The development of land results in new and increased demands on city facilities and services, including but not limited to, schools, roads, water, parks, fire and emergency services providers, and recreation facilities. The costs of providing such additional services and facilities should be borne by those who create the new or additional need. Accordingly, new development shall contribute toward meeting the increased public service needs as provided in this article. These required contributions, whether in the form of fees, dedicated land, or other contributions are generally referred to in this article as development fees.

(Ord. No. 2146, December 2017)

All development fees required pursuant to this article shall be satisfied through the dedication of land, the payment of a fee, or a combination thereof, as determined by the city, except as allowed for fire and emergency services fees collected by a fire and emergency services provider. No landowner shall be required to provide a site specific dedication or improvement to satisfy the same need for capital facilities.

(Ord. No. 2146, December 2017)

Separate accounts shall be established for each fee imposed under the provisions of this article. The interest earned in each account shall be considered funds of that account and shall be used solely for the purposes authorized for such funds as provided herein.

(1)

Title. All lands required to be dedicated under this article shall be dedicated to the city without restriction and free and clear of any and all liens, restrictions, and covenants, regardless of whether the city or another entity will be the ultimate user under the proposed use.

(2)

Preservation. All lands to be dedicated to the city under this article shall be preserved and protected during the development process. The developer shall not disturb the topsoil or vegetation on the land during the development process nor use the land as a construction staging or stockpiling area. If the topsoil or vegetation is damaged or disturbed, the developer shall pay the cost of restoring such vegetation or topsoil to its original condition. All construction debris and other foreign matter shall be removed from the site prior to dedication.

(3)

Environmental Assessment. The city may require an environmental assessment of any real property offered to the city, through dedication or other conveyance, for park, open space, trails, rights-of-way, or other public purposes. All such environmental assessments shall be prepared by a qualified professional approved by the city, at the expense of the applicant, and shall address all issues and potential impacts relevant to the subject lands and/or the proposed future use. The city shall not approve a dedication unless the applicant provides remediation of all known hazardous substances or significant risks shown by the environmental assessment. The applicant shall file with the city proof of remediation of hazardous substances or significant risks to a satisfactory level and in compliance with standards established by federal, state or local government. In addition to an environmental assessment, or in lieu thereof, the city may require the applicant to provide indemnification and/or warranties for the environmental condition of any real property dedicated or otherwise conveyed to the city.

Appeals pertaining to the calculation of any development fee required by this article may be made to the city manager.

(1)

Applicability. The school fee shall apply to all new residential development located within the city, except:

(a)

Real property that is listed as exempt from real property taxation by the Adams County Clerk and Recorder's Office, except as used for residential purposes.

(b)

Developments that qualify as housing for older persons pursuant to the Federal Fair Housing Act. In the event that a development intended for housing for older persons fails to qualify, or after having qualified, relinquishes or loses its qualification, the development shall be required to pay the school fee at the time the development is finally determined to be nonqualifying.

(c)

Nursing homes and similar residential accommodations that primarily provide care and supervision to disabled persons or other persons who are generally confined to the facility for medical, physical, or mental reasons.

(2)

Calculations.

(a)

Student Population per Dwelling. For purposes of calculating the school land needs associated with any new development, the student population per dwelling unit type shall be deemed to be as follows:

Table IX-1. Student Population Per Dwelling Unit

(b)

Student Population Per Development. The student population per development is determined by adding together the student population for each type of dwelling unit located within the development. For example, if a proposed development had five single-family detached homes, two townhouses, and ten apartments, the calculation would be as follows: 5 × .775 (for the single-family detached homes) + 2 × .303 (for the townhouses) + 10 × .195 (for the apartments) for a total student population of 6.431.

(c)

School Land Requirement Formula. The land, in acreage, required for dedication shall be determined by multiplying the student population per development by the land area required per student, currently .02 acres. Using the example above, the school land requirement for a development with five single-family detached homes, two townhouses, and ten apartments, is 6.431 (the number of students in the development) multiplied by .02 (the land area required per student), or .12862 acres.

(3)

Method of Satisfaction. At the time of city review of a PUD concept schematic or a sketch plat, whichever occurs earlier, the school district(s) affected by the proposed development should indicate its preference for a land dedication or fee-in-lieu payment. If no PUD concept schematic or sketch plat is submitted, the school districts should indicate its preference after reviewing the PUD zone document or the plat application.

(a)

Dedication of Land. If it is determined that land dedication is appropriate, the developer shall designate on the final plat the land that will be dedicated for future school use. The city shall determine the acceptability of such land. In making such determination, the city may consider the school district's opinion regarding the acceptability of the land in addition to the following:

(i)

Whether the size, location, and shape of site are appropriate for a school site;

(ii)

Whether the city has received an assurance that utilities will be extended by the developer or other entity to property boundaries of site and that site development will include adjacent street(s), curb, gutter, sidewalks and street lighting. The extension of utilities and site development shall be done in conjunction with development of the adjacent properties. However, if development of the adjacent properties has not been done and the school district is ready to build a school on the site, the extensions of utilities and site development will be completed by school district and reimbursed by the developer in accordance with a reimbursement agreement or recovery agreement at the time such adjacent property is developed;

(iii)

Whether there exists no more than a three percent slope of land for the school building site;

(iv)

Whether the opportunity exists for shared uses with other community facilities;

(v)

Whether there is direct access to a collector or local street for a K—8, elementary school, and middle school or direct access to an arterial or collector streets for a high school; and

(vi)

Whether the site is otherwise appropriate for development as a school.

(b)

Fee-in-Lieu. If the city determines that a proposed land dedication is inappropriate, impractical, or otherwise not in accordance with the city's parks and recreation master plans or the school district's long-range facilities master plan, then the payment of a fee-in-lieu of dedication shall be required. The fee will be calculated by multiplying the amount of land required to be dedicated pursuant to the formula set forth in paragraph (2) above, less any land that has been accepted by the city in partial satisfaction of the school impact fee, by the average market value of land per acre. The city shall use the value provided by the school district which shall be based upon the average market value of residential land according to the Adams County Assessor's Office.

If the developer objects to the average market value determination, the developer may request that the city obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the city and the developer, which appraisal will be considered by the city in determining the fair market value. All costs required to obtain such appraisal shall be borne by the developer and the results of the appraisal shall be binding on the parties.

(4)

Collection.

(a)

Fees-in-lieu shall be paid to the city at the time of final subdivision plat approval or issuance of a new residential building permit, whichever occurs first, or as detailed in a development agreement between the city and developer. Monies which are collected by the city shall be kept in an account as set forth in section 21-9120. The school districts within the city shall be eligible to obtain the monies collected within their district, less a two percent administrative fee, in accordance with paragraph 5 below.

(b)

Land reserved for school sites shall be dedicated to the city and held in ownership by the city until such time as the school district determines to build a school or that a school is not needed or feasible on the site. If the school district determines that there is not a need for a school on the site, then that land may be sold by the city. The owner of the land at the time of subdivision, or assigns, shall have the right of first refusal to purchase the site at the cost of the original fee-in-lieu plus reasonable yearly interest earnings. The proceeds of the sale, minus reasonable costs incurred by the city in the ownership and sale of the site, shall be paid to the appropriate school district. The city and appropriate school district shall review any land that is held by the city for a period of ten years to determine its need and viability as a school site. If it is determined that the land should not be sold, subsequent reviews shall be conducted thereafter at five-year intervals to determine need and viability.

(5)

Transfers to School Districts. Prior to transferring land or money collected pursuant to this article to the school district, the school district shall adopt a resolution which establishes the need for the school site to the satisfaction of the city. In making such determination the city may consider the following:

(a)

Whether the school district has formally adopted a plan that designates a location for the site of a future school;

(b)

Whether the proposed location is in conformance with the city's comprehensive plan;

(c)

If money is requested, whether the school district has a contract for the purchase of the school site; and

(d)

Whether the school district has a site plan with a fully executed development agreement, which includes acreage, fees, and water resources related to the site in addition to other items typically addressed by way of a development agreement.

(1)

Applicability. The public parks and recreation fee shall apply to residential development on each newly subdivided lot in the City and any existing subdivided lot that is being redeveloped with a new use that increases the residential use intensity or density associated with the property. This includes the entirety of any mixed-use development with any permitted residential use or residential development.

(2)

Fee Schedule.

(a)

The fee schedule shall be established annually by City Council resolution and shall be based on a public safety impact fee study and adjustments for inflation.

(b)

Fee amounts shall be displayed on the City Website.

(3)

Methods of Satisfaction. The City will determine whether a land dedication or a fee is required based upon all relevant factors associated with the development and in accordance with the City's parks and recreation master plans.

(a)

Dedication of Land.

(i)

All land dedicated to the City must possess suitable access and shall be of a location, size, shape, and topography suitable for development into active recreational areas without significant earthmoving, unless otherwise approved by the City. The City shall have the option to accept as part of the dedication requirement major floodplains, narrow strips to provide trail connections from one major recreational or park area to another, or other undevelopable area suitable for open space.

(ii)

The applicant shall dedicate to the City land for recreation purposes in locations designated in the parks and recreation master plan or otherwise where the dedications are approved by the City Manager.

(iii)

The dedicated area shall be shown and marked on the plat "Dedicated for Public Use."

(b)

Fee-in-Lieu. Where the development is small and there are no planned parks, trails, or open space per the park and recreation master plan, the City shall require a cash contribution in lieu of the land dedication.

(c)

Combination of Land and Fee. A combination of land dedication and fee-in-lieu may be accepted provided the total value of the land dedication and parks fee is equivalent to the value of the fee schedule.

(4)

Credits.

(a)

If, at the time of annexation of the land on which a development is proposed, the developer or a predecessor in interest dedicated lands to the City for public purposes, the land dedication requirements of this section shall be reduced by the number of acres dedicated at the time of annexation.

(b)

If the applicant constructs or agrees to construct portions of public parks, trails, and recreation facilities, the cost of those improvements may be deducted from the fee amount, as approved by the City.

(5)

Public Trails.

(a)

Dedication and Construction. The City may require an easement over, or the dedication of land lying within the boundaries of, a development to provide for public trails which are referenced in or depicted on the City's parks and recreation master plans.

(b)

Credit Towards Park and Recreation Fee.

(i)

Land dedications accepted by the City for trails referenced in or depicted on the City's parks and recreation master plans may be credited against the park and recreation fee requirements of the development.

(ii)

Land dedications accepted by the City for trails not referenced or depicted on the City's parks and recreation master plans may, in the City's discretion, be credited, in whole or in part, against the park and recreation fee requirements of the development.

(iii)

No credit shall be given for any sidewalks or trails within street rights-of-way or on land within the development required to be dedicated for purposes other than park or trail use.

(6)

Collection. Park and recreation fees or dedications shall be paid or made to the City at the time of final subdivision plat approval or issuance of a new building permit, whichever occurs first, or as detailed in an annexation agreement or development agreement between the City and developer.

(Ord. No. 2108, October 2016; Ord. No. 2502, § 2(Exh. A), 5-15-2023)

(1)

Applicability.

(a)

This Chapter shall apply to all lands within the incorporated jurisdiction of Commerce City as amended by future annexations and generally described herein as the Northern Range and Core City areas. The Northern Range is defined as areas of the City located north of Rocky Mountain National Arsenal Wildlife Refuge boundary and City and County of Denver boundary, south of Brighton boundary, east of the South Platte River, and west of Watkins Road. The Core City is defined as areas of the City located north of the City and County of Denver boundary, south of 80th Avenue, east of South Platte River, and west of Rocky Mountain National Arsenal Wildlife Refuge boundary.

(b)

All lands in the Northern Range and the Core City that are to be developed or undergoing a change in use shall be subject to the provisions of this Section unless explicitly exempted otherwise in this Section.

(c)

Exemptions. The following are exempt from this Section:

(i)

Development that will not generate additional vehicular trips as demonstrated by the applicant to the City's satisfaction.

(ii)

Alteration or expansion of an existing building where no additional units are created and where no additional vehicular trips will be generated over those produced by the existing use as demonstrated by the applicant to the City's satisfaction.

(iii)

Construction of accessory buildings or structures which will not generate additional vehicular trips over those produced by the principal building or use of the land as demonstrated by the applicant to the City's satisfaction.

(iv)

Replacement of a wholly or partially destroyed building or structure with a new building or structure of the same size and use provided that no additional vehicular trips will be generated over those produced by the original land use as demonstrated by the applicant to the City's satisfaction.

(2)

Fee Schedule.

(a)

The fee schedule shall be established annually by City Council resolution and shall be based on the Road Impact Fee Study and adjustments for inflation.

(b)

Fee amounts shall be displayed on the City Website.

(3)

Independent Fee Calculation Study.

(a)

The road impact fee may be computed by the use of an independent fee calculation study upon submittal of an application by the applicant or, in the event that the particular development is not listed on the fee schedule or the nature, timing, or location of the proposed development makes it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule, election of the City. The party requesting the study shall be responsible for the costs associated with the study. In addition, if the developer applies for the independent fee calculation study, the developer shall be required to pay an application fee as set by City Council.

(b)

The independent fee calculation study shall use the following formula to calculate the fee required.

_____

Where: VMT — Vehicle-miles of travel placed by the development on the major road system during the PM peak hour

TRIPS — Peak hour trip ends during PM peak of adjacent street traffic, from ITE Trip Generation Manual or other acceptable method approved by C3

% NEW — Percent of trips that are primary trips, as opposed to pass-by or diverted-link trips

LENGTH — Average length of a trip on major road system (as outlined in Figure 8 of the 2021 Road Impact Fee Report)

÷ 2 — Avoids double-counting trips for origin and destination

COST/VMT — Average cost to create a new vehicle-mile of capacity (VMC) based on planned arterial improvements

CREDIT/VMT — Revenue credit per VMT, based on estimated state/federal funding for City arterial improvements in service area over 20 years divided by total existing arterial VMT

_____

(c)

Calculations. The fee calculations shall be based on data, information, or assumptions contained in this Section or independent sources, provided that:

(i)

The independent source is an accepted standard source of transportation engineering or planning data or information; or the independent source is a local study on trip characteristics carried out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering; and

(ii)

The percent of new trips factor and average trip length used in the independent fee calculation study, if different from those contained in the Road Impact Fee Study for the same land use type, shall be based on actual surveys conducted in Commerce City.

(d)

Approval. If the independent fee calculation study satisfies the requirements of this Section, the fee determined in the independent fee calculation study shall be deemed the fee due and owing for the proposed traffic-generating development. The adjustment shall be set forth in a fee agreement. If the independent fee calculation study fails to satisfy the requirements of this Section, the fee applied shall be that fee established by City Council for the traffic-generating development.

(4)

Payment. Road impact fees shall be paid to the City at the time of issuance of a building permit for the development. The fee shall be computed separately for each building permit.

(5)

Reimbursement.

(a)

Any person subject to the road impact fee may apply for reimbursement up to but not exceeding the full obligation for impact fees due pursuant to the provisions of this Section, for any contribution, payment, or construction accepted and received by the City for any non-site-related road capital improvements on the major road system that are identified in the Road Impact Fee Study.

(b)

No reimbursements shall be provided for land dedication or for site-related improvements or for improvements to the major road system not specifically identified in the Road Impact Fee Study.

(c)

Reimbursement shall be in an amount equal to the fair market value of the construction at the time of its completion, or the value of the contribution or payment at the time it is made to the City. Reimbursements shall be transferable in the same development but shall not be transferable for reimbursement for impact fees required to be paid for other public facilities

(6)

Road Districts. Impact fee funds shall be spent for building and improving roads within the benefit district in which the development that caused the road impact fee is located. Together, the road benefit districts cover all incorporated areas of the City. Each district is generally described below and further depicted in the Benefit Districts Map on the City website:

(a)

Northern Range Benefit District 1 is the area of the Northern Range west of Highway 2 and north of 80th Avenue.

(b)

Northern Range Benefit District 2 is the area of the Northern Range between Highway 2 and the boundary generally defined by Piccadilly Road.

(c)

Northern Range Benefit District 3 is the area of the Northern Range east of the boundary generally defined by Piccadilly Road.

(d)

Core City Benefit District is the area of the City located north of City and County of Denver boundary, south of 80th Avenue, east of South Platte River, and west of Rocky Mountain National Arsenal Wildlife Refuge boundary.

(Ord. No. 2390, § 1(Att.), 3-6-2023)

(1)

Applicability. Water acquisition fees shall be assessed on the construction of new structures in the city, except that no fee shall be assessed when the new structure replaces an existing structure on the site and does not result in an increase in the density or intensity of use on the property or the new structure is being constructed for the purpose of housing a governmental or quasi-governmental entity or service.

(2)

Fee. The water acquisition fee is set at $1,428.01 for each dwelling unit or nonresidential structure for the year 2017 and shall escalate at a rate of 10 percent per year effective upon January 1 of each successive year commencing in 2019. The monies collected pursuant to this section shall be used to acquire or retain water rights for the purpose of watering city parks, recreational facilities and other city owned facilities.

(3)

Collection. Water acquisition fees shall be paid to the city upon the issuance of a building permit.

(Ord. No. 1854, April 2011; Ord. No. 2120, March 2017)

(1)

Applicability. All construction requiring issuance of a building permit in the basin areas described in this Section shall pay a drainage fee in accordance with the provisions of this Section unless specifically exempted below.

(a)

First Creek Drainage Basin.

(b)

Second Creek Drainage Basin.

(c)

Third Creek Drainage Basin.

(d)

Henderson Creek Drainage Basin.

(e)

Irondale Gulch Drainage Basin.

(f)

Exemptions. Drainage fees shall not be assessed against land dedicated for school sites, City parks and City owned open space, flood plain areas, the Tower Road Landfill (F.K.A. BFI Landfill) area and such other construction as may be determined by the City to not contribute to the need for the regional drainage improvements provided for in this Article.

(2)

Fee Schedule.

(a)

The fee schedule shall be established annually by City Council resolution and shall be based on the Drainage Impact Fee Study and adjustments for inflation.

(b)

Fee amounts shall be displayed on the City Website.

(3)

Fee Adjustment for Commercial Districts. The applicable drainage impact fee shall be half of the calculated fee required by this Section for new commercial developments in the C-1, C-2, and C-3 districts. The remainder of the costs shall be borne by the City.

(4)

Payment. Drainage fees shall be paid to the City at the time of issuance of a building permit for the development or grading permit for roadway development. The fee may be computed separately for each building and grading permit.

(5)

Reimbursement. Credits toward or from payment of the Regional Drainage Improvement Fee shall be given to developers who construct and pay for regional drainage improvements for which the Regional Drainage Improvement Fees are otherwise required by this Section provided that such regional drainage improvements are first authorized by the City, constructed in accordance with plans approved by the City and after construction, are accepted by the City.

(Ord. No. 2391, § 1(Att.), 3-6-2023, eff. 5-1-2023)

(1)

Applicability. A fire and emergency services fee shall be assessed on new structures requiring a certificate of occupancy within the jurisdictional boundaries of either South Adams County Fire Protection District or Greater Brighton Fire Protection District, as amended from time to time, in the City except:

(a)

When the new structure replaces an existing structure on the site and does not result in an increase in the density or intensity of use on the property;

(b)

For low-income housing dwelling units, provided such dwelling units are intended to be occupied or owned, as evidenced by income qualified deed restrictions for units for sale or income qualifications existing for a period of at least ten (10) years for units for rent, by individuals or families whose income is: for low-income housing, sixty percent (60%) or less of area median income;

(c)

For structures within any urban renewal area in existence at the time of the application for a building permit;

(2)

Schedule. Fire and emergency services fees shall be imposed according to the following schedule for development within the boundaries of a fire and emergency services provider listed below:

Table IX-4. Fire and Emergency Services Fee

For mixed commercial and industrial development, the predominant use shall determine the applicable fee.

(3)

Method of Satisfaction. Fire and emergency services fees payable under this section may be paid as a fee or a contribution of land or capital facilities having a value not to exceed the amount of the fee, or any combination of such fee or contribution, with the agreement of the landowner or developer and the applicable fire and emergency services provider.

(4)

Collection. Fire and emergency services fees shall be payable at the time of issuance of building permit and shall be collected by the applicable fire and emergency services provider. The fee may be computed separately for each building permit. Confirmation of satisfaction of the fee obligations under this section from the applicable fire and emergency services provider shall be a condition to the issuance of a building permit.

(5)

Intergovernmental Agreement. The details of collection and remittance of fire and emergency services fee, and other matters concerning such fees not inconsistent with this ordinance, shall be established in an intergovernmental agreement between the city and the applicable fire and emergency services provider. No fire and emergency services fee shall be payable for a new structure within the jurisdictional boundaries of a fire and emergency services provider if, when the building permit would be issued but for satisfaction of the fire and emergency services fee, the intergovernmental agreement between the city and that fire and emergency services provider has not been enacted or has been terminated.

(6)

Limitation. No fire and emergency services fee shall be imposed on an individual landowner to fund expenditures for a capital facility used to provide fire, rescue, and emergency services if the landowner is already required to pay an impact fee or other similar development charge for another capital facility used to provide a similar fire, rescue, and emergency service or if the landowner has voluntarily contributed money for such a capital facility.

(Ord. No. 2146, December 2017)

(1)

Applicability. An Oil and Gas Impact Fee, as required by this code, shall be assessed on oil and gas Well Sites requiring an Oil and Gas Permit within the jurisdictional boundaries of the City of Commerce City, as may be amended from time to time. The Oil and Gas Impact Fee is limited to defray the projected impacts caused by oil and gas traffic to certain of the City's capital facilities, specifically, the road system inclusive of roadways and bridges.

(2)

Schedule. The Oil and Gas Impact Fee is comprised of the two parts. Part one is the fee per pad and part two is the fee per well. The per-pad fee is a fixed amount applicable to all Well Sites. The per-well fee is based on the maximum number of wells that may be drilled at the Well Site according to an approved Oil and Gas Permit. The Oil and Gas Development Impact Fee shall be imposed according to the following schedule:

(3)

Method of Satisfaction. The Oil and Gas Development Impact Fee shall be payable directly to the City. No alternative means exists to satisfy this obligation except as set forth herein.

(4)

Collection. The Oil and Gas Development Impact Fee shall be paid to the City following approval of an Oil and Gas Permit but as a condition precedent to the actual issuance of said permit.

(5)

Limitation. Where the applicant for an Oil and Gas Permit is also required to pay the Road Impact Fee pursuant to section 21-9220, then only to the extent the Road Impact Fee defrays the impacts to the same capital facilities as those addressed by this section as determined by the Director, may the Applicant be excused only from the duplicative portion of the Road Impact Fee.

(6)

Alternative Fee to Oil and Gas Impact Fee. An Applicant for an Oil and Gas Permit may file an objection to the Oil and Gas Impact Fee only at the time of application submission. Concurrent with the filing of the objection, the Applicant must submit an alternative impact fee analysis. If the alternative impact fee analysis, at the discretion of the Director of Community Development, establishes by clear and convincing evidence that:

(a)

It is more reasonable than the study underlying this section;

(b)

It is no less rigorous than that used to establish the fees set forth herein;

(c)

The fees established herein will substantially impact the viability of the Applicant's development;

(d)

The fee established herein will have a disproportionate impact on the Applicant's development in relation to other applicants; and

(e)

The alternative fee analysis study meets all state and city statutory requirements for impact fees, then the Director may adopt the alternative fee set forth by the Applicant which will be applicable only to the application at issue.

(Ord. No. 2213, May 2019)

(1)

Applicability. The public safety fee shall apply to all new development located within the City and shall be collected prior to building permit issuance.

(2)

Fee Schedule.

(a)

The fee schedule shall be established annually by City Council resolution and shall be based on a public safety impact fee study and adjustments for inflation.

(b)

Fee amounts shall be displayed on the City Website.

(3)

Credits and/or Reimbursements. Credits and/or reimbursements toward or from payment of the public safety impact fee shall be given to developers who construct and/or pay for public safety improvements for which the public safety improvement fees are otherwise required by this section provided that such improvements:

(a)

Are first authorized by the City;

(b)

Are constructed in accordance with plans approved by the City; and

(c)

After construction, are accepted by the City.

(Ord. No. 2501, § 2(Att.), 5-15-2023)

(1)

Applicability. The general government fee shall apply to all new development located within the City and shall be collected prior to building permit issuance.

(2)

Fee Schedule.

(a)

The fee schedule shall be established annually by City Council resolution and shall be based on a general government impact fee study and adjustments for inflation.

(b)

Fee amounts shall be displayed on the City Website.

(3)

Credits and/or Reimbursements. Credits and/or reimbursements toward or from payment of the general government impact fee shall be given to developers who construct and/or pay for general government improvements for which the general government improvement fees are otherwise required by this section provided that such improvements:

(a)

Are first authorized by the City;

(b)

Are constructed in accordance with plans approved by the City; and

(c)

After construction, are accepted by the City.

(Ord. No. 2448, § 2(Exh. A), 5-15-2023)

(1)

Applicability. The public works fee shall apply to all new development located within the City and shall be collected prior to building permit issuance.

(2)

Fee Schedule.

(a)

The fee schedule shall be established annually by City Council resolution and shall be based on a public works impact fee study and adjustments for inflation.

(b)

Fee amounts shall be displayed on the City Website.

(3)

Credits and/or Reimbursements. Credits and/or reimbursements toward or from payment of the public works impact fee shall be given to developers who construct and/or pay for public works improvements for which the public works improvement fees are otherwise required by this section provided that such improvements:

(a)

Are first authorized by the City;

(b)

Are constructed in accordance with plans approved by the City; and

(c)

After construction, are accepted by the City.

(Ord. No. 2500, § 2(Exh. A), 5-15-2023)