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. 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. 1029)

For purposes of this Ordinance, 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 30,000 gallons per month.

(b)   Streets - Traffic count in and out of said development of 75 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. 1029)

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. 1029)

The assessment authorized herein shall be made prior to the issuance of any building permit upon the property to be serviced. Payment shall be upon such terms as the owner and City shall agree or as determined by the Governing Body.

(Ord. 1029)

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. 1029)

A City of Andover Arterial roadway impact fee is hereby imposed upon new development for the purpose of equitably apportioning the costs associated with expanding the city's arterial roadway system to accommodate the needs created by such new development. The impact fee shall be imposed on all new residential construction within the City of Andover, Kansas and all fees collected shall be utilized solely for arterial roadway improvements as such roads are designated in the City of Andover's Comprehensive Development Plan.

(Ord. 824; Ord. 1029)

Except as otherwise permitted herein, the impact fee provided for herein shall be assessed and collected at the time of the issuance of a building permit and no building permit for construction shall be issued to the owner of property assessed unless the owner of such assessed property has paid in full the assessment applicable to the property to be developed.

(Ord. 824)

(a)   Upon receipt of an application for a building permit for development subject to this Ordinance, the city's zoning administrator shall determine the amount of the applicable impact fee. For residential development the fee shall be based upon the number of dwelling units. The actual amount of the fee per dwelling unit shall be set by official resolution of the city adopted by the city council initially upon the adoption of this Ordinance which shall be reviewed not less than bi-annually thereafter. Revisions to the amount of the impact fee shall be made by subsequent resolution.

(Ord. 824)

(b)   Upon determination of the appropriate impact fee as determined by the city's zoning administrator, the fee so imposed shall be collected by the zoning administrator as a condition precedent to the issuance of the building permit.

(Ord. 824)

(c)   Notwithstanding the foregoing, a land developer can request the assessment of an estimated impact fee at the time of final plat approval and may be permitted to pay the estimated fee then in effect. In such cases, the estimated fees collected shall be credited against the individual lots within the platted subdivision. At the time of the issuance of the building permit the requested development upon each lot will be taken into account and a determination will be made as to whether the actual development will be the same as assumed at the time of the payment of the estimated fee. If so, no additional fee will be imposed. If the usage of the lot as reflected within the building permit application indicates the construction of improvements which will result in a higher fee than represented by the estimated fee, the city's zoning administrator shall collect an additional fee consistent with the actual proposed development of the lot, which additional fee shall be based upon rates prevailing at the time of the payment of the additional fee.

(Ord. 824)

(d)   An applicant for a zoning permit who feels aggrieved by the impact fee as determined by the city's zoning administrator may file a petition for review with the city clerk or the clerk's duly designated agent for the purpose of seeking administrative review of a decision by the zoning administrator as to the applicability of the impact fee ordinance or the amount of the impact fee due. The city clerk or his/her duly designated agent must provide the applicant, in writing, with a decision upon such request. The decision shall include the reasons for the decision. Pending the outcome of such review a building permit may be issued, but only upon the posting of satisfactory financial sureties guaranteeing the payment of the fee as ultimately determined by the city clerk or his/her duly designated agent.

(Ord. 824)

Upon receipt of impact fees, the zoning administrator shall transfer such funds to the city treasurer who shall be responsible for the placement of such funds in a segregated interest-bearing fund designated as the transportation impact fund (TIF). All monies placed in said fund and all interest earned therefrom shall be utilized solely and exclusively for the improvement of arterial roads as follows:

(a)   For the costs associated with engineering, financing, and actual construction or reconstruction of such arterial roads.

(b)   As reimbursement to the city for arterial roads in place, the costs for which were paid by the city at large after the effective date of this Ordinance.

(c)   Impact fee funds collected shall not be used for ordinary maintenance or repairs of the existing or new street networks.

(Ord. 824)

Any property owner whose land has been previously assessed a TIF fee shall be allowed a credit against the impact fee provided for herein. The credit shall be equal to but may not exceed the dollar amount for which such land was originally assessed a TIF fee, providing that such prior assessment has been fully paid. This section shall generally only be applicable in the event of a change in the usage of land requiring a property owner to apply for a building permit for additional construction or reconstruction of improvements.

(Ord. 824)

Petitions for variance and exceptions to the application of this Ordinance shall be made to the city clerk or his/her duly designated agent. Any person aggrieved by such determination may appeal the same within thirty (30) days; provided, however, that the imposition and collection of such fee shall not be stayed unless a bond or other sufficient surety in an amount equal to the fee has been filed simultaneously with the filing of appeal. The appeal shall be to the entire governing body which will consider the appeal within thirty (30) days thereafter and the governing body may take into account any inequities to the property owner or any benefits to the city associated with the proposed development.

(Ord. 824)

The imposition of the impact fees provided for herein does not alter, negate, supersede, or otherwise affect any other requirements of city, county, state, or federal legislation or regulations that may be applicable to a development, including general or special benefit district participation, city zoning and/or subdivision regulations and/or requirements that may impose or involve a transportation operational improvement. This Ordinance shall not negate or alter any city requirements, standards, or policies relating to transportation or street improvements including payment for or dedication of land for right-of-way or utility easements.

(Code 2011)

(a)   Andover must expand its park system in order to maintain current level of service and park standards if development is to be accommodated without decreasing current standards. This must be done in order to promote and protect the public health, safety, and welfare.

(b)   The Kansas Legislature through the enactment of K.S.A. 12-749(b) provides the authority for Andover to enact impact fees.

(c)   The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate development and maintain current levels of service. This must be done in order to promote and protect the public health, safety, and welfare.

(d)   That land development will continue to create the demand for the acquisition or expansion of parks and the construction of park improvements.

(e)   The fees established are derived from, based upon, and do not exceed the costs of providing additional park and park improvements necessitated by the new land developments for which the fees are levied.

(f)   Other revenue sources, such as, but not limited to, state revenue sharing, permit fees, grants, donations, and city general funds will be used, in conjunction with impact fees, to finance park improvements.

(Ord. 1029)

(a)   This ordinance shall be known and may be cited as the Andover Park Impact Fee Ordinance.

(b)   This City Council of Andover has the authority to adopt this ordinance pursuant to Article K.S.A. 12-749(b) of the Kansas Statutes.

(c)   This ordinance shall apply in the incorporated areas of Andover to the extent permitted by Article 12 Section 5 of the Constitution of the State of Kansas.

(Ord. 1029)

(a)   This ordinance is intended to assist in the implementation of the Comprehensive Development Plan for the Andover Area, Kansas and the Andover Park and Open Space System Master Plan, an element of the Comprehensive Plan.

(b)   The purpose of this ordinance is to regulate the use and development of land to assure that development bears a proportionate share of the cost of capital expenditures necessary to provide parks and park improvements in Andover.

(Ord. 1029)

(a)   The provisions of this ordinance shall be liberally construed to carry out its purpose effectively and in the interest of the public health, safety, and welfare.

(b)   For the purposes of administration and enforcement, unless otherwise stated in this ordinance, the following rules of construction shall apply to the text of this ordinance:

(1)   In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table, or illustrative table, the text shall control.

(2)   The word shall is always mandatory and not discretionary; the word may is permissive.

(3)   Words used in the present tense shall include the plural, and the plural singular, unless the context clearly indicates the contrary.

(4)   The phrase “used for” includes arranged for, designed for, maintained for, or occupied for.

(5)   The word person includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(6)   Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction and, or, or either…or the conjunction shall be interpreted as follows:

(A)  And indicates that all the connected terms, conditions, provisions, or events shall apply.

(B)  Or indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

(C)  Either…or indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

(7)   The word includes shall not limit a term to the specific example but it is intended to extend its meaning to all other instances or circumstances of like kind or character.

(Ord. 1029)

(a)   A fee payer is a person applying for the issuance of a building permit or permit for manufactured/mobile home installation.

(b)   A capital improvement includes parks planning, land acquisition, site improvements, buildings, and equipment but excludes maintenance and operation.

(c)   Private recreational facility is any recreational facility, which is not owned by or dedicated to any governmental entity.

(Ord. 1029)

Except as otherwise permitted herein, the impact fee provided for herein shall be assessed and collected at the time of the issuance of a residential building permit and no residential building permit for construction shall be issued to the owner of property assessed unless the owner of such assessed property has paid in full the assessment applicable to the property to be developed.

(Ord. 1029)

(a)   Upon receipt of an application for a residential building permit for development subject to this Ordinance, the City’s Zoning Administrator shall determine the amount of the applicable impact fee. For residential development the fee shall be based upon the number of dwelling units. The actual amount of the fee per dwelling unit shall be set by official resolution of the city adopted by the City Council initially upon the adoption of this Ordinance, which shall be reviewed not less than biannually thereafter. Revisions to the amount of the impact fee shall be made by subsequent resolution.

(b)   Upon determination of the appropriate impact fee as determined by the City’s Zoning Administrator, the fee so imposed shall be collected by the Zoning Administrator as a condition precedent to the issuance of the building permit.

(Ord. 1029)

(a)   The fee payer shall pay the park impact fee required by this ordinance to the City Zoning Administrator prior to the issuance of a residential building permit or a permit for residential manufactured/mobile home installation.

(b)   Upon receipt of the park impact fees, the Zoning Administrator shall transfer such funds to the City Treasurer who shall be responsible for the placement of such funds in a segregated interest bearing fund designated as the Park Impact Fee Fund. All monies placed in said fund and all interest earned therefrom shall be used solely and exclusively for the purposes as stated in Section 19-320.10.

(Ord. 1029)

(a)   There is hereby established a Park Impact Fee Fund.

(b)   Funds withdrawn from this account must be used in accordance with the provisions of Section 19-320.10.

(Ord. 1029)

(a)   Funds collected from park impact fees shall be used solely for the purposes of acquiring and/or making capital improvements to parks under the jurisdiction of the City of Andover and shall not be used for maintenance or operations.

(b)   In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which park impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments.

(Ord. 1029)

(a)   The following shall be exempted from payment of the impact fee:

(1)   Alterations or expansion of an existing building where no additional residential units are created and where the use is not changed.

(2)   The construction of accessory buildings or structures.

(3)   The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use.

(4)   The installation of a replacement mobile home on a lot or other such site when a park impact fee or such manufactured/mobile home site has previously been paid pursuant to this ordinance or where a manufactured/mobile home legally existed on such site on or prior to the effective date of this ordinance.

(5)   The construction of any nonresidential building or structure or the installation of a nonresidential manufactured/mobile home.

Any claim of exemption must be made no later than the time of application for a building permit or permit for manufactured/mobile home installation. Any claim not so made shall be deemed waived.

(b)   Credits

(1)   The fee payer as total or partial payment of the required impact fee may offer park land and/or park capital improvements. The offer must specifically request or provide for a park impact fee credit. If the City Council accepts such an offer, whether the acceptance is before or after the effective date of this ordinance, the credit shall be determined and provided in the following manner:

(A)  Credit for the dedication of land shall be valued at 115 percent of the most recent assessed value by the County Appraiser; by such other appropriate method as the City Council may have accepted prior to the effective date of this ordinance for particular park improvements; or by fair market value established by private appraisers acceptable the City. Credit for the dedication of park land shall be provided when the property has been conveyed at no charge, and accepted by, by the City in a manner satisfactory to the City Council.

(B)  Applicants for credit for construction of park improvements shall submit acceptable architectural, landscape architectural and/or engineering drawings, specifications, and construction cost estimates to the Director of Public Works. The Director of Public Works shall determine credit for construction based upon either these cost estimates or upon alternative criteria and construction cost estimates if the Director of Public Works determines that such estimates submitted by the applicant are either unreliable or inaccurate. The Director of Public Works shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his agreement to the terms of the letter or certificate and return such signed document to the City Clerk before credit will be given. The failure of the applicant to sign, date and return such document within sixty (60) days shall nullify the credit.

(C)  Except as provided in Subparagraph (D) below, credit against impact fees otherwise due will not be provided until:

(i)    the construction is completed and accepted by the City, or the State, whichever is applicable;

(ii)   a suitable maintenance and warranty bond is received and approved by the City Clerk, when applicable.

(D)  Credit may be provided before completion of specified park improvements if adequate assurances are given by the applicant that the standards set out in Subparagraph (c) above will be met and if the fee payer posts security as provided below for the costs of such construction.  Security in the form of a performance bond, irrevocable letter of credit, or escrow agreement, and shall be accompanied by an executed developer’s agreement, shall be posted with and approved by the City Clerk in an amount determined by the Director of Public Works.  If the park construction project will not be constructed within one (1) year of the acceptance of the offer by the City Council, the amount of the security shall be increased by ten percent (10%) compounded for each year of the life of the security.  The security shall be reviewed and approved by the City Clerk before acceptance of the security by the City.  If the park construction project is not to be completed within five (5) years of the date of the fee payer’s offer, the City council must approve the park construction project and its scheduled completion date prior to the acceptance of the offer by the City Council.

(2)   Any claim for credit must be made no later than the time of application for a building permit or permit for manufactured/mobile home installation.  Any claim not so made shall be deemed waived.

(3)   Credits shall not be transferable from one project or development to another without the approval of the City Council.

(Ord. 1029)

Petitions for variances and exceptions of this Ordinance shall be made to the City Clerk or his/her designated agent.  Any person aggrieved by such determination may appeal the same within thirty days; provided however that the imposition and collection of such fee shall not be stayed unless a bond or other sufficient surety in an amount equal to the fee has been filed simultaneously with the filing of an appeal.  The appeal shall be to the entire Governing Body which will consider the appeal within thirty days thereafter and the Governing Body may take into account any inequities to the property owner or any benefits to the city associated with the proposed development.

(Ord. 1029)

If any section, phrase, sentence, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.

(Ord. 1029)