Gilroy Municipal Code Art. VIII Public Facilities Fees

The purpose of the public facilities development impact fees is to finance expansion of public facilities in the areas of police, fire, parks and recreation, library, and general public facilities to meet the projected needs of the city’s growing population by imposing fees on development projects. This fee shall supplant the requirement for a development project to pay development impact fees under the existing police, fire, parks and recreation, library and general public facilities impact fees.

(Ord. No. 2004-17, § I, 11-1-2004)

(a)

“Development project”

shall have the same meaning as stated in section 21.125 of this Code.

(b)

“Time of payment”

shall have the same meaning as stated in section 21.127 of this Code.

(a) Approval of any development project by the city shall be conditioned upon the payment of public facilities impact fees in amounts in effect at the time of payment of the fees and as fixed from time to time by resolution of the city council. The city council resolution may establish separate fee rates for different categories of development projects.

(b) All fees collected pursuant to the provisions of this article, and any earnings thereon, shall be placed in a separate public facilities impact fee fund in a manner to avoid any commingling of the fees with other revenues and funds, except for temporary investments or as may otherwise be permitted by law. The fees collected, and any earnings thereon, shall be expended solely for the acquisition and development of public facilities and the repayment of any indebtedness incurred by the city therefor.

(Ord. No. 2004-17, § I, 11-1-2004)

(a) This public facilities impact fee shall be collected as a combined fee commencing on January 1, 2005. From and after that date, no further impact fees for the five component fees that have been merged into this public facilities fee shall be collected, except that said fees shall be collected for any development project that has vested rights precluding the application of this public facilities fee to it.

(b) The public facilities impact fee shall be adjusted annually effective January 1 of each calendar year based upon any increase in the Construction Cost Index as published by the Engineering News-Record (ENR) as measured from October to October of each year, starting with October, 2004. If the index decreases, no adjustment shall be made. In addition, the city council by resolution may adjust the amount of the fee from time to time based on new data.

(c) Every five (5) years commencing in the year 2009, the city shall comprehensively review this public facilities impact fee and the data upon which it is based, and shall reset the rates as appropriate for the ensuing five-year period.

(Ord. No. 2004-17, § I, 11-1-2004)

If because of special conditions caused by a development project, the development project is required to construct any improvement or portion thereof which is listed in the most current approved city capital improvement budget, then the full public facilities impact fee hereunder shall be collected from the development project, but the development project shall be reimbursed for the full cost of the improvement constructed (or, if only a portion of the improvement is constructed, the prorated portion of said construction cost), using the project cost as listed in said capital improvement budget as increased by the ENR index in the same manner that this fee is increased. In no event, however, shall the reimbursement exceed the cost or prorated cost of the improvement shown in the capital budget. This section shall also apply to contributions or dedications of land by a development project.

(Ord. No. 2004-17, § I, 11-1-2004)