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The Camden City Council hereby declares that:
(A) Adequate parks and recreation facilities, fire protection, and municipal facilities and equipment are vital and necessary to the health, safety, welfare, and prosperity of the city and its citizens. Substantial growth and new construction are taking place within the city and is anticipated to continue. This growth creates substantial need for new infrastructure capacity. Meeting these needs is very costly; however, failure to do so will result in an inadequate system of facilities and equipment to accommodate anticipated demand. This would make the city a less desirable place to live and do business and be detrimental to the health, safety, welfare, and prosperity of the city and its citizens.
(B) To the extent that future growth and new construction in the city place demands on parks and recreation facilities, fire protection, and municipal facilities and equipment those demands and needs should be met by shifting a portion of the capital costs for providing new capacity to serve new development, which creates, in whole or in part, these demands and needs.
(C) By Resolution #2022-029 dated August 23,2022, the City Council directed the Planning Commission to conduct the necessary studies and develop a recommended development impact fee ordinance in accordance with the requirements of the Act.
(D) The Planning Commission recommended to City Council a Development Impact Fee Study Report for Camden dated September 12, 2023, a City of Camden Capital Improvements Plan with projects eligible for impact fee funding dated September 12, 2023, and a Housing Affordability Analysis in Support of a Development Impact Fee Study Report in Camden dated September 12, 2023, each of which have been adopted by the City Council, as modified.
(E) This chapter is enacted to implement the findings and recommendations of the Development Impact Fee Study Report for Camden and endorse the list of capital projects eligible for impact fee-funding in the City of Camden Capital Improvements Plan.
(F) The development impact fees (as defined herein) prescribed in this chapter are equitable, do not impose an unfair or disproportionate burden on developers and new construction, and are in the best interests of the general welfare of the city and its citizens.
(G) New facilities or equipment eligible for impact fee funding will benefit all new development or redevelopment in city limits. Therefore, it is appropriate to treat the entire city as one service area for calculating, collecting, and spending development impact fees.
(H) This chapter provides the procedures for timely processing of applications for determination of appropriate development impact fees applicable to all development inside city limits subject to the development impact fees, and for the timely processing of applications for individual assessment of development impact fees, credits, or reimbursements allowed or paid.
(I) The maximum allowable parks and recreation development impact fees determined in the Development Impact Fee Study Report for Camden has been reduced by 20% for the General Development Impact Fee Schedule summarized in Exhibit A attached to Ord. 2023-027, setting the fees at 80% of the maximum amount to provide a reasonable fee for residential investment and to ensure that the development impact fees collected do not exceed the cost to provide capital facilities that accommodate new development.
(J) The maximum allowable fire protection development impact fees determined in the Development Impact Fee Study Report for Camden has been reduced by 20% for the General Development Impact Fee Schedule summarized in Exhibit A of Ord. 2023-027, setting the fees at 80% of the maximum amount to provide a reasonable fee for residential and non-residential investments and to ensure that the development impact fees collected do not exceed the cost to provide capital facilities that accommodate new development.
(K) The maximum allowable municipal facilities and equipment development impact fee determined in the Development Impact Fee Study Report for Camden has been reduced by 20% for the General Development Impact Fee Schedule summarized in Exhibit A of Ord. 2023-027, setting the fees at 80% of the maximum amount to provide a reasonable fee for residential and non-residential investments and to ensure that the development impact fees collected do not exceed the cost to provide capital facilities and equipment that accommodate new development.
(L) Property for which a valid building permit (as defined herein) has been issued prior to the effective date of this chapter shall not be subject to new or updated development impact fees.
(Ord. 2023-027, passed 10-24-23)
The following definitions apply within this chapter consistent with the provisions set forth in the Act, or as it may be amended in the future. Where terms are not defined, the definitions used in the City of Camden Code of Ordinances shall apply.
“AFFORDABLE HOUSING.” Housing that is affordable to families whose incomes do not exceed 80% of the median income for the service zone established for the city.
“BUILDING PERMIT.” A permit issued by the city permitting the construction of a building or structure within city limits.
“CAPITAL IMPROVEMENT.” Improvements with a useful life of five years or more, by new construction or other action, which increase the service capacity of the public facility. Public facilities for the purpose of this chapter include parks and recreation facilities and equipment; fire protection facilities, vehicles, and equipment; and municipal facilities, vehicles, and equipment.
“CAPITAL IMPROVEMENTS PLAN (CIP).” A multi-year planning tool used to identify capital projects and coordinate financing and implementation. The CIP also identifies capital improvements for which development impact fees may be used as a funding source.
“CERTIFICATE OF OCCUPANCY.” A certificate allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with the City of Camden Code of Ordinances and all other applicable regulations.
“CREDITS.” Development impact fee deductions allowed to a fee payor for eligible off-site improvements funded by the fee payor.
“DEVELOPER.” An individual, corporation, partnership, or other legal entity undertaking new development.
“DEVELOPMENT.” Construction or installation of a new building or structure, or a change in use of an existing building or structure, any of which creates additional demand and need for public facilities (i.e., parks and recreation, fire protection, or municipal facilities and equipment). A building or structure shall include, but not be limited to, modular buildings and manufactured housing. Development does not include alterations made to existing single-family homes.
“DEVELOPMENT IMPACT FEE.” Collectively or individually, the Fire Protection Impact Fee, the Municipal Facilities and Equipment Impact Fee, and the Parks and Recreation Impact Fee, which constitute a financial payment imposed as a condition of issuing a building permit or development approval to pay a proportionate share of the cost of public facilities needed to accommodate future growth within the city for parks and recreation facilities, fire protection, and municipal facilities and equipment.
“FEE PAYOR.” Any person that pays or is required to pay a development impact fee.
“FIRE PROTECTION IMPACT FEE.” A payment of money imposed as a condition of approval to pay a proportionate share of the cost of fire protection facilities identified to serve new development.
“FIRE PROTECTION FACILITIES.” The system improvements of the facilities for the city's Fire Department, as identified in the Capital Improvements Plan.
“HOUSING AFFORDABILITY ANALYSIS.” The analysis entitled Housing Affordability Analysis in Support of a Development Impact Fee Study in Camden, dated September 12, 2023 and on file with City Planning and Development Department and available upon request.
“IMPACT FEE STUDY.” The study entitled Development Impact Fee Study Report for Camden dated September 12, 2023, and on file with the City Planning and Development Department and available upon request.
“MUNICIPAL FACILITIES AND EQUIPMENT IMPACT FEE.” A payment of money imposed as a condition of issuing a building permit or development approval to pay a proportionate share of the cost for municipal facilities identified to serve new development.
“OFF-SITE IMPROVEMENTS.” Capital improvements located outside of the boundaries of a development that are required to serve the development's demands and needs.
“PARKS AND RECREATION IMPACT FEE.” A payment of money imposed as a condition of issuing a building permit or development approval to pay a proportionate share of the cost for parks and recreation facilities identified to serve new development.
“PARKS AND RECREATION FACILITIES.” The system improvements of the facilities for the city's parkland recreation facilities, parks and recreation amenities, trails, and open space, as identified in the Capital Improvements Plan.
“PUBLIC FACILITIES.” Includes all fire protection facilities, municipal facilities, and parks and recreation facilities identified in the Capital Improvements Plan as described in § 104.05 hereof.
“SQUARE FEET (s.f.).” As referred to in Exhibit A of Ord. 2023-027, means the sum (in square feet) of the area of each floor level, including cellars, basements, mezzanines, penthouses, corridors, lobbies, stores and offices, that are within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all areas that have floor surfaces with clear standing head room (measured six foot, six inches minimum) regardless of their use. If a ground-level area of a building, or part thereof, within the principal outside faces of the exterior walls is not enclosed, this square footage definition considers it part of the overall square footage for the building. However, unroofed areas and unenclosed roofed-over spaces, except those contained within the principle outside faces of exterior walls, should be excluded from the area measurement. The area of any parking garage within a building shall not be included in the area measurement.
“SYSTEM IMPROVEMENT.” A capital improvement to a public facility that is designed to provide service to a service area.
“SYSTEM IMPROVEMENT COSTS.” The costs incurred for construction and reconstruction of system improvements, including design, acquisition, engineering, and other costs attributable to the system improvements, and also including the cost of providing additional public facilities needed to serve new growth and development. System improvement costs do not include:
(1) Construction, acquisition, or expansion of public facilities other than capital improvements eligible for impact fee funding that are identified in the Capital Improvements Plan;
(2) Repair, operation, or maintenance of existing or new capital improvements;
(3) Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards;
(4) Upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development;
(5) Administrative and operating costs of the governmental entity; or
(6) Principle payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the governmental entity to finance capital improvements eligible for impact fee funding that are identified in the City of Camden Capital Improvements Plan.
“TRUST ACCOUNT.” Collectively or individually, the Parks and Recreation Impact Fee Trust Account, the Fire Protection Impact Fee Trust Account, and the Municipal Facilities and Equipment Impact Fee Trust Account, in which Fire Protection Impact Fees, the Municipal Facilities and Equipment Impact Fees, and the Parks and Recreation Impact Fees, respectively, are to be deposited as imposed and collected.
(Ord. 2023-027, passed 10-24-23)
(A) This chapter is based upon the conclusions and recommendations presented in the Development Impact Fee Study Report for Camden City of Camden Capital Improvements Plan, and Housing Affordability Analysis in Support of a Development Impact Fee Study in Camden prepared consistent with the provisions set forth in the Act and adopted by City Council on . All three documents are on file in the City Planning and Development Department and are incorporated into this chapter by reference.
(B) All development impact fees collected pursuant to this chapter shall be used to implement any or all of the public facilities deemed eligible for impact fee funding identified in the City of Camden Capital Improvements Plan as prioritized therein.
(Ord. 2023-027, passed 10-24-23)
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