Adelanto Municipal Code Ch. 14.36 Development Impact Fees

The intent of this Chapter is to establish development impact fees to be applicable to development in order to offset the direct, cumulative, incremental, and indirect impacts of development on public facilities and services. It is further intended that a system of development impact fees can more equitably account and distribute the costs of providing and maintaining adequate levels of public facilities and services as established in the General Plan of the City.

[Ord. No. 425, adopted 2/23/05; Ord. No. 440, adopted 10/26/05.]

Development impact fees shall be required as a condition of issuance of a building permit for construction of all new buildings, or where a building permit is not required for any development or use of private property, other than permitted as a temporary use in Chapter 17.155 of the Zoning Code. Fees shall be paid prior to the final inspection of a building or certificate of occupancy. Where a building permit is not required, fees shall be paid prior to initiation of use of the property. No occupancy of a new building or use of private property other than temporary use as specified above shall be considered permitted until applicable development impact fees have been paid to the City.

[Ord. No. 425, adopted 2/23/05; Ord. No. 440, adopted 10/26/05.]

A development impact fee of two thousand eight hundred ninety dollars ($2,890.00) per dwelling unit for the provision of park and recreation facilities shall be paid for all new dwelling units in the City, including second dwelling units, for which permits are issued after the effective date of Ordinance No. 425. However, for the period between the effective date of Ordinance No. 425 and January 1, 2006, a reduction of fifty (50) percent shall be allowed for permits issued prior to January 1, 2006, so that the development impact fee for park and recreation facilities for permits issued prior to January 1, 2006, shall be one thousand four hundred forty-five dollars ($1,445).

[Ord. No. 425, adopted 2/23/05; Ord. No. 440, adopted 10/26/05.]

Development impact fees for the implementation of Master Drainage Plan facilities shall be paid for all new development in the City, for which permits are issued after the effective date of Ordinance No. 425 as specified below:

Non-Residential Development: $ 11,900 per gross acre

Residential Development

Detached Single Family Residential $ 3,132 per dwelling unit

Development (not including

second units

Attached Single Family Residential $ 1,566 per dwelling unit

Development and Multi-Family Residential Development

However, for the period between the effective date of Ordinance No. 425 and January 1, 2006, a reduction of fifty (50) percent shall be allowed for permits issued prior to January 1, 2006, so that the development impact fee for Master Drainage Plan facilities for permits issued prior to January 1, 2006, shall be as follows:

Non-Residential Development: $ 5,950 per gross acre

Residential Development

Detached Single Family Residential $ 1,566 per dwelling unit

Development (not including

second units

Attached Single Family Residential $ 778 per dwelling unit

Development and Multi-Family Residential Development

[Ord. No. 425, adopted 2/23/05; Ord. No. 440, adopted 10/26/05.]

The Finance Director shall establish a Special Fund for each category of development impact fee established by this Chapter. All fees collected pursuant to this Chapter shall be deposited in the respective Special Fund established for that particular fee, and shall be expended solely to finance the planning, environmental review, design, construction, and development of facilities and related infrastructure necessary to support those facilities. Excess funds may be loaned from one Special Fund to another, or to the General Fund, as long as the loan (“Inter-Fund Loan “) complies with State law, does not interfere with the purpose for which the Special Fund was established, and is paid back in full within two years of the effective date of the loan agreement. If an Inter-Fund Loan remains outstanding at any given time, an additional Inter-Fund Loan shall only be permitted upon specific approval of the City Council.

[Ord. No. 425, adopted 2/23/05; Ord. No. 440, adopted 10/26/05; Ord. No. 566, Section 2, adopted 4/26/17.]

A. Facilities built by developers shall be built to ultimate capacity, including lining the sides of the facilities as described in the Master Plan of Drainage, unless specifically conditioned otherwise. Where approved by the City Engineer and the Community Development Director, partial improvements may be constructed that are consistent with the ultimate improvements but can be reasonably further improved at a later date. (Master Plan facilities are intended as "soft-bottom" facilities to allow for percolation.) Facilities shall also be designed with vehicular access structures downstream of each road crossing to allow for access for maintenance.

B. Credits against fees and Reimbursement Agreements for capital expenditures consistent with the Master Plan of Drainage and this Chapter shall be subject to the review and approval of the City Engineer and Community Development Director and may be considered up to one hundred (100) percent of the eligible cost for construction of Master Plan Facilities. This would include "dry", all weather, one hundred (100)-year crossings built to ultimate capacity which are included in the Background Report for Fees. Reimbursement Agreements shall require City Council approval.

C. Credits and reimbursements shall be limited to costs as defined in the Background Report for Fees. Credits and reimbursements for "crossings" shall be limited to "dry", all weather, one hundred (100)-year crossings identified in the Background Report and shall not exceed amounts determined by the City Engineer based on amounts included in the Background Report for Fees.

D. The City will consider Reimbursement Agreements for construction of Master Plan Facilities, including "dry", all weather, one hundred (100)-year crossings identified in the Background Report, subject to the following:

1. Reimbursement Agreements for projects subject to the fifty (50) percent fees between April 25, 2005 and January 1, 2006 shall be limited to fifty (50) percent of the construction costs in excess of any credits.

2. Reimbursement Agreements shall require approval of the City Council.

3. Reimbursement Agreements shall not exceed a period of ten (10) years, after which they shall expire, even if all expenditures have not been reimbursed.

E. Development fees collected for Master Drainage Plan facilities shall be apportioned as follows:

1. Fifty (50) percent shall be reserved for critical facilities as determined by the City Council.

2. Fifty (50) percent may be allocated for reimbursements within the "watershed" of the specific channel in which the project is located.

3. Priority for reimbursements shall be at the discretion of the City Council. Reimbursements typically will be apportioned on a pro-rata basis within each "watershed" for each project which has a Reimbursement Agreement.

F. All design and construction must be approved by the City Engineer. The City reserves the right to collect fees and design and construct facilities under City supervision rather than allowing the developer to construct facilities.

G. The City Council may authorize alternative facilities that achieve the same purpose as a Master Plan facility that would be eligible for credits, reimbursements, and expenditure of fees for Master Plan Drainage facilities.

[Ord. No. 440, adopted 10/26/05.]