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HomeMy WebLinkAboutORD973ORDINANCE NO.973 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,RELATING TO DEVELOPMENT IMPACT FEES,ADOPTING THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE VOLUME II, LAND DEVELOPMENT CODE,CHAPTER 7,ARTICLE 7-1 DEVELOPMENT IMPACT FEES"BY REFERENCE;ESTABLISHING AN EFFECTIVE DATE FOR COLLECTION OF FEES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: WHEREAS,the City intends for new development to pay for its "proportionate share"of capital costs for infrastructure capacity;and WHEREAS,new development within the City of Apache Junction creates additional demands and generates the need for capital improvements to the major roadway system and police,park and library facilities:and WHEREAS,municipalities in Arizona have broad authority to impose development impact fees under Sec.§ 9-463.05 of the Arizona Revised Statutes;and WHEREAS,the imposition of development impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate new development. WHEREAS,the City entered into a contract with James Duncan and Associates to assist the City in evaluating the cost to the City of providing additional facilities to accommodate growth and development;and WHEREAS,James Duncan and Associates prepared a report entitled "Impact Fee Study,"which sets forth methodology and analysis for the determination of the impact of new development on the need for and costs for additional roadway, park,police and library facilities. SECTION I IN GENERAL That certain document entitled "Apache Junction City Code Volume II,Land Development Code,Chapter 7,Article 7-1 DEVELOPMENT IMPACT FEES",three copies of which are on file in the office of the City Clerk of the City of Apache Junction,Arizona,which document was made a public record by ORDINANCE NO.973 PAGE 1 OF 2 Resolution No.96-40 of the City of Apache Junction,Arizona,is hereby referred to,adopted and made a part hereof as if fully set out in this ordinance. SECTION I I EFFECTIVE DATE FOR COLLECTION OF FEES The Impact Fees established by this Ordinance shall be effective from and after March 1,1997. SECTION III REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION IV PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 17TH DAY OF DECEMBER ,1996. SIGNED AND ATTESTED TO THIS 18TH DAY OF DECEMBER ,1996 . ATTEST: KATHLEEN CONNELLY City Clerk APPROVEVAS TO FA WV/Kifin( GLENN J.rGIMUUT City Attorne ORDINANCE NO.973 PAGE 2 OF 2 DOUGLAS 90LEMAN Mayor APACHE JUNCTION CITY CODE VOLUME II,LAND DEVELOPMENT CODE, CHAPTER 7 ARTICLE 7-1 DEVELOPMENT IMPACT FEES Section 7-1-1 Impact Fees --General Provisions A.Title,Purpose and Administration. 1.This Section 7-1 shall be known as the "Impact Fee Ordinance,"and may be referred to herein as "this Ordinance." 2.This Ordinance is intended to ensure timely construction of off- site public capital improvements that are necessary to serve new development by ensuring that necessary financing is available for such improvements.The impact fees to be paid by each new development pursuant to this Ordinance are to be proportional to the impact that the new development will have on the types of facilities for which the fees are charged. 3.The City official with primary responsibility for administering this Ordinance is referred to herein as the Impact Fee Administrator.The Impact Fee Administrator shall be the Director of Development Services unless another person is so designated by the City Manager.The Impact Fee Administrator may delegate authority conferred by this Ordinance to other appropriate City staff. B.Applicability The collection of impact fees shall apply to all new development in the City,unless otherwise provided herein.Until any impact fee required by this Ordinance has been paid in full,no building permit,electrical permit,certificate of compliance,certificate of occupancy,or other permit for any development shall be issued.A stop work order shall be issued on any development for which the applicable impact fee has not been paid in full. 1.Park and library impact fees shall apply only to new residential development. PAGE 1 OF 20 2.The movement of a structure onto a lot shall be considered development and shall be subject to the impact fee provisions, unless otherwise provided herein. 3.Impact fees for recreational vehicle parks shall be assessed for the entire development,based on the number of recreational vehicle spaces created,at the time of application for the first building,electrical,or other permit for the development.No additional impact fees shall be assessed on subsequent building or electrical permits in the recreational vehicle park unless additional spaces are created. 4.The impact fee provisions shall not apply to the following actions: a.Placing on a lot in the City a temporary construction trailer or office,but only for the life of the building permit issued for the construction served by the trailer or office:and b.Any development,including but not limited to the mere subdivision of land,installation of utilities,or the use of land for limited recreational,agricultural,filling or dredging purposes,which,in the opinion of the Impact Fee Administrator,will not result in a net increase of more than one (1)one-way Average Daily Trip. C.Service Areas 1.The following impact fee service areas are hereby established: a.For the purpose of road impact fees,the service area shall be all of the incorporated area of the City. b.For the purpose of police impact fees,the service area shall be all of the incorporated area of the City. c.For the purpose of park impact fees,the service area shall be all of the incorporated area of the City. d.For the purpose of library impact fees,the service area shall be all of the incorporated area of the City. PAGE 2 OF 20 2.Impact fees shall be assessed only on new development located within the service area. 3.Impact fees collected within the service area shall be spent within the service area. 4.The appropriateness of the designation and boundaries of the service areas shall be reviewed by the City as part of the impact fee revision process set forth in Section 7-1-1.0:Updates and Revisions of the Impact Fees.Following such review and a public hearing,the service areas may be amended. D.Phase -in Schedule The impact fees imposed under this ordinance,whether based on a fee schedule or an individual fee assessment,shall be charged at a reduced rate for building permits or other applicable permits issued from and after March 1,1997 and during the first months that this ordinance is in effect,as follows: 1.Impact fees shall be collected beginning March 1,1997: 2.Impact fees collected prior to April 1,1997,be assessed at 50% of the full amount; 3.Impact fees collected on or after April 1,1997,be assessed at 75% of the full amount; 4.Impact fees collected on or after May 1,1997 shall be assessed at one hundred percent (100%)of the full amount. E.Calculation of Impact Fees Based on Fee Schedule 1.Unless an applicant requests an individual assessment as set forth in the following subsection,the impact fees shall be calculated for the proposed development based on any plan approval and/or permit allowing the use,according to the applicable fee schedule. 2.The following impact fee schedules have been adopted by City Council resolution and are incorporated herein by reference: a.Road Impact Fee Schedule (see also Section 7-1-2.A); b.Police Impact Fee Schedule (see also Section 7-1-3.A); PAGE 3 OF 20 c.Park Impact Fee Schedule (see also Section 7-1-4.A);and d.Library Impact Fee Schedule (see also Section 7-1-5.A). 3.The land uses specified in the impact fee schedules shall be interpreted as follows: a.Single -Family Detached shall include "dwelling,single family"as defined in Section 5.0101 of the City Zoning Code.The definition excludes mobile homes and recreational vehicles. b.Mobile Home shall include "mobile home,"and "manufactured home"as defined in Section 5.0101 of the City Zoning Code and "park trailer"as defined in ARS § 41-2142(29),and shall also be interpreted as the creation of a new recreational vehicle (as defined in ARS § 41-2142(29))space in a recreational vehicle park. c.Multi -Family shall include any "dwelling unit,"as defined in Section 5.0101 of the City Zoning Code,that does not fit the definition of Single -Family Detached or Mobile Home. d.Nonresidential land uses in the road and police impact fee schedules shall be defined according to the descriptions of land uses in the most current edition of Trip Generation, published by the Institute of Transportation Engineers, provided that retail uses not separately identified shall be classified in the shopping center category and institutional uses not separately identified shall be classified in the general office category. 4.The units of development specified in the fee schedule shall be interpreted as follows: a.A dwelling shall be interpreted as "dwelling unit"is defined in Section 5.0101 of the City Zoning Code,provided that it shall also be interpreted as the creation of a new recreational vehicle (as defined in ARS § 41-2142(29))space in a recreational vehicle park. PAGE 4 OF 20 b.Building square footage shall be measured in terms of gross floor area,measured from the outside surfaces of the building walls. 5.For categories of uses not specified in the applicable impact fee schedule,the Impact Fee Administrator shall apply the category of use set forth in the applicable fee schedule that is deemed to be most similar to the proposed use. 6.If any plan or permit approval for the proposed development indicates a mix of uses in the development,the impact fees shall be calculated separately for each use according to the fee schedule,and the results aggregated. 7.For an addition to or remodeling or replacement of existing structures,or for a change of use of an existing structure,the impact fee to be paid shall be the difference,if any,between: a.the fee,if any,that would be payable for existing development on the site or,in the case of demolition or removal of a structure,the previous development on the site,provided that the demolition or removal has occurred within one (1)year of the date of submittal of the application for which impact fees are assessed;and b.the fee,if any,that would be payable for the total development on the site after the new development. 8.Upon written request of an applicant,the Impact Fee Administrator shall provide an estimate of the current fee based on the data provided by the applicant.However,the Impact Fee Administrator shall not be responsible for determining at such preliminary date the accuracy of the information provided,nor shall such estimate provide any vested rights. F.Individual Assessment of Impact Fees If any person submitting an application for which payment of an impact fee is a prerequisite to approval believes that the impacts of the proposed development will be substantially less than would be indicated by using the fee schedule,such person may request to perform an individual assessment of the impact of the proposed development.A request for an individual assessment must be made prior to submittal of an application for a building permit. PAGE 5 OF 20 1.The individual assessment shall be subject to the following special standards and procedures: a.Road Impact Fees:as set forth in Section 7-1-2.B. b.Police Impact Fees:as set forth in Section 7-1-3.B. c.Park Impact Fees:as set forth in Section 7-1-4.B. d.Library Impact Fees:as set forth in Section 7-1-5.B. 2.If the Impact Fee Administrator accepts the computations of the individual assessment under this section,the applicable fee shall be determined from the individual assessment. G.Collection of Impact Fees 1.Except as set forth in the following paragraph,the impact fees for all new development shall be calculated and collected in conjunction with the application for the first building permit or electrical permit,certificate of compliance or occupancy,or other permit for such development,whichever occurs first in time. 2.For other uses not ultimately requiring a building permit, electrical permit,certificate of compliance or occupancy,or other permit,the fee shall be calculated and collected at such time as determined by the Impact Fee Administrator. H.Fund Accounting for Impact Fees 1.The City shall establish a separate accounting fund in which the impact fees collected for a particular type of facility within the service area shall be credited.Such fees shall be invested by the City and the yield on such fees,at the actual rate of return to the City,shall be credited to such accounting fund periodically in accordance with the accounting policies of the City.Such funds need not be segregated from other City monies for banking purposes. 2.Any yield on such accounting fund into which the fees are deposited shall accrue to that fund and shall be used for the purposes specified for such fund. PAGE 6 OF 20 3.The City shall maintain and keep financial records for such accounting fund showing the revenues to such fund and the disbursements from such fund,in accordance with normal City accounting practices.The records of such fund shall be open to public inspection in the same manner as other financial records of the City. I.Expenditure of Impact Fees Impact fees may only be spent on qualifying improvements,as follows: 1.Road Impact Fees shall be spent as set forth in Section 7-1-2.C. 2.Police Impact Fees shall be spent as set forth in Section 7-1-3.C. 3.Park Impact Fees shall be spent as set forth in Section 7-1-4.C. 4.Library Impact Fees shall be spent as set forth in Section 7-1- 5.C. J.Refunds of Impact Fees 1.Any impact fee or portion thereof collected pursuant to this Ordinance,which has not been committed for a use permitted by Section 7-1-1.1:Expenditure of Impact Fees,within seven (7) years from the last day of the fiscal year in which it was received by the City,shall be refunded to the current record owner of the property upon written application.Impact fees shall be deemed to be "committed"in the order in which they are received and committed by the City.The refund shall include accrued interest at the rate of return on investments earned by the City on such amount.In disbursing such funds the City may rely on the written certification of the current record owner of the property as to his entitlement to the refund,in the absence of a written assertion by another party that such proposed payee is not the proper payee.If in doubt,the City may deposit such funds in an appropriate court for disposition as the court may determine.In such event,the City may deduct from the funds deposited an amount equal to the reasonable cost of causing the funds to be deposited with the court,including reasonable attorney's fees. 2.If development for which an impact fee has been paid has not begun,the impact fee and any accrued interest thereon shall be PAGE 7 OF 20 returned to the applicant provided that the applicant applies for the refund in writing within sixty (60)days after the expiration of the building permit or other approval (or any extension thereof)on which it was assessed. 3.The City shall charge an administrative fee for verifying and computing the refund of three percent (3%)of the amount of the refund. K.Offsets to Impact Fees Offsets,which are reductions from the impact fee that would otherwise be due from a development,shall be subject to the following provisions. 1.An offset shall be applied against impact fees otherwise due for qualifying improvements,as defined in Section 7-1-1.1: Expenditure of Impact Fees,that are required to be made by a developer as a condition of development approval. 2.Offsets shall be allowable and payable only to offset impact fees otherwise due for the same category of improvements and shall not result in reimbursement from,nor constitute a liability of,the City. 3.Offsets shall be given only for the value of any construction of improvements or contribution or dedication of land or money by a developer or his predecessor in title or interest for qualifying improvements of the same category for which an impact fee was imposed. 4.The person applying for an offset shall be responsible for providing appraisals of land and improvements,construction cost figures,and documentation of all contributions and dedications necessary to the computation of the offset claimed.The Impact Fee Administrator shall have no obligation to grant offsets to any person who cannot provide such documentation in such form as the Impact Fee Administrator may reasonably require. 5.The value of land dedicated or donated shall be based on the appraised land value of the parent parcel (which land value is based on the date of transfer of ownership to the City)as determined by a certified appraiser who was selected and paid for by the applicant,and who used generally accepted appraisal techniques.If the City disagrees with the appraised value,the PAGE 8 OF 20 City may engage another appraiser at the City's expense,and the value shall be an amount equal to the average of the two appraisals.If either party rejects the average of the two appraisals,a third appraisal shall be obtained,with the cost of such third appraisal being shared equally by the property owner and the City.The third appraiser shall be selected by the first two appraisers,and the third appraisal shall be binding on both parties. 6.Offsets provided for qualifying improvements meeting the requirements of this section shall be valid from the date of approval until seven (7)years after the date of approval or until the last date of construction within the project,whichever occurs first. 7.The right to claim offsets shall run with the land and may be claimed only by owners of property within the development for which the qualifying improvement was required. 8.Any claim for offsets must be made no later than the time of submittal of a building permit application or application for another permit that is subject to impact fees.Any claim not so made shall be deemed waived. L.Developer Agreements for Impact Fees 1.Where a development includes or requires a qualifying improvement, as defined in Section 7-1-1.1:Expenditure of Impact Fees,the City and the developer may agree in writing to have the developer participate in the financing or construction of part or all of the qualifying improvements.Such agreement may provide for cash reimbursements,offsets,or other appropriate compensation to the developer for the developer's participation in the financing and/or construction of the improvements. 2.The agreement shall include: a.the estimated cost of the qualifying improvements,using the lowest responsive bid by a qualified bidder,which bid is approved by the Impact Fee Administrator;or,if no bid is available,the estimated cost certified by a licensed Arizona engineer and approved by the Impact Fee Administrator; PAGE 9 OF 20 b.a schedule for initiation and completion of the improvement; c.a requirement that the improvement be designed and completed in compliance with any applicable City ordinances;and, d.such other terms and conditions as deemed necessary by the City. M.Relief Procedures and Hearings The developer who owes or has paid an impact fee may appeal the assessment or payment of the fee to the Board of Adjustment in accordance with procedures applicable to administrative appeals. N.Impact Fee as Supplemental Regulation to Other Financing Methods 1.Except as herein otherwise provided,impact fees are in addition to any other requirements,taxes,fees,or assessments imposed by the City on development or the issuance of building permits or certificates of occupancy which are imposed on and due against property within the jurisdiction of the City.Impact fees are intended to be consistent with the City's Comprehensive Plan, Capital Improvements Program,Land Development Code,and other City policies,ordinances and resolutions by which the City seeks to ensure the provision of capital facilities in conjunction with development. 2.In addition to the use of impact fees,the City may finance qualifying capital improvements through the issuance of bonds,the formation of assessment districts or any other authorized mechanism,in such manner and subject to such limitations as may be provided by law. 0.Updates and Revisions of the Impact Fees 1.On January 1 following each calendar year during which the impact fee schedules have not been updated to reflect changes in construction costs,the Impact Fee Administrator shall prepare updated impact fee schedules to reflect changes in average construction costs as provided herein.The Impact Fee Administrator shall also calculate updated net costs per service unit to be used in individual impact fee calculations using the same procedure.The proposed revisions shall then be presented to the Mayor and City Council for action. PAGE 10 OF 20 a.The fees in the impact fee schedules and the net costs per service unit shall be multiplied by the following Construction Cost Factor. b.The Construction Cost Factor shall be the ratio of the most current quarterly national Construction Cost Index (CCI) published by Engineering News -Record magazine divided by the CCI for the same quarter of the previous year.In the event that the CCI ceases to be published,the Construction Cost Factor shall be calculated in a comparable manner using the national Consumer Price Index,All Urban Consumers published by the U.S.Census Bureau. 2.Not less often than every three (3)years,the Planning Commission,following a public hearing,shall review and,i f warranted,recommend changes in the schedules of impact fees. Factors to be considered may include,without limitation,past and projected growth in residential and nonresidential development. qualifying improvements actually constructed,changing levels of service,revised cost estimates for qualifying improvements, changes in the availability of other funding sources,changes in demand generation characteristics,sources of non -City funds and such other factors as may be relevant. Section 7-1-2 Road Impact Fees A.Road Impact Fee Schedule At the option of the applicant,the Road Impact Fee may be calculated based on the adopted Road Impact Fee Schedule.The Impact Fee Administrator shall determine the land use category in the fee schedule that best represents the proposed use in terms of trip generation characteristics.In the event that the Impact Fee Administrator determines that the land use categories,trip generation rates or primary trip factors in the fee schedule do not accurately reflect the proposed development,the Impact Fee Administrator shall determine the fee based on the land use categories,trip generation rates or equations and/or primary trip data contained in the most current edition of the Institute of Transportation Engineers Trip Generation manual (ITE manual).The Impact Fee Administrator shall make the determination of the appropriate land use category,trip generation rate or equation and primary trip factor based on the appropriateness and quality of the PAGE 11 OF 20 data,the guidelines for determining whether to use trip generation rates or equations set forth in the ITE manual,and other relevant considerations.Once the appropriate land use and travel demand factors have been determined,the Impact Fee Administrator shall calculate the fee using the following formula. FEE = One -Way Average Daily Trips (ADT)x Primary Trip Factor x Average Trip Length x Average Cost per Daily Travel Mile. Where: One -Way Average Daily Trips means one-half the average daily trip ends on a weekday. Primary Trip Factor means the percentage of average daily trips to or from the development that are primary trips,as opposed to pass -by or diverted -link trips. Average Trip Length means the average distance per trip traveled on the City's major roadway system. Average Cost per Daily Travel Mile shall be $22.65 for the 1997 calendar year,and as recalculated by the Impact Fee Administrator in succeeding years as provided in Section 7-1-1.0.1. B.Individual Assessments of Road Impact Fees 1.The individual assessment shall be prepared by a qualified traffic engineer or engineering firm at the cost of the applicant. 2.The traffic study shall be signed by the traffic engineer submitting the assessment and shall include,without limitation, the following elements: a.A projection of the number of vehicular trips entering and departing from the project during an average weekday. b.If the site is already developed,and some or all of the existing development will be replaced by the completed project,a calculation of the number of vehicular trips for that portion of the existing development which will be replaced by the completed project. PAGE 12 OF 20 c.The percentage of those trips identified in a.and b.above which are "primary trips"(as opposed to "pass -by trips"or "diverted -link trips"for which the project is not the primary destination). d.The average length of those trips on the City's major roadway system. e.The assumptions and conclusions from which any projections are made.If the assumptions or conclusions are derived from the current edition of the ITE manual or other standard reference materials,the materials shall be identified and appropriate excerpts or specific references provided. Otherwise,the reasoning underlying the assumptions and conclusions shall be clearly stated in writing. f.Such other information as the Impact Fee Administrator shall reasonably request. 3.The Impact Fee Administrator shall determine the fee based on the review of the independent assessment and the guidelines and formula described in the preceding Section 7-1-2.A.Road Impact Fee Schedule. C.Use of Road Impact Fees 1.The revenues from Road Impact Fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying major roadway improvements,as determined by the City Council,provided that the improvements are shown on the City's Capital Improvements Program and are located within the same service area.Road Impact Fee revenues may also be used to reimburse a developer for improvements to the City's major roadway system as set forth in a developer agreement. regardless of whether the improvement is listed in the Capital Improvements Program. 2.Qualifying road improvements are limited to improvements to the City's major roadway system.The City's major roadway system consists of all City -maintained roadways or portions thereof that are classified as collectors or arterials by the City of Apache Junction's adopted Street Classification Plan. PAGE 13 OF 20 3.Qualifying improvement costs include project engineering costs; the acquisition cost of rights -of -way and easements:the construction cost of improvements,including,but not limited to. street travel lanes,public pedestrian and bicycle pathways, turning lanes,lighting,signalization,signage and landscaping improvements that are required for the roadway improvement to function effectively:and the principal,interest and other financing costs of bonds,notes or other obligations issued by or on behalf of the City to finance qualified improvements.Such revenues may also fund the cost of consultants used in updating the transportation portion of the Capital Improvements Program and in updating the road impact fee computations. 4.Monies collected as Road Impact Fees shall not be used to pay for any of the following: a.construction,acquisition or expansion of public facilities other than qualifying road improvements: b.road improvements,such as acceleration or deceleration lanes,that primarily serve,or are needed to mitigate the impacts of,an individual development: c.repair,operation or maintenance of existing streets; d.City personnel and consultants hired for purposes other than those expressly permitted under Section 7-1-2.C,subsections 1 and 2 above:or e.streets and related transportation improvements that are within or adjacent to and intended to serve only a specific development such as a new residential subdivision. Section 7-1-3 Police Impact Fees A.Police Impact Fee Schedule At the option of the applicant,the Police Impact Fee may be calculated based on the adopted Police Impact Fee Schedule.The Impact Fee Administrator shall determine the land use category in the fee schedule that best represents the proposed use in terms of functional population characteristics.In the event that the Impact Fee Administrator determines that the nonresidential land use categories in the fee PAGE 14 OF 20 schedule do not accurately reflect the proposed development,the Impact Fee Administrator shall determine the fee based on the land use categories,trip generation rates or equations,average vehicle occupancy and/or other data contained in the most current edition of the Institute of Transportation Engineers Trip Generation manual (TIE manual)or other appropriate source.The Impact Fee Administrator shall make the determination of the appropriate land use category,trip generation rate or equation and other factors based on the appropriateness and quality of the data,the guidelines for determining whether to use trip generation rates or equations set forth in the ITE manual,and other relevant considerations.Once the appropriate land use,trip generation and other factors have been determined,the Impact Fee Administrator shall calculate the fee using the following formula. FEE = Functional population/1000 sf x Net Cost per Functional Population Where: Functional population/1000 sf =(employee hours/1000 sf + visitor hours/1000 sf)+ 16 hours/day Employee hours/1000 sf = employees/1000 sf x 10 hrs/day Visitor hours/1000 sf = visitors/1000 sf x 1 hour/visit Visitors/1000 sf = weekday ADT/1000 sf x avg.vehicle occupancy - employees/1000 sf Weekday ADT/1000 sf = one-way average daily trips (total trip ends —2) Net Cost per Functional Population shall be $72.07 for the 1997 calendar year,and as recalculated by the Impact Fee Administrator in succeeding years as provided in Section 7-1-1.0.1. B.Individual Assessments of Police Impact Fees The Police Impact Fee may be calculated based upon individual assessment.An individual assessment shall be at the cost of the applicant,and shall be performed by a traffic engineer or other professional as approved by the Impact Fee Administrator. PAGE 15 OF 20 1.The individual assessment for a residential use shall include, without limitation,the data sources and calculations used to derive the average household size for the type of dwelling units proposed.The impact fee per dwelling unit shall be calculated according to the following formula: FEE = Average Household Size x Occupancy Factor x Net Cost per Functional Population Where: Average Household Size is the average number of persons residing in occupied dwelling units of the proposed housing type. Occupancy Factor shall be 0.50 until re -calculated by the City and this Ordinance is updated to reflect such re -calculation. Net Cost per Functional Population shall be $72.07 for the 1997 calendar year,and as recalculated by the Impact Fee Administrator in succeeding years as provided in Section 7-1-1.0.1. 2.The individual assessment for a nonresidential use shall include, without limitation,the following elements: a.A projection of the number of vehicular trips entering and departing from the project during an average weekday. b.The average number of persons occupying vehicles entering the project. c.The average number of hours spent by employees and visitors at the site during an average weekday. d.The assumptions and conclusions from which any projections are made.If the assumptions or conclusions are derived from the current edition of the ITE manual or other standard reference materials,the materials shall be identified and appropriate excerpts or specific references provided. Otherwise,the reasoning underlying the assumptions and conclusions shall be clearly stated in writing. e.Such other information as the Impact Fee Administrator shall reasonably request. PAGE 16 OF 20 3.The Impact Fee Administrator shall determine the fee based on the review of the independent assessment and the guidelines and formula described in the preceding Section 7-1-3.A,Police Impact Fee Schedule,or the formula for residential uses described in Section 7-1-3.B.1. C.Use of Police Impact Fees 1.The revenues from Police Impact Fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying police improvements,as determined by the City Council,provided that the improvements are shown on the Capital Improvements Program and are located within the same service area. 2.Qualifying police improvements are limited to capital improvements to the City's Public Safety Building,acquisition of capital equipment required for police operations,or other similar improvements,including the principal,interest and other financing costs of bonds,notes or other obligations issued by or on behalf of the City to finance qualified improvements.Such revenues may also fund the cost of consultants used in updating the police portion of the Capital Improvements Program and in updating the police impact fee computations. 3.Monies collected as Police Impact Fees shall not be used to pay for any of the following: a.construction,acquisition or expansion of public facilities other than qualifying police improvements; b.retirement of debt incurred for police facilities constructed prior to the effective date of this ordinance; c.repair,operation,maintenance or replacement of existing police facilities or capital equipment; d.City personnel and consultants hired for purposes other than those expressly permitted under Section 7-1-3.C,subsections 1 and 2 above. Section 7-1-4 Park Impact Fees PAGE 17 OF 20 A.Park Impact Fee Schedule At the option of the applicant,the Park Impact Fee may be calculated based on the adopted Park Impact Fee Schedule. B.Individual Assessments of Park Impact Fees 1.The individual assessment for use shall include,without limitation,the data sources and calculations used to derive the average household size for the type of dwelling units proposed. The impact fee per dwelling unit shall be calculated according to the following formula: FEE = Average Household Size x Net Cost per Person Where: Average Household Size is the average number of persons residing in occupied dwelling units of the proposed housing type. Net Cost per Person shall be $48.52 for the 1997 calendar year, and as recalculated by the Impact Fee Administrator in succeeding years as provided in Section 7-1-1.0.1. 2.The Impact Fee Administrator shall determine the fee based on the review of the independent assessment and the guidelines and formula described in the preceding section 8.1. C.Use of Park Impact Fees 1.The revenues from Park Impact Fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying park improvements,as determined by the City Council,provided that the improvements are shown on the Capital Improvements Program and are located within the same service area. 2.Qualifying park improvements are limited to acquisition of park sites:park site development costs,including grading,utilities, landscaping,lighting,fencing,signage and construction of parking facilities:acquisition,construction and installation of park facilities and equipment:or other similar improvements, including the principal,interest and other financing costs of bonds,notes or other obligations issued by or on behalf of the PAGE 18 OF 20 City to finance qualified improvements.Such revenues may also fund the cost of consultants used in updating the park portion of the Capital Improvements Program and in updating the park impact fee computations. 3.Monies collected as Park Impact Fees shall not be used to pay for any of the following: a.construction,acquisition or expansion of public facilities other than qualifying park improvements; b.retirement of debt incurred for park facilities constructed prior to the effective date of this ordinance; c.repair,operation,maintenance or replacement of existing park facilities or capital equipment; d.City personnel and consultants hired for purposes other than those expressly permitted under Section 7-1-4.C,subsections 1 and 2 above. Section 7-1-5 Library Impact Fees A.Library Impact Fee Schedule At the option of the applicant,the Library Impact Fee may be calculated based on the adopted Library Impact Fee Schedule. B.Individual Assessments of Library Impact Fees.Individual assessments of Library Impact Fees shall be allowed as follows: 1.The individual assessment for use shall include,without limitation,the data sources and calculations used to derive the average household size for the type of dwelling units proposed. The impact fee per dwelling unit shall be calculated according to the following formula: FEE = Average Household Size x Net Cost per Person Where: Average Household Size is the average number of persons residing in occupied dwelling units of the proposed housing type. PAGE 19 OF 20 Net Cost per Person shall be $40.32 the 1997 calendar year,and as recalculated by the Impact Fee Administrator in succeeding years as provided in Section 7-1-1.0.1. 2.The Impact Fee Administrator shall determine the fee based on the review of the independent assessment and the guidelines and formula described in the preceding section B.1. C.Use of Library Impact Fees 1.The revenues from Library Impact Fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying library improvements,as determined by the City Council,provided that the improvements are shown on the Capital Improvements Program and are located within the same service area. 2.Qualifying library improvements are limited to acquisition of library sites;library site development costs,including grading, utilities,landscaping,lighting,fencing,signage and construction of parking facilities;acquisition,construction and installation of library facilities and equipment;or other similar improvements,including the principal,interest and other financing costs of bonds,notes or other obligations issued by or on behalf of the City to finance qualified improvements.Such revenues may also fund the cost of consultants used in updating the library portion of the Capital Improvements Program and in updating the library impact fee computations. 3.Monies collected as Library Impact Fees shall not be used to pay for any of the following: a.construction,acquisition or expansion of public facilities other than qualifying library improvements: b.retirement of debt incurred for library facilities constructed prior to the effective date of this ordinance; c.repair,operation,maintenance or replacement of existing library facilities or capital equipment; d.City personnel and consultants hired for purposes other than those expressly permitted under Section 7-1-5.C,subsections 1 and 2 above. PAGE 20 OF 20 ROAD IMPACT FEE SCHEDULE, 1997 Land Use Unit Daily VMT Net Cost per VMT Impact Fee/Unit Residential Single -Family Detached Dwelling 9.61 $26.44 $254 Mobile Home/Recreational Vehicle Dwelling 4.84 $26.44 $128 Multi -Family Dwelling 6.51 $26.44 $172 Retail/Commercial Shopping Center/General Retail 1000 sq. ft.22.48 $26.44 $594 Building Material/Lumber 1000 sq. ft.22.88 $26.44 $605 Convenience Store 1000 sq. ft.79.28 $26.44 $2,096 Discount Store 1000 sq. ft.32.10 $26.44 $849 Drive -In Bank 1000 sq. ft.54.70 $26.44 $1,446 Fast Food Restaurant 1000 sq. ft.66.57 $26.44 $1,760 Sit -Down Restaurant 1000 sq. ft.40.02 $26.44 $1,058 Movie Theater 1000 sq. ft.43.76 $26.44 $1,157 New Car Sales 1000 sq. ft.26.96 $26.44 $713 Nursery/Garden Center 1000 sq. ft.20.29 $26.44 $536 Hotel/Motel 1000 sq. ft.28.34 $26.44 $749 Office/Institutional General Office/Institutional 1000 sq. ft.16.70;$26.44 $442 Medical Office 1000 sq. ft.34.35 $26.44 $908 Hospital 1000 sq. ft.16.86 $26.44 $446 Nursing Home 1000 sq. ft. . 5.23 $26.44 $138 Church/Synagogue 1000 sq. ft.9.37 $26.44 $248 Day Care Center 1000 sq. ft. . 7.13 $26.44 $189 Elementary School 1000 sq. ft.0.96 $26.44 $25 High School 1000 sq. ft. , 2.04 $26.44 $54 Industrial General Light Industrial 1000 sq. ft.7.01 $26.44 $185 Warehouse 1000 sq. ft.4.90 $26.44 $130 Mini -Warehouse 1000 sq. ft.2.63 $26.44 $70 POLICE IMPACT FEE SCHEDULE, 1997 Land Use Type Unit Functional Population/ Unit Net Cost/ Functional Population Impact Fee/ Unit Residential , Single -Family Detached Dwelling . 1.34 $74.22 $99 Mobile Home/Recreational Vehicle Dwelling 1.03 $74.22 $76 Multi -Family Dwelling 1.29 $74.22 $96 Retail/Commercial Shopping Center/General Retail 1000 sq. ft.1 4.13 $74.22 $307 Building Materials 1000 sq. ft.2.96 . $74.22 $220 Convenience Store 1000 sq. ft.12.95 , $74.22 $961 Discount Store 1000 sq. ft. , 4.03 . $74.22 $299 Drive -In Bank 1000 sq. ft. . .9.54 $74.22 $708 Fast Food Restaurant 1000 sq. ft.16.52 . $74.22 $1,226 Sit -Down Restaurant 1000 sq. ft. , 10.84 . $74.22 $805 Movie Theater 1000 sq. ft. . 5.15 $74.22 $382 New Car Sales 1000 sq. ft. . 3.78 , $74.22 $281 Nursery/Garden Center 1000 sq. ft. , 2.92 $74.22 $217 Hotel/Motel 1000 sq. ft.3.61 $74.22 $268 Office/Institutional General Office/Institutional 1000 sq. ft.2.61 $74.22 $194 Medical Office . 1000 sq. ft.4.09 $74.22 $304 Hospital . i 1000 sq. ft.2.60 $74.22 $193 Nursing Home 1000 sq. ft.0.96 $74.22 $71 Church/Synagogue . .1000 sq. ft.0.72 $74.22 $53 Day Care Center 1000 sq. ft.15.46 $74.22 $1,147 Elementary School 1000 sq. ft.4.04 $74.22 $300 High School , 1000 sq. ft.4.09 $74.22 $304 IndustriaINVarehouse General Light Industrial 1000 sq. ft.1.47 $74.22 $109 Warehouse 1000 sq. ft.0.90 $74.22 $67 Mini -Warehouse 1000 sq. ft.0.12 ,$74.22 $9 PARK IMPACT FEE SCHEDULE, 1997 Land Use Average Household Size Net Cost/ Person Impact Fee/ Unit Single -Family Detached 2.68 $102.71 $275 Mobile Home/Recreational Vehicle 2.07 $102.71 $213 Multi -Family 2.58 $102.71 $265 LIBRARY IMPACT FEE SCHEDULE, 1997 Land Use Average Household Size Net Cost/ Person Impact Fee/ Unit Single -Family Detached 2.68 $40.34 . $108 Mobile Home/Recreational Vehicle 2.07 $40.34 . $84 Multi -Family 2.58 $40.34 $104