambulance service.
Amended by 2024 Ch. 230,§ 4, eff. 8/7/2024.
L. 83: Entire section added, p. 412, § 6, effective June 1. L. 96: (2) amended, p. 474, § 16, effective July 1.
2024 Ch. 230, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.