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HomeMy Public PortalAboutORD-CC-2018-07ORDINANCE #2018-07 AN ORDINANCE TO AMEND MOAB MUNICIPAL CODE SECTION 13.25.020 APPLICABILITY, TIME OF PAYMENT, AND EXEMPTIONS, TO SPECIFY THAT IMPACT FEES FOR SEWER AND WATER SHALL BE COLLECTED AT ISSUANCE OF BUILDING PERMITS The following findings describe the intent and purpose of this ordinance: a. The City has enacted Chapter 13.00, Water and Sewer Impact Fees, to establish the applicability of payment, time of payment, and exemptions from water and sewer impact fees. b. From time to time the City undertakes to revise its ordinances to improve quality of land development and clarify unclear language to remove unsatisfactory processes. c. The City has reviewed the timing for the payment of water and sewer impact fees and determined that payment at the time of issuance of a building permit is more appropriate than at the issuance of the certificate of occupancy. d. The City Council reviewed the code amendments on April 10, 2018, and found that the code amendments are necessary to ensure that impact fees are paid in a timely manner. e. The City finds that this ordinance will serve the public health, safety, and welfare, and that adoption is in the best interests of the Moab community. f. Council ordains that Ordinance #2018-07 is hereby adopted and the specified code sections are amended as stated below. Moab Municipal Code Section 13.25.020 Applicability, time of payment, and exemptions. Paragraph A that reads, A. Impact fees shall apply to all new development within the service areas defined by Section 13.25.030 unless expressly exempted by the provisions of this chapter. Impact fees are payable in full upon the following: 1. At the time a certificate of occupancy in the case of new construction, redevelopment, or remodeling for a change in use of structures already connected to municipal water or sewer services; 2. At the time the dwelling or structure is physically connected to municipal water or sewer service in the case of new construction; or 3. As governed by any impact fee agreement duly executed and approved in accordance with the provisions of this chapter; SHALL BE AMENDED TO READ: A. Impact fees shall apply to all new development within the service areas defined by Section 13.25.030 unless expressly exempted by the provisions of this chapter. Impact fees are payable in full upon the following: 1. At the time a building permit is issued for new construction, redevelopment, or remodeling for a change in use of structures already connected to municipal water or sewer services; or 2. At the time specified by any impact fee agreement or pre -annexation agreement duly executed and approved between the property owner and the City in accordance with the provisions of this Chapter. PASSED AND APPROVED in open Council by a majority vote of the Moab City Council on the day of April /0 , 2018. This ordinance shall take effect immediately upon passage. SIGNED: v i- Emily S. Niehaus, Mayor ATTEST: cZa_ko vJ-r-c Rachel Stenta, Recorder