Chapter 19.20
FIRE MITIGATION FEES
Sections:
19.20.060 Exemption And Waiver
19.20.070 Need For Fees And Their Use
19.20.080 Findings And Content Of Resolution
19.20.090 Fees To Be Fixed By Resolution--Indexing
19.20.120 District Reporting Requirements
19.20.010 Title.
This Chapter shall be known and may be cited as the FIRE MITIGATION FEE ORDINANCE. (Ord. 387 §1, 1994).
19.20.020 Purpose of Chapter.
A. The purpose of this Chapter is to make provision for assessing and collecting fees at the time of the issuance of building permit, to finance the actual or estimated cost of fire protection facilities and equipment necessitated by new development.
B. The purpose of these fees is to finance future fire protection facilities and fire capital expenditures required because of new development within the City. (Ord. 387 §1, 1994).
19.20.030 Findings.
The City Council of the City finds and declares as follows:
A. The Greenfield Fire Protection District (hereinafter sometimes referred to as "District") provides fire protection to the City and District. Adequate fire protection facilities must be available to the Greenfield Fire Protection District to serve new development within the City and District.
B. Development within the City and District requires the construction or expansion of fire protection facilities and the acquisition of equipment by the Greenfield Fire Protection District.
C. Adequate funds for expansion or construction of fire facilities and the purchase of equipment by the Greenfield Fire Protection District are not available to the District.
D. The above conditions place the residents of the City, and the residents of future development projects within the Greenfield Fire Protection District within a condition perilous to their health and safety.
E. The impacts of development within the City on the existing fire protection facilities and equipment of the Greenfield Fire Protection District cannot be alleviated without City involvement.
F. The General Plan policies of the City commit the City to aid in the construction of fire suppression facilities.
G. For the above reasons, new methods of financing fire protection facilities and equipment necessitated by development are needed in the City. (Ord. 387 §1, 1994).
19.20.040 Definitions.
Whenever the following words are used in this Chapter, they shall have the meaning ascribed to them in this Section:
A. "City Council" means the City Council of the City of Greenfield.
B. "Building" means any structure, and shall include the addition of floor space to existing improvements.
C. "Clerk" means the City Clerk of the City of Greenfield.
D. "Development" means all construction for which a building permit is required.
E. "Director" means the Director of Public Works of the City of Greenfield.
F. "Facilities and equipment" means any long-term capital facilities and equipment used by the Greenfield Fire Protection District for protection or emergency medical services, including fire station construction, fire station expansion, fire or emergency medical apparatus, and water facilities for providing fire protection.
G. "Fire capital facilities mitigation analysis" means a plan adopted by the Greenfield Fire Protection District after a noticed public hearing.
H. "New development" means construction of residential, commercial, industrial and other projects within the definition of "building" in the Greenfield Municipal Code, as adopted and amended by the City Council. "New development" as used in this Chapter shall include mobile homes and manufactured homes installed on-site,either with or without a permanent foundation. New development includes the building of a single residential, commercial or industrial structure with the recognition that every single new structure contributes to the cumulative impact upon the burden of providing fire protection. (Ord. 387 §1, 1994)
19.20.050 Dedications.
If land, facilities or equipment are dedicated or donated to the Greenfield Fire Protection District as a condition of approval of a discretionary permit, such dedication or donation may be considered as satisfying the requirements of this Chapter. (Ord. 387 §1, 1994).
19.20.060 Exemption and waiver.
A. If approved by the Greenfield Fire Protection District’s Board of Directors, the requirements of this Chapter shall not apply to dwellings destroyed by fire or other calamity; provided, that the application for a building permit to replace such dwelling is filed with the Director within one year after construction of the dwelling, unless otherwise excepted. The replacement dwelling shall not exceed the original dwelling by more than ten percent (10%) in size.
B. The Greenfield Fire Protection District may waive a portion or all of any fee established pursuant to this Chapter if the District finds, on the basis of clear and convincing evidence, that the new development will not significantly add to the need for additional fire protection facilities. (Ord. 387 §1, 1994).
19.20.070 Need for fees and their use.
A. If the Greenfield Fire Protection District requests an increased mitigation fee in the City, it shall establish that there is a need in the District for fire capital facilities based on new development within the City, as to which the new development has not contributed its fair share. Furthermore, said facilities must have been called for in, or are consistent with, the District’s capital facilities and equipment plan. The need shall be established by a study.
B. The cost estimates set forth in a study by the District shall show that they are reasonable cost estimates for constructing or replacing these facilities, and the facilities expected to be generated by new development will not exceed the total of these costs.
C. The fire mitigation fees collected pursuant to this Chapter shall be held in trust for the use and benefit of the District, and shall be used to finance only the public facilities described or identified in a fire capital facilities plan prepared by the District.
D. The fees required pursuant to this Chapter may be waived by the Greenfield Fire Protection District board of directors upon certification by the Fire Chief of the District that the fire capital facilities and equipment needs required by new development within the City are met through alternative financial arrangements. (Ord. 387 §1, 1994)
19.20.080 Findings and content of resolution:
This Chapter shall become applicable to development within the boundaries of the City when the following events occur:
A. A study and analysis has been prepared by the Greenfield Fire Protection District as a fire capital facilities mitigation analysis.
B. The City Council shall hold a public hearing to consider the Greenfield Fire Protection District’s fire capital facilities mitigation analysis. After receiving and considering the fire capital facilities mitigation analysis of the Greenfield Fire Protection District, and other testimony, if any, the City may approve the study and find that the new development in the City will generate additional fire service need and will contribute to the degradation of fire services within the City. The Greenfield Fire Protection District shall present to the City facts and evidence which establish a reasonable relationship between the need for the described public facilities and the impact of new development, and that there is a reasonable relationship between the use of the fee and the type of development for which the fee is charged.
C. The City Council shall adopt a resolution making the following findings:
1. The Greenfield Fire Protection District does not have existing adequate fire protection facilities and equipment which could be used to provide an appropriate level of service to new development within the City’s boundaries, as documented in a capital facilities and equipment plan of the Greenfield Fire Protection District.
2. The Greenfield fire protection district does not have sufficient funds available to construct additional facilities from fund balances, capital facility funds, property tax sources, or any other appropriate sources.
3. The lack of fire protection facilities and equipment to serve new development within the city would create a situation perilous to the public health and safety of the city and its residents.
4. Other development fees charged by the city and/or the Greenfield fire protection district do not include a payment toward the cost of the capital facility and equipment expansion necessary as the result of new construction in the city, as a component of the fee, and therefore the fire mitigation fee is necessary within the city. (Ord. 387 §1, 1994)
19.20.090 Fees To Be Fixed By Resolution--Indexing:
The fire mitigation fee to be imposed on new development under the provisions of this chapter shall be fixed and determined by resolution of the city council. The fee levels established shall be adjusted annually in accordance with the most current "Engineering News Record" construction cost index. Annual changes shall be effective on July 1 of each year. (Ord. 466 §2, 2007: Ord. 387 §1, 1994)
19.20.100 Fee Pavrnent:
A. Prior to the issuance of any building permit, the applicant for such building permit shall pay to the city the fees prescribed by the city’s resolution.
B. The amount of such fees shall be determined by the fee resolution in effect on the date the applicant applies for, and pays fees for, an unexpired plan check.
C. In the event that subsequent development occurs with respect to property for which fees have been paid, additional fees shall be required only for additional square footage of development which was not included in computing a prior fee. (Ord. 387 §1, 1994)
19.20.110 Use Of Fees:
All fees collected pursuant to this chapter and transferred to the Greenfield fire protection district shall be used by the Greenfield fire protection district for the purpose of providing for capital facilities and equipment necessary to provide service to new development in the Greenfield fire protection district. (Ord. 387 §1, 1994)
19.20.120 District Reporting Requirements:
A. The Greenfield fire protection district shall be required to place all funds received under this program, and all interest subsequently accrued by the Greenfield fire protection district on these funds, in a separate budget accounting category to be known as the "Greenfield fire protection district".
B. The Greenfield fire protection district shall be required to expend funds from the city mitigation fee budget category only for the purpose of providing capital facilities and equipment in the Greenfield fire protection district.
C. The city and the Greenfield fire protection district shall maintain adequate accounting records.
D. The Greenfield fire protection district shall submit a report no later than October 31 of each year to the director. Said report shall include the balance in the account at the end of the previous fiscal year, the fee revenue received, the amount and type of expenditures made, and the ending balance in the fund. The report shall specify how funds have been spent or committed in the Greenfield fire protection district’s budget. In addition, the report shall specify the actions the district plans to take to alleviate the facility and equipment needs caused by new development in the city in a capital facilities mitigation analysis. The Greenfield fire protection district shall make available upon request by the city council a copy of its annual audit report.
E. The Greenfield city council shall make its records available to the public on request at all reasonable times.
F. The Greenfield fire protection district shall make findings with respect to any portion of the fee remaining unexpended or uncommitted in its account for five (5) or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The Greenfield fire protection district shall refund to the then current record owner or owners of the development project or projects on a prorated basis the unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated. Fees expended by the Greenfield fire protection district in good faith in accordance with the capital facilities plan are nonrefundable if the project does not proceed to completion. However, if the project later proceeds, the fee paid shall apply pro rata to the new development. (Ord. 466 §3, 2007: Ord. 387 §1, 1994)