HomeMy WebLinkAbout104 - 07/27/2004 - AMENDING VARIOUS SECTIONS OF THE CITY CODE SO AS TO EXPRESSLY PERMIT THE DEFERRAL OF CERTAIN UTILITY ORDINANCE NO. 104, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING VARIOUS SECTIONS OF THE CITY CODE
SO AS TO EXPRESSLY PERMIT THE DEFERRAL
OF CERTAIN UTILITY IMPACT FEES
WHEREAS,the City Code establishes various kinds of impact fees to be imposed upon new
development within the City,the purpose of which fees is to defray the cost of providing the public
infrastructure needed to serve such new development; and
WHEREAS, these impact fees include capital improvement expansion fees contained in
Chapter 7.5 of the Code as well as plant investment fees and service connections fees contained in
Chapter 26 of the Code; and
WHEREAS,some ofthe Code sections imposing these fees allow for the payment of the fees
to be deferred beyond the issuance of the first building permit or utility service permit for the
development required to pay the fees, and others do not; and
WHEREAS, in the course of review of Code provisions related to deferral of impact fees,
staffhas determined that reference to electric utility development fees has been inadvertently omitted
from Section 26-632, which provides for the deferral of utility impact fees for affordable housing
projects; and
WHEREAS,staff has recommended to the City Council that the provisions pertaining to the
deferral of impact fees be made more consistent; and
WHEREAS,the City Council believes that any such deferral of fees should be approved by
the City Council, either on a case by case basis or as a matter of policy.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 7.5-19 ofthe Code of the City ofFort Collins is hereby amended
so as to read in its entirety as follows:
Sec. 7.5-19. Imposition, computation and collection of fees.
Payment ofthe fees imposed under the provisions ofthis Article shall be required
as a condition of approval of all development in the city for which a building permit
is required. The amount of such fees has been calculated using current levels of
service and the data and methodologies described in CapttallmprovementExpanston
Cost Study,dated May 21, 1996,as amended;the city s Street Oversizing Impact Fee
Study, dated July 15, 1997, and Street Oversizing Impact Fee Study Update, dated
November 28,2000,as amended;and TheITE Trip Generation Manual, 6th Edition,
1997,published by the Institute of Traffic Engineers, as amended. The fees due for
such development shall be payable bythe feepayer to the Department ofBuilding and
Zoning Director prior to or at the time of issuance of the first building permit for the
property to be developed, except to the extent that the deferral of all or any portion
of such payment has been executed by the city which provides for a different time of
payment approved by the City Council by resolution. If, during the period of any
such deferral, the amount of the deferred fee is increased by ordinance of the City
Council, the fee rate in effect at the time of payment shall apply. If the building
permit for which a fee has been paid has expired, and an application for a new
building permit is thereafter filed, any amount previously paid for a capital
improvement expansion fee and not refunded by the city shall be credited against any
additional amount due under the provisions of this Article at the time of application
for the new building permit.
Section 2. That Section 26-120(a) of the Code of the City of Fort Collins is hereby
amended so as to read in its entirety as follows:
Sec. 26-120. Water plant investment fees.
(a) Any applicant desiring to connect to the water utility shall pay the utility a
water plant investment fee(WPIF)pursuant to the schedule of fees prescribed by §
26-128 in addition to any other connection fees prescribed herein. Except to the
extent that the deferral of all or any portion of such payment has been approved by
the City Council by resolution or except as provided in Subsection(f)of this Section,
this fee shall be paid in full at the time the water service connection permit is issued.
If there is an increase in plant investment fee rates between the time of application
for a water service permit and the actual payment of fees,the fee rates in effect at the
time of payment shall apply.
Section 3. That Section 26-283(a) of the Code of the City of Fort Collins is hereby
amended so as to read in its entirety as follows:
Sec. 26-283. Sewer plant investment fees (SPIF); basis.
(a) An applicant desiring to connect to the wastewater utility shall pay the utility
a sewer plant investment fee (SPIF) as prescribed in § 26-284 of this Article in
addition to any other connection fee or charge imposed by this Article.Except to the
extent that the deferral of all or any portion of such payment has been approved by
the City Council by resolution or except as provided in Subsection(e)of this Section,
this fee shall be paid in full at the time the sewer connection permit is issued. In the
case of an increase in SPIF rates between the time of application for the permit and
the applicant's actual payment of sewer connection charges,the rates in effect on the
date of payment shall apply.
Section 4. That Section 26-471(a) of the Code of the City of Fort Collins is hereby
amended so as to read in its entirety as follows:
Sec. 26471. Electric development fees and charges.
(a) Any person desiring to connect to the city's electric distribution system,or to
construct any structure to be served by said electric distribution system, shall pay to
the utility all applicable electric development fees and charges as described in this
Division prior to said connection,whether such connection or the property served is
inside or outside of the corporate limits of the city,in addition to any other applicable
fees and charges described in this Article. Notwithstanding the foregoing or any
provision of this Article to the contrary, said fees and charges may be paid over time
to the extent that the deferral of all or any portion of such payment has been approved
by the City Council by resolution. Said development fees shall consist of an Electric
Capacity Fee("ECF")to recover the allocated cost of the electric distribution system
attributable to the new service requested and a Building Site Charge ("BSC") to
recover the cost of installing on-site electric service facilities to the user's side of the
point of delivery. If there is an increase in said fees between the time of application
for electric service and the actual payment of fees, the fee rates in effect at the time
of payment shall apply.
Section 5. That Section 26-511(c) of the Code of the City of Fort Collins is hereby
amended so as to read in its entirety as follows:
Sec. 26-511. Stormwater fees.
(c) The stormwater basin fee may be paid at any time after the approval of the
plat of a subdivision or, in the case of unplatted property, upon the issuance of a
building permit and not before; provided,however,that such fee shall be paid prior
to the issuance of a full building permit, or if no building permit is required, upon
commencement of construction except to the extent that the deferral of all or any
portion of such payment has been approved by the City Council by resolution. If
there is an increase in said fees between the issuance of a full building permit or, if
no building permit is required, the time of commencement of construction and the
actual payment of fees, the fee rates in effect at the time of payment shall apply.
Section 6. That Section 26-632 ofthe Code of the City ofFort Collins is hereby amended
so as to read in its entirety as follows:
See. 26-632. Deferral of fees.
With respect to any dwelling unit which is contained within or which constitutes
an affordable housingproject as defined in§26-631,the Water Plant Investment Fee
("WPIF"),Sewer Plant Investment Fee("SPIF"),Storm Drainage Basin Fee the Raw
Water Requirement In-lieu Cash Payment, and the Electric Development Fees and
Charges, as established in this Chapter, shall, upon the request of the applicant,be
deferred until the date of issuance of a certificate of occupancy(whether temporary
or permanent)for such unit(s)or until the first day of December of the year in which
the deferral was obtained,whichever first occurs.Notwithstanding any provision in
this Chapter to the contrary, in the event that, during the period of deferral, the
amount of the deferred fee is increased by ordinance of the City Council,the fee rate
in effect at the time of the issuance of the building permit shall apply. At the time of
application for any such deferral, the applicant shall pay to the city a fee in the
amount of fifty dollars($50.)to partially defray the cost of administration.No person
shall knowingly make any false or misleading statement of fact in order to obtain any
deferral of fees under this Section.
Introduced and considered favorably on first reading and ordered published this 6th day of
July, A.D. 2004, and to be presented for final passage on the 27th day of July, A.D. 2004.
Mayor
ATTEST:
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City Clerk ,eF Qf1uh,
Passed and adopted on final reading this 27th day of July,A.D. 2004.
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Mayor
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