(A) Three-year updates. No less than every three years, starting from the date of adoption of this chapter, the city will update the development fees adopted by this chapter and will have prepared an updated methodology report, which demonstrates appropriate development fee amounts, fee districts, and other appropriate land use classifications and criteria.
(B) Annual adjustments.
(1) Each year in which the city does not conduct an update, as described in division (A) above, the city may adjust the amount of each development fee to account for construction cost increases in the cost of providing public facilities, utilizing the most recent data from the Engineering News Record Construction Cost Index; the Consumer Price Index, and the County Assessor's office, as applicable. Such adjustments will have an effective date of July 1 of the appropriate year. Publication of the revised schedule will be made at least 60 days prior to the effective adjustment. The construction cost increase may not exceed five percent annually.
(2) The City Manager, through consultation with appropriate city staff and officials, may make the annual adjustment unless otherwise directed by official action of the City Council and follow the procedures as a minor amendment.
(C) Amendments:
(1) Major Amendments to the Infrastructure Improvements Plan. Except as provided in paragraph B of this Subsection, the adoption or amendment of an Infrastructure Improvement Plan shall occur at one or more public hearings according to the following schedule, and may occur concurrently with the adoption of an update of the City's Land Use Assumptions:
(a) Sixty days before the first public hearing regarding a new or updated Infrastructure Improvements Plan, the City shall provide public notice of the hearing and post the Infrastructure Improvements Plan and the underlying Land Use Assumptions on its website; the City shall additionally make available to the public the documents used to prepare the Infrastructure Improvements Plan and underlying Land Use Assumptions and the amount of any proposed changes to the Plan-Based Cost per equivalent dwelling unit.
(b) The City shall conduct a public hearing on the Infrastructure Improvements Plan and underlying Land Use Assumptions at least 30 days, but no more than 60 days, before approving or disapproving the Infrastructure Improvements Plan.
(2) Minor Amendments to the Infrastructure Improvements Plan. Notwithstanding the other requirements of this Section, the City may update the Infrastructure Improvements Plan and/or its underlying Land Use Assumptions without a public hearing if all of the following apply:
(a) The changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions will not add any new Category of Necessary Public Services to any Service Area.
(b) The changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions will not increase the Level of Service to be provided in any Service Area.
(c) Based on an analysis of the Fee Report and the City's adopted development impact fee schedules, the changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions would not, individually or cumulatively with other amendments undertaken pursuant to this Subsection, have caused a development impact fee in any Service Area to have been increased by more than five per cent above the development impact fee that is provided in the current development impact fee schedule.
(d) At least 30 days prior to the date that the any amendment pursuant to this Section is adopted, the City shall post the proposed amendments on the City website.
(D) Amendments to the Fee Report. Any adoption or amendment of a Fee Report and fee schedule shall occur at one or more public hearings according to the following schedule:
(1) The first public hearing on the Fee Report must be held at least 30 days after the adoption or approval of and Infrastructure Improvements Plan as provided in subsection A of this Section. The City must give at least 30 days notice prior to the hearing, provided that this notice may be given on the same day as the approval or disapproval of the Infrastructure Improvements Plan.
(2) The City shall make the Infrastructure Improvements Plan and underlying Land Use Assumptions available to the public on the City's website 30 days prior to the public hearing.
(3) The Fee Report may be adopted by the City no sooner than 30 days, and no later than 60 days, after the hearing described in Paragraph ((C)(1)) of this Subsection.
(4) The development fee schedules in the Fee Report adopted pursuant to this subsection shall become effective 75 days after adoption of the Fee Report by the [City/Town].
(Ord. 2006-006, passed 3-9-06; Am. Ord. 2009-012, passed 10-22-09; Am. Ord. 2012- 003, passed 5-10-12)