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Unless expressly expected or exempted, this chapter applies to all fees imposed by the city to finance capital facilities, the need for which is created by new development, including, but not limited to:
(A) Sewer development charges;
(B) Water development charges;
(C) Electric, natural gas, and other utility development charges;
(D) Park and recreation expenses;
(E) Drainage expenses;
(F) Police and fire expenses; and
(G) Transportation improvement expenses.
(Ord. No. 14-2001, 8-15-01)
This chapter does not apply to:
(A) Taxes and special assessments;
(B) Fees for processing development applications;
(C) Fees for enforcement of or inspections pursuant to regulatory ordinances;
(D) Fees collected under development agreements;
(E) Fees imposed pursuant to a reimbursement agreement between the city and a property owner for that portion of the cost of a public facility paid for by the property owner which exceeds the need for the public facility attributable to, reasonably related to, and roughly proportional to the development;
(F) Fees to mitigate impacts on the environment; or
(G) Fees imposed, levied, or collected by other governmental agencies including subdivisions of the state and federal government.
(Ord. No. 14-2001, 8-15-01)
When used in this chapter, the following words, terms, and phrases, and their derivations, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"BENEFIT AREA." The geographic area within which impact fees are collected and expended for a particular type of capital improvement serving development projects within such area.
"CALCULATE." To determine the amount of impact fees to be imposed on a particular development project and includes an individualized determination showing a reasonable, and roughly proportional, relationship between:
(A) The fee's use and the type of development project on which the fee is imposed;
(B) Need for the public facility and the type of development project on which the fee is imposed; and
(C) The amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
"CAPITAL IMPROVEMENT." Land or facilities for the storage, treatment or distribution of water; for the collection, treatment, reclamation or disposal of sewage; for the collection and disposal of stormwaters; for flood-control purposes; for purposes of transportation and transit, including without limitation, streets, street lighting and traffic-control devices and supporting improvements, roads, overpasses, bridges, airports, and related facilities; for parks and recreational improvements; for public safety, including police and fire facilities; for public buildings of all kinds for the generation, transmission, and distribution of electricity and natural gas; and for any other capital project identified in the city capital improvements plan. "CAPITAL IMPROVEMENT" also includes design, engineering, inspection, testing, planning, legal, land acquisition, and all other costs associated with construction of a public facility.
"CAPITAL IMPROVEMENTS PLAN." The five-year plan for capital improvements adopted annually by the city council, and/or the sewer commission, describing the approximate location, size, time or availability and estimated cost of capital improvement projects and identifying sources of funding for capital improvements projects.
"CAPITAL IMPROVEMENTS PROJECT LIST." The list attached to the annual council resolution setting the base fee amount for each specific impact fee. The list shall describe the approximate location, size, time of availability and estimated cost of each capital improvement to be funded from a particular impact fee account.
"COLLECTION." The point at which the impact fee is actually paid to city.
"COMMITMENT." Earmarking impact fees to fund or partially fund capital improvements serving new development projects.
"NEW DEVELOPMENT or DEVELOPMENT PROJECT." Any project undertaken for the purpose of development, including without limitation, a project involving the issuance of a permit for construction, reconstruction, or change of use, but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, or improve an existing structure, which does not change the density or intensity of use, nor the rebuilding of a structure destroyed or damaged by an act of God.
"DWELLING UNIT." One or more rooms in a building or a portion of a room, designed or intended to be used, or actually used, for occupancy by one family for living and sleeping quarters and containing one kitchen only, including a mobile home, but not hotel or motel units.
"IMPACT FEE." A monetary exaction imposed by the city pursuant to this chapter as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the city's cost or repaying costs previously expended from other city funds for capital improvements.
"IMPOSE." To determine that a particular development project is subject to the collection of impact fees as a condition of development approval.
"NONRESIDENTIAL DEVELOPMENT PROJECT." All development other than residential development projects.
"RESIDENTIAL DEVELOPMENT PROJECT." Any development undertaken to create a new dwelling unit.
(Ord. No. 14-2001, 8-15-01)
(A) Prior to establishing or increasing any impact fee, the city council shall hold a public hearing.
(B) Notice of the time and place of the public hearing, including a general explanation of the matter to be considered, shall be published pursuant to KRS 424.130.
(C) At least ten (10) days prior to the public hearing, the city shall make available to the public the following:
(1) A description of the benefit area;
(2) Data showing the amount or the estimated amount of the impact fee; and
(3) A summary of the basis for the calculation of the impact fee amount.
(D) City council action to establish or increase any impact fee shall be taken only by ordinance or resolution containing findings which demonstrate the basis for calculating the fee.
(E) Any costs incurred by the city in preparing for and conducting the public hearing may be recovered as a part of the impact fees which are the subject of the hearing.
(Ord. No. 14-2001, 8-15-01)
(A) Except as limited by this chapter and any amendment to this chapter, the city may impose impact fees as a condition of approval of all new development projects.
(B) The base fee amount of each public facility impact fee for each type of development project may be calculated annually and adopted by city council resolution with the capital improvements project list.
(C) After an individualized determination that each fee has been calculated as provided in this chapter, impact fees shall be imposed prior to approval of any development permit or issuance of any building permit or certificate of occupancy, whichever is earlier.
(D) Impact fees shall be collected by the code enforcement officer at the time and as a condition for issuance of a building permit, except that impact fees for sewer development charges shall be collected by the utility at the time the new development connects to the utility system.
(E) The city council may require that developers provide security acceptable to the corporation counsel to guarantee payment of any impact fee imposed hereby.
(Ord. No. 14-2001, 8-15-01)
(A) A developer may choose to use an independent impact analysis to compute the impact fee due as a result of a development, solely at its own expense.
(B) The developer shall be responsible for the preparation of the draft independent impact analysis and the city may accept, reject, or modify the draft analysis.
(C) The city engineer shall approve the person or company which prepares the draft independent impact analysis on the basis of the person's or company's professional training and experience in preparing development impact analysis. The independent impact analysis shall follow standard methodologies and format and be approved by the city engineer. The city engineer may publish acceptable methodologies and formats for impact analysis. Prior to submission of the draft independent impact analysis, the developer shall meet with the city engineer to review the requirements for preparing drafting independent impact analysis. In the event that the city engineer is unable or unwilling to act as set out in this section, then the city administrator shall act in the place and stead of the city engineer.
(Ord. No. 14-2001, 8-15-01)
(A) For each benefit area designated by the city, the city shall establish an impact fee account for each type of capital improvement for which an impact fee is imposed. The impact fees collected shall be deposited in each such account according to type of improvement and benefit area. The funds of the account shall not be commingled with other funds of the city. Any account previously established for the deposit of funds which would have been developer impact fees under this chapter shall be deemed an impact fee account for the purposes of this chapter.
(B) Each impact fee account shall be interest bearing, and the accumulated interest shall become part of the account.
(Ord. No. 14-2001, 8-15-01)
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