The purpose and intent of this Chapter is:
(1) 
To establish uniform procedures for the imposition, calculation, collection, expenditure and administration of impact fees imposed on new development;
(2) 
To facilitate the implementation of the goals, objectives and policies of the Springville City General Plan, Capital Facilities Plans, and Springville City Zoning Ordinance, assuring that new impact-producing development contributes its fair share towards the costs of providing capital facilities reasonably necessitated by such development;
(3) 
To ensure that new development is reasonably benefited by the provision of capital facilities provided by impact fees; and
(4) 
To ensure that all applicable legal standards for imposition, calculation, collection, expenditure and administration of impact fees as required by Federal and State statutory and case law are followed.
The words or phrases used in this Chapter shall have the meaning prescribed herein:
(1) 
"Applicant"
shall mean a person, company or corporation who has filed an application for preliminary or final subdivision approval, preliminary or final site plan approval, conditional use approval or building permit approval.
(2) 
"Application for development approval"
shall mean an application for development approval that is subject to this Chapter as set forth in Section 14-5-405(1).
(3) 
"Appropriation, to appropriate, encumber"
shall mean an action by the Springville City Council to identify capital facilities for which impact fee funds may be utilized. Appropriation shall include, but shall not be limited to: inclusion of a capital facility in the adopted City budget or capital facilities plan; execution of a contract of other legal encumbrance for the provision of a capital facility using impact fee funds; and expenditure of impact fee funds through payments made from an impact fee account.
(4) 
"Capital facilities"
shall include "system improvements" as defined in the Utah Code, and also includes amounts appropriated in connection with the planning, design, engineering and construction of such facilities; planning, legal, appraisal and other costs related to the acquisition of land, financing and development costs including debt service charges; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to the provision of a capital facility as allowed by the Utah Code.
(5) 
"Capital facilities plan"
shall mean a document, required by the Utah Code, identifying: the demands placed upon existing public facilities by new development activity; and the proposed means by which Springville City will meet the demands created by new development. The City capital facilities plans of Springville City identify the anticipated demand for City provided capital facilities over a defined planning period.
(6) 
"Credit"
shall mean a reduction in the impact fee calculated to be due from new development for the provision of new capital facilities, including the dedication of land and/or improvements to Springville City when the new capital facilities are: identified in the capital facilities plan, or are required by the City as a condition of approval for the proposed development activity.
(7) 
"Development activity, impact-producing development"
shall mean any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that create additional demand and need for public facilities.
(8) 
"Development approval"
shall mean any final authorization provided by Springville City permitting the commencement of a development activity including, but not limited to: final subdivision plat approval, final site plan approval, and issuance of a valid building permit. "Development approval" also shall mean development activity for a public entity that may develop without written authorization from the City.
(9) 
"District" or "impact fee district"
shall mean a defined geographic area or subarea of Springville City within which impact fees are collected, appropriated, and expended for capital facilities serving new development within such area or subarea.
(10) 
"Fee adjustment"
shall be a factor included within the capital facility impact fee calculation methodology, to avoid a potential double-charging for prior taxes paid, and taxes anticipated to be paid in the future for the provision of capital facilities required to serve impact-producing development and included in a capital facilities plan.
(11) 
"Impact fee"
shall mean a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. "Impact fee" does not mean a tax, a special assessment, a building permit fee, a hookup fee, a fee for project improvements, or other reasonable permit or application fee.
(12) 
"Impact Fee Administrator"
shall mean the City Finance Director.
(13) 
"Impact fee district map(s)"
shall mean the map(s) defining the geographical extent of the impact fee districts and subdistricts for each adopted impact fee.
(14) 
"Multiple uses"
shall mean a development activity consisting of either residential and nonresidential uses or one (1) or more different types of nonresidential uses on the same site or part of the same development approval.
(Ord. No. 04-2012, 04/17/2012)
(1) 
At least once every year and prior to the City Council adoption of the Budget, the Impact Fee Administrator shall prepare a report on the subject of impact fees. The report shall include:
(a) 
Recommendations on amendments, if appropriate, to City requirements imposing and setting impact fees for each category of capital facilities;
(b) 
Proposed changes to the Springville City Capital Facilities Plan(s), including the identification of capital facility projects anticipated to be funded wholly or partially by impact fees;
(c) 
Proposed changes to the boundaries of impact fee districts or subdistricts;
(d) 
Proposed changes to impact fee calculation methodologies as contained in this Chapter imposing and setting impact fees;
(e) 
Proposed changes to levels of service standards for capital facilities;
(f) 
Other data, analysis or recommendations as may be deemed appropriate, or as may be requested by the City Council.
(2) 
The Impact Fee Administrator shall submit the Impact Fee Annual Report to the City Council which shall receive the Report and take such actions as it deems appropriate, including, but not limited to, requesting additional data or analyses and holding public workshops or public hearings.
(3) 
Any person may request, and the City shall provide within fourteen (14) days, all information and other materials related and relevant to the imposition, calculation and collection of impact fees. The City may recover all costs generally incurred to provide the information requested.
(1) 
Impact fees shall be imposed on all impact-producing development activity within the Springville City Impact Fee District, which may be divided into impact fee subdistricts. The Impact Fee District shall include all areas within the corporate limits of Springville City, Utah.
(2) 
The location and boundaries of the impact fee and subdistricts are shown on the Impact District Map and said map is hereby declared to be an official record and a part of this Code, and said map and all notations, references, and other information shown thereon shall be as much a part of this Code as if the matters and other information set forth on said map were fully described herein. The Impact District Map shall be identified by signature of the Mayor and City Recorder and placed in the Office of the City Recorder. Whenever amendments are made in district or subdistricts, such amendments shall be made by the Impact Fee Administrator on the map.
(3) 
The City Council may, by resolution, amend the boundaries of the Impact Fee District, or subdistricts, at such times as may be deemed necessary to carry out the purposes and intent of this Chapter and applicable legal requirements for the use of impact fees. In the event of annexation of additional area by the City, the area annexed shall be deemed to have been included in the Impact Fee District.
(1) 
Except as provided by subsection (2) of this section, these requirements of this Chapter shall apply to all impact-producing residential and nonresidential development activity within the Springville City impact fee district which has the effect of creating increased needs for capital facilities.
(2) 
The requirements of this Chapter shall not apply to:
(a) 
Public facilities owned and operated by the City.
(b) 
A school district or charter school for a park, recreation facility, open space or trail.
(c) 
A school district or charter school unless:
(i) 
The development resulting from the school district's or charter school's development activity directly results in a need for additional system improvements for which the impact fee is imposed; and
(ii) 
The impact fee is calculated to cover only the school district's or charter school's proportionate share of the cost of those additional system improvements.
(d) 
Notwithstanding any other provision of this chapter, the City may not impose an impact fee on development activity that consists of the construction of a school, whether by a school district or a charter school, if:
(i) 
The school is intended to replace another school, whether on the same or a different parcel; and
(ii) 
The new school creates no greater demand or need for public facilities than the school or school facilities, including any portable or modular classroom that is on the site of the replaced school at the time that the new school is proposed.
(iii) 
If the imposition of an impact fee on a new school is not prohibited under subsection (2)(d) of this Section because the new school creates a greater demand or need for public facilities than the school being replaced, the impact fee shall be based only on the demand or need that the new school creates for public facilities that exceeds the demand or need that the school being replaced creates for those public facilities.
(Ord. No. 04-2012, 04/17/2012)
(1) 
After the effective date of this Chapter, no application for a building permit, as set forth in Section 14-5-405(1), shall be approved by the City for any impact-producing residential or nonresidential activity unless the applicant has paid the applicable impact fees in accordance with these procedures and requirements.
(2) 
(a) 
Upon receipt of an application for a building permit, the Chief Building Official shall determine whether the proposed project is impact-producing, and, if so:
(i) 
Whether it is a residential or nonresidential activity;
(ii) 
The class of residential or nonresidential development and, if residential, the number of dwelling units;
(iii) 
If nonresidential, the intensity of development; and
(iv) 
The impact fee district in which the proposed project is located.
(b) 
After making these determinations, the Chief Building Official shall determine the demand for capital facilities required by the proposed impact-producing development activity and calculate the applicable impact fee, multiplying the demand of the proposed impact-producing development by the impact fee per demand unit, as set forth in the calculation methodology.
(c) 
If the type of land use proposed for development is not expressly listed in the specific impact fee ordinance, the Chief Building Official shall:
(i) 
Identify the most similar land use type listed and calculate the impact fee based on the impact fee per demand unit for that land use; or
(ii) 
Identify the broader land use category within which the specific land use would fit and calculate the impact fee based on the impact fee per demand unit for that land use category.
(d) 
If neither of the alternatives set forth in subsection (2)(c) of this section is appropriate, the demand may be determined by an individual impact analysis performed by the applicant. Any individual impact analysis shall conform to the requirements of the applicable impact fee ordinance and this Chapter.
(e) 
The calculation of impact fees due from a multiple-use impact-producing development activity shall be based upon the aggregated demand for each capital facility generated by each land use type in the proposed development.
(f) 
The calculation of impact fees due from a phased impact-producing development shall be based upon the demand generated by each phase for which building permit applications are received.
(g) 
All impact fees shall be calculated based on the impact fee per demand unit in effect at the time of building permit issuance.
(3) 
(a) 
Credits against the amount of an impact fee due from a proposed impact-producing development shall be provided for the dedication of land and the provision of capital facilities by an applicant when such land or capital facilities are determined to provide additional capacity to meet the demand generated by the development and when either:
(i) 
The costs of such land or facilities have been included in the fee calculation methodology for the applicable category of capital facilities; or
(ii) 
The land dedicated or capital facilities provided are determined by the City Council to be a reasonable substitute for the cost of facilities which are included in the applicable fee calculation methodology.
(b) 
Applications for credit shall be made to the City Impact Fee Administrator and shall be submitted at or before the time of building permit application. The application for a credit shall be accompanied by relevant documentary evidence indicating the eligibility of the applicant for the credit. When an application for a credit accompanies an application for a building permit, the Chief Building Official shall calculate the applicable impact fee without any credit. Any credit determined appropriate by the City Impact Fee Administrator shall be applied against the impact fee calculated to be due; provided, however, that in no event shall a credit be granted in an amount exceeding the impact fee due.
(c) 
Credits for dedication of land or provision of capital facilities shall be applicable only against impact fees for the same category of capital facilities. If the value of the dedication of land or provision of a capital facility exceeds the impact fee due for that capital facility category, the excess value may not be transferred to impact fees calculated to be due from the applicant for other categories of capital facilities nor may the excess value be transferred to other applicants or properties.
(4) 
The City shall collect all applicable impact fees at the time of building permit issuance or development approval for a public entity that may develop without written authorization from the City, unless:
(a) 
The applicant is not subject to the payment of impact fees; or
(b) 
The applicant has taken an appeal and a bond or other surety in the amount of the impact fee has been posted with the City.
(5) 
(a) 
The applicant may request, and the City may approve or require the submittal by the applicant of, an individual impact analysis if the proposed impact-producing development is a land use type generating unusual demand for one (1) or more types of capital facilities or is a land use type for which the City does not have adequate and current demand data.
(b) 
An individual impact analysis shall be performed by an independent consultant agreed upon by the applicant and the City, and shall include:
(i) 
The demand generated by the impact-producing development and the methodology used to calculate the demand;
(ii) 
Copies of any recorded conditions on the property operating to limit the demand for capital facilities generated by the proposed development;
(iii) 
Information and data which may be required by a specific impact fee ordinance; and
(iv) 
Any additional information, data or analysis deemed necessary by the City.
(c) 
All costs for the preparation, submittal and review of an individual impact analysis shall be borne by the applicant. The costs incurred shall be charged to the applicant regardless of whether the applicant proceeds to building permit issuance, or whether the demand as calculated in the individual impact analysis is accepted or rejected by the City.
(d) 
Following the receipt of an individual impact analysis, the City shall provide a written determination of the demand generated by the proposed impact-producing development and may:
(i) 
Find that the impact fee shall be calculated based on the demand as set forth in the individual impact analysis;
(ii) 
Find that the impact fee shall be calculated based on the demand, as set forth in the individual impact analysis, as modified by the City; or
(iii) 
Find that the individual impact analysis does not support a different demand and, therefore, that the impact fee should be calculated based on the demand as calculated pursuant to the impact fee ordinance. The findings of the City shall be set forth in writing and provided to the applicant.
(Ord. No. 04-2012, 04/17/2012)
(1) 
(a) 
An impact fee account shall be established by the City for each category of capital facilities for which impact fees are collected. Subaccounts may be established for individual impact fee subdistricts. All impact fees collected by the City shall be deposited into the appropriate impact fee account or subaccount, which shall be interest bearing. All interest earned shall be considered funds of the account. The funds of these accounts shall not be co-mingled with other funds or revenues of the City. The City shall establish and implement necessary accounting controls to ensure that the impact fee funds are properly deposited and appropriated in accordance with this Chapter and other applicable legal requirements.
(b) 
Impact fee funds may be appropriated for capital facilities and for the payment of principal, interest and other financing costs on contracts, bonds, notes or other obligations issued by or on behalf of the City to finance capital facilities.
(c) 
Notwithstanding this Section, impact fee funds may be appropriated or encumbered beyond six (6) years from the beginning of the Fiscal Year in which the fees were collected if the appropriation is for a capital facility which requires more than six (6) years to plan, design, finance and construct. The City shall identify in writing the reasons for the appropriation of impact fee funds beyond six (6) years of collection, and establish a date certain for their expenditure.
(2) 
(a) 
The City Council, as part of the annual budget process, will identify capital facility projects anticipated to be funded in whole or in part with impact fees. The City Council shall specify the nature of the capital facility, its location, the system capacity added by the improvement, the service area of the improvement, and the timing of completion of the improvement.
(b) 
The City Council may authorize impact fee-funded capital facilities at such other times as may be deemed necessary and appropriate. Such capital facilities shall also be described, as set forth above.
(c) 
The City Council shall verify that adequate impact fee funds are, or will be, available from the appropriate impact fee accounts for the proposed capital facilities.
(1) 
For efficiency in the processing of refunds the applicant is required to file a written request for a refund with the City and provide the necessary information as identified herein. Except as provided, refunds shall be made only to the current owner of property on which the development activity was proposed or occurred.
(2) 
Refunds shall only be made following an affirmative action by the City Council with the finding that:
(a) 
The fees have not been appropriated, encumbered or spent, and
(b) 
That no impact has occurred that would;
(i) 
Increase the need or demand for a capital facility; or
(ii) 
Utilize existing capital facility capacity; or
(iii) 
Cause an existing capital facility level of service standard to decline. The City may, at its option, make refunds of impact fees by direct payment, or by other means subject to agreement with the property owner.
(3) 
All impact fee refunds authorized by an affirmative vote of the City Council shall include a pro rata share of interest earned by the applicable impact fee account calculated at the average annual rate of interest for the period the applicant's impact fees were in the account.
(4) 
(a) 
An applicant who has paid an impact fee for a proposed impact-producing development activity for which the applicable building permit has been revoked shall be eligible to apply for a refund of impact fees paid.
(b) 
An applicant may apply for a refund of impact fees paid if the City has failed to appropriate or encumber the impact fees collected within the time limits established in Section 14-5-406.
(c) 
An applicant who has paid an impact fee for a proposed impact-producing development activity for which a building permit has been issued and construction initiated, but which is abandoned prior to issuance of a certificate of occupancy shall not be eligible for a refund unless the uncompleted building is completely demolished and removed.
(5) 
Applications for a refund shall include all information required by subsection (6) or subsection (7) whichever is applicable. Upon receipt of a complete application for a refund, the City Impact Fee Administrator shall review the application and all documentary evidence submitted by the applicant, as well as such other information and evidence as may be deemed relevant, and make a recommendation to the City Council whether a refund is due.
(6) 
Applications for refunds due to the expiration of a valid building permit or abandonment of a development shall be made within sixty (60) days following expiration or revocation of the development permit or demolition of the structure. The applicant shall submit:
(a) 
Evidence that the applicant is the property owner or the duly designated agent of the property owner,
(b) 
The amount of the impact fees paid and receipts evidencing such payments, and (c) documentation evidencing the expiration or revocation of the development permit or demolition of the structure.
(7) 
Applications for refunds due to the failure of the City to appropriate fees collected within the time limits established in Section 14-5-406 shall be made within ninety (90) days following the expiration of such time limit. The applicant shall submit:
(a) 
Evidence that the applicant is the property owner or the duly designated agent of the property owner,
(b) 
The amount of the impact fee paid and receipts evidencing the impact fee payments, and
(c) 
Description and documentation of the City's failure to appropriate impact fee funds for relevant capital facilities.
(1) 
An appeal from any decision of the Chief Building Official or City Impact Fee Administrator pursuant to this Chapter shall be made in writing within thirty (30) days to the City Council. Within thirty (30) days from the date the appeal is filed, the City Council shall:
(a) 
Conduct an appeal hearing, and
(b) 
Make a final decision on the appeal. The City Council will ensure that all minutes, findings, orders, transcripts and other materials are correct and represent the true and complete record of the proceedings of the appeal hearing. If the notice of the appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the impact fee due, the application for a building permit for the development activity may be issued by the City. The filing of an appeal shall not stay the collection of the impact fee due unless a bond or other sufficient surety has been provided.
(2) 
The burden of proof shall be on the applicant to demonstrate that the decision of the Chief Building Official or City Impact Fee Administrator is erroneous.
Neither this Chapter nor any applicable specific impact fee ordinance shall affect, in any manner, the permissible use of property, density or development, design and improvement standards or other applicable standards or requirements of the City. To the extent of any conflict between other City Ordinances or regulations and this Chapter, the more restrictive is deemed to be controlling.
If any section, subsection, sentence, clause, phrase or portion of this Title is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Title.
(1) 
Where a development includes or requires a capital facility for which the expenditure of impact fees may be spent, as allowed under §14-5-407, the City and the developer may agree in writing to have the developer participate in the financing or construction of part or all of the qualifying improvements. Such agreement may provide for reimbursements, offsets or other appropriate compensation to the developer for the developer's participation in the financing and/or construction of the improvements.
(2) 
The agreement shall include:
(a) 
The estimated cost of the qualifying improvements, using the lowest responsive bid by a qualified bidder, which bid is approved by the Impact Fee Administrator; or, if no bid is available, the estimated cost certified by a licensed engineer and approved by the Impact Fee Administrator;
(b) 
A schedule for initiation and completion of the improvement;
(c) 
A requirement that the improvement be designed and completed in compliance with any applicable City ordinances and construction standards and specifications;
(d) 
A term of time for termination not to exceed ten (10) years;
(e) 
A statement that the developer acknowledges and agrees that the developer may not receive any payments from the City under the agreement; and
(f) 
Such other terms and conditions as deemed necessary by the City.
(3) 
The rate at which the developer receives reimbursement pursuant to an agreement entered into under this section shall be based upon the City's actual collection of impact fees and City policy.
(4) 
Any developer desiring to enter into an agreement under this section shall file an application with the Community Development Department on a form acceptable for this purpose. The application shall be submitted with the developer's Preliminary Plan and reviewed by the Development Review Committee (the "DRC") as part of the developer's Preliminary Plan review, as set forth in Section 14-2-108(1)(e).
(5) 
After review and comment of the developer's application by the DRC and approval of the preliminary plan by the Planning Commission, an agreement shall be drafted and presented to the City Council for consideration. The City Council shall consider each agreement on a case by case basis, and the Council may approve or deny such agreement upon such terms and conditions as it may deem to be in the best interest of the City.
(6) 
The City shall have no obligation to enter into an agreement to reimburse a developer for financing or constructing a required capital facility.
(Ord. No. 24-2007, 06/19/2007)