(a)

The impact fee per vehicle trip for the citywide impact fee service area ("citywide service area") shall be computed by dividing total costs of arterial street network transportation facilities and facility expansions ("arterial street network") necessitated by and attributable to the new development in the citywide service area by the total number of vehicle trips anticipated within the citywide service area, based upon the land use assumptions for that service area.

(b)

The impact fee per vehicle trip that is to be paid by each new development within the citywide service area shall be the impact fee rate established by resolution of the city council initially upon adoption of this section, as provided for in section 34-132, and thereafter as part of the update provided for in subsection 34-140 or at such other times as deemed necessary by the city. If no action is taken by the city council to amend the impact fee rate, the rate then in effect shall remain in effect.

(Ord. No. 2011-3768, § 1, 11-22-2011)

In furtherance of the implementation of the arterial street improvements impact fee and upon adoption of this section, the boundaries of the citywide service area shall be established by adoption of a resolution by the city council showing the geographic boundaries of the service area and the methodology for calculation of the impact fee shall be established. The city council may also adopt administrative guidelines to facilitate implementation of the arterial street improvements impact fee.

(Ord. No. 2011-3768, § 1, 11-22-2011)

(a)

This section shall be applicable to all residential and nonresidential development on property within the boundaries of the city. This section is applicable to an increase in demand for arterial street network transportation facilities and the amount of the impact fee shall be based solely upon the increase in demand for arterial street network improvements generated by the new development. The impact fee is a condition of building permit approval.

(1)

No building permit shall be issued within the city unless the applicant thereof has paid the applicable impact fee pursuant to this section, except as otherwise specifically provided in this section. The fee shall be collected prior to the issuance of a building permit for the development. If the permit is for less than the entire development, the fee shall be computed separately for the amount of development covered by the building permit.

(2)

Any building permit issued without payment by the applicant and collection by the community planning and development department of the required impact fee shall be null and void.

(b)

This section shall not be applicable if a completed application for a building permit has been submitted to the community planning and development department prior to the effective date of this section, and if the construction proceeds according to the terms of the building permit. If said building permit expires, application for a new building permit shall be subject to this section.

(Ord. No. 2011-3768, § 1, 11-22-2011)

(a)

Upon receipt of an application for a building permit for a new development, the director of community planning and development or his/her designee shall calculate the impact fee due by:

(1)

Verifying the number and type of dwelling units or square footage of nonresidential structures or other applicable development unit that are proposed to be constructed as shown on the building permit application.

(2)

Determining the impact fee that shall be applied for each dwelling unit or square footage of nonresidential structure or other applicable development unit pursuant to the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation manual applying the most applicable land use classification.

(3)

Multiplying the number of dwelling units or square footage of nonresidential structures, stated in terms of 1,000 square feet of gross floor area, or other applicable development unit by the applicable impact fee.

(4)

The amount of each impact fee due shall be reduced by any allowable credits, in the manner provided in section 34-135 of this article.

(b)

Impact fees shall be collected at the time a building permit is issued by the city for a development with respect to which this section is applicable.

(c)

Payment over a period of years. For nonresidential development, any person subject to an impact fee may arrange for payment of the impact fee over a period of three equal annual payments in accordance with the following:

(1)

Application for the payment over a period of years shall be made in writing to the director of community planning and development or his/her designee on or before the time the impact fee is due and payable.

(2)

Participation in the payment over a period of years program requires the person to enter into an impact fee payment agreement with the city.

(3)

Upon execution of the impact fee payment agreement with the city, the person shall provide the city with financial assurances in the form of an irrevocable letter of credit from a bank with sufficient financial capacity as determined by the city administrator or his/her designee in a form approved by the city attorney in the amount of impact fee owed and with a three-year term.

(4)

Throughout the three-year payment period the amount of the letter of credit may be reduced to reflect the remaining balance of the impact fee owed as payments are made to the city.

(Ord. No. 2011-3768, § 1, 11-22-2011)

(a)

Construction credits.

(1)

Any person subject to an impact fee pursuant to this section may apply for a credit against any impact fee for any contribution, payment or construction accepted and received by the city for any arterial street network improvement identified in the Snyder & Associates Analysis, as amended, except that no credit shall be provided for the following:

i.

Dedication of rights-of-way, since land costs were not included in calculating the impact fee.

ii.

Improvements to city streets other than arterial streets, with the exception that improvements to the intersections of city arterials and city non-arterials, shall be eligible if they expand the capacity of the arterial and are included in the Snyder & Associates Analysis, as amended.

iii.

Any improvement that is primarily related to serving an individual development project, such as acceleration-deceleration lanes, turn lanes or traffic signals that primarily serve traffic entering or exiting the development project.

iv.

Improvements for which reimbursement or direct funding are being provided for under an approved city incentive financing plan.

v.

The city will not provide a credit when no impact fees for the new development can be collected pursuant to this section or for any amount exceeding the total impact fee due for the new development, unless otherwise agreed to by the city.

(2)

Credits shall be calculated as follows:

i.

No credit shall be provided under this section for contributions, payments or construction made more than five years prior to the effective date of this section.

ii.

Credits for contributions, payments or construction received and accepted by the city prior to the effective date of this section shall be provided if the development for which the contribution, payment or construction was made has not been completed. The current owner of the property or the individual making the contribution or improvement for which such contribution, payment or construction was made as a condition of development approval shall file an application for credit within one year of the effective date of this section. If the application is not made within one year following the effective date of this Section, no credit shall be provided. The application for credit shall be submitted and reviewed as provided in this section. The amount of the credit for a contribution, payment or construction made prior to the effective date of this section shall be the current value of the contribution, payment or construction, less the total amount of arterial street impact fees that would have been owed for the building permits already issued for the project. The value of any construction shall not include costs for improvements that are in excess of city standards, unless the city specifically required the higher standard construction. The current value shall be determined using the engineering news-record construction cost index, or an equivalent index if such index is discontinued.

iii.

Any contribution, payment or construction received and accepted by the city on or after the effective date of this Section shall be credited in an amount equal to 100 percent of the contribution or payment or the estimated cost of the construction for the required arterial street network improvement that expands the capacity of the city's arterial street network as described in the Snyder & Associates Analysis, as amended. The estimated cost shall be based on the lowest responsive bid by a qualified bidder, which bid is approved by the director of community planning and development; or, if no bid is available, the estimated cost certified by a licensed engineer and approved by the director of community planning and development.

iv.

A construction credit may be applied against arterial street network impact fees that would otherwise be due for building permits issued anywhere within the benefit district of the development for which the arterial street network improvement or contribution was required as a condition of development approval. The city shall maintain an accounting of the amount of the credits held by an impact fee credit holder and shall reduce the amount of the credits as authorized by the impact fee credit holder. After the credit balance is exhausted, no additional credits shall be applied to subsequent building permits.

(b)

Renovated and damaged structures credits. Any person subject to an impact fee pursuant to this Section may apply for a credit against any impact fee for the following types of renovation or restoration.

(1)

Renovation. Room additions, remodeling, rehabilitation or other improvements to an existing structure, provided that there is no increase in the number of dwelling units for residential use or in the amount of square footage for nonresidential use.

(2)

Damage. Rebuilding or replacement of a damaged, destroyed, demolished or removed structure, whether voluntary or involuntary, provided that there is no increase in the number of dwelling units for residential use or in the amount of square footage for nonresidential use.

(c)

Redevelopment credits. Any person subject to an impact fee pursuant to this Section may apply for a partial credit against any impact fee for the following types of redevelopment.

(1)

Change of use. The change of an existing use within an existing building shall result in a full credit. Any additional new vehicle trips created by the construction of additional building square footage for the change in use will be subject to the per vehicle trip impact fee based upon the new land use category. If the change in use, including the additional square footage, results in a total number of vehicle trips equal to or less than the previous use, a full credit will apply.

(2)

Redevelopment of property. As used in this subsection "redevelopment" means the demolition of one or more existing buildings and the subsequent construction of one or more new buildings on the property. The redevelopment of property shall result in a full credit. Any additional new vehicle trips created by the construction of additional building square footage in the redevelopment will be subject to the per vehicle trip impact fee based upon the new land use category of the redevelopment. If the redevelopment, including the additional square footage, results in a total number of vehicle trips equal to or less than the previous use, a full credit will apply.

(d)

School district and tax exempt entity credits. The following categories shall be granted a full credit in the amount of the impact fee imposed under this section.

(1)

School districts. Development of structures for a school district of the state.

(2)

Tax exempt entity. Development of structures for a person that is not subject to any federal, state or local taxes, including federal, state and local sales, income, personal property, real property, use, earnings or license taxes. The burden of proof shall be on the person claiming this credit to demonstrate, by clear and convincing evidence, that the development being constructed is exempt from all federal, state and local taxes as described in this subsection.

(e)

An applicant must apply for a credit against impact fees due at the time of application for a building permit unless the city agrees in writing to a different time. The applicant shall file a petition for credits with the director of community planning and development or his/her designee on a form provided by the city for this purpose.

The director of community planning and development or his/her designee shall provide the applicant, in writing, with a decision on the credit request, including the reasons for the decision. The decision shall specify the maximum value of the credit that may be applied against the impact fee.

The application for credit shall include the following information:

(1)

If the proposed application for credit involves construction:

i.

The proposed plan of the specific construction prepared and certified by a duly qualified and licensed engineer or contractor; and

ii.

The lowest responsive bid by a qualified bidder, or, if no bid is available, projected costs for the suggested capital improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated costs shall include the cost of construction or reconstruction; the cost of plans and specifications; the costs of professional services; and all other expenses necessary or incident to such construction or reconstruction.

(2)

If the proposed application for credit involves a credit for any contribution or payment:

i.

A copy of the document in which the contribution or payment was agreed;

ii.

If payment has been made, proof of payment; or

iii.

If payment has not been made, the proposed method of payment.

(3)

If the proposed application for credit involves any other type of development described above, provide as applicable:

i.

Information regarding the current proposed use of the building, previous use of the building, the time period it has been vacant or demolished, and information regarding the tax exempt entity.

(Ord. No. 2011-3768, § 1, 11-22-2011)

(a)

The city's finance department shall establish an account for the arterial street improvements impact fee ("impact fee account"). All impact fees collected shall be deposited into the account.

(b)

Interest earned on the funds in the account shall be considered funds of the account and shall be used only for the purposes authorized in section 34-137 of this article.

(c)

The city's finance department shall maintain and keep adequate financial records of the account that shall show the source and disbursement of all funds placed in or expended from the account, and that ensure that the impact fees expended from the account are used only for the purposes authorized in section 34-137 of this article. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this article.

(d)

The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The fee for copying services shall be as established by the city.

(Ord. No. 2011-3768, § 1, 11-22-2011)

(a)

The impact fees collected for the citywide service area pursuant to this article shall be used to finance or to recoup arterial street network improvement costs. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance arterial street network improvements.

(b)

Impact fees collected pursuant to this section shall not be used to pay for any of the following expenses: (i) rights-of-way necessary for construction of the city's arterial street network; (ii) individual development project required traffic improvements; (iii) construction, acquisition or expansion of transportation facilities other than those identified in the Snyder & Associates Analysis, as amended; (iv) repair, operation or maintenance of existing transportation facilities; (v) upgrade, expansion or replacement of existing transportation facilities to serve existing developments at the level of service established for arterial street network transportation facilities or facility expansions necessary to serve new development; and (vi) the cost of construction, acquisition or expansion of transportation facilities or transportation facility expansion necessary to accommodate trips with an origin and destination outside the citywide service area.

(Ord. No. 2011-3768, § 1, 11-22-2011)

(a)

Any impact fees collected shall be returned to the feepayer or his successor in interest if the impact fees have not been spent within seven years from the date the building permit for the residential or nonresidential development was issued, along with interest at the average annual rate earned by funds in the impact fee account. Impact fees shall be deemed to be spent on the basis that the first fee collected shall be the first fee spent. The refund of the impact fees shall be undertaken through the following process:

(1)

The current owner of the property must petition the city for the refund within one year following the seven-year period from the date on which the impact fee was paid. Within one month of the end of the seven-year period from the date on which the unspent impact fee was paid, the director of community planning and development shall notify the feepayer of eligibility for a refund at the address provided by the feepayer at the time of fee payment or at a new address subsequently provided by the feepayer. It shall be the responsibility of the feepayer to keep the address current.

(2)

The petition must contain the following information:

i.

A notarized sworn statement that the petitioner is the current owner of the property;

ii.

A copy of the dated receipt issued for payment of the impact fee;

iii.

A certified copy of the latest recorded deed for the property; and

iv.

A copy of the most recent ad valorem tax bill for the property.

(3)

Within one month from the date of receipt of a petition for refund, the director of community planning and development shall review the petition and determine if it is complete. If the director of community planning and development determines the petition is not complete, a written statement specifying the deficiencies shall be sent to the petitioner by certified mail. Unless the deficiencies are corrected, the director of community planning and development shall take no further action on the petition. When the director of community planning and development determines that the petition is complete, the petition shall be reviewed within one month. The director of community planning and development shall approve the refund petition if it is determined that the feepayer or his successor in interest has paid a fee which the city has not spent within the period of time permitted under this section. The refund shall include the fee paid, plus interest.

(Ord. No. 2011-3768, § 1, 11-22-2011)

(1)

To the city manager.

(a)

The applicant for a building permit may appeal the following decisions to the city manager: (i) the applicability of the impact fee to the new development; (ii) the amount of the impact fee due (including the land use classification of the development or the number of trips generated by the new development); (iii) the applicability of a credit against an impact fee due and the amount of a credit or (iv) the decision regarding a refund.

(b)

The burden of proof shall be on the applicant to demonstrate that the amount of the impact fee or the amount of the credit or refund was not calculated in accordance with the provisions of this section or the administrative guidelines, if any.

(c)

The applicant shall file a notice of appeal with the city clerk within ten days following notice of the applicable impact fee calculation or refund decision. The notice of appeal shall specify the grounds for the review. If applicable, the application for development approval with respect to which the appeal is filed may be processed while the appeal is pending, provided that the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the impact fee due.

(d)

Within ten days of the notice of appeal, or by such date as shall be agreed upon in writing between the applicant and city, applicant may submit to the city manager traffic engineering studies containing documentation of trip generation rates for the new development, vehicle miles at p.m. peak hour to be generated by the new development, and other trip or demand data appropriate for determination of the impact fee rate for the new development and economic documentation studies containing documentation of the cost per lane per mile for roadway construction appropriate for the new development and credits attributable to the new development that can be expected to be available to replace the portion of the traffic demand generated by the new development.

(e)

Within 30 days after filing of the notice of appeal, the city manager shall render a final decision in writing to the applicant regarding the calculation of the impact fee or refund decision.

(2)

To the city council.

(a)

An applicant may appeal the final decision of the city manager by filing a notice of appeal with the city clerk within ten days following issuance of the final written decision of the city manager as specified in section 34-139(a)(e). If an applicant fails to appeal the final decision of the city manager within ten days as set forth in this subsection, the calculation of the impact fee shall be final and no appeal shall be heard.

(b)

An applicant may appeal the following decisions of the city manager to the city council: (i) the applicability of the impact fee to the new development; (ii) the amount of the impact fee due (including the land use classification of the new development or the number of trips generated by the new development); (iii) the applicability of a credit against an impact fee due and the amount of a credit; or (iv) the decision regarding a refund.

(c)

Within ten days of receipt of the notice of appeal, or by such date as shall be agreed upon in writing between the applicant and the city, the applicant shall submit to the city council copies of all studies, calculations and other documentation appropriate to the determination of the impact fee.

(d)

The notice of appeal shall specify the grounds for the appeal. The notice of appeal shall be forwarded to the city council along with a recommendation from the city staff, and the city council shall conduct a hearing. The applicant shall receive notice of the hearing by certified mail at least 15 days prior to the hearing.

(e)

Within 30 days after the hearing before the city council, the city council shall render a final decision. The applicant that submitted the notice of appeal shall receive written notice of the decision

(3)

Calculation of days. The number of days specified in this section shall include weekend days and holidays. The last day of the period shall be included in the computation, unless it is a Saturday, Sunday or a legal holiday, and if it is, the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. A half-holiday shall be considered as other days and not as a holiday. "Legal holiday" includes any day designated as a holiday by the Congress of the United States, Missouri legislature or the city council.

(Ord. No. 2011-3768, § 1, 11-22-2011)

(a)

The city shall update its land use assumptions and arterial street improvements impact fee transportation facilities or facility expansion plans and shall recalculate its impact fee not less than once every three years.

(b)

From time to time it may become necessary for city staff to develop additional categories of land use for a more precise trip generation rate for calculation of an impact fee. These categories are in addition to the land use categories and related trip generation rates from the Institute of Traffic Engineers, Trip Generation Manual. In those instances, the new land use category and related trip generation rate will be incorporated into the city's transportation impact fee program and updated accordingly.

(Ord. No. 2011-3768, § 1, 11-22-2011)

An applicant for development approval within the citywide service area may construct or finance arterial street network transportation facilities or facility expansions if required or authorized by the city, by entering into an agreement with the city prior to the issuance of any building permit for the new development. The agreement shall be in a form approved by the city, and shall identify the estimated cost of the arterial street network improvement, the schedule for initiation and completion of the improvement, and contain a requirement that the improvement be designed and constructed to comply with city standards and all other terms and conditions as deemed necessary by the city. The agreement shall provide for the method to be used to determine the amount of the credit to be given against impact fees due for the new development.

(Ord. No. 2011-3768, § 1, 11-22-2011)

(a)

The city may finance arterial street network transportation facilities or facility expansions through the issuance of bonds, through the formation of special, benefit, or improvement districts or other assessment districts or through any other authorized mechanism, in the manner and subject to such limitations as may be provided by law, in addition to the use of impact fees.

(b)

Except as hereinafter provided, the assessment and collection of impact fees shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment that is lawfully imposed on and due against the property.

(c)

The city may pay all or part of impact fees due for a new development taking into account available credits provided for in section 34-139 of this article.

(Ord. No. 2011-3768, § 1, 11-22-2011)

Impact fees established by this section are additional and supplemental to, and not in substitution for, any other requirement proposed by the city on the development of land or the issuance of building permits. Impact fees are intended to be consistent with and implement the policies of the city's comprehensive plan, the capital improvements plan, the zoning ordinance, subdivision regulations, and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of adequate public facilities in conjunction with the development of land.

(Ord. No. 2011-3768, § 1, 11-22-2011)

The following supplemental materials should be consulted for additional information related to the imposition and calculation of arterial street improvements impact fees:

(a)

Arterial Street Improvements Impact Fee Administrative Guidelines (Adopted by Resolution 2008-10).

(b)

Arterial Street Improvements Impact Fee Service Area (Adopted by Resolution 2005-50).

(c)

Methodology and Rates for Calculating the Arterial Street Improvements Impact Fee (Adopted by Resolution 2005-50).

(Ord. No. 2011-3768, § 1, 11-22-2011)

As used in this article:

Arterial street network means arterial street network transportation facilities and facility expansions as identified and discussed in the Arterial Street Improvement Impact Fee Analysis, prepared by Snyder & Associates, dated August 10, 2005, as amended.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building permit means the permit required for new construction and additions pursuant to the City Code of the City of Belton.

City manager means the city manager or his or her designee.

Developer means a person who engages in development.

Development means any man-made change to improved or unimproved land, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

Dwelling unit means one or more rooms constituting all or part of a building and that are arranged, designed, or used exclusively as a single housekeeping unit for one family, and that may include cooking, living, sanitation, and sleeping facilities.

Impact fee means arterial street improvements impact fee.

Nonresidential means created or used for any purpose other than residential uses or purposes.

Person means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

Per trip, or vehicle trip means a single or one-direction vehicle movement with either the origin or the destination (exiting or entering) at the subject building. For trip generation purposes, the total trip ends for a building over a given period of time are the total of all trips entering plus all the trips exiting a site during a designated time period.

P.M. peak hour means the hour between 4:00 p.m. and 6:00 p.m. during the weekdays, Monday through and including Friday, at which the average traffic volume is highest.

Residential means primarily created or used for a dwelling for one or more persons.

School district means a public school district of the State of Missouri.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner for either residential or nonresidential purposes.

(Ord. No. 2011-3768, § 1, 11-22-2011)