§ 33-153. Impact fees per service unit.

(a)

Maximum impact fees per service unit for each service area shall be established by category of capital improvements. The maximum impact fee per service unit for each service area for each category of capital improvement shall be computed in the following manner:

(1)

Calculate the total projected costs of capital improvements necessitated by and attributable to new development in the service area identified in the impact fee capital improvements plan for each category of capital improvements;

(2)

From such amount, subtract a credit equal to fifty (50) percent of the such total projected costs; and

(3)

Divide the resultant amount by the total number of service units anticipated within the service area, based upon the land use assumptions for that service area.

(b)

The impact fee per service unit which is to be paid by each new development within a service area shall be that established by ordinance by the city council, as such may be amended from time to time, and shall be an amount less than or equal to the maximum impact fee per service unit established in subsection (a).

(c)

The amount of the impact fees to be assessed per service unit shall be as set forth in Schedule 1, attached hereto and made a part of this article by reference. The amount of the impact fees per service unit which are to be paid shall be as set forth in Schedule 2 attached hereto and made a part of this article by reference. The amount of the impact fees to be collected per service unit may be phased over a period of years, such amount to be set forth by year in Schedule 2. Schedules 1 and 2 may be amended from time to time utilizing the amendment procedure set forth in section 33-162.

(d)

The city may vary the rates of collection or amount of impact fees per service unit among or within service districts in order to reasonably further goals and policies affecting the adequacy of system facilities serving new development, or other regulatory purposes affecting the type, quality, intensity, economic development potential or development timing of land uses within such service districts.

(e)

The maximum impact fee per service unit for system facilities, as may be amended from time to time, hereby is declared to be an approximate and appropriate measure of the impacts generated by a new unit of development on the city's system facilities. To the extent that the impact fee charged against a new development, as may be amended from time to time, is less than the maximum impact fee per service unit, such difference hereby is declared to be founded on policies unrelated to measurement of the impacts of the new development on the city's system facilities. The maximum impact fee rate may be used in evaluating any claim by a property owner that the dedication or construction of a capital improvement imposed as a condition of development approval pursuant to the city's subdivision or development regulations is disproportionate to the impacts created by the development on the city's system facilities.

(Ord. No. 2092, 8-20-01; Ord. No. 2494, 1c., 11-17-08; Ord. No. 2725 , § 1c., 10-21-13)