(A) The systems development fee is intended to apply to all residential construction and to all reconstruction, alteration, modification, and additions which create additional dwelling units unless otherwise exempted under this section.
(B) The systems development fee is intended to apply to any intensification of use or the building of all new nonresidential construction and to additional building area due to reconstruction, alteration, modification, and additional nonresidential buildings.
(C) Square footage shall be determined by adding the number of square feet of space on each floor or level.
(D) The fees imposed by this subchapter shall not be applicable to those legal parcels on which a structure was previously situated but which was destroyed by fire or other natural disaster, or which was removed or demolished, provided:
(1) That a building permit to rebuild is obtained within one year of the destruction, demolition or removal of the structure.
(2) That the permit to rebuild is obtained by the owner and/or developer of record as of the date of the destruction, demolition or removal of the structure.
(3) That the exemption will apply only to the extent that the permit to rebuild is for the same number or fewer dwelling units (or, in the case of nonresidential uses, the same number of square feet) as previously existed. The fees imposed by this subchapter shall be applied to the extent that the permit is for more units (or more square feet) than previously existed.
(E) Total System Development cost is equal to the sum of Construction Cost, Soft Cost and Government Cost. For purposes of project reimbursement, soft costs are limited to 35% of actual verified construction costs.
(F) System Development Fees are intended to represent new impacts on city facilities. The City Council has the ability to allow for fee credits of certain fee categories to match actual project related impacts on facilities. Reductions should always be supported by written evidence which illustrates the project demands on City Infrastructure for a given project. This might include using actual vehicle trip data to suggest a lower transportation impact fee or actual flow data to lower water, sewer or storm drainage fees. The Owner and/or developer shall present evidence to the city demonstrating the new project demand estimates which in turn will be reviewed by the City Engineer and City Manager. The City Manager will make a recommendation to the City Council on the requested fee reduction which will be reflected by a City Council vote on the proposal which will recorded by minute action.
(G) Deferral of System Development Fees shall be approved by the City Council and shall include the requirement for a deposit, payment of an administrative expense and payment of a reasonable rate of interest for the portion of the fee which is deferred. The deferment and interest and any outstanding administrative expenses shall be paid prior to the final building inspection and the entire deferment agreement shall be recorded as a lien against the property to which the deferment is sought.
(Ord. 2015-016, passed 10-27-15)