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HomeMy WebLinkAboutORD1018ORDINANCE NO.1018 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING DEVELOPMENT FEES,AND ADOPTING THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "AMENDMENTS TO APACHE JUNCTION CITY CODE VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 7,BY ARTICLE 7-1 DEVELOPMENT FEES" BY REFERENCE;ESTABLISHING AN EFFECTIVE DATE;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 of Apache Junction (hereafter referred to as "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,library,and municipal building facilities:and WHEREAS,municipalities in Arizona have broad authority to impose development fees under Section §9-463.05 of the Arizona Revised Statutes:and WHEREAS,the imposition of development 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:and WHEREAS,the City originally adopted development fees for roads,police,park, and library facilities in December,1996;and WHEREAS,the City entered into a contract with James Duncan and Associates to assist the City in updating the existing development fees and in determining the maximum development fees for municipal buildings:and WHEREAS,James Duncan and Associates prepared a report entitled "Development Fee Update 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,police,park,library,and municipal building facilities. ORDINANCE NO.1018 PAGE 1 OF 3 SECTION I IN GENERAL That certain document entitled "Amendments to 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 Resolution No.97-43 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 The provisions of this Ordinance and the public record adopted herein are effective from and after May 4,1998. 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 3RD DAY OF FEBRUARY ,1998. ORDINANCE NO.1018 PAGE 2 OF 3 SIGNED AND ATTESTED TO THIS 3RD DAY OF FEBRUARY ,1998. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: R.JOEL STERN City Attorney ORDINANCE NO.1018 PAGE 3 OF 3 DOUGLAS COLEMAN Mayor AMENDMENTS TO APACHE JUNCTION CITY CODE,VOLUME II LAND DEVELOPMENT CODE, CHAPTER 7 ARTICLE 7-1 DEVELOPMENT FEES Section 7-1-1 Development Fees --General Provisions A.Title,Purpose,and Administration 1.This Section 7-1 shall be known as the "Development 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 development 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 Development Fee Administrator.The Development Fee Administrator shall be the Director of Development Services unless another person is so designated by the City Manager.The Development Fee Administrator may delegate authority conferred by this Ordinance to other appropriate City staff. B.Applicability The collection of development fees shall apply to all new development in the City,unless otherwise provided herein.Until any development 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 development fee has not been paid in full. Article 7-1 Development Fees Page 1 of 33 1.Park and library development fees shall apply only to new residential development. 2.The movement of a structure onto a lot shall be considered development and shall be subject to the development fee provisions,unless otherwise provided herein. 3.The residential categories for Development Fee collection are as follows: •single-family,detached residential units,including site- built,manufactured,and modular; •mobile and manufactured homes in a designated park:and •indivdual dwelling units in a multi -family dwelling unit project. 4.Development fees for mobile home and recreational vehicle parks shall be assessed for the entire development,based on the number of mobile home and recreational vehicle spaces created at the time of application for the first building,electrical or other permit for the development.No additional development fees shall be assessed on subsequent building or electrical permits in the mobile home or recreational vehicle park unless additional spaces are created. 5.The development 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: b.Expansion upgrade,repair or replacement of an existing residential dwelling unit on a lot with a legal,conforming, residential dwelling unit or structure:and c.Any development,including but not limited to,the mere subdivision of land,installation of utilities,or the use Article 7-1 Development Fees Page 2 of 33 of land for limited recreational,agricultural,filling or dredging purposes which,in the opinion of the Development 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 development fee services are hereby established: a.For the purpose of road development fees,the service area shall be all of the incorporated area of the City. b.For the purpose of police development fees,the service area shall be all of the incorporated area of the City. c.For the purpose of park development fees,the service area shall be all of the incorporated area of the City. d.For the purpose of library development fees,the service area shall be all of the incorporated area of the City. e.For the purpose of municipal building development fees,the service area shall be all of the incorporated area of the City. 2.Development fees shall be assessed only on new development located within the service area. 3.Development 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 development fee revision process set forth in Section 7-1-1.0: Updates and Revisions of the Development Fees.Following such review and a public hearing,the services areas may be amended. D.Reserved Article 7-1 Development Fees Page 3 of 33 E.Calculation of Development Fees Based on Fee Schedule 1.Unless an applicant requests an individual assessment as set forth in the following subsection,the development 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 development fee schedules have been adopted by City Council resolution and are incorporated herein by reference: a.Road Development Fee Schedule (see also Section 7-1-2.A): b.Police Development Fee Schedule (see also Section 7-1-3.A); c.Park Development Fee Schedule (see also Section 7-1-4.A); d.Library Development Fee Schedule (see also Section 7-1-5.A); e.Municipal Building Development Fee Schedule (see also Section 7-1-6.A); 3.The land uses specified in the development 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 Ordinance.The definition includes mobile homes when located on a platted lot outside of a mobile home park. b.Mobile Home shall include "mobile home"and "manufactured home" as defined in Section 5.0101 of the City Zoning Ordinance and "park trailer" as defined in A.R.S.§41- 2142(29),and shall be interpreted as the creation of a new mobile home or recreational vehicle (as defined in A.R.S. §41-2142(29))space in a mobile home or recreational vehicle park. Article 7-1 Development Fees Page 4 of 33 c.Assisted Living Facility shall include multi -family dwelling units used or designed to be used by older persons,persons with disabilities or other persons needing assistance with day-to-day living matters,but not including nursing homes, hospitals or convalescent care facilities. d.Multi -family shall include any "dwelling unit"as defined in Section 5.0101 of the City Zoning Ordinance that does not fit the definition of Single-family Detaches,Mobile Home, or Assisted Living Facility. e.Nonresidential land uses in the road,police,and municipal building development 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" as defined in Section 5.0101 of the City Zoning Ordinance, provided that i t shall also be interpreted as the creation of a new mobile home or recreational vehicle space in a mobile home or recreational vehicle park. 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 development fee schedule,the Development 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 Article 7-1 Development Fees Page 5 of 33 indicates a mix of uses in the development,the development fees shall be calculated separately for each use,and the results aggregated. 7.For an addition,or to remodel or replace existing structures,or for a change of use to an existing structure,the development 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 development 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 Development Fee Administrator shall provide an estimate of the current fee based on the data provided by the applicant.However,the Development 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 Development Fees If any person submitting an application for which payment of a development 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 of a building permit. 1.The individual assessment shall be subject to the following special standards and procedures: a.Road Development Fees (as set forth in Section 7-1-2.13); Article 7-1 Development Fees Page 6 of 33 b.Police Development Fees (as set forth in Section 7-1-3.B); c.Park Development Fees (as set forth in Section 7-1-4.B): d.Library Development Fees (as set forth in Section 7-1-5.B): e.Municipal Building Development Fees (as set forth in Section 7-1-6.B); 2.If the Development 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 Development Fees 1.Except as set forth in the following paragraph,the development 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 subsequent to development plan approval,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 Development Fee Administrator. H.Fund Accounting for Development Fees 1.The City shall establish a separate accounting fund in which the development 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. Article 7-1 Development Fees Page 7 of 33 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. 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 Development Fees Development fees may only be spent on qualifying improvements,as follows: 1.Road Development Fees shall be spent as set forth in Section 7-1- 2.C: 2.Police Development Fees shall be spent as set forth in Section 7- 1-3.C; 3.Park Development Fees shall be spent as set forth in Section 7-1- 4.C: 4.Library Development Fees shall be spent as set forth in Section 7- 1-5.C: 5.Municipal Building Development Fees shall be spent as set forth in Section 7-1-6.C; J.Refunds of Development Fees 1.Any development 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 Development 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.Development fees shall be deemed to be "committed"in the order in which they are Article 7-1 Development Fees Page 8 of 33 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 a development fee has been paid has not begun,the development fee,and any accrued interest thereon, shall be 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 Development Fees Offsets,which are reductions form the development fee that would otherwise be due from a development,shall be subject to the following provisions. 1.An offset shall be applied against development fees otherwise due for qualifying improvements,as defined in Section 7-1-1.1: Expenditure of Development 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 development fees otherwise due for the same category or improvements and shall not result in reimbursement from,nor constitute a liability of, the City. Article 7-1 Development Fees Page 9 of 33 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 a development 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 offsets claimed.The Development Fee Administrator shall prepare an analysis and response to the offset claim and submit both to the City Council. The City Council shall have the final decision with regard to approval or denial of an offset claim.Approvals may be all or in -part. 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 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. Article 7-1 Development Fees Page 10 of 33 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 development fees.Any claim not so made shall be deemed waived. L.Developer Agreements for Development Fees 1.Where a development includes or requires a qualifying improvement, as defined in Section 7-1-1.1:Expenditure of Development 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 Development Fee Administrator;or,if no bid is available,the estimated cost certified by a licensed Arizona engineer and approved by the Development Fee Administrator; 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 a development fee may appeal the assessment or payment of the fee to the Board of Adjustment in accordance with procedures applicable to administrative appeals. N.Development Fee as Supplemental Regulation to Other Financing Methods Article 7-1 Development Fees Page 11 of 33 1.Except as herein otherwise provided,development 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.Development 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 development 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 Development Fees 1.On January 1,following each calendar year during which the development fee schedules have not been updated to reflect changes in construction costs,the Development Fee Administrator shall prepare updated development fee schedules to reflect changes in average construction costs as provided herein.The Development Fee Administrator shall also calculate updated net costs per service unit to be used in individual development fee calculations using the same procedure.The proposed revisions shall then be presented to the Mayor and City Council for action. a.The fees in the development 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 New -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 Article 7-1 Development Fees Page 12 of 33 by the U.S.Census Bureau. 2.Not less often than every three (3)years,the Planning and Zoning Commission,following a public hearing,shall review and,i f warranted,recommend changes in the schedules of development fees. Factors to be considered may include,without limitation,past and project 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. Article 7-1 Development Fees Page 13 of 33 Section 7-1-2 Road Development Fees A.Road Development Fee Schedule At the option of the applicant,the road development fee may be calculated based on the adopted road development fee schedule.The Development 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 Development 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 Development 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 Development 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 data,the guidelines for determining whether to use trip generation rates or equations set forth in the TIE manual,and other relevant considerations.Once the appropriate land use and travel demand factors have been determined,the Development 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 trips,as opposed to pass -by or diverted -line trips. Average Trip Length means the average distance per trip traveled on the City's major roadway system. Article 7-1 Development Fees Page 14 of 33 Average Cost per Daily Travel Mile shall be $28.23 for the 1998 calendar year,and as recalculated by the Development Fee Administrator in succeeding years,as provided in Section 7-1- 1.0.1. B.Individual Assessments of Road Development 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. 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. Article 7-1 Development Fees Page 15 of 33 f.Such information as the Development Fee Administrator shall reasonably request. C.Use of Road Development Fees 1.The revenues from road development 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. 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. 3.Qualifying improvement costs include project engineering costs: the acquisition cost of rights -of -way and easements;the construction cost of improvement,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 development fee computations. 4.Monies collected as road development 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.Retirement of debt incurred for road facilities constructed prior to March 1,1997: Article 7-1 Development Fees Page 16 of 33 c.Road improvements,such as acceleration or deceleration lanes,that primarily serve,or are needed to mitigate the impacts of,an individual development; d.Repair,operation or maintenance of existing streets; e.City personnel and consultants hired for purposes other than those expressly permitted under Section 7-1-2.C,subsections 1 and 2 above;or f.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. Article 7-1 Development Fees Page 17 of 33 Section 7-1-3 Police Development Fees A.Police Development Fee Schedule At the option of the applicant,the police development fee may be calculated based on the adopted police development fee schedule.The Development 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 Development Fee Administrator determines that the nonresidential land use categories in the fee schedule do not accurately reflect the proposed development,the Development 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 Development 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 TIE manual,and other relevant considerations.Once the appropriate land use,trip generation and other factors have been determined,the Development 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 Article 7-1 Development Fees Page 18 of 33 Weekday ADT/1000 sf = one-way average daily trips (total trip ends 2) Net Cost per Functional Population shall be $88.18 for the 1998 calendar year,and as recalculated by the Development Administrator in succeeding years as provided in Section 7-1- 1.0.1. B.Individual Assessments of Police Development Fees 1.The Police Development 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 Development Fee Administrator. 2.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 development 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 recalculated by the City and this Ordinance is updated to reflect such recalculation. Net Cost per Functional Population shall be $88.18 for the 1998 calendar year,and as recalculated by the Development Fee Administrator in succeeding years as provided in Section 7-1-1.01. Article 7-1 Development Fees Page 19 of 33 3.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 Development Fee Administrator shall reasonable request. 4.The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described int eh preceding Section 7-1-3.A,Police Development Fee Schedule,or the formula for residential uses described in Section 7-1-3.B.1. C.Use of Police Development Fees 1.The revenues from police development 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 Article 7-1 Development Fees Page 20 of 33 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 in 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 development fee computations. 3.Monies collected as police development 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 March 1,1997; 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. Article 7-1 Development Fees Page 21 of 33 Section 7-1-4 Park Development Fees A.Park Development Fee Schedule At the option of the applicant,the park development fee may be calculated based on the adopted park development fee schedule. B.Individual Assessments of Park Development Fees 1.The Park Development 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 qualified professional as approved by the Development Fee Administrator. 2.The individual assessment shall include,without limitation,the data sources and calculations used to derive the average household size for the type of dwelling units proposed.The development 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 $136.52 for the 1998 calendar year,and as recalculated by the Development Fee Administrator in succeeding years as provided in Section 7- 1-1.0.1. 3.The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described int eh preceding Section B.1. Article 7-1 Development Fees Page 22 of 33 C.Use of Park Development Fees 1.The revenues from park development 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 in 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 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 development fee computations. 3.Monies collected as park development 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 March 1,1997; 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. Article 7-1 Development Fees Page 23 of 33 Section 7-1-5 Library Development Fees A.Library Development Fee Schedule At the option of the applicant,the library development fee may be calculated based on the adopted library development fee schedule. B.Individual Assessment of Library Development Fees.Individual assessments of library development fees shall be allowed as follows: 1.The library development 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 qualified professional as approved by the Development Fee Administrator. 2.The individual assessment shall include,without limitation,the data sources and calculations used to derive the average household size for the type of dwelling units proposed.The development 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 $74.21 for the 1998 calendar year,and as recalculated by the Development Fee Administrator in succeeding years as provided in Section 7- 1-1.0.1. 3.The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in the preceding Section B.1. Article 7-1 Development Fees Page 24 of 33 C.Use of Library Development Fees 1.The revenues from library development 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 services 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 development fee computations. 3.Monies collected as library development 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 March 1,1997; 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. Article 7-1 Development Fees Page 25 of 33 Section 7-1-6 Municipal Building Development Fees A.Municipal Building Development Fee Schedule At the option of the applicant,the municipal building development fee may be calculated based on the adopted municipal building development fee schedule.The Development 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 Development Fee Administrator determines that the nonresidential land use categories in the fee schedule do not accurately reflect the proposed development,the Development 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 (ITE manual)or other appropriate source.The Development 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 TIE manual,and other relevant considerations.Once the appropriate land use,trip generation and other factors have been determined,the Development 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 = employees/1000 sf x 1 hour/visit Visitors/1000 sf = weekday ADT/1000 sf x avg.Vehicle occupancy employees/1000 sf Article 7-1 Development Fees Page 26 of 33 Weekday ADT/1000 sf = one-way average daily trips (total trip ends 2) Net Cost per Functional Population shall be $39.63 for the 1998 calendar year,and as recalculated by the Development Fee Administrator in succeeding years as provided in Section 7-1- 1.0.1. B.Individual Assessments of Municipal Building Development Fees 1.The municipal building development 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 qualified professional as approved by the Development Fee Administrator. 2.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 development 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 recalculated by the City and this Ordinance is updated to reflect such recalculation. Net Cost per Functional Population shall be $39.63 for the 1998 calendar year,and as recalculated by the Development Fee Administrator in succeeding years as provided in Section 7-1-1.0.1. Article 7-1 Development Fees Page 27 of 33 3.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 form 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 Development Fee Administrator shall reasonably request. 4.The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in the preceding Section 7-1-6.A.Municipal Building Development Fee Schedule,or the formula for residential uses described in Section 7-1-6.6.1. C.Use of Municipal Building Development Fees 1.The revenues from municipal building development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying municipal building 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 municipal building improvements are limited to capital improvements to the City's administrative offices and vehicle Article 7-1 Development Fees Page 28 of 33 maintenance facilities,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 municipal building portion of the Capital Improvements Program and in updating the municipal building development fee computations. 3.Monies collected as municipal building development fees shall not be used to pay for any of the following: a.Construction,acquisition or expansion of public facilities other than qualifying municipal building improvements; b.Retirement of debt incurred for municipal building facilities constructed prior to December 31,1997; c.Repair,operation,maintenance or replacement of existing municipal building 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. Article 7-1 Development Fees Page 29 of 33 ROAD DEVELOPMENT FEE SCHEDULE,1998, Land Use Unit Daily Net Cost Development VMT per VMT Fee/Unit Residential 1 Single -Family Detached : Dwelling 9.56 $28.23 $270 Multi -Family Dwelling 6.48 $28.23 $183 Mobile Home/Recreational Vehicle . Space 4.82 $28.23 . $136 Assisted Living Facility . Dwelling 2.16 $28.23 $61 Retail/Commercial Shopping Center/General Retail 1000 sq.ft.29.98 $28.23 $846 Auto Sales/Repair 1000 sq.ft. . 35.94 $28.23 $1,015 Building Material/Lumber 1000 sq.ft.30.51 $28.23 $861 Convenience Store/Gas Station 1000 sq.ft.79.28 $28.23 $2,238 Discount Store 1000 sq.ft. . 42.80 $28.23 $1,208 Drive -In Bank 1000 sq.ft.54.70 $28.23 $1,544 Hotel/Motel Room . 9.44 $28.23 $266 Movie Theater 1000 sq.ft. . .58.35 $28.23 $1,647 Nursery/Garden Center 1000 sq.ft.27.06 $28.23 $764 Restaurant,Fast Food 1000 sq.ft. . 66.57 $28.23 $1,879 Restaurant,Sit -Down 1000 sq.ft. . 40.02 $28.23 $1,130 Office/Institutional General Office/Institutional 1000 sq.ft.16.62 $28.23 $469 Medical Office 1000 sq.ft.34.18 $28.23 $965 Hospital 1000 sq.ft.16.78 $28.23 $474 Nursing Home 1000 sq.ft.5.20 _ $28.23 $147 Church/Synagogue 1000 sq.ft.9.37 $28.23 $263 Day Care Center 1000 sq.ft.7.13 $28.23 $201 Elementary School 1000 sq.ft..96 $28.23 $27 High School 1000 sq.ft.2.04 $28.23 $58 Industrial General Light Industrial 1000 sq.ft.6.98 $28.23 $197 Warehouse 1000 sq.ft.4.88 $28.23 $138 Mini -Warehouse i 1000 sq.ft.2.62 $28.23 $74 Article 7-1 Development Fees Page 30 of 33 POLICE DEVELOPMENT FEE SCHEDULE,1998 Land Use Type Unit Functional Population/Unit Net Cost/ Functional Population Development Fee/Unit Residential Single -Family Detached Dwelling 1.34 $88.18 $118 Multi -Family Dwelling 1.29 $88.18 $114 Mobile Home/Recreational Vehicle Space 1.03 $88.18 $91 Assisted Living Facility Dwelling .86 $88.18 $76 Retail/Commercial Shopping Center/General Retail 1000 sq.ft.4.13 $88.18 $364 Auto Sales/Repair 1000 sq.ft.3.78 $88.18 $333 Building Material/Lumber 1000 sq.ft.2.96 $88.18 $261 Convenience Store/Gas Station 1000 sq.ft.9.04 $88.18 $797 Discount Store 1000 sq.ft.4.03 $88.18 $355 Drive -In Bank 1000 sq.ft.4.70 $88.18 $414 Hotel/Motel Room 4.29 $88.18 $378 Movie Theater 1000 sq.ft.5.15 $88.18 $454 Nursery/Garden Center 1000 sq.ft.2.92 $88.18 $257 Restaurant,Fast Food 1000 sq.ft.13.30 $88.18 $1,173 Restaurant,Sit -Down 1000 sq.ft.10.36 $88.18 $914 Office/Institutional General Office/Institutional 1000 sq.ft.2.61 $88.18 $230 Medical Office 1000 sq.ft.4.09 $88.18 $361 Hospital 1000 sq.ft.2.60 $88.18 $229 Nursing Home 1000 sq.ft.2.96 $88.18 $183 Church/Synagogue 1000 sq.ft..72 $88.18 $63 Day Care Center 1000 sq.ft.4.99 $88.18 $440 Elementary School 1000 sq.ft.4.04 $88.18 $356 High School 1000 sq.ft.4.09 $88.18 $361 Industrial General Light Industrial 1000 sq.ft.1.47 $88.18 $130 Warehouse 1000 sq.ft..90 $88.18 $79 Mini -Warehouse . 1000 sq.ft..12 $88.18 $11 Article 7-1 Development Fees Page 31 of 33 PARK DEVELOPMENT FEE SCHEDULE,1998 Average Net Cost/Development Land Use Type Unit Household Size Person Fee/Unit Single -Family Detached Dwelling 2.68 $136.52 $366' Multi -Family Dwelling 2.58 $136.52 $352 Mobile Home/Recreational Vehicle 2.07 $136.52 $283 Assisted Living Facility ,Space Dwelling 1.72 $136.52 $235 LIBRARY DEVELOPMENT FEE SCHEDULE,1998 Average Net Cost/Development Land Use Type Unit Household Size Person Fee/Unit Single -Family Detached Dwelling 2.68 $74.21 $199 Multi -Family Dwelling 2.58 $74.21 $191 Mobile Home/Recreational Vehicle Space 2.07 $74.21 $154 Assisted Living Facility Dwelling 1.72 $74.21 $128 Article 7-1 Development Fees Page 32 of 33 MUNICIPAL BUILDING DEVELOPMENT FEE SCHEDULE,1998 Land Use Type Unit Functional Population/ Unit Net Cost/ Functional Population Development Fee/Unit Residential Single -Family Detached Dwelling 1.34 $39.63 $53 Multi -Family Dwelling 1.29 $39.63 $51 Mobile Home/Recreational Vehicle Space 1.03 $39.63 $41 Assisted Living Facility Dwelling .86 $39.63 $34 Retail/Commercial Shopping Center/General Retail 1000 sq.ft.4.13 $39.63 $164 Auto Sales/Repair 1000 sq.ft.3.78 $39.63 $150 Building Material/Lumber 1000 sq.ft.2.96 $39.63 $117 Convenience Store/Gas Station 1000 sq.ft.9.04 $39.63 $358 Discount Store 1000 sq.ft.4.03 $39.63 . $160 Drive -In Bank 1000 sq.ft.4.70 $39.63 $186 Hotel/Motel Room 4.29 $39.63 $170 Movie Theater 1000 sq.ft.5.15 $39.63 $204 Nursery/Garden Center 1000 sq.ft.2.92 $39.63 . $116 Restaurant,Fast Food 1000 sq.ft.13.30 $39.63 $527 Restaurant,Sit -Down 1000 sq.ft.10.36 $39.63 ,$411 Office/Institutional General Office/Institutional 1000 sq.ft.2.61 $39.63 $103 Medical Office 1000 sq.ft.4.09 $39.63 $162 Hospital 1000 sq.ft.2.60 $39.63 $103 Nursing Home 1000 sq.ft.2.96 $39.63 $82 Church/Synagogue 1000 sq.ft..72 $39.63 $29 Day Care Center 1000 sq.ft.4.99 $39.63 $198 Elementary School 1000 sq.ft.4.04 $39.63 $160 High School 1000 sq.ft.4.09 $39.63 $162 Industrial General Light Industrial 1000 sq.ft.1.47 $39.63 $58 Warehouse '1000 sq.ft..90 $39.63 $36 Mini -Warehouse 1000 sq.ft..12 $39.63 $5 Article 7-1 Development Fees Page 33 of 33