HomeMy Public PortalAboutORD-CC-1998-13CITY OF MOAB ORDINANCE NO. 1998-13
AN ORDINANCE ENACTING IMPACT FEES FOR
MUNICIPAL WATER AND SEWER CONNECTIONS AS
REQUIRED BY THE UTAH IMPACT FEES ACT.
WHEREAS, the Utah Impact Fee Act mandates that municipalities
establish ordinances and procedures for the equitable apportionment
of costs for municipal capital improvements; and
WHEREAS, the City of Moab has conducted a study of its
existing and planned water and sewer infrastructure for the purpose
of determining a rational method of allocating costs for system
improvements; and
WHEREAS, amendments to the Municipal Code are necessary to
implement impact fees and comply with state law;
THEREFORE, the City of Moab Municipal Code is amended by the
addition of the following chapter to Title 13:
Chapter 13.25
Water and Sewer Impact Fees
13.25.010 Definitions.
A. "Capital Facilities Plan" means the plan for water and
sewer infrastructure as required by U.C.A. § 11-36-201.
B. "City" means the City of Moab.
C. "Council" means the Moab City Council.
D. "Connection Fee" means the costs reasonably incurred by
the City, or any authorized contractor, for labor, equipment,
materials, and like expenses associated with the installation and
connection of municipal utility services such as water and
wastewater.
E. "Development" means the construction of a building,
dwelling, structure, or industrial facility; the installation of a
mobile or modular home; the construction of a campground,
recreational vehicle, or mobile home park; the subdivision of land;
an application for a planned unit development 'PUD'; a conditional
use permit application; a building permit application; or any
change in the use of land, buildings, or structures that creates
additional demand or impacts upon public facilities.
F. "Encumbered" or "Encumbrance" means the pledging by
written instrument of funds or monies collected pursuant to this
Chapter for the payment of costs of construction or debt service of
system improvements.
G. "Equivalent Residential Unit" or "ERU" means the amount
of water or wastewater required or generated by a typical single
residential unit, as determined by the City based upon accepted
engineering standards and specifications.
H. "Impact Fee" means a one-time payment of money imposed by
the City on development activity pursuant to this chapter as a
condition precedent to the granting of development approval and/or
a building permit in order to pay for constructed and planned water
and sewer facilities. "Impact Fee" does not mean a building permit
fee, a business license fee, a connection fee, sales tax, special
assessments, or other such charges.
I. "Qualifying Improvements" means system improvements that
are planned by the City as part of a capital facilities plan or
policy resolution approved by the City Council and which are
required to be constructed by a developer as a condition for
development approval.
J. "Policy Resolution" means a resolution, duly enacted by
the City Council, identifying with reasonable detail types of
system improvements to be constructed in the future in specified
geographic areas of the City and surrounding lands.
K. "Project Improvements" means those improvements to realty
constructed in the development of a project and which primarily
benefit and provide service to that lot, development, or use, as
opposed to neighboring parcels or other uses. "Project
Improvements" may include water and sewer infrastructure required
to be dedicated to the City as a condition for development
approval.
L. "System Improvements" means existing public facilities
that are designed to provide service to service areas within the
community at large and planned future public facilities identified
in a capital facilities plan or policy resolution that are intended
to provide service to the community at large, as opposed to
individual lots, developments, or uses.
13.25.020 Applicability, Time of Payment, and Exemptions.
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 is issued in
the case of redevelopment or remodeling of structures already
connected to municipal water or sewer services;
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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.
B. In no event shall water or sewer service be provided to
any property subject to this Chapter without payment of all
applicable impact fees.
C. The following activities are exempt from the payment of
impact fees:
1. The placement of a moved on structure or temporary
construction trailer, office, or similar temporary structure placed
upon property for a period not to exceed one year.
2. Development, however denominated, that does not
include a connection to municipal water or sewer facilities and
which will not otherwise impact or impose direct or indirect demand
on system improvements.
3. Replacement of a structure or mobile home, or the
remodeling of an existing building where the new structure will:
i. Not be put to a use substantially differing from
the prior use; and
ii. Where there will be no net increase in
equivalent residential units of water demand or wastewater
treatment demand.
4. Construction of accessory improvements such as
fences, barns, outbuildings, utility lines, pipelines, roads, or
similar activities.
13.25.030 Service Areas.
A. The service areas for impact fees shall be the entire
corporate limits of the City of Moab, including annexations
subsequent to the enactment of this Chapter, as well as all areas
outside of the municipal limits which are served by City water or
sewer service.
B. Where impact fees are assessed for areas outside of
municipal limits the fees shall be payable pursuant to an impact
fee agreement entered into between the City and the person or
entity contracting for services.
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13.25.040 Impact Fee Offsets.
A. The City may elect, by written agreement, to allow an
offset for all or a portion the impact fees payable with respect to
a particular development to the extent expressly provided under
this section. An offset may be permitted where, as a condition for
development approval, a person is required to install or construct
qualifying improvements in lieu of, or in conjunction with, project
improvements necessitated by the development.
B. Offsets shall be limited to the increment of reasonable
excess costs for labor, equipment, materials, design or technical
services, land, and access incurred by a person in constructing
qualifying improvements over and above necessary project
improvements.
C. An offset for qualifying improvements shall only be
allowed against impact fees otherwise due for the same category and
type of improvement.
D. An offset granted by agreement with the City shall attach
to and run with the lands included within the development
application and subject to impact fees. Offsets shall be valid for
a period not to exceed ten years from the date of approval or until
the last date of construction within the project, whichever occurs
first.
E. A person shall not be entitled to a refund of any offset
value where qualifying improvements are constructed, in whole or in
part, but connection or service by City water or sewer systems is
not accomplished due to the abandonment or lapse of the
development.
F. Claims for offsets shall be made in writing within 30
days of development plan approval. Any request for offsets not
made within that 30 day period shall be denied.
G. All qualifying improvements shall be subject to
inspection by the City Public Works Director and shall be
constructed in accordance with all applicable City design and
construction specifications. No credit for an offset shall be
given until such time as the qualifying improvements are accepted
by the Public Works Director.
13.25.050 Voluntary Service Upgrades
A. Any person desiring a water service upgrade to a larger
size meter shall be entitled to credit for the value of the
existing meter, based upon meter size, and shall only be assessed
a water impact fee equalling the difference between the larger
meter size and the credit amount, together with applicable
connection fees.
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13.25. 060 Calculation of Impact Fees.
A. Water impact fees for residential and commercial uses
shall be calculated based upon meter size and an equivalent
residential unit (ERU) basis.
1. The following schedule applies to residential and
commercial water impact fees:
Meter Size in
Inches
Meter Capacity
(GPM)
ERU Capacity
Impact Fee
5/8 x 3/4(std)
10
1.0
$ 478
3/4
15
1.7
$ 813
1
25
3.7
$ 1,769
1 1/2
50
11.0
$ 5,258
2
80
22.9
$10,946
2. Non-residential water impact fees for transient
lodging including motels, inns, bed and breakfast establishments,
and hotels shall be calculated pursuant to the following schedule:
impact fee per room for lodging without a restaurant:
Number of Rooms x
$229 = Impact Fee
impact fee per room for lodging with a restaurant:
Number of Rooms x
$330 = Impact Fee
B. Sewer impact fees shall be calculated per equivalent
residential unit (ERU).
1. Residential sewer impact fees shall be calculated at
$2,819.00 per ERU.
2. Sewer impact fees for business and commercial uses
shall be calculated at $2,819.00 per ERU pursuant to the following
schedule:
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EQUIVALENT RESIDENTIAL USAGE SCHEDULE
Type of Establishment
Usage (gpd)
per Unit of
Measurement
Equivalent Unit of
Residential Measurement
Unit (ERU)
Banks
0.13
0.00053
sq ft
Barber Shops
0.19
0.00078
sq ft
Bathhouses for swimming pools
10.2
0.042
per swimmer
Beauty Salons
0.41
0.0017
sq. ft.
Bowling Alleys
0.08
0.00033
sq. ft.
Campsites (Developed)
114
0.47
per campsite
Car Dealerships
0.07
0.00029
sq. ft.
Car Washes
3.81
0.0029
sq. ft.
Car Washes (Self Service Only)
0.693
0.016
sq. ft.
Child Day -Care Centers
13
0.053
per student
Churches
1
0.0041
per bldg.
Churches With Day -Care Schools
2
0.0082
use
Dental Offices
0.4
0.0016
sq. ft.
Department Stores With and Without
Food Service
0.48
0.0019
sq. ft.
Drug Stores
0.09
0.00037
sq. ft.
Dry Cleaning Pick -Up and Drop Off
0.01
0.00041
sq. ft.
Dry Cleaning On -Site
0.38
0.0016
sq. ft.
Dry Cleaning and Laundry On -Site
0.45
0.0019
sq. ft.
Dry Cleaning, Laundry and Coin Wash
1.28
0.0053
sq. ft.
Dry Goods Stores (Cldthing)
0.06
0.00025
sq. ft.
Fire and Rescue Services
0.19
0.00078
sq. ft.
Funeral Homes
0.05
0.00021
sq. ft.
Furniture Stores
0.02
0.00082
sq. ft.
Gasoline Service Stations
816
3.36
per station
Hospitals
0.37
0.0015
sq. ft.
Indoor Tennis Courts
153
0.63
per court
Kennels and Animal Hospitals
0.15
0.00062
sq. ft.
Laundromats
2.9
0.012
sq. ft.
Manufacturing (Public Water Not Used
in Processing)
20
0.082
per employee
Medical Office Buildings
0.3
0.0012
sq. ft.
Medical Practitioners Metered
Separately
0.19
0.00078
sq. ft.
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Motels/Hotels/Inns With Restaurant
168
0.69
unit
Motels/Hotels/Inns Without Restaurant
117
0.48
unit
Newspaper Offices
16
0.066
per employee
Nursery and Garden Centers
2
0.0082
site
Nursing Homes
0.35
0.0014
sq. ft.
Office Buildings With Cafeteria
0.2
0.00082
sq. ft.
Office Buildings Without Cafeteria
0.09
0.00037
sq. ft.
Restaurants
0.59
0.0024
sq. ft.
Retail Stores (Small, Quick -Service,
Convenience)
0.21
0.00086
sq. ft.
Retirement Homes
0.18
0.00074
sq. ft.
Schools -Elementary (186 Days)
5.5
0.023
per student
Schools -Junior High (186 Days)
9.5
0.039
per student
Schools -Public High (186 Days)
6.5
0.027
per student
Schools -Private (186 Days)
20
0.082
per student
Single -Family Dwellings
243
1
per dwelling
Supermarkets
0.12
0.00049
sq. ft.
Swimming Pools (Bathhouse Separate)
21.3
0.088
per swimmer
Theaters--Drive-In
2.52
0.01
per car space
Theaters--Walk-In
0.9
0.0037
per seat
Warehouses
0.01
0.000041
sq. ft.
C. Sewer impact fees for development within the Spanish
Valley Water and Sewer District shall be as provided by interlocal
agreement between the District and the City and shall be calculated
at rate not less than $79.00 per ERU.
1. A11 fees collected for development within the
Spanish Valley Water and Sewer District shall be paid by the
District directly to the City Treasurer and shall be paid prior to
the connection of water or sewer service.
13.25.070 Collection and Expenditure of Impact Fees.
A. Water and sewer impact fees collected pursuant to this
Chapter shall be deposited in separate interest bearing accounts.
Interest and principle from such accounts shall be expended only
for existing and future system improvements of the type for which
the fee is collected.
B. The City shall maintain financial records for each fund
showing the source, amount, and date received of all monies
collected pursuant to this Chapter. At the end of each fiscal year
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the City shall prepare a report identifying the source and amount
of all monies received and identifying all expenditures from each
account. Such records shall be open for public inspection to the
extent all other City financial records are public documents.
C. Impact fees collected under this Chapter may be expended
or encumbered immediately upon receipt, provided the action is
reasonably calculated to meet known and anticipated demands for new
system improvements or debt service payments, including payments on
principal for existing system improvements. Fees expended or
pledged pursuant to this subsection are not subject to refund
pursuant to Section 13.25.080.
D. Impact fees shall be expended or encumbered within six
years of receipt, unless the City Council identifies by resolution
extraordinary and compelling reasons why said funds should be held
longer than six years and specifies a date certain upon which said
funds will be used.
E. Impact fees shall not be used for maintenance or
operation expenses of system improvements.
F. Impact fees may be used for the construction, design, and
acquisition of new system improvements identified in a capital
facilities plan or policy resolution. In addition, said fees may
be expended to retire debt previously incurred to finance existing
water and sewer system improvements.
13.25.080 Refunds.
A. A refund of any paid impact fee, plus interest earned,
may be obtained upon written application by the person owning a
parcel subject to the fee upon satisfaction of all of the following
conditions:
1. The application is made within one year of the lapse
of plat or abandonment of the development proposal;
2. The fees have not been spent or encumbered by the
City; and
3. None of the lands subject to the fee have been
connected into the water or sewer system of the City.
B. Payment of a refund of impact fees constitutes an express
revocation of all prior permit approval or plat approvals and the
City shall record an affidavit of lapse of approval in the Grand
County land records contemporaneous with the payment of any refund.
1. Persons engaging in development or otherwise
attempting to sell or convey property subject to impact fees
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following a refund and lapse of approval do so in violation of this
Chapter and are subject to the remedies and penalties as defined in
Section 13.25.100(B).
C. If a refund is denied pursuant to this section or Section
13.25.070(C) and an applicant or successor owner submits an
application within three years of the denial for the same or a
substantially similar development the City may grant an offset, as
provided under Section 13.25.040.
13.25.090 Extraordinary Adjustments.
A. Where application of the standard impact fees would
result in arbitrary, unfair, or unjustified fees the City may, in
its discretion, adjust the impact fee to respond to site specific
circumstances.
B. Upon request by any person subject to an impact fee, the
City Manager is empowered to receive and review data and studies
submitted by that person for the purposes of considering an
adjustment to the fee. The applicant shall pay a review fee of
$150.00 upon request of a review and shall be additionally
responsible for staff review time and reasonable costs for
consultant review services, if deemed necessary by the City. The
City shall notify the applicant in writing of anticipated review
expenses prior to incurring any costs.
C. The City Manager is empowered to review the data
submitted by the applicant, accept the calculations, reject the
calculations, or accept the calculations in part. Review shall be
based upon the standards mandated by this ordinance and the Utah
Impact Fee Act, U.C.A. § 11-36-201 et seq., as well as site
specific factors and accepted engineering practices. Notice of
decision shall be mailed to the Applicant. Review of the
determinations by the City Manager may be had via the procedures
set forth in Section 13.25.100.
D. The City may elect to waive impact fees, in whole or in
part, for development activities with broad based charitable and
public purposes, including the construction of affordable and low
income housing by non-profit and for -profit entities, as follows:
1. Application must be made in writing to the City
Council prior to connection to City services and shall provide the
following:
i. A description of the project and its purpose,
together with the applicant's non profit tax identification number
(if applicable), and a statement of the reasons why waiver of fees
is appropriate and in the public interest;
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ii. for affordable housing projects, proof that the
project will meet affordable housing cost criteria, as established
from time to time by City housing studies; and
i i i . The fee amount requested to be waived and such other
relevant information as may be requested by the Council.
2. The Council shall hear the application and rule upon
the requested fee waiver. It may grant the waiver, in whole or in
part, provided that the requirements of subsection D of this
section are met and provided that there is available another source
of public funds to account for the deficiency in the impact fund
account as a result of the waiver. Any aggrieved party may seek
judicial review of the Council decision as provided under Section
13.25.100.
13.25.100 Appeals, Enforcement, and Judicial Review.
A. A person wishing to challenge the legality of any impact
fee, the legality of any offset, denial of exemption, or any other
challenge to an administrative decision pursuant to this Chapter
may appeal to the City Council, by delivering written notice to the
City Manager within 30 days of payment of the fee. Payment of the
applicable impact fee is a prerequisite to any appeal.
1. The Council shall receive any evidence and arguments
with regard to the appeal, which shall be conducted on the record.
The proceedings may be conducted informally and shall not be
subject to the rules of evidence. The Council shall render a
decision based upon the evidence provided at the hearing and, upon
a majority vote, shall decide whether the decision of the City
Manager is sustained or reversed.
2. The hearing shall be chaired by the Mayor. The City
Attorney shall represent the City and the City Manager or other
staff may present evidence in support of the City's position.
3. The hearing shall be held and a decision rendered no
later than 30 days from the delivery of written notice of appeal.
If the City Manager's decision is reversed there shall be no right
of judicial review.
4. Exhaustion of all administrative remedies shall be
a jurisdictional prerequisite to judicial review. Any party
wishing to appeal and adverse decision by the Council may seek
judicial review by filing a civil action with the Grand County
District Court no later than 90 days from the date of the decision
by the Council. Review shall be limited to the record established
before the Council and the court shall affirm the decision if it is
supported by substantial evidence.
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B. Violations of the provisions of this Chapter shall be
punishable, at the option of the City, either as a Class C
Misdemeanor, or by appropriate civil action to enjoin or abate the
violation. In any such civil action the violator shall be liable
for civil damages derived from the violation, together with fines
not to exceed five hundred dollars per violation and reasonable
attorney's fees and court costs.
1. To obtain injunctive relief it shall only be
necessary that the City establish satisfactory proof of the
violation of this Chapter. Evidence of irreparable harm shall not
be required.
2. Jurisdiction and venue for any action to enforce
this chapter shall be in the District Court, Grand County, Utah.
C. The provisions of this Chapter are severable and if any
portion shall be held invalid, unenforceable, or unconstitutional
by any court of competent jurisdiction, the remaining provisions
shall remain in full force and effect.
This ordinance shall take effect immediately upon passage.
Passed and adopted by action of the Governing body of the City
of Moab in open session this day of C�,9_i , 1998.
CITY OF MOAB
Rachel Ellison
City Recorder
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yor Kara Ilan cock