CHAPTER 9
PUBLIC FACILITIES AND IMPACT FEES
PUBLIC FACILITIES AND IMPACT FEES
SECTION:
7-9-1: Intent
7-9-2: Definitions
7-9-3: Applicability Of Impact Fee
7-9-4: Imposition Of Impact Fee
7-9-5: Establishment Of Development Service Areas
7-9-6: Development Potential (By Development Service Area)
7-9-7: Capital Improvements Program
7-9-8: Impact Fee Coefficients (By Development Service Area)
7-9-9: Calculation Of Impact Fee
7-9-10: Impact Fee Challenges Or Appeals
7-9-11: Administration Of Impact Fee
7-9-12: Bonding For Capital Improvement Projects
7-9-13: Refunds
7-9-14: Effect On Zoning And Subdivision Regulations
7-9-15: Impact Fee As Additional And Supplemental Requirement
7-9-16: Credits
7-9-17: Impact Fee Adoption Process
7-9-18: Liberal Construction
This Chapter is intended to authorize the imposition, collection and administration of impact fees in order to finance public facilities, the demand for which is generated by new development activity in designated service areas. Only needs created by new development in the designated service areas may be financed by impact fees. It is the intention of the City that any impact fees authorized herein shall be imposed and administered in a manner consistent with the provisions of Utah Code Annotated title 11, chapter 36, Impact Fees Act.
(1979 Code § 12.40.010; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
In addition to the definitions provided under the Act, the following words and terms shall have the following meanings as used in this Chapter, unless another meaning is plainly intended:
BUILDING PERMIT: The permit required for new construction and additions pursuant to Section 16-2-2 of this Code.
CAPITAL BUDGET: That part of the City's annual budget dedicated to financing capital improvements.
CAPITAL FACILITIES PLAN: The Plan required by Utah Code Annotated section 11-36-201, as amended. It also may refer to the "capital improvements plan", adopted and approved by the Ogden City Council, to the extent such plan addresses the needs of development activity in designated development service areas and meets the requirements of a plan under section 11-36-201 of the Act.
CAPITAL IMPROVEMENTS OR CAPITAL FACILITIES: Facilities or infrastructure which are treated as capitalized expenses according to generally accepting accounting principles and are identified in the Capital Improvements Plan as improvements intended to be made in the future to assure the provision of those levels of service to be provided throughout the City in order to accommodate future and existing development and does not include cost associated with the operation, administration or minor maintenance of capital improvements. "Capital facilities" may include "public facilities", as defined in this Section.
CAPITAL IMPROVEMENTS PROGRAM: The adopted schedule of capital improvements to be undertaken, the projected year or month in which they will be undertaken, the estimated time and cost of construction, and other necessary features.
DEVELOPMENT ACTIVITY: Any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities and that requires issuance of a building permit.
DEVELOPMENT SUBAREA MAP OR DEVELOPMENT SERVICE AREA MAP: A map of development subareas or service areas in which impact fees are to be imposed.
DEVELOPMENT SUBAREAS OR DEVELOPMENT SERVICE AREAS: A geographic area designated by the City Council on the basis of sound planning or engineering principles in which a defined set of public facilities provide service within the area.
IMPACT FEE: A payment of money imposed upon development activity as a condition of development approval. "Impact fee" does not mean a tax, a special assessment, a building permit fee, a hookup fee, a fee for project improvements, or other reasonable permit or application fee.
IMPACT FEE COEFFICIENT: The charge per applicable unit of measure as calculated for each designated development service area by dividing total public facility costs by the total number of applicable units of measure projected for that service area.
PUBLIC FACILITIES: A. The following capital facilities, that may be financed in whole or in part by the imposition of impact fees, and that have a life expectancy of ten (10) or more years and are owned or operated by or on behalf of the City:
1. Water rights and water supply, treatment, and distribution facilities;
2. Wastewater collection and treatment facilities;
3. Storm water, drainage, and flood control facilities;
4. Municipal power facilities;
5. Roadway facilities;
6. Parks, recreation facilities, open space, and trails; and
7. Public safety facilities.
B. "Public facilities" shall not mean or include the operation, administration or maintenance of any public facility or capital facility.
SUBDIVISION ORDINANCES: The subdivision ordinances as adopted as Title 14 of this Code.
THE ACT: The Impact Fee Act of the State of Utah, Utah Code Annotated title 11, chapter 36, as amended.
UNIT OF MEASURE: That basic gauging unit which can be quantified for measuring the impact of development on the infrastructure in question, and which can provide a fair and equitable method of assessing the demands for expanded infrastructure. Units of measure can relate to the amounts of property, improvements to property, or the inflow/outflow of people, products, or waste, depending on the particular type of infrastructure; and may include, but shall not be limited to, the following measuring devices:
A. Acres of property;
B. Square feet of hard surface;
C. Gallons per day;
D. Trips generated;
E. Square feet of floor area; or
F. Number of living units.
ZONING DISTRICTS: Those areas designated on the Zoning Map, adopted under the Zoning Title as being reserved for specific land uses, subject to development and use regulations specified in the Zoning Title.
ZONING ORDINANCES: The zoning ordinances, as adopted as Title 15 of this Code.
(1979 Code § 12.40.020; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
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