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HomeMy WebLinkAboutOrdinance 4492 ORDINANCE NO, 4492 AN ORDINANCE TO AMEND ORDINANCE NO. 4447 CODIFIED AS § 159.02 OF THE UNIFIED DEVELOPMENT ORDINANCE TO REPEAL SUBSECTION CA, TIME OF COLLECTION AND ENACT A NEW SUBSECTION C. 1 TO CONFORM TO NEW STATUTORY REQUIREMENTS AND TO PROCLAIM AN EMERGENCY WHEREAS, Act 1719 of 2003 was recently passed by the legislature and signed into law by Governor Huckabee; and WHEREAS, Act 1719 requires existing impact fee ordinances to comply with the time of collection prescribed in Act 1719; and WHEREAS, the Fayetteville Impact Fee Ordinance for water and sewer (§ 159.02 of the U.D.O.) shall go into effect on June 16, 2003, and must be effectively amended prior to that time to comply with state law and prevent disorder. Therefore in order to prevent confusion and confrontation that could endanger the peace and safety of Fayetteville citizens, this ordinance amending the Impact Fee Ordinance must go into effect immediately upon its passage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals § 159.02 C. I . and in its stead adopts and enacts the new § 159.02 C. I . as stated below: "C. Time of collection. 41 . Water and wastewater impact fees shall be paid at the time of installation of the water meter serving the property or of the connection to the wastewater system, whichever comes first." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby declares an emergency exists such that this ordinance shall take effect immediately upon its adoption in order to prevent potential breaches of the peace and safety for our citizens which would result if our impact fee ordinance was not amended prior to its effective date so as to comply with state law. Because of such emergency, this ordinance shall be in full force and effect as soon is it is passed by the City Council and signed by the Mayor. Ord. No. 4492 Page 2 1PASSED and APPROVED this the 3rd day of June, 2003 . • APPROV AN COODY, Mayor Sondra Smith, City Clerk NAME OF FILE: Ord. No. 4492 CROSS REFERENCE: ' Item # Date Document 1 06/03/03 10rd. No. 4492 2 05/21/03 IStaff Review Form w/attachments: draft ordinance memo to mayor city/council proposed amendments copy of Ord. 4447 3 06/11/03 memo to Tim Conklin Af NOTES: NORTHVA71�ST ARKANSAS �1 TTI �NE� Arkansas Democrat Gazette. AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Legc4l Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas , and that from my own personal knowledge and reference to the files of said publication , that advertisement of: / was inserted in the regular editions on PO#f ** Publication Charge: $ 5. C / Subscribed and swom to before me this 7 day of , 2003. aA A L 0 V11 otary Public My Commission Expires: 5- 1 -07 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED JUN 3 0 2003 OFFICIAL SEAL SHF.RI DENISE SUTTON C IT r. � IC E NOTARY PUBLIC , ARKANSAS crrvCLrAt`5oFr+CE WASHINGTON COUNTY COMMISSION EXP, 06/01/07 212 NORTH EAST AVENUE P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700 ORDINANCE NO. 4492 AN ORDINANCE TO AMEND ORDINANCE NO, 4447 CODIFIED AS §159.02 OF THE UNIFIED DEVELOPMENT ORDINANCE TO REPEAL SUBSECTION C.1 . TIME OF COLLECTION AND ENACT A NEW SUBSECTION CA TO CONFORM TO NEW STATUTORY REQUIREMENTS AND TO PROCLAIM AN p EMERGENCY. City of Fayeft Wile WHEREAS, Act 1719 of 2003 was Wendy passed by the legislature and signed nto few by Gwenlor Huckabee; and WHEREAS. Act 1719 requuas axisiblg inti fee Ordinenc0^ t0 comply with the tune Of collection prescribed! in Act 1719; and r WHEREAS, the FaystfiWile Impact Fee Ordnance for water and sewer (5159.02 of the O.D.O.) shal go Vito effect On June 18, 2003, and must be 09(telvey amended p for t0 that time to comply with state iaw and prevant t iforder. Therefore h O W tO Prevent m kW and mnfmnMa that mold endanger the peace and safety of Fayetteville atizens, this ordirlwce amerbing the Impact Fee Ordnance must go Vito effect Immediately upon its passage. NOW, THEREFORE, BE R ORDAINED BY THE CRY COUNCIL OF THE CfTy OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council Of the Cay of Fayetteville, Arkansas hereby repeals §159.02 C.1, and n j Its stead adopts and enacts the new §159,02 C.1. as stated below: 'C. Time of collection. 1. Water and wastewater Lnmct fees shall be paid at the time of Installation of the water meter serving Me property or of the connection to the wastewater system, whlchaver comas first' Section 2. That the City Council of the City of Fayettaellle, Arkansas hereby declares an emergency exists such that this Ordinance shall take effect immediately upon its atloption In order to prevent potential breaches of the peace and safety for per citizens which would result If Our impact fee ordinance was not amended prior to its effective date so es t0 mmpy with state law. Because of such emergency, this II ordnance shall be in full force and effect as soon Is it is passed by the City Council and signed by Ne Mayor. PASSED and APPROVED this the 3rd day of June, 2003. APPROVED: By: DAN COODY, Mayor ATTEST. By: Sandi Smth, City Clerk }� H f �. FAYETTEVTLLE THE CITY OF FAYETTEVIEEE, ARI(AHSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin CPE Services From: Clarice Buffalohead-Pearman City Clerk's Division Date: 6/11/2003 Re: Ordinance 4492 Attached hereto is a copy of the above ordinance repealing and amending §159.03 (C)(1 ). The original ordinance will filed in the city clerk's office, microfilmed and published in a paper of general circulation per Arkansas statutes. If anything else is needed please let the city clerk's office.know. . Icbp Attachment(s) cc: Nancy Smith, Internal Auditor tom-. N5� A &hz* d 15q.oa Cc ) (J ) STAFF REVIEW FORM - NON-FINANCIAL OBLIGATION x AGENDA REQUEST For the Fayetteville City Council meeting of June 3, 2003 FROM: Tim Conklin Planning CPE Services Name Division Department ACTION REQUIRED: To amend Chapter 159.02 (C) (1 ) "Water and Wastewater Impact Fees" (Ordinance No. 4447) to change the time of collection to installation of the water meter or connection to the wastewater system. To amend Chapter15 2 (D) ( 1 ) Schedule of Fees to ove the word "average" er th� use classification o single-family. [ K SUMMARY XPLA ATI STAFF RECOMMENDATION: Approval Staff recommends approval of the amendments to Chapter 159. Diy4; Received in Mayor's Office ton ea / ate a[�e ((( K A t 26 -63 pity—Attorney ate Cross Reference epa�l5irector Date Prev Ord/Res #: F] ante n ntema ervtces 6irector / Gate Orig. Contract Date: S v'O3 Orig. Contract No: �mstra rve icer Date icer ate New Item: Yes x No a or ate ORDINANCE NO, AN ORDINANCE TO AMEND ORDINANCE NO. 4447 CODIFIED AS §159.02 OF THE UNIFIED DEVELOPMENT ORDINANCE TO REPEAL SUBSECTION C.1, TIME OF COLLECTION AND ENACT A NEW SUBSECTION C.1 TO CONFORM TO NEW STATUTORY REQUIREMENTS AND TO PROCLAIM AN EMERGENCY WHEREAS, Act 1719 of 2003 was recently passed by the legislature and signed into law by Governor Huckabee; and WHEREAS, Act 1719 requires existing impact fee ordinances to comply with the time of collection prescribed in Act 1719; and WHEREAS, the Fayetteville Impact Fee Ordinance for water and sewer (§159.02 of the UDO) shall go into effect on June 16, 2003, and must be effectively amended prior to that time to comply with state law and prevent disorder. Therefore in order to prevent confusion and confrontation that could endanger the peace and safety of Fayetteville citizens, this ordinance amending the Impact Fee Ordinance must go into effect immediately upon its passage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals §159.02 C.1 . and in its stead adopts and enacts the new §159.02 C.1 . as stated below: "C. Time of collection. "1 . Water and wastewater impact fees shall be paid at the time of installation of the water meter serving the property or of the connection to the wastewater system, whichever comes first." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby declares an emergency exists such that this ordinance shall take effect immediately upon its adoption in order to prevent potential breaches of the peace and safety for our citizens which would result if our impact fee ordinance was not amended prior to its effective date so as to comply with state law. Because of such emergency, this ordinance shall be in full force and effect as soon is it is passed by the City Council and signed by the Mayor. PASSED and APPROVED this the 3rd day of June, 2003. APPROVED: By: DAN COODY, Mayor ATTEST: By: Sondra Smith, City Clerk FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-575$264 COMMUNITY PLANNING AND ENGINEERING SERVICES CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM : Tim Conklin, Community Planning and Engineering Services Director�C DATE: May 16, 2003 SUBJECT: Amendment to Chapter 159 Water and Wastewater Impact Fees BACKGROUND Staff is meeting weekly to setup the procedures and training for the collection of impact fees pursuant to Chapter 159 "Ordinance No. 4447' and to Act 1719 of 2003 passed by the 84`h General Assembly and signed by the Governor. Staff has identified several amendments that need to be made prior to June 16, 2003 . These amendments follow (f)(2)(b) of Act 1719 which allow impact fees to be collected ". . . in connection with and as a condition to the installation of the water meter serving the property. The proposed amendments include: • Changing the time of collection from building permit to installation of the water meter or connection to the wastewater system • Removing the word "average" in the schedule of fees for single family CURRENTSTATUS Ordinance to amend chapter 159 has been drafted for City Council approval. RECOMMENDATION Staff recommends approval of the amendments to Chapter 159. PROPOSED AMENDMENTS TO CHAPTER 159 IMPACT FEE ORDINANCE NO, 4447 C. Time of Collection Existing 1. Water and wastewater impact fees for new development shall be paid prior to the issuance of a new or larger water meter, connection to the wastewater system, or issuance of a building permit; whichever comes first. Proposed 1. Water and wastewater impact fees for new development shall be paid at the time of installation of the water meter serving the property or connection to the wastewater system bud&ngpern it; whichever comes first pursuant to Act 1719 of 2003. Rate Schedule — Remove the word "average" ORDINANCE NO. 4447 MICROFILMED AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT ORDINANCE, OF THE CODE OF FAYETTEVILLE, REGULATING COLLECTION AND DISBURSEMENT OF WATER AND WASTEWATER RvIPACT FEES WHEREAS, the protection of the health, safety, and general welfare of the citizens of the City requires that the water and wastewater systems of the City be expanded and improved to meet the demands of new development; and WHEREAS, the creation of an equitable impact fee system would enable the City to impose a proportionate share of the costs of required improvements to the water and wastewater systems on those developments that create the need; and WHEREAS,, the Impact Fee Study sets forth reasonable methodologies and analyses for determining the impacts of various types of development on the City's water and wastewater systems; and WHEREAS, the water and wastewater impact . fees described in this Ordinance are based on the Impact Fee Study, and do not exceed the costs of acquiring additional land and the costs of acquiring or constructing additional facilities or equipment required to serve the new developments that will pay the fees; and WHEREAS, the types of improvements to the water and wastewater systems considered in the Impact Fee Study will benefit all new connections to the City's water and wastewater systems, and it is therefore appropriate to treat the City's entire utility service area as a single service area for purposes of calculating, collecting, and spending the impact fees for each type of facility; and WHEREAS, there is both a rational nexus and a rough proportionality between the development impacts created by each type of new development covered by this Ordinance and the water and wastewater impact fees that such development will be required to pay; and WHEREAS, this Ordinance creates a system by which impact fees paid by new developments will be used to expand the water and wastewater systems, so 4447 that the new development that pays each fee will receive a corresponding benefit within a reasonable period of time after the fee is paid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:" Section 1. That Chapter 159, Fees, Unified Development Ordinance of the Code of Fayetteville, is hereby amended to add the following: §159.02 WATER AND WASTEWATER IMPACT FEES Applicability 1. The following provisions shall apply to all of the territory within the City's water and wastewater service areas, including areas outside the corporate city limits and within service areas located within Washington County and other incorporated cities. 2. The following types of development shall be required to pay a water and/or wastewater impact fee: a. New development seeking a new connection to the City's water or wastewater system. b. New development seeking a new connection to the system of a wholesale customer of the City's water or wastewater system, where collection of the City's impact fee is required by the City's contract with the wholesale customer. c. Residential redevelopment involving the construction of one or more additional dwelling units. d. Nonresidential redevelopment seeking a larger capacity water meter. B. Intent 1. The intent of wastewater and water impact fees is to ensure that new development bears a proportionate share of the cost of improvements to the City's water and wastewater systems; to ensure that the proportionate share does not exceed the cost of providing water and wastewater facilities to the development that paid the fee; and to ensure that funds collected from developments 2 • 4447 0 are used to construct water and wastewater facilities that serve such developments. It is further the intent of this Ordinance to use the impact fees to implement the City's 2020 General Plan and future plan updates and to implement the City's Five Year Capital Improvements Program. 2. It is not the intent of this Ordinance to collect any money from any development in excess of the actual amount necessary to offset demands generated by that development for the water and wastewater facilities for which the fee was paid. • ,..N 3. It is not the intent of this Ordinance that any monies collected for the water impact fee and the wastewater impact fee ever be commingled or ever be used for a type of facility different from that for which the fee was paid. C. Time of Collection 1. Water and wastewater impact fees for new development shall be paid prior to the issuance of a new or larger water meter, connection to the wastewater system, or issuance of a building permit; whichever comes first. 2. Development projects which have obtained building permits prior to the effective date of this ordinance shall not have to pay impact fees if the building is completed with water and sewer hook-ups installed and certificate of occupancy issued no later than six (6) months from the effective date of this ordinance. D. Fee Determination 1. Schedule of Fees. The Impact Fee Administrator shall determine the amount of the water and wastewater impact fees for residential uses based on the type or size of the dwelling unit and for nonresidential uses based on the size of the water meter using the following schedule: 3 0 4447 • Land Use Unit Water• Waste - Water Total Single -Family (average) Dwelling $308 $835 $1,143 Multi -Family (per dwelling unit) Dwelling $219 $593 $812 Nonresidential (5/8" x 3/4" meter) Meter • $308 $835 $1,143 Nonresidential (1" meter) Meter $770 $2,088 $2,858 Nonresidential (1-1/2" meter) Meter $1,540 $4,175 $5,715 Nonresidential (2" meter) Meter $2,464 $6,680 $9,144 Nonresidential (3" meter) Meter $4,928 $13,360 $18,288 Nonresidential (4" meter) Meter $7,700 $20,875 $28,575 Nonresidential (6" meter) Meter $15,400 $41,750 $57,150 Nonresidential (8" meter) Meter. $24,640 $66,800 $91,440 Nonresidential (10" meter) Meter $35,420 $96,025 $131,445 2. Redevelopment, Reconstruction, Change of Use. In the event of a redevelopment, reconstruction or change of use from an existing development or use, the fee shall be the difference between what the fee would be for the entire redevelopment or reconstruction project and what the fee would have been for the existing development or use. Enlargement of a single family home will not require any impact fee. 3. Mixed Use. If the proposed development includes a mix of the residential land uses .and/or nonresidential meter sizes that are listed in the impact fee schedule, the fee shall be determined by adding up all the water and wastewater impact fees that would be applicable for each residential land use type and/or nonresidential meter size as if it was a freestanding land use type. 4. Fire Suppression / Low Pressure. It is the intent of this ordinance to base water and wastewater impact fees on the typical usage in a new building or other facility. Extinguishing of fires is not a part of typical usage; to allow adequate fire flow to sprinklers and internal hydrants at some large and at -risk properties, it may be necessary for fire protection purposes to install a larger water meter than would be necessary to meet day-to-day needs of that facility. In addition, a larger meter may be required in areas of .low water pressure than in areas of normal water pressure for the same type of use. In those cases, it is the policy of the City that the impact fee n • •4447 • for water and wastewater should be based on the meter size needed by that facility for its typical usage, without regard to fire - flow or unusual pressure conditions. 5. Irrigation. Any separate water meter installed for irrigation purposes only shall not be included in the calculation of the wastewater impact fee. 6. Affordable Housing Exemption. a. Construction of single family housing funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals shall be exempted from payment of impact fees pursuant to this ordinance by the Impact Fee Administrator. b. A person aggrieved by the Impact Fee Administrator's refusal to grant an Affordable Housing Exemption may appeal the denial to the Planning Commission. --r. Use of Fees 1. Establishment of Accounts. An Impact Fee Fund that is distinct from the General Fund of the City is hereby created, and the impact fees received will be deposited in the following interest -bearing accounts of the Impact Fee Fund: a. Water Impact Fee Account, and b. Wastewater Impact Fee Account. 2. Water Impact Fee Accounts. The Water Impact Fee Account shall contain only those water impact fees collected pursuant to this Ordinance plus any interest which may accrue from time to time on such amounts. 3. Wastewater Impact Fee Account. The Wastewater Impact Fee Account shall contain only those wastewater impact fees collected pursuant to this Ordinance plus any interest which may accrue from time to time on such amounts. • 4447 • 4. Order of Use. Monies in each impact fee account shall be considered to be spent in the order collected, on a first-in/first-out basis. 5. Use of Fees. The monies in each impact fee account shall be used only for the following: a. To acquire land for and/or acquire . or construct water or wastewater system improvements of the type reflected in the title of the account and as described in the Impact Fee Study as well as extension of service to new development paying an impact fee. b. To pay debt service on any portion of any current or future general obligation bond issue or revenue bond issue used to finance water or wastewater system improvements of the type reflected in the title of the account that created or will create capacity'to serve new development. c. As described in subsection F, Refunds. F. Refunds 1. Any monies in the Impact Fee Fund that have not been spent or encumbered within ten (10) years after the date on which such fee was paid shall be refunded by the City to the then current owner of the land for which the fee was paid with interest since the date of payment. Interest shall be based on a five percent annual rate. 2. After an impact fee has been paid pursuant to this Ordinance, no refund of any part of such fee shall be made due to the fact that the project for which the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the number of dwelling units in the project, or the size of the water meter required. 3. At the time of payment of the water or wastewater impact fee under this Ordinance, the Impact Fee Administrator shall provide the applicant paying such fee with written notice of those circumstances under which refunds of such fees will be made. 6 S. 4447 • Failure to deliver such written notice shall not invalidate any collection of any impact fee under this Ordinance. Section 2. That Chapter 151, Definitions, Unified Development Ordinance of the Code of Fayetteville, is hereby amended by inserting Exhibit "A" attached hereto and made a part hereof. Section 3. Effective Date. This Ordinance shall become effective beginning 180 days after the date and passage of approval. PASSED and APPROVED this the 17th day of December, 2002. APPROVED: ATTEST: 7 ' 4447 • EXHIBIT "A" To be inserted at Chapter 151: Definitions, Unified Development Ordinance: Connection. (Water and Wastewater Impact Fees) The physical tie-in of a private water or wastewater service system to the City of Fayetteville's public water or wastewater system. Impact Fee Administrator. (Water and Wastewater Impact Fees) The City Planner or his designee. New Development (Water and Wastewater Impact Fees) Construction of a new single family home and the construction or expansion of any other building or structure. The change in use of a building or structure that results in increased demand from water and wastewater facilities shall also be considered new development. Wastewater System Improvements. (Water and Wastewater Impact Fees) Capacity -enhancing improvements to the facilities for the transmission, treatment, reclamation and disposal of wastewater. Lift stations, force mains and gravity mains or excluded from the definition of wastewater system improvements. Water System Improvements. (Water and Wastewater Impact Fees) Capacity - enhancing improvements to the facilities for the supply, storage, transmission and distribution of potable. water, excluding water lines less than eight inches in diameter and other lines that are the minimum size needed to serve an individual development project.