In order to implement the goals and objectives of the General Plan of the Town and to mitigate the impacts caused by new development within the Town, certain public improvement projects must be or had to be constructed. The Town Council determines that development impact fees are needed to finance these public improvements and to pay for development's fair share of the construction costs of these improvements. In establishing the fees described in the following sections, the Town Council finds the fees adopted to be consistent with state law (California Government Code Section 66000 et seq.) and with the Town's General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fees and determines that the fees are not material with respect to the Town's housing needs as established in the housing element of the Yountville General Plan.
(Ord. 362-05)
A. 
Development impact fees are established on new development, conversions or expansions within the Town to pay for public improvements related to civic facility projects, public safety, sewer projects, water projects, traffic mitigation, storm drainage, parks and recreation, drainage and flood control. In the following sections, the Town Council sets forth the specific amount of the development fee for each type of public improvement project.
B. 
At least every five years, the Town Council shall review these fees to determine whether the fee amounts are reasonably related to the impacts of development and whether the public improvement projects described in the Town's capital improvement projects list are still needed. Failure to undertake this review shall not invalidate the imposition of the fees.
(Ord. 362-05)
The revenues raised by payment of these development fees shall each be placed in separate and special impact fund accounts, and such revenues, along with any interest earnings on each separate account, shall be used solely to:
A. 
Pay for the Town's future construction of those public improvement projects at least partially allocable to new development, conversions or expansions as described in the Town's capital improvement projects list;
B. 
Reimburse the Town for those described or listed projects constructed by the Town with funds advanced by the Town from other sources; or
C. 
Reimburse developers who have been required or permitted by Section 3.40.120 of this chapter to install such listed facilities which are oversized with supplemental size, length or capacity.
(Ord. 362-05)
A. 
Development impact fees shall be imposed on new development, conversions, and expansions, as provided in this chapter.
B. 
Development impact fees shall be paid by the owner of the property on which new development, conversion or expansion is to occur. The fees shall be collected by the Town prior to the issuance of the building or development permit(s) for such development, conversion or expansion, whichever occurs later, unless payment at a later time is mandated by Government Code Section 66007.
C. 
Except as otherwise provided herein, square footage of residential and nonresidential buildings shall be measured by exterior dimensions. Unfinished attics, crawlspaces, and basements shall not be assessed until converted and finished as usable floor space.
D. 
A building or structure consisting of nonusable floor space, e.g., a garage, carport or storage shed, shall not be deemed to be part of the residential building for the purpose of determining the square footage of the residential building. Such ancillary structures shall require the payment of drainage and flood control impact fees and public safety impact fees; additional impact fees shall not be required until converted to usable floor space.
E. 
Each single-family residential unit within a multifamily residential building or development project shall be deemed to be a separate building for which a fee is imposed and shall be paid.
F. 
Expansions to an existing building shall be deemed to occur whenever the amount of usable floor space is increased, or whenever new building space is constructed where no structures existed as part of the existing building, whether or not the total building floor area is increased by the new construction.
G. 
The first 70 square feet of expansions or conversions to an existing building in a two-year period shall be exempt from all fees except public safety impact fees and drainage and flood control impact fees.
H. 
No development impact fee shall be imposed more than once for the same floor space.
I. 
Each tenant space in a multiuse building or development project shall be deemed to be a separate use for which a fee is imposed and shall be paid.
J. 
Development impact fees for residential expansion shall be imposed only on square footage created in excess of 2000 square feet of usable floor space. Development impact fees for nonresidential expansion shall be imposed only on square footage created in excess of 1700 square feet of usable floor space.
K. 
The public works director shall be responsible for calculating the amount of each impact fee, taking into consideration the requirements of this chapter, the information contained in the Town of Yountville Development Impact Fee Study, and any special circumstances. If a developer is dissatisfied with the decision of the Town's public works director regarding the calculation of a development impact fee, the developer shall appeal for relief to the Town Council by filing a written appeal with the Town clerk within 15 days after the disputed decision. The appeal shall state in sufficient detail the basis for the appeal. The decision of the Town Council shall be final.
(Ord. 362-05)
A. 
Findings. The Town Council finds:
1. 
Numerous items of capital equipment and facility improvements are needed for the Town's police facilities to maintain the existing level of police services to all areas of the Town.
2. 
New development, conversions or expansions within the Town result in increased usage of residential and commercial and other affected properties, which thereby increases the service requirements and the capital equipment requirements of the Town's police services. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development, conversions or expansions.
3. 
The Town must continue to fund capital additions to its public safety system. These capital improvements include expanding and improving police facilities and equipment. These additional capital expenditures are necessary to maintain an acceptable level of public safety service over build-out of the Town.
4. 
In the absence of the imposition of a public safety impact fee upon all building permits, the additional capital expenses necessary to maintain an acceptable level of public safety services for the entire Town would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the Town.
5. 
New development, conversions or expansions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the Town.
6. 
The facts and evidence presented in the Town's impact fee study establish that there exists a reasonable relationship between the need for the police department and other public safety improvements and the impacts of the types of new development, conversions or expansions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of new development, conversions or expansions for which the fee is charged.
B. 
Schedule of Public Safety Impact Fees.
1. 
A public safety impact fee shall be imposed in accordance with the following schedule:
Public Safety Impact Fees
 
New Construction and Conversions
Expansion
Single-Family Dwelling, Per Unit
$436
.22 per sq. ft.
Multifamily Dwelling, Per Unit
$305
.15 per sq. ft.
Hotel/Motel/Inn, Per Room
$305
$305
Restaurant
$436 plus $62 per seat
$62 per seat
Commercial
$436 plus .26 per sq. ft. over 1,700 sq. ft.
.26 per sq. ft.
Schools and Institutional, Per Person
$31
$31
2. 
Every person converting an existing use from one use category (residential, hotel/motel/inn, restaurant, commercial, schools and institutional) to another use category shall pay a public safety impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in subsection (B)(1) of this section.
3. 
No public safety impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.
C. 
Public Safety Impact Fund. There is established and created a fund of the Town entitled "Public Safety Impact Fund" and all revenues derived from and moneys collected under this section, including accrued interest thereon, shall be deposited in such fund. The public safety impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of facilities and equipment and other capital purposes needed for the Town's police department in providing police services.
(Ord. 362-05)
A. 
Findings. The Town Council finds:
1. 
Numerous items of civic improvements are needed to maintain an acceptable level of the existing and future civic activities for all areas of the Town.
2. 
New development, conversions or expansions within the Town result in increased usage of residential, commercial, and other affected properties, which thereby increases the service requirements and the capital equipment requirements of the Town's library, community center, swimming pool, and other public and administrative facilities,. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development, conversions or expansions.
3. 
The Town must continue to fund civic improvements within the Town. These civic improvements include expanding the Town hall and the library and developing a community center and community swimming pool. These additional capital expenditures are necessary to maintain an acceptable level of the civic activities available in Yountville over build-out of the Town.
4. 
In the absence of the imposition of a civic facilities impact fee upon new development, conversions and expansions, the additional capital expenses necessary to maintain an acceptable level of civic services for the entire Town would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the Town.
5. 
New development, conversions or expansions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the Town.
6. 
The facts and evidence presented in the Town's impact fee study establish that there exists a reasonable relationship between the need for libraries, Town administration, and other civic improvements and the impacts of the types of new development, conversions or expansions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of new development, conversions or expansions for which the fee is charged.
B. 
Schedule of Civic Facilities Impact Fees.
1. 
A civic facilities impact fee shall be imposed in accordance with the following schedule:
Civic Facilities Impact Fees
 
New Construction and Conversions
Expansion
Single-family dwelling, per unit
$2,766
$1.38
Multifamily dwelling, per unit
$1,936
.97 per sq. ft.
Hotel/motel/inn, per room
$1,936
$1,936
Restaurant
$2,766 plus $395 per seat
$395 per seat
Commercial
$2,766 plus $1.63 per sq. ft. over 1,700 sq. ft.
$1.63 per sq. ft.
2. 
Every person converting an existing use from one use category (residential, hotel/motel/inn, restaurant, commercial, schools and institutional) to another use category shall pay a civic facility impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in subsection (B)(1) of this section.
3. 
No civic facility impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.
C. 
Civic Facility Impact Fund. There is established and created a fund of the Town entitled "civic facility impact fund" and all revenues derived from and moneys collected under this section, including accrued interest thereon, shall be deposited in such fund. The civic improvement impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of Town hall, the Yountville library, community center, community swimming pool and other public and other administrative facilities needed for providing civic services.
(Ord. 362-05)
A. 
Findings. The Town Council finds that:
1. 
Numerous water system improvements are needed to maintain the existing level of water services for all areas served by the Town of Yountville water enterprise.
2. 
New development, conversions or expansions within the service area of the Town of Yountville water enterprise result in increased usage of residential and commercial and other affected properties, which thereby increases the water service requirements and the capital equipment requirements for the storage, treatment and transmission of the Town's water supply. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development, conversions or expansions.
3. 
The Town must continue to fund capital improvements to its water system. These capital improvements include updating or replacing water distribution lines, and improving current treatment and storage capabilities. These additional capital expenditures are necessary to maintain an acceptable level of water service over build-out of the Town.
4. 
In the absence of the imposition of a water impact fee upon new development, conversions or expansions, the additional capital expenses necessary to maintain an acceptable level of water service for the entire service area of the Town of Yountville water enterprise would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the service area of the Town of Yountville water enterprise.
5. 
New development, conversions or expansions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the service area of the Town of Yountville water enterprise.
6. 
Part of the costs associated with the capital improvements to the water system are apportioned to new development, conversions or expansions to accommodate increased demand for water by new residents and businesses and the increased need for water for fire protection purposes for the new structures associated with new development, conversions or expansions.
7. 
The facts and evidence presented in the Town's impact fee study establish that there exists a reasonable relationship between the need for the water system improvements and the impacts of the types of development for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of new development and conversions for which the fee is charged.
B. 
Schedule of Water Connection Fees.
1. 
a. 
Every person connecting to the Town's water system shall pay to the Town a water connection fee in accordance with the following schedule:
Connection type
Fee
Residential
 
Single-family dwellings
$3,197
Multifamily dwellings, per unit
$2,237
Nonresidential
 
3/4″ connection
$3,197
1″ connection
$5,339
1-1/2″ connection
$10,646
2″ connection
$17,040
3″ connection
$34,112
4″ connection
$53,571
6″ connection
$106,554
8″ connection
$170,491
It shall be the sole responsibility of the Town Engineer to determine the appropriate meter size required to service the property.
b. 
Every person connecting to the Town's water system for a private fire suppression system shall pay to the Town a water fire service connection fee in accordance with the following schedule:
Connection type
Fee
Residential
 
Single-family dwellings
$639
Multifamily dwellings, per unit
$447
Nonresidential
 
Less than 2″ connection
$2,129
2″ meter
$3,408
3″ meter
$6,822
4″ meter
$10,714
6″ meter
$21,310
8″ meter
$34,098
Fire Hydrant
No connection fee
It shall be the sole responsibility of the Town Engineer to determine the appropriate connection size required to service the property.
c. 
The fees shown reflect the July 1, 2007 annual update consistent with the provisions of Section 3.40.160, Inflationary fee increases.
2. 
Every person converting unusable to usable floor space or converting the existing use to another use or expanding existing buildings which are already connected to the Town's water system shall pay to the Town: (a) if a larger meter is required, a water connection fee equal to the difference between the rates for existing and new meter sizes set forth in subsection (B)(1); or (b) if a larger meter size is not required, a water impact fee in accordance with the following schedule:
Water Impact Fees
 
Expansions and Conversions
Single-family dwelling
$1.49 per sq. ft.
Multifamily dwelling
$1.04 per sq. ft.
Hotel/motel/inn, per room
$2,087
Restaurant, per seat
$426
Commercial
$1.75 per sq. ft.
Schools and institutional, per person
$209
3. 
No water impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.
C. 
Costs and Expenses. In addition to the above charges, all expenses and costs of making a water connection shall be borne by the person making the connection. No connection shall be made to a public water supply except by the Town or by written permission from the Town.
D. 
Water Impact Fund. There is established and created a fund of the Town entitled 'Water Impact Fund" and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund. The water impact fund is established for the sole purpose of providing moneys for equipment, infrastructure, and other capital facilities needed for the acquisition, storage, treatment, and transmission of water for the Town of Yountville water enterprise, to repay principal and interest on bonds issued for the construction or reconstruction of water projects or facilities, and to repay Federal and State loans or advances made to the Town for the construction or reconstruction of water supplies facilities or infrastructure.
(Ord. 362-05; Ord. 373-07)
A. 
Findings. The Town Council finds:
1. 
Yountville has a sewer system that consists of a collection system including public sewers and interceptors leading to the wastewater treatment plant and to the disposal system.
2. 
New development, conversions or expansions in the Town have a significant impact on the sewer system.
3. 
The Town must continue to fund capital improvements to its sewer system. These capital improvements include updating or replacing sewer lines, improving current treatment capabilities, and promoting the use of reclaimed water. These additional capital expenditures are necessary to maintain an acceptable level of sewer service and wastewater treatment over build-out of the Town.
4. 
New development, conversions or expansions within the Town result in increased usage of residential and commercial and other affected properties, which thereby increases the service requirements and the capital equipment requirements for the Town's sewage treatment and disposal system. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development, conversions or expansions.
5. 
In the absence of the imposition of a sewer impact fee upon new development, conversions or expansions, the additional capital expenses necessary to maintain an acceptable level of sewer service and wastewater treatment for the entire Town would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the Town.
6. 
New development, conversions or expansions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the Town.
7. 
Part of the costs associated with the capital improvements to the sewer system as well as payments on the wastewater debt service are apportioned to new development and conversions to accommodate increased usage of the sewer system and treatment plant by new residents and businesses.
8. 
The facts and evidence presented in the Town's impact fee study establish that there exists a reasonable relationship between the need for the sewer system improvements and the impacts of the types of new development, conversions or expansions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of new development, conversions or expansions for which the fee is charged.
B. 
Schedule of Sewer Connection Fees.
1. 
Every person connecting to the Town's sewer system or converting unusable to usable floor space in or expanding existing buildings which are already connected to the Town's sewer system shall pay to the Town a sewer impact fee in accordance with the following schedule:
Sewer Connection Fees
 
New Construction and Conversions
Expansion
Single-family dwelling, per unit
$5,449
$2.72 per sq. ft.
Multifamily dwelling, per unit
$3,814
$1.90 per sq. ft.
Hotel/motel/inn, per room
$3,814
$3,814
Restaurant
$5,449 plus $778 per seat
$778 per seat
Commercial
$5,449 plus $3.21 per sq. ft. over 1,700 sq. ft.
$3.21 per sq. ft.
Schools and institutional, per person
$381
$381
2. 
Every person converting an existing use from one use category (residential, hotel/motel/inn, restaurant, commercial, schools and institutional) to another use category shall pay a sewer impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in subsection (B)(1) of this section.
3. 
No sewer impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.
C. 
Costs and Expenses. In addition to the above charges, all expenses and costs of making a sewer connection shall be borne by the person making the connection. No connection shall be made to a public sewer except by the Town or by written permission from the Town.
D. 
Sewer Impact Fund. There is established and created a fund of the Town entitled "Sewer Impact Fund" and all revenues derived from and moneys collected under this section, including accrued interest thereon, shall be deposited in such fund. The sewer impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of sanitation and sewage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of such sanitary or sewage facilities, and to repay Federal and State loans or advances made to the Town for the construction or reconstruction of sanitary or sewage facilities and infrastructure.
(Ord. 362-05)
A. 
Findings. The Town Council finds:
1. 
Numerous items of capital infrastructure are needed for the Town's drainage system to maintain an acceptable level of storm drainage and flood control from all areas of the Town.
2. 
New development within the Town results in increased usage of residential and commercial and other affected properties, which thereby increases the amount of impervious surfaces and irrigation of landscaping which create greater need for and usage of drainage systems within the Town. Such increased drainage and usage of the system does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development.
3. 
The Town must continue to fund capital improvements to its storm drainage and flood control system. These capital improvements include constructing storm drains and flood control projects within the Town. These additional capital expenditures are necessary to maintain an acceptable level of storm drainage within the Town during build-out of the Town.
4. 
In the absence of the imposition of a drainage and flood control impact fee upon new development, the additional capital expenses necessary to maintain an acceptable level of the Town's drainage system for the entire Town would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the Town.
5. 
New development without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the Town.
6. 
The facts and evidence presented in the Town's impact fee study establish that there exists a reasonable relationship between the need for the drainage and flood control improvements and the impacts of the types of development for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of development for which the fee is charged.
B. 
Schedule of Drainage and Flood Control Impact Fees.
1. 
A drainage and flood control impact fee shall be imposed in accordance with the following schedule:
Drainage and Flood Control Impact Fees
 
New Construction and Conversions
Expansion
Single-family dwelling, per unit
$457
$.23 per sq. ft.
Multifamily dwelling, per unit
$320
$.16 per sq. ft.
Hotel/motel/inn, per room
$320
$320
Restaurant
$457 plus $65 per seat
$65 per seat
Commercial
$457 plus $.27 per sq. ft. over 1,700 sq. ft.
$.27 per sq. ft.
Schools and institutional, per person
$32
$32
2. 
Every person converting an existing use from one use category (residential, hotel/motel/inn, restaurant, commercial, schools and institutional) to another use category shall pay a drainage and flood control impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in subsection (B)(1) of this section.
3. 
No drainage and flood control impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.
C. 
Drainage and Flood Control Impact Fund. There is established and created a fund of the Town entitled "Drainage and Flood Control Impact Fund" and all revenues derived from and moneys collected under this section, including accrued interest thereon, shall be deposited in such fund. The drainage and flood control impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of facilities and equipment and for other capital purposes needed for the Town's drainage and flood control system.
(Ord. 362-05)
A. 
Findings. The Town Council finds:
1. 
New development, conversions or expansions within the Town result in increased usage of residential and commercial and other affected properties, which thereby generates additional traffic within the Town and will contribute to the usage and degradation of the existing street infrastructure in the Town.
2. 
The purpose of this fee is to finance circulation improvements to reduce the impacts of traffic generated by new development within the Town.
3. 
The Town must continue to fund capital improvements to its traffic circulation system. These capital improvements include building new roads, paths, and traffic-control facilities and equipment. These additional capital expenditures are necessary to maintain an acceptable level of traffic circulation and the Town's roadway system during the build-out of the Town.
4. 
In the absence of the imposition of a traffic facilities impact fee upon new development, conversions or expansions, the additional capital expenses necessary to maintain acceptable traffic circulation for the entire Town would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the Town.
5. 
The construction of new development, conversions or expansions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the Town.
6. 
The facts and evidence presented in the Town's impact fee study establish that there exists a reasonable relationship between the need for the traffic improvements and the impacts of the types of new development, conversions or expansions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of new development, conversions or expansions for which the fee is charged.
B. 
Schedule of Traffic Facilities Impact Fees.
1. 
A traffic facilities impact fee shall be imposed on new development, conversions or expansions within the Town in accordance with the following schedule:
Traffic Facilities Impact Fees
 
New Construction and Conversions
Expansion
Single-family dwelling, per unit
$4,334
$2.17 per sq. ft.
Multifamily dwelling, per unit
$3,034
$1.52 per sq. ft.
Restaurant
$4,334 plus $619 per seat
$619 per seat
Commercial
$4,334 plus $2.55 per sq. ft. over 1,700 sq. ft.
$2.55 per sq. ft.
Schools and institutional, per person
$303
$303
2. 
Every person converting an existing use from one use category (residential, hotel/motel/inn, restaurant, commercial, schools and institutional) to another use category shall pay a traffic facilities impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in subsection (B)(1) of this section.
3. 
No traffic facilities impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.
C. 
Traffic Facilities Impact Fund. There is established and created a fund of the Town entitled "Traffic Facilities Impact Fund" and all revenues derived from and moneys collected under this section, including accrued interest thereon, shall be deposited in such fund. The traffic facilities impact fund is established for the sole purpose of providing moneys for the construction and reconstruction of facilities and equipment and other capital purposes needed for traffic circulation improvements in and around the Town.
(Ord. 362-05)
A. 
Findings. The Town Council finds:
1. 
Numerous items of park and recreation facilities are needed to maintain an acceptable level of the existing and future park and recreation activities for all areas of the Town.
2. 
New development, conversions or expansions within the Town result in increased usage of residential, commercial, and other affected properties, which thereby increases the service requirements and the capital equipment requirements of the Town's park and recreation facilities. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development, conversions or expansions.
3. 
The Town must continue to fund park and recreation improvements within the Town. These park and recreation improvements include park upgrading and equipment. These additional capital expenditures are necessary to maintain an acceptable level of the park and recreation activities available in Yountville over build-out of the Town.
4. 
In the absence of the imposition of a park and recreation impact fee upon new development, conversions and expansions, the additional capital expenses necessary to maintain an acceptable level of park and recreation services for the entire Town would be unfairly imposed upon the owners and residents of the existing buildings and improvements within the Town.
5. 
New development, conversions or expansions without the payment of fees imposed by this section would not be fair to the owners and occupants of existing buildings within the Town.
6. 
The facts and evidence presented in the Town's impact fee study establish that there exists a reasonable relationship between the need for park and recreation improvements and the impacts of the types of new development, conversions or expansions for which a corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of new development, conversions or expansions for which the fee is charged.
B. 
Schedule of Park and Recreation Impact Fees.
1. 
A park and recreation impact fee shall be imposed in accordance with the following schedule:
Park and Recreation Impact Fees
 
New Construction and Conversions
Expansion
Single-Family Dwelling, Per Unit
$1,058
$.53 per sq. ft.
Multifamily Dwelling, Per Unit
$740
$.37 per sq. ft.
Hotel/Motel/Inn, Per Room
$740
$740
Restaurant
$1,058 plus $151 per seat
$151 per seat
Commercial
$1,058 plus $.62 per sq. ft. over 1,700 sq. ft.
$.62 per sq. ft.
Schools and Institutional, Per Person
$74
$74
2. 
Every person converting an existing use from one use category (residential, hotel/motel/inn, restaurant, commercial, schools and institutional) to another use category shall pay a park and recreation impact fee equal to the difference, if any, between the fees calculated for the existing and new uses as set forth in subsection (B)(1) of this section.
3. 
No park and recreation impact fee shall be assessed on conversions to another use within the same use category. No person shall be entitled to a refund on conversions from a higher rate use category to a lower rate use category.
C. 
Park and Recreation Impact Fund. There is established and created a fund of the Town entitled "Park and Recreation Impact Fund" and all revenues derived from and moneys collected under this section, including accrued interest thereon, shall be deposited in such fund. The park and recreation impact fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of facilities needed for providing park and recreation services.
(Ord. 362-05)
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 capital improvement projects list, which facility is determined by the Town 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 on the capital improvement projects list 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 Town's Public Works Director is authorized to allow such credit.
C. 
If a developer is dissatisfied with the decision of the Town's Public Works Director regarding a reimbursement agreement or a credit of development impact fees, the developer shall appeal for relief to the Town Council by filing a written appeal with the Town 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 Town Council shall be final.
(Ord. 362-05)
A. 
A developer of any project, including any new building or expansion to or conversion of any existing building, subject to the fees described in Sections 3.40.050 through 3.40.110 of this chapter may apply to the Town Council 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 Town Clerk not later than 20 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 Town Council shall consider the application at a hearing held within 30 days after the filing of the fee adjustment application or such longer period as may be agreed to by the applicant. The decision of the Town 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. 362-05)
As used in this chapter:
"Building permit"
means the permit required or issued by the Town for the construction, improvement or remodeling of any structure pursuant to the Town's building codes.
"Conversion"
means converting from unusable to usable floor space, or converting the existing use to another use.
"Developer"
means any person who is the owner or authorized agent of an owner of any new development within the Town.
"Dwelling unit"
means a residential dwelling within the Town. Each single-family residential unit within a multifamily residential building or development project shall be deemed to be a separate dwelling unit.
"Expansion"
means new building space is constructed where no structures existed as part of the existing building or an intensification of use within an existing nonresidential structure.
"New development"
means the original construction of residential, commercial, or other nonresidential buildings, or the addition of usable floor space within existing residential or nonresidential buildings, or the construction of new accessory buildings.
"Owner"
means the legal owner(s) or the authorized agent(s) for any owner of property being developed.
"Town"
means the governmental body managing the administrative operations of the Town.
"Town of Yountville"
means all property located within the geographical area within the Town limit line.
"Town of Yountville development impact fee study"
means the study, including any amendments thereto, for the financing of facilities and services designated under the capital improvement projects list for the Town. This study includes, but is not limited to, a designation of those facilities to be constructed with the impact fees collected under this chapter, the estimated costs of constructing those facilities or providing the services designated therein, and the total use factors or other criteria utilized to arrive at an allocation of the cost of the facilities to the different types of land uses and to new development.
"Usable floor space"
means any interior space constructed or converted to be used for human occupancy in accordance with the Uniform Building Code.
(Ord. 362-05)
The terms of any development approvals or building permit(s) may be negotiated as part of a development agreement which may require a developer to provide or finance any public projects deemed agreeable to both the developer and the Town Council. Development constructed under the terms of a development agreement approved pursuant to Chapter 17.172 of the Zoning Ordinance may be exempted from the payment of any of the impact fees required under Sections 3.40.050 through 3.40.110 of this chapter.
(Ord. 362-05)
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 shall be automatically adjusted annually commencing July 1, 2006, and every July 1st thereafter. The fee adjustments shall be based on the increase, if any, in the Engineering News Record US 20 Cities average construction cost index for the June preceding the increase and the June one year prior thereto.
(Ord. 362-05)