HomeMy WebLinkAbout1076 Ord (Transportation Fees) ORDINANCE NO. 1076
CHAPTER 39A- TRANSPORTATION IMPACT FEE PROGRAM
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Subd. 39.1—Findings and purpose.
(a) The purpose of this Chapter is to implement the goals, objectives and policies of the City
of Stillwater's Comprehensive Plan and Zoning Ordinance. Imposing a fee that is
reasonably related to the burdens created by new development on the City's surface
transportation system will enable the City to construct the required capital improvements
that will contribute to fulfilling this goal.
(b) The City has prepared a Transportation Impact Fee Nexus Study, First adopted by
Resolution No. 2005-163 as amended which is adopted by reference as if set forth
verbatim. It shows, and the City Council finds that there is a reasonable relationship
between the purpose for which the fees established by this Chapter are to be used and the
type of development projects on which the fees are imposed, and between the amount of
the fees and the cost of the transportation facilities or portion of the facilities attributable
to the development on which the fees are imposed.
(c) It is the intent of the City Council that the fee required by this Chapter shall be
supplementary to any conditions imposed upon a development project pursuant to other
provisions of the City Code, the City Charter, the Subdivision Ordinance, the Minnesota
Environmental Quality Act, other State and local laws, which may authorize the
imposition of project specific conditions on development.
Subd. 39.2—Applicability.
(a) The regulations, requirements and provisions of this Chapter and Council resolutions
adopted pursuant hereto apply to all new projects for which a development application
was deemed complete or an application for changes in existing uses was made on or after
the effective date of the ordinance codified in this Chapter.
(b) Notwithstanding subsection (a), the following projects, square footage and affordable
residential units are not subject to the requirements of this Chapter.
1) City, County and State projects;
2) A housing project that meets the requirements of MN Stat. Sec. 469.1761.
3) Re-occupancy of square footage in an existing building or structure if there is no
change of use.
Subd.39.3—Definitions.
For the purpose of this Chapter, the following terms shall be defined as follows:
(a) "North Zone" means the area bounded by County Road 15 on the West, County Road 64
on the South, State Highway 96 on the North, and on the East by the West Line of the
Plat of Oak Glen, and as depicted on the Map attached as Exhibit A.
(b) "Middle Zone" means the area bounded by County Road 15 on the West, County Road
64 on the North, on the South by Interlachen Road Extended westerly to County Road 15,
and on the East by a line drawn from a point on County Road 64 at the intersection with
the Minnesota State Trail directly South to Interlachen Road, and as depicted on the Map
attached as Exhibit A.
(c) "South Zone" mean the area bounded on the West by County Road 15, on the South by
State Highway 36, on the North Interlachen Road extended westerly to County Road 15,
and on the East by a line that runs from a point on Highway 26 and State Highway 5, then
North along that line to an East West line drawn along the South edge of Brewer's Pond,
the North along that line to Interlachen Road, and as depicted on the Map attached as
Exhibit A.
Subd.39.4-Transportation mitigation requirement.
Except as provided in Section 39.2 (b),the developer of a project shall pay a transportation
impact fee in accordance with the following:
(a) Transportation Impact Fee. Fees shall be computed shown on the Schedule attached as
Exhibit B.
(b) Timing of Fee Payment.
1) The project applicant must pay fees according to the schedule of fees in place on
the date the fees are paid.
2) No building permit for any project may be issued unless the fees have been paid
or, if state law requires the City to accept later fee payment, a contract to pay the
fees has been executed with the City, in which case no final inspection shall be
approved until the fees have been paid. If a residential development project
contains more than one dwelling unit and is approved for development in phases,
the developer may pay the fees in installments based on the phasing of the
residential development project. Each fee installment must be paid at the time
when the first dwelling unit within each phase of development has received its
final inspection.
3) For all projects subject to this Chapter, the City may require the payment of fees
at an earlier time if the fees will be collected for public improvements or facilities
for which an account has been established and funds appropriated and for which
the City has a proposed construction schedule or plan prior to final inspection, or
the fees are to reimburse the City for expenditures previously made.
Subd. 39.5—Fee adjustments and waivers.
(a) A developer of any project subject to the fee described in this Chapter may request that
the requirements of this Chapter be adjusted or waived for the conversion of
nonconforming ground floor uses in commercial zones to conforming pedestrian-oriented
uses.
(b) To receive an adjustment or waiver, the developer must submit an application to the City
Development Director, or designee, at the time the developer files a project application
or, if no application is required, a building permit application. The developer bears
burden of presenting a preponderance of the evidence to support the request and set forth
in detail the factual and legal basis for the claim, including all supporting technical
documentation.
(c) The Director of Community Development or designee must render a written decision
within thirty (30) days after a complete application is filed. The Director's decision may
be appealed to the City Council by the project applicant if such appeal is filed within 10
consecutive calendar days from the date that the decision is made in the manner provided
in this Code. The decision of the City Council is final.
(d) If an adjustment or waiver is granted, any change in use from the approved project will
invalidate the adjustment or waiver.
Subd.39.6—Fee revenue account.
(a) A transportation impact fee reserve account is hereby established. The fees paid to the
City pursuant to the provisions of this Chapter must be deposited into the transportation
impact fee reserve account and used solely for the purpose described in this Chapter. All
monies deposited into the reserve account shall be held separate and apart from other City
funds. All interest or other earnings on the unexpended balance in the reserve account
shall be credited to the reserve account.
Subd. 39.7—Distribution of transportation impact fee funds.
All monies and interest earnings in the transportation impact fee reserve account must be
expended on the construction and related design and administration costs of constructing
transportation improvements identified in the Nexus Study, or such other report as may be
prepared from time to time to document the reasonable fair share of the costs to mitigate the
transportation impacts of new development. Such expenditures may include, but are not
necessarily limited to the following:
(a) Reimbursement for all direct and indirect costs incurred by the City to construct
transportation improvements pursuant to this Chapter, including, but not limited to, the
cost of land and right-of-way acquisition,planning, legal advice, engineering, design,
construction, construction management, materials and equipment.
(b) Costs of issuance or debt service associated with bonds, notes or other security
instruments issued to fund transportation improvements identified.
(c) Reimbursement for administrative costs incurred by the City in establishing or
maintaining the transportation impact fee reserve account required by this Chapter,
including, but not limited to,the cost of studies to establish the requisite nexus between
the fee amount and the use of fee proceeds and yearly accounting and reports.
Subd. 39.8—Periodic review.
To account for inflation in transportation infrastructure construction costs, the fee imposed by
this Chapter shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1,
2016 by a percentage equal to the appropriate Construction Cost Index as published by
Engineering News Record, or its successor publication, for the preceding twelve months.
Subd.39.9—Refunds.
(a) If a transportation impact fee is collected on a project and the permit for that project later
expires, is vacated or voided before commencement of construction, the developer shall,
upon request, be entitled to a refund of the unexpended transportation impact fee paid,
less a portion of the fee sufficient to cover costs of collection, accounting for and
administration of the fee paid. Any request for a refund shall be submitted in writing to
the Community Development Director within one year of the date that the permit
expires or is vacated or voided. Failure to timely submit a request for refund shall
constitute a waiver of any right to a refund.
Subd.39.10—Fee Revision by Resolution.
The amount of the transportation impact fees and the formula for the automatic annual
adjustment established by this Chapter may be reviewed and revised periodically by resolution of
the City Council. This Chapter shall be considered enabling and directive in this regard.
Subd.39.11—Regulations.
The City Administrator, or designee, is authorized to adopt written administrative regulations or
guidelines that are consistent with and that further the terms and requirements set forth within
this Chapter.
Adopted by the City Council the 5th day of May, 2015.
CITY OF STILLWATER
IrgdOPP
Ted Kozlowski, Mayor
ATTEST:
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Diane F. Ward, Clerk
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AFFIDAVIT OF PUBLICATIC v City of Stillwater
STATE OF MINNESOTA (Official Publication)
COUNTY OF WASHINGTON)ss ORDINANCE NO.1076
CHAPTER 39A-TRANSPORTATION IMPACT FEE PROGRAM
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Charlene Vold being duly sworn on an oath, Subd.39.1-Findings and purpose.
states or affirms that they are the Authorized (a)The purpose of this Chapter is to implement the goals,objectives and
Agent of the newspaper(s)known as: policies of the City of Stillwater's Comprehensive Plan and Zoning Ordi-
nance. Imposing a fee that is reasonably related to the burdens created by
Stillwater Gazette new development on the City's surface transportation system will enable
the City to construct the required capital improvements that will contribute
to fulfilling this goal.
and has full knowledge of the facts stated (b)The City has prepared a Transportation Impact Fee Nexus Study,First
below: adopted by Resolution No. 2005-163 as amended which is adopted by
(A)The newspaper has complied with all of reference as if set forth verbatim.It shows,and the City Council finds that
there is a reasonable relationship between the purpose for which the fees
the requirements constituting qualifica- established by this Chapter are to be used and the type of development
tion as a qualified newspaper as provided projects on which the fees are imposed,and between the amount of the
by Minn. Stat. §331A.02, §331A.07, and fees and the cost of the transportation facilities or portion of the facilities
other applicable laws as amended. attributable to the development on which the fees are imposed.
(B)This Public Notice was printed and pub- (c)it is the intent of the City Council that the fee required by this Chapter
fished in said newspaper(s) for 1 succes- shall be supplementary to any conditions imposed upon a development
project pursuant to other provisions of the City Code,the City Charter,the
sive issues; the first insertion being on
Subdivision Ordinance, the Minnesota Environmental Quality Act, other
05/08/2015 and the last insertion being on State and local laws,which may authorize the imposition of project specific
05/08/2015. conditions on development.
Subd.39.2-Applicability.
(a)The regulations,requirements and provisions of this Chapter and Coun-
cil resolutions adopted pursuant hereto apply to all new projects for which
By: �'n ' n a development application was deemed complete or an application for
V d(„tl[- changes in existing uses was made on or after the effective date of the
Authorized Agent ordinance codified in this Chapter.
(b)Notwithstanding subsection(a),the following projects,square footage
Subscribed and sworn to or affirmed before and affordable residential units are not subject to the requirements of this
me on 05/08/2015. Chapter.
1)City,County and State projects;
/� (� 2)A housing project that meets the requirements of MN Stat.Sec.469.1761.
C�J.l J,1 .. ((A t( 3)Re-occupancy of square footage in an existing building or structure if
�'�f� 11 there is no change of use.
Notary Public
Subd.39.3-Definitions.
For the purpose of this Chapter,the following terms shall be defined as
vvrvvv yyv.NWvvNwV‘. follows:
0 11-:',' DARLENE Mj iIE MACPHERSON
7
(a)"North Zone"means the area bounded by County Road 15 on the West,
3f
* Notary Public-Minnesota County Road 64 on the South,State Highway 96 on the North,and on the
Expires Jaa 31 2019 East by the West Line of the Plat of Oak Glen,and as depicted on the Map
4;,a MY Cotssrttnreattached as Exhibit A.
(b) "Middle Zone" means the area bounded by County Road 15 on the
West, County Road 64 on the North,on the South by Interlachen Road
Extended westerly to County Road 15,and on the East by a line drawn
from a point on County Road 64 at the intersection with the Minnesota
State Trail directly South to Interlachen Road,and as depicted on the Map
attached as Exhibit A.
(c)"South Zone"mean the area bounded on the West by County Road 15,
on the South by State Highway 36,on the North Interlachen Road extended
westerly to County Road 15,and on the East by a line that runs from a
point on Highway 26 and State Highway 5,then North along that line to
an East West line drawn along the South edge of Brewer's Pond,the North
along that line to Interiachen Road,and as depicted on the Map attached
as Exhibit A.
Subd.39A-Transportation mitigation requirement
Except as provided in Section 39.2(b),the developer of a project shall pay
a transportation impact fee in accordance with the following:
(a)Transportation Impact Fee. Fees shall be computed shown on the
Schedule attached as Exhibit B.
Rate Information: (b)Timing of Fee Payment
(1)Lowest classified rate paid by commercial users 1)The project applicant must pay fees according to the schedule of fees in
for comparable space: place on the date the fees are paid.
$40.00 per column inch 2)No building permit for any project may be issued unless the fees have
been paid or,if state law requires the City to accept later fee payment,a
contract to pay the fees has been executed with the City,in which case
no final inspection shall be approved until the fees have been paid. If a
residential development project contains more than one dwelling unit and
is approved for development in phases,the developer may pay the fees in
Ad ID 389686 installments based on the phasing of the residential development project.
Each fee installment must be paid at the tine wh::n'the first dwelling unit considered enabling and directive in this regard.
within each phase of development has received its final inspection. Subd.39.11-Regulations.
3)For all projects subject to this Chapter,the City may require the payment
of fees at an earlier time if the fees will be collected for public improve- The City Administrator,or designee,is authorized to adopt written adminis-
ments or facilities for which an account has been established and funds trative regulations or guidelines that are consistent with and that further the
appropriated and for which the City has a proposed construction schedule terms and requirements set forth within this Chapter.
or plan prior to final inspection,or the fees are to reimburse the City for Adopted by the City Council the 5th day of May,2015.
expenditures previously made.
CITY OF STILLWATER
Subd.39.5-Fee adjustments and waivers.
/s/Ted Kozlowski
(a)A developer of any project subject to the fee described in this Chapter Ted Kozlowski,Mayor
may request that the requirements of this Chapter be adjusted or waived
for the conversion of nonconforming ground floor uses in commercial ATTEST:
zones to conforming pedestrian-oriented uses. /s/Diane F.Ward
(b)To receive an adjustment or waiver,the developer must submit an ap- Diane F.Ward,Clerk
plication to the City Development Director, or designee, at the time the 5/8/15,3SG,Ordinance No 1076,389686
developer files a project application or,if no application is required,a build-
ing permit application.The developer bears burden of presenting a pre-
ponderance of the evidence to support the request and set forth in detail
the factual and legal basis for the claim,including all supporting technical
documentation.
(c)The Director of Community Development or designee must render a
written decision within thirty(30)days after a complete application is filed.
The Director's decision may be appealed to the City Council by the project
applicant if such appeal is filed within 10 consecutive calendar days from
the date that the decision is made in the manner provided in this Code.The
decision of the City Council is final.
(d)If an adjustment or waiver is granted,any change in use from the ap-
proved project will invalidate the adjustment or waiver.
Subd.39.6-Fee revenue account.
(a)A transportation impact fee reserve account is hereby established.The
fees paid to the City pursuant to the provisions of this Chapter must be de-
posited into the transportation impact fee reserve account and used solely
for the purpose described in this Chapter.All monies deposited into the
reserve account shall be held separate and apart from other City funds.All
interest or other earnings on the unexpended balance in the reserve ac-
count shall be credited to the reserve account.
Subd.39.7-Distribution of transportation impact fee funds.
All monies and interest earnings in the transportation impact fee reserve
account must be expended on the construction and related design and
administration costs of constructing transportation improvements identi-
fied in the Nexus Study,or such other report as may be prepared from
time to time to document the reasonable fair share of the costs to mitigate
the transportation impacts of new development.Such expenditures may
include,but are not necessarily limited to the following:
(a)Reimbursement for all direct and indirect costs incurred by the City to
construct transportation improvements pursuant to this Chapter,including,
but not limited to,the cost of land and right-of-way acquisition,planning,
legal advice,engineering,design,construction,construction management,
materials and equipment.
(b)Costs of issuance or debt service associated with bonds,notes or other
security instruments issued to fund transportation improvements identified.
(c)Reimbursement for administrative costs incurred by the City in estab-
lishing or maintaining the transportation impact fee reserve account re-
quired by this Chapter,including,but not limited to,the cost of studies to
establish the requisite nexus between the fee amount and the use of fee
proceeds and yearly accounting and reports.
Subd.39.8-Periodic review.
To account for inflation in transportation infrastructure construction costs,
the fee imposed by this Chapter shall be adjusted automatically on July 1st
of each fiscal year,beginning on July 1,2016 by a percentage equal to the
appropriate Construction Cost Index as published by Engineering News
Record,or its successor publication,for the preceding twelve months.
Subd.39.9-Refunds.
(a)If a transportation impact fee is collected on a project and the permit
for that project later expires,is vacated or voided before commencement
of construction,the developer shall,upon request,be entitled to a refund
of the unexpended transportation impact fee paid,less a portion of the fee
sufficient to cover costs of collection,accounting for and administration
of the fee paid.Any request for a refund shall be submitted in writing to
the Community Development Director within one year of the date that the
permit expires or is vacated or voided.Failure to timely submit a request for
refund shall constitute a waiver of any right to a refund.
Subd.39.10-Fee Revision by Resolution.
The amount of the transportation impact fees and the formula for the auto-
matic annual adjustment established by this Chapter may be reviewed and
revised periodically by resolution of the City Council.This Chapter shall be