Chapter 3-8 DEVELOPMENT FEES

Chapter 3-8
DEVELOPMENT FEES

Sections:

Article 1. Traffic Impact Fee

3-8-100 Purpose.

3-8-110 Traffic impact fee established.

3-8-120 Use of fee revenues.

3-8-130 Developer construction of facilities.

3-8-140 Administrative guidelines.

Article 2. Public Safety Impact Fee

3-8-200 Purpose.

3-8-210 Public safety impact fee established.

3-8-220 Use of fee revenues.

3-8-230 Administrative guidelines.

Article 3. Park Impact Fees and Park In-Lieu Fees

3-8-300 Purpose.

3-8-310 Park impact fees established.

3-8-315 Park in-lieu impact fee established.

3-8-320 Use of fee revenues.

3-8-330 Developer construction of facilities.

3-8-340 Administrative guidelines.

Article 4. Water Capacity Fee

3-8-400 Purpose.

3-8-410 Water capacity fee established.

3-8-420 Use of fee revenues.

3-8-430 Developer construction of facilities.

3-8-440 Administrative guidelines.

Article 5. Wastewater Capacity Fee

3-8-500 Purpose.

3-8-510 Wastewater capacity fee established.

3-8-520 Use of fee revenues.

3-8-530 Developer construction of facilities.

3-8-540 Administrative guidelines.

Article 6. Public Facilities Impact Fee

3-8-600 Purpose.

3-8-610 Public facilities impact fee established.

3-8-620 Use of fee revenues.

3-8-630 Administrative guidelines.

Article 7. Parking In-Lieu Fee

3-8-710 Parking in-lieu fee established.

3-8-720 Use of fee revenues.

3-8-730 Developer construction of facilities.

3-8-740 Administrative guidelines.

Article 8. Library Impact Fee

3-8-800 Purpose.

3-8-810 Library fee established.

3-8-820 Use of fee revenues.

3-8-830 Developer construction of facilities.

3-8-840 Administrative guidelines.

Article 9. Storm Drainage Impact Fee

3-8-900 Purpose.

3-8-910 Storm drainage fee established.

3-8-920 Use of fee revenues.

3-8-930 Developer construction of facilities.

3-8-940 Administrative guidelines.

Article 10. Technology Development Impact Fee

3-8-1000 Purpose.

3-8-1010 Technology development fee established.

3-8-1020 Use of fee revenues.

3-8-1030 Developer construction of facilities.

3-8-1040 Administrative guidelines.

Article 1. Traffic Impact Fee

3-8-100 Purpose.

In order to implement the goals and objectives of the San Juan Bautista General Plan, and to mitigate the impacts caused by future development in the City, certain public facilities must be constructed. The City Council has determined that a traffic fee is needed in order to finance these public facilities and to pay for each development’s fair share of the construction and acquisition costs of these improvements. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s housing needs as established in the housing element of the General Plan.

3-8-110 Traffic impact fee established.

(A) A traffic impact fee (“traffic impact fee”) is established pursuant to Government Code Section 66000 et seq. (“Mitigation Fee Act”) to pay for public transportation facilities and traffic improvements.

(B) Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the traffic impact fee, describe the benefit and impact area on which the traffic impact fee is imposed, list the City-owned public facilities and traffic improvements to be financed, describe the estimated cost of these facilities and improvements, describe the reasonable relationship between the use of the traffic impact fee and the need for the public facilities and the types of future development projects on which the traffic impact fee is imposed, and set forth time for payment.

3-8-120 Use of fee revenues.

The revenues raised by payment of the traffic impact fee shall be accounted for in the City’s Capital Project Fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(A) To pay for design, engineering, acquisition, property acquisition, including right-of-way acquisition and construction of the public facilities and improvements designated in the City Council resolution and reasonable costs of outside consultant studies related thereto;

(B) To reimburse the City for designated public facilities and improvements constructed by the City with funds (other than gifts or grants) from other sources together with accrued interest;

(D) To pay for and/or reimburse costs of program development and ongoing administration of the traffic impact fee program.

3-8-130 Developer construction of facilities.

If a developer is required, as a condition of approval of a permit, to construct a public facility or improvement that has been designated to be financed with traffic impact fees, a credit against the fee otherwise levied by this Article on the development project in an amount not to exceed the cost of such public facility as estimated by the City in adopting the fee shall be offered by the City and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement shall be from fee revenues only.

3-8-140 Administrative guidelines.

The City Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, credit, reimbursement, or deferred payment and other administrative aspects of the traffic impact fee.

Article 2. Public Safety Impact Fee

3-8-200 Purpose.

In order to implement the goals and objectives of the San Juan Bautista General Plan, and to mitigate the impacts caused by future development in the City, certain public facilities and improvements must be constructed and capital expenditures made. The City Council has determined that a public safety impact fee is needed in order to finance these public facilities, improvements, and capital expenditures, and to pay for each development’s fair share of the costs of these public facilities, improvements and capital expenditures. In establishing the public safety impact fee described in the following sections, the City Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s housing needs as established in the housing element of the General Plan.

3-8-210 Public safety impact fee established.

(A) A public safety impact fee (“public safety impact fee”) is established pursuant to Government Code Section 66000 et seq. (“Mitigation Fee Act”) to pay for public safety facilities, improvements, and capital expenditures.

(B) Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the public safety impact fee, describe the benefit and impact area on which the public safety impact fee is imposed, list the public facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the public safety impact fee and the need for the public facilities improvements and capital expenditures and the types of future development projects on which the public safety impact fee is imposed, and set forth time for payment.

3-8-220 Use of fee revenues.

The revenues raised by payment of the public safety impact fee shall be accounted for in the City’s Capital Project Fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(A) To pay for design, engineering, acquisition, property acquisition, including right-of-way acquisition and construction of the public facilities improvements, and equipment designated in the City Council resolution and reasonable costs of outside consultant studies related thereto;

(B) To reimburse the City providing public safety services within the City for designated public facilities, improvements, and capital expenditures constructed by the City with funds (other than gifts or grants) from other sources together with accrued interest;

(C) To pay for and/or reimburse costs of program development and ongoing administration of the public safety impact fee program.

3-8-230 Administrative guidelines.

The City Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, deferred payment and other administrative aspects of the public safety impact fee.

Article 3. Park Impact Fees and Park In-Lieu Fees

3-8-300 Purpose.

In order to implement the goals and objectives of the San Juan Bautista General Plan, and to mitigate the impacts caused by future development in the City, certain new public facilities and improvements will be constructed and existing facilities may need to be upgraded. The City Council has determined that development impact fees for parks are needed in order to finance these public facilities and improvements, and to pay for each development’s fair share of the construction and acquisition costs of these facilities and improvements. In establishing the fees described in the following sections, the City Council has found the fees to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fees with respect to the City’s housing needs as established in the housing element of the General Plan.

3-8-310 Park impact fees established.

(A) A park impact fee is established pursuant to Government Code Section 66000 (“Mitigation Fee Act”) to pay for public park and recreation facilities and improvements.

(B) Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the park impact fee, describe the benefit and impact area on which the impact fee is imposed, list the City-owned public facilities and improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the park impact fee and the need for the public facilities and improvements and the types of future development projects on which the park impact fee is imposed, and set forth time for payment.

3-8-315 Park in-lieu impact fee established.

(A) A park in-lieu impact fee is established pursuant to Government Code Section 66000 (“Mitigation Fee Act”) to pay for public parks and recreation facilities and improvements.

(B) Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the park in-lieu impact fee, describe the benefit and impact area on which the park in-lieu impact fee is imposed, identify the size and facilities needed in the new public facilities and improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the park in-lieu impact fee and the need for the public facilities and improvements and the types of future development projects on which the park in-lieu impact fee is imposed, and set forth time for payment.

3-8-320 Use of fee revenues.

The revenues raised by payment of the park impact fee shall be accounted for in the City’s Capital Project Fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(A) To pay for design, engineering, acquisition, property acquisition, including right-of-way acquisition, and construction of the public facilities and improvements designated in the City Council resolution and reasonable costs of outside consultant studies related thereto;

(B) To reimburse the City for designated public facilities and improvements constructed by the City with funds (other than gifts or grants) from other sources together with accrued interest;

(D) To pay for and/or reimburse costs of program development and ongoing administration of the park impact fee program.

3-8-330 Developer construction of facilities.

If a developer is required, as a condition of approval of a permit, to construct a public facility or improvement that has been designed to be financed with park impact fees, a credit against the fees otherwise levied by this Article on the development project in an amount not to exceed the cost of such public facility as estimated by the City in adopting the fees shall be offered by the City and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement amount shall be from fee revenues only.

3-8-340 Administrative guidelines.

The City Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, deferred payment and other administrative aspects of the park impact fees.

Article 4. Water Capacity Fee

3-8-400 Purpose.

In order to implement the goals and objectives of the San Juan Bautista General Plan, and to mitigate the impacts caused by future development in the City, certain public facilities and improvements must be constructed. The City Council has determined that a water capacity fee is needed in order to finance these public facilities and improvements, and to pay for each development’s fair share of the construction and acquisition costs of these facilities and improvements. In establishing the water capacity fee described in the following sections, the City Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s housing needs as established in the housing element of the General Plan.

3-8-410 Water capacity fee established.

(A) A water capacity fee (“water capacity fee”) is established pursuant to Government Code Section 66013 to pay for publicly owned water facilities and improvements. Pursuant to Government Code Section 66013, the water capacity fee is not a development impact fee subject to the Mitigation Fee Act (Government Code Section 66000 et seq.), except that the water capacity fee shall be subject to Government Code Sections 66016, 66022 and 66023.

(B) The City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the water capacity fee, describe the benefit and impact area on which the water capacity fee is imposed, list the City-owned public facilities and improvements to be financed, describe the estimated cost of these facilities and improvements, describe the reasonable relationship between the use of the water capacity fee and the need for the public facilities and improvements, and the types of future development projects on which the water capacity fee is imposed, and set forth time for payment.

3-8-420 Use of fee revenues.

The revenues raised by payment of the water capacity fee shall be accounted for in the City’s Capital Project Fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(B) To reimburse the City for designated public facilities and improvements constructed by the City with funds (other than gifts or grants) from other sources together with accrued interest;

(D) To pay for and/or reimburse costs of program development and ongoing administration of the water capacity fee program.

3-8-430 Developer construction of facilities.

If a developer is required, as a condition of approval of a permit, to construct a public facility or improvement that has been designated to be financed with water capacity fees, a credit against the fee otherwise levied by this Article on the development project in an amount not to exceed

the cost of such public facility or improvement as estimated by the City in adopting the fee shall be offered by the City and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement amount shall be from fee revenues only.

3-8-440 Administrative guidelines.

Article 5. Wastewater Capacity Fee

3-8-500 Purpose.

In order to implement the goals and objectives of the San Juan Bautista General Plan, and to mitigate the impacts caused by future development in the City, certain public facilities and improvements must be constructed. The City Council has determined that a wastewater capacity fee is needed in order to finance these public facilities and improvements and to pay for each development’s fair share of the construction and acquisition costs of these improvements. In establishing the wastewater capacity fee described in the following sections, the City Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s housing needs as established in the housing element of the General Plan.

3-8-510 Wastewater capacity fee established.

(A) A wastewater capacity fee (“wastewater capacity fee”) is established to pursuant to Government Code Section 66013 to pay for publicly-owned wastewater facilities and improvements. Pursuant to Government Code Section 66013, the water capacity fee is not a development impact fee subject to the Mitigation Fee Act (Government Code Section 66000 et seq.); except that the water capacity fee shall be subject to Government Code Sections 66016, 66022 and 66023.

(B) The City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the wastewater capacity fee, describe the benefit and impact area on which the wastewater capacity fee is imposed, list the City-owned public facilities and improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the wastewater capacity fee and the need for the public facilities and improvements and the types of future development projects on which the wastewater capacity fee is imposed, and set forth time for payment.

3-8-520 Use of fee revenues.

The revenues raised by payment of the wastewater capacity fee shall be accounted for in the City’s capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(B) To reimburse the City for designated public facilities constructed by the City with funds (other than gifts or grants) from other sources together with accrued interest;

(D) To pay for and/or reimburse costs of program development and ongoing administration of the wastewater capacity fee program.

3-8-530 Developer construction of facilities.

If a developer is required, as a condition of approval of a permit, to construct a public facility or improvement that has been designated to be financed with wastewater capacity fees, a credit against the fee otherwise levied by this Article on the development project in an amount not to exceed the cost of such public facility or improvement as estimated by the City in adopting the fee shall be offered by the City and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement amount shall be paid from fee revenues only.

3-8-540 Administrative guidelines.

Article 6. Public Facilities Impact Fee

3-8-600 Purpose.

In order to implement the goals and objectives of the San Juan Bautista General Plan, and to mitigate the impacts caused by future development in the City, certain public facilities and improvements must be constructed. The City Council has determined that a public facilities impact fee is needed in order to finance these public facilities and improvements, and to pay for each development’s fair share of the construction and acquisition costs of these facilities and improvements. In establishing the public facilities impact fee described in the following sections, the City Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s housing needs as established in the housing element of the General Plan.

3-8-610 Public facilities impact fee established.

(A) A public facilities impact fee (“public facilities impact fee”) is established pursuant to Government Code Section 66000 (“Mitigation Fee Act”) to pay for City-owned public facilities and improvements.

(B) Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the public facilities impact fee, describe the benefit and impact area on which the public facilities impact fee is imposed, list the public facilities and improvements to be financed, describe the estimated cost of these facilities and improvements, describe the reasonable relationship between the use of the public facilities impact fee and the need for the public facilities and improvements, and the types of future development projects on which the public facilities impact fee is imposed, and set forth time for payment.

3-8-620 Use of fee revenues.

The revenues raised by payment of the public facilities impact fee shall be accounted for in the City’s capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(B) To reimburse the City for designated public facilities and improvements constructed by the City with funds (other than gifts or grants) from other sources together with accrued interest;

(C) To pay for and/or reimburse costs of program development and ongoing administration of the public facilities impact fee program.

3-8-630 Administrative guidelines.

Article 7. Parking In-Lieu Fee

3-8-710 Parking in-lieu fee established.

(A) A parking in-lieu fee (“parking in-lieu fee”) is established pursuant to Government Code Section 66000 et seq. (“Mitigation Fee Act”) to pay for public parking facilities and improvements.

(B) Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the parking in-lieu fee, describe the benefit and impact area on which the parking in-lieu fee is imposed, list the City-owned public facilities and improvements to be financed, describe the estimated cost of these facilities, and improvements describe the reasonable relationship between the use of the parking in-lieu fee and the need for the public facilities and the types of future development projects on which the parking in-lieu impact fee is imposed, and set forth time for payment.

3-8-720 Use of fee revenues.

The revenues raised by payment of the parking in-lieu fee shall be accounted for in the City’s capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(B) To reimburse the City for designated public facilities and improvements constructed by the City with funds (other than gifts or grants) from other sources together with accrued interest;

(D) To pay for and/or reimburse costs of program development and ongoing administration of the parking in-lieu fee program.

3-8-730 Developer construction of facilities.

If a developer is required, as a condition of approval of a permit, to construct a public facility or improvement that has been designated to be financed with parking in-lieu fees, a credit against the fee otherwise levied by this Article on the development project in an amount not to exceed the cost of such public facility as estimated by the City in adopting the fee shall be offered by the City and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement shall be from fee revenues only.

3-8-740 Administrative guidelines.

Article 8. Library Impact Fee

3-8-800 Purpose.

In order to implement the goals and objectives of the San Juan Bautista General Plan, and to mitigate the impacts caused by future development in the City, certain new public facilities and improvements may need to be constructed and existing facilities may need to be upgraded. The City Council has determined that a development impact fee for the library is needed in order to finance these public facilities and improvements, and to pay for each development’s fair share of the construction and acquisition costs of these facilities and improvements. In establishing the library impact fee described in the following sections, the City Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s housing needs as established in the housing element of the General Plan.

3-8-810 Library fee established.

(A) A library impact fee is established pursuant to Government Code Section 66000 (“Mitigation Fee Act”) to pay for public library facilities and improvements.

(B) Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the library impact fee, describe the benefit and impact area on which the library impact fee is imposed, list the City-owned public facilities and improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the library impact fee and the need for the public facilities and improvements and the types of future development projects on which the library impact fee is imposed, and set forth time for payment.

3-8-820 Use of fee revenues.

The revenues raised by payment of the library impact fee shall be accounted for in the City’s Capital Project Fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(B) To reimburse the City for designated public facilities and improvements constructed by the City with funds (other than gifts or grants) from other sources together with accrued interest;

(D) To pay for and/or reimburse costs of program development and ongoing administration of the library impact fee program.

3-8-830 Developer construction of facilities.

If a developer is required, as a condition of approval of a permit, to construct a public facility or improvement that has been designated to be financed with library impact fees, a credit against the fee otherwise levied by this Article on the development project in an amount not to exceed the cost of such public facility as estimated by the City in adopting the fee shall be offered by the City and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement amount shall be from fee revenues only.

3-8-840 Administrative guidelines.

The City Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, deferred payment and other administrative aspects of the library impact fee.

Article 9. Storm Drainage Impact Fee

3-8-900 Purpose.

In order to implement the goals and objectives of the San Juan Bautista General Plan, and to mitigate the impacts caused by future development in the City, certain new public facilities and improvements may need to be constructed and existing facilities may need to be upgraded. The City Council has determined that a development impact fee for storm drainage is needed in order to finance these public facilities and improvements, and to pay for each development’s fair share of the construction and acquisition costs of these facilities and improvements. In establishing the storm drainage impact fee described in the following sections, the City Council has found the fee to be consistent with its General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s housing needs as established in the housing element of the General Plan.

3-8-910 Storm drainage fee established.

(A) A storm drainage impact fee is established pursuant to Government Code Section 66000 (“Mitigation Fee Act”) to pay for public storm drainage facilities and improvements.

(B) Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the storm drainage impact fee, describe the benefit and impact area on which the storm drainage impact fee is imposed, list the City-owned public facilities and improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the storm drainage impact fee and the need for the public facilities and improvements and the types of future development projects on which the storm drainage impact fee is imposed, and set forth time for payment.

3-8-920 Use of fee revenues.

The revenues raised by payment of the storm drainage impact fee shall be accounted for in the City’s Capital Project Fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(B) To reimburse the City for designated public facilities and improvements constructed by the City with funds (other than gifts or grants) from other sources together with accrued interest;

(D) To pay for and/or reimburse costs of program development and ongoing administration of the storm drainage impact fee program.

3-8-930 Developer construction of facilities.

If a developer is required, as a condition of approval of a permit, to construct a public facility or improvement that has been designated to be financed with storm drainage impact fees, a credit against the fee otherwise levied by this Article on the development project in an amount not to exceed the cost of such public facility as estimated by the City in adopting the fee shall be offered by the City and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement amount shall be from fee revenues only.

3-8-940 Administrative guidelines.

The City Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, deferred payment and other administrative aspects of the storm drainage impact fee.

Article 10. Technology Development Impact Fee

3-8-1000 Purpose.

In order to implement the goals and objectives of the San Juan Bautista General Plan, and to mitigate the impacts caused by future development in the City, certain new public facilities and equipment may need to be constructed and existing facilities and equipment (which may include hardware and software) may need to be upgraded. The City Council has determined that a development impact fee for technology development is needed in order to finance these public facilities, software and equipment, and to pay for each development’s fair share of the construction and acquisition costs of these facilities, equipment and software. In establishing the technology development impact fee described in the following sections, the City Council has found the fee to be consistent with its General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s housing needs as established in the housing element of the General Plan.

3-8-1010 Technology development fee established.

(A) A technology development impact fee is established pursuant to Government Code Section 66000 (“Mitigation Fee Act”) to pay for technology development facilities and improvements.

(B) Pursuant to Government Code Section 66001, the City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the technology development impact fee, describe the benefit and impact area on which the technology development impact fee is imposed, list the City-owned public facilities, software, and equipment to be financed, describe the estimated cost of these facilities, equipment, or software, describe the reasonable relationship between the use of the technology development impact fee and the need for the public facilities, software and equipment and the types of future development projects on which the technology development impact fee is imposed, and set forth time for payment.

3-8-1020 Use of fee revenues.

The revenues raised by payment of the technology development impact fee shall be accounted for in the City’s Capital Project Fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(A) To pay for design, engineering, acquisition, property acquisition, including software and hardware acquisition and implementation of public facilities and equipment designated in the City Council resolution and reasonable costs of outside consultant studies related thereto;

(B) To reimburse the City for designated public facilities, software, and equipment constructed or maintained by the City with funds (other than gifts or grants) from other sources together with accrued interest;

(C) To reimburse developers who have designed and constructed such designated public facilities, software, hardware, and equipment; and/or

(D) To pay for and/or reimburse costs of program development and ongoing administration of the technology development impact fee program.

3-8-1030 Developer construction of facilities.

If a developer is required, as a condition of approval of a permit, to construct a public facility or improvement that has been designated to be financed with technology development impact fees, a credit against the fee otherwise levied by this Article on the development project in an amount not to exceed the cost of such public facility as estimated by the City in adopting the fee shall be offered by the City and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement amount shall be from fee revenues only.

3-8-1040 Administrative guidelines.

The City Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, deferred payment and other administrative aspects of the technology development impact fee.

Legislative History: Ords. 2000-03 (11/21/00), 2007-21 (11/20/07).