HomeMy WebLinkAboutBack-Up from Law DepartmentO See. 1.343. - Administration of inipact fee.
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(b)
(c)
(d)
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Collection qfimpact fee, Impact fees due pursuant to this article shall be collected by the building
department prior to issuance of a building permit.
Transfcr qffitnds to finance department. Upon receipt of impact fees, the building department shall
transfer such funds to the city -finance department which shall be responsible for placenient of such. funds
into the appropriate separate accounts by type of impact fee and applicable benefit district, or applicable
subdistrict for fire -rescue impact fees. All such -funds shall be deposited in interest-bearing accounts in a
bank authorized to receive deposits of city funds. Interest earned by each account shall. be credited to that
account and shall be used. solely for the purposes specified for funds of such account. The funds of these
accounts shall not be commingled with other funds or revenues of the city.
Establishment and maintenance of accounts, The city finance department shall establish separate
accounts and maintain records for each such account, whereby impact -fees collected are segregated by
type of impact fee and by benefit district or applicable subdistrict. A separate account shall be maintained
for each type of impact fee by benefit district or subdistrict as follows: fire -rescue impact -fee north
subdistrict, fire -rescue impact fee south subdistrict, police impact fee district, general services impact fee
district and parks and recreation impact fee district, .Accounts established in 1988 for the original impact
fee beriefit/plannirig districts shall be maintained through FY2008, The city shall use its best efforts to
appropriate and expend those funds within the appropriate benefit/planning district, however, tile fund
balances for the fire -rescue. Police, general services, solid waste, and parks and recreation impact fee
funds remaining at the end of FY2008 may be transferred to the appropriate impact fee benefit district or
subdistrict established in subsection [`_7(c) and expended. within that district or subdistrict.
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Maintenance elf records. 'Fhe city finance department shall maintain and keep adequate financial. records
for each such account which shall show the source and disbursement of all revenues, which shall account
for all moneys received, including revenue by building permit, and which shall document and ensure that
the disbursement of funds from each account shall be used solely and exclusively in accordance with
provisions of this article. For purposes of petitions for refunds undo r�,,��,,�JonI .... 13-16 of this article, the
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expenditure and appropriation of impact fees shall be deemed to occur in the same sequential order as the
collection of impact fees, in other words, the first fee in shall be the first fee out.
Impact fee exl)endilures. Impact fees collected pursuant to this article shall be expended only for the type
of system improvements for which the impact fee was imposed. and only within the impact fee benefit
district or subdistrict where the impact fee was collected, except as provided in subsection (c) above,
Impact fees shall not be expended to eliminate any deficiencies in facilities, land or equipment that may
result .from adoption of an increased level of service.
Annual review and mocl?.'Iflcallon, The city, acting through appropriate staff or agents, shall annually, no
later than 120 days after the annual capital budget and capital improvements program adoption process,
review the impact fee ordinance procedures, assumptions, formulas, benefit: district and subdistrict
designations, and fee calculations, and issue an annual report. The first annual report shall be issued after
September 2006. The annual report shall be distributed to the city corn.mission by the city maiiager. `Ihe
annual report should, at a minimum, include information by individual. benefit district or subdistrict for
the fire -rescue impact fee, on account balances, annual collections annual expenditures and system
iniprovenient projects funded in whole or in part with impact fees. The annual report should provide
information on the number of owner -occupied units and rental units participating in the affordable
housing impact fee deferral program, the number of units added annually, and the number of units no
longer meeting the affordable housing deferral program criteria. The report should evaluate the
effectiveness of the deferral program in encouraging the provision and retention of affordable housing
and the effect, if any, of the deferral program on the provision of impact fee funded public facilities. The
annual report should present any recommendations related to the impact fee system including but not
limited. to, the need for any updates to the impact fee calculations district boundaries and ordinance, In
reviewing the impact fee system, the city .may consider:
(1)
Development occurring in. the prior year;
Construction of proposed public facilities;
Changing facility needs;
Inflation and other economic factors;
Revised. cost estimates for public facilities, land. and/or improvements;
Changes in the availability of other funding sources applicable to impact -fee -related capital.
improvements; and
Such other factors as may be relevant. The data in the annual report may be organized based on the
city's fiscal year or calendar year. Nothing in this article shall be construed to limit the city
commission's authority to amend. this article at any time.
Triennial review and rnodificalion. The city shall conduct a complete :review of the impact fees every
three years to determine if changes in costs, facility needs, development patterns, demographics and any
other relevant factors indicate a need to update the impact fee calculations, data, methodology or other
components of the impact fee system. The triennial report issued based on this review shall be distributed
to the city commission by the city manager. Changes to the impact: fee system, including updated fee
calculations, should be adopted. within a year of completion of the triennial report.
(Ord. No. 12750, § 2, 12-1.5-05)