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HomeMy WebLinkAboutZ-356 proposed ORDINANCE NO. Z-356 RESTATED AND AMENDED AN ORDINANCE TO ESTABLISH AN IMPACT FEE FOR THE PURPOSE OF PLANNING AND FINANCING PARK AND RECREATIONAL INFRASTRUCTURE NEEDED TO SERVE RESIDENTIAL DEVELOPMENT WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and necessary to protect the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City of Carmel and Clay Township by providing for an equitable program to finance the planning, acquisition and construction of park and recreational infrastructure necessary to serve newly developing areas of the City and Township; WHEREAS, the Common Council further finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City and Township by establishing standards by which the City may require that new development shall pay an impact fee representing such development's proportionate share of the cost of planning and financing the park and recreational infrastructure necessary to serve the new development; and WHEREAS, the Common Council finds that new development should not be required to pay a fee for the planning and financing of such park and recreational infrastructure which is greater than the amount that existing development will pay to provide the infrastructure that is needed to serve the existing development, and impact.doc 11/22/00 1 WHEREAS, in cooperation with the Carmel-Clay Park and Recreation Board this Council requested that the Director of the Department of Community Services caused to be reviewed the appropriateness of the Impact Fee, the Impact Fee Zone and the Zone Improvement Plan and if deemed necessary, to prepare a proposed replacement impact fee ordinance; and WHEREAS, the Director of the Department of Community Services has caused such a review; and WHEREAS, in consultation with the Engineer of the City of Carmel, the Plan Commission has prepared an amended Zone Improvement Plan for the City and Township which provides for the planning and financing of the additional park and recreational infrastructure necessary to serve new development in the City and Township; and WHEREAS, such Zone Improvement Plan was duly approved by the Plan Commission on November 21, 2000, and recommended to the Common Council along with this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-1311, it adopts this Amended and Restated Impact Fee Ordinance as an amendment to the Carmel/Clay Zoning Ordinance Z-289, as amended (the"Zoning Ordinance"), and adds the language in Section 29.8, entitled Parks and Recreation Impact Fees, to the Zoning Ordinance with the following language and from the date hereof, Section 29.8 shall read as follows: impact.doc 11/22/00 2 29.8 PARKS AND RECREATION IMPACT FEES: Adopted S opted and approved on and effective on and after as set forth in Section 29.8.14. 29.8.0 Title This ordinance shall be referred to and known as the Parks and Recreation Impact Fee Ordinance (the"PRIF Ordinance") for Carmel/Clay Township, Hamilton County, Indiana. 29.8.1 Definitions All of the definitions contained in Section 3.0 of the Zoning Ordinance shall apply to this PRIF Ordinance. In addition, the following definitions and rules of construction shall also apply to this PRIF Ordinance: FISCAL OFFICER. The fiscal officer, as defined by state law, of the local government unit imposing an impact fee pursuant to this PRIF Ordinance, namely the Clerk-Treasurer of the City of Carmel. IMPACT FEE STATUTE. The following provisions of the Indiana Code, as amended: IC 36-7-4-1300 through IC 36-7-4-1342. IMPROVEMENT LOCATION PERMIT. For purposes of the Impact Fee Statute, an Improvement Location Permit (issued under the Carmel/Clay Zoning Ordinance) shall be considered a"structural building permit". PARKS AND RECREATION INFRASTRUCTURE. The capital improvements that comprise the parks and other recreational facilities that (i) are owned or leased by the Parks Board solely for a public purpose, and (ii) are included in the 2001-2006 impact.doc 11/22/00 3 Zone Improvement Plan. Parks and Recreation Infrastructure includes the site improvements and interests in real property needed for such parks and other recreational facilities. PARKS BOARD. The Carmel/Clay Board of Parks and Recreation, which is hereby identified as the"infrastructure agency" that is responsible for acquiring, constructing, or providing Parks and Recreation Infrastructure. PETITION FOR REVIEW. A petition filed with the Director to initiate an appeal of an impact fee calculation. REVIEW BOARD. The Carmel/Clay Impact Fee Review Board established under Section 29.8.9 below. ZONE IMPROVEMENT PLAN. The zone improvement plan for Parks and Recreation Infrastructure which was prepared by the Commission in conjunction with the 2020 Vision Comprehensive Plan of the City of Carmel and Clay Township and approved by the Commission on September 17, 1996 was duly and properly reviewed and amended, such amended version being approved by the Commission on November 21,2000, (the "2001-2006 Zone Improvement Plan"). The 2001-2006 Zone Improvement Plan is attached hereto as Exhibit A and made a part hereof. 29.8.2 Establishment of Impact Zone. There is hereby established one Parks and Recreation Infrastructure Impact Zone, the borders of which are coterminous with the boundaries of Clay Township, Hamilton County, Indiana, and, over which the City of Carmel exercises planning and zoning impact.doc 11/22/00 4 jurisdiction through a joinder agreement with Clay Township. In this regard, the Council specifically finds that there is a functional relationship between the components of the Park and Recreation Master Plan and the 2001-2006 Zone Improvement Plan, as each is amended from time to time, and that such plans will provide a reasonably uniform benefit to all of the citizens throughout the Impact Zone. The Council further finds that all areas within the Impact Zone are contiguous as required in IC 36-7-4-1316. Except as provided below, this PRIF Ordinance shall apply uniformly to all developments within the Impact Zone hereby established for which the City of Carmel and Clay Township may require an improvement location permit and which create a need for new and additional Parks and Recreation Infrastructure. This PRIF Ordinance shall not apply to: (1) improvements which do not require an improvement location permit; (2) improvements which do not create a need for new and additional Parks and Recreation Infrastructure, including the erection of a sign, construction of accessory buildings, structures or fences or the alteration, renovation or expansion of an improvement where the use, or intensity thereof, has not changed; or (3) the replacement of a destroyed or partially destroyed improvement, provided that the replacement improvement does not create a need for new and additional Parks and Recreation Infrastructure over and above the infrastructure needed by the original improvement prior to the destruction or partial destruction thereof. 29.8.3 2001-2006 Zone Improvement Plan. The Council hereby finds that, prior to the adoption of this PRIF Ordinance, the Commission undertook a comprehensive and detailed park and recreational impact impact.doc 11/22/00 5 analysis through the employment for that purpose of a qualified engineer, and the resulting study and data base were used in the preparation of the 2001-2006 Zone Improvement Plan as required by IC 36-7-4-1318(d). The Council has heretofore adopted the 2001- 2006 Zone Improvement Plan and finds in this regard that the2001-2006 Zone Improvement Plan does contain the following elements: (a) Reasonable estimates relating to the nature and location of development that is expected within the Impact Zone during the planning period, which, for the purposes of this PRIF Ordinance is defined to be a period of eighteen (18) years commencing with the date of adoption hereof. (b) A reasonable determination of the community level of service for the Impact Zone. (c) A reasonable determination of the current level of service provided within the Impact Zone. (d) A reasonable estimate of the nature, location, sequencing, and timing of the park and recreational improvements and costs necessary to provide the community level of service for the developments contemplated in subparagraph(a) hereof. (e) A reasonable estimate of the share of the park and recreational costs identified in subparagraph(d) hereof that will be used to: (1) Raise the current level of service for existing development or provide service to existing development; or (2) Provide service to new development. (f) A reasonable estimate of revenues that: impact.doc 11/22/00 6 (1) Are from sources other than impact fees; and, (2) Will be used to finance the costs identified in subparagraph (e) (1) above. (g) A description of the nature and location of existing infrastructure in the Impact Zone. (h) A general description of the sources and amounts of money used to pay for infrastructure during the previous five years. In addition, the Council has specifically adopted the 2001-2006 Zone Improvement Plan as an official part of the CarmeUClay Comprehensive Plan pursuant to IC 36-7-4-500 et seq. 29.8.4 Establishment of Impact Fee. Based upon the Park and Recreation Master Plan and 2001-2006 Zone Improvement Plan previously referred to and which is made a part of this PRIF Ordinance, the Council determines that the impact costs, minus the sum of nonlocal revenues and impact deductions (as defined in IC 36-7-4-1321), equal the amount of Five Hundred Twenty Seven Dollars ($527) per equivalent dwelling unit, and that, therefore, the impact fee to be imposed on every development subject to this PRIF Ordinance shall equal the product of: (a) Five Hundred Twenty Seven Dollars ($527), times (b)the number of equivalent dwelling units to be constructed pursuant to the improvement location permit obtained by the fee payer. The Council does hereby make as a part of the record of these proceedings, all of the data collected, the calculations made, and the conclusions reached by the Commission in the process of developing the 2001-2006 Zone Improvement Plan, and specifically instructs the Director to make such data and other information inclusively impact.doc 11/22/00 7 available to anyone for review during regular business hours. In the event that any parcel of real estate considered in the creation of the 2001-2006 Zone Improvement Plan undergoes a change in use, redevelopment, or a modification which requires an improvement location permit, and creates a need for new infrastructure, an impact fee will be assessed only for the increase in the burden on infrastructure. 29.8.5 Credit in Lieu of Payment;Exemptions. Pursuant to IC 36-7-4-1335, any person obligated to pay a fee pursuant to the terms of this PRIF Ordinance may be granted the option of financing, constructing and dedicating Parks and Recreation Infrastructure instead of making all or part of any impact fee payment which may be due, so long as such financing, construction and dedication are accomplished pursuant to the 2001-2006 Zone Improvement Plan and with the consent and acceptance of the Parks Board. Such fee payer, or other person providing the infrastructure or improvement, shall be allowed a credit in an amount equal to the sum of (A) the actual cost of constructing or providing the infrastructure or improvements, plus (B) the fair market value of the land, real property interests, and site improvements provided. The amount of the credit shall be determined by agreement(the"Credit Agreement")between the person constructing or providing the infrastructure or improvement and the Parks Board. A fee payer shall make a request for credit prior to the issuance of the improvement location permit. In the event the credit is less than the amount of the impact fee due pursuant to Section 29.8.4 above, the remaining balance shall be due in accordance with the provisions stated hereafter. Credits against impact fees otherwise due shall be allowed pursuant to this section for all infrastructure and impact.doc 11/22/00 8 improvements constructed or furnished in accordance with IC 36-7-4-1313 and IC 36-7- 4-1335 since January 1, 1989. In addition, a fee payer or other person responsible for installing infrastructure or improvements may designate in writing a method of allocating its credits to future fee payers who may be successors in interest to the credits earned by the fee payer or others, as part of the Credit Agreement provided for above. Any person otherwise obligated to pay the fee established by this PRIF Ordinance whose property was totally or partially destroyed by fire, storm or other casualty beyond his or her control, • shall be exempt from said fee if such person repairs or replaces the destroyed structure without creating a burden on Parks and Recreation Infrastructure greater than the burden imposed by the destroyed structure. In the event of such additional burden, the fee shall be calculated based only on the increased burden created by the structure. 29.8.6 Impact Fee Due Upon Issuance of Improvement Location Permit. The impact fee imposed pursuant to the terms of this PRIF Ordinance shall be due and payable upon the issuance of an improvement location permit. The entire fee which is calculated pursuant to the terms of this PRIF Ordinance shall be due at said time unless the amount of the fee upon calculation is greater than Five Thousand Dollars ($5,000), in which case an installment plan may be requested by the applicant in accordance with the terms set forth in IC 36-7-4-1324 (a), (b), (c), and (d). The Review Board shall establish specific rules consistent with said code provisions for installment payments. The interest rate on any installment plan or deferred payment shall be the pre judgment rate of interest set forth in the Indiana Code as from time to time amended. If a fee payer requests, the amount of the impact fee shall be assessed upon the voluntary submission of a impact.doc 11/22/00 9 development plan or upon the issuance of the improvement location permit, whichever is earlier. For purposes of this section, "assessment" means the act of calculating the amount of the impact fee which shall be due. The Director shall make such assessment within thirty (30) days of the date of such voluntary request or at the issuance of the improvement location permit with or without a request. 29.8.7 Lien Rights Established. Pursuant to IC 36-7-4-1325, the City of Carmel acquires a lien against the real estate which is the subject of the impact fee. Upon adoption, this PRIF Ordinance shall be recorded, and, thereafter, it shall constitute constructive notice of the lien rights of the City. The City may, in its discretion, file a specific instrument setting forth its lien rights with respect to a parcel of real estate which is the subject of an installment payment plan for an impact fee, and such instrument shall constitute actual notice in addition to the constructive actual notice in addition to the constructive notice provided for by the recording of this PRIF Ordinance. 29.8.8 Form of Receipt. The Director shall issue a receipt for any and all impact fees collected, and the form of such receipt shall be as follows: Received of[fee payer], this [date]day of[month, year], the sum of$ [amount] in [full/partial] satisfaction of impact fees due pursuant to Ordinance No. relating to improvements to be constructed on the real estate described on Exhibit A, attached hereto, made part hereof, and subject to lien rights in favor of the City of Carmel in the event of partial payment with payments remaining due. The remaining balance due (if any) is in the following amount: $ This impact fee is dedicated to the creation of the following infrastructure elements in accordance with the 2001-2006 Zone Improvement Plan: DEPARTMENT OF COMMUNITY SERVICES City of Carmel impact.doc 11/22/00 10 29.8.9 Establishment of Review Board;Hearing of Appeals. There is hereby established the Carmel Clay Impact Fee Review Board. The Review Board shall consist of three (3) citizen members (who may be residents of the City of Carmel and/or Clay Township), appointed by the Mayor of the City of Carmel to serve for terms of four(4)years; however, for the purpose of providing for staggered terms of office, the initial members of the Review Board shall be appointed for respective terms of two (2)years, three(3) years, and four(4) years. The members of the Review Board may not be members of the Commission and must meet the qualifications prescribed by IC 36- 7-4-1338(b), that is, one (1) licensed real estate broker, one licensed (1) engineer, and one (1) certified public accountant. Whenever a member of the Review Board is unable to participate in any matter before the board because of a conflict of interest, the Mayor shall appoint a temporary replacement member, meeting the qualifications of the member being replaced, to serve on the board for the purpose of hearing that matter only. The Review Board shall be governed by IC 36-7-4-1338(c) and all other applicable provisions of the Impact Fee Statute. Any fee payer who believes itself to be aggrieved by the calculation of an impact fee may appeal from such calculation to the Review Board and the Review Board shall conduct a hearing with regard thereto. At such hearing, the fee payer shall bear the burden of going forward with the evidence and shall present evidence addressing either of the following propositions: (a) A fact assumption used in determining the amount of the impact fee is incorrect; or (b) The amount of the impact fee is greater than the amount allowed under IC 36-7-4- 1320, IC 36-7-4-1321, and IC 36-7-4-1322. impact.doc 11/22/00 11 Upon conclusion of the presentation of evidence, the Review Board shall make a determination within thirty (30) days, upon the facts presented and may make such adjustments in the impact fee as it deems are appropriate under the circumstances, if any. An appeal under this Section 29.8.9 must be filed not later than thirty (30) days after the issuance of the improvement location permit. The appeal shall be initiated with the filing of a Petition for Review with the Director, together with a filing fee in the amount of One Hundred Dollars ($100). The filing fee shall be refunded in full: (1) if the Petition of Review is granted and the impact fee is eliminated, reduced or adjusted by the Review Board, by independent action of the Director, or by a court having jurisdiction, and (2) if the reviewing body determines that the amount of the fee, reductions, or credits were arbitrary or capricious. The Petition for Review shall be in a form calculated to inform the Review Board of the nature of the complaint, the parties to the action, and the relief requested. In addition, the petition shall describe the new development on which the impact fee has been assessed, all facts related to the assessment of the impact fee, and the reasons the petitioner believes that the amount of the impact fee assessed is erroneous or is greater than the amount allowed by the fee limitations set forth in the Impact Fee Statute. The Director shall not deny the issuance of improvement location permit on the basis that the impact fee has not been paid, or condition issuance of the permit on the payment of the impact fee. However, unless the impact fee exceeds One Thousand Dollars ($1,000), the fee payer impact.doc 11/22/00 12 shall pay the impact fee or initiate an appeal under this section before being issued the permit. 29.8.10 Establishment of Impact Fee Fund. There is hereby established an Impact Fee Fund within the City of Carmel to receive any and all sums collected pursuant to this PRIF Ordinance and any other Impact Fee Ordinance that may hereafter be adopted, to be utilized in connection with the purposes set forth in Section 29.8.11 below. A special account shall be established in the fund for Parks and Recreation Infrastructure which shall be kept separate from any other account that may hereafter be established in the fund for other infrastructure types. In the event, and only in the event, that an additional Impact Zone for Parks and Recreation Infrastructure is created hereafter, a separate account shall be maintained for each separate Impact Zone established within the City of Carmel and Clay Township. Interest earned on any such account shall be deposited and maintained within the separate account. The Fiscal Officer shall manage the Impact Fee Fund according to the provisions of the Impact Fee Statute and maintain records of the status of any such account. Pursuant to IC 36-7- 4-1329, the Fiscal Officer shall make an annual report to the Commission and the Parks Board of said accounts which shall be available to the public in general and fee payers, upon request, in particular. The right to any refund of an impact fee shall be determined strictly in accordance with IC 36-7-4-1332, and the Fiscal Officer is designated, pursuant to IC 36-7-4-1332(e), as the official responsible for acting upon any refund applications that may be filed by fee payers. In order to facilitate the payment of any refunds when they may be due, the Fiscal Officer is directed to identify the purpose of any impact fee impact.doc 11/22/00 13 paid in order that a refund, if any, may be paid from the account into which the fee was originally deposited. 29.78.11 Use of Impact Fees Collected. Any and all fees collected pursuant to the provisions of this PRIF Ordinance may be utilized only for the following purposes: (a) Providing funds to be utilized by the Parks Board for the purpose of paying the capital costs of Parks and Recreation Infrastructure that is necessary to serve the new development within the City of Carmel and Clay Township and that is identified in the 2001-2006 Zone Improvement Plan; (b) An amount not to exceed Five Percent (5%) of the annual collections of the fees, to be utilized by the Parks Board for expenses incurred by such City and Township for the consulting services that are used with regard to the establishment and maintenance of this impact fee program; (c) To pay any refund that may be due under IC 36-7-4-1332; (d) To pay the debt service cost on an obligation issued to provide Parks and Recreation Infrastructure described in subparagraph(a) above, in accordance with IC 36-10-3-27. 29.8.12 Conflicts with Impact Fee Statute. The Council specifically acknowledges the existence of the Impact Fee Statute, which regulates the adoption of impact fee ordinances by municipal corporations within the State of Indiana. It is the intent of the Council to comply with such legislation, and this PRIF impact.doc 11/22/00 14 Ordinance shall be construed in all respects to be consistent with the Impact Fee Statute. The substantive and procedural requirements of the Impact Fee Statute shall control in the event of conflicts, which are unintended by the Council. 29.8.13 Amendments and Review. The impact fee provided for herein is based upon information that, in large part, is subject to inflation and other economic and market forces over which the Council has no control. The Council may, therefore, not less than once each year, cause a review to be made by the Director or such consultants as may be required, to determine the continuing validity of the Impact Fee, the Impact Zone, and the 2001-2006 Zone Improvement Plan. The Council may consider and adopt such amendments as are necessary to cause a substantive compliance with all constitutional and statutory requirements. To the extent required by the facts and circumstances, this process shall include the steps necessary to update the 2001-2006 Zone Improvement Plan and the Comprehensive Plan. 29.8.14 Effective Date and Expiration Date. Pursuant to IC 36-7-4-1340, this PRIF Ordinance shall be effective six (6) months following its adoption in accordance with the Impact Fee Statute, replacing the PRIF Ordinance adopted in November of 1996 and wholly contained in Section 29.7 of the Carmel City Code. This PRIF Ordinance shall expire five (5) years following such effective date, and no impact fee may be collected under this PRIF Ordinance after such expiration date. However, the Council may adopt a replacement impact fee ordinance to take effect before, on or after such expiration date if the replacement ordinance complies with the provisions of the Impact Fee Statute. impact.doc 11/22/00 15 PASSED by the Common Council of the City of Carmel, Indiana this day of , 2000, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer N. L. Rundle, President Kevin Kirby John R. Koven Robert Battreall Luci Snyder Ronald E. Carter Wayne A. Wilson ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the day of , 2000. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of , 2000. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-356 impact.doc 11/22/00 16