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SUMMIT COUNTY, UTAH ORDINANCE NO. __652A_ AN ORDINANCE RELATED TO THE FIXING AND PRESCRIBING OF A POLICY FOR IMPACT FEES FOR TRANSPORTATION FACILITIES, ESTABLISHING SERVICE AREAS FOR PURPOSES OF EQUITABLE DISTRIBUTION OF TRANSPORTATION IMPACT FEES, AND OTHER RELATED MATTERS WHEREAS, Summit County (the “County”) is a political subdivision of the State of Utah, authorized and organized under the provisions of Utah law; WHEREAS, the County has legal authority, pursuant to Title 11, Chapter 36 Utah Code, Annotated, as amended (“Impact Fees Act” or “Act”), to impose development Impact Fees as a condition of development approval, which Impact Fees are used to defray capital infrastructure costs attributable to growth activity; WHEREAS, the County and consulting engineers retained by the County have reviewed and evaluated the Snyderville Basin Transportation service area (“SBT service area”) attached hereto in Exhibit A: Map of the Snyderville Basin Impact Fee Boundary (Impact Fee Boundary) , and has determined that it is in the County’s best interest to establish this service area for purposes of assessing Transportation Impact Fees; WHEREAS, the County completed the Western Snyderville Basin Transportation/ Transit Plan in November 2005. This Transportation Master Plan, completed by Fehr & Peers Transportation Consultants, was amended and adopted by Ordinance __650_, in 2006. A Capital Facilities Plan, which meets the requirements of a State Code 11-36-201, was adopted by the County Commission October 4, 2006, Ordinance and WHEREAS, the County adopted Ordinance 650A and 651A to include planning and programming of facilities for the remainder of the Snyderville Basin with included traffic contributing areas; and WHEREAS, the County directed Lewis Young Robertson & Burningham, Inc. to prepare a Written Impact Fee Analysis conducted consistent and in compliance with the Impact Fees Act (Dated February 19, 2008); NOW THEREFORE, the County Commission ordains as follows: SECTION 1 PURPOSE This Impact Fee Ordinance establishes the County’s transportation Impact Fee policies and procedures and conforms to the requirements of the Utah Impact Fees Act (§11-36). This Ordinance establishes Impact Fees for transportation facilities within the SBT service area, provides a schedule of Impact Fees for differing types of land-use development, and sets forth direction for challenging, modifying and appealing Impact Fees. ---PAGE BREAK--- SUMMIT COUNTY TRANSPORTATION IMPACT FEE ORDINANCE Page 2 of 9 SECTION 2 DEFINITIONS Words and phrases that are defined in the Act shall have the same definition in this Impact Fee Ordinance. The following words and phrases shall have the following meanings: 1. “Capital Facilities Plan” means the plan required by Section 11-36-201 of the Act. In Section 11-36-201 there is an exception to the Capital Facilities Plan for cities of 5,000 or less in population, based on the latest census. Summit County does not meet this exception; therefore, the County has completed a Capital Facilities Plan in accordance with the Act and has adopted the Capital Facilities Plans in conjunction with this Ordinance. The Capital Facilities Plan is based on the Snyderville Basin Transportation master Plan as amended. Summit County is not a 1st or 2nd class county; specific additional notification is not required in Capital Facilities Plan adoption. 2. “Development Activity” means any construction or expansion of building, structure or use, any change in use of building or structure, or any change in the use of land located within the SBT service area that creates additional demand and need for Public Facilities related to transportation. 3. “Development Approval” means any written authorization from the County that authorizes the commencement of Development Activity. Typically, development approval would be in the form of a building permit issued by the County’s building department unless otherwise agreed upon in writing. 4. “County” means a local political subdivision of the State of Utah and is referred to herein as Summit County. 5. “Impact Fee” means a payment of money imposed upon Development Activity as a condition of development approval. “Impact Fee” includes development Impact Fees, but is not a tax, a special assessment, a hookup fee, a building permit fee, a fee for project improvements, or other reasonable permit or application fees, nor does it have any bearing upon past or future density incentive programs of the County. 6. “Project Improvements” means site improvements and facilities that are planned and designed to provide service for development resulting from a Development Activity and are necessary solely for the use and convenience of the occupants or users of said Development Activity. “Project improvements” do not include “System Improvements” as defined below. 7. “Proportionate Share” of the cost of public facility improvements means an amount that is roughly proportionate and reasonably related to the service demands and needs of a Development Activity. 8. “Public Facilities” means, for purposes of this Ordinance, transportation (transit or roadway) improvements or facilities of the County for the SBT service area. 9. “Service area” refers to a geographic area designated by the County based on sound planning and engineering principles in which a defined set of the County’s Public Facilities provides service. For purposes of this Ordinance, the SBT area under Utah Code Annotated 11-36-102 shall be considered a separate and distinct geographic ---PAGE BREAK--- SUMMIT COUNTY TRANSPORTATION IMPACT FEE ORDINANCE Page 3 of 9 area from the rest of Summit County, which creates different demands on the Public Facilities than the County and therefore creates different impacts on the costs of capital infrastructure. The SBT service area is identified in the attached map (Exhibit A: Impact Fee Boundary) The SBT service area is not a County Service Area under the Special Service District Act. 10. “System Improvements” refer both to existing Public Facilities designed to provide services within SBT service area and to future Public Facilities identified in the Transportation Master Plan and Capital Facilities Plan adopted by the County that are intended to provide service to the SBT service area. “System Improvements” do not include “Project Improvements” as defined above. SECTION 3 WRITTEN IMPACT FEE ANALYSIS 1. Executive Summary. A summary of the findings of the Written Impact Fee Analysis that is designed to be understood by a lay person is included as the Executive Summary—Chapter 1—of the Transportation Impact Fee Analysis and demonstrates the need for Impact Fees to be assessed on Development Activity. The Executive Summary has been available for public inspection at least fourteen (14) days prior to the adoption of this Ordinance and is included herein as Exhibit 2. Written Impact Fee Analysis. The County has commissioned the Written Transportation Impact Fee Analysis for the Transportation Impact Fees that identifies the impacts upon the transportation system and the facilities required by Development Activity, demonstrates how those impacts on System Improvements are reasonably related to Development Activity, estimates the proportionate share of the costs of impacts on System Improvements that are reasonably related to the Development Activity and identifies how the Impact Fees are calculated. A copy of Written Transportation Impact Fee Analysis has been available for public inspection at least fourteen (14) days prior to the adoption of this Ordinance. 3. Proportionate Share Analysis. The County has prepared a Proportionate Share Analysis which analyzes whether or not the proportionate share of the costs of future Public Facilities is reasonably related to new Development Activity. The Proportionate Share Analysis identifies the costs of existing Public Facilities, the manner of financing existing Public Facilities, the relative extent to which new development will contribute to the cost of existing facilities and the extent to which new development is entitled to a credit for payment towards the costs of new facilities from general taxation or other means apart from user charges in other parts of the County. A copy of the Proportionate Share Analysis is included in the Written Transportation Impact Fee Analysis and has been available for public inspection at least fourteen (14) days prior to the adoption of this Ordinance. SECTION 4 IMPACT FEE CALCULATIONS 1. Ordinance Enacting Impact Fees. The County Commission will, by this Ordinance, approve Impact Fees in accordance with the Written Impact Fee Analysis. a. Elements. In calculating the Impact Fee, the County has included the construction costs, land acquisition costs, costs of improvements, fees for planning, surveying, and engineering services provided for and directly ---PAGE BREAK--- SUMMIT COUNTY TRANSPORTATION IMPACT FEE ORDINANCE Page 4 of 9 related to the construction of System Improvements, and outstanding or future debt service charges if the County might use Impact Fees as a revenue stream to pay principal and interest on bonds or other obligations to finance the cost of System Improvements. b. Notice and Hearing. In conjunction with the approval of this ordinance, the County held a public hearing on March 12, 2008, and made a copy of the Ordinance available to the public in the Summit County Library, at least fourteen(14) days before the date of the hearing, all in conformity with the requirements of Utah Code Annotated 11-36-201 & 202. After the public hearing, the County Commission adopted this Impact Fee Ordinance as presented herein. c. Contents of the Ordinance. The Ordinance adopting or modifying an Impact Fee contains such detail and elements as deemed appropriate by the County Commission, including a designation of the SBT service area within which the Impact Fees are to be calculated and imposed. The SBT service area will be the only service area included in this analysis, with a map defining the boundaries included in Exhibit A: Impact Fee Boundary. The Ordinance includes a schedule of Impact Fees to be imposed for transportation and (ii) the formula to be used by the County in calculating the Impact Fee. d. Adjustments. The standard Impact Fee may be adjusted at the time the fee is charged in response to unusual circumstances or to fairly allocate costs associated with impacts created by a Development Activity or project. The standard Impact Fee may also be adjusted to ensure that Impact Fees are imposed fairly for affordable housing projects, in accordance with the local government’s affordable housing policy, and other development activities with broad public purposes. The Impact Fee assessed to a particular development may also be adjusted should the developer supply sufficient written information and data to the County showing a substantial discrepancy between the fee being assessed and the actual impact of the development activity on the system. Further adjustments will be via appeals procedures as defined in Section 8 of this Ordinance. e. Previously Incurred Costs. To the extent that new growth and development will be served by previously constructed improvements, the County’s Impact Fees may include public facility costs and outstanding bond costs related to the transportation improvements previously incurred by the County. These costs may include all projects included in the Capital Facilities Plan which are under construction or completed but have not been utilized to their capacity, as evidenced by outstanding debt obligations. Any future debt obligations determined to be necessitated by growth activity will also be included to offset the costs of future capital projects. 2. Developer Credits. A developer may be allowed a credit against Impact Fees for any dedication or improvement to land or new construction of System Improvements provided by the developer provided that it is identified in the County’s Capital Facilities Plan and (ii) required by the County as a condition of approving the ---PAGE BREAK--- SUMMIT COUNTY TRANSPORTATION IMPACT FEE ORDINANCE Page 5 of 9 Development Activity (iii) approved in a written agreement prior to project approval. Otherwise, no credit may be given. 3. Impact Fees Accounting. The County will establish a separate interest-bearing ledger account for the Impact Fees collected pursuant to this Ordinance and will conform to the accounting requirements provided in the Impact Fees Act. All interest earned on the collection of Transportation Impact Fees shall accrue to the benefit of the segregated account. a. Reporting. At the end of each fiscal year, the County shall prepare a report on each fund or account generally showing the source and amount of all monies collected, earned and received by the fund or account and each expenditure from the fund or account. b. Impact Fee Expenditures. The County may expend Impact Fees covered by the Impact Fees Policy only for System Improvements that are Public Facilities identified in the County’s Capital Facilities Plans and (ii) of the specific public facility type for which the fee was collected. Impact Fees will be expended on a First-In First-Out (“FIFO”) basis. c. Time of Expenditure. Impact Fees collected pursuant to the requirements of this Impact Fees Ordinance are to be expended, dedicated or encumbered for a permissible use within six years of the receipt of those funds by the County. For purposes of this calculation, the first funds received shall be deemed to be the first funds expended. d. Extension of Time. The County may hold previously dedicated or unencumbered fees for longer than six years if it identifies in writing an extraordinary and compelling reason why the fees should be held longer than six years and (ii) an absolute date by which the fees will be expended. 4. Refunds. The County will refund Impact Fees paid by a developer plus interest based on the average interest paid by the Utah State Treasurer while funds were held by the County. When the developer does not proceed with the Development Activity and files a written request for a refund; (ii) the fees have not been spent or encumbered; and (iii) no impact has resulted. An impact that would preclude a developer from a refund from the County may include any impact reasonably identified by the County, including, but not limited to, the County having sized facilities and/or paid for, installed and/or caused the installation of facilities based in whole or in part upon the Developer’s planned Development Activity even though that capacity may, at some future time, be utilized by another development. 5. Other Impact Fees. To the extent allowed by law, the County Commission may negotiate or otherwise impose Impact Fees and other fees different from those currently charged. Those charges may, at the discretion of the County Commission, include but not be limited to reductions or increases in Impact Fees, all or part of which may be reimbursed to the developer who installed improvements that service the land to be connected with the County’s system. Any adjustments will be in writing prior to the project approval and contain calculations and data sufficient to justify the action. ---PAGE BREAK--- SUMMIT COUNTY TRANSPORTATION IMPACT FEE ORDINANCE Page 6 of 9 6. Additional Fees and Costs. The Impact Fees authorized hereby are separate from and in addition to user fees and other charges lawfully imposed by the County and other fees and costs that may not be included as itemized component parts of the Impact Fee Schedule. In charging any such fees as a condition of development approval, the County recognizes that the fees must be a reasonable charge for the service provided. 7. Fees Effective at Time of Payment. Unless the County is otherwise bound by a contractual requirement, the Impact Fee shall be determined from the fee schedule in effect at the time of payment in accordance with the provisions of Section 6 below. 8. Imposition of Additional Fee or Refund After Development Activity. Should any developer undertake Development Activities such that the ultimate density or other impact of the Development Activity is not revealed to the County, either through inadvertence, neglect, a change in plans, or any other cause whatsoever, and/or the Impact Fee is not initially charged against all units or the total density within the development, the County shall be entitled to charge an additional Impact Fee to the developer or other appropriate person covering the density for which an Impact Fee was not previously paid. SECTION 5 CAPITAL FACILITIES PLAN 1. Capital Facilities Plan. The County has developed a Transportation Master Plan and Capital Facilities Plan for the County’s transportation system. The Transportation Master Plan and Capital Facilities Plan have been prepared based on reasonable growth assumptions for the SBT service area, and analyzes the general demand characteristics of current and future users of each system. Furthermore, the Capital Facilities Plan identifies the impact on System Improvements created by Development Activity and estimates the proportionate share of the costs of impacts on System Improvements that are reasonably related to new Development Activity. SECTION 6 IMPACT FEE SCHEDULE AND FORMULA1 1. Maximum Supportable Impact Fees. The fee schedule included herein represents the maximum Impact Fees which the County may impose on development within the defined SBT service area and are based upon general demand characteristics and potential demand that can be created by each class of user. The County reserves the right under the Impact Fees Act (Utah Code 11-36-202(2)(c,d)) to assess an adjusted fee to respond to unusual circumstances to ensure that fees are equitably assessed. This adjustment may result in a higher Impact Fee if the County determines that a user would create a greater than normal impact on any of the systems. The County may also decrease the Impact Fee if the developer can provide documentation that the proposed impact will be less than what could be expected given the type of user (Utah Code 11-36-202(3)(a)). 1 Fees included in Section 6 are the maximum supportable Impact Fees which can be assessed. Adjustment to these fees may be made with adequate documentation from the developer that the true impact differs from that shown. ---PAGE BREAK--- SUMMIT COUNTY TRANSPORTATION IMPACT FEE ORDINANCE Page 7 of 9 Single Family Residential 1,924.38 $ 0.92 1,766.58 $ Multi-Family Residential 1,924.38 0.60 1,160.40 Hotel Units 1,924.38 0.67 1,281.64 Health/Fitness Club 1,924.38 $ 3.65 7,031.69 $ Specialty Retail Center 1,924.38 2.90 5,583.78 Nursery (Garden Center) 1,924.38 2.90 5,583.78 Shopping Center 1,924.38 2.66 5,123.66 Supermarket 1,924.38 6.61 12,722.08 Convenience Store w/ Gas Station 1,924.38 20.65 39,734.81 Discount Superstore 1,924.38 2.90 5,583.78 Gasoline/Service Station with Convenience Market 1,924.38 34.00 65,427.03 Automated Car Wash 1,924.38 4.66 8,959.92 HighTurnover (Sit-Down) Restaurant 1,924.38 $ 10.53 20,259.88 $ Fast-Food Restaurant without Drive-Through Window 1,924.38 10.53 20,259.88 Fast-Food Restaurant with Drive-Through Window 1,924.38 26.14 50,304.86 General Office Building 1,924.38 $ 1.34 2,580.59 $ Medical-Dental Office Building 1,924.38 4.01 7,707.15 Business Park 1,924.38 1.16 2,234.21 Industrial Park (1,000 Floor Space Sf) 1,924.38 0.77 1,489.47 Drive-in Bank 1,924.38 27.26 52,467.48 Church 1,924.38 $ 1.27 2,442.04 $ Hospital 1,924.38 1.45 2,788.43 General Land-Use Categories Cost per Trip Trip Ends Impact Fee per Unit/1K Sf: Office/Industrial (1,000 Floor Space Sf) Institutional (1,000 Floor Space Sf) Restaurant/Fast Food (1,000 Floor Space Sf) Residential / Hotel (Dwelling Unit) Commercial (1,000 Floor Space Sf) 210 - Single-Family Detached Housing 1,924.38 $ 0.92 1,766.58 220 - Apartment 1,924.38 0.46 887.71 310 - Canyons Hotel 1,924.38 0.39 749.76 492 - Canyons Health/Fitness Club 1,924.38 $ 3.29 6,328.52 813 - Canyons Free-Standing Discount Superstore 1,924.38 2.61 5,025.41 814 - Canyons Specialty Retail Center 1,924.38 3.52 6,781.60 820 - Canyons Shopping Center 1,924.38 2.40 4,611.30 823 - Canyons Factory Outlet Center 1,924.38 1.31 2,519.98 841 - Canyons New Car Sales 1,924.38 1.84 3,533.16 850 - Canyons Supermarket 1,924.38 5.95 11,449.87 853 - Canyons Convenience Market with Gasoline Pumps 1,924.38 20.65 39,734.81 945 - Canyons Gasoline/Service Station with Convenience Market 1,924.38 34.00 65,427.03 932 - Canyons High-Turnover (Sit-Down) Restaurant 1,924.38 $ 10.53 20,259.88 933 - Canyons Fast-Food Restaurant without Drive-Through Window 1,924.38 28.82 55,460.66 934 - Canyons Fast-Food Restaurant with Drive-Through Window 1,924.38 26.14 50,304.86 710 - Canyons General Office Building 1,924.38 $ 1.21 2,322.54 720 - Canyons Medical-Dental Office Building 1,924.38 3.60 6,936.43 770 - Canyons Business Park 1,924.38 1.04 2,010.79 912 - Canyons Drive-in Bank 1,924.38 27.26 52,467.48 Office (1,000 Floor Space Sf) Residential / Hotel (Dwelling Unit) Canyons SPA Land-Use Categories Cost per Trip Trip Ends Impact Fee per Unit/1K Sf: Commercial (1,000 Floor Space Sf) Restaurant/Fast Food (1,000 Floor Space Sf) RECOMMENDED TRANSPORTATION IMPACT FEES: Transportation Impact Fees – Service Area Excluding Canyons SPA Transportation Impact Fees – Canyons SPA ---PAGE BREAK--- SUMMIT COUNTY TRANSPORTATION IMPACT FEE ORDINANCE Page 8 of 9 Total Capital Projects Fee Future Roadway Projects 49,759,869 $ 42.95% 21,371,497 $ 12,365 1,728.35 Buy-In Cost 5,936,579 42.95% 2,549,717 12,365 206.20 $ Total Capital Projects Fee Miscellaneous Fee Impact Fee Updates 205,233 $ 100% 205,233.03 12,365 16.60 Stabilization Fee/(Credit) (331,019) $ 100% (331,018.79) 12,365 (26.77) Miscellaneous Fee Credits and Cost Summary Net Impact Fee Cost per Trip 55,570,662 $ 23,795,428 $ 12,365 1,924.38 $ % Related to Growth Growth Related Costs Growth Related Trips Cost per New Trip Roadway Projects Total Costs FORMULA FOR CALCULATION OF NON-STANDARD TRANSPORTATION IMPACT FEES SECTION 7 FEE EXCEPTIONS AND ADJUSTMENTS 1. Waiver for “Public Purpose”. The County Commission may, on a project by project basis, authorize exceptions or adjustments to the Impact Fees due from development for those projects the County Commission determines to be of such benefit to the community as a whole to justify the exception or adjustment. Such projects may include facilities being funded by tax-supported agencies, affordable housing projects, or facilities of a temporary nature. The County Commission may elect to waive or adjust Impact Fees in consideration of economic benefits to be received from the developer’s activity. Procedures: a. Applications for exceptions are to be filed with the County at the time the applicant first requests project approval. b. Staff will review the request and give recommendations to the County Commission. SECTION 8 APPEAL PROCEDURE 1. Any person or entity that has paid an Impact Fee pursuant to this Ordinance may challenge the Impact Fee by filing: a. An appeal to the County pursuant to paragraph 2, 3 and 4 of this Section 8; b. A request for arbitration as provided in Utah Code Ann. § 11-36-402(1), as amended; or c. An action in state district court as provided in Utah Code Ann. § 11-36- 401(4)(c)(iii), as amended. 2. Application. Any person or entity that has paid an Impact Fee pursuant to this Ordinance may challenge or appeal the Impact Fee by filing a written notice of appeal with the County Commission within 30 days of the date that the fee was paid. 3. Hearing. Upon receiving the written notice of appeal, the County shall set a hearing date to consider the merits of the challenge or appeal. The person or entity challenging or appealing the fee may appear at the hearing and present any written or oral evidence ---PAGE BREAK--- SUMMIT COUNTY TRANSPORTATION IMPACT FEE ORDINANCE Page 9 of 9 deemed relevant to the challenge or appeal. Representatives of the County may also appear and present evidence to support the imposition of the fee. 4. Decision. The hearing panel, which shall consist of the County Commission or such other body as the County shall designate, shall hold a hearing and make a decision within 30 days after the date the challenge or appeal is filed. SECTION 9 MISCELLANEOUS 1. Severability. If any section, subsection, paragraph, clause or phrase of this Impact Fee Policy shall be declared invalid for any reason, such decision shall not affect the remaining portions of this Impact Fee Policy, which shall remain in full force and effect, and for this purpose, the provisions of this Impact Fee Ordinance are declared to be severable. 2. Interpretation. This Impact Fee Ordinance has been divided into sections, subsections, paragraphs and clauses for convenience only and the interpretation of this Impact Fee Ordinance shall not be affected by such division or by any heading contained herein. 3. Effective Date. This Ordinance shall take effect after 15 days of the date below and upon publication in a newspaper published and having general circulation in Summit County. PASSED AND ADOPTED on the day of 2008 BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, STATE OF UTAH By: Ken Woolstenhulme, Chair, Summit County Board of Commissioners Commissioner Woolstenhulme voted Commissioner Richer voted Commissioner Elliott voted ATTEST: County Clerk, Summit County, Utah County Clerk