Kingsburg Municipal Code Ch. 15.57 Urban Growth Management Development Impact Fee

In order to provide efficient and effective transportation facilities within the North Kingsburg specific plan area for the citizens of the city of Kingsburg, the city council of the city of Kingsburg has determined that an urban growth management (UGM) development impact fee is needed in order to finance right-of-way acquisition and construction of certain transportation facilities by the city of Kingsburg public works department such as to ensure that new development pays its share of the costs of said facilities. In establishing the development impact fee described in the following sections, the city council has found the development impact fee to be consistent with the city's general plan.

(Ord. 2005-10 § 1 (part), 2005)

An urban growth management development impact fee is hereby established for development projects in the city of Kingsburg located within the North Kingsburg specific plan area to pay the finance right-of-way acquisition and construction of certain transportation facilities. In order to establish the actual amount of the impact fee or any subsequent change thereto, the city council shall, at a duly noticed public hearing, by separate city council resolution, identify the purpose of the fee, identify the use to which the fee is to be put, identify the specific amount of the fee, identify the estimated cost of the transportation facilities, determine the reasonable relationship between the fee's use and the type of development project on which the fee is imposed, determine the reasonable relationship between the need for the facilities and the type of development project on which the fee is imposed, and determine the reasonable relationship between the amount of the fee and the cost of the facilities attributable to the development project on which the fee is imposed. The separate city council resolution shall identify when the development impact fee shall be paid by each developer. On an annual basis, in accordance with Government Code Section 66066(b), the city council of the city of Kingsburg shall hold a regularly scheduled public meeting to review the annual report pertaining to urban growth management development impact fee.

(Ord. 2005-10 § 1 (part), 2005)

The following shall be exempted from payment of the urban growth management development impact fee:

A. Alterations of an existing building where no additional square footage is constructed, where the use is not changed, and where the need for refuse or recycling services is not increased over and above the refuse or recycling needs of the existing use;

B. The construction of accessory buildings or structures which will not produce the need for additional vehicular trips associated with the principal building or from the existing use of the land;

C. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use provided such replacement does not result in an increase in vehicular trips over and above the original use of the building or structure;

D. The installation of a replacement mobilehome on a lot or other such site where a mobilehome legally existed on such site on or prior to the effective date of the ordinance codified in this chapter.

Any claim of exemption must be made no later than the time of application for a building permit or permit for mobilehome installation. Any claim not so made shall be deemed waived.

(Ord. 2005-10 § 1 (part), 2005)

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

A. Pay for the action of rights-of-way and construction of facilities identified in the separate city council resolution described in Section 15.57.020 of this chapter, or to reimburse the city for funds advanced by the city or from other sources for the acquisition of rights-of-way and construction of said facilities.

(Ord. 2005-10 § 1 (part), 2005)

A developer of any project subject to the development impact fee identified in the separate city council resolution described in Section 15.57.020 of this chapter, may apply to the city for an adjustment of that development impact fee by completing an "independent fee calculation study."

(Ord. 2005-10 § 1 (part), 2005)

The urban growth management development impact fee established hereunder shall apply to the issuance of any building issued on or after the date identified in the separate city council resolution.

(Ord. 2005-10 § 1 (part), 2005)

The urban growth management development impact fee established hereunder may be adjusted by resolution of the city council of the city of Kingsburg on or before July 1st of each fiscal year by a percentage no greater than the engineering cost index as published by the Engineer News Record for the preceding twelve (12) months.

(Ord. 2005-10 § 1 (part), 2005)