§ 19-1011. Imposition of public safety impact fees.

(a)

Declaration of Service Area and Level of Service.

(1)

The service area for fire/EMS facilities and police facilities with respect to which public safety impact fees are assessed pursuant to this section 19-1011 is hereby declared to be the entire territory included within the corporate limits of the city as such area is identified in the impact fee study.

(2)

The level of service for fire/EMS facilities is hereby declared to be equal to 470 square feet of fire station area per 1,000 functional population. The level of service for police facilities is hereby declared to be equal to 660 square feet of building area per 1,000 functional population, as described and calculated in the impact fee study.

(b)

Applicability of Fee.

(1)

Any person who after the effective date engages in development within the service area identified in subsection 19-1011(a) above shall pay a public safety impact fee in the manner provided in this chapter.

(2)

No building permit for any development requiring payment of a public safety impact fee pursuant to this chapter shall be issued by the city unless and until the public safety impact fee has been paid.

(c)

Fee Formula. Public safety impact fees under this chapter shall be calculated using the following formula:

Functional population per unit × Level of service (square feet per functional population) × Capital cost per square foot = Development impact fee; as described more fully in the impact fee study.

(d)

Public Safety Impact Fee Schedule: Unless an independent fee determination is requested in accordance with section 19-1012, the public safety impact fees shall be determined by the schedules attached hereto as Attachment 1D, "Fire/EMS impact fee schedule" and Attachment 1E, "Police impact fee schedule," both of which by this reference are incorporated herein.

If a building permit is requested for a building with mixed land use types, the public safety impact fee shall be determined according to the public safety impact fee schedule by apportioning the gross floor area committed to each land use type in the schedule.

If the type of development for which a building permit is applied is not specified in the fee schedule, the director shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. If the director determines that there is no comparable type of land use on the fee schedule, the director shall use the formula set forth in subsection 19-1011(c) above.

If the public safety impact fee has been calculated and paid based on error or misrepresentation, it shall be recalculated. If the original calculation resulted in a fee that was too high, the difference shall be refunded to the feepayor. If additional development impact fees are owed, no permits of any type shall be issued by the city for the building or use in question, or for any other part of a development project of which the building or use in question is a part, while the fees remain unpaid, and the director may bring any action permitted by law or equity to collect unpaid fees, including but not limited to revocation of building permits and/or certificates of occupancy.

(Code 1977, § 19-1011)