CHAPTER 5
REQUIREMENTS FOR SUBDIVISION IMPROVEMENTS, RESERVATIONS, DESIGN & LAYOUT Amended Ord. 23-2019

Sections:

Article 1 GENERAL REQUIREMENTS

14-5-101    Required Improvements.

14-5-102    Block Standards.

14-5-103    Environmental Impact Mitigation.

14-5-104    Fire Suppression.

14-5-105    Lot Standards.

14-5-106    Zoning Requirements.

14-5-107    Street Frontage Requirements.

14-5-108    Easements.

14-5-109    Public Building and Open Space Sites.

14-5-110    Sewer.

14-5-111    Streets.

14-5-112    Utilities.

14-5-113    Water Facilities.

14-5-114    Subdivision Development Costs and Charges.

14-5-115    As-Built Drawings Required.

14-5-116    Conflict of Interest.

14-5-117    Enforcement.

Article 2 GUARANTEE OF PERFORMANCE

14-5-201    Applicability of Chapter. Amended Ord. 23-2019

14-5-202    Type and Amount of Guarantee. Amended Ord. 23-2019

14-5-203    Final Disposition and Release. Amended Ord. 23-2019

14-5-204    Partial Release Permitted. Amended Ord. 23-2019

14-5-205    Duration of Improvement Completion Assurance – Improvement Warranty.

14-5-206    Default.

Article 3 UTILITY SYSTEM EXTENSIONS

14-5-301    Procedure for Approval.

14-5-302    Application for Extension.

14-5-303    Contents of Application.

14-5-304    Referral to Departments.

14-5-305    Utility Extension Agreement Required.

14-5-306    Design Requirements.

14-5-307    Over-size Facilities.

14-5-308    Reimbursement for Water Line Extensions.

14-5-309    Reimbursement for Sewer Line Extensions.

14-5-310    Reimbursement for Electric Line Extensions.

14-5-311    Reimbursement for Storm Sewer Line Extensions.

Article 4 IMPACT FEE PROCEDURES

14-5-401    Purpose and Intent.

14-5-402    Definitions.

14-5-403    General Provisions.

14-5-404    Affected Area.

14-5-405    Type of Development Affected.

14-5-406    Procedures for Imposition, Calculation and Collection of Impact Fees.

14-5-407    Establishment of Impact Fee Accounts; and Appropriation of Impact Fee Funds

14-5-408    Refunds.

14-5-409    Appeals.

14-5-410    Conflict.

14-5-411    Severability.

14-5-412    Developer Agreements for Impact Fees.

Article 1 GENERAL REQUIREMENTS

14-5-101 Required Improvements.

(1)    The improvements required by this Chapter shall be installed in all subdivisions. All improvements shall be installed and guaranteed by the developer in accordance with Springville City ordinances and the Springville Standard Specifications and Drawings and be inspected by the Public Works Director, or the Director’s designee. All improvements shall be completed within:

(a)    One (1) year from the date of final approval, or

(b)    If the developer elects to post an improvement completion assurance and record a subdivision plat prior to constructing any subdivision improvements, one (1) year from the date of recording the subdivision plat.

At its discretion, the City Council may grant one (1) extension not to exceed twelve (12) months for the developer to install the required improvements. If an extension is granted and the applicant has previously elected to record a subdivision and provide an improvement completion assurance for the improvements, the applicant must update or submit a current improvement completion assurance that covers the granted extension period with the Public Works Department as required in accordance with Section 14-5-202. Extensions granted by the City Council will also extend the preliminary plan approval of the overall phasing plan under Section 14-2-104(8). Failure to meet this time frame may result in forfeiture of the improvement completion assurance in accordance with Section 14-5-206.

(2)    Completion of Improvements:

(a)    Prior to the issuance of a building permit, the following improvements are required to be installed:

(i)    All underground piping, including, but not limited to, storm drains, irrigation piping, sewer, culinary and secondary water lines, and any and all electrical, cable, Internet service, etc., lines shall be installed.

(ii)    All flood control retention/detention basins or areas shall be graded to within four inches (4") of finish grade, with all delivery, outfall lines and structures installed.

(iii)    All curb and gutter, structural fill, sub-base, and road base shall be installed, graded and compacted to meet City specifications. In addition, from the period of May 1st through and including November 1st (or as long as asphalt plants are operating, and the mean daily temperature is above forty-five (45) degrees F.), the roadways shall be asphalted.

(b)    (i) Notwithstanding subsection (2)(a) of this Section, when building construction is commercial, industrial, or multi-family construction, building permits may be issued prior to the completion of those improvements listed under subsection (2)(a) of this Section when:

(A)    The entire project is being developed by a single owner;

(B)    All water line systems and hydrants necessary for fire suppression have been installed and tested prior to the beginning of combustible construction;

(C)    Appropriate bonds and guarantees are in place to cover said required improvements; and

(D)    The City Council has approved a development agreement that establishes an acceptable timeline to install and protect said improvements and fully addresses all public safety access requirements.

(ii)    The timeline to install and protect public improvements shall prohibit heavy equipment from traveling on or across any street within the subdivision, except under the following circumstances:

(A)    The heavy equipment is being used to construct the streets and public improvements within the streets;

(B)    The heavy equipment is only traveling along approved designated routes within the streets;

(C)    The pavement is installed; or

(D)    Road base is filled to top of lip of gutter with sufficient elevation to accommodate street surface drainage.

(iii)    All required improvements of subsections (2)(a), (b), and (c) of this Section shall be installed prior to the issuance of the certificate of occupancy.

(c)    Prior to the issuance of the certificate of occupancy, the following improvements are required to be installed:

(i)    Sidewalk along the entire frontage of the lot in question;

(ii)    Street signs and street lighting;

(iii)    Flood control retention/detention basins completed with all landscaping, sprinkler systems, or other improvements required by the City for the completion of the basin; and

(iv)    All street improvements, including pavement.

(Adopted by Ord. No. 1-03; amended by Ord. No. 6-03; Ord. No. 11-2009, 06/16/2009; Ord. No. 10-2010, 06/15/2010; Ord. No. 08-2013, 06/04/13; Ord. No. 05-2014 § 4, 02/18/2014)

14-5-102 Block Standards.

(1)    The length, width and shape of blocks shall be designed in a manner to provide convenient and safe circulation and access for pedestrians and vehicles, recognizing the restraints and opportunities created by topographic and natural features.

(2)    Block Size – Block dimensions and sizes shall correspond to the following standards, unless unique topographic or existing manmade barriers justify exceptions. For blocks over 800 feet in length, a dedicated walkway of not less than twelve inches (12’) in width shall be provided between streets at a point approximately one-half the block width. Blocks shall generally be of sufficient width to accommodate two (2) tiers of lots.

(3)    Block Density Standards

(a)    Where blocks are equal to more than seventy-five percent (75%) of the maximum allowable block length, the developer shall contact and attempt to coordinate with the adjacent property owner to define the location of the street ending that block. If the street is to be located on the property line, a letter from the adjacent property owner indicating such agreement shall be provided.

(b)    Maximum block width may be increased by up to ten percent (10%) for maximum block requirements of 800 feet or less.

Gross Density

Maximum Block Dimensions Between Street R-O-W

Maximum Block Area

 

1.0 or less dwellings per acre

None

None

1.01 to 2.0 dwellings per acre

1,320 feet

10 acres

2.01 to 4.0 dwellings per acre

800 feet

5 acres

4.01 to 8.0 dwellings per acre

500 feet

4 acres

8.01 or more dwellings per acre

500 feet

4 acres

Village/Town Centers

500 feet

4 acres

14-5-103 Environmental Impact Mitigation.

(1)    Soils associated with construction on a building lot Subdivisions on hillside areas shall be designed and constructed in conformance with applicable regulations and standards relating to hillside developments.

(2)    The placement of streets, buildings and the designation of sites therefore on areas of unstable soil are prohibited.

(3)    Soils with a significant erosion hazard shall be protected. Re-vegetation or other erosion control measures may be imposed as a condition of subdivision approval.

(4)    Surface water produced from the subdivision development shall be properly disposed of within the limits of the subdivision or be conveyed to and disposed of in the City’s storm drainage system.

(5)    All subdivision design shall be consistent with the need to minimize flood damage.

(6)    The subdivision layout shall make adequate provisions for natural drainage channels and floodways.

(7)    All water, sewer, and other utility systems and facilities shall be designed and constructed to minimize flood damage, including the infiltration of flood water into the system or the discharge of the system into the flood waters.

(8)    Where base flood data is not available, such data shall be provided by the developer as part of the preliminary plan.

(9)    Where applicable, other adverse environmental conditions must also be eliminated or adequately accommodated. The additional conditions shall include, but shall not be limited to seismic risks, land slides, uncontrolled fires and ground water.

14-5-104 Fire Suppression.

Fire hydrants shall be installed at all locations as required by the public safety director.

14-5-105 Lot Standards.

(1)    Access, Residential. Residential access from and onto arterial and major collector streets is prohibited, except for up to three (3) mid-block driveway accesses that meet the following conditions:

(a)    Each access must be located at least one hundred fifty feet (150') away from all intersections, locations of future intersections, and other residential accesses;

(b)    Is less than forty feet (40') wide;

(c)    Serves at least three (3) residential dwelling units;

(d)    Meets all ordinance and other legal requirements for driveway accesses; and

(e)    Provides an on-site turnaround area that has an area large enough to allow vehicles that use the mid-block access to exit the street, turn around, and reenter onto the same street facing forward. The size and type of the turnaround area must be approved by the City Engineer and may be incorporated into a parking lot.

(2)    The residential access restriction in subsection (1) of this section applies to subdivisions approved after October 15, 2016.

(3)    Double Frontage Lots. Residential interior lots shall be prohibited from having frontage on more than one (1) street, except where unusual conditions make other designs undesirable for the City. These exceptions include issues associated with topographic or natural features and may also include consideration for separating low density residential development from arterial streets.

(4)    Lot Arrangement. The lot arrangement and design shall be such that lots will provide satisfactory and desirable space for building and be properly related to topography and natural features, to the character of surrounding development and to existing site development standards. In general, side lot lines shall be at right angles to street lines (or radial to curved street lines).

(Ord. No. 21-2016 § 1, 10/18/2016)

14-5-106 Zoning Requirements.

All subdivision lots shall conform to the requirements of the Springville City Zoning Ordinance for the zone in which it is located and any applicable portions of Title 11 of Springville City Code. No subdivision may leave any remnant of land that does not meet the requirements of the Zoning ordinance.

14-5-107 Street Frontage Requirements.

Each lot in a subdivision shall abut on a street dedicated to the City by the subdivision plat or on an existing public street, either dedicated or which has become public by right of use, with a right-of-way which is more than fifty feet (50’) wide.

14-5-108 Easements.

Additional easements for utilities and drainage may be required by the City Engineer.

14-5-109 Public Building and Open Space Sites.

In subdividing property, consideration shall be given for suitable sites for schools, parks, playgrounds and other areas for public use. Primary consideration for such uses should be land located at the terminus of a residential collector street and such uses should be clustered so that they may serve as a focal point for the neighborhood. Any provisions for such buildings or open space should be indicated on the preliminary plan, in order to determine when and in what manner such area will be dedicated to or acquired by the appropriate entity.

14-5-110 Sewer.

(1)    Both off-site and on-site sewer mains of not less than eight inches (8") in diameter shall be installed so that each lot may utilize City sewer service.

(2)    All stormwater facilities and systems shall be installed as required by the City and meet the location, sizing and design requirements of the stormwater master plan or as directed by the City Engineer.

14-5-111 Streets.

(1)    Grading and Improvements. All street rights-of-way shall be graded and improved to include street pavement, curb, gutter and sidewalk in conformance with the Design Standards and Specifications of Springville City and shall be approved as to design and specifications by the City Engineer.

(2)    Arrangement. The arrangement of streets shall create connectivity in order to create strong residential neighborhoods. New subdivision development shall make provisions for the continuation of existing streets adjacent subdivisions and shall include street extensions up to adjacent undeveloped lots at the same or greater widths unless variations are deemed unnecessary by the City Council. The developer shall consult with property owners of undeveloped lots in determining where future street connections should be established. All temporary dead-end streets that include inside lot frontages shall include an adequate turn-around at the dead-end portion of the street. All streets shall be in conformance with the Springville General Plan.

(3)    A modified grid pattern, including curvilinear and loop streets, is the preferred street pattern for all residential development.

(4)    Alleys. Alleys may be provided for side or rear access to multi-family, commercial and industrial uses. Alleys should be a minimum of sixteen inches (16’) wide.

(5)    Cul-de-sacs. Cul-de-sacs may only be used when natural or manmade features make loop or through streets impractical and undesirable. Special attention should be given to ensure that cul-de-sacs do not directly access onto an arterial or major collector street.

(6)    When a cul-de-sac is approved, a dedicated walkway of not less than twelve inches (12’) in width shall generally be provided between the end of the cul-de-sac and the next street.

(7)    A terminus of a fifty-five foot (55’) right-of-way shall be provided at the end of each cul-de-sac.

(8)    Half-streets. All streets shall conform to the minimum standards of width, except that the City Council may accept partial or half streets if the following conditions are met:

(a)    The street is located at the border of a subdivision;

(b)    The proposed pavement width is at least 28 feet wide and accommodates all utility systems as set forth in City Standards;

(c)    The remaining portion is not necessary to allow for the development of adjacent property;

(d)    There are no existing conditions which would prevent the subsequent development of the remaining portion of the street; and

(e)    At the time the remainder of the right-of-way is constructed, the City Engineer shall require resurfacing of the complete street surface and may require rebuilding the street to meet City standards.

(9)    Ingress and Egress. In order to provide adequate circulation and adequate emergency access to and from the development, two points of ingress and egress shall be provided in all subdivisions with the following exceptions:

(a)    Any subdivision which cannot provide two points of ingress and egress in a practical manner shall be limited to no more than twelve (12) residential lots or units;

(b)    A subdivision which will be served by more than one point of ingress and egress in the future may receive approval for more than twelve (12) lots provided that no more than twelve (12) lots are constructed until a second point of ingress and egress is provided. This requirement shall be indicated on the Final Plat.

(10)    Street signs. The developer shall install street signs at all locations indicated on the preliminary plat prior to the issuance of any occupancy permit in the subdivision. The location and design of these signs shall conform to minimum City standards, which shall be provided to the developer by Springville City Public Works Department and shall be in accordance with state law.

(11)    Private Roads and Driveways.

(a)    The City shall not, nor shall any of its employees, open, accept, grade, pave, or light a street, or authorize the laying of any sewer or water main in a street, or make connection to public water or sewer lines in a street, unless said street has received the status of a public street either by prescription or dedication or is shown on a plat of a subdivision, which plat has received tentative approval by the City Council or has been dedicated and accepted by the City Council.

(b)    No City officer or employee shall enter upon any private driveway or road for the purpose of maintaining or constructing the same, unless and until such private driveway or road shall have first been dedicated and accepted by the City Council.

(12)    Street Trees. [Reserved]

(13)    Survey Markers. Not less than two (2) permanent survey monuments shall be installed in each subdivision. The location of the monuments shall be shown on the final plat. All corners in the subdivision and all lot corners in the subdivision shall be marked.

(14)    Lot Line Markers. Lot lines shall be identified with a permanent metal marker located on the top of the curb.

14-5-112 Utilities.

(1)    Street Lights. Street lights, conforming to the City minimum standards, shall be installed at all locations indicated on the preliminary plan.

(2)    Electric Power. Electric power shall be provided to each lot in accordance with minimum City standards. All lines and appurtenant facilities shall be located underground, except where the subdivider can show that the underground placement is not physically feasible.

(3)    Telephone Lines. Telephone lines shall be provided to each lot in accordance with minimum City requirements. All lines and appurtenant facilities shall be located underground, except where the subdivider can show that the underground placement is not physically feasible.

(4)    Natural Gas. Natural gas lines shall be provided to each lot with all lines and appurtenant facilities conforming to minimum City requirements.

14-5-113 Water Facilities.

The applicant will be responsible to participate in the creation of a safe water supply for the subdivision and the delivery of water to all habitable buildings and each lot in the subdivision for domestic use and fire suppression. All improvements, whether on-site or off-site, which provide direct benefit to the subdivision shall be constructed and paid for by the developer. All transfer and conveyance of water rights shall be consistent with all applicable Springville City ordinances and resolutions.

(1)    Culinary Delivery System. Both off-site and on-site water mains of not less than eight inches (8") in diameter shall be installed so that each lot may be served therefrom.

(2)    Pressurized Irrigation System. Water distribution lines for a pressurized irrigation system shall be installed as required by the City. The location, size, and design of these facilities shall be in accordance with the City’s secondary irrigation plans and standards or as directed by the City Engineer. The City Engineer, in consultation with the subdivider and with the approval of the City Council, may determine that these water lines should not be installed at the time or the other subdivision improvements. In such cases, the City may accept a cash payment, in the amount estimated by the City Engineer to equal the cost of installation of the pressurized secondary water distribution mains and services to the subdivision. The cash payment for these improvements shall be held in a restricted account for the sole purpose of installing secondary water lines and services in the future. Said subdivision and platted lots will not be assessed any fees in the future for the installation of said mains or services, but may pay such other connection or other applicable fees as the City Council may elect to assess or charge prior to the receipt of service from the City’s pressurized secondary irrigation system.

(3)    Water Rights Conveyance.

(a)    For single and multi-family residential subdivisions, a developer must convey to the City water rights as required under Section 11-6-124. This conveyance must be completed before the subdivision may be recorded or the commencement of subdivision infrastructure improvements, whichever is to occur first.

(b)    Pursuant to Section 11-6-124, water for nonresidential subdivisions shall be tendered at the time a building permit is issued or change of use occurs.

(4)    All required culverts and drainage ways shall be installed as required by the City. All pressurized irrigation facilities and systems shall be installed as required by the City and meet the location, sizing and design requirements of the pressurized irrigation master plan or as directed by the City Engineer.

(5)    The Planning Commission shall not approve any preliminary plat for any subdivision, including a minor subdivision, until and unless the subdivider has submitted to the Planning Commission a drawing showing the location of all underground drain lines within the subdivision or in any street on which the subdivision may front or impact in any way. Such drainage shall be signed by the underground drainage district, company, companies, person or persons having the authority and right, recorded or prescriptive, to use such underground drains.

Signature by the underground drain users, district, company, companies, person or persons shall certify that the drawing is a true and accurate representation of the location of all such underground drain lines. Before approval of the preliminary plat, the Planning Commission shall also require the subdivider to submit a signed statement from the underground drainage district, company, companies, person, persons having the right, recorded or prescriptive, to use such underground drains will adequately provide for the continued use and integrity of the underground drain. The underground drain user, district, company, companies, person, persons or Planning Commission shall require that any or all of such underground drains be removed and replaced as a condition of approval of a preliminary plat.

(Adopted by Ord. No. 1-03, amended by 6-03; Ord. No. 04-2014 § 2, 02/18/2014)

14-5-114 Subdivision Development Costs and Charges.

(1)    Except as may otherwise be provided in this Section, all costs and charges for the development and planning of subdivisions shall be borne and paid by the subdivider and shall not be paid by the City.

(2)    In cases where the City requires the subdivider to install on-site or off-site sewer or water mains, which are in excess in either length or size of those the subdivider would normally be required to install to service the subdivision, the City may pay a portion of the excess costs as determined by negotiations between the subdivider and City Council, and as specified in a utility extension agreement made pursuant to Section 14-5-305.

(3)    In cases where the City requires the subdivider to install roads, culverts, and bridges, which exceed the normal requirements for minor or collector streets, the City may pay a portion of the excess costs of grading and draining such streets, of such bridges and culverts, and of paving to a width in excess of forty-nine feet (49'), as determined by negotiations between the subdivider and City Council.

(4)    The City shall make all connections for street lighting and perform all maintenance to the street lighting system thereafter.

(5)    The City shall furnish wire and transformers for the electric utility system, shall make all connections to such system, and shall be responsible for the maintenance of the system. Provided, however, the subdivider shall pay the fees which may be adopted pursuant to subsection (8).

(6)    For storm drain lines and facilities, which the City may require in excess of those required for service to the subdivision, the City may pay a portion of the costs of such lines and facilities, which is in excess of the cost of standard size lines and facilities, as determined by negotiations between the subdivider and City Council.

(7)    The City may pay a portion of the costs for flood protection or elimination of other environmental hazards as determined by negotiations between the subdivider and City Council. The subdivider shall, however, be responsible for fencing, and covering ditches and canals, and for providing a geophysical hazard report when required by the City.

(8)    The subdivider shall, as a condition of approval of the subdivision and recording of the plat, pay to the City such amount or amounts as the City Council may from time to time provide by resolution to compensate the City for its costs in inspecting and testing improvements in the subdivision, providing electrical service to the lots in the subdivision, and providing other utility facilities with capacity sufficient to provide service to the lots in the subdivision.

14-5-115 As-Built Drawings Required.

Plans showing the locations, size, grade, and depth of all water and sewer mains, valves, manholes, and other subsurface utility and service lines and facilities shall be submitted to the City by the subdivider prior to the release of any performance guarantees. The location of required survey monuments shall be approved by the City Engineer, at the request of the subdivider to the City Council, before the release of any performance guarantees.

14-5-116 Conflict of Interest.

No employee or agent of Springville City shall work for or be employed by any contractor or subdivider for the purpose of installing any plumbing or sewer fixture, pipes or connections, or for the purpose of installing or supervising the installation of any curb, gutter or sidewalk, or for the purpose of surveying any portion of the subdivision or proposed subdivision, or for the purpose of installing or supervising the installation of any electrical wiring, connections, apparatus or fixture, provided that this Section shall not apply to independent engineering contractors employed by the City.

14-5-117 Enforcement.

(1)    No officer or employee of the City shall grant any permit or license for the construction or use of any building or land within a subdivision; unless and until said subdivision has been approved in accordance with the requirements of this Chapter.

(2)    Any person, whether the owner or agent of the owner, who sells or transfers any land within the City in violation of the requirements of Section 14-1-106 shall be guilty of a misdemeanor for each lot or tract so sold or transferred, and upon conviction thereof, shall be liable to punishment by a fine in an amount not to exceed $299, or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

Article 2 GUARANTEE OF PERFORMANCE

14-5-201 Applicability of Chapter. Amended Ord. 23-2019

This Chapter shall govern the provisions, nature, use, and disposition of all improvement completion assurances which are required to be posted with or deposited for the benefit of the City by Title 11 or 14 of Springville City Code.

(Ord. No. 05-2014 § 5, 02/18/2014)

14-5-202 Type and Amount of Guarantee. Amended Ord. 23-2019

The improvement completion assurance shall be one of the following, at the discretion of the developer:

(1)    A deposit of cash in a separate escrow account in an amount not less than one hundred ten percent (110%) of the estimated cost of constructing the required improvement or improvements, as determined by the City. Said account shall be made with a financial institution approved by the City Administrator, or the Administrator’s designee, and shall be established in such a manner that any release therefrom shall require the advance written consent of the City. All interest earned from the account shall be the property of the developer.

(2)    A surety bond, letter of credit, or other security that is acceptable to the City Administrator, or the Administrator’s designee, in an amount not less than one hundred ten percent (110%) of the City Engineer’s estimated cost of constructing the required improvement or improvements.

(Ord. No. 05-2014 § 5, 02/18/2014)

14-5-203 Final Disposition and Release. Amended Ord. 23-2019

The developer, or other person giving the performance guarantee provided for by this Chapter, shall be responsible for all materials and workmanship of the improvements. At the completion of the work, or not less than thirty (30) days prior to the date the improvements are required to be completed, whichever occurs first, the person giving the guarantee shall contact the City Engineer to ensure that a final inspection is completed. The City Engineer, or the Engineer’s designee, shall then make a preliminary inspection of the improvements and shall submit a report to the Public Works Director setting forth the results of the inspection. If the condition of said improvements is found to be satisfactory and all liens are paid, the Public Works Director shall authorize the release of the guarantee, except for the improvement warranty provided for in Section 14-5-206. If the condition of material or workmanship shows unusual depreciation or does not comply with Springville ordinances or the Springville Standard Specifications and Drawings, or if any outstanding liens are not paid, the matter shall be referred to the City Council; and in accordance with Section 14-5-206, the Council may declare the person giving the guarantee in default.

(Ord. No. 05-2014 § 5, 02/18/2014)

14-5-204 Partial Release Permitted. Amended Ord. 23-2019

The Public Works Director may, upon recommendation of the City Engineer and application of the person giving the guarantee, authorize from time to time a partial release of the performance guarantee in accordance with the following schedule:

Percent of Work Completed

Maximum Percentage of Construction Estimate Eligible for Release

25%

25%

50%

50%

75%

75%

100%, and a satisfactory final inspection

100% (Above releases do not include additional 10%)

14-5-205 Duration of Improvement Completion Assurance – Improvement Warranty.

(1)    The duration of the improvement completion assurance covering the construction of the required landscaping and/or infrastructure improvements shall equal the time period that the developer has to install the landscaping and/or infrastructure improvements plus thirty (30) days. The time period shall begin on the date of final approval of the improvement completion assurance by the City Administrator, or the Administrator’s designee.

(2)    Prior to the City’s acceptance of a landscaping and/or infrastructure improvement, the developer shall:

(a)    Execute an improvement warranty for the improvement warranty period; and

(b)    Post a cash deposit, surety bond, letter of credit, or other similar security that is acceptable to the City Administrator in the amount of ten percent (10%) of the lesser of the:

(i)    City Engineer’s original estimated cost of completion; or

(ii)    The developer’s reasonable proven cost of completion.

(Ord. No. 05-2014 § 5, 02/18/2014)

14-5-206 Default.

(1)    When the City Council shall determine that the person posting the improvement completion assurance or the improvement warranty guarantee has failed or neglected to satisfactorily install the required improvements or make required corrections, or to pay all liens in connection with said improvements, the Council may, after a public hearing on the matter, declare the improvement completion assurance, or any unreleased portion thereof, or the improvement warranty guarantee forfeited and thereafter may install or cause the required improvement to be installed or repaired using the proceeds of the guarantee to defray the expense thereof.

(2)    In the event that the unreleased portion of the improvement completion assurance or the improvement warranty guarantee is not sufficient to pay all the cost and expense of such installation or repair, the City may maintain an action against the person giving the guarantee for the excess.

(Ord. No. 05-2014 § 5, 02/18/2014)

Article 3 UTILITY SYSTEM EXTENSIONS

14-5-301 Procedure for Approval.

(1)    Except as may be otherwise provided by Title 4, all extensions to existing City utility systems shall be authorized as set forth in this Chapter. Extensions are included as an integral part of any proposed subdivision or large-scale development, which is approved pursuant to this Title.

(2)    This Chapter shall apply only to extension of main or trunk utility lines and related appurtenances and shall not apply to any service extension or lateral.

14-5-302 Application for Extension.

Any person desiring to extend any utility system may make application to the City Council. Such applications shall be considered by the City Council on a case-by-case basis, and the Council may approve such applications upon such terms and conditions as it may deem to be in the best interest of the City.

14-5-303 Contents of Application.

The application shall contain a description of the proposed extension accompanied by a map showing the location thereof. Detailed engineering drawings showing the location and size of all lines, mains, service laterals, and any other appurtenant facilities shall be included.

14-5-304 Referral to Departments.

Before any such application is approved, the City Council shall refer the same to the superintendent of the applicable utility department for his review and comment. The application may also be referred to the Planning Commission and the City Engineer for similar review and recommendation.

14-5-305 Utility Extension Agreement Required.

Before any construction to extend any City utility as provided in this Chapter is done by the City or by any person making such extension, the City and the person making the extension shall sign a written utility extension agreement. Such agreement shall identify the work to be done and materials to be furnished by each party, the standards and specifications for the work to be done and materials to be furnished, the responsible party for payment for work and materials together with a payment schedule, and the reimbursement to which any person may be entitled as provided in this Chapter. Unless the utility extension agreement specified otherwise, a person or persons making an extension to a utility system shall be entitled to reimbursement as provided in Sections 14-5-307 and 14-5-308 through 14-5-310. Sections 14-5-307 and 14-5-308 through 14-5-310 shall not be construed so as to require the City Council to enter into any particular reimbursement arrangement with any person. No reimbursement by the City to any party shall be required unless the same is specified in a utility extension agreement.

14-5-306 Design Requirements.

The design, location, materials, and methods and standards of construction of any utility extension shall be in accordance with City standards and specifications as approved by the City Council.

(1)    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(2)    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and to discharge from the system into flood waters.

(3)    On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

14-5-307 Over-size Facilities.

(1)    The City Council may require the construction of over-size facilities as a condition of the approval of any application governed by this Chapter. For purposes of this Chapter, an over-size facility shall be any portion of the work which is increased in size or capacity to provide utility service, present or future, to any land other than land owned by or under the control of the person or persons making the utility extension.

(2)    If the City Council requires an over-size facility, the City shall to the extent specified in the utility extension agreement pay the amount by which the cost of construction of the over-size facility exceeds the cost of construction of the facility had the over-sizing requirement not been imposed. Payment for such over size will be on the terms and conditions specified in the utility extension agreement. Unless otherwise specified in the utility extension agreement, the amount which the City will pay pursuant to this Section shall be the amount by which the cost of pipe, fittings, valves, manholes, and similar appurtenances for the over-size facility exceeds the cost of the same items had the over-size requirement not been imposed and shall not include any other cost of installing the over-size facility.

(3)    Notwithstanding anything in this Chapter to the contrary, an extension of a water main shall not be deemed to be over sized if the City Council requires the same to be constructed with eight inch (8") diameter pipe and fittings in a residential zone or with ten inch (10") pipe and fittings in any other zone. Notwithstanding anything in this Chapter to the contrary, an extension of a sewer main shall not be deemed to be over sized if the City Council requires the same to be constructed with ten inch (10") diameter pipe and fittings in a residential zone or with fourteen inch (14") diameter pipe and fittings in any other zone.

14-5-308 Reimbursement for Water Line Extensions.

Any person who installs an extension to the City culinary water system governed by this Chapter at his own expense in a street or easement which is adjacent to or upon the property of another may receive reimbursement of part of that expense under the following conditions:

(1)    The person has entered into a utility system extension agreement as required by Section 14-5-305.

(2)    If, within ten (10) years from the date of the utility extension agreement, a party connects to a water line described above, the person who installed the water line shall at the time of such additional connection receive a reimbursement from the City in the amount specified by subsection (3) below, which amount the connecting party shall be required to pay to the City. Any amount paid by the connecting party pursuant to this subsection shall be in addition to any payment of fees for connection to the water system as determined pursuant to Section 4-2-105.

(3)    The reimbursement amount shall be at the rate determined by the City as the actual reasonable cost per foot of installing the water line to which the connection is made, excluding any of the cost attributable to over size as required by Section 14-5-307, per foot of frontage along the water line or one-half of that amount per foot of frontage on each side of the street or easement in which the water line is located. If the water line is located in a street or easement where connections will be made to only one side, the property on that side shall bear the entire reimbursement amount per front foot of frontage.

(4)    This Section shall apply to water lines which were constructed prior to the effective date hereof as well as to those water lines which are constructed hereafter.

(5)    If the City installs a water line at its expense, the City shall be entitled to reimbursement from connecting parties pursuant to this Section as if it were a private party and the agreement required by subsection (1) above shall not be required.

(6)    This Section shall apply only to water line extensions benefiting property not previously serviced. It shall not apply in cases of water line replacement where water service has been previously provided.

14-5-309 Reimbursement for Sewer Line Extensions.

Any person who installs an extension to the City sanitary sewer system governed by this Chapter at his own expense in a street or easement which is adjacent to or upon the property of another may receive reimbursement of part of that expense under the following conditions:

(1)    The person has entered into a utility system extension agreement as required by Section 14-5-305.

(2)    If, within ten (10) years from the date of the utility extension agreement, a party connects to a sewer line described above, the person who installed the sewer line shall at the time of such additional connection receive a reimbursement from the City in the amount specified by subsection (3) below, which amount the connecting party shall be required to pay to the City. Any amount paid by the connecting party pursuant to this subsection shall be in addition to any payment of fees for connection to the sewer system as determined pursuant to Section 4-2-105.

(3)    The reimbursement amount shall be at the rate determined by the City as the actual reasonable cost per foot of installing the sewer line to which the connection is made, excluding any of the cost attributable to over size as required by Section 14-5-307, per foot of frontage along the sewer line or one-half of that amount per foot of frontage on each side of the street or easement in which the sewer line is located. If the sewer line is located in a street or easement where connections will be made to only one side, the property on that side shall bear the entire reimbursement amount per front foot of frontage.

(4)    This Section shall apply to sewer lines which were constructed prior to the effective date hereof as well as to those sewer lines which are constructed hereafter.

(5)    If the City installs a sewer line at its expense, the City shall be entitled to reimbursement from connecting parties pursuant to this Section as if it were a private party and the agreement required by subsection (1) above shall not be required.

(6)    This Section shall apply only to sewer line extensions benefiting property not previously serviced. It shall not apply in cases of sewer line replacement where sewer service has been previously provided.

14-5-310 Reimbursement for Electric Line Extensions.

Any person who installs an extension to the City electric power system governed by this Chapter at his own expense may receive reimbursement of part or all of that expense under the following conditions:

(1)    The person has entered into a utility system extension agreement required by Section 14-5-305.

(2)    If, within ten (10) years from the date of the utility extension agreement, the City delivers electric power or energy through the extension which was paid for by the person to any other party, the City shall pay to the person who paid for the extension an amount equal to one-third of all revenue received by the City for electric power and energy delivered through the extension to parties other than the person who paid for the extension.

(3)    The amount of reimbursement provided by subsection (2) above shall not be based on any fees received by the City for connection to the electric power system, but only on revenue received for electric power and energy delivered.

(4)    The reimbursement provided by this Section shall cease on the earlier of (a) 10 years from the date of the utility extension agreement, or (b) when the person who paid for the extension has been paid ninety percent (90%) of the amount specified in the utility extension agreement as the amount which that person paid for installation of the extension, without interest.

14-5-311 Reimbursement for Storm Sewer Line Extensions.

Any person who installs an extension to the City storm sewer system governed by this Chapter at his own expense may receive reimbursement of part or all of that expense under the following conditions:

(1)    The person has entered into a utility system extension agreement required by Section 14-5-305.

(2)    If, within ten (10) years from the date of the utility extension agreement, a party connects to the storm sewer line described above, the person who installed the storm sewer line shall at the time of such additional connection receive a reimbursement from the City in the amount specified by subsection (3) below, which amount the connecting party shall be required to pay to the City. Any amount paid by the connecting party pursuant to this subsection shall be in addition to any payment of fees for connection to the storm sewer system as determined pursuant to Section 14-12-106 and the City’s Storm Drainage Impact Fee Ordinance.

(3)    The reimbursement amount shall be at the rate determined by the City as the actual reasonable cost per foot of installing the storm sewer line to which the connection is made per foot of frontage along the storm sewer line or one-half that amount per foot of frontage on each side of the street or easement in which the storm sewer line is located. The cost per foot shall be reduced by any amount for over-sizing costs paid by the City in accordance with Section 14-5-307. If the storm sewer line is located in a street or easement where connections will be made to only one side, the property on that side shall bear the entire reimbursement amount per front foot of frontage.

(4)    This Section shall apply to storm sewer lines that were constructed prior to the effective date hereof as well as those storm sewer lines that are constructed hereafter.

(5)    If the City installs a storm sewer line at its own expense, the City shall be entitled to reimbursement from connecting parties pursuant to this Section as if it were a private party and the agreement required by subsection (1) above shall not be required.

(6)    This Section shall apply only to storm sewer line extensions benefiting property not previously serviced. It shall not apply in cases of storm sewer line replacement where storm sewer service has been previously provided. (Ord No. 25-2007, 06/19/2007)

Article 4 IMPACT FEE PROCEDURES

14-5-401 Purpose and Intent.

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.

14-5-402 Definitions.

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)

14-5-403 General Provisions.

(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.

14-5-404 Affected Area.

(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.

14-5-405 Type of Development Affected.

(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)

14-5-406 Procedures for Imposition, Calculation and Collection of Impact Fees.

(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)

14-5-407 Establishment of Impact Fee Accounts; and Appropriation of Impact Fee Funds.

(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.

14-5-408 Refunds.

(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.

14-5-409 Appeals.

(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.

14-5-410 Conflict.

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.

14-5-411 Severability.

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.

14-5-412 Developer Agreements for Impact Fees.

(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 14-2-104(4).

(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)