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(A) After hours’/emergency inspection. Thirty dollars ($30.00) per hour, with a one-hour minimum.
(B) Appeal of a City Official decision. Three hundred dollars ($300.00).
(C) Appeal of Planning Commission decision. Four hundred dollars ($400.00).
(D) Certificate of occupancy. Seventy-five dollars ($75.00).
(E) Certificate of occupancy - change of use involving on-site inspection. One hundred dollars ($100.00). Certificate of occupancy for change of use involving on-site inspection, if no plans are required by the Building Official.
(F) Certificate of occupancy - partial. Twenty-five dollars ($25.00) for 30-day duration.
(G) Conditional use. Two hundred dollars ($200.00).
(H) Copies.
(1) Drainage manual (copies): $100.00.
(2) Zoning regulations (copies): $40.00.
(3) Subdivision regulations (copies): $30.00.
(4) Storm water regulations (copies): $30.00.
(I) Demolition permit.
(1) Demolition of any single-family residential structure: $50.00.
(2) Demolition of multi-family residential, commercial, or industrial structure: $50.00 plus 1% of job cost up to $10,000.00 plus 0.5% of job cost up to $10,001.00 to $20,000.00 plus 0.25% of job cost up to $20,001.00 and above.
(J) Fence permit. Twenty-five dollars ($25.00).
(K) Final plat/as-built plans (large scale development, subdivision and PUD). Two hundred fifty dollars ($250.00) plus:
(1) Professional review fees and costs: For large scale development as-built plans and closeout, a nonrefundable fee of $600.00. For final plat as-built plans and closeout, a nonrefundable fee of $30.00 per lot. In the event that professional review fees and costs exceed fee list above, the owners and/or developers shall reimburse the city for all additional expenses incurred.
(L) Grading permit.
(1) Grading permit for small sites (one acre or less): Fifty dollars ($50.00).
(2) Grading permit for large sites (more than one acre): Fifty dollars ($50.00) plus 1% of job cost up to $10,000.00 plus 0.5% of job cost up to $10,001.00 to $20,000.00 plus 0.25% of job cost up to $20,001.00 and above.
(M) Home occupation permit. Fifty dollars ($50.00).
(N) Informal plat (minor subdivision, incidental subdivision, administrative plat). Three hundred and fifty dollars ($350.00).
(O) Large scale development. Five hundred dollars ($500.00), plus:
(1) Professional review fees and costs:
(a) For large scale developments under two acres, a nonrefundable fee of $600.00.
(b) For large scale developments two acres or greater, a nonrefundable fee of $1,200.00.
(c) In the event that professional review fees and costs exceed fees list above, the owners and/or developers shall reimburse the city for all additional expenses incurred.
(P) Lot splits. Three hundred fifty dollars ($350.00).
(Q) Moving permit. Three hundred dollars ($300.00). (Moving of building or structure. Additional highway permits may be required).
(R) Outdoor food vendor. Three hundred dollars ($300.00).
(S) Planned unit development. Five hundred dollars ($500.00), plus:
(1) Professional review fees and costs: For PUDs, a nonrefundable fee of $100.00 per lot. In the event that professional review fees and costs exceed fee list above, the owners and/or developers shall reimburse the city for all additional expenses incurred.
(T) Preliminary plat. Five hundred dollars ($500.00) up to ten lots, and an additional $10.00 per each lot for preliminary plats containing more than ten lots, plus:
(1) Professional review fees and costs: For preliminary plats, a nonrefundable fee of $100.00 per lot. In the event that professional review fees and costs exceed fee list above, the owners and/or developers shall reimburse the city for all additional expenses incurred.
(U) Professional review fees and costs.
(1) For all development that does not have a specified nonrefundable professional review fee (including, but not limited to lot splits, rezoning requests, waivers, variances, conditional use permits, grading permits), the nonrefundable submittal fee adopted for that specific process, shall be used to cover the review of the development by the city and its contract professional staff.
(2) In the event that professional review fees and costs exceed the nonrefundable submittal fee amount, the owners and/or developer shall reimburse the city for all additional expenses incurred.
(V) Road cut, jacking or boring permit. Two hundred dollars ($200.00).
(W) Re-zoning request. Four hundred dollars ($400.00).
(X) Re-plat.
(1) Five hundred dollars, ($500.00) plus: Professional review fees and costs (applicable only to replats with more than five lots being replatted, and that require engineering review): For re-plats, a nonrefundable fee of $100 per lot. In the event that professional review fees and costs exceed fee list above, the owners and/or developers shall reimburse the city for all additional expenses incurred.
(Y) Sign permit. One hundred dollars ($100.00) plus 1% of job cost up to $5,000.00 plus 0.5% of job cost up to $5,001.00 to $10,000.00 plus 0.25% of job cost up to $10,001.00 and above. Subject to surcharge detailed in § 155.02.
(1) Signs temporary in nature that are intended to be displayed for less than 30 days will not require permitting.
(2) Signs temporary in nature that will be displayed for greater than 30 days will be $50.00.
(Z) Solicitor/peddler permit. Forty dollars ($40.00).
(1) Permit for principal peddler/solicitor. No peddling or solicitation shall be conducted within the city without a principal permit being issued and fees shall be paid before any peddling or soliciting is conducted within the city. The permit shall expire on December 31 in the year the permit is issued. In addition to the principal's permit, the principal must also comply with the city's business license requirements under Chapter 110. To obtain a permit, a representative of the principal shall provide a written, signed application stating:
(a) The name, address, telephone number, type of organization, and contact person for the principal applicant;
(b) The nature of the products or services involved;
(c) The proposed method of operation in the city; and
(d) A list of persons who will peddle or solicit in the city on behalf of the principal in the city.
(2) Permit for agents of principal peddler/solicitor. In addition to the principal permit, each peddler or solicitor acting for the principal shall also obtain a permit from the city before peddling or soliciting within the city. The cost to obtain a peddler/solicitor permit is $5.00 for each agent assisting the principal peddler/solicitor. In applying for the permit, each applicant shall provide the same information as required by the principal peddler/solicitor found above.
(3) Soliciting without a permit. The penalty for violation of soliciting/peddling without a permit shall be punishable pursuant to § 116.99.
(AA) Vacate permit. One hundred twenty-five dollars ($125.00).
(BB) Variance/waiver request. One hundred twenty-five dollars ($125.00).
(CC) Revisions of plats. Each revised plat submitted shall be regarded as a new plat and shall be subject to the appropriate fees as required within this section.
(DD) Transfer of fees. Fees are not transferable or refundable. The Building Official reserves the right to apply prepaid fees to certain lot splits, sketch plans or plat revisions; provided that the revised portions of the lot splits, sketch plans or plats have not been reviewed prior to the submittal of the revision.
(EE) Building permits.
(1) Building permit. The city determines the valuation of a structure using the ICC Building Valuation Data Table. A copy of the table is available on the International Building Code's website at www.iccsafe.orp/cs/techservices. The valuation table is updated every six months to provide an up-to-date "average" construction cost per square foot. For construction of new single family residential dwellings, the permit fee will be calculated based on heated square feet. Once the valuation is determined, the following table is used to calculate permit fees:
(a) Twenty-eight dollars and seventy-five cents fee ($28.75) for any valuation of a structure that is $3,000.00 or less.
(b) Twenty-eight dollars and seventy-five cents fee ($28.75) for the first $3,000.00 plus $5.75 for each additional thousand or fraction thereof, to and including $50,000.00, for any valuation of a structure that is from $3,000.01 to $50,000.00.
(c) Two hundred ninety-nine dollar fee ($299.00) for the first $50,000.00 plus $4.60 for each additional thousand or fraction thereof, to and including $100,000.00, for any valuation of a structure that is from $50,000.01 to $100,000.00.
(d) Five hundred twenty-nine dollars fee ($529.00) for the first $100,000.00 plus $3.45 for each additional thousand or fraction thereof, to and including $500,000.00, for any valuation of a structure that is from $100,000.01 to $500,000.00.
(e) One thousand, nine hundred nine dollars fee ($1,909.00) for the first $500,000.00 plus $2.30 for each additional thousand or fraction thereof, for any valuation of a structure in excess of $500,000.00.
(f) Water and sewer tap and access fees. Prior to the issuance of a building permit, all tap and access fees for the project site must be paid in full.
(g) Residential single family building permit. The purchase of a building permit for a residential single family home shall include the cost of all necessary permits to complete the construction as presented on the approved plans. Individual contractors must obtain permits for plumbing, electrical, mechanical and fence work. However, these permits will be issued at no charge if associated with a current building permit.
(h) Permit box. Ten dollars ($10.00). All building permits (commercial or residential) shall require the purchase of a permit box.
(2) If work for which a permit is required by Chapter 152, Subdivisions, is started or proceeded with, prior to obtaining said permit or other approvals required by ordinance, the fees specified herein and elsewhere in the Code of Ordinances shall be doubled, but the payment of such doubled fee shall not relieve any persons from fully complying with the requirements of Chapter 152 and all applicable in the execution of the work, nor from any other penalties prescribed therein.
(3) Plan checking fees. When the valuation of the proposed construction is for a commercial use and exceeds $1,000.00, and a plan is required to be submitted by the Code of Ordinances, a plan checking fee shall be paid to the Inspection Department at the time of submitting plans and specifications for checking. Residential plan checking fees apply to single family dwellings with a valuation of $500,000.00 or more. Said plan checking fee shall be equal to one-half of the building permit as set forth in the code.
(4) Miscellaneous commercial permits. Shell commercial structures will receive a final building permit upon approval of completion of the shell building and associated systems. Tenant improvement permits and interior remodeling permits will be issued based on the permit and plan checking fee schedule.
(5) Miscellaneous residential and agricultural zoned accessory building permits. Permit fees for sheds, pole barns, unattached garages and other like structures will be calculated using the following guidelines: for a structure without any utilities (plumbing, electrical or HVAC) consisting of pole type, wood or steel frame construction without a concrete floor, the permit fee shall be calculated at 25% of the square foot cost using the most current ICC building valuation data for utility group and VB construction type, not including the suggested 20% deduction for shell only buildings. Permit fees for structures with a concrete floor and wood or steel frame construction with no utilities shall be calculated at 35% of the ICC valuation using the same group and construction type. Permit fees for buildings with a concrete floor and wood or steel frame that include any utilities, (plumbing, electrical, HVAC) will be calculated at 45% of the ICC valuation.
(6) Additions to commercial or residential buildings. Fees for additions to commercial and residential buildings will be regarded as new construction for fee purposes.
(7) Replacement inspection cards/boxes. Inspection cards are required to be posted on- site for most residential and commercial building projects. If it is required, the city provides a card with a permit box at the time the permit is issued. The cards must be present in order for the Building Inspector to complete an inspection. In the event that the inspection card is lost, a replacement card/box may be issued for a fee of $50.00.
(8) Subcontractor stickers. Subcontractor stickers are issued at the time the subcontractor pulls the required permit. These stickers are to be placed on the permit box. Subcontractor stickers must be present in order for the Building Inspector to complete an inspection for that portion of the project. In the event that the subcontractor sticker is lost, a replacement sticker may be issued for a fee of $25.00.
(FF) Electrical permit. Seventy-five dollars ($75.00) on residential and $50.00 on commercial plus 1% of job cost up to $10,000.00 plus 0.5% of job cost up to $10,001.00 to $20,00.00 plus 0.25% of job cost up to $20,001.00 and above.
(GG) Extension of permit. Fifty dollars ($50.00) extension for 180-day duration.
(HH) Mechanical permit. Seventy-five dollars ($75.00) on residential and $50 on commercial plus 1% of job cost up to $10,000.00 plus 0.5% of job cost up to $10,001.00 to $20,000.00 plus 0.25% of job cost up to $20,001.00 and above.
(II) Plumbing permit. Seventy-five dollars ($75.00) on residential and $50.00 on commercial plus 1 % of job cost up to $10,000.00 plus 0.5% of job cost up to $10,001.00 to $20,000.00 plus 0.25% of job cost up to $20,001.00 and above.
(JJ) Re-inspection. With the purchase of any permit, the first inspection will be free of charge. The first re-inspection will be $55.00, and every subsequential re-inspection will double the amount of the previous fee with a maximum amount of $220.00.
(KK) Driveway permit. Seventy-five dollars ($75.00).
(Ord. 60, passed 11-4-75; Am. Ord. 122, passed 3-3-98; Am. Ord. 2006-10-273, passed 10-3-06; Am. Ord. 2007-06-293, passed 6-5-07; Am. Ord. 2008-02-306, passed 2-5-08; Am. Ord. 2008-06-314, passed 6-3-08; Am. Ord. 2008-08-319, passed 8-5-08; Am. Ord. 2010-07-358, passed 7-6-10; Am. Ord. 2010-10-359, passed 10-5-10; Am. Ord. 2011-07-377, passed 7-5-11; Am. Ord. 2011-08-379, passed 8-2-11; Am. Ord. 2013-08-436, passed 8-6-13; Am. Ord. 2013-10-446, passed 10-1-13; Am. Ord. 2014-05-466, passed 5-6-14; Am. Ord. 2014-11-483, passed 11-4-14; Am. Ord. 2015-07-530, passed 7-21-15; Am. Ord. 2015- 07-531, passed 7-21-15; Am. Ord. 2016-08-595, passed 9-3-16; Am. Ord. 2018-05-789, passed 5-1-18; Am. Ord. 2018-08-798, passed 8-6-18; Am. Ord. 2020-02-874, passed 2-4-20; Am. Ord. 2022-05-990, passed 5-3-22; Am. Ord. 2022-06-993, passed 6-7-22; Am. Ord. 2023-03-1042, passed 3-21-23; Am. Ord. 2024-06-1114, passed 6-18-24)
(A) Pursuant to the Arkansas Construction Industry Craft Training Act, A.C. § 6-55-101 et seq., it is the intent of the state to promote a coordinated effort between the construction industry and the vocational and technical schools and colleges to enhance the availability and the competence of the work force supporting the industry by instituting a craft training program.
(B) Pursuant to A.C. § 6-55-106, the state requires a surcharge in the amount of $0.50 per each $1,000.00 of construction authorized on any nonresidential construction permit issued by any political subdivision of the state imposed to support the Arkansas Construction Industry Craft Training Program. The maximum surcharge for any construction project permitted shall be $1,000.00.
(C) This surcharge is intended to be included in any charges to an applicant for a nonresidential permit and will be reflected in the application for any nonresidential permit.
(D) This surcharge is intended to follow A.C. § 6-55-101 et seq., and will be amended to reflect any amendment to the surcharge found in A.C. § 6-55-106 if said statute is amended.
(Ord. 2010-05-354, passed 5-4-10; Am. Ord. 2014-05-466, passed 5-6-14; Am. Ord. 2018-05-789, passed 5-1-18; Am. Ord. 2018-08-798, passed 8-6-18)
The provisions of this section shall apply to all of the territory within the jurisdiction of the City of Tontitown.
(A) Definitions. When used in this section, the terms listed below shall have the following meanings unless the context requires otherwise. Singular terms shall include their plural.
CITY. The City of Tontitown, Arkansas or its authorized representative.
CITY COUNCIL. The governing body of the incorporated City of Tontitown.
ELIGIBLE IMPROVEMENTS. Improvements that enhance the capacity of the transportation or public safety system, including planning, engineering, acquisition, and construction, and are included in the city's current capital improvements plan, but does not include the operation, maintenance, repair, or replacement of existing improvements, provided that replacement of an existing improvement or facility with a new improvement or facility of greater capacity shall be partially eligible based on the increase in capacity. Turn lanes or other improvements at the entrance to a new development needed to accommodate the development shall be the responsibility of the developer and shall not be eligible for credit against the transportation impact fees.
INDUSTRIAL. A facility primarily intended for the production or assembly of goods, processing of foods, mining of raw materials, or similar activities. Typical uses include factories, welding shops, wholesale bakeries, and water and wastewater treatment plants.
MINI-WAREHOUSE. An enclosed storage facility containing independent, fully enclosed bays that are leased to persons for storage of their household goods or personal property.
MULTI-FAMILY. A building containing two or more dwelling units. It includes duplexes, apartments, residential condominiums, townhouses, and timeshares.
OFFICE. A building exclusively containing establishments providing executive, management, administrative, financial, medical or professional services, and which may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, or childcare facilities. It may be the upper floors of a multi-story office building, excluding ground floor retail uses. Typical uses include offices for medical services, real estate, insurance, property management, investment, employment, travel, advertising, secretarial, data processing, telephone answering, telephone marketing, music, radio and television recording and broadcasting studios; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; and business offices of private companies, utility companies, trade associations, unions and nonprofit organizations. This category does not include an administrative office that is ancillary to the primary use of the site.
PUBLIC/INSTITUTIONAL. A governmental, quasi-public or institutional use, or a nonprofit recreational use, not located in a shopping center or separately listed in the impact fee schedule. Typical uses include schools, colleges, day care centers, hospitals, nursing homes, churches, prisons, city halls, courthouses, post offices, jails, libraries, fire stations, museums, military bases, airports, bus stations, parks and playgrounds.
PUBLIC SAFETY SYSTEM. The set of eligible police and fire protection facilities, land, and capital equipment owned and operated by the city.
RETAIL/COMMERCIAL. An integrated group of commercial establishments planned, developed, owned or managed as a unit, or a free-standing retail or commercial use. A retail or commercial use shall mean the use of a building or structure primarily for the sale to the public of nonprofessional services, or goods or foods that have not been made, assembled or otherwise changed in ways generally associated with manufacturing or basic food processing in the same building or structure. This category includes but is not limited to all uses located in shopping centers and the following typical types of free- standing uses: amusement park, bank, camera shop, car wash, convenience store, department store, discount store, florist shop, health or fitness club, hobby/toy/game shop, hotel, laundromat, laundry or drycleaning, lawn and garden supply store, motel, movie theater, music store, newsstand, racetrack, recreation facility, restaurant, service station, spa, specialty retail shop, used merchandise store, variety store, or vehicle and equipment rental.
SINGLE FAMILY DETACHED. A building containing only one dwelling unit, including a mobile or manufactured home.
TECHNICAL REPORT. The "City of Tontitown Transportation and Public Safety Impact Fee Study" prepared by Duncan Associates in March 2024, or a subsequent similar study, which serves as the basis for the calculation of the transportation and public safety impact fees and is hereby adopted and incorporated by reference.
TRANSPORTATION SYSTEM. The set of existing collector and arterial roadways owned and operated by the city, including but not limited to associated right-of-way, drainage structures, traffic signals, turn lanes, sidewalks, and multi-use paths.
WAREHOUSE. An establishment primarily engaged in the display, storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment. Typical uses include wholesale distributors, storage warehouses, moving and storage firms, trucking and shipping operations and major mail processing centers.
(B) Fee assessment and collection.
(1) No building permit shall be issued until the applicable transportation and public safety impact fees have been paid according to the following schedule. These represent 100% of the maximum fees calculated in the technical report. The fees will be adjusted annually to account for cost inflation, as provided in division (B)(2).
Land Use Type | Unit | Transportation | Public Safety | Total |
Land Use Type | Unit | Transportation | Public Safety | Total |
Single family detached | Dwelling | $3,397 | $2,399 | $5,796 |
Multi-family | Dwelling | $2,432 | $1,933 | $4,365 |
Retail/commercial | 1,000 sq. ft. | $4,455 | $3,115 | $7,570 |
Office | 1,000 sq. ft. | $3,677 | $1,772 | $5,449 |
Industrial | 1,000 sq. ft. | $1,331 | $376 | $1,707 |
Warehouse | 1,000 sq. ft. | $674 | $304 | $978 |
Mini-warehouse | 1,000 sq. ft. | $570 | $161 | $731 |
Public/institutional | 1,000 sq. ft. | $1,637 | $841 | $2,478 |
(2) To account for cost inflation, effective July 1 of each year following the year of adoption, the impact fees shall be multiplied by the ratio of the Engineering News-Record's Construction Cost Index for the most recent month for which it is available to the index for the same month from the previous year. If the cited index is no longer available, an equivalent index shall be used. The calculation and assessment of the inflation-adjusted fees shall be done administratively, and shall not require approval by the City Council.
(3) In the event of the replacement of a building or land use with a larger building or more intensive land use, the applicable impact fee shall be the difference between the fees for the existing and replacement building or land use.
(4) In the event that the proposed land use is not clear from the schedule set forth in division (B)(1) above and the associated definitions of the land use categories in division (A), the city shall determine the most appropriate impact fee category.
(5) The amount of the fees due will be net of the value of available credits pursuant to division (E) requested at time of payment.
(6) Publicly-owned improvements shall be exempt from payment of transportation and public safety impact fees.
(C) Accounting and expenditure of funds.
(1) For both transportation and public safety, special interest-bearing impact fee accounts that are distinct from the general fund of the city are created, and the impact fees received shall be deposited in the appropriate account, along with accrued interest. No other revenues or funds shall be deposited in the impact fee account.
(2) The funds in the transportation and public safety impact fee accounts shall be used only for the following purposes:
(a) To acquire or construct eligible improvements;
(b) To pay debt service on the portion of any current or future general obligation bond or loan used to finance eligible improvements and attributable to additional capacity available to serve new transportation or public safety demand.
(c) To pay fees to an independent qualified professional, who is not an employee of the city, for the preparation or updating of the technical report; or
(d) To make refunds pursuant to division (D).
(3) The city shall maintain accurate records of each impact fee paid, including the name of the person paying the fee, the tax parcel number and address for which the fee was paid, the date of payment, and the amount received in payment.
(D) Refunds.
(1) Excess fees paid due to errors by the city, or fees not spent within seven (7) years after the date on which the fee was paid, shall be eligible for refund according to the following provisions. Money in each impact fee account shall be considered to be spent in the order collected on a first-in/first- out basis.
(2) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected.
(3) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date on which the error was determined by the city to have occurred, or a refund of fees not spent within seven years was determined to be due. The sending by regular mail of the notices to the present owners of record shall be sufficient to satisfy the requirement of notice.
(4) The notified party must apply for the refund not later than thirty (30) days after the date the notice was sent.
(5) The refund shall be paid in full not later than thirty (30) days after the date the application for the refund is received by the city.
(E) Credits.
(1) An applicant may obtain credit for up to 100% of impact fees otherwise due or to become due by offering to dedicate land and/or construct eligible improvements. To receive a credit, applicants must file an impact fee credit application and provide required information and documentation as required by this section or as determined necessary by the city. Any claim to utilize credits must be made no later than the time of payment of the impact fee. Credits shall expire if not used within seven years of the date of creation. Credits shall only be available for use against fees otherwise due for the development project for which the dedication or improvement is made, and shall not be transferrable to another development project, unless otherwise provided in the credit agreement.
(2) An offer to make capital improvements or dedicate land in lieu of paying impact fees shall be made in an application filed with the city identifying the capital improvements and/or land dedications for which credits are requested. The applicant shall specify the dollar amount of the credit requested. The credit claimed by the applicant as the basis for the credit requested shall be no more than fair market value as determined by the city. It is the obligation of the applicant to submit documentation to the satisfaction of the city that supports the amount of the credit requested and indicates the basis on which the amount requested was calculated.
(3) If the city accepts such an offer, the credit shall be determined and provided in the following manner.
(a) The city shall determine credits for the dedication of land on the following values: 115% of the most recent assessed value for purposes of property taxation; or at the option of the applicant, by fair market value determined by the city, based on an appraisal accepted by the city.
(b) The city shall determine credits for the construction of a capital improvement from the engineering criteria and construction cost estimates as provided by the applicant and accepted by the city.
(4) Once the city has made a credit determination, a credit agreement shall be provided to the applicant. The applicant shall sign and date the agreement and return the document to the city, which shall be binding on the applicant as to the terms and conditions of the credit.
(5) Once the amount and terms of the credit are determined, credits for land dedication will be provided following delivery of a fully executed deed or other appropriate conveyance document, and acceptance of the dedication by the City Council. Credits for construction will be made upon completion in compliance with all applicable local state and federal design specifications, laws and regulations and acceptance by the City Council.
(6) Any person who offers land and/or improvements in exchange for credits may withdraw the offer of dedication at any time prior to the transfer of legal title to the land or improvements in question and pay the full impact fees required by this section.
(Ord. 2024-04-1108, passed 4-16-24)
The provisions of this section shall apply to all of the territory within the jurisdiction of the City of Tontitown and areas outside of the city's jurisdiction where the city provides water and wastewater service.
(A) Definitions. When used in this section, the terms listed below shall have the following meanings unless the context requires otherwise. Singular terms shall include their plural.
CITY. The City of Tontitown, Arkansas or its authorized representative.
CITY COUNCIL. The governing body of the incorporated City of Tontitown.
ELIGIBLE IMPROVEMENTS. Improvements that enhance the capacity of the water or wastewater system, including planning, engineering, acquisition, construction and interest on debt incurred to finance capital improvements, but does not include the operation, maintenance, replacement, or repair of existing improvements. ELIGIBLE IMPROVEMENTS do not include water distribution lines of less than eight inches in diameter, wastewater gravity lines of less than eight inches in diameter, or wastewater force mains of less than six inches in diameter. A replacement of an existing improvement or facility with a new improvement or facility of greater capacity shall be partially eligible based on the increase in capacity.
TECHNICAL REPORT. The "City of Tontitown Water and Wastewater Impact Fee Study" prepared by Duncan Associates in March 2023 and adopted by the city, or a subsequent similar study, which serves as the basis for the calculation of the water and wastewater impact fees and is hereby adopted and incorporated by reference.
WASTEWATER SYSTEM. The set of eligible wastewater collection facilities owned and operated by the city.
WATER SYSTEM. The set of eligible water distribution facilities owned and operated by the city.
(B) Fee assessment and collection.
(1) No water meter shall be installed or wastewater connection made until the applicable water and wastewater impact fees have been paid based on the size of the water meter according to the following schedule. These represent 50% of the maximum fees calculated in the Technical Report. The fees will be adjusted annually to account for cost inflation, as provided in division (B)(2).
Meter size | Water | Wastewater |
5/8" x 3/4" | $2,320 | $1,744 |
1" | $6,960 | $5,230 |
2" | $23,200 | $17,430 |
(2) To account for cost inflation, effective July 1 of each year following the year of adoption, the impact fees shall be multiplied by the ratio of the Engineering News-Record's Construction Cost Index for the most recent month for which it is available to the index for the same month from the previous year. If the cited index is no longer available, an equivalent index shall be used. The calculation and assessment of the inflation-adjusted fees shall be done administratively, and shall not require approval by the City Council.
(3) In the event of the replacement of an existing water meter with a larger one, the applicable impact fee shall be the difference between the fees for the two meter sizes.
(4) In the event that the proposed water meter size is not shown in the schedule set forth in division (B)(1) above, the city shall calculate the appropriate impact fee using the same methodology used in the Technical Report.
(5) No wastewater impact fee shall be assessed for meters that are dedicated exclusively for irrigation purposes.
(6) The amount of the fees due will be net of the value of available credits pursuant to division (E) requested at time of payment.
(C) Accounting and expenditure of funds.
(1) For both water and wastewater, a special interest-bearing impact fee account that is distinct from the general fund of the city is created, and the impact fees received shall be deposited in the special account, along with accrued interest. No other revenues or funds shall be deposited in the impact fee account.
(2) The funds in the water and wastewater impact fee accounts shall be used only for the following purposes:
(a) To acquire or construct eligible improvements;
(b) To pay debt service on the portion of any current or future general obligation bond or revenue bond used to finance eligible improvements and attributable to excess capacity available to serve new water or wastewater customers;
(c) To pay fees to an independent qualified professional, who is not an employee of the city, for the preparation or updating of the Technical Report; or
(d) To make refunds pursuant to division (D) of this section.
(3) The city shall maintain accurate records of each impact fee paid, including the name of the person paying the fee, the tax parcel number and address for which the fee was paid, the date of payment, and the amount received in payment.
(D) Refunds.
(1) Fees not spent within seven years after the date on which the fee was paid shall be eligible for refund according to the following provisions. Money in each impact fee account shall be considered to be spent in the order collected on a first-in/first-out basis.
(2) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected.
(3) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than 30 days after the date on which the refund becomes due.
(4) The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice.
(5) The refund shall be made on a pro rata basis.
(6) The refund shall be paid in full not later than 90 days after the date certain upon which the refund becomes due.
(E) Credits.
(1) An applicant may obtain credit for up to 100% of impact fees otherwise due or to become due by offering to dedicate land and/or construct eligible improvements. To receive a credit, applicants must file an impact fee credit application and provide required information and documentation as required by this section or as determined necessary by the city. Any claim to utilize credits must be made no later than the time of payment of the impact fee. Credits shall expire if not used within seven years of the date of creation. Credits shall only be available for use against fees otherwise due for the development project for which the dedication or improvement is made, and shall not be transferrable to another development project, unless otherwise provided in the credit agreement.
(2) An offer to make capital improvements or dedicate land in lieu of paying impact fees shall be made in an application filed with the city identifying the capital improvements and/or land dedications for which credits are requested. The applicant shall specify the dollar amount of the credit requested. The credit claimed by the applicant as the basis for the credit requested shall be no more than fair market value as determined by the city. It is the obligation of the applicant to submit documentation to the satisfaction of the city that supports the amount of the credit requested and indicates the basis on which the amount requested was calculated.
(3) lf the city accepts such an offer, the credit shall be determined and provided in the following manner.
(a) The city shall determine credits for the dedication of land on the following values: 115% of the most recent assessed value for purposes of property taxation; or at the option of the applicant, by fair market value determined by the city, based on an appraisal accepted by the city.
(b) The city shall determine credits for the construction of a capital improvement from the engineering criteria and construction cost estimates as provided by the applicant and accepted by the city.
(4) Once the city has made a credit determination, a credit agreement shall be provided to the applicant. The applicant shall sign and date the agreement and return the document to the city, which shall be binding on the applicant as to the terms and conditions of the credit.
(5) Once the amount and terms of the credit are determined, credits for land dedication will be provided following delivery of a fully executed deed or other appropriate conveyance document, and acceptance of the dedication by the City Council. Credits for construction will be made upon completion in compliance with all applicable local state and federal design specifications, laws and regulations and acceptance by the City Council.
(6) Any person who offers land and/or improvements in exchange for credits may withdraw the offer of dedication at any time prior to the transfer of legal title to the land or improvements in question and pay the full impact fees required by this section.
(F) Appeals. Any determination made by an official of the city charged with the administration of any part of this section may be appealed to the City Council by filing with the Clerk within 15 days of the date of the determination being appealed: (1) a written notice of appeal on a form provided by the city; (2) a written explanation of why the appellant feels that a determination was in error; and (3) an appeal fee established by the city, if any. The City Council shall promptly fix a time and place for hearing the appeal, and the City Clerk or designee shall mail notice of the hearing to the appellant at the address given in the notice of appeal by first-class mail postage prepaid. The hearing shall be conducted at the time and place stated in such notice given by the City Council. The determination of the City Council shall be the final administrative determination of the city.
(Ord. 2024-12-1125, passed 12-17-24)