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)
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. 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)
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)