HomeMy WebLinkAboutOrdinance 5206 ORDINANCE NO. 5206
AN ORDINANCE TO AMEND § 151 .02 DEFINITIONS,
§ 155 .06 APPEALS FROM STAFF INTERPRETATIONS,
§ 159.02 WATER AND WASTEWATER IMPACT FEES,
§ 159.03 AND § 159.04 OF THE UNIFIED DEVELOPMENT
CODE
WHEREAS, Duncan and Associates conducted an impact fee study pursuant to A.C.A. §
14-56- 103 to update the existing 2002 calculated water and wastewater impact fees and
presented its findings to the City Council on February 27, 2008 ; and
WHEREAS, after public hearings and consultations with representatives of the cities that
use our water or wastewater facilities, the City Council Sewer Committee on August 26, 2008
approved the new impact fee study and a phase in of the increases for the water and wastewater
impact fees; and
WHEREAS, the City Council approves and adopts the new water and wastewater impact
fee study and finds that it is in compliance with A.C.A. § 14-56-103 Development impact fees.
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
§ 151 .02 Definitions of the Unified Development Code by amending the definition of
Connection to read as follows:
"(Water and Wastewater Impact Fees) The physical tie-in of a
private water or wastewater service system to the City of
Fayetteville's public water or wastewater system. For the purposes
of the impact fee ordinance, the physical tie-in shall occur upon the
installation of a water meter."
Section 2: That the City Council hereby amends § 155.06 (A) Appeals from Staff
Interpretations/Actions by enacting and adding a new subsection (4) as follows:
"(4) Impact Fee Administrator. Any person aggrieved by any
decision of the Impact Fee Administrator made in the enforcement
or administration of Chapter 159 Fees.
Page 2
Ord. No. 5206
Section 3 : That the City Council of the City of Fayetteville, Arkansas, hereby amends
§ 159.02 Water and Wastewater Impact Fees by removing all current language and tables of
the current fees and enacting a replacement § 159.02 Water and Wastewater Impact Fees as
shown on Exhibit "A" attached hereto and adopted as if set forth word for word.
Section 4: That the City Council of the City of Fayetteville, Arkansas, hereby amends
§ 159.03 Police and Public Safety Impact Fees and § 159.04 Fire Protection System Impact
Fees by repealing and removing subsection (D)(4)(b) Appeal from both sections.
Section 5 : That the City Council of the City of Fayetteville, Arkansas, hereby determines
that this ordinance shall go into full force and effect on March 31 , 2009.
G\TYp,F
PASSED and APPROVED this 16th day of December, 2008 . a .
; FAYETTEVILLE ; =
APPROVED ATTEST: 9 5 �� '
a,9s .?kANSP.J�
04; GTON
By: By: &442(�U
DA COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
• EXHIBIT A •
159.02 Water And Wastewater Impact
Fees (2) It is not the intent of this Ordinance to
collect any money from any
(A) Applicability, development in excess of the actual
amount necessary to offset demands
(1 ) The following provisions shall apply to generated by that development for the
all of the territory within the City's water water and wastewater facilities for which
and wastewater service areas, including the fee was paid.
areas outside the corporate city limits (3) It is not the intent of this Ordinance that
and within service areas located within
Washington County and other any monies collected for the water incorporated cities after June 16, 2003. impact fee and the wastewater impactfee ever be commingled or ever be used
(2) The following types of development for a type of facility different from that for
shall be required to pay a water and/or which the fee was paid.
wastewater impact fee: (C) Time of Collection
(a) New and existing development (1) Water and wastewater impact fees shall
seeking new connection the be paid at the time of installation of the
City's water wastewater system water meter serving the property or of
resulting in inc
reased demand from
water and/or wastewater facilities. the connection to the wastewatersystem, whichever comes first.
This shall not apply to existing
development that is connecting to
the wastewater system in order to (2) Development projects which have
eliminate an individual sewage obtained building permits prior to the
disposal system. effective date of this ordinance shall not
have to pay impact fees if the building is
(b) New and existing development as completed with water and sewer hook-
stated in (a) above seeking a new ups installed and certificate of
connection to the system of a occupancy issued no later than six (6)
wholesale customer of the City's months from the effective date of this
water or wastewater system, where ordinance.
collection of the City's impact fee is (D) Fee Determination
required by the City's contract with
the wholesale customer.
(1 ) Schedule of Fees. The Impact Fee
(c) Nonresidential or residential Administrator shall determine the
redevelopment seeking a larger amount of the water and wastewater
capacity or additional water meter. impact fees for residential uses based
on the type or size of the water meter
(B) Intent and for nonresidential uses based on
the size of the water meter using the
(1) The intent of wastewater and water following schedule:
impact fees is to ensure that new
development bears a proportionate Waste-
share of the cost of improvements to the Land Use Unit Water Water Total
City's water and wastewater systems, to Single-Family Dwelling $971 $872 $1 ,843
ensure that the proportionate share (average)
does not exceed the cost of providing Multi-Family Dwelling $691 $620 $1 ,311
water and wastewater facilities to the (per dwelling unit)
development that paid the fee; and to Nonresidential Meter $971 $872 $1 ,843
ensure that funds collected from (5/8" x 314" meter)
developments are used to construct Nonresidential
water and wastewater facilities that (1" meter) Meter $2,428 $2,180 $4,608
serve such developments. It is further Nonresidential
the intent of this Ordinance to use the (1-1/21, meter) Meter $4,855 $4,360 $9,215
impact fees to implement the City's
Comprehensive Land Use Plan and Nonresidential Meter $7,766 $6,976 $14,744
future plan updates and to implement (2" meter)
the City's Five Year Capital Nonresidential Meter $15,536 $13,952 $29,488
Improvements Program. (3" meter)
• EXHIBIT A •
Nonresidential Meter $24275 $21800 $46075 shall not be included in the calculation of
(4" , , ,
meter) the wastewater impact fee.
Nonresidential Meter $48,550 $43,600 $92,150
(6" meter) (6) Affordable Housing Exemption.
Nonresidential Meter $77,680 $69,760 $147,440 (a) Single family and non-profit multi-
( "8meter) family supportive housing.
No Meter $117 ,665 $100,280 $211 ,945 Construction of single family and
(10" meter) non-profit multi-family supportive
housing funded wholly or primarily
(2) Redevelopment, Reconstruction, by federal Community Development
Change of Use. In the event of a Block Grants, non-profit service
redevelopment, reconstruction or organizations such as Habitat for
change of use from an existing Humanity, Housing and Urban
development or use, the fee shall be the Development housing loans and
difference between what the fee would similar programs designed to
be for the entire redevelopment or provide affordable, owner-occupied,
reconstruction project and what the fee single family residences to low
would have been for the existing income individuals and non-profit
development or use. Existing multi-family supportive housing
development must be connected to the shall be exempted from payment of
water or wastewater system at the time impact fees pursuant to this
of redevelopment in order to apply this ordinance by the Impact Fee
credit. Administrator.
(3) Mixed Use. If the proposed (7) Master Meters. In the event that a water
development includes a mix of the master meter is utilized for any
residential land uses and/or development including multi-family or
nonresidential meter sizes that are listed mixed use, the fee shall be based on the
in the impact fee schedule, the fee shall Master Meter size
be determined by adding up all the
water and wastewater impact fees that (E) Use of Fees.
would be applicable for each residential
land use type and/or nonresidential (1 ) Establishment of Accounts. An Impact
meter size as if it was a freestanding Fee Fund that is distinct from the
land use type. General Fund of the City is hereby
created, and the impact fees received
(4) Fire Suppression / Low Pressure. It is will be deposited in the following
the intent of this ordinance to base interest-bearing accounts of the Impact
water and wastewater impact fees on Fee Fund:
the typical usage in a new building or
other facility. Extinguishing of fres is (a) Water Impact Fee Account, and
not a part of typical usage; to allow
adequate fire flow to sprinklers and (b) Wastewater Impact Fee Account.
internal hydrants at some large and at-
risk properties, it may be necessary for (2) Water Impact Fee Accounts. The Water
fire protection purposes to install a Impact Fee Account shall contain only
larger water meter than would be those water impact fees collected
necessary to meet day-to-day needs of pursuant to this Ordinance plus any
that facility. In addition, a larger meter interest which may accrue from time to
may be required in areas of low water time on such amounts.
pressure than in areas of normal water
pressure for the same type of use. In (3) Wastewater impact Fee Account. The
those cases, it is the policy of the City Wastewater Impact Fee Account shall
that the impact fee for water and contain only those wastewater impact
wastewater should be based on the fees collected pursuant to this
meter size needed by that facility for its Ordinance plus any interest which may
typical usage, without regard to fire-flow accrue from time to time on such
or unusual pressure conditions. amounts.
(5) Irrigation. Any separate water meter (4) Order of Use. Monies in each impact
installed for irrigation purposes only fee account shall be considered to be
• EXHIBIT A •
spent in the order collected, on a first- the date certain upon which the
in/first-out basis. refund becomes due.
(5) Use of Fees. The monies in each (5) At the time of payment of the water
impact fee account shall be used only or wastewater impact fee under this
for the following: Ordinance, the Impact Fee
Administrator shall provide the
(a) Acquisition. To acquire land for applicant paying such fee with
and/or acquire or construct water or written notice of those
wastewater system improvements circumstances under which refunds
of the type reflected in the title of of such fees will be made. Failure
the account and as described in the to deliver such written notice shall
Impact Fee Study as well as not invalidate any collection of any
extension of service to new impact fee under this Ordinance."
development paying an impact fee.
Ord. No. 4447, §1 , 12-17-02; Ord. No. 4492, §159.02
(b) Debt service. To pay debt service C. 1 , 6-03-03; Ord. 4496 § 159.02 °F", 6.17-03; Ord. No.
on any portion of any current or 4919, 9-05-06; Ord. 4975, 1-16-07).
future general obligation bond issue
or revenue bond issue used to
finance water or wastewater system
improvements of the type reflected
in the title of the account that
created or will create capacity to
serve new development.
(c) As described in subsection F,
Refunds.
(F) Refunds.
(1) 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
potD
�
City of Fayetteville . • / a16 X08
Staff Review Form
City Council Agenda Items n �y,�
or `+ ,nCAI (-�7lPkjr5
Contracts
! !6 zoo$
City Council Meeting Date
Ron Petrie Engineering Operations
Submitted By Division Department
Action Required:
An ordinance amending Chapter 159.02: Water and Wastewater Impact Fees, Chapter 151 .02: Definitions, and
Chapter 155.06: Appeals of the City Unified Development Code (Title XV ) in order to increase the fees and
provide clarifications to the Water & Wastewater Impact Fee Ordinance.
N/A N/A N/A
Cost of this request Category / Project Budget Program Category / Project Name
N/A N/A N/A
Account Number Funds Used to Date Program / Project Category Name
N/A N/A NIA
Project Number Remaining Balance Fund Name
Budgeted Item rX Budget Adjustment Attached
Previous Ordinance or Resolution #
epartment Director Date Original Contract Date:
Original Contract Number:
City Attorney Date
Received in City Clerk's Office
Q . 5� ,�, _ t o -IZ-off I U- I�-U49 ENTERED
Finance and Internal Service Director Date
Received in Mayor's Office
Mayor Date
Comments:
City Council Meeting of November 4, 2008
As a comparison, the following shows the current impact fees and the maximum that
could be charged for single-family residential :
EXISTING MAXIMUM
PER REPORT
WATER $308.00 $3;072.00
SEWER $835.00 $2,631 .00
TOTALS $ 1 , 143 .00 $5,703 .00
DISCUSSION :
This information was presented to the Water & Sewer Committee on numerous occasions
for discussion. On August 26, 2008 the Water & Sewer Committee approved a concept
to phase these fee increases in over a multi year period. For the first phase of increases, it
was recommended that the water impact fee be increased $663 .00 and the sewer impact
fee be increased $37.00 in 2009 for a single-family residential meter. It was also
discussed that these increases be evaluated on a yearly basis to determine if the next
phase of increases be approved or be postponed. As a comparison, the table below gives
a summary of the current & proposed impact fees for Fayetteville and the surrounding
municipalities for a single-family residential :
.Impact Fayetteville Fayetteville Springdale Rogers Bentonville Conway
Fees Existin Proposed
Water $308 $971 $0 $ 1 ,000 $ 13457 $0
Sewer $835 $872 $0 $2,500 $ 1 , 139 $0
Fire $ 150 $150 $0 $0 $762 $0
Police $ 162 $162 $0 1 $0 $66 $0
Roads $0 $0 $0 I $0 $898 $995
Parks $960 $960 $0 $0 $0 $639
Totals $2,415 $3115 $0 $3 ,500 $4,322 $ 1 ,634
The increases for each meter size is shown in the revised table in Section 159.02(D)( 1 ) of
the Water and Wastewater Impact Fee Ordinance.
In addition to the changes in the fee amounts, several items are proposed by the Water &
Sewer Impact Fee Administrator to be revised within the Ordinance in order to clarify the
ordinance and to simplify the enforcement of the ordinance. These proposed changes are
documented on the attachment.
BUDGET IMPACT:
This City Council item will have no impact on the budget.
0 0
City Council Meeting of November 4, 2008
CITY COUNCIL AGENDA MEMO,
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Date: October 17, 2008
Subject: An ordinance amending Chapter 159.02: Water and Wastewater Impact
Fees, Chapter 151 .02 : Definitions, and Chapter 155.06 Appeals of the City
Unified Development Code (Title XV) to provide clarifications to the
Water & Sewer Impact Fee Ordinance and to increase the water and
sewer impact fees.
RECOMMENDATION :
The staff recommends approval of the ordinance revisions in order to provide
clarifications that will simplify the enforcement of the Water & Sewer Impact Fee
ordinance. The Water & Sewer Committee has recommended to the full City Council to
implement the first increment of a potential multi-year phased-in increase for the water &
sewer impact fees. The Water & Sewer Committee also included a recommendation to
evaluate the fees on a yearly basis to determine if the next increment should be approved
for collection.
BACKGROUND:
On July 18, 2006 the City Council approved an amendment to the contract with Duncan
Associates in the amount of $ 110,000 of which $55,000 was paid by Fayetteville and the
remaining portion was paid by Elkins, Farmington, and Greenland. The purpose of this
study was to "update the existing 2002 calculated water and wastewater impacts to: 1 )
reflect current construction costs; 2) calculate impact fees for new capacity created as
part of the wastewater collection system; and 3) calculate specific impact fees for outside
jurisdictions served by the Fayetteville system.' The current water impact fee is based on
the 2002 estimated costs for the water transmission, storage, and distribution system and
the current sewer impact fee is based on the 2002 estimated costs for the planned 10
million gallons per day wastewater treatment plant capacity improvements.
The results of the Duncan & Associates study were provided to the City Council on
February 27, 2008 and presented at a public meeting on March 11 , 2008 to the City
Council along with representatives of the other municipalities that shared in the costs of
the study. The Study calculated a maximum impact fee that could be charged by all
governing bodies as shown on the following two sheets.
• EXHIBIT A , AW BUSIAW
159.02 Water And Wastewater Impact
Fees (2) It is not the intent of this Ordinance to
collect any money from any
(A) Applicability. development in excess of the actual
amount necessary to offset demands
(1 ) The following provisions shall apply to generated by that development for the
all of the territory within the City's water water and wastewater facilities for which
and wastewater service areas, including the fee was paid.
areas outside the corporate city limits
and within service areas located within (3) It is not the intent of this Ordinance that
Washington County and other any monies collected for the water
incorporated cities after June 16, 2003. impact fee and the wastewater impact
fee ever be commingled or ever be used
(2) The following types of development for a type of facility different from that for
shall be required to pay a water and/or which the fee was paid.
wastewater impact fee:
(C) Time olCollection
(a) New and existing development ( 1 ) Water and wastewater impact fees shall
seeking a new connection to the be paid at the time of installation of the
City's water or wastewater system water meter serving the property or of
resulting in increased demand from the connection to the wastewater
water and/or wastewater facilities. system, whichever comes first.
This shall not apply to existing
development that is connecting to
the wastewater system in order to (2) Development projects which have
eliminate an individual sewage obtained building permits prior to the
disposal system. effective date of this ordinance shall not
have to pay impact fees if the building is
(b) New and existing development as completed with water and sewer hook-
slated in (a) above seeking a new ups installed and certificate of
connection to the system of a occupancy issued no later than six (6)
wholesale customer of the City's months from the effective date of this
water or wastewater system, where ordinance.
collection of the City's impact fee is (D) Fee Determination
required by the City's contract with
the wholesale customer. (1 ) Schedule of Fees. The Impact Fee
(c) Nonresidential or residential Administrator shall determine the
redevelopment seeking a larger amount of the water and wastewater
capacity or additional water meter. impact fees for residential uses based
on the type or size of the water meter
(B) Intent and for nonresidential uses based on
the size of the water meter using the
(1 ) The intent of wastewater and water following schedule:
impact fees is to ensure that new
development bears a proportionate Waste-
share of the cost of improvements to the Land Use Unit Water Water Total
City's water and wastewater systems; to Single-Family Dwelling $971 $872 $1 ,843
ensure that the proportionate share (average)
does not exceed the cost of providing Multi-Family Dwelling $691 $620 $1 ,311
water and wastewater facilities to the (per dwelling unit)
development that paid the fee; and to Nonresidential Meter $971 $872 $1 ,843
ensure that funds collected from (5/8" x 3/4" meter)
developments are used to construct Nonresidential
water and wastewater facilities that (1" meter) Meter $2,428 $2,180 $4,608
serve such developments. It is further Nonresidential
the intent of this Ordinance to use the (1-1/2" meter) Meter $4,855 $4,360 $9,275
impact fees to implement the City's
Comprehensive Land Use Plan and Nonresidential Meter $7,768 $6,976 $14,744
future plan updates and to implement (2" meter)
the City's Five Year Capital Nonresidential Meter $15,536 $13,952 $29,488
Improvements Program. (3" meter)
• EXHIBIT A •
Nonresidential Meter $24,275 $21 ,800 $46,075 shall not be included in the calculation of
(4" meter) the wastewater impact fee.
Nonresidential Meter $48,550 $43,600 $92,150
(6" meter) (6) Affordable Housing Exemption.
Nonresidential Meter $77,680 $69,760 $147,440 (a) Single family and non-profit multi-
(8" meter)
family supportive housing.
Nonresidential Meter $111 ,665 $100,280 $211 ,945 Construction of single family and
(10" meter) non-profit multi-family supportive
housing funded wholly or primarily
(2) Redevelopment, Reconstruction, by federal Community Development
Change of Use. In the event of a Block Grants, non-profit service
redevelopment, reconstruction or organizations such as Habitat for
change of use from an existing Humanity, Housing and Urban
development or use, the fee shall be the Development housing loans and
difference between what the fee would similar programs designed to
be for the entire redevelopment or provide affordable, owner-occupied,
reconstruction project and what the fee single family residences to low
would have been for the existing income individuals and non-profit
development Or use. Existing multi-family supportive housing
development must be connected to the shall be exempted from payment of
water or wastewater system at the time impact fees pursuant to this
of redevelopment in order to apply this ordinance by the Impact Fee
credit. Administrator.
(3) Mixed Use. If the proposed (7) Master Meters. In the event that a water
development includes a mix of the master meter is utilized for any
residential land uses and/or development including multi-family or
nonresidential meter sizes that are listed mixed use, the fee shall be based on the
in the impact fee schedule, the fee shall Master Meter size
be determined by adding up all the
water and wastewater impact fees that (E) Use of Fees.
would be applicable for each residential
land use type and/or nonresidential ( 1 ) Establishment of Accounts. An Impact
meter size as if it was a freestanding Fee Fund that is distinct from the
land use type. General Fund of the City is hereby
created, and the impact fees received
(4) Fire Suppression / Low Pressure. It is will be deposited in the following
the intent of this ordinance to base interest-bearing accounts of the Impact
water and wastewater impact fees on Fee Fund:
the typical usage in a new building or
other facility. Extinguishing of fires is (a) Water Impact Fee Account, and
not a part of typical usage; to allow
adequate fire flow to sprinklers and (b) Wastewater Impact Fee Account.
internal hydrants at some large and at-
risk properties, it may be necessary for (2) Water Impact Fee Accounts. The Water
fire protection purposes to install a Impact Fee Account shall contain only
larger water meter than would be those water impact fees collected
necessary to meet day-to-day needs of pursuant to this Ordinance plus any
that facility. In addition, a larger meter interest which may accrue from time to
may be required in areas of low water time on such amounts.
pressure than in areas of normal water
pressure for the same type of use. In (3) Wastewater Impact Fee Account. The
those cases, it is the policy of the City Wastewater Impact Fee Account shall
that the impact fee for water and contain only those wastewater impact
wastewater should be based on the fees collected pursuant to this
meter size needed by that facility for its Ordinance plus any interest which may
typical usage, without regard to fire-flow accrue from time to time on such
or unusual pressure conditions. amounts.
(5) Irrigation. Any separate water meter (4) Order of Use. Monies in each impact
installed for irrigation purposes only fee account shall be considered to be
• EXHIBIT A •
spent in the order collected, on a first- the date certain upon which the
in/first-out basis. refund becomes due.
(5) Use of Fees. The monies in each (5) At the time of payment of the water
impact fee account shall be used only or wastewater impact fee under this
for the following: Ordinance, the Impact Fee
Administrator shall provide the
(a) Acquisition. To acquire land for applicant paying such fee with
and/or acquire or construct water or written notice of those
wastewater system improvements circumstances under which refunds
of the type reflected in the title of of such fees will be made. Failure
the account and as described in the to deliver such written notice shall
Impact Fee Study as well as not invalidate any collection of any
extension of service to new impact fee under this Ordinance."
development paying an impact fee.
Ord. No. 4447, §1 , 12-17-02; Ord. No. 4492, §159.02
(b) Debt service. To pay debt service C.1 , 6-03-03: Ord. 4496 § 159.02 "F", 6-17-03; Ord. No.
on any portion of any current or 4919, 9-05-06; Ord. 4975, 1-16-07).
future general obligation bond issue
or revenue 'bond issue used to
finance water or wastewater system
improvements of the type reflected
in the title of the account that
created or will create capacity to
serve new development.
(c) As described in subsection F,
Refunds.
(F) Refunds.
( 1 ) 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
Executive Summary
Table 1
MAXIMUM WASTEWATER IMPACT FEES
Fayetteville and Related Service Areas
l7mettemlle I Farmingtort I Elkins I Greartlartd
System lurprovvrvrts
Sigle-Fam9y (average) 51,247 $1247 $1,247 $1,247
Single-Famry Variable Rate
SuVg FemiN, up to 1,300 square feet $1,028 $1,028 $I'M $1028
Single,Family, 1,301 to 1,700 square feet $1,299 51199 $1,299 $1199
Single Family, 1,701 to 2.300 selene feet $1,466 51466 $1,466 $1,466
Single-Family, more Oran 2,300 square feet $1,643 S1,643 51,643 $1,643
MON-Family $887 $887 5887 $887
Moble Home 51,247 $1,247 $1,247 $1,247
Nomesiderod
5I8"x 3fC meter $1,247 $1,247 $1,247 $1,247
1" meter $3,117 53,117 53,117 53,117
117 meter $6,235 Km $6,235 $6,235
2- mom $9,976 S9,976 $9,976 $9,976
$' meter $19,951 $19,951 $19,951 $19,951
4" meler $31,174 $31,174 $31,174 $31,174
6"meter $62,348 $62,348 $62,348 $62,348
B"mow $99.757 $99,757 .$99.757 $93,757
10" meter $143,401 $143,401 $143,401 $143,401
Local Irrprovemems
SingleFamiy (aterage) $1,385 51,551 $2.447 $2,351
Single-Family Variable Rate
Silgle-Family, up to 1,300 square feet $1,141 $1279 $2,017 $1,938
Siigle,Family, 1,301 to 1700 square feel 51,442 $1,616 $2,549 52449
Silgle�Famity, 1,701 to 2.303 square feel $1,628 51624 $2,877 52,764
SirgbFamily, move pan 2,300 severe feel $1,925 $2,045 $3125 53,099
MulliFomily 5985 $1103 $1,740 $1,672
Media Home $1,385 $1,551 $2,447 52,351
NonresldeMial
518" x314" meter $1,385 $1551 $2,447 52,351
1--meter $3461 53,878 $6,117 $5,877
117muler $6,923 $7,757 $12,234 $11755
Z'meter $11,076 $12,411 $19,575 $18,808
F auger $22,152 $24,821 $39,150 $37,615
!"meter $34,613 $38783 $61,172 $58,774
6" meta $69,226 577,556 $122,345 5117,548
9, motor $110,762 $124,106 $195,752 $/88077
10"meter 5159,220 $178,403 $281,393 $270,350
Total
SirglaFemiN(average) $2,631 $2,798 53694 53,598
ShoeFamiN VarmNe Rale
Sirgp Family, up to 1,300 square feet 52.169 52,307 53,045 52,965
SirgleFamtly, 1301 to 1.700 square feet $2,742 $2,915 53.848 $3,748
Single-Fanry, 1,701 to 2.330 square feel Mee 53,290 54,343 $4,230
Singly amry, more Ow 2,300 square feet $6468 53.688 $4,868 54,742
Multi-Family $1672 $1.990 52,627 $2,559
Moore Home 52,631 $2798 $3,694 $3,598
NnovesNercal
50X V4.meter $2,631 52,798 $3,694 $3,598
1" meter $6,579 $6,995 $9,235 $8,9%
1 ler meter $13,157 $13,991 $18,469 $17,990
Treater $21,052 $22,386 $29,551 $28,783
3'Meer $42,104 $",T73 559,102 $57,567
!"meter $65,787 $69.957 $92,347 s8sM
6"meter $131,574 $139,915 5184,693 $179,896
8" meler $210,519 $223,864 $295,509 5297,834
Ur meter $302621 5321,804 $424794 5413.762
Source - System improvements, local improvements and total, from Table 21 , Table 22 and Table 23.
Page 2 City of Fayetteville Capital Plan and Impact Fee Analysis - November 15, 2007
Executive Summary
Table 2
MAXIMUM WATER IMPACT FEES
Fayetlerlle mud Rebled Service Areas
NI
Elkins
exdur7i Elkins
System Improvements
SingleFamly (average)
$2,414
$2.414
Shgle-Famly Variable Rate
Singk.Famlly, uc to 1,300 square feet
$1,990
$1.990
SingleFamly, 1.301 to 1.700 square feet
$2.515
$2,515
ShgleFamily. 1.701 to 2.300 square feet
$2.838
$2.838
SigkFemiy. morethai 2,300 Square feel
$3,182
$3.162
Mutt4Famly
$1,717
$1,717
Mobile Home
$2,414
$2.414
NolxesIaentlat
5/'x3(4'meter
$2.414
$2,414
1"meter
$6,035
$6,035
11/7' meter
$12070
$12,070
meter
$19,312
$19.312
3' mete,
$38.623
$38,623
4'mele
$60,349
$60,349
6"meter
$120.698
$120,698
6meter
$193,117
$193,117
10meter
$277,605
$277,605
Local Improvements
Side-Famiy(overage)
$658
$1.204
Si aeeFarniy Variatk Rate
SBgeFamiy, up to 1,300 square feel
$542
$992
Sigle-Family, 1,301 to 1,700 square feet
$665
$1,254
Sigle-Family, 1,701 to 2.300 square feet
$773
$1,416
Shgle-Famly, more than 2,300 square feet
$867
$1,587
MulliFemiy
$468
$856
Mobile Home
$658
$1,204
Norvesidential
5/'x3'4"meta
$658
$1,204
1"meter
$1644
$3,010
1112'meter
$3.288
$6,020
T meter
$5,261
$9,633
3" meter
$10,522
$19,266
4" meter
$16,440
. $30,102
6' meter
$32,880
$60.205
it meter
$52,608
$96,328
10'meler
$75,624
$138,471
Total
SugieFamiy(everege)
$3,072
$3,618
SingleFemly Variable Rate
Shgle-Family, up 10 1300 square feel
$2532
$2982
Sigh-Famly, 1,301 to 1,700 square feet
$3.200
$3,769
5igte-Family, 1,701 to 2.300 square feet
$3,611
$4,254
Shgte-Famly, more than 2,300 square feel
$4.048
$4,769
MuttiFamily
$2,185
$2,574
Mobile Hare
$3,072
$3.618
Norresidential
518"x3'4"rrater
$3072
$3,618
1" meta
$7,679
$9.045
112'mete
$15,358
$18,090
2" meter
$24,573
$28,944
3'meter
$49,145
$57,889
4"meler
$76,789
$90,451
6'meter
$153,578
$180,903
8' meter
$245,725
$289,445
10'meter
$353,230
$416,077
Source - System improvements, local improvements and total, from Table 41; Table 42 and Table 43.
City of Fayetteville Capital Plan and Impact Fee -Analysis - November 15, 2007 Page 3
ORDINANCE NO.
AN ORDINANCE TO AMEND §151.02 DEFINITIONS, §155.06
APPEALS FROM STAFF INTERPRETATIONS, § 159.02 WATER
AND WASTEWATER IMPACT FEES, §159.03 AND §159.04
OF THE UNIFIED DEVELOPMENT CODE
WHEREAS, Duncan and Associates conducted an impact fee study pursuant to A.C.A.
§14-56-103 to update the existing 2002 calculated water and wastewater impact fees and
presented its findings to the City Council on February 27, 2008; and
WHEREAS, after public hearings and consultations with representatives of the cities that
use our water or wastewater facilities, the City Council Sewer Committee on August 26, 2008
approved the new impact fee study and a phase in of the increases for the water and wastewater
impact fees; and
WHEREAS, the City
Council approves
and
adopts the new
water and wastewater impact
fee study and finds that it is in
compliance with
A.C.A.
§ 14-56-103
Development impact fees.
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
§151.02 Definitions of the Unified Development Code by amending the definition of
Connection to read as follows:
"(Water and Wastewater Impact Fees) The physical tie-in of a private
water or wastewater service system to the City of Fayetteville's public
water or wastewater system. For the purposes of the impact fee
ordinance, the physical tie-in shall occur upon the installation of a water
meter."
Section 2: That the City Council hereby amends §155.06 (A) Appeals from Staff
Interpretations/Actions by enacting and adding a new subsection (4) as follows:
"(4) Impact Fee Administrator. Any person aggrieved by any decision
of the Impact Fee Administrator made in the enforcement or administration
of Chapter 159 Fees.
Section 3: That the City Council of the City of Fayetteville, Arkansas, hereby amends
§159.02 Water and Wastewater Impact Fees by removing all current language and tables of
the current fees and enacting a replacement §159.02 Water and Wastewater Impact Fees as
shown on Exhibit "A" attached hereto and adopted as if set forth word for word.
Section 4: That the City Council of the City of Fayetteville, Arkansas, hereby amends
§159.03 Police and Public Safety Impact Fees and § 159.04 Fire Protection System Impact
Fees by repealing and removing subsection (D)(4)(b) Appeal from both sections.
PASSED and APPROVED this 16th day of December, 2008.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
159,02 Water And Wastewater Impact Comprehensive Land Use Plan and
Fees future plan updates and to implement
the City's Five Year Capital
Improvements Program.
(A) Applicability.
(2) It is not the intent of this Ordinance to
(1) The following provisions shall apply to
collect any money from any
all of the territory within the City's water
tual
and wastewater service areas, including development in excess sothe sands
areas outside the corporate city limits generated amount necessary ary ato offset t for the
and within service areas located within atthat development which
ch
Washington County and other water and wastewater facilities for
incorporated cities after June 16, 2003. the fee was paid.
(3) It is not hie intent of this Ordinance that
(2) The following types of development niqs collected for the water
shall be required to pay a water and/or any moonie
wastewater impact fee: impe't fee and the wastewater impact
fee ever be commingled or ever be used
fo a typ o� facility different from that for
(a) New and existing development —.
seeking a new connection to the which the�ee was paid.
City's water or wastewater system (me of Collection
resulting in increased demand from
water and/or wastewater facilities. (1) Water and wastewat r i act fees shall
This shall not apply to existing ,F -•e ,p,
development that is connecting to be paid at the serving n the
f iesprope t of the
the wastewater system in order to
�tei meter tproperty or of
connection to the wastewater
eliminate an individual sewage the
disposal system. system, whichever comes first.
(b) New and existing developm7an
as (2) Development projects which have
stated in (a) above seeking obtainedbuilding permits pr or to the
eIf .1' ie date of this ordinance shall not
connection to the system have,to pay impact fees if the building is
wholesale customer of the water or wastewater syste cups installed and certificate ompleted w th water and sewer hook -
collection City's imp ct fee is occupancy issued no later than
�f thee six (6)
required byhe City's coritract with months from the effective date of this
the wholesale•customer, ordinance. IA ;.. �_ ___�+;I _(c) Rosidontial rnent (D) Fee Determination
rapacity or additidraat water meter
(B) Intent
(1) The intentTofjw`astewater and water
impact fees "is 1:67ensure that new
development bears a proportionate
share of the cost of improvements to the
City's water and wastewater systems; to
ensure that the proportionate share
does not exceed the cost of providing
water and wastewater facilities to the
development that paid the fee; and to
ensure that funds collected from
developments are used to construct
water and wastewater facilities that
serve such developments. It is further
the intent of this Ordinance to use the
impact fees to implement the City's
(1) Schedule of Fees. The Impact Fee
Administrator shall determine the
amount of the water and wastewater
impact fees for residential uses based
on the type or size of the dwelling unit
water meter and for nonresidential uses
based on the size of the water meter
using the following schedule:
Waste -
Land Use
Unit
Water
Water
Total
Single -Family
Dwelling
$308
$835
$1143
(average)
$971
$872
$1,843
Multi -Family
Dwelling
$248
$693
$8 4-2
(per dwelling unit)
$691
$620
$1,311
Nonresidential
Meter
$308
$835
$143
(5/8" x 3/4" meter)
$971
$872
$1,843
Nonresidential
Meter
$7-70
$2,088
$2.858
(1" meter)
$2,428
$2,180
$4,608
Nonresidential
Meter
$1540
$1,176
$5;x15
(1-1/2" meter)
$4,855
$4,360
$9,215
Nonresidential
Meter
$2-064
$6280
$8444
(2" meter)
$7,768
$6,976
$14,744
Nonresidential
Meter
$4`628
$7`3'`360
$38288
(3" meter)
$15,536
$13,952
$29,488
Nonresidential
Meter
$7,7O0
$20,875
$28,575
(4" meter)
$24,275
$21,800
$46,075
Nonresidential
Meter
$3`5-080
$41`750
$57'760
(6" meter)
$48,550
$43,600
$92,150
Nonresidential
Meter
$24`640
$66`800
$01,110
(8" meter)
$77,680
$69,760
$147,440
Nonresidential
Meter
$35`42,1
$96,025
$133-045
(10" meter)
$111,665
$100,280
$211,945
(2) Redevelopment, Reconstruction,
Change of Use. In the event of a
redevelopment, reconstruction or
change of use from an existing
development or use, the fee shall be the
difference between what the fee would
be for the entire redevelopment or
reconstruction project and what the fee
would have been for the existing
development or use. €mlargoment of a
impact fop. Existing development must
be connected to the wa( r
wastewater system at the tii1e of
redevelopment in order to appl tFi,s
credit.
(3) Mixed Use. )$e proposed,
development inGudes a •mix of the
residential la d1 uses and/or
nonresidential teeter sizes that are listed
in the impacFfee schedule, the fee shall
be determined bviaddin. up 'all: the
r size a:
use type.
(4) Fire uppression / Low Pressure`'. It is
the in'lent of this ordinance to base
water an wastewater impact fees on
the typical usage in a new building or
other facility. Extinguishing of fires is
not a part of typical usage; to allow
adequate fire flow to sprinklers and
internal hydrants at some large and at -
risk properties, it may be necessary for
fire protection purposes to install a
larger water meter than would be
necessary to meet day-to-day needs of
that facility. In addition, a larger meter
may be required in areas of low water
pressure than in areas of normal water
pressure for the same type of use. In
those cases, it is the policy of the City
that the impact fee for water and
wastewater should be based on the
meter size needed by that facility for its
typical usage, without regard to fire -flow
or unusual pressure conditions.
(5) Irrigation. Any separate water meter
installed for irrigation purposes only
shall not be included in the calculation of
the wastewater impact fee.
(6) Affordable Housing Exemption.
(a) Single family and non-profit multi-
family,,, supportive housing.
Construction of single family and
nGhh profit multi -family supportive
ousmg funded wholly or primarily
by`federal Community Development
Block Grants, non-profit service
organizations such as Habitat for
Humanii Housing and Urban
Development housing loans and
similar programs, designed to
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
(7) Master Meters. In the event that a water
master meter is utilized for any development
including multi -family or mixed use, the fee
shall be based on the Master Meter size
(E) Use of Fees.
(1) Establishment of Accounts. An Impact
Fee Fund that is distinct from the
General Fund of the City is hereby
created, and the impact fees received
will be deposited in the following
interest -bearing accounts of the Impact
Fee Fund:
(a) Water Impact Fee Account, and
(b) Wastewater Impact Fee Account.
(2) Water Impact Fee Accounts. The Water
Impact Fee Account shall contain only
those water impact fees collected
pursuant to this Ordinance plus any
interest which may accrue from time to
time on such amounts.
(F)
(3) Wastewater Impact Fee Account. The
Wastewater Impact Fee Account shall
contain only those wastewater impact
fees collected pursuant to this
Ordinance plus any interest which may
accrue from time to time on such
amounts.
(4) Order of Use. Monies in each impact
fee account shall be considered to be
spent in the order collected, on a first-
in/first-out basis.
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) Use of Fees. The monies in each (5) At'the:time of payment of the water
impact fee account shall be used only oriwastewater impact fee under this
for the following: Ordinance, the Impact Fee
Administrator shall provide the
(a) Acquisition. To acquire land for applicant paying such fee with
and/or acquire or construct water or F written notice of those
wastewater system improvements circumstances under which refunds
of the type reflected in the title of of such fees will be made. Failure
the account and as described in the to deliver such written notice shall
Impact Fee Study as well as not invalidate any collection of any
extension of service to new impact fee under this Ordinance."
development paying an impact fee.
Ord. No 4447, §1, 12-17-02; Ord. No. 4492, §159.02
(b) Debt service. To pay debt Service C.1, 6-03-03; Ord. 4496 § 159.02 "F", 6-17-03; Ord. No.
on any portion of any curreMor 4919, 9-05-04975, 1-16-07).
future general obligation bond issue,
or revenue bond issue used to
finance water or<wast'ewater system r.
(c)
in the title of the adcount that
created or will create capacity to
serve new develooment.�
The City of Fayetteville shall iefund
the portion of �collected
development impact fees, including
the accrued interest' that has not
been xpended seven (7) years
from'theldatejthe fees were paid.
Interest sh'i!1bI 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
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 151: DEFINITIONS
151.02 Definitions
Connection. (Water and Wastewater Impact Fees) The physical tie-in of a
private water or wastewater service system to the City of Fayetteville's public
water or wastewater system. For the purposes of only the impact fee ordinance,
the physical tie-in shall occur upon installation of a water meter.
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 155: APPEALS
155.06 Appeals From Staff Interpretations/Actions
(A) Appeals to City Council. The following staff interpretations/actions may be
appealed to the City Council by an owner of record of the property in question or an
alderman on behalf of a resident of the city:
(4) Impact FeeAdministrator —Water Wastewater, Police and Public Safety
Impact Fees Any person aggrieved by any decision of the Impact Fee
Administrator made in the enforcement or administration of Chapter 159.
159.02 Water And Wastewater Impact Comprehensive Land Use Plan and
Fees future plan updates and to implement
the City's Five Year Capital
(A) Applicability. Improvements Program.
(1) The following provisions shall apply to (2) It is not the intent of this Ordinance to
all of the territory within the City's water collect any money from any
and wastewater service areas, including development in excess of the actual
areas outside the corporate city limits amount necessary to offset demands
and within service areas located within generated by that development for the
Washington County and other water and wastewater facilities for which
incorporated cities after June 16, 2003. the fee was paid.
(ng types of development 2) The followi (3) It is not,the intent of this Ordinance that
any moniei collected for the water
shall be required to pay a water and/or R•: .
wastewater impact fee: impactifee and the wastewater impact
fee_everbecommingled or ever be used
fr
(a) New and existing development ora { typeIo#facility different from that for
r seeking a new connection to the �.�• which the fee1as paid.
City's water or wastewater system
resulting in increased demand from (C)Time of Collection
water and/or wastewater facilities.
This shall not apply to existing (1) Water, and wastewater, impact fees shall
development that is connecting to be paid at the time of installation of the
the wastewater system in order to ?t.,,`t6ter meter serving the property or of
eliminate an individual sewage <rFJthe connection to the wastewater
disposal system. {' ;° %itggsystem, whichever comes first.
(b) New and existing development, as (2) Development projects which have
obtained building permits prior to the
stated in (a) above seeking a new ° . ; effective'date of this ordinance shall not
connection to the ".system of a e:
wholesale customer of the Citys ; ave,to pay impact fees if the building is
water or wastewater system, where ' completed with water and sewer hook-
ups City's impact fee is ups installed and certificate of
required bythe City's contract with occupancy issued no later than six (6)
months from the effective date of this
the wholesale:customer v..s ordinance.
x;
(D) Fee Determination
meter.
(B) Intent
(1) The intent'ot yiassttewater and water
impact feesI� ensure that new
development bears a proportionate
share of the cost of improvements to the
City's water and wastewater systems; to
ensure that the proportionate share
does not exceed the cost of providing
water and wastewater facilities to the
development that paid the fee; and to
ensure that funds collected from
developments are used to construct
water and wastewater facilities that
serve such developments. It is further
the intent of this Ordinance to use the
impact fees to implement the Citys
(1) Schedule of Fees. The Impact Fee
Administrator shall determine the
amount of the water and wastewater
impact fees for residential uses based
on the type or size of the dwelling unit
water meter and for nonresidential uses
based on the size of the water meter
using the following schedule:
Waste -
Land Use
Unit
Water
Water
Total
Single -Family
$308
$835
$1,113Dwelling
(average)
$971
$872
$1,843
Multi -Family
Dwelling
$218
$583
$542
(per dwelling unit)
$691
$620
$1,311
Nonresidential
Meter
$308
$835
$1,113
(5/8" x 314" meter)
$971
$872
$1,843
Nonresidential
Meter
$n`0
$2,088
$2;858
(1"meter)
$2,428
$2,180
$4,608
Nonresidential
Meter
$1,540
$4,175
$5,715
(1-1/2" meter)
$4,855
$4,360
$9,215
Nonresidential
Meter
$2,464
$6680
$9,144
(2" meter)
$7,768
$6,976
$14,744
Nonresidential
Meter
$4928
$13,360
$18,288
(3" meter)
$15,536
$13,952
$29.488
Nonresidential
Meter
$7;700
$20875
$28,676
(4" meter)
$24,275
$21,800
$46,075
Nonresidential
Meter
$15,400
$41,7.50
$67,159
(6" meter)
$48,550
$43,600
$92,150
Nonresidential
Meter
$24640
$66;800
$91,440
(8" meter)
$77,680
$69,760
$147,440
Nonresidential
Meter
$35,420
$96;025
$131;445
(10"meter)
$111,665
$100,280
$211,945
(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
cinglo family homo will not require any
impact -fee, Existing development must
be connected to the watd :vor
wastewater system at the ttme;t 6f.
redevelopment in order to appl�rtftis
credit. \i.
..,, (3) Mixed Use. If ;,sthe*.,proposed
development indudes a mr-, of the
residential land' uses'yandlor
nonresidential meter sizes that are listed
tin the impact fee schedule, the fee shall
be determinedM Laddinatut "all'the
water<and wastewatd1r,impact fees4thatr! . (7) Master Meters. In the event that a water
would be applicable for.each residential "IV master meter is utilized for any development
lands'use'`type)%and/or nonresidenfial including multi -family or mixed use, the fee
f meter size aszrf it was a-4freestanding shall be based on the Master Meter size
land use type.
(E) Use of Fees.
(4) Fire`Suppression / Low Pressure. It is
thetintent of this ordinance to base (1) Establishment of Accounts. An Impact
water and. wastewater' impact fees on Fee Fund that is distinct from the
the typicalUsage in"a°clew building or General Fund of the City is hereby
other facility,4Extinguishing of fires is created, and the impact fees received
not a part of ,tyrpical usage; to allow will be deposited in the following
adequate fire flow to sprinklers and interest -bearing accounts of the Impact
internal hydrants at some large and at- Fee Fund:
risk properties, it may be necessary for
fire protection purposes to install a (a) Water Impact Fee Account, and
larger water meter than would be
necessary to meet day-to-day needs of (b) Wastewater Impact Fee Account.
that facility. In addition, a larger meter
may be required in areas of low water (2) Water Impact Fee Accounts. The Water
pressure than in areas of normal water Impact Fee Account shall contain only
pressure for the same type of use. In those water impact fees collected
those cases, it is the policy of the City pursuant to this Ordinance plus any
that the impact fee for water and interest which may accrue from time to
wastewater should be based on the time on such amounts.
meter size needed by that facility for its
typical usage, without regard to fire -flow
or unusual pressure conditions.
(5) Irrigation. Any separate water meter
installed for irrigation purposes only
shall not be included in the calculation of
the wastewater impact fee.
(6) Affordable Housing Exemption.
(a) Single family and non-profit multi-
family,t supportive housing.
Consfrui:tion of single family and
,..
nqn-pp.rofit multi -family supportive
, ousing funded wholly or primarily
by,feferal Community Development
.'BlockGrants, non-profit service
organizations such as Habitat for
Humanity;."Housing and Urban
Development.)}tousing loans and
similar programb designed to
r.+ V 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.
fE y _
L,) Annnnl A poison nnnnnvnll by the
'/lmoaot Fop Administrators rofusal
•
(F)
present owners of the property no
(3) Wastewater Impact Fee Account. The
later than thirty (30) days after the
Wastewater Impact Fee Account shall
date which the refund becomes
contain only those wastewater impact
due. The sending by regular mail of
fees collected pursuant to this
the notices to all present owners of
Ordinance plus any interest which may
record shall be sufficient to satisfy
accrue from time to time on such
the requirement of notice.
amounts.
(4) The refund shall be made on a pro
(4) Order of Use. Monies in each impact
rata basis, and shall be paid in full
fee account shall be considered to be
no later than ninety (90) days after
spent in the order collected, on a first-
the date certain upon which the
in/first-out basis.
refund.becomes due.
(5) Use of Fees. The monies in each
(5) At thet-time of payment of the water
impact fee account shall be used only
gorw' astewater impact fee under this
for the following:
^"`;,Ord ance, the Impact Fee
4.AdflhiAitrator shall provide the
(a) Acquisition. To acquire land for
a applicant+ spaying such fee with
and/or acquire or construct water or
written ' `- riptice of those
wastewater system improvements
,`;" =y c " circumstances under which refunds
of the type reflected in the title of
of such fees *ilite made. Failure
the account and as described in the
' to deliver such written notice shall
Impact Fee Study as well as
P
:- Y ot invalidate any Coll§ctlon of any
C
extension of service to new
A t; impact fee under this Ordinance."
development paying an impact fee.
r. a'
''+..
Ord: No:4447, §1, 12-17-02; Ord. No. 4492, §159.02
(b) Debt service. To pay debt service`'),
C.1, 6-03';03; Ord. 4496 § 159.02 7", 6-17-03; Ord. No.
" 4919, 9-05406[. Ord. 4975, 1-16-07).
on any portion of any curreri0olf'w.:.,v
future general obligation bond issue
fi ..
c. .'
or revenue bond issue used 'to
yery '�::. F.: L,
a.
finance water or wastewater system ,�
improvements of,,the"type'reflected:
F z- Ry
in the title'. of the account that
. r'tt
wA'
created* er< will create capacity to
serve new,oevelopment.;•?
(c)
The City of Fayetteville shell refund
the portion x %.f collected
development impact -fees, including
they accrued interst' that has not
been.Mxpended's'even (7) years
from the-datethe&fees were paid.
Interest shallabe 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
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 151: DEFINITIONS
151.02 Definitions
Connection. (Water and Wastewater Impact Fees) The physical tie-in of a
private water or wastewater service system to the City of Fayetteville's public
water or wastewater system. For the purposes of only the impact fee ordinance.
the physical tie-in shall occur upon installation of a water meter.
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 155: APPEALS
155.06 Appeals From Staff Interpretations/Actions
(A) Appeals to City Council. The following staff interpretations/actions may be
appealed to the City Council by an owner of record of the property in question or an
alderman on behalf of a resident of the city:
(4) Impact Fee Administrator —Water, Wastewater. Police and Public Safety
Impact Fees. Any person aggrieved by any decision of the Impact Fee
Administrator made in the enforcement or administration of Chanter 159.
0 0 Page l of l
Clarice Pearman - Ord. 5206
From: Clarice Pearman
To: Petrie, Ron
Date: 12.19.08 5:13 PM
Subject: Ord. 5206
CC: Audit
Attachments: Audit
Ron:
Attached is a copy of the above ordinance passed by City Council. Please let me know if there is anything else needed for this
item. Have a good day.
Thanks.
Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494BD626F... 12.19.08
S
C1
RECEIVED
DEC 23 2008
Arkansas Democrat %fl1Eazette CITY OF FAYETTENILLE
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville Ordinance 5206
December 20, 2008
Publication Charge : $381.98
Signed: ---
Subscribed and sworn to before me
Thisaxday of -2&E * n6 -, 2008.
Notary Public _ __t� a________
My Commission Expires: m G d20 /,Z
Do not pay from Affidavit, an invoice will be sent
0
ORDINANCE NO. 920E
AN ORDINANCE TO AMEND §151.02 DEFINI-
TIONS. §155.06 APPEALS FROM STAFF r�}
INTERPRETATIONS, §159.0E WATER AND aye S it
WASTEWATER IMPACT FEES, §159.03 AND
§159.04 OF THE UNIFIED DEVELOPMENT CODE
. 0 I ARKANSAS
WHEREAS, Duncan and Associates conducted an
Impact fee study pursuant to A.C.A. § 14-56-103 to
update the existing 2002 calculated water and wastewater impact fees and presented its findings
the City Council an February 27. 2008; and
WHEREAS, after public hearings and consultations with representatives of the cities that use c
water or wastewater facilities, the City Council Sewer CamYtte2 an August 26. 2008 approved t
new impact fee study and a phase In of the increases for the water and wastewater impact fees: a
f
WHEREAS, the City Council approves and adopts the new water and wastewater impact fee sat
and Inds that his in compliance with A.C.A. § 14.56.103 Devalopmn0 Impact fees.
- Ilk
NOW. THEREFORE. DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 4
Section 1: That the City Council of the City of Fayetteville;'kkansas hereby emends §151.02
Defnitlons of the Unified Development Code by amending the definition of Correction to read as
follows:`r
'(Water and Wastewater Impact Fees) The physical tie-in:S a private water or wastewater
service system m top the City of as ce, the ep yublic water oh woccur pr system.thin all the of a
pates of the impact fee ordinance, physical tie-in sheilIl occur upon the installation of e
water meter." f V
Section 2: That the City Council hereby emends §155.06 (A) Appeals from Staff
Iaterpntatbm/Actfons by enacting and adding a new subsection (4) as follows:
•(4) Irrpact Fee Administrator. Any person aggrieved by any decision of the Impact Fee
Administrator made in the enforcement cw administration of Chapter 159 Fee..
Section 3: That the City Council of the City of Fayetteville. 4ktkansas, hereby amends §159.02
Water and Wastewater Impact Fees by removing all current language and tables of the cur-
rent fees and enacting a replacement §159.02 Water and Wastewater Impact Fees as shown on
Exhiblt.`A" attached hereto and adopted as if set forth word Io1,Mrord.
• Secllon 4: That the City Council of the City of FayettevllleitArkansas, hereby amends §159.03
Police and Public Safety Impact Fees and §159.04 Fln Protection System Impact
• Fate by repealing and removing subsection (D)(4)(b) Appeal both sections.
ordi-Section 5: That the City Council of the City of Fayetteville, Arkansas, hereby determines that this
nance shall go into full force and effect on March 31.2009. fi
PASSED and APPROVED this 16th day of December, 2008.
APPROVED: ATTEST: 1
DAN COODY, Mayor SONDRA E. SMITH, City ClsrkTSasunr
ExhibitA
159.02 Water And Wastewater Inpaet Fees
(AyAppfcabllity.
(1) The following provisions shall apply to all of the territory within the City's water and wastewater
service areas, Including areas outside the corporate city Ilnits'and within service areas located with-
in Washington County and other Incorporated cities after June 16. 2003.
(2) The following types of development shall be required to p0 a water and/or wastewater Impact
fee: it!
(a) New and existing development seeking a new connection to the City's water or Wastewater sys-
tem resulting in increased demand from water and/or wastewater facilities. This shall not apply to
existing development that is connecting to the wastewater system in order to eliminate an Individual
sewage disposal system.
(b) New and existing development as stated in (a) above seeking a new connection to the system
of a wholesale customer of the Cityk water or wastewater system, where collection of the City5
Impact fee is required by the Citys contract with the wholesale customer.
(c) Nonresidential or residential redevelopment seeking a larger capacity or additional water meter.
(B) Intent fir
(1) The Intent of wastewater and water impact tees is to ensur& hat new development bears a pro-i
porlionate share of the cost of improvements to the City's waters and wastewater systems; to ensure
that the proportionate share does not exceed the cost of providing water and wastewetat facilities to
the development that paid the lee; and to ensure that funds collected from developments are used
• to construct water and wastewater facilities that serve such developments. It Is further the Intent of
this Ordinance to use the impact fees to implement the City's Comprehensive Land Use Plan and
future plan updates and to implement the City's Five Year Capital Improvements Program.
(2) It is not the intent of this Ordinance to collect any money from any development in excess of the
• actual amount necessary to offset demands generated by that development for the water and waste-
? water facilities for which the fee was paid. I Y
(3) It is not the intent of this Ordinance that any monies collected for the water Impact fee and the
wastewater impact fee ever be commingled or ever be used for a type of facility different from that
for which the lee was paid.
(C) Time of Collection ri i
(1) Water and wastewater Impact foes shall be paid at the time I Installation of the water meter serv-
ing the property or of the connection to the wastewater system/whichever comes first.
(2) Development projects which have obtained building permisprior to the effective date of this ordi-
nance shall not have to pay impact lees if the building is completed with water and sewer hook-ups
Installed and certificate,of occupancy issued no later Man six (6) months from the effective dated
this ordinance., g - _ I
(D) Fee Determn inatio' - -
(1) Schedule of Fees. The Impact Fee Administrator shall del .rr the amount W the water and
wastewater impact lees for residential uses based on the type al size of the water meter and for non-
• residential uses based on the size of the water meter using Ihie'loI J.1 g schedule:
0
E
Land Use Unit water
Waate-
Single-Family (everage) Owelling $971 wmx $872 $Totad
1,64 1,84
Multi`FaMly 3
(per dwelling unit) Dwelling g $691 $620 $1,311
(518' x 3/44 meter) Meter
Nonresidential 5971 ; $872 $1,643
(1 meter) Meter
Nonresidential $2'426 .$2.160 $4,608
(1-1/2' meter) $4855 ,
Nonresidential. Meter $4855 $9,215
(7 meter) Meter $7,7fi8 ,1
Nonresidential II$8.97fi $14,701
(3' meter) Meter $15,536 1
Nonresidential ,$13,952 $29,488
(4meter) Meter •$24275 $21600 (, Nonresidential ' $46,075
(6' meter) Meter ' $48,550 1
Nonresidential t $43,600 $92,150
(8 meter) e . _ ..,Meter
Nonresidential -.. •$77,680._v. %r$16g.760 -^a117,d10��,
(10' mete,) Meter $111.665 $100,280
$211,945
• (2) Redevebprrenl, Reconstruction, Change of Use. In the even of a redevelopment, recon5Ruc
tlon or change of use from an existing development a use, the lee shall be the difference between �I
what the fee would be for the entire redevelopment or reconsauction project and what the IN would V
have been for the existing development or use Existing development must be connected to Me
• water or wastewater system at the time of redevelopment In order tfo eppy cols crawl.
(3) Mixed Use. If the proposed devebpnopt Includes a mix of the residential land uses and/or non.
residential meter sizes that are listed ri the impact fee schedule;' the fee shall be determined
by
adding up all the water and wastewater Impact fees Mat would Los applicable for each resltlantial
laaj Fire Sd use uppression,
and/or nonresidential meter size as if a was a freestanding land use type.
impact foes
oppression / Low Pressure, It Is the Intent of this ordinance to base water and wastewater
d typical use�e; to the el a Be in a new building w other faclliry Extinguishing of fires Is not a pan 9 equate Ore lbw to springers and internal hydrants at same large and at.
risk Propenles, it may be necessary for fire protectionpurposes
would be necessary to meet day-to-day needs of that facIn addio ition, l a Iarlarrgerameterr mete,
athen
be
required in areas of low water pressure than In areas of rams) water pressure for the same type of
use. In those cases, i1 is the policy of Me City that the Impact foe for water and wastewater should
be based on the meter size needed by that facility for Its typical usage, wlthoot regard to fro -flow or
unusual pressure conditions. J'
r (5) Irtipetbn. Any separate water roarer installed for kngetbn Purposes only shall not be Include
lithe calculation of the Wastewater I^Pad IN
(6) Affordable Housing Exarmptbn,
(a) Single farnity and non-profit mult4family supportive housing. Construction of single family and
non-profit mWlHamlly supportive lousing funded whoy or primarily by federal Corrzrxmiry
Development Block Grants, rpm -pelt service organizations such at Habitat for Mtxneniry, Housing
end Urban Development housing bans and similar programs Oesignad to provide affordable, owner -
occupied, single family residences to low Income Individuals and nonprofit nblti`famiy supportive
housing sheA be exempted from payment of impact fees pursuant to [his ordinance by the Impact
Fee Administrator
(7) Master Meters. In the event that a water master meter is utilized for any development InCIuwng
mufti -Family or mixed use, the fee shall be based on the Master Meter size
(E) Use of Fees, tl l
(1) Establishment of Accounts. An Impact Fee Fund that Is distinct from the General Fund of the City
is hereby created, nFree' t fees received will be depositedyj1 the following Interest -bearing
accounts of the Impact 111`
(a) Water Impact Fee Account, and
(b) Wastewater Impact Fee Account,
(2) Water Impact Fee Accounts. The Water Inpad Fee Account shall contain only impact fees collected pursuant to this Ordinance plus any Interest which may accrue from twater
time to
time on such amoutts. (3) Wastewater Impact Fee Account. The Wastewater Impact Fee Account snail contain only those
wastewater impel fees collected pursuant to this Ordinance plus any interest which may accrue
from time to time on such amounts.
(4) Order of Use. Monies in each Impact fee account Shall be considered to be spent in the order
collected, on a first-lrtmrstout basis. t I
(5) Use of Fees. The monies In each impact fee account shall be used only iw the following:
(a) Acquisition. To acquire land for and/or acquire or construct wateror wastewater system improve`
mentS of the type reflected In the title of the rommo,,,. e..___.._. ..
' _..__",,, ,•„nc two v, n in accours Mat created or will create CB a01 ry,lo y'lo So -.w V. n,n type 1
(c) As described in subsection F, Refunds. P serve new development.
(F) Refunds. Oil (1) The City of Fayetteville shall refund the portion of collected development Impact fees, Including
the accrued Interest that has not been expanded seven (7) years from the date the fees were paid.
Interest shall be based on a tour percent (4%) annual rate. I
(2) A refund shall be paid to the present owner of the property Mat was the subject of new develop-
mein and against which the fee was assessed end collected,
(3) Notice of the right to a refund, including the amount of the refund and the procedure for appy-
ing for and receiving the refund, shall be sent or served in wrlting,to the present owners of the prop-
erty no later Man thirty (30) days after the date which the refund becorNes due. The sending by reg-
ular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of
notice, II! (4) The refund shell be made on a pro rata basis, and shall be paid in full no later then ninety (90)
I' days after the date certain upon which the refund becomes due. ll1
(5) At the time of payment of the water br wastewater Impact fee under this Ordinance, the Impact
Fee Administrator shall provide the applicant paying such fee with wi-llten notice of those circurn-
stances 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.
1
Ord. No. 4447, §1, 1247-02; Ord. No. d492, §159.02 Cl. 6-03-03; OM, 4496 § 159.02'P. 6`17-03;
I • Ord. No. 4919, 9-05-06; Ord, 4975 1-16-07).
f• 11