[Ord. No. 110204 §1, 11-2-2004]
This Chapter shall be known as the Growth Improvement Fee System.
[Ord. No. 110204 §2, 11-2-2004]
A.
The Board
of Aldermen ("Board") of the City of Peculiar hereby finds and declares
that:
1.
The
City is experiencing rapid population growth. It is anticipated that
such rapid population growth will continue and will result in a doubling
of the population of the City.
2.
The
City is experiencing and will continue to experience a corresponding
increase in the demand on the City's capital infrastructure systems
through increased volumes of traffic utilizing the City's street network,
increased sewer discharge, increased stormwater runoff, increased
water usage and other demands on public facilities and services.
3.
The
Board finds that it is appropriate for new development in the City
to pay for its fair share of public services and facilities and capital
infrastructure improvements that are needed to serve that new development.
4.
New
growth and development in the City has resulted and will continue
to result in increased usage, burden and demand on the existing capital
infrastructure systems and the need for construction of new capital
infrastructure to add capacity and to complete those infrastructure
networks that are planned to support new development in the City.
5.
The
City assumes the responsibility for and is committed to raising funds
for the design and construction of capital infrastructure improvements
that are necessary to serve the population of the City through all
legally available revenue sources.
6.
To the
extent that new development will place additional demand upon the
City's capital infrastructure systems, that demand should be met by
shifting the responsibility for financing such facilities from the
general public to the development creating the demand.
7.
The
imposition of growth improvement fees will help ensure that new development
bears a proportionate share of the cost of capital infrastructure
improvements that are necessary to accommodate new development throughout
the City.
8.
The
Board finds that, based upon sound planning and engineering principles,
it is appropriate for the City to create "service areas" for the purpose
of ensuring that capital infrastructure improvements are planned within
a reasonable distance from, and benefits are provided to, the property
from which growth improvement fees are paid and that a reasonable
relationship exists between the fee payer and the benefits derived
from the improvements that are funded by such fees.
9.
The
capital infrastructure improvements that are necessary to accommodate
new development in a particular service area have a rational nexus
and reasonable relationship and provide benefit to new development
within each service area when new development generates demands upon
the capital infrastructure that serves such service area.
[Ord. No. 110204 §3, 11-2-2004]
A.
It is
the intent of this Chapter to establish and implement a growth improvement
fee system, for which fees are payable prior to the time that new
development generates new demands on the City's capital infrastructure
systems, in an amount reasonably related to the demands that are generated
by new development and the cost of constructing new public improvements
that are needed to serve the new development.
B.
It is
the intent of this Chapter that, by establishment of this system of
calculating and imposing growth improvement fees, new development
in a particular service area will pay its pro rata share of reasonably
anticipated costs of capital infrastructure improvements that are
required to serve such new development and that the fees paid with
respect to each new development are roughly proportionate, both in
nature and extent, to the demand that such new development will place
on the City's infrastructure systems.
C.
It is
the intent of this Chapter to establish an appeal procedure to allow
for an individualized determination that the growth improvement fees
imposed on each new development are roughly proportionate to the demand
that the new development will place on capital infrastructure.
D.
It is
the intent of this Section that the capital infrastructure improvements
which are financed through the growth improvement fee system established
hereby be based, when applicable, upon the City's Comprehensive Plan
and Capital Improvement Program.
E.
This
Chapter shall not be construed to authorize imposition of improvement
fees for improvements that are attributable to or needed to serve
existing development.
F.
This
Chapter is enacted pursuant to the City's general Police powers and
the authority granted to the City pursuant to Chapter 89, RSMo., to
plan for growth and development of the City and enact zoning and subdivision
regulations to provide for the coordinated development of the City,
facilitate the adequate provision of public services and facilities
in the City and impose development exactions that are reasonably related
to the impacts on public services and facilities caused by new development
in the City.
G.
It is
the intent of this Section to establish a system of user's fees, as
"user's fees" are interpreted in Missouri case law, that will be used
to pay for the cost of providing capital infrastructure improvements,
the demand for which is generated by new development. The amount of
the user's fee to be paid by new development is calculated to be proportionate
to the demand for capital infrastructure improvements that are necessitated
by each such new development in each service area. This Chapter is
specifically designed so as not to establish a "tax" or "fee" as such
terms are used in Article X, Section 22 of the Missouri Constitution,
but rather as a mechanism to equitably shift the burden of the cost
of new capital infrastructure improvements from the existing general
public to new development that will generate the need for capital
infrastructure improvements that will be constructed with funds derived
from this system of improvement fees. The funds collected from imposition
of this system of user's fees are to be used to offset the cost of
constructing capital infrastructure improvements for new development.
The funds collected pursuant to this Chapter may not be paid into
the City's general fund to defray customary governmental expenditures.
In addition, the system is designed so that the user's fees:
1.
Are
paid upon the approval of designated development applications and
not periodically;
2.
Are
not billed to all or almost all City residents, but rather are charged
to new development only;
3.
Are
directly proportional in amount to capacity of capital infrastructure
improvements provided; and
4.
Are
based on services and improvements that the City is providing for
the fees collected; and
5.
Are
for services and improvements that have not been historically provided
exclusively by monies derived from taxes.
[Ord. No. 110204 §4, 11-2-2004]
Words and terms not defined elsewhere in this Chapter shall
have the following definitions:
A person who submits an application for a building permit,
final plat or other development application that triggers the obligation
to pay an improvement fee pursuant to the requirements of this Chapter.
An application for a building permit, final plat or other
development application that triggers the obligation to pay an improvement
fee pursuant to the requirements of this Chapter.
The Board of Aldermen of the City of Peculiar, Missouri.
Any and all of the following, including the acquisition of
land and construction easements, construction, improvements, equipping
and installing of the same and which facilities are identified in
the capital improvements plan to be financed by the imposition of
an improvement fee:
Street network improvements;
Sanitary sewers and wastewater treatment facilities;
Water treatment and distribution facilities;
Stormwater controls and flood control facilities and improvements;
Police and fire facilities;
Solid waste facilities;
Parks and recreation facilities; and
Other capital public facilities and services, the costs of which
may be substantially attributed to new development.
This Chapter of the City Code.
The Peculiar City Administrator or his/her designee.
Any person or entity that seeks to subdivide, develop or
improve land for the purpose of constructing new structures on such
land that results in an increased demand for capital infrastructure
improvements.
All structures and improvements intended to be constructed
by a developer or the developer's successors in interest in land.
A room or suite of rooms arranged, intended or designed as
a place of residence for one (1) person or one (1) family in any structure.
November 2, 2004.
The City Administrator or his/her designee.
The dollar amount of improvement fee to be paid for each
service unit. The fee rate shall be specified in each ordinance that
imposes an improvement fee and which is incorporated into this Chapter.
The approval of a final subdivision plat or a minor plat,
whichever may be applicable to the development, pursuant to the City
Code.
The sum of the gross horizontal areas of the several floors
of a building measured in square feet, including the basement floor,
measured from the exterior faces of the exterior walls or from the
centerline of walls separating two (2) buildings. The total floor
area of a building shall also include elevator shafts and stairways
at each floor, floor space used for mechanical equipment, penthouses,
interior balconies and mezzanines, enclosed porches and floor area
devoted to accessory uses. The total floor area shall not include
areas or space devoted to off-street parking or loading, uncovered
porches, terraces and loading docks.
Any charge, fee or assessment levied as a condition of issuance
of a building permit or development approval pursuant to this Chapter.
The general land use category of each structure in a development,
as more specifically defined for each road improvement fee imposed
pursuant to this Chapter.
Ordinance number _________________ which imposes and implements
the growth improvement fee system and all subsequent ordinances which
impose a specific improvement fee pursuant to this growth improvement
fee system or which amend Ordinance number _________________.
A defined geographic area with clearly defined boundaries
that serves as the basis for imposing improvement fees upon new development
within that geographic area and as a limitation on the area in which
the fees collected may be spent on capital infrastructure improvements
that will serve that new development.
The unit of measurement that is assigned to each building
or buildings for which an application is filed and shall be used to
calculate the improvement fees due by multiplying the service units
by the fee rate for each improvement fee.
All permanent improvements and appurtenances to streets and
roads to be owned and operated by or on behalf of the public and which
includes, but is not limited to, arterial and collector streets, bridges,
overpasses, highways, interchanges and intersections and all signage
related to these improvements.
[Ord. No. 110204 §5, 11-2-2004]
A.
Applicability.
1.
This
Chapter shall be applicable to each application which results in an
increase in demand for capital infrastructure improvements in the
City. Any applicant who, after the effective date of this Chapter,
submits an application is hereby required to pay all improvement fees
in the manner and amounts set forth in this Chapter.
2.
Payment
of all improvement fees required by this Chapter shall be made prior
to the issuance of any permit or approval for which an application
has been filed. Unless otherwise provided in this Chapter, no application
for which improvement fees are due shall be issued unless all applicable
improvement fees have been paid pursuant to this Chapter. It shall
be unlawful to occupy a building unless all applicable improvement
fees for that building have been paid. Failure of any party to comply
with the requirements of this Chapter shall constitute grounds for
withholding applications, building permits, certificates of occupancy
or any other appropriate approvals necessary to continue development.
Any application that is erroneously issued prior to the payment of
all improvements fees due pursuant to this Chapter may be revoked
by the City.
3.
Following
the lapse or expiration of an application, all applicable improvement
fees shall be calculated and imposed at the time a new application
is filed.
B.
Calculation of Improvement Fees.
1.
For
each category of capital infrastructure improvements for which an
improvement fee is established, the City shall, by ordinance, designate
the applicable service units and the applicable fee rate for each
service unit. The fee rate shall be determined by dividing:
a.
That
portion of the total cost of the capital infrastructure improvements
which are attributable to the demand for such improvements generated
by new development that is anticipated to occur within each service
area by
b.
The
total projected service units associated with that category of capital
infrastructure improvements.
2.
The
improvement fee per service unit shall be established within each
service area and shall be set forth in an ordinance and made a part
of this Chapter. The formula that shall be used to calculate each
improvement fee for each application shall be:
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Number of Service Units x Fee Rate = Total Improvement Fee due.
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3.
The
total improvement fees due shall be reduced by all applicable credits
as set forth in this Section.
C.
Assessment and Collection.
1.
Following
an application, the Fee Administrator shall calculate the improvement
fees due and such amount shall be transmitted in writing to the applicant.
The improvement fees due shall be calculated by:
a.
Determining
the applicable improvement fees and designated service areas for such
improvement fees;
b.
Verifying:
2.
If the
application proposes a mix of uses, the Fee Administrator shall separately
calculate the improvement fees due for each type of development.
3.
Following
imposition of all improvement fees pursuant to this Chapter, the amount
of the improvement fees cannot be increased unless such improvement
fees are modified pursuant to the appeal process of this Chapter or
the applicant proposes to change or modify the approved development
by the submission of a new application.
D.
Non-Binding Estimate. Prior to submitting an application,
an applicant may request a non-binding improvement fees estimate from
the City and the City shall calculate such estimate on the development
potential of such site based on data and specifications provided by
the applicant. The estimate shall not be binding on the City or the
applicant, but is designed to provide the applicant with an estimate
of the total improvement fees that would be due for the anticipated
development. Actual improvement fees due shall be calculated in accordance
with this Section when an application is filed.
E.
Credits.
1.
Applicability and process. Any claim for a credit from the
required improvement fees shall be made no later than the time the
application is filed. Any claim for a credit that is not made at the
time of application shall be deemed waived by the applicant. All credits
against improvement fees shall be granted based on this Chapter and
additional standards set forth in administrative guidelines that are
adopted by the City and shall be subject to the following limitations:
a.
No
credit shall be granted for the dedication or construction of site-specific
improvements that are required to be built to serve new development.
b.
No
credit shall exceed the total amount of improvement fee due. In no
event will the City reimburse an applicant when the amount of the
credits exceeds the improvement fees due, unless otherwise agreed
by the City in writing.
c.
No
credit shall be granted for area-related facilities that are not identified
by the City's capital improvement plans for the category of facility
for which the improvement fee is imposed.
2.
Reimbursement credit by agreement. A developer may elect
to construct or install capital infrastructure improvements. If the
developer elects to make such improvements, the developer must enter
into an agreement with the City prior to the date of final plat approval
which provides for the amount of the credit and all other arrangements
between the City and developer.
3.
Public entities. A full credit from all applicable improvement
fees shall be granted to all public governmental bodies for structures
that are used for governmental purposes.
4.
Reconstruction. A credit from all applicable improvement
fees shall be granted for any application that proposes to rebuild
an involuntarily damaged or destroyed building, provided that such
rebuilding does not result in any additional demands on applicable
capital infrastructure improvements for which an improvement fee is
imposed. To the extent that such application creates additional demands
on capital infrastructure improvements for which an improvement fee
is imposed, the Fee Administrator shall calculate and impose applicable
improvement fees for such increased demand.
5.
Change in occupancy. A credit from all applicable improvement
fees shall be granted for all applications that are required for a
change of existing uses within an existing building. To the extent
that such application creates additional demands on capital infrastructure
improvements for which an improvement fee is imposed, the Fee Administrator
shall calculate and impose applicable improvement fees for such increased
demand.
6.
Change in use. A partial credit from all applicable improvement
fees shall be granted for each application that proposes a change
in use of an existing structure and the credit shall be granted only
for the demand on capital infrastructure improvements that was generated
by the development prior to the change in use of the property.
7.
Transfer of property. In the event that a building is transferred
to a person that would not be eligible for a credit under this Chapter
within a period of one (1) year from the date of issuance of the application
for which improvement fees have been paid, the transferee shall be
required to pay the improvement fees imposed by this Chapter.
8.
Other credits. In its sole discretion, the City may authorize
alternative credits or offset agreements upon petition by an applicant
in accordance with administrative guidelines that the City may adopt.
F.
Delayed Payments and Installment Payments.
1.
Shell buildings. For all non-residential structures that
are shell buildings constructed for the purpose of speculative development
("shell buildings"), payment of the improvement fees due for such
structure may be delayed and become due and payable at the time that
a certificate of occupancy for a tenant finish building permit is
issued if the impacts caused by such building on the City's capital
infrastructure which are funded through a particular improvement fee
will not occur until occupancy of the building.
2.
Installment payments. For non-residential structures other
than shell buildings, the applicable improvement fees may be paid
over a period of five (5) years in accordance with the following:
a.
Application
for installment payments shall be made to the Fee Administrator in
writing prior to the time that all applicable improvement fees are
due and payable on a form provided by the City.
b.
Upon
submission of the application for installment payments, the applicant
shall pay twenty percent (20%) of the total improvement fees due.
c.
Financial
assurance shall be provided which shall assure payment of the remaining
outstanding improvement fees.
d.
A
payment in the amount of twenty percent (20%) of the total improvement
fees shall be due and payable by 12:00 P.M. on each of the first (1st)
four (4) anniversary dates until all improvement fees, plus interest,
are paid. The anniversary date shall be one (1) year from the date
that a complete application was submitted. If the anniversary date
falls on a Saturday, Sunday or legal holiday as recognized by the
City, the anniversary date shall be considered the first (1st) business
day after the actual anniversary date.
e.
After
the second (2nd) and subsequent periodic payments, the financial assurance
provided to the City may be reduced to reflect the total outstanding
amount of the improvement fees due, but in no event will the financial
assurance fall below the total amount of the outstanding improvement
fees that remain due, plus interest.
f.
If
periodic payments, with interest, are not made and financial assurance
is not provided in accordance with this Chapter, the full amount of
all outstanding improvement fees shall be immediately due and payable.
g.
Financial
assurance shall be made in the form of an irrevocable letter of credit
from a bank with sufficient financial capability as determined by
the Fee Administrator or a bond issued by a company rated A+ or better
by A.M. Best and licensed to do business in the State of Missouri
or a cash deposit. The form of all proposed financial assurance shall
be acceptable to the City Attorney.
h.
Interest
shall be calculated annually on the outstanding balance of all applicable
improvement fees. The interest shall be calculated at the rate earned
on the City's pooled cash in accordance with the City's investment
policy for the prior fiscal year.
i.
There
will be no prepayment penalty in the event that an applicant desires
to prepay any portion or all of the outstanding improvement fees.
G.
Additional and Supplemental Funding Source. The improvement
fees established by this Chapter are to provide an additional and
supplemental funding source for capital infrastructure improvements
necessitated by new development and is additional and supplemental
to, and not in substitution of, other requirements imposed by the
City on development or the approval of plats or the issuance of building
permits or certificates of occupancy. Improvement fees are intended
to be consistent with and further the policies of the City by which
the City seeks to ensure that provision of public facilities are concurrent
with the impacts of new development. A property owner may be required
to pay, pursuant to City ordinances, for other public facilities in
addition to the improvement fees as specified in this Chapter. All
applicants who are required to pay improvement fees shall otherwise
comply with the City Code and all applicable ordinances of the City.
This Chapter shall not affect, in any manner, the permissible use
of property, density of development, design or any other aspect of
the development of land or the provision of public improvements subject
to the City's zoning and subdivision regulations. All provisions of
the City's zoning and subdivision regulations shall remain in full
force and effect without limitation with respect to all such development
that is required to pay a fee pursuant to this Chapter.
[Ord. No. 110204 §6, 11-2-2004; Ord. No. 080409A §1, 8-4-2009]
A.
Transfer of Funds to the Finance Department. All collected
improvement fees shall be transferred to the Finance Department for
placement in the appropriate improvement fee fund account which has
been established pursuant to this Section.
B.
Improvement Fee Fund Accounts.
1.
The
Director of Finance shall establish separate improvement fee fund
accounts for each separate improvement fee and each separate service
area for each improvement fee authorized by this Chapter. Any funds
not immediately necessary for expenditure shall be invested in interest-bearing
accounts. All interest earned shall be retained in the applicable
fee fund account.
2.
Funds withdrawn from the applicable fund account must be used solely in accordance with the provisions of Subsection (C) of this Section.
3.
The
Director of Finance shall maintain records for each such account,
whereby improvement fees collected can be segregated by account. The
records shall show the source and disbursement of all revenues which
shall account for all monies received and which shall ensure that
the disbursement of funds from each account shall be used solely and
exclusively for the provision of projects specified for the particular
improvement area and service area for each improvement fee in which
the fee is collected.
4.
Funds
shall be expended from each fee fund account in the order in which
they are collected.
5.
The
Board may from time to time reallocate collected funds from the Road
Improvement Fee Fund and Sanitary Sewer and Wastewater Treatment Facilities
Fee Fund accounts. No other improvement fee fund accounts may be reallocated
other than the above-referenced fee fund accounts without amending
this Chapter. Said fee funds shall not be reallocated from one service
area to another.
C.
Use of Funds Collected.
1.
The
funds collected by reason of this Chapter shall be used exclusively
for the purpose of acquiring, equipping and/or making capital infrastructure
improvements identified for each improvement fee in each service area.
The funds collected may be used as a pledge against bonds, revenue
certificates and other obligations of indebtedness that are used to
pay for the capital infrastructure improvements identified for each
improvement fee in each service area. Improvement fees may be used
to pay for the costs of improving, upgrading or expanding existing
capital infrastructure improvements in order to meet the need for
new capacity generated by new development.
2.
In the event that bonds or similar debt instruments are issued for advanced provision of capital infrastructure improvements for which improvement fees may be expended, the applicable improvement fee funds may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in Subsection (C)(1) of this Section.
3.
The
funds collected shall not be used for maintenance, operations, repairs
or resurfacing.
D.
Intergovernmental Agreements. In the event that a service
area which requires capital infrastructure improvements to serve new
development lies both inside and outside the jurisdictional boundaries
of the City, the requirements of this Chapter may be extended to unincorporated
portions of Cass County if the City executes an intergovernmental
agreement with the County providing for the imposition of such improvement
fees by the County and payments to the City of the funds collected.
In the event of such agreement, the funds so collected shall be administered
in accordance with the provisions of this Section.
E.
Refunds.
1.
Upon
application of the property owner, the City may refund the portion
of any improvement fee that has been on deposit for ten (10) years
and that remains unexpended in accordance with this Chapter.
2.
The
refund shall travel with the land and may be claimed by the owner
of the property at the time the refund is due. The property owner
must petition the City for the refund within six (6) months following
the end of the ten (10) year period by filing such petition with the
City Clerk. The time for filing a refund petition shall run from the
end of the ten (10) year period. The City Clerk shall promptly transmit
such petition to the Fee Administrator for action in accordance with
this Section.
3.
The
petition for a refund must contain the following information:
4.
Improvement
fees collected pursuant to this Chapter shall be considered expended
if, within ten (10) years from the date of payment, the total expenditures
for public facilities necessary to serve new development in that service
area meets or exceeds the total fees collected for such facilities
in that service area during such period.
5.
Within
one (1) month from the date of receipt of a petition for the refund,
the Fee Administrator shall advise the petitioner of the status of
the refund request. If the petition for refund meets all of the requirements
of this Section, the City shall issue the refund within one (1) month
from the date of receipt of the petition for refund.
6.
Petitioner
may appeal the determination of the Fee Administrator regarding a
refund as provided in this Chapter.
F.
Annual Report. The City Administrator shall annually, within
one (1) month after each anniversary of the effective date, provide
a written report to the City Board which contains:
1.
The
total annual improvement fees collected pursuant to this Chapter by
improvement fee and service area for each improvement fee;
2.
An annual
accounting of the expenditure of all improvement fees collected pursuant
to this Chapter;
3.
A summary
of any issues or concerns arising from the administration of this
Chapter and a recommendation regarding any proposed amendments or
modifications to this Chapter;
4.
A recommendation
regarding any proposed adjustments to the rates used to calculate
the improvement fees;
5.
A summary
of the result of each appeal of the improvement fees pursuant to this
Chapter; and
6.
Any
other information that is relevant to the administration of this Chapter.
G.
Annual Review and Modifications. The City Administrator
shall annually, in conjunction with the annual report, review the
development potential of service areas and propose such modifications
as are deemed necessary as a result of one (1) or more of the following,
as applicable:
1.
Development
occurring in the prior year;
2.
Public
facilities actually constructed;
3.
Changing
or increasing facility needs;
4.
Inflation;
5.
Revised
cost estimated for public facilities;
6.
Changes
in the availability of other funding sources applicable to public
facility projects; and
7.
Such
other factors as may be relevant.
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Modification to the fee rates or other elements of an existing
improvement fee shall occur by ordinance of the Board which amends
this Chapter.
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H.
Administrative Guidelines. The Board may adopt written administrative
guidelines to provide clarification, interpretation and notice of
internal procedures regarding implementation of this Chapter. The
City Administrator may propose additional administrative guidelines
and amendments to existing guidelines as necessary for the effective
administration of this Chapter and such changes or new guidelines
shall become effective upon approval by the Board.
[Ord. No. 110204 §7, 11-2-2004]
A.
Appeal to the City Administrator.
1.
An applicant
who owes an improvement fee under this Chapter may file a notice of
appeal with the City Clerk within thirty (30) days following the determination
of the applicability of improvement fees. If an appellant fails to
appeal the assessment of improvement fees within thirty (30) days
as set forth in this Subsection, the assessment of the improvement
fees shall be final and no appeal shall be heard. If the appellant
pays improvement fees without protest, the appellant waives the right
to appeal the assessment of improvement fees. Building permit and
other applications may continue to be processed while the appeal is
pending, provided that the notice of appeal is accompanied by a bond,
cash deposit or other surety in a form satisfactory to the City Attorney
and in an amount equal to the original determination of the improvement
fees due.
2.
Within
ten (10) days after the notice of appeal is filed or by such date
as shall be agreed upon in writing between the applicant and the Fee
Administrator, the applicant shall submit to the Fee Administrator
those studies, calculations and other documentation appropriate to
the determination of the applicable improvement fees or the determination
of a refund.
5.
Within
thirty (30) days after filing of the notice of appeal, the City Administrator
shall render a final decision in writing to the appellant regarding
assessment, calculation and collection of the improvement fees.
B.
Appeal to the City Council.
1.
An appeal
under this Subsection may be heard only if the appellant has received
a final decision from the City Administrator as described above.
2.
If improvement
fees are due and payable under the terms of this Chapter and an appellant
desires to process an application after appeal is taken from the final
decision of the City Administrator, the appellant is required to pay
the improvement fees under protest. If the improvement fees are paid
under protest, an appeal from a final decision of the City Administrator
shall not delay processing of the plat and shall not delay any other
permit, license or approval issued by the City.
3.
An appellant
may appeal the final decision of the City Administrator by filing
a notice of appeal with the City Clerk within fifteen (15) days following
issuance of the final written decision of the City Administrator.
If an appellant fails to appeal the final decision of the City Administrator
within fifteen (15) days as set forth in this Subsection, the assessment
of the improvement fees shall be final and no appeal shall be heard.
4.
The notice of appeal shall specify the grounds for the appeal and no argument shall be heard by the Board that is not set forth in the notice of appeal. The notice of appeal shall be forwarded to the Board along with a recommendation from the City Administrator, but such recommendations shall be advisory and not binding upon the Board. An appellant may appeal to the City Council the same issues listed in Subsection (A)(3) of this Section and the City Council shall apply the same standards set forth in Subsection (A)(4) of this Section. The appellant may submit to the Board copies of all materials appropriate to the determination of the improvement fees.
5.
Within
seven (7) days after the Board's final decision, the City Clerk shall
send written notice of the Board's decision to the appellant.
C.
Calculation of Days. The number of days specified in this
Section shall include weekend days and holidays. The last day of the
period shall be included in the computation, unless it is a Saturday,
Sunday or a legal holiday and if it is, the period runs until the
end of the next day which is not a Saturday, Sunday or a legal holiday.
A half-holiday shall be considered as other days and not as a holiday. "Legal holiday" includes any day designated as a holiday
by the Congress of the United States, Missouri legislature or the
Board.
[Ord. No. 110204 §8, 11-2-2004; Ord. No. 122804C §1, 12-28-2004; Ord. No. 122804D §1, 12-28-2004; Ord. No. 110706C §1, 11-9-2006]
A.
Additional Findings.
1.
The
Board has considered the matter of financing new street network improvements,
the need for which is necessitated by new development which generated
new traffic in the City. The Board hereby finds and declares that
a road improvement fee imposed upon new development to finance street
network improvements in each service area, the need for which is reasonably
related to new development, furthers the public health, safety and
welfare of the City. Therefore, the Board deems it advisable to adopt
road improvement fees.
2.
The
Board finds that road improvement fees should be imposed at different
rates based on the type of development. For the purpose of encouraging
new commercial and industrial development in the City, the Board finds
that commercial and industrial development should be charged a lower
fee rate per service unit.
3.
Data
and calculations supporting the road improvement fees calculation
are as follows:
a.
For
purposes of imposing road improvement fees, the City shall be divided
into two (2) service areas: the west service area and the east service
area, as illustrated on the road improvement fee service area map
which is incorporated herein by reference.
b.
The
Board finds that average P.M. peak hour trips is the most accurate
and effective method to calculate the demand that new development
places on the street network and will therefore be the service unit
for calculating road improvement fees. Based on data and calculations
for projected street network improvements to serve new development
and the total number of vehicle trips anticipated to be generated
by such new development, the maximum fee rate that can be charged
by the City per trip is approximately one thousand three hundred sixty-five
dollars ($1,365.00) in the west service area and approximately one
thousand four dollars ($1,004.00) in the east service area.
4.
The
Board finds that, based on plat applications and other recent proposals
for residential development, the City will experience rapid growth
in new residential development and a corresponding increase in traffic
volumes generated by such new residential growth.
5.
The
Board finds that the rapid population growth will result in a corresponding
increase in commercial and industrial development in the City. This
commercial and industrial growth will generate increased traffic volumes
on the City's Street Network. The Board further finds that it is appropriate
for commercial and industrial development to bear its proportionate
share of the cost of new road improvements that are necessary to accommodate
the increased traffic that is generated by such development.
B.
Applicability And Assessment. Road improvement fees shall
be imposed upon all new development that generates increased traffic
on the street network. The application at which road improvement fees
shall be calculated and charged is an application for a building permit.
C.
Service Area. The road improvement fee shall be imposed
in two (2) service areas as set forth on the road improvement fee
service area map which is incorporated herein by reference.
D.
Fee Calculation. Road improvement fees shall be calculated
and imposed based on the following:
1.
The
service unit shall be one (1) P.M. peak hour trip.
3.
Service
units shall be assigned to residential and non-residential development
by the Fee Administrator using the "trip generation table" which is
incorporated into this Chapter by reference. The trip generation table
is based on data contained in Trip Generation, 7th Edition (2003)
published by the Institute of Transportation Engineers. The Fee Administrator
may amend the data on the trip generation table from time to time,
as deemed appropriate by the Fee Administrator, to reflect the actual
traffic demand created by new development and such amended table shall
be dated and incorporated into this Chapter.
4.
In the
event that an applicant proposes a land use that is not listed on
the trip generation table, the Fee Administrator shall assign trip
generation data from the most appropriate land use category as listed
in the most recent version of Trip Generation.
5.
The
Fee Administrator shall determine the applicable service units for
residential development by multiplying the number of dwelling units
by the trip generation rate for the specified land use type.
6.
The
Fee Administrator shall determine the applicable service units for
non-residential development by dividing the total gross floor area
of the building, measured in square feet, by one thousand (1,000)
and then multiplying that number by the trip generation rate for the
specified land use type. The number of rooms shall be used to calculate
the service units for motels.
E.
Phase-In Credits.
1.
Residential development.
a.
2004. Each application for residential development which
is submitted on or before December 31, 2004, shall receive a seventy-five
percent (75%) credit from all applicable road improvement fees.
b.
2005. Each application for residential development which
is submitted after December 31, 2004, and on or before December 31,
2005, shall receive a twenty-five percent (25%) credit from all applicable
road improvement fees.
2.
Industrial development.
a.
2005. Each application for industrial development which
is submitted on or before December 31, 2005 shall receive a seventy-five
percent (75%) credit from all applicable road improvement fees.
b.
2006. Each application for industrial development which
is submitted after December 31, 2005 and on or before December 31,
2006 shall receive a sixty percent (60%) credit from all applicable
road improvement fees.
3.
Each
application for commercial development which is submitted after December
31, 2006 and on or before December 31, 2007 shall receive a fifty
percent (50%) credit from all applicable road improvement fees.
