Livingston Municipal Code Ch. 4 New Construction Municipal Facilities Charges

The continued construction of new residential and nonresidential structures with the attendant increase in the population of the city has affected the quality and quantity of municipal services for the city and the people who currently live in the city and has created an urgent need for the acquisition, improvement and expansion of municipal facilities. Many new municipal facilities and expansion of existing facilities including traffic control and major roads to serve the increase in population and commercial establishments will be needed in order to maintain the existing quality and quantity of municipal services to the city and to preserve the public health, safety and general welfare. These new residential and nonresidential structures will receive municipal services provided by existing municipal facilities, yet have not contributed to the financing of those facilities. It is appropriate that this new construction help pay their fair share of the cost of existing municipal facilities necessitated by the new construction. Therefore, the Council declares that a municipal facilities charge (like the city’s water and sewer service connection charges and subtrunk sewer extension charges) should be imposed on certain specified new construction within the city.

(Ord. 338, passed 7-7-1987)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING. Any new structure used or intended for supporting or sheltering any use or occupancy, but not including any outdoor tanks, towers, carports or other similar structures.

DWELLING UNIT. A single unit providing complete, independent living facilities, balconies and other similar structures, as determined by the building official. The living area of apartment houses shall include independent laundry rooms, lounge and study areas.

MOBILEHOME. A vehicle, other than a motor vehicle, designed or used for residential purposes, for carrying persons and property on its own structure and for being drawn by a motor vehicle.

MOBILEHOME LOT. Any area or portion of a mobilehome park designated, designed or used for the occupancy of one mobilehome on a temporary, semipermanent or permanent basis.

MOBILEHOME PARK. Any area or tract of land containing one or more mobilehome lots.

PERSON. Any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, society or individual.

RESIDENTIAL BUILDINGS. Apartments or dwellings shall be considered residential buildings; all other buildings shall be considered nonresidential.

(Ord. 338, passed 7-7-1987)

(A) The following municipal facilities charge schedule is hereby imposed on any dwelling unit, mobilehome, mobilehome lot, mobilehome park, nonresidential building, commercial and industrial lot and every person to whom a permit to construct any building is issued, and every person to whom a permit to construct and install electrical and plumbing equipment to service a mobilehome park in the city is issued and every person to whom a permit to construct off site improvements for a residential subdivision where a final map has been approved:

(B) Commercial and industrial development with buildings are subject to either the $0.75 per square foot of building fee or the $0.22 per square foot of land fee subject to the determination of the city.

(C) The city must use the following criteria in making this determination:

• 1. Number of employees;
• 2. Number of customers;
• 3. Circulation or traffic generated; and
• 4. Demand for city services.

(D) No charge shall be imposed when an existing building (whether residential or nonresidential) or portion thereof is replaced on the same lot with a new building or portion thereof so long as the square footage of the new building or portion thereof does not exceed the sum of:

1. The square footage of the building or portion thereof replaced; and

2. One thousand square feet. If the new building or portion thereof exceeds that sum, then a charge of $0.75 per square foot shall be imposed on the excess square footage.

(Ord. 368, passed 11-7-1989; Ord. 392, passed 6-4-1991)

(A) The municipal facilities charge is intended to apply to the living area of all residential construction and to all reconstruction, alteration, modification and additions which create additional dwelling units.

(B) The municipal facilities charge is intended to apply to the building area of all new nonresidential construction and to additional building area due to reconstruction, alteration, modification and additional nonresidential buildings.

(C) Square footage shall be determined by adding the number of square feet of space on each floor or level.

(Ord. 338, passed 7-7-1987)

(A) The municipal facilities charge required to be paid shall be due and payable upon issuance by the city of a building permit or upon issuance by the city of a permit to construct and install electrical and plumbing equipment to service a mobilehome lot in a mobilehome park.

(B) The municipal facilities charge shall be paid to the building official of the city or his or her authorized agent at the City Hall.

(Ord. 338, passed 7-7-1987)

(A) All of the municipal facilities charges collected shall be placed in a special fund which is hereby created and established for such purposes and which shall be known as the Municipal Facilities Fund. Sums collected under this chapter may be expended for the maintenance, improvement or expansion of existing municipal facilities or for the acquisition or construction of new facilities, provided that such expenditure from the fund has been authorized by the City Council.

(B) No sums collected under this chapter shall be used for municipal facilities or improvements which are required to be constructed or paid for by the building permit applicant as a condition of any other ordinances or requirements of the city.

(Ord. 338, passed 7-7-1987)

The City Council shall conduct an annual review of municipal facilities charges at the first meeting in January to determine if any increase in such charges is warranted.

(Ord. 338, passed 7-7-1987)