Blythe Municipal Code Ch. 3.34 Development Impact Fee

The city council finds and determines that the development and construction of new residential, commercial and industrial structures within the city and the rehabilitation of existing residential, commercial and industrial structures create an immediate and urgent need for funds because of the increased demand placed upon public facilities including public safety facilities, park and recreation facilities, government service facilities, sewer facilities, water facilities, public amenities facilities, storm-drain facilities and transportation facilities; and, in order to implement the goals and objectives of the city of Blythe general plan and redevelopment plan(s) and to mitigate the impacts caused by new and anticipated residential, commercial and industrial development a development impact fee is needed to finance public facilities and to pay for new development's fair share of the acquisition and improvement construction costs and other costs necessary or convenient to insure conformity to or implementation of the general plan and redevelopment plan(s).

(Ord. 801 § 1 (part), 2006)

A. A development impact fee is established on issuance of all development permits for development in the city to pay for public facility improvements to implement the general plan, redevelopment plan(s), capital improvement plan and projects identified on the needs list identified in the development impact fee justification study. The city council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact areas on which the development impact fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. To the extent that the development impact fee includes components for financing projects already included in fees collected under other city ordinances (i.e., sewer connection, water connection), such other fees, when paid, shall be a credit against the appropriate components of the development impact fee. To the extent that some or all of the projects financing or to be financed by the development impact fee are financed through a community facilities district, special assessment district or other financing mechanism, participation in such other financing mechanism shall be a credit against the appropriate component of the development impact fee. As described in the fee resolution, this development impact fee shall be paid by each developer either prior to issuance of a building permit or prior to issuance of a certificate of occupancy of the commercial or industrial project or the respective dwelling units in a residential project, or at such earlier time permitted by law, as set forth in, if applicable, Government Code Section 66007. On a bi-annual basis, the city council shall review the fees to determine whether the fee amounts are reasonably related to the burden of developments and whether the described public facilities are still needed.

B. As used in this section "development permit" means any building permit or other permit for construction or reconstruction.

(Ord. 801 § 1 (part), 2006)

The revenue raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on the account, shall be used solely to:

A. Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 3.34.020 above, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other resources; or

B. Reimburse developers who have been required or permitted by Section 3.34.040 to install such listed facilities which are oversized with supplemental size, length or capacity.

(Ord. 801 § 1 (part), 2006)

Whenever a developer is required, as a condition of project approval to construct a public facility described in a resolution adopted pursuant to Section 3.34.020, which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Ord. 801 § 1 (part), 2006)

A developer of any project subject to the fee described in Section 3.34.020 may apply to the city council for a reduction or adjustment to that fee, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than ten days prior to the public hearing on the development permit application for the project. The application shall state in detail the factual basis for the claim of reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction or adjustment is granted, any change in use within the project shall invalidate the adjustment or reduction of the fee.

(Ord. 801 § 1 (part), 2006)