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98-9851 Schilling Impact Fee0 (Published in The Salina Journal January, 1998 and February 1, 1998 Effective � .9, 1998) .s9n ORDINANCE NUMBER 98-9851 AN ORDINANCE ESTABLISHING AN IMPACT FEE FOR THE SCHILLING DRAINAGE CHANNEL AND DETENTION BASIN. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Authority. This ordinance is adopted pursuant to the City's home rule authority under Article 12, Section 5 of the Kansas Constitution and in accordance with K. S.A. 12- 137. Section 2. Purpose. The purpose of this ordinance is to establish an impact fee for the Schilling Drainage Channel and Detention Basin (the "Drainage Structure"). Section 3. Policy Objectives. This ordinance serves the policy objectives of: A. Making available the excess storage capacity of the Drainage Structure on the basis of an impact fee payable only by those property owners electing to make use of the Drainage Structure as an alternative means of complying with stormwater runoff regulations without detention. B. Providing an adequate, non -general property tax funding source that will enable the City to address the potential future risks and/or costs resulting from this use of the excess capacity of the Drainage Structure for developed properties. Section 4. Legislative findings. The governing body finds that: A. Drainage Structure. The Drainage Structure was constructed as a cooperative project by Saline County and the City of Salina using federal and local funds, on property owned by Saline County. The Drainage Structure was constructed primarily to intercept stormwater runoff that flowed north from predominantly undeveloped land over Schilling Road and into the city (the "Undeveloped Runoff') by diverting the water east via a channel running along the south side of Schilling Road to a holding basin and then through a levee outlet into the Smoky Hill River. B. Excess Capacity. The Drainage Structure was designed to include storage capacity in excess of that needed to handle the Undeveloped Runoff. C. Benefit Area. The public interest is best served by allowing the property owners within the area depicted on the map attached to and incorporated within this ordinance as Map 1 (the `Benefit Area") to elect to comply with stormwater runoff regulations by discharging stormwater runoff, without detention, into the Drainage Structure upon payment of a fee which reasonably reflects the impact of such use of the Drainage Structure in terms of the potential future risks and/or costs to the general taxpayers of the City caused by the consumption of a portion of the excess capacity of the Drainage Structure. D. Fairness in relation to other properties within the City. To allow property owners within the Benefit Area to comply with stormwater runoff regulations upon development of their property by discharging stormwater runoff, without detention, into the Drainage Structure at no cost would be unfair in relation to other property owners seeking to develop property without access to the Drainage Structure as a means of complying with stormwater runoff regulations. C..m E. Future improvements. The owners of property within the Benefit Area for which the Impact Fee has been paid should neither be specially assessed nor required to pay a charge or fee in conjunction with any future improvements to the Drainage Structure. Section 5. Imposition of fee. After the effective date of this ordinance, any owner of land who seeks to develop property located within the Benefit Area and elects to comply with stormwater run-off regulations through use of a portion of the excess capacity of the Drainage Structure shall be required to pay to the City an impact fee based upon the additional run-off generated by the development of the property (the "Impact Fee"). In recognition of the contribution of the general taxpayers of the City toward payment of the costs associated with maintaining and/or improving the Drainage Structure, the Impact Fee shall be $.12 per cubic foot of additional runoff generated by the development of property within the corporate limits of the City and $.179 per cubic foot of additional runoff generated by the development of property outside the corporate limits of the City. Section 6. Payment of charge. Prior to the development of any tract of land made subject to the Impact Fee as a result of the owner's election to make use of the Drainage Structure, the owner must pay the Impact Fee to the City in a lump sum. For purposes of this ordinance, "development" shall mean either final approval of a subdivision plat by the City, or, if approval of a subdivision plat by the City is not required for any reason, then upon the first to occur of either annexation of the property into the corporate limits of the City or connection to the water or sewer system of the City. The owners of previously platted property located within the Benefit Area may propose a revision to a previously approved drainage plan to provide for use of the Drainage Structure and must pay the Impact Fee upon approval of the revised drainage plan. When the public interest is served by a reasonable delay in payment of the lump sum Impact Fee, however, the governing body may approve an agreement with the owner specifying when the lump sum payment shall be made and any other relevant terms or conditions. Section 7. Future improvements to Drainage Structure. The owners of property within the Benefit Area for which the Impact Fee has been paid shall neither be specially assessed nor required to pay a charge or fee in conjunction with any future improvements to the Drainage Structure. Section 8. Effective date. In accordance with K.S.A. 12-137, this ordinance shall be published once each week for two (2) consecutive weeks in the official city newspaper and shall be effective sixty (60) days after its final publication, unless within sixty (60) days of its final publication a petition signed by a number of electors of the city equal to not less than ten percent (10%) of the number of electors who voted at the last preceding regular city election shall be filed with the county election officer of Saline County demanding that such ordinance be submitted to a vote of the electors, in which case it shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon. { SEAL) ATTEST: (:,Ju D. L g, MC, City Jerk Introduced: January 12, 1998 Passed: January 26, 1998 stin M. Sea n, Mayor