Ordinances-2006-278

TIFFIN ORDINANCE NO. 2006-278 AN ORDINANCE GOVERNING THE RECOUPMENT OF FEES FOR USE OF CITY RESOURCES BE IT ORDAINED, the City Council of the City of Tiffin, Iowa, that it does hereby adopt the following ordinance for the purposed of recoupment of costs associated with new developments within the City of Tiffin in a just and equitable manner: Sec. 1. PURPOSE. The purpose of this chapter is to regulate the use and development of land to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public capital facilities in the City. This must be done in order to promote and protect the public health, safety, and welfare of the citizens and to expand the City's capital facilities to maintain current standards. This chapter also intends to assist in the implementation of the land use plan and capital improvements plan. Sec. 2. DEFINITIONS. For use in this chapter, the following terms are defined. 1. "Developer" means any person applying for preliminary plat, the construction of which will affect public capital facilities. 2. "Public capital facility" means all City facilities as set forth in the capital improvements plan for the City, any City enterprise or public improvement as set forth in Chapter 384.24(2) or 384.37(1) of the Code of Iowa, or as designated by resolution. Section 3: IMPOSITION OF RECOUPMENT FEE. Any person who seeks approval of a preliminary plat in the City by applying for an approval of the plat by the City shall pay a recoupment fee in addition to the set preliminary plat rate schedule. The Council and the developer as a part of the subdivider's agreement shall fix the amount of the fee. The City shall consider and adopt any subdivider's agreement in conjunction with consideration and approval of the preliminary plat. The Council should consider the following in determining an equitable recoupment fee: 1. The cost of existing public capital facilities affected by the application;