The text
Chapter 1 - Community Development Department#
8-1-1 - Department Created.#
There is hereby created the Community Development Department.
8-1-2 - City Engineer.#
There is hereby created the position of City Engineer and shall have all the powers, rights, and duties conferred upon such municipal engineer by law.
8-1-3 - Powers and Duties.#
The Community Development Department shall have charge of physical planning, design and development and regulation of land uses, subdivisions, buildings and businesses. The City Engineer may employ, subject to the approval of the City Manager, such help as shall be necessary to carry out the duties prescribed by City ordinances and by the rules and regulations adopted by the City Council.
Chapter 3 - Major Street Plan#
8-3-1 - General Purposes and Intent.#
The general purposes and intent of the City in adoption of this Major Street Plan are as follows: 1.
To provide a convenient and adequate major street network to meet the needs of residential, commercial, and industrial traffic within the City, and to facilitate the flow of traffic through and around the City.
2.
By establishing a major street network, to reduce the use of minor streets for through traffic, thus contributing to the safety and comfort of dwellers along such minor streets.
3.
To give assurance and guidance as to intent concerning location of major streets in order that developers, residents, and commercial and industrial interests may be directed thereby.
4.
To provide a basis for city programs for right-of-way acquisition, and for design and construction appropriate to such streets.
5.
To guide planning and control of land use along such streets in order to minimize potential marginal interference with free traffic flow, and to protect the uses along such streets from potential damaging effects of concentrated traffic flow.
8-3-2 - Existing and Proposed Streets Designated as Arterial, Collector, or Significant Local Streets.#
The following existing or proposed streets, or portions of existing or proposed streets, are hereby declared to comprise the Major Street Plan for the City, and are hereby designated as arterial, collector, or significant local streets as follows: Name of Street Begin End Minimum Right-of-Way
Principal Arterial Streets
I-15 - - UDOT
U.S. 89 - - UDOT
SR-177 - - UDOT
Minor Arterial Streets
Main Street Layton City 200 N. Street 100'
Main Street (SR-273) 200 N. Street Farmington City UDOT
200 N. Street SR-177 I-15 80'
200 N. Street (SR-273) I-15 Main Street UDOT
200 N. Street Main Street Fruit Heights 80'
North Station Lane Farmington City (SR-177) Farmington City 66'
Collector Streets
Angel Street Layton City SR-67 Sunset Drive 66'
Flint Street Layton City Sunset Drive 66'
Sunset Drive Flint Street SR-67 North Station Lane 66'
Fairfield Road Layton City 200 N. Street 80'
Burton Lane Sunset Drive D&RGWRR 66'
- D&RGWRR Frontage Road 70'
- Frontage Road Main Street (SR-273) 70'
Shepard Lane Sunset Drive Farmington City 66'
Frontage Road Burton Lane Farmington City 66'
Mountain Road Fruit Heights Davis County 66'
- Davis County Layton City 66'
Woodridge Drive Elias Road Davis County 66'
300 W. Street 100 S. Street 200 N. Street 66'
Crestwood Road Main Street Burton Lane 66'
- 500 E. Street Mountain Road 60'
Significant Local Streets
Webb Lane Angel Street Flint Street 66'
Smith Lane Angel Street Sunset Drive 66'
Old Mill Lane Flint Street 400 W. Street 66'
Deseret Drive Old Mill Lane Burton Lane 66'
Western Drive Angel Street Deseret Drive 66'
Seabiscuit Drive Mare Drive Angel Street 66'
600 W. Street 200 N. Street Old Mill Lane 66'
300 W./600 N. Street 200 N. Street Fairfield Road 60'
300 W. Street 100 S. Street 200 N. Street 66'
Mutton Hollow 900 W. Street Davis County 66'
Laurelwood Drive Main Street (SR-273) Fruit Heights 66'
50 W. Street Main Street (SR-273) Burton Lane 70'
Thornfield Road Davis County Crestwood Road 66'
500 E. Street Crestwood Road Main Street (SR-273) 66'
550 S. Street Main Street (SR-273) 50 W. Street 60'
350 S. Street Main Street (SR-273) 50 W. Street 70'
Haights Creek Drive Main Street (SR-273) 1475 S. Street 66'
Wellington Drive Leola Street 200 N. Street 60'
Kays Drive 200 N. Street Chester Lane 70'
- Chester Lane Old Mill Lane 55'
- Old Mill Lane Mindy Circle 70'
(Ord. 24-02-01, 2/1/2024)
8-3-3 - Effect of Designation as Arterial, Collector, or Significant Local Streets.#
1.
The streets designated shall be developed and maintained as arterial, collector, or significant local streets, and shall be used as through streets for movement of concentrated flows of traffic. Access to these streets may be restricted.
2.
The streets designated shall have minimum rights-of-way as listed in Section 8-3-2.
3.
Any street intersection constructed after the passage of the ordinance from which this section is derived intersecting an arterial, collector, or significant local street shall be designed and constructed to meet the current AASHTO requirements for sight distance.
4.
Intersections that pre-exist the effective date of the ordinance from which this section is derived that do not meet current AASHTO sight distance standards may be evaluated and improved as part of scheduled maintenance, capital improvements, or as determined necessary by the City Engineer to protect public safety.
(Ord. 25-11-02, § 2, 11/20/2025)
8-3-4 - Yards and Curb Cuts.#
In order to preserve free traffic flow on arterial, collector, and significant local streets, to minimize marginal frictions caused by land uses bordering such streets, and to protect inhabitants of residences bordering such streets from hazards, noise, glare, and fumes arising from concentrated flow of traffic: 1.
No portion of any regulated structure shall be erected closer to any major street than the distance required for a front yard as measured from the proposed right-of-way line.
2.
No curb cut shall be made in connection with a commercial or industrial structure or use unless plans showing the relation of the curb cut to the structures and parking area (if any) on the lot, and to structures, parking areas, and curb cuts on adjacent lots shall have been approved by the City Engineer.
Chapter 5 - Flood Damage Prevention#
8-5-1 - Statutory Authorization.#
The Legislature of the State of Utah has in Utah Code Unannotated 10-3-701 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore the City Council of Kaysville City does or has delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, does ordain as follows:
(Ord. 22-09-01, 9/15/2022)
8-5-2 - Findings of Fact.#
1.
The flood hazard areas of Kaysville City are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
2.
These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.
(Ord. 22-09-01, 9/15/2022)
8-5-3 - Statement of Purpose.#
It is the purpose of this Chapter to promote the public heath, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1.
Protect human life and health;
2.
Minimize expenditure of public money for costly flood control projects;
3.
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4.
Minimize prolonged business interruptions;
5.
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
6.
Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and
7.
Ensure that potential buyers are notified that property is in a flood area.
(Ord. 22-09-01, 9/15/2022)
8-5-4 - Methods of Reducing Flood Losses.#
In order to accomplish its purposes, this Chapter uses the following methods: 1.
Restrict or prohibit uses that are dangerous to health, safety or property in times of flood or cause excessive increases in flood heights or velocities;
2.
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3.
Control the alteration of natural floodplains stream channels, and natural protective barriers which are involved in the accommodation of flood waters;
4.
Control filling, grading, dredging and other development which may increase flood damage;
5.
Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
(Ord. 22-09-01, 9/15/2022)
8-5-5 - Definitions.#
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted to give them the meaning they have in common usage and to give this Chapter its most reasonable application.
Alluvial Fan Flooding - Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
Apex - A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appurtenant Structure - A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
Area of Future Conditions Flood Hazard - The land area that would be inundated by the 1-percent-annual chance (100-year) flood based on future conditions hydrology.
Area of Shallow Flooding - A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard - The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al-30, AE, A99, AR, AR/Al-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
Base Flood - The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Base Flood Elevation (BFE) - The water surface elevation of the 1-percent-annual-chance flood event. It is the height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas. It is also the elevation shown on the FIRM and found in the accompanying Flood Insurance Study (FIS) for Zone, A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one percent (1%) chance of equaling or exceeding that level in any given year.
Basement - Any area of the building having its floor subgrade (below ground level) on all sides.
Breakaway Wall - A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
Critical Feature - An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
Development - Any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Elevated Building - For insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Existing Construction - For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures."
Existing Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Expansion to an Existing Manufactured Home Park or Subdivision - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from: a.
The overflow of inland or tidal waters.
b.
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Elevation Study - An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood Insurance Rate Map (FIRM) - An official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) - See Flood Elevation Study.
Floodplain or Floodprone Area - Any land area susceptible to being inundated by water from any source (see definition of flooding).
Floodplain Management - The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
Floodplain Management Regulations - Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Flood Proofing - Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Flood Protection System - Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard'' and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
Floodway - See Regulatory Floodway.
Functionally Dependent Use - A use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Highest Adjacent Grade - The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic Structure - Any structure that is: a.
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c.
Individually listed on a state inventory of historic places in states with historic preservation programs which has been approved by the Secretary of the Interior; or
d.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
i.
By an approved state program as determined by the Secretary of the Interior or;
ii.
Directly by the Secretary of the Interior in states without approved programs.
Levee - A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
Levee System - A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
Lowest Floor - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.
Manufactured Home - A structure transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
Manufactured Home Park or Subdivision - A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
Mean Sea Level - For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
New Construction - For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
Primary Frontal Dune - A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
Recreational Vehicle - A vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projections, designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
Riverine - Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Sand Dunes - Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Special Flood Hazard Area - See Area of Special Flood Hazard.
Start of Construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)) - Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure - For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
Substantial Improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: a.
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
b.
Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designated as a "historic structure."
Variance - A grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.)
Violation - The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5),(c)(4),(c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
Water Surface Elevation - The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. 22-09-01, 9/15/2022)
8-5-6 - Lands to Which This Chapter Applies.#
The ordinance shall apply to all areas of special flood hazard within the jurisdiction of Kaysville City.
(Ord. 22-09-01, 9/15/2022)
8-5-7 - Basis for Establishing the Areas of Special Flood Hazard.#
The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Davis County, Utah", with accompanying Flood Insurance Rate Maps and/or Floor Boundary-Floodway Maps (FIRM and/or FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Chapter.
(Ord. 22-09-01, 9/15/2022; Ord. 25-06-03, § 1, 6/19/2025)
8-5-8 - Establishment of Development Permit.#
A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Chapter.
(Ord. 22-09-01, 9/15/2022)
8-5-9 - Compliance.#
No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Chapter and other applicable regulations.
(Ord. 22-09-01, 9/15/2022)
8-5-10 - Abrogation and Greater Restrictions.#
This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 22-09-01, 9/15/2022)
8-5-11 - Interpretation.#
In the interpretation and application of this Chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body, and deemed neither to limit nor repeal any other powers granted under State statutes.
(Ord. 22-09-01, 9/15/2022)
8-5-12 - Warning and Disclaimer of Liability.#
The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.
(Ord. 22-09-01, 9/15/2022)
8-5-13 - Designation of the Floodplain Administrator.#
The City Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Chapter and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management.
(Ord. 22-09-01, 9/15/2022)
8-5-14 - Duties and Responsibilities of the Floodplain Administrator.#
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: 1.
Maintain and hold open for public inspection all records pertaining to the provisions of this Chapter.
2.
Review permit application to determine whether the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding.
3.
Review, approve or deny all applications for development permits required by adoption of this Chapter.
4.
Review permits for proposed development from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
5.
Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
6.
Maintain the flood carrying capacity within the altered or relocated portion of any watercourse.
7.
When base flood elevation data has not been provided in accordance with KCC 8-5-7, the Floodplain Administrator shall obtain, review and reasonably use any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of KCC 8-5-17 through KCC 8-5-22.
8.
When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot (1')at any point within the community.
9.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot (1'), provided that the community first completes all of the provisions required by Section 65.12.
10.
Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is Utah Division of Emergency Management, State Floodplain Manager, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(Ord. 22-09-01, 9/15/2022)
8-5-15 - Permit Procedures.#
1.
Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
a.
Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
b.
Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
c.
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of KCC 8-5-18(2);
d.
Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
e.
Maintain a record of all such information in accordance with KCC 8-5-14(1).
2.
Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Chapter and the following relevant factors:
a.
The danger to life and property due to flooding or erosion damage;
b.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
c.
The danger that materials may be swept onto other lands to the injury of others;
d.
The compatibility of the proposed use with existing and anticipated development;
e.
The safety of access to the property m times of flood for ordinary and emergency vehicles;
f.
The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
g.
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
h.
The necessity to the facility of a waterfront location, where applicable;
i.
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
(Ord. 22-09-01, 9/15/2022)
8-5-16 - Variance Procedures.#
1.
The Planning Commission shall hear and render judgment on requests for variances from the requirements of this Chapter.
2.
The Planning Commission shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.
3.
Any person or persons aggrieved by the decision of the Planning Commission may appeal such decision to the Administrative Law Judge.
4.
The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
5.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Chapter.
6.
Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in KCC 8-5-15(2) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
7.
Upon consideration of the factors noted above and the intent of this Chapter, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Chapter.
8.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
9.
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
10.
Prerequisites for Granting Variances.
a.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
b.
Variances shall only be issued upon showing a good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
c.
Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest flood elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation.
11.
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria outlined in KCC 8-5-15(1) through (9) are met and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(Ord. 22-09-01, 9/15/2022)
8-5-17 - General Standards for Flood Hazard Reduction.#
In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: 1.
All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2.
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
3.
All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
4.
All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
5.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
6.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
7.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Ord. 22-09-01, 9/15/2022)
8-5-18 - Specific Standards for Flood Hazard Reduction.#
In all areas of special flood hazards where base flood elevation data has been provided as set forth in KCC 8-5-7, KCC 8-5-14(8) or KCC 8-5-19(3), the following provisions are required: 1.
Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to one foot (1') above the base flood elevation. Higher standards for freeboard (i.e., greater than one foot(1')) may also be required subject to the adopted State of Utah Building Codes and other applicable standards. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in KCC 8-5-15(1)(a), is satisfied.
2.
Nonresidential Construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to one foot (1') above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Higher standards for freeboard (i.e., greater than one foot (1')) may also be required subject to the adopted State of Utah Building Codes and other applicable standards. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
3.
Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a.
A minimum of two (2) openings on separate walls having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
b.
The bottom of all openings shall be no higher than one foot (1') above grade.
c.
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
4.
Manufactured Homes.
a.
Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
b.
Require that manufactured homes that are placed or substantially improved within Zones Al-30, AR and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Higher standards for freeboard (i.e., greater than one foot (1')) may also be required subject to the adopted State of Utah Building Codes and other applicable standards.
c.
Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this Section be elevated so that either:
i.
The lowest floor of the manufactured home is at or above the base flood elevation, or
ii.
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches (36") in height above grade and be curely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement standards for freeboard (i.e., greater than one foot (1')) may also be required subject to the adopted State of Utah Codes and other applicable standards,
iii.
Higher for freeboard (i.e., greater than one foot (1')) may also be required subject to the adopted State of Utah Building Codes and other applicable standards.
5.
Recreational Vehicles. Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either be on the site for fewer than one hundred eighty (180) consecutive days, or be fully licensed and ready for highway use, or meet the permit requirements of KCC 8-5-15(1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this Section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
(Ord. 22-09-01, 9/15/2022)
8-5-19 - Standards for Subdivision Proposals.#
1.
All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with KCC 8-5-2, KCC 8-5-3 and KCC 8-5-4.
2.
All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of KCC 8-5-8 and KCC 8-5-15, and the provisions of KCC 8-5-17 through KCC 8-5-22.
3.
Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to KCC 8-5-7 or KCC 8-5-14(8).
4.
All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
5.
All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
(Ord. 22-09-01, 9/15/2022)
8-5-20 - Standards for Areas of Shallow Flooding (AO/AH Zones).#
Located within the areas of special flood hazard, established in KCC 8-5-7, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of one foot (1') to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1.
All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to one foot (1') above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet (2') if no depth number is specified). Higher standards for freeboard (i.e., greater than one foot (1')) may also be required subject to the adopted State of Utah Building Codes and other applicable standards.
2.
All new construction and substantial improvements of nonresidential structures:
a.
Have the lowest floor (including basement) elevated to one foot (1') above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet (2') if no depth number is specified), or
b.
Together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads or effects of buoyancy.
c.
Higher standards for freeboard (i.e., greater than one foot (1')) may also be required subject to the adopted State of Utah Building Codes and other applicable standards.
3.
A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in KCC 8-5-15 are satisfied.
4.
Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.
(Ord. 22-09-01, 9/15/2022)
8-5-21 - Floodways.#
Located within areas of special flood hazard established in KCC 8-5-7, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which call) debris potential projectiles and erosion potential, the following provisions shall apply: 1.
Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
2.
If Subsection (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 8-5-17 through KCC 8-5-22.
3.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12.
(Ord. 22-09-01, 9/15/2022)
8-5-22 - Coastal High Hazard Areas.#
Located within the areas of special flood hazard established in KCC 8-5-7, are areas designated as Coastal High Hazard Areas (Zones V1-30, VE, and/or V). These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this Chapter, the following provisions must also apply: 1.
Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement. The Floodplain Administrator shall maintain a record of all such information.
2.
All new construction shall be located landward of the reach of mean high tide.
3.
All new construction and substantial improvements shall be elevated on pilings and columns so that:
a.
The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level;
b.
The pile or column foundation and structure attached thereto is anchored to resist flotation collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (3)(a) and (b) of this Section.
4.
Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.
For the purpose of this Section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the design proposed meet the following conditions:
a.
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation.
5.
Prohibit the use of fill for structural support of building.
6.
Prohibit man-made alteration of sand dunes and mangrove stands that increase potential flood damage.
7.
Manufactured Homes. Require that manufactured homes placed or substantially improved within Zone V1-30, V and VE on the community's FIRM on sites outside of a manufactured home park or subdivision in a new manufactured home park or subdivision in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, meet the standards of paragraphs (1) through (6) of this Section and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30, V, and VE on the community's FIRM meet the requirements of KCC 8-5-18(4).
8.
Recreational Vehicles. Require that recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM either be on the site for fewer than one hundred eighty (180) consecutive days or be fully licensed and ready for highway use, or meet the requirements in KCC 8-5-8 and paragraphs (1) through (6) of this Section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
(Ord. 22-09-01, 9/15/2022)
8-5-23 - Penalties for Noncompliance.#
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a class B misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall subject to fines as provide in Utah Code Ann. § 76-3-301 as amended, and/or imprisonment as provided in Utah Code Ann. § 76-3-204, as amended, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Kaysville City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 22-09-01, 9/15/2022)
8-6-1 - Purpose.#
This Impact Fees Chapter establishes the City's impact fee policies and procedures and is promulgated pursuant to the requirements of the Utah Impact Fees Act. This Chapter establishes or re-enacts impact fees for Water, Power, Street, Recreation, and Police facilities within the Service Area, describes certain capital improvements to be funded by impact fees, provides a schedule of impact fees for differing types of land-use development, and sets forth direction for challenging, modifying and appealing impact fees.
(Ord. 19-02-02, 2/21/2019)
8-6-2 - Definitions.#
Words and phrases that are defined in the Impact Fees Act shall have the same definition in this Impact Fees Chapter. The following words and phrases shall have the following meanings:
City - A political subdivision of the State of Utah which is referred to herein as Kaysville City.
Development Activity - Any construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand and need for public facilities. Development activity will include residential and commercial users who are not currently connected to any of the City's public facilities systems, but will be located within the City Service Area.
Development Approval - Any written authorization from the City that authorizes the commencement of development activity.
Enactment - A municipal ordinance, for a municipality; a county ordinance, for a county; and a governing board resolution for a local district special service district, or private entity.
Encumber - A pledge to retire debt; or an allocation to a current purchase order or contract.
Impact Fee - A payment of money imposed upon development activity as a condition of development approval. "Impact fee" includes development impact fees, but does not include a tax, special assessment, hookup fee, building permit fee, fee for project improvements, or other reasonable permit or application fees.
Impact Fee Analysis (IFA) - The written analysis required by Section 11-36a-201 of the Impact Fees Act.
Impact Fee Facilities Plan (IFFP) - The plan required by Section 11-36a-301 of the Impact Fees Act.
Project Improvements - Site improvements and facilities that are planned and designed to provide service for development resulting from a development activity and are necessary for the use and convenience of the occupants or users of development resulting from a development activity. ''Project improvements" do not include "system improvements" as defined below.
Proportionate Share - An amount that is roughly proportionate and reasonably related to the service demands and needs of a development activity.
Public Facilities - Water, Power, Streets, Recreation, and Police infrastructure of the City for the City Service Area.
Service Area - A geographic area designated by the City based on sound planning and engineering principles in which a defined set of the City's public facilities provides service. The Service Area for purposes of this Chapter includes all of the area within the corporate limits and jurisdictional boundaries of the City and any area annexed subsequent to enactment of this Chapter.
System Improvements - Both existing public facilities designed to provide services within the Service Area and future public facilities identified in a reasonable plan for capital improvements adopted by the City that are intended to provide service to the Service Area. "System improvements" do not include "Project improvements" as defined above.
(Ord. 19-02-02, 2/21/2019)
8-6-3 - Written Impact Fee Analysis.#
1.
A summary of the findings of the written Impact Fee Analysis that is designed to be understood by a lay person is included in each of the Impact Fee Analyses and demonstrates the need for impact fees to be charged.
2.
The City has prepared written Impact Fee Analyses that identify the impacts upon public facilities required by the development activity and demonstrate how those impacts on system improvements are reasonably related to the development activity, estimate the proportionate share of the costs of impacts on system improvements that are reasonably related to the development activity and identify how the impact fees are calculated. A copy of the Impact Fee Analyses has been available for public inspection at least ten (10) days prior to the adoption of this Chapter.
3.
The City has prepared a Proportionate Share Analysis which analyzes whether or not the proportionate share of the costs of future public facilities is reasonably related to new development activity. The Proportionate Share Analysis identifies the costs of existing Public Facilities, the manner of financing existing Public Facilities, the relative extent to which new development will contribute to the cost of existing facilities and the extent to which new development is entitled to a credit for payment towards the costs of new facilities from general taxation or other means apart from user charges in other parts of the City. A copy of the Proportionate Share Analysis is included in the Impact Fee Analyses and has been available for public inspection at least ten (10) days prior to the adoption of this Chapter.
(Ord. 19-02-02, 2/21/2019)
8-6-4 - Impact Fee Calculations.#
1.
The City Council approves impact fees in accordance with the written Impact Fee Analyses.
a.
In calculating the impact fees, the City has included the construction costs, land acquisition costs, costs of improvements, fees for planning, surveying, and engineering services provided for and directly related to the construction of system improvements, and debt service charges if the City might use impact fees as a revenue stream to pay principal and interest on bonds or other obligations to finance the cost of system improvements.
b.
The City has held a public hearing on May 7, 2013, and a copy of the Ordinance adopting this Chapter was available in its substantially final form at the Municipal Center, 23 East Center Street, in the City Recorder's Office at least ten (10) days before the date of the hearing, all in conformity with the requirements of Utah Code Annotated 10-9a-205.
c.
This Chapter adopting or modifying impact fees contains such detail and elements as deemed appropriate by the City Council, including a designation of the service area within which the impact fees are to be calculated and imposed. The City Service Area will be the service area included in the Impact Fee Analyses, which is defined as all of the areas within the corporate limits and jurisdictional boundaries of the City.
d.
The standard impact fee may be adjusted at the time the fee is charged in response to unusual circumstances or to fairly allocate costs associated with impacts created by a development activity or project. The standard impact fee may also be adjusted to ensure that impact fees are imposed fairly for affordable housing policy, and other development activities with broad public purposes. The impact fee assessed to a particular development may also be adjusted should the developer supply sufficient written information and/or data to the City showing a discrepancy between the fee being assessed and the actual impact on the system.
e.
To the extent that new growth and development will be served by previously constructed improvements, the City's impact fees may include public facility costs and outstanding bond costs related to the public facilities improvements previously incurred by the City. These costs may include all projects included in the Impact Fee Facilities Plan which are under construction or completed but have not been utilized to their capacity, as evidenced by outstanding debt obligations. Any future debt obligations determined to be necessitated by growth activity will also be included to offset the costs of future capital projects.
2.
A developer, including a school district or charter school, may be allowed a credit against impact fees for any dedication of land for system improvements, a dedication of a public facility that will result in a reduced need for system improvements, or improvement to land or new construction of system improvements provided by the developer provided that it is (i) identified in the City's Impact Fee Facilities Plan and (ii) required by the City as a condition of approving the development activity. Otherwise, no credit may be given.
3.
The City will establish separate interest-bearing ledger accounts for each type of public facility for which an impact fee is promulgated in accordance with the requirements of the Impact Fees Act and deposited in the appropriate ledger account. Interest earned on each fund or account shall be segregated to that account. Impact fees collected prior to the effective date of this Chapter need not meet the requirements of this Section.
a.
At the end of each fiscal year, the City shall prepare a report on each fund or account generally showing the source and amount of all monies collected, earned and received by the fund or account and each expenditure from the fund or account.
b.
The City may expend impact fees covered by the Impact Fee Policy only for system improvements that are (i) public facilities identified in the City's Impact Fee Facilities Plan and (ii) of the specific public facility type for which the fee was collected.
c.
Impact fees collected pursuant to the requirements of this Impact Fee Policy are to be expended, dedicated or encumbered for a permissible use within six (6) years of the receipt of those funds by the City, unless the City Council directs otherwise. For purposes of this calculation, the first funds received shall be deemed to be the first funds expended.
d.
The City may hold previously dedicated or unencumbered fees for longer than six (6) years if it identifies in writing (i) an extraordinary and compelling reason why the fees should be held longer than six (6) years and (ii) an absolute date by which the fees will be expended.
4.
The City shall refund any impact fees paid by a developer plus interest actually earned when (i) the developer does not proceed with the development activity and files a written request for a refund; (ii) the fees have not been spent or encumbered; and (iii) no impact has resulted. An impact that would preclude a developer from a refund from the City may include any impact reasonably identified by the City, including, but not limited to the City having sized facilities and/or paid for, installed and/or caused the installation of facilities based in whole or in part upon the developer's planned development activity even though that capacity may, at some future time, be utilized by another development.
5.
The impact fees authorized hereby are separate from and in addition to user fees and other charges lawfully imposed by the City and other fees and costs that may not be included as itemized component parts of the Impact Fee Schedule. In charging any such fees as a condition of development approval, the City recognizes that the fees must be a reasonable charge for the service provided.
6.
Unless the City is otherwise bound by a contractual requirement the impact fee shall be determined from the fee schedule in effect at the time of payment in accordance with the provisions of KCC 8-6-6.
7.
The City will collect the impact fees at the time of building permit issuance. The fees will be calculated by the City.
8.
Should any developer undertake development activities such that the ultimate density or other impact of the development activity is not revealed to the City, either through inadvertence, neglect, a change in plans, or any other cause whatsoever, and/or the impact fee is not initially charged against all units or the total density within the development, the City shall be entitled to charge an additional impact fee to the developer or other appropriate person covering the density for which an impact fee was not previously paid.
(Ord. 19-02-02, 2/21/2019)
8-6-5 - Impact Fee Facilities Plan.#
The City has developed an Impact Fee Facilities Plan for the Water, Power, Street, Recreation, and Police systems. The Impact Fee Facilities Plan has been prepared based on reasonable growth assumptions for the City and general demand characteristics of current and future users of the Water, Power, Streets, Recreation, and Police systems. Furthermore, the Impact Fee Facilities Plan identifies the impact on system improvements created by development activity and estimates the proportionate share of the costs of impacts on system improvements that are reasonably related to new development activity.
(Ord. 19-02-02, 2/21/2019)
8-6-6 - Impact Fee Schedules and Formulas.#
1.
The fee schedules included herein represent the maximum impact fees which the City may impose on development within the defined Service Area and are based upon general demand characteristics and potential demand that can be created by each class of user. The City reserves the right as allowed by law to assess an adjusted fee to respond to unusual circumstances to ensure that fees are equitably assessed.
2.
The City may decrease the impact fee if the developer can provide documentation that the proposed impact will be less than what could be expected given the type of user. (Utah Code 11-36a-402(1)(d))
3.
The City reserves the right to establish the impact fees as established in this Chapter by Rate Resolution or Consolidated Fee Schedule. In no event will the impact fees established by Resolution exceed the maximum supportable impact fee schedule.
4.
The amounts of the Impact Fees adopted are:
Water Impact Fee: Meter Size (inches) Impact Fee
3/4 $889
1 $1,484
1 1/2 $2,960
2 $4,737
3 $10,372
4 $17,775
6 $37,034
Power Impact Fee: AMPS KVA Peak Demand (kW) Impact Fee
Residential Single Phase Service Sizes
100 24 3 $421
125 30 4 $561
150 36 5 $701
200 48 6 $841
225 54 8 $1,122
400 96 12 $1,682
Commercial Single Phase Service Sizes
100 24 3 $421
125 30 5 $701
150 36 7 $981
200 48 12 $1,682
400 96 19 $2,664
Commercial 3 Phase (120/240 V) Service Sizes
125 52 9 $1,262
150 62 14 $1,963
200 83 18 $2,524
400 166 36 $5,047
600 249 54 $7,571
800 332 72 $10,094
1000 415 90 $12,618
1200 498 108 $15,141
1600 664 144 $20,189
2000 830 180 $25,236
Commercial 3 Phase (120/280 V) Service Sizes
125 45 9 $1,262
150 54 14 $1,963
200 72 18 $2,524
400 144 36 $5,047
600 216 54 $7,571
800 288 72 $10,094
1000 360 90 $12,618
1200 432 108 $15,141
1600 576 144 $20,189
2000 720 180 $25,236
Commercial 3 Phase (277/480 V) Service Sizes
125 104 20 $2,804
150 125 30 $4,206
200 166 42 $5,888
400 332 83 $11,636
600 498 125 $17,525
800 664 166 $23,273
1000 830 208 $29,161
1200 996 249 $34,909
1600 1329 333 $46,686
2000 1661 416 $58,322
Transportation Impact Fee: Development Classification Impact Fee
Residential (Per Unit)
Residential $558
Non-Residential (Per 1,000 SF)
General Commercial $1,652
Office $693
Institutional Church $751
Light Industrial $406
Recreation Impact Fee: Dwelling Type Impact Fee Per HH
Single Family $1,525
Multi Family $831
Police Impact Fee:
The City will not charge a public safety impact fee at this time. If a new police building is constructed, the impact of new growth in the system will be analyzed and a new fee will be considered.
(Ord. 19-02-02, 2/21/2019)
8-6-7 - Fee Exceptions and Adjustments.#
1.
The City may adjust the impact fees imposed pursuant to this Chapter as necessary in order to:
a.
Respond to unusual circumstances in specific cases;
b.
Ensure that the impact fees are imposed fairly:
c.
Ensure that the fee represents the proportionate share of the costs of providing such facilities which are reasonably related to and necessary in order to provide the services in question to anticipated future growth and development activities;
d.
Allow credits against impact fees for dedication of land for improvement to or new construction of any system improvements which are identified in the Impact Fee Facilities Plan and required by the City as a condition of approving the development activity. No credits shall be given for project improvements. The determination of what constitutes a project improvement will, of necessity, vary somewhat depending on the specific facts and circumstances presented by the nature, size and scope of any particular development activity. All new development activity will be required to install site improvements and facilities which are reasonably necessary to service the proposed development at adopted level of service standards; and
e.
Exempt low income housing and other development activities with broad public purposes from impact fees and establish one (1) or more sources of funds other than impact fees to pay for that development activity.
2.
The City Council shall have the authority to make such adjustments based upon reliable information submitted by an applicant and any recommendation from the City staff.
3.
The City Council may adopt policies consistent with this Chapter to assist in the implementation, administration and interpretation of this Chapter related to impact fees.
4.
If the applicant, person, or entity is not satisfied with any decision of the City staff, a further appeal may be made to the Administrative Law Judge under the procedures set forth in UCA § 11-36a-703.
(Ord. 19-02-02, 2/21/2019)