The text
Sec. 4.10.010. - Intents and purposes.#
1.
This ordinance is intended to assist in the implementation of the Kamas City General Plan.
2.
The purpose of this ordinance is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary for public facility improvements in Kamas City.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.020. - Rules of construction.#
1.
The provisions of this ordinance shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare.
2.
For the purpose of administration and enforcement, unless otherwise stated in this ordinance, the following rules of construction shall apply to the text of this ordinance:
a.
In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table, or illustrative table, the text shall control.
b.
The word shall is always mandatory and not discretionary; the word may is permissive.
c.
Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
d.
The phrase used/or includes arranged/or, designed/or, maintained/or, or occupied for.
e.
The word person includes individual, a corporation, a partnership, an incorporated association, or any other similar entity.
f.
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction and, or either ... or, the conjunction shall be interpreted as follows:
i.
And indicates that all the connected terms, conditions, provisions or events shall apply.
ii.
Or indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
iii.
Either ... or indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
g.
The word includes shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.
h.
City means the city council or the city officials they may designate to carry out the administration of this ordinance.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.030. - Definitions.#
Capital improvement includes public facility planning and engineering, land acquisition, site improvements, buildings, and equipment but excludes maintenance and operation.
Development order means a regulatory approval by Kamas City.
Fee payer is a person applying for the issuance of a building permit or permit for mobile home installation.
Private recreational facility is any recreational facility which is not owned by or dedicated to any governmental entity.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.040. - Imposition of impact fee.#
1.
Any person who, after the effective date of this ordinance, seeks to develop land within Kamas City, Utah, by applying for a land use permit or building permit for a building or permit for a mobile home installation, is hereby required to pay an impact fee in the manner and amount set forth in this ordinance.
2.
No new building permit or new permit for mobile home installation for any activity requiring payment of an impact fee pursuant to KMC 4.10.060 shall be issued unless and until the impact fee hereby required has been paid.
3.
No extension of a building permit or permit for mobile home installation issued prior to the effective date of this ordinance for any activity requiring payment of an impact fee pursuant to KMC 4.10.060 shall be granted unless and until the impact fee hereby required has been paid.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.050. - Computation of the amount of impact fee.#
1.
The amount of the impact fee shall be determined by the following formula:
TRANSPORTATION IMPACT FEE FORMULA a.
Transportation costs related to new growth
b.
Credit for Class "C" road funds
c.
Credit for past taxes
d.
Units of new growth
e.
Credit for future taxes
(a) - (b+c)) = Total Cost
(Total Cost / d) = Unadjusted Impact Fee
(Unadjusted Impact Fee - e) = Impact Fee
i.
If a land use application or building permit is requested for mixed uses, then the fee shall be determined using the above schedule by apportioning the space committed to uses specified on the schedule.
ii.
If the type of development activity that a land use application or building permit is applied for is not specified on the above fee schedule, the city shall use the fee applicable to the most comparable type of land use on the above fee schedules. The city shall be guided in the selection of a comparable type by the Kamas City General Plan, supporting documents of the Kamas City General Plan, and the Kamas City Zoning Ordinance. If the city determines that there is no comparable type of land use on the above fee schedule then the city shall determine the appropriately discounted fee by considering demographic or other documentation which is available from state, local, and regional authorities.
iii.
In the case of change of use, redevelopment, or expansion or modification of an existing use which required the issuance of a land use application or building permit or permit for mobile home installation, the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use.
2.
If a fee payer opts not to have the impact fee determined according to this section, then the fee payer shall prepare and submit to the city an independent fee calculation study for the land development activity for which a land use application or building permit or permit for mobile home installation is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. The city shall consider the documentation submitted by the fee payer but is not required to accept such documentation as he/she shall reasonably deems to be inaccurate or not reliable and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the fee payer shall pay impact fees based upon the schedule shown in this section. If an acceptable independent fee calculation study is presented, the city may adjust the fee to that appropriate to the particular development.
Determinations made by the city pursuant to this section may be appealed to the board of adjustments by filing a written appeal request with the city recorder within ten days of the city's determination.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.060. - Payment of fee.#
1.
The fee payer shall pay the transportation impact fee required by this ordinance to the mayor or their designee prior to the issuance of a land use permit or building permit or a permit for mobile home installation.
2.
All funds collected shall be properly identified by impact fee type and district and promptly transferred for deposit in the appropriate impact fee trust fund to be held in separate accounts as determined by KMC 4.10.080 and used solely for the purposes specified in this ordinance.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.070. - Transportation impact fee district.#
There is hereby established a transportation impact fee district. The entire city is one district.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.080. - Impact fee trust funds established.#
1.
There is hereby established a separate impact fee trust fund, one for each public facility type established by the written analysis and district as established in KMC 4.10.070.
2.
Funds withdrawn from these accounts must be used in accordance with the provisions of KMC 4.10.090.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.090. - Use of funds.#
1.
Funds collected from impact fees shall be used solely for the purpose of acquiring and/or making capital improvements and their related costs to public facilities under the jurisdiction of Kamas City.
2.
Funds shall be used exclusively for acquisitions, expansions, or capital improvements within the impact fee district as identified in the written analysis, from which the funds were collected or for projects in other impact fee districts which are of benefit to the impact fee district from which the funds were collected funds shall be expended in the order in which they are collected.
3.
In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in this section and are located within the appropriate impact fee districts created by KMC 4.10.070 or as provided in this section.
4.
At least once each fiscal period the mayor shall present to the city council a proposed capital improvements program for public facilities, assigning funds, including any accrued interest, from the several impact fee trust funds to specific public improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this ordinance.
5.
Funds may be used to provide refunds as described in KMC 4.10.100.
6.
The city shall be entitled to retain not more than ten percent of the funds collected as compensation for the expense of collecting the fee and administering this ordinance.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.100. - Refund of fees paid.#
1.
If a land use permit, building permit or permit for mobile home installation expires without commencement of construction, the fees have not been spent or encumbered, and no impact has resulted, then the fee payer shall be entitled to a refund, with interest at the rate received by the city on the funds, of the impact fee paid as a condition for its issuance except that the city shall retain ten percent of the fee to offset a portion of the cost of collection and refund. The fee payer must submit an application for such a refund to the city within 30 days of the expiration of the permit.
2.
Except as provided in subsection U.C.A. 1953, § 11-36-302(b), any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the impact fee was paid shall, upon application of the then current landowner, be returned to such landowner with interest at the rate received by the city on the funds, provided that the landowner submits an application for a refund to the city within 180 days of the expiration of the six-year period.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.110. - Exemptions and credits.#
1.
The following may be exempted from payment of the impact fee:
a.
Alterations or expansion of an existing building where no additional residential units or equivalent residential units are created and where the use is not changed.
b.
The construction of accessory buildings or structures where no additional residential units or equivalent residential units are created and where the use is not changed.
c.
The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use.
d.
The installation of a replacement mobile home on a lot or other such site when a impact fee for such mobile home site has previously been paid pursuant to this ordinance or where a mobile home legally existed on such site on or prior to the effective date of this ordinance.
e.
The construction of buildings by a government agency or other development activities with a broad public purpose as determined by the city. In the event that an exemption is granted, the city council shall establish the source of funding to pay for the impact of the development activity.
Any claim of exemption must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.
2.
Credits.
a.
Public capital improvements may be offered by the fee payer as total or partial payment of the required impact fee. The offer must specifically request or provide for an impact fee credit. If the city accepts such an offer, whether the acceptance is before or after the effective date of this ordinance, the credit shall be determined and provided in the following manner:
i.
Credit for the dedication of land shall be valued at 100 percent of the most recent assessed value by the Summit County Property Appraiser; by such other appropriate method as the city council may have accepted prior to the effective date of this ordinance for particular public improvements; or by fair market value established by private appraisers acceptable to the city. Credit for the dedication of park land shall be provided when the property has been conveyed at no charge to, and accepted by, the city in a manner satisfactory to the city council.
ii.
Applicants for credit for construction of public improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the city. The city shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the city determines that such estimates submitted by the applicant are either unreliable or inaccurate. The city shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his agreement to the terms of the letter or certificate and return such signed document to the city before credit will be given, The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit.
iii.
Except as provided in this section, credit against impact fees otherwise due will not be provided until:
(1)
The construction is completed and accepted by the city;
(2)
A suitable maintenance and warranty bond is received and approved by the city, when applicable.
iv.
Credit may be provided before completion of specified public improvements if adequate assurances are given by the applicant that the standards set out in this section will be met and if the fee payer posts security as provided below for the costs of such construction. Security in the form of a cash escrow agreement shall be posted with and approved by the city at 125 percent of the amount determined by the City engineer. Twenty-five percent of the cash escrow account shall remain for two years after completion of the project, as a guarantee of the work, pursuant to Kamas City's Cash Bond Escrow Agreement. If the public improvement construction project will not be constructed within one year of the acceptance of the offer by the city, the amount of the security shall be increased by ten percent compounded for each year of the life of the security. The security shall be reviewed and approved by the city engineer prior to acceptance of the security by the city council. If the public improvement construction project is not to be completed within five years of the date of the fee payer's offer, the city council must approve the public improvement construction project and its scheduled completion date prior to the acceptance of the offer by the city.
b.
Any claim for credit must be made no later than the time of application for a land use permit, building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.
c.
Credits shall not be transferable from one project or development to another without the approval of the city council and may only be transferred to a development within a different impact fee district upon a finding by the city council that the dedication for which the credit was given benefits such different impact fee district.
d.
Determinations made by the city pursuant to this section may be appealed to the board of adjustment by filing a written appeal with the city recorder within ten days of the city's determination.
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.120. - Review.#
The fee schedule contained in KMC 4.10.050 shall be reviewed by the city council at least once each fiscal biennium (i.e. every two years).
(Ord. 2015-04, 11/10/2015)
Sec. 4.10.130. - Penalty provision.#
A violation of this ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution Kamas City shall have the power to sue in civil court to enforce the provisions of this ordinance.
(Ord. 2015-04, 11/10/2015)