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HomeMy WebLinkAboutOrdinance 4975 ORDINANCE NO. 4975 AN ORDINANCE TO AMEND SECTIONS 159.02 (D)(6)(a), 159.03 (D)(4)(a), 159.04(D)(4)(a) AND 159.05(D)(4)(a) TO INCLUDE AN EXEMPTION FROM THE PAYMENT OF IMPACT FEES FOR NON-PROFIT, MULTI-FAMILY SUPPORTIVE HOUSING WHEREAS, it is in the public interest of the citizens of Fayetteville to encourage and assist non-profit organizations to construct and provide multi-family supportive housing using federal grants and loans for Fayetteville residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals -- Sections 159.02 (D)(6)(a), 159.03 (D)(4)(a), 159.04 (D)(4)(a) and 159.05 (D)(4)(a) in their entirety and enacts new sections 159.02 (D)(6)(a), 159.03 (D)(4)(a), 159.04 (D)(4)(a) 159.05 (D)(4)(a) and as shown below: "(a) Single family and non-profit multi-family supportive housing. Construction of single family and non-profit multi- family supportive 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 and non-profit multi-family supportive housing shall be exempted from payment of impact fees pursuant to this ordinance by the p Im act Fee Administrator. ,,. ZY • • • •sc PASSED and APPROVED this 161hday of January, 2007. •• G\ �F FAYETTEVILLE APPROVED: ATTEST: �sgl/QNSPCC `~ GTON G, By: X1 By: uuuwu` DAN CO DY, Mayor SONDRA SMITH, City Clerk/Treasurer p (ZQ City of Fayetteville I � �� 57 Staff Review Form City Council Agenda Items 4aoid o7w or Contracts F.u,6 1 /16/2007 City Council Meeting Date Tim Conklin Planning and Development Mgt. Operations Submitted By Division Department Action Required: AN ORDINANCE AMENDING CHAPTER 159, FEES, SECTIONS 159.02, 159.03, AND 159.04 OF THE CODE OF FAYETTEVILLE, .TO EXEMPT NON-PROFIT MULTI-FAMILY SUPPORTIVE HOUSING FROM WATER AND WASTEWATER, FIRE, AND POLICE IMPACT FEES. $ Cost of this request Category ! Project Budget Program Category / Project Name Account Number Funds Used to Dale Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached IZz1� Previous Ordinance or Resolution # ;.� � Department D Vector Date Original Contract Date: Original Contract Number: j2 - 2goG City A orney Date Received in City"Pglertk'soff. Finance and Internal Service Director Date Received in Mayo ' mayor ate Comments: :;" .i of s City Council Meeting of January 16, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO TO: Mayor Dan Coody Fayetteville City Council FROM : Tim Conklin, Planning and Development Management Director DATE: December 21 , 2006 SUBJECT: AN ORDINANCE AMENDING CHAPTER 159, FEES, SECTIONS 159.02, 159.03, AND 159.04 OF THE CODE OF FAYETTEVILLE, TO EXEMPT NON-PROFIT MULTI-FAMILY SUPPORTIVE HOUSING FROM WATER AND WASTEWATER, FIRE, AND POLICE IMPACT FEES. RECOMMENDATION Approval of an ordinance amending Chapter 159, Fees, Sections 159.02, 159.03 , and 159.04 of the Code of Fayetteville, to exempt non-profit multi-family supportive housing from water and wastewater, fire, and police impact fees. BACKGROUND Seven Hills is currently building multi-family transitional housing on Huntsville Road and has requested waving all impact fees for this project. Staff has proposed an ordinance amendment to waive impact fees for all non-profit multi-family supportive housing. The proposed amendments will exempt the payment of impact fees for the construction non-profit multi-family supportive 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 non-profit multi-family supportive housing. ORDINANCE NO. AN ORDINANCE TO AMEND SECTIONS 159.02 ( D)(6)(a), 159.03 (D)(4)(a) AND 159.04 (D)(4)(a) TO INCLUDE AN EXEMPTION FROM THE PAYMENT OF IMPACT FEES FOR NON-PROFIT, MULTI-FAMILY SUPPORTIVE HOUSING WHEREAS, it is in the public interest of the citizens of Fayetteville to encourage and assist non- profit organizations to construct and provide multi-family supportive housing using federal grants and loans for Fayetteville residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals Sections 159.02 (13)(6)(a), 159.03 (D)(4)(a) and 159.04 (D)(4)(a) in their entirety and enacts new sections 159.02 (D)(6)(a), 159.03 (D)(4)(a) and 159.04 (D)(4)(a) as shown below: "(a) Single family and non-profit multi-family supportive housing. Construction of single family and non-profit multi-family supportive 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 and non-profit multi-family supportive housing shall be exempted from payment of impact fees pursuant to this ordinance by the Impact Fee Administrator." PASSED and APPROVED this 2nd day of January, 2007. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk TITLE XV UNIFIED DEVELOPMENT CODE (2) It is not the intent of this Ordinance to collect EXHIBIT A any money from any development in excess of the actual amount necessary to offset demands generated by that development for 159.02 Water And Wastewater Impact the water and wastewater facilities for which P the fee was paid. Fees (3) It is not the intent of this Ordinance that any (A) Applicability. monies collected for the water impact fee and the wastewater impact fee ever be ( 1 ) The following provisions shall apply to all of commingled or ever be used for a type of the territory within the City's water and facility different from that for which the fee wastewater service areas, including areas was paid. outside the corporate city limits and within service areas located within Washington (C) Time of Collection County and other incorporated cities after June 16, 2003. (1 ) Water and wastewater impact fees shall be paid at the time of installation of the water (2) The following types of development shall be meter serving the property or of the required to pay a water and/or wastewater connection to the wastewater system, impact fee: whichever comes first. (a) New development seeking a new (2) Development projects which have obtained connection to the City's water or building permits prior to the effective date of wastewater system. this ordinance shall not have to pay impact fees if the building is completed with water (b) New development seeking a new and sewer hook-ups installed and certificate connection to the system of a wholesale of occupancy issued no later than six (6) customer of the City's water or months from the effective date of this wastewater system, where collection of ordinance. the City's impact fee is required by the City's contract with the wholesale (D) Fee Determination customer. (1 ) Schedule of Fees. The Impact Fee (c) Residential redevelopment involving. the Administrator shall determine the . amount of construction of one or more additional the water and wastewater impact fees for dwelling units. residential uses based on the type or size of the dwelling unit and for nonresidential uses (d) Nonresidential redevelopment seeking a based on the size of the water meter using larger capacity water meter. the following schedule: (B) Intent Waste- Land Use Unit Water Water Total (1 ) The intent of wastewater and water impact Single-Family (average) Dwelling $308 $835 $1 ,143 fees is to ensure that new development bears a proportionate share of the cost of Multi-Family Dwelling $219 $593 $812 improvements to the City's water and (per dwelling unit) wastewater systems; to ensure that the Nonresidential Meter $308 $835 $1 ,143 proportionate share does not exceed the (5/8" x 3/4" meter) cost of providing water and wastewater Nonresidential (1" meter) Meter $770 $2,088 $2,858 facilities to the development that paid the fee; and to ensure that funds collected from Nonresidential Meter $1 ,540 $4,175 $5,715 developments are used to construct water (1 -1/2" meter) and wastewater facilities that serve such Nonresidential (2" meter) Meter $2,464 $6,680 $9,144 developments. It is further the intent of this Ordinance to use the impact fees to Nonresidential (3" meter) Meter $4,928 $13,360 $18,288 implement the City's Comprehensive Land Use Plan and future plan updates and to Nonresidential (4" meter) Meter $7,700 $20,875 $28,575 implement the City's Five Year Capital Improvements Program. Nonresidential (6" meter) Meter $15.400 $41 ,750 $57,150 CD159:1 Fayetteville Code of Ordinances Nonresidential (8" meter) Meter $24,640 $66,800 $91 ,440 Habitat for Humanity, Housing and Urban Development housing loans and Nonresidential (10" meter) Meter $35.420 $96,025 $131 ,445 similar programs designed to provide affordable, owner-occupied, single family residences to low income (2) Redevelopment, Reconstruction, Change of individuals and non-profit multi-family Use. In the event of a redevelopment, supportive housing shall be exempted reconstruction or change of use from an from payment of impact fees pursuant to existing development or use, the fee shall be this ordinance by the Impact Fee the difference between what the fee would Administrator. be for the entire redevelopment or reconstruction project and what the fee (b) Appeal. A person aggrieved by the would have been for the existing Impact Fee Administrator's refusal to development or use. Enlargement of a grant an Affordable Housing Exemption single family home will not require any may appeal the denial to the Planning impact fee. Commission. (3) Mixed Use. If the proposed development (E) Use of Fees. includes a mix of the residential land uses and/or nonresidential meter sizes that are (1 ) Establishment of Accounts. An Impact Fee listed in the impact fee schedule, the fee Fund that is distinct from the General Fund shall be determined by adding up all the of the City is hereby created, and the impact water and wastewater impact fees that would fees received will be deposited in the be applicable for each residential land use following interest-bearing accounts of the type and/or nonresidential meter size as if it Impact Fee Fund: was a freestanding land use type. (a) Water Impact Fee Account, and (4) Fire Suppression / Low Pressure. It is the intent of this ordinance to base water and (b) Wastewater Impact Fee Account. wastewater impact fees on the typical usage in a new building or other facility. (2) Water Impact Fee Accounts. The Water Extinguishing of fires is not a part of typical Impact Fee Account shall contain only those usage; to allow adequate fire flow to water impact fees collected pursuant to this sprinklers and internal hydrants at some Ordinance plus any interest which may large and al-risk properties, it may be accrue from time to time on such amounts. necessary for fire protection purposes to install a larger water meter than would be (3) Wastewater Impact Fee Account. The necessary to meet day-to-day needs of that Wastewater Impact Fee Account shall facility. In addition, a larger meter may be contain only those wastewater impact fees required in areas of low water pressure than collected pursuant to this Ordinance plus any in areas of normal water pressure for the interest which may accrue from time to time same type of use. In those cases, it is the on such amounts. policy of the City that the impact fee for water and wastewater should be based on (4) Order of Use. Monies in each impact fee the meter size needed by that facility for its account shall be considered to be spent in typical usage, without regard to fire-flow or the order collected, on a first-in/first-out unusual pressure conditions. basis. (5) Irrigation. Any separate water meter (5) Use of Fees. The monies in each impact fee installed for irrigation purposes only shall not account shall be used only for the following: be included in the calculation of the wastewater impact fee. (a) Acquisition. To acquire land for and/or acquire or construct water or (6) Affordable Housing Exemption. wastewater system improvements of the type reflected in the title of the account (a) Single family and non-profit Multi- and as described in the Impact Fee family supportive housing. Study as well as extension of service to Construction of single family and non- new development paying an impact fee. profit multi-family supportive housing funded wholly or primarily by federal (b) Debt service. To pay debt service on Community Development Block Grants, any portion of any current or future non-profit service organizations such as general obligation bond issue or CD159:2 TITLE XV UNIFIED DEVELOPMENT CODE revenue bond issue used to finance Ord. No. 4113, § 1 , 8-18-98; Ord. 4323, 6-19-01 ; Ord. No. water or wastewater system 4447, §1 , 12-17-02; Ord. No. 4492, §159.02 C. 1 , 6-03-03; improvements of the type reflected in Ord. 4496 § 159.02 "F", 6-17-03; Ord. No. 4919, 9-05-06)- the title of the account that created or will create capacity to serve new 159.03 Police and Public Safety Impact development. Fees (c) As described in subsection F, Refunds. (A) Applicability (F) Refunds. ( 1 ) The following provisions shall apply to all of the territory within the City's corporate city (1 ) The City of Fayetteville shall refund the limits, and any area near the corporate limits portion of collected development impact if specifically agreed by the owner. fees, including the accrued interest that has not been expended seven (7) years (2) The following types of development shall be from the date the fees were paid. required to pay a Police and Public Safety Interest shall be based on a four percent System Impact Fee: (4%) annual rate. (a) New development within one of the (2) A refund shall be paid to the present categories of development in Table A. owner of the property that was the subject of new development and against (b) Redevelopment involving the which the fee was assessed and construction of one or more collected. additional units within one of the categories of development in Table A. (3) Notice of the right to a refund, including the amount of the refund and ' the (B) Intent procedure for applying for and receiving the refund, shall be sent or served in ( 1 ) The intent of the Police and Public Safety writing to the present owners of the System Impact Fee is to offset costs to the property no later than thirty (30) days City of Fayetteville taxpayers that are after the date which the refund becomes reasonably attributable to providing due. The sending by regular mail of the necessary police and public safety facilities notices to all present owners of record to new development. shall be sufficient to satisfy the requirement of notice. (2) This impact fee charged to new development is to generate revenue for funding or (4) The refund shall be made on a pro rata recouping expenditures of the City of basis, and shall be paid in full no later Fayetteville that are reasonably attributable than ninety (90) days after the date to the use and occupancy of the new certain upon which the refund becomes development. due. (3) This impact fee is to be collected and (5) At the time of payment of the water or expended only for the planning, design or wastewater impact fee under this construction of new police and public safety Ordinance, the Impact Fee system facilities or of capital improvements Administrator shall provide the applicant to existing police and public safety system paying such fee with written notice of public facilities that expand their capacity or those circumstances under which for the recoupment of prior capital refunds of such fees will be made. improvements to such public facilities that Failure to deliver such written notice created capacity available to serve new shall not invalidate any collection of any development. impact fee under this Ordinance." (4) The intent of this impact fee requirement is (Code 1965, §§17B-3(c); 17B-7(k), 18-27, App. A., Art. 9(6), to ensure that new development bears a 10(2), 11 , App. C., Art. II, §E; Ord. No. 1747, 6-29-70: Ord. proportionate share Of a the costs of capacity No. 1790, 3-15-71 ; Ord. No. 1893, 12-19-72: Ord. No. 2198. Improvements t0 the police and public Safety 2-17-76; Ord, No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Ord. No. 2581 , 12-4-79; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9- system facilities, but also to ensure that this 20-83; Ord. No. 3230, 11-8-86: Ord. No. 3298, 10-6-87; proportional share does not exceed the costs Code 1991 , §§98.62, 158.22, 158.45, 159.15, 160.172, of the demand for additional capacity in 160.195, 160.197; Ord. No. 3716, §2, 6-15-93; Ord. No. public facilities that is reasonably attributable 3925, §4, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; to providing these facilities to the use and CD159:3 Fayetteville Code of Ordinances occupancy of that new development. Office/Institutional 1000 sq. ft. $388 (5) This police and public safety system impact Nursing Home 1000 sq. ft. $167 fee is based upon previous and current City Five Year Capital Improvement Project Church 1000 sq. ft. $136 documents approved annually by City Council Resolution and level of service Industrial 1000 sq. ft. $244 standards adopted within the Police Impact Fee Study of June 2004 and elsewhere by Warehouse 1000 sq. ft. $155 the City Council. Pages 27 through 32 of the Impact Fee Study are incorporated herein Mini-Warehouse 1000 sq. ft. $ 29 and attached as Exhibit 1 to explain the methodology and formulas for the Police and Public Safety System Impact Fees, the levels of services and increases in capacity (2) Redevelopment, Reconstruction, Change of needed for the Police and Public Safety Use. In the event of a redevelopment, System. reconstruction or change of use from an existing development or use, the fee shall be (6) It is not the intent of this section that any the difference between what the fee would monies collected for the police and public be for the entire redevelopment or safety system impact fee ever be reconstruction project and what the fee commingled or ever be used for a type of would have been for the existing facility different from that for which the fee development or use. Enlargement of a was paid. No impact fee revenue may be single family home will not require any used for operational expenses. impact fee. (C) Time of Collection (3) Mixed Use. If the proposed development includes a mix of the residential, commercial, This impact fee shall be paid to the City by the owner industrial or other uses listed in the impact of the property before a certificate of occupancy is fee schedule, the fee shall be determined by issued for the new development or at the closing on adding up all the police and public safety the property by the purchasing owner. impact fees that would be applicable for each use type as if it was a freestanding land (D) Fee Determination use type. (1 ) Police and Public Safety System Impact Fee (4) Affordable Housing Exemption. Table. (a) Single family and non-profit Multi- The Impact Fee Administrator shall family supportive housing. determine the correct amount of the Police Construction of single family and non= and Public Safety System Impact Fee by use profit multi-family supportive housing of Table A and information about the type funded wholly or primarily by federal and size of the new development. Community Development Block Grants, non-profit service organizations such as TABLE A Habitat for Humanity, Housing and Urban Development housing loans and POLICE AND PUBLIC SAFETY similar programs designed to provide SYSTEM IMPACT FEES affordable, owner-occupied, single family residences to low income Land Use Unit Impact individuals and non-profit multi-family Fee supportive housing shall be exempted Single-Family Dwelling $223 from payment of impact fees pursuant to Detached this ordinance by the Impact Fee Multi-Family Dwelling $162 Administrator. Mobile Home Park Pad $239 (b) Appeal. A person aggrieved by the Impact Fee Administrators refusal to Hotel/Motel Room $428 grant an Affordable Housing Exemption may appeal the denial to the Planning Retail/Commercial 1000 sq. ft. $605 Commission. (E) Use of Fees. CD159:4 TITLE XV UNIFIED DEVELOPMENT CODE (H) Refunds. (1) Establishment of Accounts. A Police and Public Safety Impact Fee Fund that is ( 1 ) The City of Fayetteville shall refund the distinct from the General Fund of the City is portion of collected development impact hereby created, and the impact fees fees, including the accrued interest that has received will be deposited in this Police and not been expended seven (7) years from the Public Safety Impact Fee Account. date the fees were paid. Interest shall be based on a four percent (4%) annual rate. (2) Impact Fee Account. The Police and Public Safety Impact Fee Account shall contain only (2) A refund shall be paid to the present owner those Police and Public Safety impact fees of the property that was the subject of new collected pursuant to this Ordinance plus any development and against which the fee was interest which may accrue from time to time assessed and collected. on such accounts. (3) Notice of the right to a refund, including the (F) Order of Use. Monies in the Police and Public amount of the refund and the procedure for Safety impact fee account shall be considered to applying for and receiving the refund, shall be spent in the order collected, on a first-in/first- be sent or served in writing to the present out basis. owners of the property no later than thirty (30) days after the date which the refund (G) Use of Fees. The funds in the Police and Public becomes due. The sending by regular mail Safety Impact Fee account shall be used only for of the notices to all present owners of record the following: shall be sufficient to satisfy the requirement of notice. ( 1 ) The use of the Police and Public Safety System Impact Fees shall be to offset costs (4) The refund shall be made on a pro rata to the City of Fayetteville taxpayers that are basis, and shall be paid in full no later than reasonably attributable to providing ninety (90) days after the dale certain upon necessary police and public safety facilities which the refund becomes due. to new development. (5) At the time of payment of the Police and (2) This impact fee charged to new development Public Safety Impact Fee under this shall generate revenue for funding or Ordinance, the Police and Public Safety recouping expenditures of the City of Impact Fee Administrator shall provide the Fayetteville that are reasonably attributable applicant paying such fee with written notice to the use and occupancy of the new of those circumstances under which refunds development. of such fees will be made. Failure to deliver such written notice shall not invalidate any (3) This impact fee shall be collected and collection of any impact fee under this expended only for the planning, design or ordinance. construction of new police and public safety system facilities or of capital improvements (Ord. 4788, 11 -01 -05) to existing police and public safety system public facilities that expand their capacity or 159.04 Fire Protection System Impact for the recoupment of prior capital improvements to such public facilities that Fees created capacity available to serve new development. (A) Applicability (4) No monies collected for the Police and (1 ) The following provisions shall apply to all of Public Safety System Impact Fee shall ever the territory within the City's corporate city be commingled or ever be used for a type of limits, and any area near the corporate limits facility different from that for which the fee if specifically agreed by the owner. was paid. (2) The following types of development shall be (5) No impact fee revenue shall be used for required to pay a Fire Protection System operational expenses. Impact Fee: (6) All Police and Public Safety Impact Fee (a) New development within one of the revenues shall be spent in accordance with categories of development in Table A. subsection (B) Intent. (b) Redevelopment involving the CD159:5 Fayetteville Code of Ordinances construction of one or more additional operational expenses. units within one of the categories of development in Table A. (C) Time of Collection (B) Intent This impact fee shall be paid to the City by the owner of the property before a certificate of occupancy is ( 1 ) The intent of the Fire Protection System issued for the new development or at the closing on Impact Fee is to offset costs to the City of the property by the purchasing owner. Fayetteville taxpayers that are reasonably attributable to providing necessary Fire (D) Fee Determination Protection System facilities to new development. ( 1 ) Fire Protection System Impact Fee Table. The Impact Fee Administrator shall (2) This impact fee charged to new development determine the correct amount of the Fire is to generate revenue for funding or Protection System Impact Fee by use of recouping expenditures of the City of Table A and information about the type and Fayetteville that are reasonably attributable size of the new development. 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 1 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 CD159:6 TITLE XV UNIFIED DEVELOPMENT CODE TABLE A similar programs designed to provide _ affordable, owner-occupied, single FIRE PROTECTION SYSTEM family residences to low income IMPACT FEES individuals and non-prorit multi-family supportive housing shall be exempted Land Use Unit Impact from payment of impact fees pursuant to Fee this ordinance by the Impact . Fee Single-Family Dwelling $208 Administrator. Detached Multi-Family Dwelling $150 (b) Appeal. A person aggrieved by the Impact Fee Administrators refusal to Mobile Home Park Pad $222 grant an Affordable Housing Exemption may appeal the denial to the Planning Hotel/Motel Room $323 Commission. Retail/Commercial 1000 sq. ft. $457 (E) Use of Fees. Office/Institutional 1000 sq. ft. $293 (1) Establishment of Accounts. A Fire Protection System Impact Fee Fund that is Nursing Home 1000 sq. ft. $126 distinct from the General Fund of the City is hereby created, and the impact fees Church 1000 sq. ft. $102 received will be deposited in this Fire Protection System Impact Fee Account. Industrial 1000 sq. ft. $184 (2) Impact Fee Account. The Fire Protection Warehouse 1000 sq. ft. $117 System Impact Fee Account shall contain only those Fire Protection System impact Mini-Warehouse 1000 sq. ft. $ 22 fees collected pursuant to this Ordinance plus any interest which may accrue from time to time on such accounts. (2) Redevelopment, Reconstruction, Change of Use. In the event of a redevelopment, (F) Order of Use. Monies in the Fire Protection reconstruction or change of use from an System Impact Fee account shall be considered existing development or use, the fee shall be to be spent in the order collected, on a first- the difference between what the fee would in/first-out basis. be for the entire redevelopment or reconstruction project and what the fee (G) Use of Fees. The funds in the Fire Protection would have been for the existing System Impact Fee Account shall be used only development or use. Enlargement of a for the following: single family home will not require any impact fee. (1 ) The use of the Fire Protection System Impact Fees shall be to offset costs to the (3) Mixed Use. If the proposed development City of Fayetteville taxpayers that are includes a mix of the residential, commercial, reasonably attributable to providing industrial or other uses listed in the impact necessary Fire Protection System facilities to - fee schedule, the fee shall be determined by new development. adding up all the Fire Protection System impact fees that would be applicable for (2) This impact fee charged to new development each use type as if it was a freestanding land shall generale revenue for funding or use type. recouping expenditures of the City of Fayetteville that are reasonably attributable (4) Affordable Housing Exemption. to the use and occupancy of the new development. (a) Single family and non-prorit multi- family supportive housing. (3) This impact fee shall be collected and Construction of single family and non- expended only for the planning, design or profit multi-family supportive housing construction of new Fire Protection System funded wholly or primarily by federal facilities or of capital improvements to Community Development Block Grants, existing Fire Protection System public non-profit service organizations such as facilities that expand their capacity or for the Habitat for Humanity, Housing and recoupment of prior capital improvements to Urban Development housing loans and such public facilities that created capacity CD159:7 Fayetteville Code of Ordinances available to serve new development. (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. (Ord. 4789, 11-01-05) 159.05-159.99 Reserved CD159:8