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This Chapter shall be uniformly applicable to development activity that occurs within a designated development service area in accordance with any impact fee enacted pursuant to Section 7-9-17 of this Chapter.
(1979 Code § 12.40.030; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Required; Calculation, Verification: No building permit shall be issued for development activity in a designated development service area unless an enacted and in force impact fee is calculated and imposed pursuant to the provisions of this Chapter and the ordinance enacted pursuant to Section 7-9-12 of this Chapter. The Building Official shall forward any building permit application for development activity within a designated development service area to the City Engineer, who shall calculate and verify in writing the applicability of the impact fee ordinance, the method of calculation, and the total fee amount to be imposed by designated service area.
B. Proportionate Share: Impact fees shall not exceed the proportionate share of the costs of providing public facilities which are reasonably related to those development activities subject to the fees.
C. Previously Constructed Improvements: Impact fees also may include a proportionate assessment for public facility costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvement.
D. Standards And Guidelines Of Act: For any impact fee enacted after July 1, 1995, or for any impact fee, effective July 1, 1997, in analyzing whether or not the proportionate share of the costs of public facilities are reasonably related to the new development activity, the City shall comply with the standards and guidelines established under the Act.
E. Existing, Temporary Fees; Factors: Until July 1, 1997, for existing impact fees or temporary impact fees for public facilities approved prior to July 1, 1995, in determining the portion of capital improvement costs that will be funded through the imposition of any impact fee, the following factors shall be considered:
1. The need for new facilities to serve new development based on a capital improvements plan that shows: a) any deficiencies in existing facilities that serve existing development and the means by which existing development will be assessed and assessments used to make up such deficiencies; and b) any capital improvements that are attributable to the demands placed on specified facilities by new development;
2. The need for impact fees considering the availability of other means to fund capital improvements, including, but not limited to, user charges, taxes, intergovernmental transfers and other revenue, and special taxation or assessment districts;
3. The cost of existing capital improvements;
4. The method by which the existing capital improvements were financed;
5. The extent to which developments paying the impact fee already have contributed to the cost of the existing facility and the credit against impact fees that may be due therefrom;
6. The extent to which developments paying the impact fee will contribute to the cost of the existing facility in the future (i.e., user fees, debt payments, or proportion of future taxes reasonably expected to be used for any debt retirement of the existing facility) and the credit against impact fees that may be due therefrom;
7. The extent to which new development is required as a condition of approval to construct facilities that substantially benefit other development and the credit against impact fees that may be due therefrom; and
8. The time-price differential inherent in comparisons of amounts paid and benefits received at different times and the credit against or reduction in impact fees that may be due therefrom.
E. Use Of Revenues: Impact fee revenues may be used for new or enlarged capital improvement projects that will reasonably benefit anticipated future development as well as those developments that have paid the fee, as long as the fee represents the benefit received by the development being assessed.
F. New Developments: Impact fees that are assessed against new development shall be assessed in such a manner that any new development having the same impacts on capital facilities shall be assessed the same impact fee. This provision notwithstanding, the local governing body may contribute any part or all of the impact fee assessed against certain new development that achieves other policies, including, but not limited to, the provision of affordable housing and the retention of existing employment or the generation of new employment.
(1979 Code § 12.40.040; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Requirements: Development service areas are established as shown on the development service areas map within the ordinance enacting the impact fee. Such development service areas will be established consistent with any facility service areas established in the Capital Facilities Plan for each public facility. Such areas will provide a nexus between those paying the fees and benefits received to ensure that those developments paying impact fees receive substantial benefits.
B. Additional Areas; Considerations: Additional development service areas or combinations of all or parts of existing development service areas may be designated by the City Council as development service areas consistent with the procedure set forth in this Chapter. The City Council must consider the following factors in determining when and whether to add development service areas:
1. The general plan.
2. Any standards for adequate public facilities incorporated in the Capital Improvements Plan.
3. The projected full development as permitted by the Subdivision Title and the Zoning Title.
4. The need for and cost of unprogrammed capital improvements necessary to support projected development.
5. Such other factors as the City Council may deem relevant.
The principal reason for identifying a development service area or combination of development service areas is to ensure that development service areas projected to experience significant development in the future will be served adequately by necessary capital improvements.
(1979 Code § 12.40.050; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
As a part of the Capital Facilities Plan, each development service area shall have calculated for it upon an engineering or planning basis, the appropriate type of and total applicable units of measure in order to determine the development potential of the development service area. These calculations shall take into consideration:
A. Acreage available for development.
B. Current zoning of the respective service area.
C. Zoning Title.
D. Subdivision Title.
E. Topographic and geologic features affecting developability of the service area.
(1979 Code § 12.40.060; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
As a part of the Capital Improvements Plan, there shall be developed and maintained a capital improvements program which specifies the schedule by which capital improvements financed by impact fees under this Chapter will be installed.
(1979 Code § 12.40.070; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
The impact fee coefficients applicable to each of the various service areas shall be based upon the Capital Facilities Plan and the equitable distribution of the costs delineated within the Plan by dividing the cost of the specific public facility by the number of units of measure applicable to the respective service area.
(1979 Code § 12.40.080; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Determinations For Calculation: The City shall calculate the amount of the applicable impact fee due for each building permit, under the enacted impact fee ordinance, by:
1. Determining the applicable designated development service area;
2. Determining the types of uses within the development, if applicable;
3. Verifying the applicable type of units of measure for that service area for which each building permit is sought;
4. Verifying the applicable impact fee coefficient;
5. Determining the number of units of measure applicable to the particular development;
6. Multiplying the applicable impact fee coefficient by the number of the units of measure;
7. Applying any adjustments provided under subsection D of this Section.
B. Mixed Uses: If the development for which a building permit is sought contains a mix of uses which are subject to different units of measure or coefficients under the impact fee ordinance, the City must separately calculate the impact fee due for each type of development.
C. Nonbinding Impact Fee Estimate: Prior to making an application for building permit, an applicant may request a nonbinding impact fee estimate from the City, which estimate shall be based on the development potential of the particular site and through the same manner as provided above.
D. Adjustment Of Fee: The Director of the Public Works Department, upon recommendation of the City Engineer, may adjust the standard impact fee or the calculation of the amount of the impact fee at the time the fee is charged or imposed:
1. To respond to unusual circumstances in specific cases and ensure that the impact fees are imposed fairly; or
2. Based upon studies and data submitted by the developer indicating such adjustment is required to meet the intent of the provisions of this Chapter and the Act.
The basis for such adjustments shall be documented in writing. If the reasons presented for such adjustment indicate a need to adjust the impact fee coefficient or the applicable unit of measure under the standard impact fee, the City Engineer shall make recommendations to the City Council for such amendment to the impact fee ordinance.
(1979 Code § 12.40.090; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
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