The purpose of the system development charge is to impose an
equitable share of the public cost of capital improvements for water
supply, treatment and distribution; sanitary sewer collection, transmission,
treatment and disposal; drainage and flood control; transportation;
and parks and recreation, upon those developments that create the
need for or increase the demand on capital improvements to be constructed,
already constructed or under construction.
(Ord. 1165-A § 1, 2012)
The system development charge imposed by this chapter is separate
from and in addition to any applicable tax, assessment, charge, fee
in lieu of assessment, or fee otherwise provided by law or imposed
as a condition of development. A system development charge is to be
considered in the nature of a charge for service rendered, a service
hookup charge or a charge for services to be rendered.
(Ord. 1165-A § 2, 2012)
For purposes of this chapter, the following definitions apply:
"Capital improvements"
mean facilities or assets used for:
1.
Water supply, treatment and distribution;
2.
Sanitary sewer collection, transmission, treatment and disposal;
3.
Drainage and flood control;
4.
Transportation, including, but not limited to, streets, sidewalks,
bike paths, street lights, street trees, mass public transportation,
vehicle parking and bridges; or
5.
Parks and recreation, including, but not limited to, mini-neighborhood
parks, neighborhood parks, community parks and other recreational
facilities.
"Development"
means constructing a building or a structure, conducting
a mining operation, making a physical change in the use or appearance
of a structure or land, dividing land into two or more parcels (including
partitions and subdivisions), and creating or terminating a right
of access.
"Improvement fee"
means a fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to Section
3.36.040 of this chapter.
"Land area"
means the area of a parcel of land as measured by projection
of the parcel boundaries upon a horizontal plane with the exception
of a portion of the parcel within a recorded right-of-way or easement
subject to a servitude for a public street or scenic or preservation
purpose.
"Parcel of land"
means a lot, parcel, block or other tract of land that is
occupied or may be occupied by a structure or structures or other
use, and that includes the yards and other open spaces required under
the zoning, subdivision or other development ordinances.
"Qualified public improvements"
means a capital improvement that is required as a condition of development approval, identified in the plan adopted pursuant to Section
3.36.080 of this chapter, and either:
1.
Not located on or contiguous to property that is the subject
of development approval; or
2.
Located in whole or in part on or contiguous to property that
is the subject of development approval and required to be built larger
or with greater capacity than is necessary for the particular development
project to which the improvement fee is related.
"Reimbursement fee"
means a fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to Section
3.36.040 and for which the City Commission determines capacity to exist.
"System development charge"
means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at any of the times specified in Section
3.36.090. It shall also include that portion of a water or sanitary sewer system connection charge that is greater than the amount necessary to reimburse the City for its average cost of inspection and installing connections with water and sanitary sewer facilities. "System development charge" does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision.
(Ord. 1165-A § 3, 2012)
System development charges shall not be expended for:
A. Costs
associated with the construction of administrative office facilities
that are more than an incidental part of other capital improvements;
or
B. Costs
of the operation or routine maintenance of capital improvements.
(Ord. 1165-A § 7, 2012)
Prior to the establishment of a system development charge, the
City Commission shall adopt a plan that:
A. Lists
the capital improvements that the City Commission intends to fund
in whole or in part with improvement fee revenues;
B. Lists
the estimated cost, and percentage of costs eligible to be funded
with revenues from the improvement fee for each improvement; and
C. Describes the process for modifying the plan. If a system development charge will be increased by a proposed modification of the list to include a capacity increasing capital improvement, the City shall provide, at least 30 days prior to the adoption of the modification, notice of the proposed modification to the persons who have requested written notice under Section
3.36.050. The City shall hold a public hearing if a written request for a hearing on the proposed modification is received within seven days of the date the proposed modification is scheduled for adoption. A change in the amount of a reimbursement fee or an improvement fee is not a modification of the system development charge methodology if the change in amount is based on a change in cost of materials, labor or real property applied to projects or project capacity as set forth on the list adopted pursuant to this section or the periodic application of the Construction Cost Index published by the
Engineering News Record and is incorporated
as part of the established methodology or identified and adopted in
a separate ordinance, resolution, or order.
(Ord. 1165-A § 8, 2012)
The invalidity of a section or subsection of this chapter shall
not affect the validity of the remaining sections or subsections.
(Ord. 1165-A § 14, 2012)