(A) Local impact fee obligation. After the effective date of this subchapter, any person, firm, or corporation who commences any development, except those exempted hereinafter, shall be obligated to pay local impact fees upon commencement of such activity. The amount of the fees shall be determined in accordance with this subchapter, and shall be paid to the city as provided hereinafter. All monies paid by a developer pursuant to this subchapter shall be identified as local water impact fees, and shall be promptly deposited into the Water Impact Fee Trust Fund described herein.
(B) Local impact fee collection. Effective July 23, 2019, the local impact fees imposed by this subchapter shall be collected in connection with, and as a condition to, the installation of a water meter serving the development, or of the connection to the water system, whichever comes first.
(C) Local impact fee calculation. Local impact fees shall be based on water meter size. The impact fees established hereinafter may be revised, from time to time, by the City Council; provided, such revisions are based upon the independent fee calculation study, or a subsequent independent fee calculation study.
(D) Fee determination.
(1) Schedule of fees. The Impact Fee Administrator shall determine the amount of the local water impact fees for residential uses based on the type, or size, of the water meter, and for non-residential uses, based on the size of the water meter using the following schedule:
Water Meter Size
|
Impact Fee
|
One inch | $2,500 |
Three-fourths inches | $1,300 |
Two inches | $5,000 |
(2) Redevelopment, reconstruction, change of use. In the event of a redevelopment, reconstruction, or change of use from an existing development, or use, the fee shall be the difference between what the fee would be for the entire redevelopment, or reconstruction, project, and what the fee would have been for the existing development, or use. Existing development must be connected to the water system at the time of redevelopment in order to apply this credit.
(3) Mixed use. If the proposed development includes a mix of the residential land uses, and/or non-residential meter sizes that are listed in the local impact fee schedule, the fee shall be determined by adding up the local water impact fees that would be applicable for each residential land use type, and/or non-residential meter size, as if it was freestanding land use type.
(4) Fire suppression/low pressure. It is the intent of this subchapter to base the local water impact fees on the typical usage in a new building, or other facility. Extinguishing of fires is not a typical usage; to allow adequate fire flow to sprinklers and internal hydrants at some large, and at-risk properties, it may be necessary, for fire protection purposes, to install a larger water meter than would be necessary to meet day-to-day needs to that facility. In addition, a larger meter may be required in areas of low water pressure than in areas of normal water pressure for the same type of use. In those cases, it is the policy of the city that the impact fees for water should be based on the meter size needed by the facility for its typical usage, without regard to fire-flow, or unusual pressure conditions.
(5) Irrigation. Any separate wastewater meter installed for irrigation purposes only shall not be included in the calculation of the local water impact fee.
(6) Master meters. In the event that a water master meter is utilized for any development, including multi-family or mixed use, the local water impact fees shall be based on the master meter size.
(7) Impact fee correction. If a local impact fee has been calculated, and paid, based on a mistake or misrepresentation, it shall be recalculated. Any amounts overpaid by a developer shall be refunded by the city within 30 days after the city’s acceptance of the recalculated amount, with accrued interest since the date of such overpayment. Any amounts underpaid by the developer shall be paid to the city within 30 days after the city’s acceptance of the recalculated amount, with accrued interest since the date of such underpayment. In the case of an underpayment to the city, the city shall not issue any additional permits, or approvals, for the development for which the local impact fee was previously paid until such underpayment is corrected, and if amounts owed to the city are not paid within such 30-day period, the city may also rescind any permits issued in reliance on the previous payment of such local impact fee, and refund such fee to the then current owner of the land.
(Ord. 2019-13, passed - -; Ord. 2019-13, passed 7-22-2019)