SPECIAL ELECTION OFFICIAL BALLOT
| A | CITY OF FAYETTEVILLE |
| B | WASHINGTON COUNTY |
| C | APRIL 10, 2007 |
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ORDINANCE NO. 4973
AN ORDINANCE TO AMEND TITLE XV UNIFIED DEVELOPMENT CODE OF FAYETTEVILLE, CHAPTER 159. FEES BY ENACTING § 159.05 ROAD IMPACT FEES OF THE UNIFIED DEVELOPMENT CODE AND TO REFER THIS ORDINANCE TO THE VOTERS FOR THEIR ADOPTION OR REJECTION.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 159 of the Unified Development Code by enacting § 159.05 Road Impact Fees as shown on Exhibit A attached hereto.
159.05 Road Impact Fees
(A) Applicability
(1) The following provisions shall apply to all of the territory within the City’s corporate city limits, and any area near the corporate limits if specifically agreed by the owner.
(2) The following types of development shall be required to pay a Road Impact Fee:
(a) New development within one of the categories of development in Table A.
(b) Redevelopment involving the construction of one or more additional units within one of the categories of development in Table A.
(B) Intent
(1) The intent of the Road Impact Fee is to offset costs to the City of Fayetteville taxpayers that are reasonably attributable to providing necessary capacity improvements to collector or arterial streets to serve new developments.
(2) This impact fee charged to new development is to generate revenue for funding or recouping expenditures of the City of Fayetteville that are reasonably attributable to the use and occupancy of the new development.
(3) This impact fee is to be collected and expended only for the planning, design or construction of new collector or arterial streets or of capital improvements to existing collector or arterial streets that expand their capacity or for the recoupment of prior capital improvements to such collector or arterial streets 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 the costs of capacity improvements to the collector and arterial streets, but also to ensure that this proportional share does not exceed the costs of the demand for additional capacity in those streets that is reasonably attributable to providing these streets to the use and occupancy of that new development.
(5) This road impact fee is based upon previous and current City Five Year Capital Improvement
Program documents approved annually by City Council Resolution, the 2003 Traffic and Transportation Study, and the Sales Tax Bond Proposal for street improvements (hereinafter collectively referred to as the “Capital Plan”) and level of service standards adopted within the Road Impact Fee Study of September, 2005, as updated in May, 2006, and elsewhere by the City Council. The Impact Fee Study of May 2, 2006, is incorporated herein and shall be filed in the City Clerk’s Office and is attached to this Exhibit “A” to explain the methodology and formulas for the Road Impact Fees, the levels of services and increases in capacity needed for the Capital Plan.
(6) It is not the intent of this section that any monies collected for the road impact fee ever be
commingled or ever be used for a type of facility different from that for which the fee was paid. No impact fee revenue may be used for operational expenses.
(C) Time of Collection
(1) This impact fee shall be paid to the City by the owner of the property before a certificate of occupancy is issued for the new development or at the closing on the property by the purchasing owner.
(D) Fee Determination
(1) Road Impact Fee Table.
(a) The Impact Fee Administrator shall determine the correct amount of the Road Impact Fee by use of Table A and information about the type and size of the new development.
TABLE A
ROAD IMPACT FEES
|
Land Use |
Unit |
Impact Fee |
|
Residential |
Dwelling |
$2,363 |
|
Nursing Home |
1000 sq. ft. |
$1,495 |
|
Manufactured Home Park |
Pad |
$1,779 |
|
Hotel/Motel |
Room |
$1,319 |
|
Commercial/Office |
1000 sq. ft. |
$2,701 |
|
Industrial/Warehouse |
1000 sq. ft. |
$1,676 |
|
Industrial/ Mini-Warehouse |
1000 sq. ft. |
$ 587 |
(2) Redevelopment, Reconstruction, Change of Use. In the event of a redevelopment, reconstruction or change of use from an existing development or use, the fee shall be the difference between what the fee would be for the entire redevelopment or reconstruction project and what the fee would have been for the existing development or use. Enlargement of a single family home will not require any impact fee.
(3) Mixed Use. If the proposed development includes a mix of the residential, commercial, industrial or other uses listed in the impact fee schedule, the fee shall be determined by adding up all the road impact fees that would be applicable for each use type as if it was a freestanding land use type.
(4) Affordable Housing Exemption.
(a) Single family 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.
(b) Appeal. A person aggrieved by the Impact Fee Administrator’s refusal to grant an Affordable Housing Exemption may appeal the denial to the Planning Commission.
(E) Use of Fees.
(1) Establishment of Accounts. A Road Impact Fee Fund that is distinct from the General Fund of the City is hereby created, and the impact fees received will be deposited in this Road Impact Fee Account.
(2) Impact Fee Account. The Road Impact Fee Account shall contain only those impact fees collected pursuant to this Ordinance plus any interest which may accrue from time to time on such accounts.
(F) Order of Use. Monies in the Road Impact Fee Account shall be considered to be spent in the order collected, on a first-in/first-out basis.
(G) Use of Fees. The funds in the Road Impact Fee Account shall be used only for the following:
(1) The use of the Road Impact Fees shall be to offset costs to the City of Fayetteville taxpayers that are reasonably attributable to providing necessary collector or arterial street capacity improvement to new development.
(2) This impact fee charged to new development shall generate revenue for funding or recouping expenditures of the City of Fayetteville that are reasonably attributable to the use and occupancy of the new development.
(3) This impact fee shall be collected and expended only for the planning, design or construction of new collector or arterial streets or of capital improvements to existing collector or arterial streets that expand their capacity or for the recoupment of prior capital improvements to such collector or arterial streets that created capacity available to serve new development.
(4) No monies collected for the Road 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 Road Impact Fee revenues 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 Road Impact Fee under this Ordinance, the 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.
( ) FOR
Ordinance No. 4973
( ) AGAINST
Ordinance No. 4973