The village of Folsom’s governing authority may impose an impact fee on new development, but only through an ordinance, after voter approval, and only at a level tied to the development’s direct impacts.
PART XI. IMPACT FEES §3091. Impact fees; village of Folsom A. The governing authority of the village of Folsom is authorized to impose an impact fee on any new development within the corporate limits of the village in order to finance capital improvements or facility expansions necessitated by or attributable to such new development. B. The following terms whenever used or referred to in this Section shall have the following meaning unless a different meaning is clearly indicated in the context: (1) "Capital improvement" means any of the following facilities that have a life expectancy of ten or more years and are owned and operated by or on behalf of the village of Folsom: (a) Water supply production, treatment, and distribution facilities. (b) Waste water collection, treatment, and disposal facilities. (c) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and any local component of state and federal highways. (d) Storm water collection, retention, detention, treatment, and disposal facilities and flood control facilities. (e) Public safety facilities, including police, fire, emergency medical, and rescue facilities. (f) Parks, open space, and recreation areas. (g) Libraries and related facilities. (2) "Capital improvement plan" means a plan that identifies capital improvements or facility expansions for which an impact fee may be assessed. (3) "Facility expansion" means the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. The term shall not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. (4) "Impact fee" means a charge or assessment imposed in order to generate revenue for funding and recouping the costs of capital improvements or facility expansions necessitated by or attributable to new development. (5) "New development" means the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of a building or structure, any change in the use of a building or structure, or any change in the use of land, any of which creates additional demand and need for capital improvements. C.(1) The impact fee authorized by this Section shall be imposed by ordinance of the governing authority of the village of Folsom. However, the ordinance imposing the fee shall be adopted by the governing authority of the village only after the question of the imposition of the fee has been submitted to the qualified electors of the village of Folsom at an election conducted in accordance with the election laws of the state, and a majority of those voting on the proposition have voted in favor of the imposition of the fee. (2) Any ordinance adopted pursuant to this Subsection shall quantify the reasonable impacts of the proposed new development on existing capital improvements and establish the impact fee at a level no greater than necessary to defray such impacts directly related to new development. No impact fee shall be imposed to remedy any deficiency in capital improvements that exists without regard to proposed new development. D.(1) Prior to the adoption of an ordinance pursuant to Subsection C of this Section, the governing authority of the village shall adopt a capital improvement plan. The governing authority shall use a qualified professional to assist in the preparation of such plan and the calculation of the impact fee. (2) Upon completion of the capital improvement plan, and prior to its adoption pursuant to Paragraph (1) of this Subsection, the governing authority of the village shall schedule and publish notice of a public hearing to discuss the adoption of the capital improvement plan and imposition of the impact fee. E. For the purpose of providing capital improvements or facility expansions pursuant to this Section, the governing authority of the village is authorized to enter into cooperative endeavors and intergovernmental agreements with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual. F. Nothing in this Section shall be construed to prohibit the governing authority of the village from providing a waiver or refund of any impact fee imposed pursuant to this Section. Acts 2006, No. 709, §1, eff. June 29, 2006.