Ordinance 26 of 2012

An ordinance amending sections 18.98.060.E and 18.98.060.F of the Salt Lake City Code, relating to impact fees, and adopting an impact fees facilities plan.

WHEREAS, chapter 18.98 of the Salt Lake City Code (Impact Fees) and chapter 11-36a of the Utah Code govern the preparation and adoption of impact fee facilities plans and impact fee analyses; and

WHEREAS, it is necessary and desirable to adjust the amount of the impact fees shown in the Salt Lake City Consolidated Fee Schedule, and to revise section 18.98.060 (Buildings and Construction: Impact Fees: Exemptions) to eliminate language requiring that impact fee waivers for affordable housing be reimbursed by the general fund; and

WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests.

SECTION 1. Amending text of Salt Lake City Code subsection 18.98.060.E. That subsection 18.98.060.E of the Salt Lake City Code (Buildings and Construction: Impact Fees: Exemptions), shall be, and hereby is, amended to read as follows:

E. The following housing may be exempt from the payment of impact fees, to the following extent:

1. A one hundred percent (100%) exemption shall be granted for rental housing for which the annualized rent per dwelling unit does not exceed thirty percent (30%) of the annual income of a family whose annual income equals sixty percent (60%) of the median income for Salt Lake City, as determined by HUD;

2. A one hundred percent (100%) exemption shall be granted for nonrental housing for which the annualized mortgage payment does not exceed thirty percent (30%) of the annual income of a family whose annual income equals eighty percent (80%) of the median income for Salt Lake City, as determined by HUD;

3. A seventy five percent (75%) exemption shall be granted for nonrental housing for which the annualized mortgage payment does not exceed thirty percent (30%) of the annual income of a family whose annual income equals ninety percent (90%) of the median income for Salt Lake City, as determined by HUD; and

4. A fifty percent (50%) exemption shall be granted for nonrental housing for which the annualized mortgage payment does not exceed thirty percent (30%) of the annual income of a family whose annual income equals one hundred percent (100%) of the median income for Salt Lake City, as determined by HUD.

SECTION 2. Amending text of Salt Lake City Code subsection 18.98.030. That subsection 18.98.030 of the Salt Lake City Code (Buildings and Construction: Impact Fees: Applicability), shall be, and hereby is, amended to read as follows:

The collection of impact fees shall apply to all new development activity in the city unless otherwise provided herein. Until any impact fee required by this chapter has been paid in full, no building permit for any development activity shall be issued. A stop work order shall be issued on any development activity for which the applicable impact fee has not been paid in full.

B. The movement of a structure onto a lot shall be considered development activity and shall be subject to the impact fee provisions, unless otherwise provided herein.

SECTION 3. Amending text of Salt Lake City Code subsection 18.98.040.A.3. That subsection 18.98.040.A.3 of the Salt Lake City Code (Buildings and Construction: Impact Fees: Service Areas), shall be, and hereby is, amended to read as follows:

3. For the purpose of roadway facilities impact fees, the service area shall be all of the incorporated area of the city, including future annexed area.

SECTION 4. Adopting the Impact Fees Facilities Plan. That the city council hereby adopts the Impact Fees Facilities Plan dated April 9, 2012, which plan was prepared by Galena Consulting and is which is available upon request at the office of the Salt Lake City Division of Housing and Neighborhood Development.

Passed by the City Council of Salt Lake City, Utah, this 15^th day of May, 2012.