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HomeMy WebLinkAboutOrdinance 4788 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 impact fees that such development will be required to pay; and WHEREAS, this Ordinance creates a system by which Police and Public Safety System impact fees paid by new developments will be used so 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 the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 159 of the Unified Development Code by enacting § 159.03 Police and Public Safety System Impact Fees as shown on Exhibit A attached hereto. PASSED and APPROVED this 151 day of November, 2005. NOW, K/ 111 RS ,•G�SY •� c • G� APPROVED• ; FAYETTEVILLE ; :> 3 By: Z / 9�•.R g �: DAN COOD , Mayor 9KANPJ�,'` ATTEL)ov.d,�,.v '' i IfftT00�``�• " uuwBy: M^ i SONDRA SMITH, City Clerk 0 EXHIBIT "A" • 159.03 Police and Public Safety System 5) This police and public safety system Impact Fees impact fee is based upon previous and current City Five Year Capital Improvement Project (A) Applicability documents approved annually by City Council Resolution and level of service standards (1 ) The following provisions shall apply adopted within the Police Impact Fee Study of to all of the territory within the City's corporate June 2004 and elsewhere by the City Council. city limits, and any area near the corporate limits Pages 27 through 32 of the Impact Fee Study are if specifically agreed by the owner. incorporated herein and attached as Exhibit I to explain the methodology and formulas for the (2) The following types of development Police and Public Safety System Impact Fees, shall be required to pay a Police and Public the levels of services and increases in capacity Safety System Impact Fee: needed for the Police and Public Safety System. (a) New development within one of (6) It is not the intent of this section the categories of development in Table A. that any monies collected for the police and public safety system impact fee ever be (b) Redevelopment involving the commingled or ever be used for a type of facility construction of ' one or more additional units different from that for which the fee was paid. within one of the categories of development in No impact fee revenue may be used for Table A. operational expenses. (B) Intent (C) Time of Collection ( I) The intent of the Police and Public This impact fee shall be paid to the City Safety System Impact Fee is to offset costs to the by the owner of the property before a certificate City of Fayetteville taxpayers that are reasonably of occupancy is issued for the new development attributable to providing necessary police and or at the closing on the property by the public safety facilities to new development. purchasing owner. (2) This impact fee charged to new (D) Fee Determination development is to generate revenue for funding or recouping expenditures of the City of ( 1 ) Police and Public Safety System Fayetteville that are reasonably attributable to Impact Fee Table. the use and occupancy of the new development. The Impact Fee Administrator shall (3) This impact fee is to be collected determine the correct amount of the Police and and expended only for the planning, design or Public Safety System Impact Fee by use of Table construction of new police and public safety A and information about the type and size of the system facilities or of capital improvements to new development. existing police and public safety system public facilities that expand their capacity or for the recoupment of prior capital improvements to such public facilities that created capacity available to serve new development. (4) The intent of this impact fee requirement is to ensure that new development bears a proportionate share of a the costs of capacity improvements to the police and public safety system facilities, but also to ensure that this proportional share does not exceed the costs of the demand for additional capacity in public facilities that is reasonably attributable to providing these facilities to the use and occupancy of that new development. • EXHIBIT "A" • TABLE A occupied, single family residences to low income individuals shall be exempted from payment of POLICE AND PUBLIC SAFETY SYSTEM impact fees pursuant to this ordinance by the IMPACT FEES Impact Fee Administrator. Impact (b) Appeal. A person aggrieved by the Land Use Unit Fee Impact Fee Administrator's refusal to grant an Single-Family Dwelling $223 Affordable Housing Exemption may appeal the Detached denial to the Planning Commission. Multi-Family Dwelling $ 162 Mobile Home Pad $239 (E) Use of Fees. Park HoteUMotel Room $428 li) Establishment ofAFee Fund t A Police and Public Safety Impact Fee Fund that is distinct Retail/Commercial 1000 sq. ft. $605 from the General Fund of the City is hereby created, and the impact fees received will be Office/lnstitutional 1000 sq. ft. $388 deposited in this Police and Public Safety Impact Fee Account. Nursing Home 1000 sq. ft. $ 167 (2) Impact Fee Account. The Police and Church 1000 sq. ft. $ 136 Public Safety Impact Fee Account shall contain Industrial 1000 sq. ft. $244 only those Police and Public Safety impact fees collected pursuant to this Ordinance plus any Warehouse 1000 sq. ft. $ 155 interest which may accrue from time to time on such accounts. Mini-Warehouse 1000 sq. ft. $ 29 (F) Order of Use. Monies in the Police and Public Safety impact fee account shall be (2) Redevelopment, Reconstruction, considered to be spent in the order collected, on Change of Use. In the event of a redevelopment, a first-in/first-out basis. reconstruction or change of use from an existing development or use, the fee shall be the (G) Use of Fees. The funds in the Police and difference between what the fee would be for the Public Safety Impact Fee account shall be used entire redevelopment or reconstruction project only for the following: and what the fee would have been for the existing development or use. Enlargement of a ( 1 ) The use of the Police and Public single family home will not require any impact Safety System Impact Fees shall be to offset fee. costs to the City of Fayetteville taxpayers that are reasonably attributable to providing (3) Mixed Use. If the proposed development necessary police and public safety facilities to includes a mix of the residential, commercial, new development. industrial or other uses listed in the impact fee schedule, the fee shall be determined by adding (2) This impact fee charged to new up all the police and public safety impact fees development shall generate revenue for funding that would be applicable for each use type as if it or recouping expenditures of the City of was a freestanding land use type. Fayetteville that are reasonably attributable to the use and occupancy of the new development. (4) Affordable Housing Exemption. (3) This impact fee shall be collected (a) Single family housing. Construction and expended only for the planning, design or of single family housing funded wholly or construction of new police and public safety primarily by federal Community Development system facilities or of capital improvements to Block Grants, non-profit service organizations existing police and public safety system public such as Habitat for Humanity, Housing and facilities that expand their capacity or for the Urban Development housing loans and similar recoupment of prior capital improvements to programs designed to provide affordable, owner- such public facilities that created capacity EXHIBIT "A" 40 available to serve new development. (4) The refund shall be made on a pro rata basis, and shall be paid in full no later than (4) No monies collected for the Police ninety (90) days after the date certain upon and Public Safety System Impact Fee shall ever which the refund becomes due. be commingled or ever be used for a type of facility different from that for which the fee was (5) At the time of payment of the paid. Police and Public Safety Impact Fee under this Ordinance, the Police and Public Safety Impact (5) No impact fee revenue shall be used Fee Administrator shall provide the applicant for operational expenses. paying such fee with written notice of those circumstances under which refunds of such fees (6) All Police and Public Safety Impact will be made. Failure to deliver such written Fee revenues shall be spent in accordance with notice shall not invalidate any collection of any subsection (B) Intent. impact fee under this ordinance. (H) Refunds. (1) The City of Fayetteville shall refund the portion of collected development impact fees, including the accrued interest that has not been expended seven (7) years from the date the fees were paid. Interest shall be based on a four percent (4%) annual rate. (2) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (3) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice. - + ergoALDE MAN AGENDA REQUEST ARM // / 'r 1 '05 FOR: COUNCIL MEETING OF /0 // 8 )057 FROM: ALDERMAN LIONELD JORDAN and ALDERMAN DON MARK ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Title XV Unified Development Code Of Fayetteville, Chapter 159. Fees By Enacting §159.03 Police And Public Safety System Impact Fees Of The Unified Development Code APP OVED FOR AGENDA: DJC JIONIELD AN ate an 9 - X N MAR Date Tdennan -.� 1 - (3 - 0/ ft Williams i Date City Attorney (as to form) ! D N c ORDINANCE NO. AN ORDINANCE TO AMEND TITLE XV UNIFIED DEVELOPMENT CODE OF FAYETTEVILLE, CHAPTER 159. FEES BY ENACTING §159.03 POLICE AND PUBLIC SAFETY SYSTEM IMPACT FEES OF THE UNIFIED DEVELOPMENT CODE WHEREAS, the protection of the health, safety, and general welfare of the citizens of Fayetteville require that the Fayetteville Police and Public Safety System as a Public Facility of the City be expanded and improved to meet the demands of new development; and WHEREAS, the creation of an equitable development impact fee system would enable the City to generate revenue for funding or for recouping the costs of required Police and Public Safety System capacity improvements that those developments create; and WHEREAS the City has comprehensively studied the future needs of its citizens and what the City needs to do to meet those needs and adopted a Comprehensive General Plan, the 2020 Plan. The City also annually updates its Capital Improvement Projects list of future necessary capital improvements for all city services including police and public safety; and WHEREAS, the City commissioned an in-depth Police and Public Safety Impact Fee Study designed to study future police and public safety capital needs, and the fair and equitable proportion of those capacity improvement needs that new development should pay. This Impact Fee Study was completed in June, 2004, and later adopted by the City Council; and WHEREAS, the Police and Public Safety System Impact Fee Study sets forth reasonable methodologies and analyses for determining the impacts of various types of development on the City's need for additional police and public safety department capacity and facilities; and WHEREAS, the Police and Public System Impact Fees described in this Ordinance are based on the Impact Fee Study, and are designated to generate revenue for funding or for recouping expenditures by the City of Fayetteville that are reasonably attributable to the use and occupancy of the new developments that will pay the fees; and WHEREAS, the Police and Public Safety System Facilities constitute an interrelated system that provides service throughout Fayetteville, and it is therefore appropriate and proper to treat the entire city as a single service area; 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 impact fees that such development will be required to pay; and WHEREAS, this Ordinance creates a system by which Police and Public Safety System impact fees paid by new developments will be used so 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 the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 159 of the Unified Development Code by enacting §159.03 Police and Public Safety System Impact Fees as shown on Exhibit A attached hereto. PASSED and APPROVED this 20° day of September, 2005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" 159.03 Police and Public Safety System 5) This police and public safety system Impact Fees impact fee is based upon previous and current City Five Year Capital Improvement Project (A) Applicability documents approved annually by City Council Resolution and level of service standards ( 1) The following provisions shall apply adopted within the Police Impact Fee Study of to all of the territory within the City's corporate June 2004 and elsewhere by the City Council. city limits, and any area near the corporate limits Pages 27 through 32 of the Impact Fee Study are if specifically agreed by the owner. incorporated herein and attached as Exhibit I to explain the methodology and formulas for the (2) The following types of development Police and Public Safety System Impact Fees, shall be required to pay a Police and Public the levels of services and increases in capacity Safety System Impact Fee: needed for the Police and Public Safety System. (a) New development within one of (6) It is not the intent of this section the categories of development in Table A. that any monies collected for the police and public safety system impact fee ever be (b) Redevelopment involving the commingled or ever be used for a type of facility construction of one or more additional units different from that for which the fee was paid. within one of the categories of development in No impact fee revenue may be used for Table A. operational expenses. (B) Intent (C) Time of Collection (1) The intent of the Police and Public This impact fee shall be paid to the City Safety System Impact Fee is to offset costs to the by the owner of the property before a certificate City of Fayetteville taxpayers that are reasonably of occupancy is issued for the new development attributable to providing necessary police and or at the closing on the property by the public safety facilities to new development. purchasing owner. (2) This impact fee charged to new (D) Fee Determination development is to generate revenue for funding or recouping expenditures of the City of Fayetteville that are reasonably attributable to ( 1 ) Police and Public Safety System Y Y Impact Fee Table. the use and occupancy of the new development. The Impact Fee Administrator shall (3) This impact fee is to be collected determine the correct amount of the Police and and expended only for the planning, design or Public Safety System Impact Fee by use of Table construction of new police and public safety A and information about the type and size of the system facilities or of capital improvements to new development. existing police and public safety system public facilities that expand their capacity or for the recoupment of prior capital improvements to such public facilities that created capacity available to serve new development. (4) The intent of this impact fee requirement is to ensure that new development bears a proportionate share of a the costs of capacity improvements to the police and public safety system facilities, but also to ensure that this proportional share does not exceed the costs of the demand for additional capacity in public facilities that is reasonably attributable to providing these facilities to the use and occupancy of that new development. EXHIBIT "A" programs designed to provide affordable, owner- TABLE A occupied, single family residences to low income individuals shall be exempted from payment of POLICE AND PUBLIC SAFETY SYSTEM impact fees pursuant to this ordinance by the IMPACT FEES Impact Fee Administrator. Impact (b) Appeal. A person aggrieved by the Land Use Unit Fee Impact Fee Administrator's refusal to grant an Single-Family Dwelling $223 Affordable Housing Exemption may appeal the Detached I denial to the Planning Commission. Multi-Family Dwelling $ 162 Mobile Home Pad $239 (E) Use of Fees. Park (1) Establishment of Accounts. A Police and Hotel/Motel Room $428 Public Safety Impact Fee Fund that is distinct Retail/Commercial 1000 sq. ft. $605 from the General Fund of the City is hereby created, and the impact fees received will be Office/Institutional 1000 sq. ft. $388 deposited in this Police and Public Safety Impact Fee Account. Nursing Home 1000 sq. ft. $ 167 (2) Impact Fee Account. The Police and Church 1000 sq. ft. $ 136 Public Safety Impact Fee Account shall contain only those Police and Public Safety impact fees Industrial 1000 sq. ft. $244 collected pursuant to this Ordinance plus any Warehouse 1000 sq. ft. $ 155 interest which may accrue from time to time on such accounts. Mini-Warehouse 1000 sq. ft. $ 29 (F) Order of Use. Monies in the Police and Public Safety impact fee account shall be (2) Redevelopment, Reconstruction, considered to be spent in the order collected, on Change of Use. In the event of a redevelopment, a first-in/first-out basis. reconstruction or change of use from an existing development or use, the fee shall be the (G) Use of Fees. The funds in the Police and difference between what the fee would be for the Public Safety Impact Fee account shall be used entire redevelopment or reconstruction project only for the following: and what the fee would have been for the existing development or use. Enlargement of a (1) The use of the Police and Public single family home will not require any impact Safety System Impact Fees shall be to offset fee. costs to the City of Fayetteville taxpayers that are reasonably attributable to providing (3) Mixed Use. If the proposed development necessary police and public safety facilities to includes a mix of the residential, commercial, new development. industrial or other uses listed in the impact fee schedule, the fee shall be determined by adding (2) This impact fee charged to new up all the police and public safety impact fees development shall generate revenue for funding that would be applicable for each use type as if it or recouping expenditures of the City of was a freestanding land use type. Fayetteville that are reasonably attributable to the use and occupancy of the new development. (4) Affordable Housing Exemption. (3) This impact fee shall be collected (a) Single family housing. Construction and expended only for the planning, design or of single family housing funded wholly or construction of new police and public safety primarily by federal Community Development system facilities or of capital improvements to Block Grants, non-profit service organizations existing police and public safety system public such as Habitat for Humanity, Housing and facilities that expand their capacity or for the Urban Development housing loans and similar recoupment of prior capital improvements to EXHIBIT "A" such public facilities that created capacity (4) The refund shall be made on a pro available to serve new development, rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon (4) No monies collected for the Police which the refund becomes due. and Public Safety System Impact Fee shall ever be commingled or ever be used for a type of (5) At the time of payment of the facility different from that for which the fee was Police and Public Safety Impact Fee under this paid. Ordinance, the Police and Public Safety Impact Fee Administrator shall provide the applicant (5) No impact fee revenue shall be used paying such fee with written notice of those for operational expenses. circumstances under which refunds of such fees will be made. Failure to deliver such written (6) All Police and Public Safety Impact notice shall not invalidate any collection of any Fee revenues shall be spent in accordance with impact fee under this ordinance. subsection (B) Intent. (H) Refunds. (1 ) The City of Fayetteville shall refund the portion of collected development impact fees, including the accrued interest that has not been expended seven (7) years from the date the fees were paid. Interest shall be based on a four percent (4%) annual rate. (2) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (3) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice. EXHIBIT POLICE The Fayetteville Police Department consists of over 150 sworn and civilian members_ The department operates programs such as School Resource Officers, Crime Prevention and Neighborhood Policing. Officers in the department work a number of different patrols using automobiles, motorcycles and bicycles. The department's K-9 Division is comprised of three K-9 teams, whish are assign ed.to patrol shifts and assist in the normal day-to-day patrol operations. The Fayetteville City )ail is planned to be closed, and will not be included in the police impact fee calculations. Service Area Fayetteville's police facilities constitute an interrelated system that provides service throughout the City's jurisdiction. Consequently, the entire city is appropriately defined as a single service area. Service Unit As with the fire impact fees, the service unit for the police impact fees will be "functional population" as described in Appendix B. Itis reasonable to assume that the demand for police facilities is at least roughly proportional to the presence of people at the site of a land use. Itis also reasonable to recognize that residential and nonresidential land uses may place somewhat different demands on police facilities. Different police protection costswill be developed for residential and nonresidential development based on calls-for-service- In 2003, the Fayetteville Police Department received a total . of 48,100 calls-for-service (excluding road-related calls). Table 34 below shows the distribution of calls-for-service by land use type for 2003. Table 34 POLICE CALLS-FOR-SERVICE, 2003 Land Use Calls . Percent Residential 19,608 40.8%- . Nonresidential 28,502 59.2% Total 48110 100.0% Source: Fayetteville Police Department. May 2004 texcluding mad elated calls)- Cost per Service Unit Police impact fees are designed to charge new development the cost of providing the same level of. service that is provided to existing: development. The existing level - of service for police protection facilities is based on the replacement cost of existing facilities. Table 35 -below shows the total replacement cost for each of the Police Departments main facilities. The replacement cost for all existing facilities is $7,945,686. duneanassociates - Fayetteville\Impact Fee Study: Roads , Fire & Po/ice - June 22,2004, Page 27 ' Table 35 POLICE FACILITY REPLACEMENT COSTS Building . Building Land Total Facility Address S . Ft. Acres . Cost Cost Cost Police/Courts Bldg 100 W. Rock St. 24,855 1.5 $4,971,000 $109, 157 $5,080, 157 Animal Sheher/Kennel 1640 Armstrong Rd, 1068 2.5 $2,393,600 $181,929 $2,575,529 Warehouse 1651 S. Happy Hollow n/a n/a $100,000 n/a $100000 Mt. Robinson Tower Edwards Rd. - n/a n/a $100,000 n/a $100,000 Generator Bldg, 140 W. Rock St. n/a n/a . $90,000 n/a $90,000 Total 36,823 4.0 $7,654,600 $291,086 $7,945,686 Source- Facility names, square feet, acres and replacement cost of $200 per square toot f rom City of Fayetteville Police Department. March 5 and-lune 22, 2060 memoranda: replacement costs for facilities without square feet from City inswedvalues listing, October 22, 2003: land costs based on cost per acre for most recent fire station from Table 25. In addition to the main police facilities, .other capital equipment required to prsvide police protection services include patrol cars, office equipment and communications , equipment. The replacement value of existing capital » - ' equipment is estimated based on original .purchase price From _ the Department's fixed asset listing. Table 36 summarizes all of the Police Department's current facilities and capital equipment. The total replacement cost for all police protection facilities and equipment is estimated to . be about. 113-1 million. - Table 36 POLICE FACILITY AND EQUIPMENT REPLACEMENT COST Cost Component Units Total Cost Police Facility Replacement Cost n/a -$7,945,686 Patrol Cars .43 :$1,909,630 Telecommunications Facilities 10 $2,284,880 Computer Equipment 11 $439, 102 - Mach Equipment 11 ' $238,377 Mise. Vehicles" 2 $75,599 Storage 1 $63,103 Office Equipment - 4 $42,862 Generators 1 $29281 Detectors 1 $10,500 Furniture and Fixtures 1 $7,122 Lab Equipment - 1 .$6,487 . . Other 1 $8,071 Total Re lacement Cost $13,060700 - - Source. Police facility replacement cost from Table 35: equipment, number . of units and total cost from the Fayetteville Police Department. March 5. 2004 and June 15. 2004 memoranda. dune an ' associates Fayetteville\Impact Fee Study. Roads , Fire Er Po/ice June 22, 2004, Page 28 Similar to the fire protection impact Yee, the law enforcement impact fee is based on the replacement value of existing capital facilities, the distribution of'calls-forscrvice between. residential and nonresidential developriment, and the existing functional population associated with residential and nonresidential development. The cost to provide the same level of service to new residential development is $183 per functional population, and the cost to provide the same level of service to new nonresidential development is $179 per functional population, as shown in Table 37. Table 37 POLICE REPLACEMENT COST PER SERVICE UNIT Police Facility and Equipment Replacement Cost $13,060,700 $13,060,700 Proportionate Share of Replacement Cost $5,328,766 $7,731,934 ..-•- v,.w tcpe.c ncnt .0 i i vnt i Bute [r; percent age'ol Calls -ter -service for residential and nonresidential from Table 24; residential and nonresidential functional population from Table 48. Net Cost Per Service Unit In the calculation of the impact of new development on infrastructure costs, credit should be given for • non -local funding that will be generated by new development and used to pay for capacity -related capital improvements. Credit should also be provided for taxes that will be paid by new development and used to retire outstanding debt for past police protection facility improvements. The City has no outstanding debt`for police facilities. Consequently, credit against police impact fees is only due for grant funding. - <ii The City receives some capital grants for police equipment. Over the last five years, the Police Department anticipates receiving $208,249 in capital -related grants, as summarized in Table 38. t Table 38 POLICE CAPITAL -RELATED GRANT FUNDING; FY 1999 - 2004 vtnna Total Mobile Data\RF backbone\Laptops $61,890 Laptop Computers $36,058 In -car Video $31,235 Tasers and In -Car Video $30,141 Bullet Proof Vest $48,925 Total $208,249 eource: Utry of Fayetteville Police Department, May 2004. Assuming that the anticipated grant funding over the five-year period for police capital improvements will continue to increase proportional to the amount of development in Fayetteville, the City will receive the present value equivalent of about $7 per functional population over the 20 -year life of most capital improvements, and shown in Table 39. - dunean l associates Fayetteville\/mpact Fee Study: Roads - Fire & Po/ice tt t.,o » • onnw-o:..:_ ,..,. Table 39 POLICE GRANT FUNDING CREDIT PER SERVICE UNIT Police Grant Funding, FY 1999-2000.-.2003/2004.. $41,650 Total Functional Population - •72,315 Annual Grant Funding Credit per Functional Population . $0.58 Net Present Value Factor (20 years -at 4.96%). 12.50 Grant Funding Credit per Functional Population $7.25 Source: Annual grant funding is one -filth of fiveyear grant funding from Table 38; total lunclional population from Table 48; discount rate for present value factor is average interest rate on 20 -yea, AAA municipal bonds as of May 31, 2004 according to bloomberg.com, Irnsbonds.com, and bondsonline.com Deducting the credits for grants from the capital cost yields.the net cost per functional. population of residential and nonresidential development, as summarized in Table 40. Table 40- , POLICE NET COST PER SERVICE UNIT. Residential Nonresidential Police Capital Cost per Functional Population $182.87 $179.08 PoliceGrant Funding Credit per Functional Population $7.25 $7.25 Police Net Cost per Functional Population $175.62 $171.83 „`•. ---. vvvw N,r,mullur r. rrunr r dupe sr; grant credit from Table 29. l fl Potential Fees The maximum police impact fees that may'bechaiged by the City of Fayetteville based on the data, assumptions and methodology used in this'report are presented in the net cost schedule in Table 41 below. Func. Pop./ Net Cost/ Net Cost/ Land Use Unit Unit Func. Pop. Unit Single -Fatuity Detached Dwelling 127 $175.62 $223 Multi -Family Dwelling 0.92 $175.62 $162. Mobile Home Park Pad 1.36 $175.62 $239 Hotel/Motel Room 2.49 $171.83 $428 Retail/Commercial 1000 sq. ft. 3.52 $171.83 $605 Offtce/Iristitutionaf 1000 sq. ft. 2.26 $171.83 $388 Nursing Home 1000 sq. ft. 0.97 $171.83 $167 Church 1000 sq. ft. 0.79 $171.83 $136 Industrial 1000 sq. ft. 1.42 $171.83 $244 Warehouse 1000 .sq. ft. . 0.90 $171.83 $155 Mini -Warehouse 1000 sq. ft. 0.17 $171.83 Source: Functional population per unit from Tables 46 and 47; net costs per functional population horn Table 40. Table 42 shows that if adopted at the maximum level, the police impact fees could generate $463,000 annually, based on recent building trends. Table 42 POTENTIAL POLICE IMPACT FEE REVENUE Annual New Func. Pop./ Annual New Net Cost/ Annual Single -Family Detached 347 1.27 441 $175.62 $77,000 Mufti-Family691 0.92 636. ttic - tt» nnn Subtotal, Residential 1,038 1,077 Source: Annual new units is average number of units permitted by the City from Table 6; residential functional population/unit from Table 46; annual new nonresidential total functional population estimated by multiplying new residential functional population by the ratio of total residential functional population to total nonresidential functional population from Table 48 to total nonresidential functional population from Table 48; net cost per functional population from Table 40. dunean I associates The City's Capital Improvements Plan includes a list of unfunded police projects that are needed over the next five years, as shown in Table 43. Additional analysis will be required to determine, the portion of the $15.8 million joint public safety command center that is eligible for police impact fee funding. First, it will be necessary to determine the share of overall project cost that is attributable to. police facilities. Second, it will be necessary to determine the extent to which the police facilities increase the capacity to provide service to new develojinieni .rather than simply replace existing facilities. Even using a conservative assumption, however, it is clear that there are sufficient unfunded capital needs for the anticipated police impact fee revenues. Table 43 POLICE CAPITAL IMPROVEMENT NEEDS, 2004-2008 Unfunded Improvements Cost Estimate 18 Crown Interceptors )expansion, not replacement) $525,000 Jail Video Arraignment Equipment $28,000 Communications Recorder, Expansion $20,000 Automatic Vehicle Location System $128,000 Joint Public Safety Command Center $2,000,000 Total Eligible Unfunded Needs, 2004-2008 $2,701,000 Annual Eligible Unfunded Needs 7nftd-2lr1R tarn onn • estimated portion of project that would be eligible. additional analysis required to determine eligible amount . Source: Unfunded needs from City of. Fayetteville, 2004-2008 Capital Improvements Program. December 2003. duncan FAYETTEVIPLE NI THE CITY OF FAYETTEVILLE, ARKANSAS 6.oJ, ,t- �'• KIT WILLIAMS, CITY ATTORNEY ���,'V`7 �, / ® DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attorney DATE: October 11, 2005 RE: Police and Fire Impact Fees LEGAL DEPARTMENT The Arkansas Attorney General has opined that impact fees are not taxes, and thus no vote of the citizens is needed to pass such impact fees. I understand the rationale and reasoning of the Attorney General and will argue that to a Court if Fayetteville was ever sued. The Attorney General may very well be correct that no citizen vote is needed to pass Fire, Police and Road Impact Fees. The last time Fayetteville was on the losing end of an illegal exaction case was when we settled in late 2000 (right before I became City Attorney) in the property tax rollback case. The County had, years earlier, been informed by state officials that we were complying with the law. The Courts determined otherwise and our police and fire pension funds paid over $100,000.00 in attorney's fees for their combined one mill. The School Districts and County obviously paid attorney's fees that totaled in the millions. The state officials paid nothing. Even if there is only a slight risk that the Courts could determine fire, police or road impact fees could be "taxes", I believe it is more prudent to refer those ordinances for a public vote of ratification. POLICE The Fayetteville Police Department consists of over 150 sworn and civilian members. The department operates programs such as School Resource Officers, Crime Prevention and Neighborhood Policing. Officers in the department work a number of different patrols using automobiles, motorcycles and bicycles. The department's K-9 Division is comprised of three K-9 teams, which are assigned.to patrol shifts and assist in the normal day-to-day patrol operations. The Fayetteville City Jail is planned to be closed, and will not be included in the police impact fee calculations. Service Area Fayetteville's police facilities constitute an interrelated system that provides service throughout the City's jurisdiction. Consequently, the entire city is appropriately defined as a single service area. Service Unit As with the fire impact fees, the service unit for the police impact fees will be "functional population" as described in Appendix B. his reasonable to assume that the demand for police facilities is at least roughly proportional to the presence of people at the site of a "land use. It is also reasonable to recognize that residential and nonresidential land uses may place somewhat different demands on police facilities. Different police protection costs will be developed for residential and "nonresidential development based on calls -for -service. In 2003, the Fayetteville Police Department received a total of 48,100 calls -for -service (excluding road -related calls). Table 34 below shows the distribution of calls -for -service by land use type for 2003_ Table 34 POLICE CALLS -FOR -SERVICE, 2003 Land Use Calls Percent Residential 19,608 40.8% Nonresidential 28,502 59.2%, Total 48110. 100.0% Source: Fayetteville Police Deportment, May 2004 (excluding load+elated calls). Cost per Service Unit Police impact fees are designed to charge new development the cost of providing the same level of service that is provided to existing. development. The existing level of service for police protection facilities is based on the replacement cost of existing facilities. Table 35 below shows the total replacement cost for each of the Police Departments main facilities. The replacement cost for all existing facilities is $7,945,686. dunean I associates Fayetteville\impact Fee Study: Roads, Fire Li Po/ice June 22, 2004, Page 27 Table 35 POLICE FACILITY REPLACEMENT COSTS Building Building Land Total Facility Address Sq. Ft. Acres . Cost Cost Cost Police/Courts Bldg 100 W. Rock St. 24,855 1.5 $4,971,000 $109,157 $5,080,157 Animal Shelter/Kennel 1640 Armstrong Rd. 11,968 2.5 $2,393,600 $181,929 $2,575,529 Warehouse 1651 S. Happy Hollow n/a n/a $100,000 n/a $100,000 Mt. Robinson Tower Edwards Rd. n/a n/a $100,000 n/a $100,000 Generator Bldg. 140 W. Rock St. n/a n& ton nnn _,_ ....,. ..,.:. Source: Facility names, square feet, acres and replacement cost of $200 per square foot from City of Fayetteville Police Department. March 5 andJune 22.2004 memoranda; replacement costs for facilities without square feet from City insured values listing, October 22, 2003: land costs based on cost per acre for most recent fire station from Table 25. In addition to the main police facilities, other capital equipment required to provide police protection services include patrol cars, office equipment and communications equipment. The replacement value of existing capital 7 equipment is estimated based on original. purchase price from v c the Department's fixed asset listing. Table 36 summarizes all of the Police Department's current facilities and capital equipment. The total replacement cost for all police protection facilities and equipment is estimated to _ be about. $13.1 million. . Table 36 POLICE FACILITY AND EQUIPMENT REPLACEMENT COST Police Facility Replacement Cost n/a $7,945,686 Patrol Cars 43 $1,909,630 Telecommunications Facilities 10 $2,284,880 Computer Equipment 11 $439,102 Mach Equipment 11 $238,377 Misc. Vehicles 2 $75,599 Storage 1 $63,103 Office Equipment 4 $42,862 Generators 1 $29,281 Detectors 1 $10,500 Furniture and Fixtures 1 $7,122 Lab Equipment 1 $6 4117 Source: Police facility replacement cost Irom Table 35; equipment, number of units and total cost from the Fayetteville Police Department. March 5. 2004 and June 15. 2004 memoranda. duncan Similar to the fire protection impact fee, the law enforcement impact fee is based on the replacement value of existing capital facilities, the distribution of calls -for -service between residential and nonresidential development, and the existing functional population associated with residential and nonresidential development. The cost to provide the same level of service to new residential development is $183 per functional population, and the cost to provide the same level of service to new nonresidential development is $179 per functional population, as shown in Table 37. Table 37 POLICE REPLACEMENT COST PER SERVICE UNIT Police Facility and Equipment Replacement Cost $13,060,700 $13,060,700 Proportionate Share of Replacement Cost $5,328,766 $7,731,934 Source: Police replacement cost 6om Table 27; percentage of calls -for -service for residential and nonresidential from Table 24; residential and nonresidential functional population from Table 48. Net Cost Per Service Unit In the calculation of the impact of new development on infrastructure costs, credit should be given for .; non-localfundingthat will begenerated by new development and used topay ficircapacity-related capital -. improvements. Credit should also be provided for taxes that will be paid by new development and used to retire outstanding debt for past police protection facility improvements. The City has no outstanding debt for police facilities. Consequently, credit against police impact fees is only due for grant funding. li The City receives some capital grants for police equipment. Over the last five years, the Police Department anticipates receiving $208,249 in capital -related grants, as summarized in Table 38. - - -st Table 38 POLICE CAPITAL -RELATED GRANT FUNDING; FY 1999 - 2004 Grant Total Mobile Data\RF backbone\Laptops $61,890 Laptop Computers $36,058 In -car Video $31,235 Tasers and In -Car Video $30,141 Bullet Proof Vest $48,925 Source: City of Fayetteville Police Department, May 2004. Assuming that the anticipated grant funding over the five-year period for police capital improvements will continue to increase proportional to the amount of development in Fayetteville, the City will receive the present value equivalent of about $7 per functional population over the 20 -year fife of most capital improvements, and shown in Table 39. associates Table 39 POLICE GRANT FUNDING CREDIT PER SERVICE UNIT Police Grant Funding, FY 1999-2000.- 20032004 $41,650 Total Functional Population •72,315 Annual Grant Funding Credit per Functional Population $0.58 Net Present Value Factor 170 unnrc nt A ocuct Source: Annual grant funding is one -filth of five=year grant funding from Table 38; total functional population from Table 48; discount rate for present value factor is average interest rate on 20 -year AAA municipal bonds as of May 31. 2004 according io bloomberg.com. Imsbonds.com. and bondsonline.com. Deducting the credits for grants from the capital cost yields the net cost per functional population of residential and nonresidential development, as summarized in Table 40. Table 40-. POLICE NET COST PER SERVICE UNIT Residential Nonresidential Police Capital Cost per Functional Population $182.87 $179.08 Police Grant Funding Credit per Functional Population $725 - $7.25 Police Net Cost per Functional Population $175.62 $171.83 V�1> wl iunaruner population from I able 37: grant credit from Table 29. duncan I associates Potential Fees The maximum police impact fees that may be charged by the City of Fayetteville based on the data, assumptions and methodology used in this'report are presented in the net cost schedule in Table 41 below. Tabta=41 . . POLICE NET COST-SGH€Dlfl ; . Func. Pop./ Net Cost/ Net Cost/ Land Use Unit - Unit Func. Pop. Unit Single -Family Detached bwelling - 1.27 $175.62 $223 Multi -Family Dwelling 0.92 $175.62 $162. Mobile Home Park M Pad 1.36 $1757.62 - $239 Hotel/Motel Room 2.49 $171.83 $428 Retail/Commercial 1000 sq. ft. . 3.52 $171.83 $605 Office/Institutional 1000 sq. ft. 2.26 $171.83 $388 Nursing Home 1000 sq. ft. 0.97 $171.83 $167 Church 1000 sq. ft. 0.79 $171.83 $136 Industrial 1000 sq. ft. 1.42 $171.83 $244 Warehouse 1000 sq. ft. . 0.90 $171.83 $155 Mini -Warehouse 1000 sq. ft. 0.17 . $171.83 $29 Source: Functional population per unit from Tables 46 and 47: net costs per functional population from Table 40. Table 42 shows that if adopted at the maximum level, the police impact fees could generate $463,000 annually, based on recent building trends. Single -Family Detached Subtotal, Residential Table 42 POTENTIAL POLICE IMPACT FEE REVENUE Annual New Func. Pop./ Annual New 1 347 1.27 441 636 1,077 Net Cost/ Func. Pop $175.62 Annual $77 Source: Annual new units is average number of units permitted by the City from Table 6; residential functional populatiordunit from Table 46: annual new nonresidential total functional population estimated by multiplying new residential functional population by the ratio of total residential functional population to total nonresidential functional population from Table 48 to total nonresidential functional population from Table 48; net cost per lunctional population from Table 40. dunean I associates The City's Capital Improvements Plan includes a list of unfunded police projects that are needed over the next five years, as shown in Table 43. Additional analysis will be required to determine the portion of the $15-8 million joint public safety command center that is eligible for police impact fee funding. First, it will be necessary to determine the share of, overall Project cost that is attributable to. police facilities. Second, it will be necessary to determine the extent to which the police facilities increase the capacity to provide service to new development,• rather than simply replace existing facilities. Even using a conservative assumption, however, it is clear that there are sufficient unfunded capital needs for the anticipated police impact fee revenues. Table 43 POLICE CAPITAL IMPROVEMENT NEEDS, 2004-2008 Unfunded Improvements Cost Estimate 18 Crown Interceptors (expansion, not replacement) $525,000 Jail Video Arraignment Equipment - $28,000 Communications Recorder Expansion $20,000 Automatic Vehicle Location System $128,000 Total Eligible Unfunded Needs, 2004-2008 $2,701,000 * estimated portion of project that would be eligible, additional analysis required to determine eligible amount Source: Unfunded needs from City of.Fayetteville, 2004-2008 Capital Improvements Program, December 2003. associates From: Clarice Pearman To: Jordan, Lioneld; Marr, Don Date: 11/4/05 5:02PM Subject: Ord. 4788 & 4789 Aldermen, Attached are the ordinances that were passed by Council, November 1, 2005 regarding impact fees. Have a good weekend Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki P\ .I l SLtTh IiTst,iq ..I "NorrtkwestArkansas' Most Widely Read News" AFFIDAVIT OF PUBLICATION I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and .pub.lished .in Lowell, Arkansas, and that.fro.m .my own _personal knowledge and reference to the files of said publication, that advertisement of: O'k ' 4,2 4 24 was inserted in the regular editions on PO# ** Publication Charge: $ !O. 5Z Subscribed and sworn to before me this .Notary Public My Commission Expires: "" Please do not pay from Affidavit. An invoice will be sent. Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 RECE'ItED Nov 152005 CITY' TTEVILLE Cr.. QFFICE P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470 AN ORDINANCE TO AMEND TITLE XV UNIRED DEVELOPMENT CODE OF FAYETiEVILLE, CHAPTER 159 FEES BY ENACTING. § 159.03 POLICE AND PUBLIC SAFETY SYSTEM. IMPACT FEES OF THE UNIRED DEVELOPMENT CODE wnarmaa, me protecmn of the heattn; safety, and general welfare of the citizens of Fayetteslle require that the Fayetteile Pofice and Pubic Safety System as a Public Facility of the City be expanded and improved tomeet the demands of new development; and WHEREAS, the creation of an oqutable development impact fee system would enable the Cry to generate revenue for funding or for recouping the costs of required Police and PUWc Safety System capac- ity improvements that thosedevebpments create; and WHEREAS the Cry has comprehensively studied -the future needs of its dtizera and what theOty needs to do to meet those needs and adopted a Comprehenshe General Plan, the 2020 Plan. The City also annually updates its Capital Imprwemont Ptbjects list of future necessary capital Improfaernents for all city seMcec mrluding police and public safety; and WHEREAS, the City commissioned an in-depth Police and Public Safely Impact Fee Study designed to study future police and public safety capital needs, and the fair and equitable proportion of those capacity Improvement needs that new development should pay. This Impact Fee Study was completed In June, 2004, and later adopted by the Clty Council; and WHEREAS, the Police and Public Safety System Impact Fee Study sets forth reasonable metlwdolo- gles and analyses for determining ita impacts of various Was of development on the Ciys need for additional police and public safety department capacity and facilities; and ' WHEREAS, the Police and Public System Impact Feesdescribed In this Ordinance are based on the Impact Fee Study, and am designated to generate revenue for funding or far removing expenditures by Me City of Fayette'ae that are reasonably attributable to the use and ocuipa ncy of the new develop- ments that will pay the fees; and WHEREAS, the Police and Public Safety System Facilities constitute an interrelated system that pro- vides seMce throughout Fayetteville, and a is therefore appropriate and proper to frost the entire city as a single serum area; and WHEREAS, there is both a rational nexus and a rough proportionality between the development kWacts created by each type of new development covered by this Ordiran a and the impact fees that such development wltl be requred to pay; aid WHEREAS, this Ordinance creates at by which Police and Public Safety System Impact fees paid by new developments will be used so 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 R ORDAINED BY THE CFTY COUNCIL OF THE CRY OF FAYET- TEVILLE, ARKANSAS: Section 1: That the City Col:m I o: the Oty of Fayetteville M cansas hereby amens Chapter 159'of the - Unified Deia'opment Code by enacting § 159.03 Police and Public Safety System Impact Foes as shown on E b t A attached hereto, PASSED and APPROVED this 1st day of November, 2005. APPROVED: By: By: SONDRA Simi, City cork Exlbi['A- 159.03 Poke and Public Safety System Impact Fees (A) APPNcabfihy (1) The following pronnons shall app y to all of the territory within the City corporate city limits, and any area near the corporate limits if spedflcdy agreed by the owner. RI The foftoMng types of development shaft be required to pay a Police and Folic Safety System Impact Fee: (a) New development within one of the categories of development In Table A. (b) Redevebptrent Involving the construction of one or mare additional units wn one of the categories of development in Table A. (B) intent -, . (1) The intent of the Police and Public Safety System Impact Fee Is to offset costs to the City of Fayettevile taxpayers that are reasonably attributable to prwfdng necessary pace and public safety odlifles to new development. 2) This Impact fee charged to new development is to generate revenue for fusing or recouping expen- dtures of Me City of Fayetteville that are reasonably aMbutable to the use and occupancy of the new ]avewpnent. 3) This nnpact fee is to be system fa eel and expended or for the planning, design a isconstruction of new Jdice and public safety system fadlitles a of capital improvements to mdsflno odic inn nmllr enfn- yslem prtbllc recites that expand their capacity or for Me recoupment at prior capital improvements ;Pon public facilities Mat created capacity available to serve new development. The intent of this impact fee requirement Is to ensure that new development beers a proportionate ire of a the costs of capacity knprovements to Me police and public safety system fadltties, but atao three that iris proportional share does not exceed the costs of the demand for addtbnei capad- in gOlic fadhties that is reasonably attributable to proyding these fadlitles to the use and occupan- of that new developoent. This police and public safety system fr act fee is based upon Previous and current City Five Year Council. Pages 27 through 32 of the impact Fee Study are incorporated herein air Ito e,Ia i the methodology and formulas for the Police and Public Safety System star of seMces and increases in capacity needed for the Police an Pubic Safety (6) It Is act the Intent of this section that any monies collected for the police and a fee shall be paid to Me City by the owner of the property before a cereflcate of occupancy the new development or at the closing on Me property by the purchasing owner. amhaGrr id'Fbfic Safety System Impact Fee Table. ea AdmYrvstrator shall deerm ,e the correct amount of the Poke and Pubic Safety System `ry'iise of Table A'and infoimatbn about Me type and"she of Me new development, Ltuj rfTlI -,. ll [r If: II. :..: „ to this ordinance the •�"et r w wmr�Ptev rtam payment of by epsct Fee AUrtlrtisbator. agg<kved by the Impact Fee Pdntdsaatali reasal to grant an Affordable Horsi g U the deist to the PIarv* Conyniaslm. ) Fetabl5Nnant of Ants. A Police and public Safely Impact Fee Fund Met is distinct from the erneral Fund at the Cry's hereby chested, and the Impact fees rocavod WIN be deported h Ut Pots nd Safety pct Fee Account. ) Impact Fee Account. The Police and Pitt Safety Impact Fee Account shall contain orgy Mass ,ice erg Pttft Safety Impact fees oatlected PUsuant to ft Ordemance Pas any Interest which may .Cr1a from &ne to tb11B or' such BCCplrlta. Q'dw of Use. Monies In the Police and Public Safety Impact as account shall be considered to be mart lithe order collected, on a Nrst INfirst our basis. II) Fos. The Minds In the Police and Impact Public Safety Iact Fee account shall be used orgy for rig: I The use of the Police and Public Safety System Impact Fees shall be to offset costs to Me sty of ryelto Io taxpayws Met are re sonaby attributable to PrMdirg necessary police and poser safety rOflastu new development. hem of the ere e charged ry to that are new development shall generate revenue for funding or hiccuping emygm- reesonably attributable to the use end occupancy of the new valopmenr. This Impact fee shall be collected and expended orgy for Me plarnMg, de&gn or corsimcibn of new lice and Public safety system fadiitlas or of capital Improvements to sung Police erg public safety system public facilities Met expand Meer capady or far the raztpmont Prior capital Improvements to such public faclfees that created capady available to sane new devel- Mont. No monies cdiocted fp the Pollee and Public Safety System Impact Fee shalt ever be cwrcninglad ever be used for a type of facility different from that for which Me fee was paid, No hmpact fee revenue shaft be used for operational expenses. All Police and Public Safety Impact Fee revenues shall be spent In accordance with subsection (B) fit. - oRMn (1) accrued Iris Oty fbeen the Portion of collected development Impact fees, irdudmg the cr ra based frnferot that a four has not expended seven (7) years from the date the fees ware pad. Interest ac sh A re as shall be Percent (4%) annual rate. (2)pad to the Present Owner of the popery Met was the subject of now development and against which the fee was assessed and cosected. (S)Mole of the right to a refund, including Me amount of the refund and Me Procedure far appylog for ate recekbg the refund, shall be sent or served In welting to the present owners of the popery no later than thirty (39) daye'after the date which Me refund becomes clue. The sanding by regular mall of Me r paces to al assent owhers.ot record steal be sufficient to satisfy the roflonrent of notice. certain (aye the this be made on a are rata bests, and aha -be Paid In as no later Man ninety (90) days ;after t tlhe.iks of upon the refund becomes clue. payment dap Price and Public Safety Impact Fee tinder -this Ordinance, the Police 3rd. Public Safety Impact-Fee,Adirkisaaor and proside the applicant. paying such fee with written lallG of apse al has I�arpBaund3 cola,'' IUWs of such fees will be.made. Failure to defier such Mitten erodes ahem not Mveleate or.,, of eery fm Pad -fee under ills ordinance. I• ORDINANCE NO. 4788 AN ORDINANCE TO AMEND TITLE XV UNIFIED DEVELOPMENT CODE OF FAYETTEVILLE, CHAPTER 159. FEES BY ENACTING § 159.03 POLICE AND PUBLIC SAFETY SYSTEM IMPACT FEES OF THE UNIFIED DEVELOPMENT CODE WHEREAS, the protection of the health, safety, and general welfare of the citizens of Fayetteville require that the Fayetteville Police and Public Safety System as a Public Facility of the City be expanded and improved to meet the demands of new development; and WHEREAS, the creation of an equitable development impact fee system would enable the City to generate revenue for funding or for recouping the costs of required Police and Public Safety System capacity improvements that those developments create; and WHEREAS the City has comprehensively studied the future needs of its citizens and what the City needs to do to meet those needs and adopted a Comprehensive General Plan, the 2020 Plan. The City also annually updates its Capital Improvement Projects list of future necessary capital improvements for all city services including police and public safety; and WHEREAS, the City commissioned an in-depth Police and Public Safety Impact Fee Study designed to study future police and public safety capital needs, and the fair and equitable proportion of those capacity improvement needs that new development should pay. This Impact Fee Study was completed in June, 2004, and later adopted by the City Council; and WHEREAS, the Police and Public Safety System Impact Fee Study sets forth reasonable methodologies and analyses for determining the impacts of various types of development on the City's need for additional police and public safety department capacity and facilities; and WHEREAS, the Police and Public System Impact Fees described in this Ordinance are based on the Impact Fee Study, and are designated to generate revenue for funding or for recouping expenditures by the City of Fayetteville that are reasonably attributable to the use and occupancy of the new developments that will pay the fees; and WHEREAS, the Police and Public Safety System Facilities constitute an interrelated system that provides service throughout Fayetteville, and it is therefore appropriate and proper to treat the entire city as a single service area; and