Affordable Housing Linkage Fees
On May 1, 2018 the City Council adopted changes to the affordable housing commercial linkage fee, also known as the affordable housing capital facility impact fee. There are three key changes:
- Fees will be increasing over the next 3 years for non-residential development.
- Qualified non-profits are eligible for reduced rates beginning in 2019.
- Developments that propose affordable commercial space are eligible for reduced rates beginning in 2019.
Fee changes for non-residential development
Starting on Jan 1, 2019, impact fees for affordable housing will increase. The rate changes will be phased in over 3 years. The table below shows what the rates will be for each calendar year from 2018 to 2021. These fees apply on the date the building permit application is submitted.
Table 2: Impact Fee Rates for Nonresidential Uses
Impact Fee Rates Per Square
Foot of Nonresidential Floor Area
Qualified non-profits are eligible for reduced rates
A new broad class has been established titled “Public and Civic Uses”. These owners of new commercial development are eligible for rates that will not be subject to the increases shown in the table above. A new fee table has been established in the code for these uses. To be eligible as a public or civic use the following criteria must be met:
- The public or civic use qualifies as an exempt person under the provisions of Section 3-2-7, “Exempt Person,” B.R.C. 1981, and holds and maintains an exempt institution license, under 3-17-4, “Exempt Institution License,” B.R.C. 1981; and
- The public or civic use has a mission that will predominately and directly serve the needs of Boulder County residents, employees, or visitors.
The city will develop application guidance prior to Jan 1, 2019 to assist eligible uses in submitting the documentation necessary to be eligible for these new rates. The materials will be included in the applications and forms database on the Planning & Development Services website ( www.boulderplandevelop.net )
Developments that propose affordable commercial space are eligible for reduced rates beginning in 2019.
A new broad class has been established titled “Affordable Commercial”. These owners of new commercial space that choose to restrict commercial space to be “affordable” are eligible for rates that will not be subject to the increases shown in the table above. A new fee table has been established in the code for these uses. To be eligible as an affordable commercial use the applicant must obtain approval of the city council to use the affordable commercial rates. The rate may be applied to the development if the city council finds the public interest is adequately served and the affordable commercial rate will assist in the provision of affordable commercial uses or facilities that will benefit the public. Any such decision by the city council is at its discretion and legislative in nature.
Additional detail and guidance on a future affordable commercial space program is to be determined.