The city council of the city of Willows hereby finds and declares as follows:
(1) 
The city of Willows finds that continued development in the city has or will result in an increased use of certain public facilities with the result that certain facilities are now overburdened and extended beyond their capacity, or will become so if development continues. As a result of development, there is a need to expand the capacities of certain public facilities. The fees required by this chapter are found and declared to be necessary for the substantial preservation of the public health, safety and general welfare by causing new development to pay the cost of the construction of the public facilities required to mitigate their development impact demands.
(2) 
In accordance with Mitigation Fee Act contained in Government Code Section 66000 et seq., a report has been prepared by Pacific Municipal Consultants dated December 2008, entitled "Development Impact Mitigation Fee Feasibility/Nexus Study" that provides the necessary documentation to adopt public facilities fees. The city of Willows by this reference hereby adopts this report and its findings in its entirety, as if fully set forth within the body of this chapter.
(3) 
The fees established by this chapter do not exceed the reasonable cost of providing public facilities occasioned by development projects within the city of Willows.
(Ord. 684-09 § 2, 7-28-2009)
In order to implement the goals and objectives of the city of Willows' public facility standards contained in various infrastructure reports and plans and to mitigate the impacts caused by new development in the city of Willows on such facilities as library, parks and recreation, freeway interchanges, traffic, police, fire, wastewater and storm drainage, the city council has determined that a public facilities development impact fee is needed in order to finance these public facility improvements and to pay for the development's equitable share of the construction costs of these improvements. In establishing the fee described in the following sections, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.
(Ord. 684-09 § 2, 7-28-2009)
A public facilities development impact fee for library, parks and recreation, freeway interchanges, traffic, police, fire, wastewater and storm drainage is hereby established on issuance of all building permits, subdivision maps, land divisions, etc., for development in the city of Willows to pay for necessary public facility improvements. The city council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. As described in the fee resolution, this public facilities development fee shall be paid by each developer either prior to issuance of a building permit or at such time as deemed appropriate by the city.
At least annually, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. In addition, the public facilities development impact fee will be updated annually to reflect changes in the Engineering News Record (ENR) Index, changes in land use information or as more refined public facility master plans are prepared and approved.
(Ord. 684-09 § 2, 7-28-2009)
The revenues raised by payment of this fee shall be placed in a separate and special account for each category of impact fee and such revenues, along with any interest earnings on that account, shall be used solely to:
(1) 
Pay for the city's future construction of facilities described in the resolution enacted pursuant to WMC § 19.05.030, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or
(2) 
Reimburse developers who have been required or permitted by WMC § 19.05.050 to install such listed facilities which are oversized with supplemental size, length, or capacity.
(Ord. 684-09 § 2, 7-28-2009)
Whenever a developer is required as a condition of approval of a development permit, or agrees, to construct a public facility (or facilities) described in the resolution adopted pursuant to WMC § 19.05.030, which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and/or a credit against the development impact fees which would otherwise be charged pursuant to the ordinance on the development project, shall be considered. The city manager is hereby authorized to make determinations of fact concerning credits under this section on behalf of the city of Willows, and thereafter to authorize the credit of such fees. Decisions of the city manager under this section may be appealed in writing to the city council if filed with the city clerk within 10 days of receipt of the decision of the city manager.
(Ord. 684-09 § 2, 7-28-2009)
All development impact fees shall be paid for at the time of application for a building permit by the city. Payment shall be in the total amount as computed by the city.
(Ord. 684-09 § 2, 7-28-2009)
A developer of any project subject to the fee described in WMC § 19.05.020 may apply to the city manager, or his designee, for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city manager no later than: (1) 10 days prior to the public hearing on the development permit application for the project; or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city manager, or his designee, shall consider the application within 30 days after the filing of the fee adjustment application and make a written determination. The decision of the city manager, or his designee, can be appealed to the city council and must be completed in the standard city appeal process as specified by the city municipal code.
(Ord. 684-09 § 2, 7-28-2009)
If a reduction, adjustment, or waiver is granted pursuant to WMC § 19.05.070, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee and the portion waived, adjusted or reduced shall be due and payable to the city immediately upon notification.
(Ord. 684-09 § 2, 7-28-2009)
The city council declares that each section, subsection, paragraph, subparagraph, sentence, clause and phrase of the ordinance codified in this chapter (singularly and collectively referred as "provision" and "provisions," respectively) is severable and independent of every other provision of the ordinance codified in this chapter. If any provision of the ordinance codified in this chapter is held to be invalid, the city council declares that it would have adopted the remaining provisions of the ordinance codified in this chapter irrespective of the provision or provisions held invalid, and further declares its express intent that the remaining provisions of the ordinance codified in this chapter should remain in effect after the invalid provision has been eliminated.
(Ord. 684-09 § 2, 7-28-2009)
The ordinance codified in this chapter was adopted at a noticed public hearing at which time the city council also considered the development impact fees resolution, which resolution and associated studies were available to the general public for a period of at least 14 days prior to the public hearing. This fee shall apply to the issuance of any building permit, for any development issued 60 days following the ordinance's passage and for all other types of development issued 30 days following its passage. The ordinance shall be published once within 15 days of its adoption in a newspaper of general circulation within the city of Willows.
(Ord. 684-09 § 2, 7-28-2009)