[1] ordinance #14-16 an ordinance updating and establishing water ...
ORDINANCE #14-16 AN ORDINANCE UPDATING AND ESTABLISHING WATER IMPACT FEE POLICIES AND PROCEDURES
WHEREAS, the Town of Garden City is a town duly incorporated under the general law of the State of Utah; and WHEREAS, the Garden City Town Council is the Governing Body for the Town of Garden City and must administer the Garden City Municipal Code; and WHEREAS, the Garden City Town Council is authorized to enact Impact Fees for the sustaining of the town’s water system and for it to be established in a fair and consistent way; and WHEREAS, The Garden City Town Council has followed the requirements set forth by the Utah Impact Fees Act §11-36a, the Act for Water Impact Fees. This Ordinance does not replace, supersede, or modify any ordinance regarding Impact Fees unrelated to Culinary Water. NOW THEREFORE, be it ordained by the Town Council, of the Town of Garden City, Rich County, State of Utah, that Ordinance 14-100A Impact Fees Imposed Culinary Water System and Title 14200 Water Impact Fees be changed as follows:
TITLE 14 IMPACT FEES TITLE 14-100A Impact Fees Imposed Culinary Water System. This Impact Fee Ordinance establishes the City’s Culinary Water Impact Fee policies and procedures and repeals certain provisions of prior ordinances related to Culinary Water Impact Fees and conforms to the requirements of the Utah Impact Fees Act (§11-36a, the Act). This Ordinance supersedes, to the extent of any inconsistency, any prior ordinances related to Culinary Water Impact Fees within the Service Area; provides a schedule of Impact Fees for differing types of land-use development, and sets forth direction for challenging, modify and appealing Impact Fees. This Ordinance does not replace, supersede, or modify any ordinance regarding Impact Fees unrelated to Culinary Water. 1. Definitions: a. “City”, means a political subdivision of the State of Utah and is referred to herein as Garden City. b. “Development Activity” means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities. c. “ERC”, means equivalent residential connection and represents the base unit of demand for the Culinary Water Impact Fee Analysis. d. "Project improvements" means site improvements and facilities that are: (i) planned and designed to provide service for development resulting from a development activity; (ii) necessary for the use and convenience of the occupants or users of development resulting from a development activity; and (iii) not identified or reimbursed as a system improvement. [1]
e. “Service Area” includes all new construction within the Town of Garden City or areas to be served by the Garden City Water System. It is anticipated that the growth projected over the next ten years will impact the City’s existing services. f. “System Improvement”, refer both to existing Public Facilities designed to provide services within the Service Area and to future Public Facilities identified to the Culinary Water IFA adopted by the City that are intended to provide service to the Service Area. “System Improvements” do not include “Project Improvements” as defined above. 2. Ordinance Provisions: a. Adjustments. The standard Impact Fee may be adjusted at the time the fee is assessed due to inflation and/or in response to unusual circumstances, to fairly allocate costs associated with impacts created by a Development Activity or project, or due to a request for a prompt and individualized impact fee review for the development activity of the state or a school district or charter school and an offset or credit for public facility for which an impact fee has been or will be collected. The standard Impact Fee may also be adjusted to ensure that Impact Fees are imposed fairly or for affordable housing projects, in accordance with the local government's affordable housing policy, and other development activities with broad public purposes. The Impact Fee assessed to a particular development may also be adjusted should the developer supply sufficient written information and/or data to the City showing a discrepancy between the fee being assessed and the actual impact on the system. b. Developer Credits. Development Activity may be allowed a credit against Impact Fees for any dedication of land for a System Improvement, any building and dedication of some or all of a System Improvement, any dedication of a Public Facility that the City and the developer agree will reduce the need for a System Improvement, or an dedication of land for, improvement to or new construction of any System Improvement by the developer if the facilities are System Improvements or are dedicated to the public and offset the need for an identified System Improvement, provided that the Development Activity is (i) identified in the City's Impact Fee Analysis and (ii) required by the City as a condition of Development Approval. Otherwise, no credit may be given. c. Effective Date. Except as otherwise specifically provided herein, this Impact Fee Ordinance shall not repeal, modify or affect any Impact Fee of the City in existence as of the effective date' of this Ordinance, other than those expressly referenced herein. All Impact Fees established, including amendments and modifications to previously existing Impact Fees, after the effective date of this Ordinance shall comply with the requirements of this Impact Fee Ordinance. This Ordinance shall take effect 90-days after posting, as required by law, deposited and recorded in the office of the City Recorder, and accepted as required herein. d. Exemptions. The City may provide an impact fee exemption for development activity attributable to, the state, a school. district, a charter school, or other development [2]
activity with a broad public purpose. The City shall establish one or more sources of funds other than impact fees to pay for exempted development activity. e. Impact Fee Schedule. The City hereby adopts as the Impact fee for Culinary Water at the recommended level below. RECOMMENDED CULINARY WATER IMPACT FEE SCHEDULE LAND USE TYPE Condo Resort County Single Family Residential Residential Estate Beach Development Hillside Estates Recreational Residential C1 C2 C3
ERCS PER UNIT 0.74 1.00 1.00 1.13 1.25 1.25 1.25 1.61 1.61 1.61
IMPACT FEE PER UNIT
$4,183 $5,570 $5,670 $6,382 $7,093 $7,116 $7,116 $9,149 $9,149 $9,149
Impact Fee Formula. Non-standard impact fees may be assessed based on a fee per ERC. The established fee per ERC is $5,670. 14-200 Water Impact Fees 14-200 14-200 Impact Fees Imposed Culinary Water System. This Impact Fee Ordinance establishes the City's Culinary Water Impact Fee policies and procedures and repeals certain provisions of prior ordinances related to Culinary Water Impact Fees and conforms to the requirements of the Utah Impact Fees Act (§11-36a, the Act). This Ordinance supersedes, to the extent of any inconsistency, any prior ordinances related to Culinary Water Impact Fees within the Service Area; provides a schedule of Impact Fees for differing types of land-use development, and sets forth direction for challenging, modifying and appealing Impact Fees. This Ordinance does not replace, supersede, or modify any ordinance regarding Impact Fees unrelated to Culinary Water. DEFINITIONS
Words and phrases that are defined in the Act shall have the same definition in this Impact Fee Ordinance. The following words and phrases shall have the following meanings: 1. "City" means a political subdivision of the State of Utah and is referred to herein as Garden City 2. "ERC" means equivalent residential connection and represents the base unit of demand for the Culinary Water Impact Fee Analysis.
[3]
3. "System Improvements" refer both to existing Public Facilities designed to provide services within the Service Area and to future Public Facilities identified in the Culinary Water IFA adopted by the City that are intended to provide service to the Service Area. "System Improvements" do not include "Project Improvements" as defined above. ORDINANCE PROVISIONS
Establishment of a Service Area(s). The service area for culinary water impact fees includes all new construction within the Town of Garden City or areas to be served by the Garden City Water System. Adjustments. The standard Impact Fee may be adjusted at the time the fee is assessed due to inflation and/or in response to unusual circumstances, to fairly allocate costs associated with impacts created by a Development Activity or project, or due to a request for a prompt and individualized impact fee review for the development activity of the state or a school district or charter school and an offset or credit for public facility for which an impact fee has been or will be collected. The standard Impact Fee may also be adjusted to ensure that Impact Fees are imposed fairly or for affordable housing projects, in accordance with the local government's affordable housing policy, and other development activities with broad public purposes. The Impact Fee assessed to a particular development may also be adjusted should the developer supply sufficient written information and/or data to the City showing a discrepancy between the fee being assessed and the actual impact on the system. Developer Credits. Development Activity may be allowed a credit against Impact Fees for any dedication of land for a System Improvement, any building and dedication of some or all of a System Improvement, any dedication of a Public Facility that the City and the developer agree will reduce the need for a System Improvement, or an dedication of land for, improvement to or new construction of any System Improvement by the developer if the facilities are System Improvements or are dedicated to the public and offset the need for an identified System Improvement, provided that the Development Activity is (i) identified in the City's Impact Fee Analysis and (ii) required by the City as a condition of Development Approval. Otherwise, no credit may be given. Effective Date. Except as otherwise specifically provided herein, this Impact Fee Ordinance shall not repeal, modify or affect any Impact Fee of the City in existence as of the effective date' of this Ordinance, other than those expressly referenced herein. All Impact Fees established, including amendments and modifications to previously existing Impact Fees, after the effective date of this Ordinance shall comply with the requirements of this Impact Fee Ordinance. This Ordinance shall take effect 90-days after posting, as required by law, deposited and recorded in the office of the City Recorder, and accepted as required herein. Exemptions. The City may provide an impact fee exemption for development activity attributable to low income housing, the state, a school. district, a charter school, or other development activity with a broad public purpose. The City shall establish one or more sources of funds other than impact fees to pay for exempted development activity. Impact Fee Schedule. The City hereby adopts as the Impact fee for Culinary Water at the recommended level below.
[4]
RECOMMENDED CULINARY WATER IMPACT FEE SCHEDULE LAND USE TYPE Condo Resort County Single Family Residential Residential Estate Beach Development Hillside Estates Recreational Residential C1 C2 C3
ERCS PER UNIT 0.74 1.00 1.00 1.13 1.25 1.25 1.25 1.61 1.61 1.61
IMPACT FEE PER UNIT
$3,261 $4,420 $4,420 $4,975 $5,529 $5,547 $5,547 $7,132 $7,132 $7,132
Impact Fee Formula. Non-standard impact fees may be assessed based on a fee per ERC. The established fee per ERC is $4,420.
APPROVED, by the Garden City Town Council, Garden City, Rich County, State of Utah, this 9th day of October, 2014. APPROVED:
_______________________________________________ John Spuhler, Mayor
Attest:
_______________________________________________ Kathy Hislop, Town Recorder
Voting: Huefner Pugmire Stocking Warner Spuhler, Mayor
Aye ___ ___ ___ ___ ___
Nay ___ ___ ___ ___ ___
[5]
Exhibit A Impact Fee Analysis
[6]
WHEREAS, the Town of Garden City is a town duly incorporated under the general law of the State of Utah; and WHEREAS, the Garden City Town Council is the Governing Body for the Town of Garden City and must administer the Garden City Municipal Code; and WHEREAS, the Garden City Town Council is authorized to enact Impact Fees for the sustaining of the town’s water system and for it to be established in a fair and consistent way; and WHEREAS, The Garden City Town Council has followed the requirements set forth by the Utah Impact Fees Act §11-36a, the Act for Water Impact Fees. This Ordinance does not replace, supersede, or modify any ordinance regarding Impact Fees unrelated to Culinary Water. NOW THEREFORE, be it ordained by the Town Council, of the Town of Garden City, Rich County, State of Utah, that Ordinance 14-100A Impact Fees Imposed Culinary Water System and Title 14200 Water Impact Fees be changed as follows:
TITLE 14 IMPACT FEES TITLE 14-100A Impact Fees Imposed Culinary Water System. This Impact Fee Ordinance establishes the City’s Culinary Water Impact Fee policies and procedures and repeals certain provisions of prior ordinances related to Culinary Water Impact Fees and conforms to the requirements of the Utah Impact Fees Act (§11-36a, the Act). This Ordinance supersedes, to the extent of any inconsistency, any prior ordinances related to Culinary Water Impact Fees within the Service Area; provides a schedule of Impact Fees for differing types of land-use development, and sets forth direction for challenging, modify and appealing Impact Fees. This Ordinance does not replace, supersede, or modify any ordinance regarding Impact Fees unrelated to Culinary Water. 1. Definitions: a. “City”, means a political subdivision of the State of Utah and is referred to herein as Garden City. b. “Development Activity” means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities. c. “ERC”, means equivalent residential connection and represents the base unit of demand for the Culinary Water Impact Fee Analysis. d. "Project improvements" means site improvements and facilities that are: (i) planned and designed to provide service for development resulting from a development activity; (ii) necessary for the use and convenience of the occupants or users of development resulting from a development activity; and (iii) not identified or reimbursed as a system improvement. [1]
e. “Service Area” includes all new construction within the Town of Garden City or areas to be served by the Garden City Water System. It is anticipated that the growth projected over the next ten years will impact the City’s existing services. f. “System Improvement”, refer both to existing Public Facilities designed to provide services within the Service Area and to future Public Facilities identified to the Culinary Water IFA adopted by the City that are intended to provide service to the Service Area. “System Improvements” do not include “Project Improvements” as defined above. 2. Ordinance Provisions: a. Adjustments. The standard Impact Fee may be adjusted at the time the fee is assessed due to inflation and/or in response to unusual circumstances, to fairly allocate costs associated with impacts created by a Development Activity or project, or due to a request for a prompt and individualized impact fee review for the development activity of the state or a school district or charter school and an offset or credit for public facility for which an impact fee has been or will be collected. The standard Impact Fee may also be adjusted to ensure that Impact Fees are imposed fairly or for affordable housing projects, in accordance with the local government's affordable housing policy, and other development activities with broad public purposes. The Impact Fee assessed to a particular development may also be adjusted should the developer supply sufficient written information and/or data to the City showing a discrepancy between the fee being assessed and the actual impact on the system. b. Developer Credits. Development Activity may be allowed a credit against Impact Fees for any dedication of land for a System Improvement, any building and dedication of some or all of a System Improvement, any dedication of a Public Facility that the City and the developer agree will reduce the need for a System Improvement, or an dedication of land for, improvement to or new construction of any System Improvement by the developer if the facilities are System Improvements or are dedicated to the public and offset the need for an identified System Improvement, provided that the Development Activity is (i) identified in the City's Impact Fee Analysis and (ii) required by the City as a condition of Development Approval. Otherwise, no credit may be given. c. Effective Date. Except as otherwise specifically provided herein, this Impact Fee Ordinance shall not repeal, modify or affect any Impact Fee of the City in existence as of the effective date' of this Ordinance, other than those expressly referenced herein. All Impact Fees established, including amendments and modifications to previously existing Impact Fees, after the effective date of this Ordinance shall comply with the requirements of this Impact Fee Ordinance. This Ordinance shall take effect 90-days after posting, as required by law, deposited and recorded in the office of the City Recorder, and accepted as required herein. d. Exemptions. The City may provide an impact fee exemption for development activity attributable to, the state, a school. district, a charter school, or other development [2]
activity with a broad public purpose. The City shall establish one or more sources of funds other than impact fees to pay for exempted development activity. e. Impact Fee Schedule. The City hereby adopts as the Impact fee for Culinary Water at the recommended level below. RECOMMENDED CULINARY WATER IMPACT FEE SCHEDULE LAND USE TYPE Condo Resort County Single Family Residential Residential Estate Beach Development Hillside Estates Recreational Residential C1 C2 C3
ERCS PER UNIT 0.74 1.00 1.00 1.13 1.25 1.25 1.25 1.61 1.61 1.61
IMPACT FEE PER UNIT
$4,183 $5,570 $5,670 $6,382 $7,093 $7,116 $7,116 $9,149 $9,149 $9,149
Impact Fee Formula. Non-standard impact fees may be assessed based on a fee per ERC. The established fee per ERC is $5,670. 14-200 Water Impact Fees 14-200 14-200 Impact Fees Imposed Culinary Water System. This Impact Fee Ordinance establishes the City's Culinary Water Impact Fee policies and procedures and repeals certain provisions of prior ordinances related to Culinary Water Impact Fees and conforms to the requirements of the Utah Impact Fees Act (§11-36a, the Act). This Ordinance supersedes, to the extent of any inconsistency, any prior ordinances related to Culinary Water Impact Fees within the Service Area; provides a schedule of Impact Fees for differing types of land-use development, and sets forth direction for challenging, modifying and appealing Impact Fees. This Ordinance does not replace, supersede, or modify any ordinance regarding Impact Fees unrelated to Culinary Water. DEFINITIONS
Words and phrases that are defined in the Act shall have the same definition in this Impact Fee Ordinance. The following words and phrases shall have the following meanings: 1. "City" means a political subdivision of the State of Utah and is referred to herein as Garden City 2. "ERC" means equivalent residential connection and represents the base unit of demand for the Culinary Water Impact Fee Analysis.
[3]
3. "System Improvements" refer both to existing Public Facilities designed to provide services within the Service Area and to future Public Facilities identified in the Culinary Water IFA adopted by the City that are intended to provide service to the Service Area. "System Improvements" do not include "Project Improvements" as defined above. ORDINANCE PROVISIONS
Establishment of a Service Area(s). The service area for culinary water impact fees includes all new construction within the Town of Garden City or areas to be served by the Garden City Water System. Adjustments. The standard Impact Fee may be adjusted at the time the fee is assessed due to inflation and/or in response to unusual circumstances, to fairly allocate costs associated with impacts created by a Development Activity or project, or due to a request for a prompt and individualized impact fee review for the development activity of the state or a school district or charter school and an offset or credit for public facility for which an impact fee has been or will be collected. The standard Impact Fee may also be adjusted to ensure that Impact Fees are imposed fairly or for affordable housing projects, in accordance with the local government's affordable housing policy, and other development activities with broad public purposes. The Impact Fee assessed to a particular development may also be adjusted should the developer supply sufficient written information and/or data to the City showing a discrepancy between the fee being assessed and the actual impact on the system. Developer Credits. Development Activity may be allowed a credit against Impact Fees for any dedication of land for a System Improvement, any building and dedication of some or all of a System Improvement, any dedication of a Public Facility that the City and the developer agree will reduce the need for a System Improvement, or an dedication of land for, improvement to or new construction of any System Improvement by the developer if the facilities are System Improvements or are dedicated to the public and offset the need for an identified System Improvement, provided that the Development Activity is (i) identified in the City's Impact Fee Analysis and (ii) required by the City as a condition of Development Approval. Otherwise, no credit may be given. Effective Date. Except as otherwise specifically provided herein, this Impact Fee Ordinance shall not repeal, modify or affect any Impact Fee of the City in existence as of the effective date' of this Ordinance, other than those expressly referenced herein. All Impact Fees established, including amendments and modifications to previously existing Impact Fees, after the effective date of this Ordinance shall comply with the requirements of this Impact Fee Ordinance. This Ordinance shall take effect 90-days after posting, as required by law, deposited and recorded in the office of the City Recorder, and accepted as required herein. Exemptions. The City may provide an impact fee exemption for development activity attributable to low income housing, the state, a school. district, a charter school, or other development activity with a broad public purpose. The City shall establish one or more sources of funds other than impact fees to pay for exempted development activity. Impact Fee Schedule. The City hereby adopts as the Impact fee for Culinary Water at the recommended level below.
[4]
RECOMMENDED CULINARY WATER IMPACT FEE SCHEDULE LAND USE TYPE Condo Resort County Single Family Residential Residential Estate Beach Development Hillside Estates Recreational Residential C1 C2 C3
ERCS PER UNIT 0.74 1.00 1.00 1.13 1.25 1.25 1.25 1.61 1.61 1.61
IMPACT FEE PER UNIT
$3,261 $4,420 $4,420 $4,975 $5,529 $5,547 $5,547 $7,132 $7,132 $7,132
Impact Fee Formula. Non-standard impact fees may be assessed based on a fee per ERC. The established fee per ERC is $4,420.
APPROVED, by the Garden City Town Council, Garden City, Rich County, State of Utah, this 9th day of October, 2014. APPROVED:
_______________________________________________ John Spuhler, Mayor
Attest:
_______________________________________________ Kathy Hislop, Town Recorder
Voting: Huefner Pugmire Stocking Warner Spuhler, Mayor
Aye ___ ___ ___ ___ ___
Nay ___ ___ ___ ___ ___
[5]
Exhibit A Impact Fee Analysis
[6]
