Delano Municipal Code Ch. 12.36 Developer Impact Fees

The purpose of the developer impact fees is to provide adequate public facilities and to maintain adequate levels of city services to accommodate new development, at a cost to developers which is proportionate to the anticipated service and facility demands associated with the new development projects and to maintain adequate public facilities and services to existing development and minimize costs to the existing city population for new public facilities and increasing city services costs which are the direct result of new development.

(Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003: Ord. 928 (part), 1991).

The city council shall define, set and establish the developer impact fees, identify the facilities to be constructed with the developer impact fees and determine the rates for the developer impact fees by resolution after a lawfully noticed public hearing.

(Ord. 1115 §1 (Exh. A (part)), 2004: Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003: Ord. 954 §D, 1993: Ord. 928 (part), 1991).

The city engineer shall collect any and all fees required by this chapter.

(Ord. 1115 §1 (Exh. A (part)), 2004: Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003: Ord. 928 (part), 1991).

The city shall ensure that development impact fees are used to construct the facilities needed to provide services to developments from which they were collected.

(Ord. 1115 §1 (Exh. A (part)), 2004: Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003: Ord. 999 (part), 1997: Ord. 993, 1996: Ord. 980 (part), 1996: Ord. 962 (part), 1994; Ord. 954 §E, 1993: Ord. 942 §1(part), 1993; Ord. 928 (part), 1991).

The city manager shall be responsible for ensuring that collected developer impact fees are utilized within the time frames mandated by the state.

(Ord. 1115 §1 (Exh. A (part)), 2004: Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003: Ord. 928 (part), 1991).

Each city department shall annually evaluate their current levels of service with respect to the projected population growth rate. Department heads for each department shall estimate the date when existing facilities shall be inadequate to provide the desired level of service identified in the general plan to the projected population or to provide the level of service necessary as identified by federal or state regulations to protect the health and safety of the projected population. Department heads shall prepare a report identifying the projects needed to provide the applicable level of service with a recommended implementation schedule to the city manager on an annual basis.

(Ord. 1115 §1 (Exh. A (part)), 2004: Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003: Ord. 928 (part), 1991).

The planning department shall provide semiannual reports of proposed and approved development projects to every city department. The reports shall include the updated population data to allow each department head to determine the projected levels of service of their department.

(Ord. 1115 §1 (Exh. A (part)), 2004: Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003: Ord. 928 (part), 1991).

The developer impact fees as established by resolution shall be reviewed and updated as deemed necessary by the city council.

(Ord. 1115 §1 (Exh. A (part)), 2004: Ord. 1095 §3 (Exh. A (part)), 2003: Ord. 1094 §3 (Exh. A (part)), 2003: Ord. 928 (part), 1991).