It is the purpose of this chapter to provide alternatives for the prospective developers of land within this city to mitigate the direct impacts that have been specifically identified by the city as a consequence of proposed development, and to make provisions for impacts including, but not limited to, impacts upon the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds.
For purposes of this section, the term "development" shall include, but not be limited to, subdivision approval, short subdivision approval, residential planned unit development approval, binding site plan approval and the issuance of any building permit; provided, however, that a building permit issued for single-family homes on platted property shall not be considered a development as defined above.
(Ord. 12-92 § 1, 1992; Ord. 14-00 § 1, 2000)
A. 
Before any development is given the required approval or is permitted to proceed, the official, board, or body charged with deciding whether such approval should be given shall determine all impacts, if any, that are a direct consequence of the proposed development and which require mitigation, considering, but not limited to, the following factors:
1. 
Predevelopment versus postdevelopment demands upon city streets, sewer, water supplies, drainage facilities, parks, playgrounds, recreational facilities, schools, police services, fire services and other municipal facilities or services;
2. 
Likelihood that a direct impact of a proposed development would require mitigation due to the cumulative effect of such impact when aggregated with similar impacts of future development in the immediate vicinity of the proposed development;
3. 
Size, number, condition and proximity of existing facilities to be affected by the proposed development;
4. 
Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development;
5. 
Likelihood that the users of the proposed development will benefit from any mitigating capital improvements;
6. 
Any significant adverse environmental impacts of the proposed development;
7. 
Consistency with each of the city's comprehensive plans and subparts including, but not limited to, the city park, water, sewer and street plans as well as other technical reports of the city;
8. 
Whether impacts have been previously mitigated in whole or in part;
9. 
Likelihood of city growth by annexation into areas immediately adjacent to, or impacted by, the proposed development;
10. 
Appropriateness of financing necessary capital improvements by means of local improvement districts;
11. 
Whether the designated capital improvement furthers the public health, safety or general welfare;
12. 
Any other criteria useful for identifying or quantifying impacts and deemed relevant.
B. 
The impacts, if any, that are a direct result of the proposed development shall be specifically identified.
C. 
The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne by the applicant.
(Ord. 12-92 § 1, 1992; Ord. 14-00 § 1, 2000)
The official, board or body charged with granting the necessary approval for a proposed development shall review an applicant's proposal for mitigating any identified direct impacts and determine whether such proposal is an acceptable mitigation measure considering the cost and land requirements of the required improvement and the extent to which the necessity for the development is attributable to the direct impacts of the proposed development. No official, board or body shall approve a development unless provisions have been made to mitigate identified direct impacts that are consequences of such development.
The methods of mitigating identified direct impacts required as a condition of any development approval may include, but are not limited to, dedication of land to any public body and/or off-site improvements and/or on-site improvements.
(Ord. 12-92 § 1, 1992; Ord. 14-00 § 1, 2000)
In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development the city may approve a voluntary payment agreement with the developer; provided, however, no such agreement shall be required as any condition of approval, and any such agreement shall be subject to the following provisions:
A. 
The official, board or body approving the development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact.
B. 
The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified direct impact.
C. 
The payment shall be expended in all cases within 10 years of collection, unless otherwise agreed to by the developer.
D. 
Any payment not so expended shall be refunded to the property owners of record at the time of the refund with interest at the rate applied to judgments at the time of the refund. However, if the payment is not expended within 10 years due to delay attributable to the developer, the payment shall be refunded without interest; provided, property owners entitled to a refund with or without interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for a specified period of time in the interests of providing the designated capital improvement or any other capital improvement identified by the property owner.
Further, at the time a developer enters into a voluntary agreement pursuant to this section, the developer may voluntarily and in writing waive, on behalf of the developer and subsequent purchasers, the right to interest and/or refund in order to facilitate completion of an improvement. Under no condition shall such waiver be required as a condition of approval. Such waiver shall be binding on subsequent owners.
(Ord. 12-92 § 1, 1992; Ord. 14-00 § 1, 2000; Ord. 13-16 § 3, 2016)
The requirements of this chapter to mitigate direct impacts caused by developments within the city are separate and apart from the requirement for sewer system development fees imposed by Chapter 13.09 WRMC for connection to the city sewer system and the requirement for water system development fees imposed by Chapter 13.45 WRMC, which are permit and hookup fees and a proportionate share of the utilities' capital costs.
(Ord. 12-92 § 1, 1992; Ord. 14-00 § 1, 2000)
A. 
When a subdivision, short subdivision, planned unit development or other residential project is conditioned upon the dedication of land or the purchase, installation or construction of improvements to mitigate impacts, a final plat or short plat shall not be recorded and a building permit shall not be issued for the development until the mayor has determined in writing that any land to be dedicated is shown on the face of the final plat or short plat or a deed conveying the land to the city has been recorded with the county auditor and that required improvements have been completed.
B. 
In the event a fee is to be paid in lieu of dedication of property or construction and installation of improvements, payment of the impact fee shall be made prior to the recording of the final plat or short plat and prior to the issuance of any building permit; provided, however, that for subdivisions or short plats or planned unit developments, the developer/owner may, with the permission of the city council, elect to postpone payment of the mitigation assessments required for each lot within the subdivision, short plat or planned unit development until issuance of a building permit for each residential unit; provided, however, that said election to postpone payment shall be noted by a covenant placed on the face of the recorded plat or short plat or planned unit development and included in the deed for each affected lot within the subdivision and thereafter the city shall not issue a building permit until such time as the fee is paid.
(Ord. 10-93 § 1, 1993; Ord. 14-00 § 1, 2000)