98-9851 Schilling Impact Fee0
(Published in The Salina Journal January, 1998 and February 1, 1998
Effective � .9, 1998)
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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