Chapter 3.55
DEVELOPMENT IMPACT FEES
Sections:
3.55.030 Establishment, payment and review of rates, charges and compensation.
3.55.060 Fees for residential uses.
3.55.090 Developer construction of facilities.
3.55.120 Development agreements.
3.55.010 Findings.
The City Council finds that in order to provide for orderly development of the infrastructure necessary to accommodate anticipated growth within the City, and in order to implement the goals and objectives of the City’s General Plan and to mitigate impacts caused by new development within the City, impact fees are necessary to finance certain public improvements and to pay for the development’s fair share of capital improvements necessary to accommodate new growth. The fees described in this chapter are based upon the methodology, rationale and assumptions contained in “The City of Mt. Shasta Impact Fee Report dated January 26, 2009” (the “Report”) prepared by Pacific Municipal Consultants and on file in the Clerk’s office. Establishing the fees described in this chapter, the City Council finds the fees adopted to be consistent with the California Mitigation Fee Act (Cal. Gov’t Code § 66000 et seq.) and with the City’s General Plan. (Ord. CCO-09-05, 2009)
3.55.020 Supplemental fees.
The impact fees in this chapter are in addition to existing utility connection fees. (Ord. CCO-09-05, 2009)
3.55.030 Establishment, payment and review of rates, charges and compensation.
(A) The following rates, fees, and charges are established, and shall be charged and collected, as appropriate to the circumstances, at the time of each connection, or at the time of issuance of the certificate of occupancy or final inspection, in accordance with Cal. Gov’t Code § 66007:
(1) Payment of rates, fees and charges provided in this chapter shall be based upon the fee schedule in effect on the date the appropriate permit or certificate is issued or connection is made.
(2) Fees are established on all new development.
(3) Where a changed or expanded use causes or has potential to cause an increased impact on City services or facilities, the applicant shall pay these charges applicable for the increased impact. Where the changed or expanded use is a replacement for a use that has been inactive for more than three years prior to the date of filing of the application, the full fee or charge shall be paid.
(4) These charges are in addition to utility connection and capacity charges.
(5) These charges are in addition to facility charges that will be necessary to bring public services to the Roseburg and Spring Hills area as described in the Report.
(B) Due to the increases in costs of construction, developing, and designing the projects to be financed by the development impact fees set forth herein, such fees listed in this chapter will automatically be adjusted annually commencing April 1, 2011, and every April 1st thereafter based upon the increase, if any, in the Engineering News Record US20 Cities Average Construction Cost Index for the December preceding the increase and the December one year prior thereto. (Ord. CCO-09-05, 2009)
3.55.040 Limited use of fees.
The revenues raised by payment of these development fees shall be placed in separate and special funds and such revenue, along with the interest earnings on each separate fund, shall be used solely to:
(A) Pay for the City’s future construction of those public improvement projects at least partially allocable to new development or conversions; or
(B) Reimburse the City for those described or listed projects constructed by the City with funds advanced by the City from other sources; or
(C) Reimburse developers who have been required to install oversized facilities as part of their development. (Ord. CCO-09-05, 2009)
3.55.050 Fees imposed.
The fees imposed pursuant to this chapter include public works traffic related fees, and fees for police, fire, and park facilities as described in the Report. (Ord. CCO-09-05, 2009)
3.55.060 Fees for residential uses.
Fees for residential uses will be:
(A) Fees are based on a dwelling unit equivalent (DUE). For each single-family use, fees for one DUE will be imposed. For example, a single-family residence will be attributed one DUE; a duplex two; a triplex three; and apartment houses according to the number of units.
(B) Schedule of Fees for Residential Uses.
|
Public Works |
$1,432 |
|
Police |
$1,085 |
|
Fire |
$1,940 |
|
Parks |
$4,792 |
|
Total Fee per Residential DUE |
$9,249 |
(Ord. CCO-11-05 § 10, 2011; Ord. CCO-09-05, 2009)
3.55.070 Nonresidential fees.
For all nonresidential uses, eight DUEs shall be charged per acre or portion of an acre of project areas. The fees per DUE will be as follows:
|
Police |
$1,085 |
|
Fire |
$1,940 |
|
Park – Park fees are population based. |
-0- |
|
Nonresidential uses are considered to have no impact. |
|
|
Public Works |
$1,432 |
|
Total Fee per Nonresidential DUE |
$4,457 |
(Ord. CCO-09-05, 2009)
3.55.080 Negotiated fees.
For large nonresidential projects and residential subdivisions of more than 15 lots, the City may, by agreement with the applicant, require other or additional fees and dedications or improvements which more adequately mitigate the growth impacts relating to the specific project. (Ord. CCO-09-05, 2009)
3.55.090 Developer construction of facilities.
(A) Whenever a developer is required, as a condition of approval of a subdivision, development permit or building permit, to construct a public facility described in the study, which facility is determined by the City to have supplemental size, length or capacity over that needed to address the impacts of that development, and when construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the applicable impact fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.
(B) A developer who installs an off-site improvement as a special mitigation measure for a project which is identified in the study to be funded at least partially by impact fees may claim credit on such a fee not to exceed the impact fee payable for the development project. The City’s Public Works Director is authorized to allow such a credit.
(C) If a developer is dissatisfied with the decision of the City’s Public Works Director regarding a reimbursement agreement or a credit of development impact fees, the developer shall appeal for relief to the City Council by filing a written appeal with the City Clerk within 15 days after the disputed decision. The appeal shall state in sufficient detail the basis for the claimed credit. The decision of the City Council shall be final. (Ord. CCO-09-05, 2009)
3.55.110 Fee adjustment.
(A) A developer of any project, including any new building or addition to or conversion of any existing building, subject to the fees described in MSMC 3.55.060 and 3.55.070 may apply to the City Council as set forth by Cal. Gov’t Code § 66020 for a reduction or adjustment of the fee(s), or a waiver of the fee(s), based upon the absence of any reasonable relationship between the nature of the impact of the development and either the amount of the fee charged or the type of facilities to be financed.
(B) The application for a fee reduction, adjustment, or waiver shall be made in writing and filed with the City Clerk not later than 90 days after the filing of the application for a building permit.
(C) The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at a hearing held within 30 days after the filing of the fee adjustment application. The decision of the City Council shall be final.
(D) If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. (Ord. CCO-09-05, 2009)
3.55.120 Development agreements.
The terms of any development approvals or building permit(s) may be negotiated as part of a development agreement which may require the developer to provide or finance any public projects deemed agreeable to both the developer and the City Council. Development constructed under the terms of a development agreement approved pursuant to MSMC Title 18 may be exempted from the payment of any of the impact fees required under MSMC 3.55.050 and 3.55.060. (Ord. CCO-09-05, 2009)