There is hereby established and imposed a utility impact fee upon each new user of City utility services or user of other related City services as provided by this article. The fee imposed herein shall be assessed to each such user who, upon information available at the time of such assessment, will place what is found by the Governing Body to be an excessive strain upon existing City services.
(Ord. 1837A; Code 2020)
For purposes of this article, an excessive strain upon City services shall be presumed if the proposed development is likely to require use of City services in excess of the following:
(a) Sewer - Water consumption of 10,000 gallons per month.
(b) Sewer - The installation of a lift station.
(c) Water - The installation of more than 500 linear feet of six inch water lines.
(d) Streets - Traffic count in and out of said development of an average of 15 vehicles per hour.
Nothing herein shall preclude the assessment of such impact fee in the event that the foregoing service requirements are not exceeded if the quality of such services is deemed unusually burdensome.
(Ord. 1837A; Code 2020)
The fee imposed herein shall be assessed to the owner of the property to be served and shall be in an amount designated by the Governing Body after taking into account, among other things, the following factors:
(a) Nature of the development
(b) Services required by such development
(c) City service available at the time of development and the amount thereof to be allotted to such development.
(d) The amount of ad valorem taxes or other fees which shall burden the property developed.
(e) Other factors deemed relevant
The owners of such property shall be given not less than 14 days advance notice of the time and place at which the assessment is to be considered and determined, unless all matters relating to the same are agreed upon by the City and owner of the property to be developed.
(Ord. 1837A; Code 2020)
The assessment authorized herein shall be made prior to the issuance of any building permit upon the property to be serviced or upon such terms as the owner and City shall agree or as determined by the Governing Body.
(Ord. 1837A; Code 2020)
Funds received by the City from the proceeds of the utility impact fee shall be placed in the then existing fund or fund hereafter created relating to the expansion or maintenance of the service for which the assessment was imposed. Such funds shall be used only for the expansion or maintenance of the City service for which the fee has been imposed; provided, however, that at the discretion of the Governing Body, these funds may be used to retire a bond debt resulting from the expansion or maintenance of such City service.
(Ord. 1837A; Code 2020)
The Impact Fee shall be payable until such time as the City is satisfied that obligations agreed to when the impact fee was assessed have been met. The Impact Fee shall be an obligation of the owner or owners of the land on which the Fee is based and of any successor person or entity.
(Ord. 1837A; Code 2020)
Any Impact Fee not paid within thirty (30) days of its due date shall bear interest at the rate provided for in K.S.A. 16-204 or amendments thereto and any unpaid Impact Fee together with interest shall constitute a lien on the land on which the Impact Fee is based. A description of the land and the Impact Fee together with any interest may be certified to the County Clerk to be collected together with and in the same manner and with the same penalties as if it were an ad valorem tax on the real property. Alternatively, and additionally, any Impact Fee and interest may be collected through a Civil Action including an action to enforce or foreclose on a lien.
(Ord. 1837A; Code 2020)