12.20 - Street Impact Fees

Chapter 12.20 - STREET IMPACT FEES

Sections:
12.20.010 Short Title, Authority, and Application.
12.20.020 Intent.
12.20.030 Definitions.
12.20.040 Imposition of Impact Fee.
12.20.060 Credits.
12.20.070 Street Impact Fee Fund.
12.20.080 Benefit District.
12.20.090 Expenditure of Fees.
12.20.100 Refund of Fees Paid.
12.20.110 Review Every Five Years.
12.20.120 Miscellaneous Provisions.

12.20.010 Short Title, Authority, and Application
A. Title. This Chapter shall be known and may be cited as the "Evans, Colorado Street Impact Fee", or "Permanent Street Impact Fee Regulation," or "this Chapter".
B. Authority. The City has the authority to enact this Chapter pursuant to the City’s general police powers, the authority granted to the City by Colorado Revised Statutes, 29-20-104.5(3), and other relevant laws of the State of Colorado.
C. Application. This Chapter shall apply to all development within the territorial limits of the City, unless exempted pursuant to Sec. 12.20.040, B., Exemptions. (Ord. 241-03; Ord. 121-01)

12.20.020 Intent. The intent of this Chapter is to revise the interim street impact fees, which were based on incremental expansion cost method. The intent of this Chapter is to create a permanent street impact fee using a plan-based approach linked to the 2003 Transportation Plan prepared by Felsburg, Holt, & Ullevig.
A. Development Bears Proportionate Share of Cost of Street Improvements. The intent of this Chapter is to ensure impacted areas bear a proportionate share of the cost of street improvements required to accommodate new development and to ensure that funds collected from new development are actually used for street improvements for the City’s Street System that benefits such new development.
B. Bear Proportionate Share of Cost of Street Improvements through Street Impact Fees. It is the further intent of this Chapter that new development pay for its fair share of the costs of
street improvements required to accommodate new development through the imposition of street impact fees that will be used to finance, defray, or reimburse all or a portion of the costs incurred by the City to construct street improvements to the City’s Street System that serves or benefits such new development.
C. No Intent to Charge more than Proportionate Cost. It is not the intent of this Chapter to collect any money from any new development in excess of the actual amount necessary to offset new demands for street improvements for the City’s Street System.
D. No Intent to Commingle Fee Funds. It is the intent of this Chapter that, for accounting purposes, any monies collected for the street impact fee be placed in a separate Street Impact Fee Fund and be separated from monies from any other municipal account(s), and not be used for anything other than street improvements for the City’s Street System. (Ord. 241-03; Ord. 121-01)

12.20.030 Definitions. For the purposes of this Regulation, the following terms shall have the following meanings:
A. Building Permit. The development permit issued by the City before any building or construction activity can be initiated on a parcel of land.
B. Capacity. The maximum number of vehicles which have a reasonable expectation of passing over a given section of a road in one direction, or in both directions, during a given period of time, under prevailing traffic conditions, expressed in terms of vehicles per day.
C. City. The City of Evans, Colorado
D. City Council. The City Council of Evans, Colorado
E. Development. Any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, which creates additional vehicular trips, as demonstrated by an approved traffic analysis, as required by the Public Works Director.
F. Existing Traffic-Generating Development. The most intense use of land within the twelve months prior to the time of Commencement of Traffic-Generating Development.
G. Fee Payer. A person commencing Traffic-Generating Development who is obligated to pay a street impact fee in accordance with the terms of this Chapter.
H. Level of Service (LOS). A qualitative measure describing operational conditions, from "A" (best) to "F" (worst) as defined by the Institute of Transportation Engineers (ITE), within a traffic stream or at intersections, which is quantified for road segments by determination of a volume to capacity ratio (V/C), which is a measurement of the amount of capacity of a road which is being utilized by traffic. The City Council has determined that the City’s road system should operate at LOS "D", on an average daily basis, or better.
I. Non-Site Related Improvements. Street improvements and right-of-way dedications and acquisitions for roads that are identified on the City’s Street System that are not site-related improvements.
J. Person. An individual, corporation, governmental agency, or body, trust, estate, partnership, association, two or more persons having a joint or common interest, or any other entity.
K. Street Improvement(s). The transportation planning, preliminary engineering, engineering design studies, land surveys, alignment studies, right-of-way acquisition, engineering, permitting and construction of all necessary features for any road on the City’s street System, undertaken to accommodate additional traffic resulting from new Traffic-Generating Development in the City. Street improvements include, but are not limited to: (a) construction of new through lanes, (b) construction of new bridges, (c) construction of new drainage facilities in conjunction with new street construction, (d) purchase and installation of traffic signals, including new and upgraded signalization, (e) construction of curbs, gutters, sidewalks, medians and shoulders, (f) relocating utilities to accommodate new street construction, (g) the construction and reconstruction of intersections, (h) the widening of existing streets, (I) bus turnouts, (j) acceleration and deceleration lanes, (k) interchanges, and (l) traffic control devices.
L. Site-Related Improvements. Those street capital improvements and right-of-way dedications that provide direct access to the development. Direct access improvements include, but are not limited to, the following: (a) driveways and streets leading to and from the development, (b) right and left turn lanes leading to those driveways and streets, (c) traffic control measures for those driveways, (d) internal streets, (e) street enhancement (landscaping) and (f) multi-modal facilities. Credit is not provided for site-related improvements under the terms of this Chapter.
M. Successor-in-Interest. A person, as defined in this Chapter, who gains an interest in land for which a street impact fee is paid or a credit is approved pursuant to the terms of this Chapter.
N. Traffic-Generating Development. Land development designed or intended to permit a use of the land that results in more dwelling units or floor space than the current use of the land.
O. Traffic-Generating Development, Commencement of. Occurs upon the issuance of a plat for subdivision, a planned unit development (PUD) approval, or the issuance of a building permit, whichever occurs first after the effective date of adoption of this Chapter.
P. Trip. A one-way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end).
Q. Trip, Diverted. A trip that is already on a particular route for a different purpose that simply diverts travel to a different land use.
R. Trip Generation. The attraction or production of trips caused by land development.
S. Trip, Pass-by. A trip that is already on a particular route for a different purpose that simply stops at another land use.
T. Vehicle-Miles of Travel (VMT). The combination of the number of vehicles traveling during a given time period and the distance (in miles) that they travel. (Ord. 241-03; Ord. 121-01)

12.20.040 Imposition of Impact Fee
A. Time of Fee Obligation and Payment
1. Obligation to Pay and Time of Payment. After the effective date of this Chapter, any person who causes the Traffic-Generating Development, except those exempted pursuant to Sec. 12.20.040, B., Exemption, shall be obligated to pay a street impact fee pursuant to the terms of this Chapter. The obligation to pay the fee shall run with the land. The amount of the fee shall be determined in accordance with this Chapter and paid to the City at the time of issuance of a building permit for the development. If any credits are due pursuant to Sec. 12.20.060, Credits, they shall also be determined at that time.
2. Fees Promptly Deposited in Street Impact Fee Fund. All monies paid by a Fee Payer pursuant to this Chapter shall be identified as street impact fees and shall be promptly deposited in the Street Impact Fee Fund described in Sec. 12.20.070, Street Impact Fee Fund.
3. Extension of Previously Issued Permit. If the Fee Payer is applying for an extension of a permit issued previously, the street impact fees required to be paid shall be the net increase between the street impact fees applicable at the time of the current permit application and any street impact fees previously paid pursuant to this Chapter.
4. Fee Based on Development Permitted. If the building permit is for less than the entire development, the fee shall be computed separately for the amount of development covered by the permit.
5. Increases Traffic-Generating Development from Previous Use. If the fee is imposed for a Traffic-Generating Development that increases traffic impact because of a change in use, the fee shall be determined by computing the difference in the fee schedule between the new Traffic-Generating Development and the Existing Traffic-Generating Development.
6. Prior Conditions and/or Agreements. Any person who, prior to the effective date of this Chapter, agreed as a condition of development approval to pay street impact fees shall be
responsible for the payment of the fees under the terms of any such agreement and the payment of such fee by the developer will be offset against any impact fees due pursuant to the terms of this Chapter.
B. Exemptions. The following development shall be exempt from the terms of this Chapter. An exemption shall be claimed by the Fee Payer no later than when the applicant applies for the first building permit for the development and any claim for exemption not made at or before that time shall be waived. The Manager or a designee Zoning Board of Appeals and City Council shall determine the validity of any claim for exemption.
1. No additional dwelling units, use not changed and/or no additional vehicular trips. Alterations or expansion of an existing building where no additional dwelling units are created, the use is not changed, and where no additional vehicular trips will be produced over and above that produced by the existing use.
2. Accessory buildings and structures not producing additional vehicular trips. The construction of accessory buildings or structures, which will not produce additional vehicular trips over and above that produced by the principal building or use of the land.
3. Replacement of partially destroyed building or structure with similar building that produces no additional vehicular trips. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional trips will be produced over and above that produced by the original use of the land.
4. Government. Projects built by the federal government and the State.
C. Establishment of Fee Schedule The establishment of the fee schedule is in accordance with the street impact fee study prepared by Tischler & Associates and is attached to this Chapter as Exhibit “A”.
D. Adjustment of Fee Schedule due to Inflation. Annually, the fees will be updated and adjusted, by ordinance, to reflect inflation utilizing the most recent actual historical factor for the previous fully completed year for which figures are available from the Consumer Price Index for the Denver-Boulder-Greeley area. (Ord. 528-11: Ord. 304-04: Ord. 241-03; Ord. 121-01)

12.20.060 Credits
A. Standards
1. General. Any person initiating Traffic-Generating Development may apply for credit against street impact fees otherwise due, up to, but not exceeding, the full obligation for street impact fees proposed to be paid pursuant to the provisions of this Chapter, for any contributions, construction, or dedication of land for right-of-way (ROW) accepted by the City for Non-Site-Related Road Improvements identified on the City’s Street System.
2. Valuation of Credits
a. Credit for land dedication for ROW, at the Fee Payer’s option, shall be valued at either (1) 100 percent of the most recent assessed value for such land as shown in the records of the County Assessor, or (2) the fair market value of the land established by a private appraiser acceptable to the City in an appraisal paid for by the City and reimbursed by the Fee Payer.
b. Credit for construction of street improvements shall be valued by the City based on complete engineering drawings, specifications, and construction costs estimates submitted by the Fee Payer to the City. The City shall determine the amount of credit due based on the information submitted, or, if it determines the information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the City.
c. Contributions for street improvements shall be based on the value of the contribution shall be based on actual construction costs or an estimate prepared by a professional engineer, or payment at the time it is made to the City.
3. When Credit Becomes Effective
a. Credits for land dedication for ROW shall become effective after the credit is approved pursuant to this Section, a Credit Agreement is entered into, and the land has been conveyed to the City in a form established by the City at no cost to the City and the dedication of ROW has been accepted by the City Council.
b. Credits for construction of street improvements shall become effective after the credit is approved pursuant to this Section, a Credit Agreement is entered into and (1) all required construction has been completed and has been accepted by the City, (2) a suitable maintenance and warranty bond has been received and approved by the City and (3) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable City and State requirements. Approved credits for the construction of street improvements may become effective at an earlier date if the Fee Payer posts security in the form of an irrevocable letter of credit, or escrow agreement and the amount and terms of such security are accepted by the City Council. At a minimum, such security must be in the amount of the approved credit or an amount determined to be adequate to allow the City to construct the street improvements for which the credit was given, whichever is higher.
c. Credits for contributions for street improvements shall become effective after the credit is approved pursuant to this Section, a Credit Agreement is entered into and the contribution is actually made to the City in a form acceptable to the City and has been accepted by the City.
4. Transferability of Credits. Credits for contributions, construction, or dedication of land for ROW for Non-Site Related Street Improvements identified on the City’s short-range project list, as identified in the transportation plan, shall be transferable within the same development for street impact fee purposes, but shall not be transferable outside the development or used as a credit against fees for other public facilities. Credit may be transferred pursuant to these terms and conditions by any written instrument that clearly identifies which credits issued under this Chapter are to be transferred. The instrument shall be signed by both the transferor and transferee, and the document shall be delivered to the City for registration of the change in ownership.
5. Total Amount of Credit. The total amount of the credit shall not exceed the amount of the street impact fees due and payable for the proposed Traffic-Generating Development.
6. Capital Contribution Front-Ending Agreement. The City may enter into a Capital Contribution Front-Ending Agreement with any person initiating Traffic-Generating Development who proposes to construct Non-Site Related Street Improvements on the City’s Street System. To the extent the actual construction cost of these street improvements exceed the obligation to pay street impact fees for which a credit is provided pursuant to this Section, the Capital Contribution Front-Ending Agreement shall provide proportionate and fair share reimbursement linked to new growth and development’s use of the street improvement(s) constructed.
B. Procedure for Credit Review
1. Submission of Application. In order to obtain a credit against street impact fees otherwise due, the Fee Payer shall submit an offer for contribution, construction, or dedication of land for ROW for Non-Site Related Street Improvements identified on the City’s list of short-range projects as identified in the Transportation Plan. The offer shall be submitted to the City and must specifically request a credit against street impact fees.
2. Offer Contents. The offer for credit shall include the following:
a. If the proposed offer from the developer involves a credit for any contribution for street improvements, the following documentation shall be provided to the Public Works Director:
(1) A certified copy of the development approval in which the contribution was agreed;
(2) If payment has been made, proof of payment; or
(3) If payment has not been made, the proposed method of payment.
b. If the proposed offer involves credit for the dedication of land for ROW for street improvements:
(1) A drawing and legal description of the land;
(2) Concerning the fair market value of land dedicated, an appraisal is to be prepared by a professional Real Estate Appraiser approved by the City.
c. If the proposed credit involves construction of street improvements:
(1) The proposed plan of the specific construction certified by a duly qualified and licensed Colorado engineer or contractor;
(2) The projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated costs shall include the costs of construction or reconstruction, the costs of all labor and materials, the costs of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one year after completion of construction, costs of plans and specifications, surveys of estimates of costs and of revenues, costs of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction.
d. A statement under oath of the facts that qualify the Fee Payer to receive a credit.
3. Determination of Completeness. Within ten working days of receipt of the proposed application, the City Manager or designee shall determine if the application is complete. If it is determined that the proposed application is not complete, the City Manager or designee shall send a written statement to the applicant outlining the deficiencies. No further action shall be taken on the application until all deficiencies have been corrected or otherwise settled.
4. Decision. Once the City Manager or designee determines the offer for credit is complete, it shall be reviewed within twenty working days and approved if it complies with the standards in Sec. 12.20.060, A., Standards.
C. Credit Agreement. If the offer for credit is approved by the City Manager or designee, a Credit Agreement shall be prepared and signed by the applicant and the City. The Credit Agreement shall specifically outline the contribution for street improvements, construction of street improvements or land dedication of ROW for street improvements, the time by which it shall be completed, dedicated, or paid, and any extensions thereof, and the value (in dollars) of the credit against the street impact fees the Fee Payer shall receive for the contribution, construction, or dedication of ROW.
D. Appeal of Credit Decision.
1. Appeal within Ten Working Days of Decision. A Fee Payer affected by the decision on an offer for credit may appeal the City Manager’s decision to the City Council by filing with the City Manager or designee within ten working days of the date of the decision a written notice specifying briefly the grounds of the appeal. The appeal shall be placed on the City Council’s agenda for the next regularly scheduled meeting.
2. Review of Appeal by City Council. The City Council, after a hearing, shall have the power to affirm, amend, or reverse the decision. In making its decision, the City Council shall apply the standards in Sec. 12.20.060, A., Standards. If the City Council reverses or amends the decision, it shall direct the City Manager or designee to provide the appropriate credit in a Credit Agreement.
E. Accounting of Credits. Each time a request to use approved credits is presented to the City, the City Manager or designee shall reduce the amount of the street impact fees and shall note in the City’s records and the Credit Agreement the amount of credit remaining, if any. Upon request of the Fee Payer or the Fee Payer’s transferee, the City shall issue a letter stating the amount of credit remaining. (Ord. 241-03; Ord. 121-01)

12.20.070 Street Impact Fee Fund
A. Establishment of Fund. There is hereby established the Street Impact Fee Fund (hereinafter "Fund") for the purposes of ensuring street impact fees collected pursuant to this Chapter are designated for the accommodation of street impacts reasonably attributable to Traffic-Generating Development that paid the fees.
B. Conformance with State Law. The Fund shall be maintained as an interest bearing account and shall be managed in conformance with C.R.S. 29-1-801, et seq.
C. Deposit and Management of Fund
1. Immediate Transfer of Fees into Fund. All street impact fees collected by the City pursuant to this Chapter shall be promptly deposited in the Fund.
2. Interest-Bearing Account. Any proceeds in the Fund not immediately necessary for expenditure shall be invested in an interest-bearing account. Interest earned on monies in the Fund shall be considered part of the street impact fee monies and shall be subject to the same restrictions as street impact fee monies collected and deposited in the Fund pursuant to this Chapter.
3. Income Derived Retained in Fund until Spent. All income derived from these investments shall be retained in the Fund until spent pursuant to the requirements of this Chapter.
4. Record of Fund Available for Public Inspection. A record of the Fund accounts shall be available for public inspection in the City Manager or designee’s office, during normal business hours. (Ord. 241-03; Ord. 121-01)

12.20.080 Benefit District
A. Establishment. For the purpose of this Chapter, to ensure a substantial benefit to developments paying impact fees, the City of Evans has determined the planned transportation system improvements will benefit new development throughout the entire City. The boundaries of the Street Impact Fee Benefit District shall be a citywide implementation of the street impact fees with one benefit district coterminous with the city limits. (Ord. 241-03; Ord. 121-01)

12.20.090 Expenditure of Fees
A. General Limitation on Expenditures. Street impact fees shall only be spent for street improvements that are identified in the transportation plan’s short-range project list. No street impact
fee monies shall be spent for periodic or routine maintenance or projects outside the Benefit District. No road impact fee monies shall be spent for periodic or routine maintenance, rehabilitation, or replacement of any facility of any type to correct deficiencies on the City’s Street System existing on the effective date of this Chapter being adopted.
B. Annual Street Improvements Budget. At least once during each fiscal year of the City, the City Manager or a designee shall recommend to the City Council a proposed annual street improvements budget for specific projects and related expenses for street improvements. Based on this recommendation, the City Council shall approve an annual street improvements budget and assign monies from the Fund for the street improvements identified. Any monies, including any accrued interest not assigned to specific projects and not expended shall be retained in the Fund until the next fiscal year. (Ord. 241-03; Ord. 121-01)

12.20.100 Refund of Fees Paid. Any fees collected from building permits shall be returned to the Fee Payer or the Fee Payer’s Successor-in-Interest if the fees have not been spent within 7 years from the date the first building permit for the development was issued, along with interest of five percent a year. Fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent.
A. Refund Procedure. The refund shall be administered by the City Manager or designee, and shall be undertaken through the following process:
1. Submission of Refund Application. A Refund Application shall be submitted within one year following the end of the seventh year from the date on which the building permit was issued on the proposed development. The Refund Application shall include the following information:
a. A copy of the dated receipt issued for payment of the fee;
b. A copy of the building permit; and
c. Evidence that the applicant is the Successor-in-Interest to the Fee Payer (if relevant).
2. Determination of Completeness. Within ten days of receipt of the Refund Application, the City Manager or designee shall determine if it is complete. If it is determined the application is not complete, a written statement specifying the deficiencies shall be forwarded by mail to the person submitting the application. The City Manager or designee shall take no further action on the Refund Application until it is deemed complete.
3. Decision on Refund Application. When it is determined the Refund Application is complete, it shall be reviewed within twenty days and shall be approved if it is determined the Fee Payer or a Successor-in-Interest has paid a fee which has not been spent within the period of time permitted under this Section. The refund shall include the fee paid plus interest of five percent (5%) a year.
B. Appeal of Refund Decision.
1. Appeal within Ten Days of Decision. A Fee Payer affected by the decision regarding refunds may appeal the decision to the City Council by filing with the City Manager or designee within ten days of the date of the decision a written notice specifying briefly the grounds of the appeal. The appeal shall be placed on the City Council’s agenda for the next regularly scheduled meeting.
2. Review of Appeal by City Council. The City Council, after a hearing, shall have the power to affirm or reverse the decision. In making its decision, the City Council shall affirm, amend, or reverse the decision based on the standards in this Section. If the City Council reverses or amends the decision, it shall direct the City Manager or designee to readjust the refund in accordance with its findings. In no case shall the City Council have the authority to negotiate the amount of the refund.
C. Limitations
1. Expiration of Building Permit. If a Fee Payer has paid a street impact fee required by this Chapter and has obtained a building permit, and the building permit for which the fee was paid later expires without the possibility of further extension, then the Fee Payer or the Fee Payer’s Successor-in-Interest shall be entitled to a refund of the fee paid, without interest. In order to be eligible to receive a refund of a fee under this subsection, the Fee Payer or the Fee Payer’s Successor-in-Interest shall be required to submit an application for such refund to the City Manager or designee within thirty days after the expiration of the building permit for which the fee was paid. There shall be no refunds after the thirty (30) days has expired. If a Successor-in-Interest claims a refund of fees pursuant to this subsection, the City may require written documentation that such rights have been conveyed to the claimant.
2. No Refund if Project Demolished, Destroyed, Altered, Reconstructed or Reconfigured. After a fee has been paid pursuant to this Regulation, no refund of any part of such fee shall be made if the project for which the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the project or the number of units in the project. (Ord. 241-03; Ord. 121-01)

12.20.110 Review Every Five Years. The fee schedule (Exhibit A) and administrative procedures of this Regulation shall be reviewed at least once every five years by the City Manager or designee and a report prepared for the City Council as to whether any changes should be made to the Street Impact Fee Study, as prepared by Tischler & Associates and this Chapter. The purpose of the review and report is to ensure: (1) the demand and cost assumptions underlying the fees are still valid, (2) the fees do not exceed the actual cost of constructing road improvements that are of the type for which the fee was paid and are required to serve new development and (3) that the street improvement benefits development for which the fees are paid. Before any modifications of this Chapter are effective, they shall be approved by the City Council. (Ord. 241-03; Ord. 121-01)

12.20.120 Miscellaneous Provisions.
A. Administrative Costs. The City shall be entitled to retain not more than three percent of the street impact fees collected as payment for the expenses of collecting the fees and administering this Chapter. In the case of refunds of street impact fees under Sec. 12.20.100, Refund of Fees Paid, the City shall be entitled to retain not more than three percent of the street impact fee payment made as payment for the expenses of processing the reimbursement request.
B. Mistake or Misrepresentation. If a street impact fee has been calculated and paid based on a mistake or misrepresentation, it shall be recalculated. Any amounts overpaid by a Fee Payer shall be refunded by the City within thirty days after the City’s acceptance of the recalculated amount, with interest at the rate of five percent per annum since the date of such overpayment. Any amounts underpaid by the Fee Payer shall be paid to the City within thirty days after the City’s acceptance of the recalculated amount, with interest at the rate of five percent per annum since the date of such underpayment. In the case of an underpayment to the City, the City shall not issue any additional permits or approvals for the project for which the street impact fee was previously paid until such underpayment is corrected, and if amounts owed to the City are not paid within a thirty-day period, the City may also repeal any permits issued in reliance on the previous payment of such street impact fee and refund such fees to the then current owner of the land.
C. Violation of Chapter. Violation of this Chapter shall be a misdemeanor and shall be subject to those remedies provided in City of Evans Municipal Code, Section 1.16.010. Knowingly furnishing false information to any official of the City charged with the administration of this Chapter on
any matter, including, without limitation, the furnishing of false information regarding the expected size, use, or impacts from a proposed development, shall be a violation of this Chapter. In addition to or in-lieu of any criminal prosecution, the City or any applicant for a building permit shall have the right to sue in civil court to enforce the provisions of this Chapter.
D. Section Titles for Convenience. The section titles used in this Chapter are for convenience only and shall not affect the interpretation of any portion of the text of this Chapter.
E. Judicial Action or Proceeding. Any judicial action or proceeding to attack, review, set aside, or annul the reasonableness, legality, or validity of any street impact fee must be filed and service of process effected within ninety days following the date of imposition of the fee or the final determination of the City Council, whichever is the later. (Ord. 241-03; Ord. 121-01) 

EXHIBIT A 

*Also used for churches without weekday or school or day care functions.
(Ord. 529-11: 477-09: 458-08: 417-07: 390-06: 358-05: 304-04: 241-03)

Code Documents

12.20 - Street Impact Fees