Windsor Municipal Code Art. 7 Public Facilities Impact Fee

In order to implement the goals and objectives of the Windsor General Plan, and to mitigate the impacts caused by future development in the Town, certain public facilities must be constructed. The Town Council has determined that a public facilities impact fee is needed in order to finance these public facilities and to pay for each development's fair share of the construction and acquisition costs of these improvements. In establishing the public facilities impact fee described in the following sections, the Town Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the Town's housing needs as established in the housing element of the General Plan.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

a. A public facilities impact fee ("public facilities impact fee") is established pursuant to Government Code Section 66000 ("Mitigation Fee Act") to pay for Town-owned public facilities.

b. Pursuant to Government Code Section 66001, the Town Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the public facilities impact fee, describe the benefit and impact area on which the public facilities impact fee is imposed, list the public facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the public facilities impact fee and the need for the public facilities and the types of future development projects on which the public facilities impact fee is imposed, and set forth time of payment.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

The revenues raised by payment of the public facilities impact fee shall be accounted for in the Town's capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

a. To pay for design, engineering, acquisition, property acquisition, including right-of-way acquisition and construction of public facilities designated in the Town Council resolution and reasonable costs of outside consultant studies related thereto;

b. To reimburse the Town for designated public facilities constructed by the Town with funds (other than gifts or grants) from other sources together with accrued interest;

c. To pay for and/or reimburse costs of program development and ongoing administration of the public facilities impact fee program.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

The Town Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, credit, reimbursement, or deferred payment and other administrative aspects of the public facilities impact fee.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))