HomeMy WebLinkAboutOrdinance 4789ORDINANCE NO. 4789
AN ORDINANCE TO AMEND TITLE XV UNIFIED
DEVELOPMENT CODE OF FAYETTEVILLE,
CHAPTER 159. FEES BY ENACTING § 159.04 FIRE
PROTECTION 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 Fire Protection 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 the required
Fire Protection 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 the Fire
Protection System; and
WHEREAS, the City commissioned an in-depth Fire Protection System Impact
Fee Study designed to study future Fire Protection System 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 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 Fire Protection System department capacity and facilities; and
WHEREAS, the Fire Protection 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 Fire Protection 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 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 §159.04 Fire
Protection System Impact Fees as shown on Exhibit A attached hereto.
PASSED and APPROVED this 15` day of November, 2005 .
��. ``�R1VTR ''•,,� APPROVED:
G� . •�Y •O . SG .,
F'•�P
FAYETTEVILLEO _ BY
:h DA9 CO DY, Mayor
;95.9,�KANSP.jam;
ATTEST: °°° y�NGTON
�uuuuu`
By:
SONDRA SMITH, City Clerk
• r
EXHIBIT "A"
159.04 Fire Protection System Impact Fees (5) This Fire Protection System Impact
Fee is based upon previous and current City Five
(A) Applicability Year Capital Improvement Project documents
approved annually by City Council Resolution
( 1 ) The following provisions shall apply and level of service standards adopted within the
to all of the territory within the City's corporate Fire Impact Fee Study of June 2004 and
city limits, and any area near the corporate limits elsewhere by the City Council. Pages 21
if specifically agreed by the owner. through 26 of the Impact Fee Study are
incorporated herein as Exhibit I to explain the
(2) The following types of development methodology and formulas for the Fire
shall be required to pay a Fire Protection System Protection System Impact Fees, the levels of
Impact Fee: service and increases in capacity needed for the
Fire Protection System..
(a) New development within one of
the categories of development in Table A. (6) It is not the intent of this section
that any monies collected for the Fire Protection
(b) Redevelopment involving the System Impact Fee ever be commingled or ever
construction of one or more additional units be used for a type of facility different from that
within one of the categories of development in for which the fee was paid. No impact fee
Table A. revenue may be used for operational expenses.
(B) Intent (C) Time of Collection
( l) The intent of the Fire Protection This impact fee shall be paid to the City
System Impact Fee is to offset costs to the City by the owner of the property before a certificate
of Fayetteville taxpayers that are reasonably of occupancy is issued for the new development
attributable to providing necessary Fire or at the closing on the property by the
Protection System 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) Fire Protection System Impact Fee
Fayetteville that are reasonably attributable to Table. The Impact Fee Administrator shall
the use and occupancy of the new development. determine the correct amount of the Fire
Protection System Impact Fee by use of Table A
(3) This impact fee is to be collected and information about the type and size of the
and expended only for the planning, design or new development.
construction of new Fire Protection System
facilities or of capital improvements to
existing Fire Protection 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 Fire Protection
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" 0
TABLE A individuals shall be exempted from payment of
FIRE PROTECTION 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 $208 Affordable Housing Exemption may appeal the
Detached denial to the Planning Commission.
Multi-Family Dwelling $ 150
(E) Use of Fees.
Mobile Home Park Pad $222
(1) Establishment of Accounts. A Fire
Hotel/Motel Room $323 Protection System Impact Fee Fund that is
Retail/Commercial 1000 sq. ft. $457 distinct from the General Fund of the City is
hereby created, and the impact fees received will
Office/Institutional 1000 sq. ft. $293 be deposited in this Fire Protection System
Impact Fee Account.
ENursing 1000 sq. ft. $126 (2) Impact Fee Account. The Fire Protection
1000 sq. ft. $ 102 System Impact Fee Account shall contain only
1000 s . ft. $ 184 those Fire Protection System impact fees
q collected pursuant to this Ordinance plus any
1000 sq. ft. $117 interest which may accrue from time to time on
such accounts.
se 1000 sq. ft. $ 22
(F) Order of Use. Monies in the Fire Protection
System Impact Fee account shall be considered
(2) Redevelopment, Reconstruction, to be spent in the order collected, on a first-
Change of Use. In the event of a redevelopment, 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 Fire
difference between what the fee would be for the Protection System Impact Fee Account shall be
entire redevelopment or reconstruction project used 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 Fire Protection
single family home will not require any impact System Impact Fees shall be to offset costs to the
fee. City of Fayetteville taxpayers that are reasonably
attributable to providing necessary Fire
(3) Mixed Use. If the proposed development Protection System facilities to new development.
includes a mix of the residential, commercial,
industrial or other uses listed in the impact fee (2) This impact fee charged to new
schedule, the fee shall be determined by adding development shall generate revenue for funding
up all the Fire Protection System impact fees that or recouping expenditures of the City of
would be applicable for each use type as if it was Fayetteville that are reasonably attributable to
a freestanding land use type. the use and occupancy of the new development.
(4) Affordable Housing Exemption. (3) This impact fee shall be collected
and expended only for the planning, design or
(a) Single family housing. Construction construction of new Fire Protection System
of single family housing funded wholly or facilities or of capital improvements to
primarily by federal Community Development existing Fire Protection System public facilities
Block Grants, non-profit service organizations that expand their capacity or for the recoupment
such as Habitat for Humanity, Housing and of prior capital improvements to such public
Urban Development housing loans and similar facilities that created capacity available to serve
programs designed to provide affordable, owner- new development.
occupied, single family residences to low income
• EXHIBIT "A"
(4) No monies collected for the Fire (4) The refund shall be made on a pro
Protection System Impact Fee shall ever be rata basis, and shall be paid in full no later than
commingled or ever be used for a type of facility ninety (90) days after the date certain upon
different from that for which the fee was paid. which the refund becomes due.
(5) No impact fee revenue shall be used (5) At the time of payment of the Fire
for operational expenses. Protection System Impact Fee under this
Ordinance, the Fire Protection System Impact
(6) All Fire Protection Impact Fee Fee Administrator shall provide the applicant
revenue shall be spent in accordance with paying such fee with written notice of those
Subsection (B) Intent. circumstances under which refunds of such fees
will be made. Failure to deliver such written
(H) Refunds. notice shall not invalidate any collection of any
impact fee under this ordinance.
(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
1
FIRE PROTECTION
The Fire Department is Fayetteville's "agency of
first response" to resolve fire, emergency Figure 4
medical service (EMS) and emergency rescue CURRENT FIRE STATION LOCATIONS
incidents and to address potential disasters.. The
goal of the Fayetteville Fire Department is to
reach 90 percent of emergency calls within a i
total response time of six minutes. The City
currently operates six fire stations which allows
first due companies to reach their goal arrival '
time only 79% of the time. A seventh fire
station is currently being built. '.� - t
n `
Service Area
While fire/rescue units may be dispatched from
a station primarily to calls within that station's
primary response . area, these units may also
respond to calls in neighboring response areas if
needed. For example, Engine 1 missed 9.7 percent of calls in its primary response area in the Fust three
quarters of 2003 because it was already committed manotheremergency- Consequently, fire protection
facilities constitute an interrelated system that provides service throughout the City's jurisdiction, which
is appropriately defined as a single service area.
Service Unit
One of the most common methodologies used in calculating fire protection impact fees is the
"calls-for-service" approach. This approach uses historical data on emergency calls-for-service by land
use to make the connection between land use type and the demand for fire-fighting facilities- The City
of Fayetteville Fire Department maintains call-for-service data by land use. The available data on
calls-for-service by land use will be used for the purpose of allocating costs between residential and
nonresidential development. In 2003, the . Fayetteville Fire Department received a total of 5,517
calls-for-service. Table 24 below shows the distribution of calls-for-service by residential/nonresidential
land use type for 2003. Nonresidential land uses account for just over half of all fire calls-for-service.
Table 24
FIRE CALLS-FOR-SERVICE, 2003
Land Use Calls Percent
Residential 2,526 45.8%
Nonresidential 2,991 542
Total 5,517 100.0%
Source: Fayetteville Fire Department, May 2004 (excludes
road-related calls).
duncan associates
Fayetteville\/mpact Fee Study. Roads , Fire b Police June 22, 2004, Page 21
Residential and nonresidential fire protection costs are then allocated among various land uses on the
basis of "functional population." Functional population, finther described in Appendix 13, represents
the number of full-time equivalent people at the site of a land use. It is reasonable to assume that the
demand for fire protection facilities is at least roughly proportional to the presence of people.
Cost per Service Unit
Fire protection 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 fire protection
facilities is based on the replacement cost of existing facilities. Replacement costs are estimated based
on the costs of Fire.Station Seven which is scheduled for completion later this year. The current cost
for station construction is estimated to be $192.33 per square foot and land is estimated to cost $72,772
per acre, as shown in Table 25.
Table 25
FIRE COSTS PER SQUARE FOOT AND ACRE
Construction Land
Cost $1,474,758 $145,543
Sq. Fl./Acres 7,668 2
Cost - r Sq. FL/ACre $192.33 $72,772
Source: Costs, building square feet and site acres for Fire Station
7 from Fayetteville Fire Department, May 2004.
Table 26 below shows the construction and land replacement costs for the Fire Department's six
existing operating facilities. The replacement cost for all current facilities is $6,718,074.
Table 26
FIRE FACILITY REPLACEMENT COSTS
Building Land Construction Land Total
Station Address . h. acres Cost - Cost
Cost
Central 303West Center 15,048 0.50 $2,894, 126 $36,386 $2,930,512
2 708 North Garland 2,451 025 $471,392 $18,193 $489,585
-3 " 385 Earnest Lancaster Dr n/a n/a n/a n/a $0
4 3385. Plainview 5,795 1.50 $1, 114,531 $109, 157 $1,223,688
5 833 Crossover 2,720 1.00 $523, 128 $72,772 $595,900
6 900 Hollywood 5,795 5.00 $1, 114,531 $363,858L. $1,478,389
Total 31 809 8.25 117 708
$600,36 718 074
Source: Building square feet and acres from Fayetteville Fire Department, May 2004: construction and land replacement costs
based on cost per square foot and per acre from Table 25.
In addition to the fire stations, the Department has capital equipmenteligible for impact fee funding.
The total replacement cost of the existing fire stations and fire-fighting apparatus is $10.7 million, as
summarized in Table 27 below.
duncan associates
Fayetteville\/mpact Fee Study: Roads , Fire b Po/ice June 22, 2004, Page 22
Table 27
FIRE FACILITY AND EQUIPMENT COST
Cost Component Total Cost
Fire Facility Replacement Cost $6,718,074
Fire Engines (9) $2,978,670
Ladder Truck (1 ) $531,445
Machinery/Equipment $240,891
Misc. Vehicles (2) $108,875
Telecommunications Equipment $52,878
Office Equipment $15,969
Lab Equipment $11,397
Computer $5,621
Total Replacement Cost $10,663,820
Source: Fire facility replacement cost from Table 26; equipment
costs are original costs from the Fayetteville Fire Department fixed
asset listing. May 2004.
The fire protection 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 existing residential and nonresidential
development. The total replacement value of existing fire
protection facilities is first allocated between residential and
nonresidential development based on the percentage of
calls to each land use. Then the costs attributable to
residential and nonresidential development are divided by
-ff- M the fimcuonal population of each land use category to
detemtine the . costs per functional population. The
resulting costs per functional population represent the existing level of service of fire protection facilities
in Fayetteville. The cost to provide the same level of service to new residential development is $167.61
per functional population, and the cost to provide the same level of service to new nonresidential
development is $133.87 per functional population, as shown in Table 28.
Table 28
FIRE REPLACEMENT COST PER SERVICE UNIT
Residential Nonresidential
Fire Facility and Equipment Replacement Cost $10,663,820 $10,663,820
Percentage of Calls-for-Service 45.8% 54 20/0
Proportionate Share of Replacement Cost $4,884,030 $5,779,790
Functional Population 29 139 43 176
Fire Protection Cost Per Functional Population $167.61 $133.67
Source: Fire replacement cost from Table 27; percentage of calls-lot-service for residential and
nonresidential from Table 24; residential and nonresidential functional population from Table 48.
dunean associates
Fayetteville\/rripact Fee Study: Roads , Fire 8 Police June 22, 2004, Page 23
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 fire facility improvements.
According to the Fayetteville Fire Department, there is no outstanding debt for past fire protection
capital improvements or capital equipment. Consequently, no debt service credit is applicable.
During the last five years, the Department has received one grant for capital equipment. In 2002, the
Department received a $ 120,000 matching grant Cor personal protective equipment from the Assistance
to Firefighters program. Assuming that the grant funding received over the last five years for impact
fee-eligible fire protection capital improvements will continue to increase proportional to the amount
of development in Fayetteville, the City will receive the present value equivalent of $4 per functional
population over the 20-year fife of most capital improvements, and shown in Table 29.
Table 29
FIRE GRANT FUNDING CREDIT PER SERVICE UNIT
Annual Eligible Grant Funding, FY 2000-2004 $24,000
Total Functional Population 72 76
Annual Grant Funding Credit per Functional Pop. $0,33
Net Present Value Factor (20 years at 4.96%) 12.50
Grant Funding Credit Per Functional Pop. $4.13
Source. Annual grant funding is one fifth of five-year grant funding of $120,000,
per Fayetteville Fire Department, May 2004; total functional population from Table
48; discount rate for present value factor is average interest rate on 200.yearAAA -
municipal bonds as - of May 31, 2004 according 'to 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 30.
Table 30
FIRE NET COST PER SERVICE UNIT
Residential Nonresidential
[File Capital Cost per Functional Population $167.61 $133.87
Fire Grant Fundi Credit r Functional Population .13 $4..13 .
Fire Net Cost Der Functional Population $163.48 $129.74
Source: Costs per functional population from Table 28: grant credit from Table 29.
duncan associates
Fayetteville\/mpac[ Fee Study: Roads , Fire & Po/ice June 22, 2004, Page 24
Potential Fees
The maximum fire 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 31
below.
Table 31
FIRE NET COST SCHEDULE
Func. Pop./ Net Cost/ Net Cost/
Land Use Unit Unit Func. Pop. Unit
Single-Family Detached Dwelling 127 $163.48 $208
Multi-Family Dwelling 0.92 $163.48 $150
Mobile Home Park Pad 1.36 $163.48 $222
Hotel/Motel Room 2.49 $129.74 $323
Retail/Commercial _ 1000 sq. ft. 3.52 $129.74 $457
Office/Institutional 1000 sq. ft. 2.26 $129.74 $293
Nursing Home 1000 sq. ft. 0.97 $129.74 $126
Church 1000 sq. ft. 0.79 $129.74 $102
Industrial 1000 sq. ft. 1.42 $129.74 $184
Warehouse 1000 sq. ft. 0.90 $129.74 $117
Mini-Warehouse 1000 sq. h- 0. 17 $129.74 $22
Source: Functional population per unit from Tables 46 and 47; net costs per functional population Irom
Table 32 shows that if adopted at the maximum level, the fire impact fees could generate $383,000
annually, based on recent building trends.
Table 32
POTENTIAL FIRE IMPACT FEE REVENUE
Annual New Func. Pop./ Annual New Net Cost/ Annual
Land Use Tye Units Unit Func. Pop. Func. Pop, Revenue
Single-Family Detached 347 1 .27 441 $163.48 $72,000
Multi-Family 6910.92 636 $163.48 $104,000
Subtotal, Residential - 11,038 1,077 $176000
Nonresidential n/a n/a . 1,596 $129.74 $207,000
Total
$383,000
Source: Annual new units is average number of units permitted by the City since 2000 from Table 6; residential functional
populatioNunit 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 Irom Table
48: net cost per functional population hom Table 30.
duncanjassociates
Fayetteville\impact Fee Study: Roads , Fire ti Police June 22, 2004, Page 25 '
The City's Capital Improvements Plan includes a list of unfunded fire protection projects that are
needed over the next five years, as shown in Table 33. Additional analysis will be required to determine
the portion of the $15.8 million join) public safety command center that is eligible for fire impact fee
funding. First, it will be necessary to determine the share of overall project cost that is attributable to
fire facilities. Second, it will be necessary to determine the extent to which the fire facilities increase
the capacity to provide service to new development, rather than simply replace existing facilities. A
similar analysis will be required to determine the share of the $1 .4 million cost for the relocation of Fire
Station #5 that is eligible for impact fee funding. Even using conservative assumptions, however, it is
clear that there are sufficient unfunded capital needs for the anticipated fire impact fee revenues.
Table 33
FIRE CAPITAL IMPROVEMENT NEEDS, 2004-2008
Unfunded Improvements Cost Estimate
Ford Expedition (expansion, not replacement $30,000
Joint Public Safety Command Center* $1,500,000
Fire Station #8-New Construction $1,500,000
Fire Station #5 Relocation' $700,000
Total Eligible Unfunded Needs, 2004-2008 - $3,730,000
Annual Eligible Unfunded Needs, 2004-2008 $746,000
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.
dunean associates -
Fayetteville\Impact Fee 3tudy: Roads , Fire t1.Po/ice June 22, 2004, Page 26
ALDERMAN AGENDA REQUEST FAM A/ 799
FOR: COUNCIL MEETING OF
FROM: ALDERMAN LIONELD JORDAN and ALDERMAN DON MARR
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend Title XV Unified Development Code Of Fayetteville, Chapter
159. Fees By Enacting §159.04 Fire Protection System Impact Fees Of The Unified
Development Code
APP VED FOR AGENDA:
ONELD ANatp5 e
AI rman
rN MARR Date
Iderman
9 - , 3 - os
illiams Date
City Attorney (as to form)
l%�/oS pti- -� �� �eu-el,i�/✓
ORDINANCE NO.
AN ORDINANCE TO AMEND TITLE XV UNIFIED DEVELOPMENT
CODE OF FAYETTEVILLE, CHAPTER 159. FEES BY ENACTING
§159.04 FIRE PROTECTION 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 Fire Protection 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 the required
Fire Protection 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 the Fire
Protection System; and
WHEREAS, the City commissioned an in-depth Fire Protection System Impact
Fee Study designed to study future Fire Protection System 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 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 Fire Protection System department capacity and facilities; and
WHEREAS, the Fire Protection 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 Fire Protection 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 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 §159.04 Fire
Protection System Impact Fees as shown on Exhibit A attached hereto.
PASSED and APPROVED this 20'h day of September, 2005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
l.1
159.03 Fire Protection System Impact Fees
(A) Applicability
(1) The following provisions shall apply
to all of the territory within the City's corporate
city limits, and any area near the corporate limits
if specifically agreed by the owner.
(2) The following types of development
shall be required to pay a Fire Protection System
Impact Fee:
(a) New development within one of
the categories of development in Table A.
(b) Redevelopment involving the
construction of one or more additional units
within one of the categories of development in
Table A.
(B) Intent
(1) The intent of the Fire Protection
System Impact Fee is to offset costs to the City
of Fayetteville taxpayers that are reasonably
attributable to providing necessary Fire
Protection System facilities to new development.
(2) This impact fee charged to new
development is to generate revenue for funding
or recouping expenditures of the City of
Fayetteville that are reasonably attributable to
the use and occupancy of the new development.
(3) This impact fee is to be collected
and expended only for the planning, design or
construction of new Fire Protection System
facilities or of capital improvements to
existing Fire Protection 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 Fire Protection
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.
(5) This Fire Protection System Impact
Fee is based upon previous and current City Five
Year Capital Improvement Project documents
approved annually by City Council Resolution
and level of service standards adopted within the
Fire Impact Fee Study of June 2004 and
elsewhere by the City Council. Pages 21
through 26 of the Impact Fee Study are
incorporated herein as Exhibit I to explain the
methodology and formulas for the Fire
Protection System Impact Fees, the levels of
service and increases in capacity needed for the
Fire Protection System..
(6) It is not the intent of this section
that any monies collected for the Fire Protection
System Impact Fee ever be commingled or ever
be used for a type of facility different from that
for which the fee was paid. No impact fee
revenue may be used for operational expenses.
(C) Time of Collection
This impact fee shall be paid to the City
by the owner of the property before a certificate
of occupancy is issued for the new development
or at the closing on the property by the
purchasing owner.
(D) Fee Determination
(I) Fire Protection System Impact Fee
Table. The Impact Fee Administrator shall
determine the correct amount of the Fire
Protection System Impact Fee by use of Table A
and information about the type and size of the
new development.
of
EXHIBIT "A"
TABLE A
FIRE PROTECTION SYSTEM
IMPACT FEES
Impact
Land Use Unit Fee
Single -Family
Detached
Dwelling
$208
Multi -Family
Dwelling
$150
Mobile Home Park
Pad
$222
Hotel/Motel
Room
$323
Retail/Commercial
1000 sq. ft.
$457
Office/Institutional
1000 sq. ft.
$293
Nursing Home
1000 sq. ft.
$126
Church
1000 sq. ft.
$102
Industrial
1000 sq. ft.
$184
Warehouse
1000 sq. ft.
$117
Mini -Warehouse
1000 sq. ft.
$ 22
(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, commercial,
industrial or other uses listed in the impact fee
schedule, the fee shall be determined by adding
up all the Fire Protection System impact fees that
would be applicable for each use type as if it was
a freestanding land use type.
(4) Affordable Housing Exemption.
(a) Single family housing. 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) Appeal A person aggrieved by the
Impact Fee Administrator's refusal to grant an
Affordable Housing Exemption may appeal the
denial to the Planning Commission.
(E) Use of Fees.
(I) Establishment of Accounts. A Fire
Protection System 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 this Fire Protection System
Impact Fee Account.
(2) Impact Fee Account. The Fire Protection
System Impact Fee Account shall contain only
those Fire Protection System impact fees
collected pursuant to this Ordinance plus any
interest which may accrue from time to time on
such accounts.
(F) Order of Use. Monies in the Fire Protection
System Impact Fee account shall be considered
to be spent in the order collected, on a first-
in/first-out basis.
(G) Use of Fees. The funds in the Fire
Protection System Impact Fee Account shall be
used only for the following:
(1) The use of the Fire Protection
System Impact Fees shall be to offset costs to the
City of Fayetteville taxpayers that are reasonably
attributable to providing necessary Fire
Protection System facilities to new development.
(2) This impact fee charged to new
development shall generate revenue for funding
or recouping expenditures of the City of
Fayetteville that are reasonably attributable to
the use and occupancy of the new development.
(3) This impact fee shall be collected
and expended only for the planning, design or
construction of new Fire Protection System
facilities or of capital improvements to
existing Fire Protection 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.
0 0
EXHIBIT "A"
(4) No monies collected for the Fire
Protection System Impact Fee shall ever be
commingled or ever be used for a type of facility
different from that for which the fee was paid.
(5) No impact fee revenue shall be used
for operational expenses.
(6) All Fire Protection Impact Fee
revenue shall be spent in accordance with
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.
(4) The refund shall be made on a pro
rata basis, and shall be paid in full no later than
ninety (90) days after the date certain upon
which the refund becomes due.
(5) At the time of payment of the Fire
Protection System Impact Fee under this
Ordinance, the Fire Protection System 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. Failure to deliver such written
notice shall not invalidate any collection of any
impact fee under this ordinance.
EXHIBIT
0
FIRE PROTECTION
The Fire Department is Fayetteville's "agency of
first response" to resolve - fire, emergency
medical service (EMS) and emergency. rescue
incidents and, to address potential disasters.. The
goal of the Fayetteville Fire Department is to
reach 90 percent of emergency calls within a
total response time of six minutes_ The City
currently operates'six fire stations which allows
first due companies to reach their goal arrival
time only 79% of the time. A seventh fire
station is currently being built.
Service Area
While fire/rescue units may be dispatched from
a station primarily to calls within that station's
primary response. area, these units may also
respond to calls in neighboring response areas if
needed. For example, Engine I missed 9.7 percent of calls in its primary response area in the first three
quarters of 2003 because it was already committed to another emergency- Consequently, fire protection
facilities constitute an interrelated system that provides service throughout the City's jurisdiction, which
is appropriately defined as a single service area.
a
CURRENT FIRE
Figure 4
STATION LOCATIONS
Service Unit
One of the most common methodologies used in calculating fire protection impact fees is the
"calls -for -service" approach. Ibis approach uses historical data on emergency calls -for -service by land
use to make the connection between land use type and the demand for fire -fighting facilities: The City
of Fayetteville Fire Department maintains call -for -service data by land use. The available data on
calls -for -service by land use will be used for the purpose of allocating costs between residential and
nonresidential development. In 2003, the. Fayetteville Fire Department received a total of 5,517
calls -for -service. Table 24 below shows the distribution of calls -for -service by residential/nonresidential
land use type for 2003_ Nonresidential land uses account for just over half of all fire calls -for -service.
Table 24
FIRE CALLS -FOR -SERVICE, 2003
Land Use
Calls
Percent
Residential
2,526
Nonresidential
2,991
a4:201o
Total
'5 517
1
Source: Fayenevilte Fire Department.
May 2004 (excludes
road -related calls).
associates
Residential and nonresidential fire protection costs are then allocated among various land uses on the
basis of "functional population." Functional population, further described in Appendix B, represents
the number of full-time equivalent people at the site of a land use. It is reasonable to assume that the
demand for fire protection facilities is at least roughly proportional to the presence of people.
Cost per Service Unit
Fire protection 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 fire protection
facilities is based on the replacement cost of existing facilities. Replacement costs are estimated based
on the costs of Fire.Station Seven which is scheduled for completion later this year The current cost
for station construction is estimated to be $19233 per square foot and land is estimated to cost $72,772
per acre, as shown in Table 25"
Table 25
FIRE COSTS PER SQUARE FOOT AND ACRE
Construction Land
Cost $1,474,758 $145,543
Sq. FtJAcres 7,668 2
Cost per Sq. FL/Acre $192.33 $72,772
Source., Costs, building square feet and site acres for Fire Station
7 from Fayetteville Fire Department, May 2004.
Table 26 below shows the construction and land replacement costs for the Fire Department's six
existing operating facilities. The replacement cost for all current facilities is $6,718,074.
Table 26
FIRE FACILITY. REPLACEMENT COSTS
Building Land Construction Land
Central 303West
2 708 North Garland
3 385 Earnest Lancaster Dr
4 3385. Plainview
5 833 Crossover
6 900 Hollvwnnd
Total
15,048
0.50
$2;894,126
$36,386
$2,930,512
2,451-
025.
$471,392
$18,193
$989,585
n/a
"/a
n/a
n/a
$0
5,795
1.50
$1,114,531
$109,157
$1,223,688
2,720
100
$523,128
$72,772
$595,900
-- wooboa .0/1004
Source: Building square Feet and acres from Fayetteville Fire Department May 2004; construction and land replacement costs
based on cost per square foot and per acre from Table 25:
In addition to the fire stations, the Department has capital equipment.eligible for impact fee funding.
The total replacement cost of the existing fire stations and fire -fighting apparatus is $10.7 million, as
summarized in Table 27 below_
duncan
Table 27
FIRE FACILITY AND EQUIPMENT COST
Cost Component Total Cost
Fire Facility Replacement Cost . $6,718,074
Fire Engines (9) $2,978,670
Ladder Truck (1) $531,445
Machinery/Equipment $240,891
Misc. Vehicles (2) - $108,875
Telecommunications Equipment $52,878
Office Equipment $15,969
Lab Equipment $11,397
Source: Fire facility replacement cost from Table 26; equipment
costs are original costs from the Fayetteville Fire Department f aed
asset listing. May 2004.
The fire protection 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 existing residential and nonresidential
development. The total replacement value of existing fire
protection facilities.is allocated between residential and
nonresidential development based on the percentage of
calls to each land use. Then the costs attributable to
residential and nonresidential development are divided by
the functional population of each land use category to
determine the costs per functional population. The
resulting costs per functional population represent the existinglevel ofservice of fire protection facilities
in Fayetteville. The cost to provide the same level of service to new residential development is $167.61
per functional population, and the cost to provide the same level of service to new nonresidential
development is $133.87 per functional population, as shown in Table 28.
Table 28
FIRE REPLACEMENT COST PER SERVICE UNIT
Fire Facility and Equipment Replacement Cost $10,663,820 $10,663,820
Proportionate Share of Replacement Cost $4,884,030 $5,779,790
ovuice. rive ropracemem cost .born fable 27percentage of calls -for -service for residential and
nonresidential from Iable24; residential and nonresidential functional population from Table 48.
associates
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 fire facility improvements.
According to the Fayetteville Fire Department, there is no outstanding debt for past fire protection
capital improvements or capital equipment. Consequently, no debt service credit is applicable.
During the last five years, the Department has received one grant for capital equipment.. In 2002, the
Department received a $120,000 matching grant for personal protective equipment from theAssistance
to Firefighters. program. Assuming that the grant funding received over the last five years for impact
fee -eligible fire protection capital improvements will continue to increase proportional to the amount
of development in Fayetteville, the City will receive the present value equivalent of $4 per functional
population over the 20 -year life of most capital improvements, and shown in Table 29.
Table 29
FIRE GRANT FUNDING CREDIT PER SERVICE UNIT
Annual Eligible Grant Funding, FY 2000-2004 . $24,000
Annual Grant Funding Credit per Functional Pop. - $0.33
Source: Annual grant funding is one -fifth of five-year grant funding of $120,000,
per FayettevilleFire Department, May2004; total functional pops tionfromTable
48; discount rate for present value factor is average interest rate on 20-yearAAA
municipal bonds as , of May 31, 2004 according to 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 30.
Table 30 -
FIRE -NET COST PER SERVICE UNIT
Residential Nonresidential
Fire Capital Cost per Functional Population $167.61 $133.87
Fire Grant Iundinq Credit per Functional Po lation $4.13 $4.13
Fire Net Cost per Functional Population $163.48 $129.74
��• �V«� per rur lcoorwi population train l able 28; grant credit from Table 29_
duncan I associates
HS
Potential Fees
The maximum fire impact fees that may he charged by the Cityof Fayetteville based on the data,
assumptions and methodology used in this report are presented in the net cost schedule in Table 31
below.
Table 31
FIRE NET COST SCHEDULE
Func- Pop./
Net Cost/
Net Cost/
Land Use
Unit
Unit
Func. Pop.
Unit
Single -Family Detached
Dwelling
127
$163.48
$208
Multi -Family
Dwelling
0.92
$163.48
$150
Mobile Home Park _
Pad
1.36
$163.48
$222
Hotel/Motel .
Room
2.49
$129.74
$323
RetaillCommercial
1000 sq. ft.
3.52
$129.74
$457
Officefnstitutional
1000 sq. ft.
2.26
$129.74
$293
Nursing Home
1000 sq. 1t.
0.97
$129.74
$126
Church
1000 sq. ft.
0.79
$129.74
$102
Industrial
1000 sq. ft.
1.42
$129.74
$184
Warehouse .
1000 sq.ft.
0.90
$129.74
$117
Mini -Warehouse
1000 sq. ft.
0.17
$129.74
$22
Source: Functional population per unit
from Tables 46 and 47;
net costs per
lunctional population from
Table 32
shows that if adopted at
the maximum
level, the fire impact fees could generate $383,000
annually,
based on recent building
trends.
Land Use Type
Single -Family Detached
Subtotal, Residential
Table 32
POTENTIAL FIRE IMPACT FEE REVENUE
Annual New Func. Pop./ Annual New Net Cost/ Annual
347 1
•1,038
441 $163.48 $72,000
1,077
$176,060
Total .
$383000
Source: Annual new units is average number of units permitted by the City since 2000 from Table 6; residential functional
.populationtunil from Table 46;annual new nonresidential total functional population estimated by muhiptying new residential
functional population by the ratio of total residential functional population to total nonresidential functional population from Table
48; net cost per functional population from Table 30.
The City's Capital Improvements Plan includes a list of unfunded fire protection projects that are
needed over the next five years, as shown in Table 33. Additional analysis will be required to determine
the portion of the 115.8 million joint public safety command center that is eligible for fire impact fee
funding- First, it will be necessary to determine the share of overall project cost that is attributable to
fire facilities. Second, it will be necessary to determine the extent to which the fire facilities increase
the capacity to provide service to new development, rather than simply replace existing facilities. A
similar analysis will be required to determine the share of the $1.4 million cost for the relocation of Fire
Station #5 that is eligible for impact fee funding. Even using conservative assumptions, however, it is
clear that there are sufficient unfunded capital needs for the anticipated fire impact fee revenues.
Table 33
FIRE CAPITAL IMPROVEMENT NEEDS, 2004-2008
Unfunded Improvements Cost Estimate
Ford Expedition (expansion, not replacement $30,000
Joint Public Safety Command Center$7,500,000
Fire Station #8 -New Construction $1,500,000
Fire Station #5 Relocation' $700000
Total Eligible Unfunded Needs. 2004-2008 $3,730,000
' 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.
duncan
�oiiee C ��l•e
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS /J /j
NI.
KIT WILLIAMS, CITY ATTORNEY
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.
-----------------------
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
"NorthwestArksuwcu'Mart Wider Read Newspaper"
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I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowe.11,.Arkansas, and that. from .my own personal knowledge
and reference to the files of said publication, that advertisement of:
Of G 17o/7C j `/7 was inserted in the regular editions on
PO#
** Publication Charge: $ -o _______________
Subscribed and sworn to before me this
day of _1)(2?e,'2h , 2005.
Notary Public Sharlene D. Williams
Notary Public
My Commission Expires: State of Arkansas
My Commission Expires
October 18, 2014
" Please do not pay from Affidavit.
An invoice will be sent.
REGF=WED
N0V 1 2005
3ITY OF r...: f FEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470
UKOU%U1 U M. 41w
DE ORDINANCE O AMEND TRLE E. UNIFIED e evi le
DEVELOPMENT CODE OF END TITVILLE, f UNI IED i T
159. FEES BV ENACTING § 159.04 FIRE PROTEC. Y
TION SYSTEM IMPACT FEES OF THE UNIFIED
DEVELOPMENT CODE -ARKANSAS
WHEREAS, the protection of the health, safety, and
3neral welfare of the czens of Fayetteville require that the Fayetteville Are Protection System as a
'ublic Facility of the City be expanded and improved to meet the demands of new de Sopment; and
WHEREAS, the creation of an enviable development impact fee system would enable the City to gem
grate rererwe for funding a for recouping the costs of the required Fire Protection System capacity
mprovonents that those developments create: and
WHEREAS, the City has canprtlensivey studied the Mure needs of its dtiiero and what the cm
seeds to do to meet those needs and adopted a Co mprehenMs General Plan, the 2020 Plan. The City
ass annually updates Its Capital Improvement Prgecta eat of futue necessary capital imprp9ments for
all city services tvdudbg the Fire Protection System; are
WHEREAS, the City commissioned an in-depth Fire Protection System mpact Fee Study designed to
study Mae Re Protection System capital needs. and the fair and equitable proportion of those capes
ty improvement needs that new duelcpnment should pay. This Impact Fee Study was completed In
June. 2004, and latter adopted by the Oily Council; and
WHEREAS, the Impact Fee Study sets forth reasonable methodooges and arases for deterrNdrg
the impacts of various types of deveopment on the Gy5 need for additional Ewe Protection System
department capacity and facilities; and
WHEREAS, the Are Protection 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 Fayette✓Ille that are reasoraby attributable to the use and occupancy of the new devebp-
'rotechbn System Facilities constitute an interrelated system that pro ides service
and it is therefore appropriate and proper to treat the entire city as a single Gory -
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYET-
Section 1: That the Dry Council of the City of Fayetteville, Arkansas hereby amends Chapter 159 of
United Development Code by enacting §159.04 Fire Protection System Impact Fees as shown
EMlblt A attached hereto.
PASSED and APPROVED this 1st day of November, 2005.
3A
DAN COODY, Mane
ATTEST:
By:
SONDRA SMITH, CRY Clash
E#ubit'A'
159.04 Are Protection System Impact Fees
W AAahabidy
(1) The fdovwg provisions shed apply to all of the territory within the Ciy% corporate city limits. and any
area rear the corporate limits if specifically agreed by the caner.
(2) The following types of development shall be required to pay a Fire Protection System Impact Fee:
(a) New development within one of the categories of development in Table A.
(b) Redevelopment involving the construction of one or more additional units within one of the categories
of development In Table A.
(B) Intent
(1) The Intent of the Fire Protection System impact Fee is to offset costs to the City of Fayetteville tax-
payers that are reaseraby attributable to prwidbg necessary Fire Protection System fadibes to new
m System Impact Fee Is based upon previous and current City FNe Year Capital
documents approved annualy by Oily Council Resolution and level of service stan-
the Fire Impact Fee Study of June 2004 and elsewhere by the City Council. Pages
Impact Fee Study are incorporated heroin as Exhiblt 1 to explain the methodology
ire Protection System Impact Fees, the levels of service and Increases in capacity
vtectbn System..
of this section that any monies collected for the Are Protection System Impact Fee
or ever be used for a type of facility dlerernt horn that for which the fee was paid,
a may be used for operational a perwa
This tnpect fee step be paid to the City by the caner of the property bee a oadificate of occupancy
is Issued for the new development a at the dosig on the property by the. pudlasil weer.
(D) Fee CO TIES
(1) Fine P,noteclion System trisect Fee Tabs. The Impact Fee AdmtrYstetor shat deterntlne to cared
amount of V*.Fte Protection System Impact Fee by use of Table A and "ormation abort the type and
size of to now development.
TABLE A
FIRE PROTECTION SYSTEM
IMPACT FEES
Land Use
Unit
Impact Fee
Single -Fan y Detached
Dwelling
$208
MON-Femly
Dweltg
$150
MOOYe Home Park
Pad
$222
d
RRet
nHOW
eawConni alai
1 sq. ft.
$457
Ofltefnsflluluiel
1000 sq. ft.
$293
Hosing Hone
1000 sq. ft.
$128
Church
1000 sq. ft.
$102
Industrial
1000 sq. ft.
$184
Warehwse
1000 sq. f.
$117
Mtl-Waraltwse
1000 sq. ft.
$ 22
;2) Rode elopnent, Retwslnttbn, Change OI Use. In the event of a rodevebpttm, recwtsaucvon Or
1a ge of use from an elating development or use, the too shall be the diferwte between miner the fee
would be let the more redevelopment or reconstruction protect and what the fee would here been for
ate existing de eopment w use. Enlargement 018 single (airily home wil rot requte any Impact fee.
(3) Mined Use. If the proposed development includes 8 mix of the residential, mrnmerdal, IhWsfel w
oadding � all the re
Protection System Impact lees that would be applicable f each use type as ifnywas as freeslard g and
use type.
(4) AI ardabb Housing ExemPlba
(a) Single family housing. Construction of single family housing Muted wholly or prknarty by federal
Commutty Development Block Grants, r n -profit servce organizations such as Habitat for Humanity.
Housing and Urban Deobpment housing Imrs and similar programs designed to provide affordable.
owner-occuped. srgle famI residences to low Income 4WMduals shall be exempted form payment of
impact fees pursuant to the ordinance by the Impact Fee Mnninistretw
(b) Appeal A peson
appeal
aggrieved tlg i to the�� paA m � iiss5 refusal to grant an Affordable Housing
Exempttn(E) Use of Fort.
(1) Establishment of Accounts. A Fire Protection System Impact Fee Fund that Is distinct aom the
General Fund of the City Is hereby created, and the Impact fees received will be deposited I this Fire
Protection System Impact Fee Account.
(2)
A
System impact fees CAccount
pursuant to Nis Ord' fiance
Protection any lntert which may accrue
from time to time an such accounts.
(F) Order of Lisa Monies b the Fire Protection System Impact Fee account shall be considered to be
spent In the order collected, on a first-INfitetout bade.
(G) Use of Fees. The funds I the Am Protection System Impact Fee Account shall be used only for the
fofowing:
(1) The use of the Fire Protection System Impact Fees shell be to offset costs to the Coy of Fayetlev o
taxpayers that are reasonably attributable to Providing necessary Fie Protection System reclliles to new
2) This impact fee charged to new developmentreasonably
shall generate revenue for funding or recoupinghe ert-
shape of Me City of Feyenei that are reasonably attributable to the use and occupancy o the new
levelopment.
3) ThIs Impact fee shall be collected and expended on forms planning, design or construction of new
-ire Protection System facilities or of capita Improvements to existing Fire Protection System public
adlities that expand their capably or for the recot ment of prior capital Improvements to such Public
adobes that created capacity avaleble to serve new development. '
;4) No nonles collected for the Fire Protection System Impact Fee shall ever be commingled or ever be
used for a type of facility dwerent from that for with the fee was paid.
(5) No Impact fee revenue shell be used for operational expenses.
(6) All Fee Protection Impact Fee revenue shat be spent in accordance with Subsection (B) Intent.
(F1) Refunds.
(1) The City of FayetiSEe shall refund the portion of colected development Impact fees, Including the
accrued Interest that has not been expended seven (7) years fret" the date the fees were paid. Interest
shall be based on a low Percent (4%) annual rate.
(2) A refund shoe be paid to the present on of the property that was the supect of new development
and against which the fee was assessed and colected.
(3) Notice of the right to a refund, Irduding the amount of the refund and the procedure for appyi g for
and receiving the refund, all be sent or served m wilting to the present owners of the Property no later
than M ny (30) days after the data which the refund becomes due. The sending by regular mall of the
notices to ad present owners of record shall be sutfidentto satisfy the requirementof..mum.,. -
(4) The ref nd shall be made on a prorate bads, and shall be paid I full no etc than ninety (90) days
after the data certain upon which the refund becomes due.
(5) At the time of payment of the Fire Protection System (pact' ndo pact' Fee uttre Qosience3th0 Fors
Potection System Impact Fee MMhisaetw shad provideufsiaPpIcand Paytig such.fee w3,M,ittan
notice of @pse circumstances under which. mundsrof s fees WI be. made. Fallon da rfJim
wdfan mute sitd not Iwaldete any oolecfm of•any rt t'lee titer his wdrtrhde. • ��s