The text
Footnotes:
--- (1) --- (Ord. 19-02-02, 2/21/2019)
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)