[Ord. No. 1332 §I, 8-18-2010]
This Chapter shall be know as the Transportation Utility Fee Chapter of the City of Mission.
[Ord. No. 1332 §II, 8-18-2010]
Historically the City has not had a dedicated funding source for transportation related improvements aside from special highway funding, which is derived from a State tax on motor vehicle fuel sales and disbursed to municipalities via Counties. The City typically devotes this funding and monies to its Capital Improvement Fund for street and intersection repairs and minor maintenance. Capital Improvement Fund monies, however, can be used for a variety of purposes aside from transportation. A final funding source for roads and highways for the City is the County Assistance Road System (CARS) sponsored by Johnson County, Kansas. These funds are awarded in the form of competitive grants to municipalities in Johnson County on an annual basis. Historically the City has not aggressively budgeted revenues for road maintenance and has instead relied on current local, State and Federal sources in order to finance road construction projects. As these sources tighten and more of the City's road infrastructure ages, the City finds itself with limited options for financing road repairs and maintenance. Although the City considers the maintenance of its streets to be a proprietary function, the expenditures required for aggressive road maintenance are different than those historically budgeted from General Fund revenues.
The cost of road reconstruction far exceeds the cumulative cost of aggressive road maintenance. Current revenue sources available to the City, such as the CARS program and the City's share of special highway funds are addressing the need for elimination of certain hazard locations and minor maintenance. No revenue source exists however to adequately fund full maintenance of the City's streets.
It is anticipated that each City street will receive routine maintenance services every year. In addition, many City streets will receive major maintenance service, such as a chip seal or overlay, within the next several years. Unless these activities are funded, budgeted and appropriated, thereby allowing for adequate maintenance of City streets, the public health, safety and welfare will be seriously jeopardized.
The Council finds the following source document to be generally accepted and reliable for use in implementing the terms of this Chapter: Trip Generation, 8th Edition, published by the Institute of Transportation Administrators ("ITE Manual").
Funds received under this Chapter shall be placed in the City's Transportation Fund to be established, dedicated and used exclusively for street maintenance including, but not limited to, surfacing and resurfacing, curb and gutter maintenance and repair, bridge maintenance and repair, sidewalk maintenance and repair, trail maintenance and repair, transit facility maintenance and repair, bicycle lane maintenance and repair, landscape enhancements along the rights-of-way, street tree replacement and street lighting ("transportation system maintenance items").
The adoption of this Chapter and the levying of charges and fees hereunder are adopted pursuant to the authority contained in the Kansas Constitution, Article XII, Section 5b.
[Ord. No. 1332 §III, 8-18-2010]
A transportation utility is hereby created for the purpose of maintenance of City streets, which includes, but is not limited to, the transportation system maintenance items as defined in this Chapter.
[Ord. No. 1332 §IV, 8-18-2010]
As used in this Chapter, the following means:
- CITY ADMINISTRATOR
- The person appointed by the City to perform the functions of City Administrator or the City Administrator's designee acting under his or her direction.
- CITY STREET OR STREET
- A public road or right-of-way within the City, which is under the jurisdiction or control of the City.
- DEVELOPED PROPERTY OR DEVELOPED USE
- A parcel or legal portion of real property on which an improvement exists or has been constructed. Improvement on developed property includes, but is not limited to, buildings, parking lots, landscaping and outside storage.
- FINANCE DIRECTOR
- The person appointed by the City to perform the functions of Finance Director.
- GROSS SQUARE FOOTAGE
- The calculation of the area of all structures, located on a site, measured along the exterior walls of such structures and including, but not limited to, enclosed courtyards and stairwells, but not including fences and parking areas that are not enclosed within a building.
- MULTI-FAMILY RESIDENTIAL PROPERTY
- Residential property consisting of more than three (3) separate living units or spaces.
- A use of property that is primarily not for personal, domestic accommodation, however includes, but is not limited to, industrial and commercial uses.
- PUBLIC WORKS DIRECTOR
- The person appointed by the City to perform the functions of Public Works Director or the Pubic Works Director's designee acting under his or her direction.
- RESIDENTIAL PROPERTY
- A use of property which is primarily for personal, domestic accommodation, including single-family, multi-family residential property and group homes, but not including hotels and motels.
- SINGLE-FAMILY RESIDENTIAL
- Residential property consisting of single-family homes and detached duplexes and triplexes.
- TRIP GENERATION
- The average number of vehicle trips as determined by reference to the ITE Manual.
- USE CATEGORY OR CATEGORY OF USE
- The Code number and resulting trip generation estimate determined with reference to the ITE Manual and applicable to a particular developed property.
[Ord. No. 1332 §V, 8-18-2010]
Except as provided in Subsection (B) of this Section, the City Administrator shall be responsible for the administration of this Chapter. The City Administrator shall be responsible for developing administrative procedures for the ordinance, administration of fees and consideration and assignment of categories of use subject to appeal as set forth in Section 145.110 below.
The Public Works Director shall be responsible for developing and maintaining street maintenance programs for the maintenance of City streets and, subject to City Council approval, allocation and expenditure of budget resources for the transportation system maintenance items in accordance with this Chapter.
[Ord. No. 1332 §VI, 8-18-2010]
All funds collected pursuant to this Chapter shall be allocated to the City's Transportation Fund. The portion of the Transportation Fund that represents the fees collected during a given year, fees carried over from prior years and investment earnings from the fees shall be used to operate and administer the City's street maintenance program, which includes the transportation system maintenance items. The fees paid and collected shall be reasonably related to the cost of providing the transportation system maintenance items and shall generate revenues that are required to provide the transportation system maintenance items. To the extent that transportation utility fees collected are insufficient to properly maintain local streets, the cost may be paid from such other non-dedicated City funds as may be allocated by the City Council, but the City Council may direct the reimbursement to such fund if additional fees are collected. All amounts on hand in the Transportation Fund, including those collected pursuant to this Chapter, may be invested by the Finance Director in accordance with Kansas law. Earnings from such investments shall also be dedicated to the Transportation Fund.
It shall not be necessary that the operations, administration and maintenance expenditures from the Transportation Fund for the transportation system maintenance items specifically relate to any particular property from which the fees for such purposes were collected. The fees shall not be used for other governmental or proprietary purposes of the City, except to pay for an equitable share of the City's accounting, management and other governing costs, incident to operation of the street maintenance program. Otherwise the fees and charges shall be used solely to pay for the cost of transportation system maintenance items and the costs of the administration of the Transportation Fund and administration, maintenance, repair, improvement, renewal, replacement and reconstruction of City streets and related facilities and the actual costs of operation of street lights.
[Ord. No. 1332 §VII, 8-18-2010]
The transportation utility fee is imposed and levied upon the owners of all developed property within the City. The fee shall be based on the direct and indirect use of or benefit derived from the use of public streets, bicycle lanes and sidewalks generated by the developed property.
[Ord. No. 1354 §1, 9-28-2011]
Real property exempt from taxation pursuant to K.S.A. 79-201, as from time to time amended, shall be exempt from payment of the transportation utility fee.
[Ord. No. 1332 §VIII, 8-18-2010]
The transportation utility fee shall be based on the following factor:
The developed use of the property which includes the amount of vehicular traffic generated by the property, as determined by the City Administrator.
For non-residential uses the developed square footage on the property or parcel.
The traffic generation factor for each use category of developed property.
The City Administrator shall determine the category of use from the ITE Manual that shall apply to each developed lot or parcel within the City. In the absence of a specific use category from within the ITE Manual for a particular developed use, the City Administrator shall determine the appropriate category by interpreting the ITE Manual and assigning the category which most accurately reflects the traffic generated by the particular developed use. After determining the appropriate use category for a developed parcel, the City Administrator shall use the estimated vehicle trip generation figures for the assigned use category from the ITE Manual to compute an estimate of annual trips related to the parcel and assign the parcel to a group of similarly used properties ("customer group"). The customer groups are as follows:
For purposes of examining uses not explicitly listed in the ITE manual and thereby determining the appropriate category of use, the City Administrator shall consider at least the following factors as well as any other relevant information:
The size of the site and the building;
The number of employees;
Other developed sites operated by the same or an affiliated owner for a use generating comparable amounts of traffic;
Other developed sites operated by a different owner for a use generating comparable amounts of traffic;
The number of work shifts;
The number of hours of operation; and
The zoning district designation.
The City Administrator may require and consider the results of a traffic study, provided such study shall be conducted in conformance with the methodology outlined in the ITE Manual and, provided further, such study shall include on-site traffic counts not less than twice nor more than four (4) times during the year immediately following the beginning of operation on site. In furtherance of this rule the City Administrator may assign a use category and customer group on an interim basis.
The charges to be assessed and paid by the occupant for the transportation utility fee shall be as fixed from time to time in the City's annual budget.
[Ord. No. 1332 §IX, 8-18-2010]
The transportation utility fee shall be billed and collected with ad valorem real estate taxes annually.
[Ord. No. 1332 §X, 8-18-2010]
The City Administrator has the initial authority and responsibility to interpret all terms, provisions and requirements of this Chapter and to determine the appropriate charges thereunder. A property owner or their agent desiring an interpretation or other examination of the property owner's transportation utility fee shall submit a written application to the City Administrator. The application shall be submitted in sufficient detail to enable the City Administrator to render an interpretation. The City Administrator may require additional information, including an engineering study prepared by a licensed professional engineer in conformance with the methodology outlined in the ITE Manual, to be submitted by the applicant before an interpretation is given.
Within thirty (30) days of the submission of an application for interpretation together with the required information, the City Administrator shall cause a final decision to be made on the application. The decision shall be written and shall include findings of fact and conclusions for the particular aspects of the decision, based upon applicable criteria. A copy of the decision shall be mailed to the person submitting the request. Decisions of the City Administrator which affect the amount of fee to be charged to a property shall be forwarded to the Finance Director. Except as provided under Section 145.110 below, the decision of the City Administrator is final.
If the decision of the City Administrator affects the category of use and the customer group of the property owner requesting the interpretation, the City Administrator shall either assign a new use category or customer group or determine the current use category or customer group is proper. If a change in use category or customer group is assigned, the Finance Director shall be notified so that appropriate change may be made in the applicable fee to be charged in the future. No back charges or refunds shall be allowed.
[Ord. No. 1332 §XI, 8-18-2010]
Any owner who disputes any interpretation given by the City pursuant to Section 145.100 of this Chapter may appeal such interpretation, but only in accordance with this Section. The Mayor shall appoint annually a Transportation Utility Appeal Board comprised of a City Council member, Planning Commissioner and City staff member (the "Board") to hear appeals. Failure to appeal an interpretation made under this Chapter within the time and in the manner provided shall be sufficient cause to deny the relief requested.
An owner who disputes an interpretation made by the City Administrator as to the assigned category of use or customer group under this Chapter shall submit a written appeal to the City Clerk within ten (10) days from the date of the City Administrator's decision, together with a filing fee in the amount indicated in the City's schedule of fees available in the office of the City Clerk. The application for appeal shall specify the reasons therefor and include an engineering study prepared by a licensed professional engineer in conformance with the methodology outlined in the ITE Manual. Appeals shall be limited to the issue of whether the appropriate use category or customer group has been assigned to the particular property.
The City Administrator shall schedule the matter for Board review and notify the appellant not less than ten (10) days prior to the date of such Board review. The Board shall conduct a hearing during a public meeting and determine whether there is substantial evidence in the record to support the interpretation given by the City Administrator. The Board may continue the hearing for purposes of gathering additional information bearing on the issue. The Board shall make a tentative oral decision and shall adopt a final written decision together with appropriate findings in support. The decision of the Board with respect to the use category shall be limited to whether the appellant has been assigned to the appropriate use category. If the Board should determine that a different use category and customer group should be assigned, it shall so order, provided no refund of prior transportation utility fees shall be given. Only where the Board decision results in a change in use category and customer group will the filing fee on the appeal be refunded. The Board decision shall be final.
[Ord. No. 1332 §XII, 8-18-2010]
The purpose of this Section is to provide standards for determining the appropriate use category and customer group in cases where distinct uses share or utilize common facilities such as walkways, driveways or parking areas and thereby reduce the number of trip destinations for traffic which is generated.
The following definitions apply to this Section:
- MIXED USES
- A single parcel or property with more than one (1) distinct use and where, if located on separate parcels without any shared amenities, such as walkways, driveways or parking areas the uses would be assigned to distinct use categories. Mixed uses will generally consist of retail shopping centers with more than one (1) tenant in either shared or separate leasable spaces and shared or common areas, such as walkways, on site traffic areas and parking. Mixed uses will generally contain a single water meter and sewer utility service.
- RELATED PROPERTIES
- More than one (1) parcel or property with at least one (1) common boundary, where the uses on such properties would be assigned to distinct use categories if the uses did not share common driveways, walkways or parking areas and whose orientation is designed to reduce the number of trip destinations. Related properties may have more than a single water meter and sewer utility service.
The method of apportioning the transportation utility fee bill for mixed uses and related properties shall be determined as follows:
The total area of all buildings, measured at exterior walls, will first be calculated.
All appropriate use categories directly relevant to the parcel(s) in question will be determined.
The percentage area of the parcel(s) dedicated to each use category shall be calculated, the sum of which shall not exceed the total area measured in paragraph (1) of this Subsection.
The annual trips for each use category shall be calculated using the area measurements calculated in paragraph (3) of this Subsection.
[Ord. No. 1332 §XIII, 8-18-2010]
The following policies shall apply to the operation and scope of this Chapter:
City-owned parking lots, which are not associated with public services other than parking, shall not be subject to the transportation utility fee as they do not generate traffic in and of themselves.
Publicly owned park land, open spaces and greenways shall not be subject to the transportation utility fee unless public off-street parking designed to accommodate the use of such areas is provided.
Areas encompassing railroad and public right-of-way shall not be subject to the transportation utility fee.
Use categories within the ITE Manual shall be determined by reference to weekday average trip generation rates.
For non-residential developed uses of property which the ITE Manual analyzes according to acreage rather then square footage, the City Administrator shall convert the ITE Manual trip generation rates to a square footage calculation and assign the appropriate customer group and transportation utility fee. If conversion to a square footage calculation is not practical, then the City Administrator may assign a special trip generation rate for an individual parcel.
Building area shall be multiplied by the number of stories designed for developed use.
Transportation utility fees imposed under this Chapter shall apply to all developed property, including developed property owned by local, State, Federal Governments as well as property which may be entitled to exemption from or deferral of ad valorem property taxation.
A developed property which undergoes a change in use shall continue to be responsible for fees imposed by this Chapter. Upon learning of the change in use and determining that a different use category and customer group applies to the developed property, the City Administrator shall determine and assign the appropriate use category and customer group and fee. Nothing contained herein shall be construed as a waiver of the City's right and responsibility to charge and collect the transportation utility fee in accordance with correct information concerning the developed property.
The City Administrator is authorized and directed to review the operation of this Chapter and where appropriate recommend changes thereto in the form of administrative policies for adoption by the City Council by resolution. Administrative policies are intended to provide guidance to property owners, subject to this Chapter, as to its meaning or operation, consistent with policies expressed herein. Policies adopted by the Council shall be given full force and effect and unless clearly inconsistent with this Chapter shall apply uniformly throughout the City.
[Ord. No. 1332 §XIV, 8-18-2010]
The City Administrator or his/her designee is authorized to enter upon private property for purposes of conducting any studies or collecting information bearing upon the determination of the appropriate use category or transportation utility fee in accordance with this Chapter.