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HomeMy WebLinkAbout04 - Establishing a Development Impact Fee Program (PA2021-127) - AmendedAMENDED Exhibit A Chapter 14.33 WATER AND SEWER CAPITAL IMPROVEMENT FEE Sections: 14.33.010 Purpose. 14.33.020 Definitions. 14.33.030 Established. 14.33.040 Use. 14.33.050 Developer construction. 14.33.060 Adjustments. 14.33.010 Purpose. A. To implement the goals and objectives of the capital improvement program for facilities and equipment of the City of Newport Beach, and to mitigate the impacts upon the City's sewage collection facilities caused by new development in the City, certain public facilities and equipment must be constructed and/or improvements made. The public facilities and equipment are specifically identified in the City's capital improvement program for facilities and equipment as adopted by the City Council and as amended from time to time. The list of water and sewage collection facilities and equipment may be added to or deleted from the approved program. The City Council has determined that a development impact fee is needed to finance these public improvements and to pay for the development's fair share of the costs of these improvements. B. In establishing the fee described in this chapter, the City Council has found the fee to be consistent with its general plan and, pursuant to Govt. Code Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan. 14.33.020 Definitions. In this chapter, unless the context otherwise requires: "Cost of improvements" means all costs related to acquisition, construction, repair and financing, but does not include costs of routine maintenance. "New development" means any residential or nonresidential (nonresidential includes commercial and industrial) construction project except as specifically exempted in this chapter or by resolution establishing the fee. "Sewage collection facilities" means capital improvements related to the collection and disposal of sewage including but not limited to collection systems and sewage plant facilities. "Water system" means capital improvements related to the distribution, treatment and storage of potable water for public health and safety. 14.33.030 Established. A. A water system impact fee is established for development within the City to pay for the City's water distribution and collection facilities as shown in the adopted capital improvement program for facilities and equipment. B. A sewage collection facilities impact fee is established for development within the City to pay for the sewage collection system and sewage plant improvements and expansion as shown in the adopted capital improvement program for facilities and equipment. C. The City Council shall, by resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. On an annual basis, the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. 14.33.040 Use. The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to: A. Pay for the City's future facilities described in the resolution enacted pursuant to this chapter, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources, or B. Reimburse developers who have been required or permitted by this section, to install such listed facilities which are oversized with supplemental size, length or capacity. 14.33.050 Developer construction. A. Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to this section which facility is determined by the City to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, F_1M1:4►111:41] which would otherwise be charged pursuant to the ordinance codified in this section on the development project, shall be offered to the developer. B. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development. 14.33.060 Adjustments. A. A developer of any new development subject to the fees described in this chapter may apply to the City Council for a reduction or adjustment to that fee(s), or a waiver of that fee(s), based upon the absence of any reasonable relationship or nexus between the sewage collection facilities and/or water system impacts of that development and either the amount of the fee charged or the type of facilities to be financed. B. A separate application shall be filed for each adjustment request made pursuant to this section. Such application shall be made on a form provided by the City Clerk and shall be filed with the City Clerk not later than: 1. Thirty (30) days prior to the first public hearing on the discretionary permit application for the development project, or 2. If no discretionary permit application is required, within thirty (30) days of filing for a building permit. A building permit for any phase of construction (including grading, demolition, or new construction) shall not be issued until a determination of the base fees is final. C. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The burden of proof shall be on the applicant to establish that the applicant is not subject to the imposition of the full development impact fee(s) pursuant to the applicable development impact fee ordinance and applicable state law. D. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty (60) days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. E. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.