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The impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits. It is intended to be consistent with and to further the objectives and policies of the General Plan, the Capital Improvements Plan, and other City policies, ordinances, and resolutions by which the City seeks to ensure the provisions of public facilities in conjunction with the development of land. In no event shall a property owner be obligated to pay for capital improvements in an amount in excess of the amount calculated pursuant to this Chapter; but, provided that a property owner may be required to pay, pursuant to City ordinances, regulations, or policies, for other taxes, assessments, hookup or connection fees, or project fees or improvements in addition to the impact fee for public facilities as specified herein.
(1979 Code § 12.40.150; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Construction By Property Owner: A property owner may elect to construct a capital improvement listed in the Capital Improvements Plan. If the property owner elects to make such improvement, the property owner must enter into an agreement with the City prior to issuance of any building permit. The agreement must establish the estimated cost of the improvement, the schedule for initiation and completion of the improvement, a requirement that the improvement be completed to City standards, and such other terms and conditions as deemed necessary by the City. The City must review the improvement plan, verify costs and time schedules, determine if the improvement is an eligible improvement, and determine the amount of the applicable credit for such improvement to be applied to the otherwise applicable impact fee prior to issuance of any building permit. In no event may the City provide a refund for a credit that is greater than the applicable impact fee.
B. Exception: No credits shall be given for the construction of local on-site facilities, or project improvements, required by zoning, subdivision, or other City regulations.
(1979 Code § 12.40.160; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Plan Required; Ordinance: An impact fee may be enacted by ordinance of the City Council under this Chapter only upon preparation and adoption of a Capital Facilities Plan meeting the substantive and procedural requirements of Utah Code Annotated section 11-36-201, as amended. The Capital Facilities Plan shall be reviewed by the Planning Commission, in order to determine compliance with the Ogden City General Plan, and its recommendations forwarded to the City Council. After adoption of the Capital Facilities Plan, the City Council may enact an impact fee by adoption of an ordinance, which shall contain the following:
1. Development service area designation. The City Council designates the development service area. The development subareas shall be infrastructure type specific and shall be indicated on a development service area map.
2. If not provided in the adopted Capital Facilities Plan, a description of the total costs for the public facility as used in calculating the impact fee using those costs allowable under subsection 11-36-202(c) of the Act.
3. The unit of measure.
4. The impact fee coefficient.
5. Any exemption for low income housing or other development activities with broad public purposes, and the designation of other sources of funds to pay for such exemption.
B. Interim Impact Fee; Establishment:
1. The Mayor is authorized and directed, whenever upon investigation he finds it necessary to impose interim impact fees until the various planning processes can be completed in order to assure the health, safety and welfare of the community, to establish and promulgate, by administrative order or executive order in writing filed with the City Recorder, temporary or interim impact fees which shall be imposed in the same manner described for impact fees under Section 7-9-4 of this Chapter. Interim impact fees shall be based upon an engineering estimate relating the interim impact fee to the impact of the development, in question, upon the particular infrastructure. The order shall state the basis of the engineering estimate by including the appropriate unit of measure, the impact fee coefficient, and a description of the development subarea, all of which shall be determined by using the principles and standards outlined in this Chapter.
2. Interim impact fees shall remain in force and effect until the development and enactment of the impact fee ordinance, at which time the interim impact fee shall be rescinded and replaced by the impact fees enacted in accordance with the provisions of this Chapter and the Act. Interim impact fees shall expire eighteen (18) months after its effective date unless extended or readopted by the Mayor upon a determination that the capital improvement is still needed and substantial progress toward development of the impact fee is being made. The payment of temporary or interim impact fees shall be applied to the impact fee finally adopted under subsection A of this Section, and any overpayment shall be refunded in the same manner as provided in Section 7-9-13 of this Chapter. Temporary impact fees are subject to the rights of appeal and refund as outlined in this Chapter.
3. Notwithstanding the above, no new impact fee shall be adopted as an interim impact fee, after July 1, 1995. Any impact fee originally established as a interim or temporary impact fee, prior to July 1, 1995, may be extended or readopted by the Mayor upon a determination that the public facility is still needed, substantial progress toward final enactment of the impact fee is being made, and more time is needed to complete the process, procedures and analysis necessary to enact the impact fee in accordance with the provisions of the Act; provided, that any such interim fee shall expire, if not enacted pursuant to the provisions of the Act by July 1, 1997.
(1979 Code § 12.40.170; Ord. 91-32, 8-15-1991; amd. Ord. 93-26, 6-22-1993; Ord. 97-24, 4-1-1997; 1999 Code)
The provisions of this Chapter are hereby found and declared to be in furtherance of the public health, safety, welfare, and convenience, and it shall be liberally construed to effectively carry out its purpose.
(1979 Code § 12.40.180; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)