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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; 2 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. 3 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. 4 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: 5 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. 6 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 7 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 8 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; 9 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. 10 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 11 yor Kara Ilan cock