Sec. 17-52. - Use of fees.

(a)

The fees imposed by the city under this article shall be used to pay, in whole or in part, the estimated reasonable cost of providing specified capital improvements, the need for which is attributable to development projects.

(b)

As described in each implementing resolution, the fees shall be imposed based on specified capital improvement categories, which may include, without limitation, fees for transportation improvements, park land and facilities, police and fire facilities, affordable housing, and other capital improvements.

(c)

For each separate improvement category, a separate fee shall be calculated and imposed, and each separately imposed fee shall be collected by the city and deposited in a separate and distinct "fee fund," subject to the accounting requirements of the Mitigation Fee Act.

(d)

To more effectively mitigate the impact of new development and maximize the use of fee revenues, fee revenues may be used as temporary loans from one (1) fee fund to another fee fund if the director makes findings, subject to the review and approval of the city council, of the following:

(1)

Based upon planned phasing of the capital improvements, and anticipated timing of fee revenues to be collected, it is in the city's best interests to allow the temporary loan.

(2)

All requirements of the Mitigation Fee Act have been satisfied, including a specification of the amount loaned, the date of repayment, and the interest rate to be paid.

(Ord. No. 2014-1081, § 1, 11-25-14)

Sec. 17-53. - Calculation of fees by implementing resolutions.

(a)

In any action establishing, increasing, or imposing a fee as a condition of approval of a development project, a technical report shall be prepared for each capital improvement category, subject to city council approval by implementing resolution.

(b)

Each technical report shall:

(1)

Identify the purpose of the fee by identifying the estimated types and quantities of development projects subject to the fee and their impact on the specified capital improvements.

(2)

Identify the use of the fee by specifying the category of capital improvements to be funded by the fee.

(3)

Determine how there is a reasonable relationship between the city's use of the fee and the types of development projects on which the fee is to be imposed.

(4)

Determine how there is a reasonable relationship between the need for the capital improvements and the types of development projects on which the fee is to be imposed.

(5)

Determine how there is a reasonable relationship between the amount of the fee and the cost of the specified capital improvement attributable to the development projects on which the fee is to be imposed. This shall include two (2) elements:

a.

A quantification of the estimated reasonable cost of providing the specified capital improvements, which may include the estimated costs of land acquisition, design, construction, construction administration, general administration (including establishment and enforcement) of the fee program, and contingencies; and

b.

An identification of the method by which the city quantifies the proportionate responsibility of each development project for the cost of the specified capital improvements, which may be satisfied by establishing a formula which reasonably quantifies the proportionate responsibility of various types of development projects using standardized units of measurement.

(Ord. No. 2014-1081, § 1, 11-25-14)