A. Authority: The City Council is hereby authorized to establish and require exactions as a condition of granting subdivision plat approval and/or as a condition of the issuance of a building permit from an individual or a developer when the proposed development will impact any public facility.
B. Definitions:
EXACTION: An in-kind contribution or donation (i.e., construction of sidewalk, granting of easements, etc.).
IMPACT FEE: Direct fees assessed to cover public facilities improvements costs.
C. Determination: In order to protect and provide for the health, safety, and general welfare of the residents, reasonable infrastructure exactions may be required of individuals and developers based upon existing infrastructure or lack of infrastructure in the area in which the construction is proposed in order to provide adequate public facilities necessary to service new development, the need for such facilities having been created by the new development.
D. Method Of Assessing: The City Council may establish exaction requirements by resolution based on infrastructure needs to adequately provide for the health, safety and general welfare of the citizens. Exaction determination shall be made by the City Council on a case-by-case basis of which public facility improvements shall be required, which shall include, but not be limited to, water, sewer, electric, fire hydrants, streets, sidewalks, curbs and storm drainage.
E. Annexation Exactions: A condition of annexation shall not be limited to, but may include an exaction of water rights based on the equivalent residential connection usage formula as adopted by resolution. (Ord. 96-147, 6-18-1996)