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Show Citizen, Free Press, Review, October 2, 1996 - Page 17 Cedar Hills Town Council agenda Notice is hereby given that the Town Council of Cedar Hills. Utah, will meet in regular session on Wednesday, Oct. 2, 1996 at 6 p.m. in the North Valley Education Center, 947 N. 900 East, American Fork, Utah. The agenda shall be as follows: 1. Call to order. 2. Approval of minutes Pleasant Grove Planning agenda The Pleasant Grove City Planning Commission will hold a Public Hearing on Thursday, Oct. 3, 1996, at 7 p.m. in the Meeting Room at 323 W. 700 South, Pleasant Grove, Utah. The items listed below will be discussed and anyone interested is invited to attend. Item 1 - Bret Wahlen, agent for Smiths Food and Center, Drug requests Site Plan Commercial tor approval property at 700 S. State Street in a CS Zone. ALL CITY. Notice of public hearing before Pleasant Grove City Council On Tuesday, Oct. 15, 1 996, at 7 p.m. in the auditorium of the Library Building, 330 E. Center, the Pleasant Grove City Council will consider the items listed above which may be referred to them by the Planning Commission. Item 2 Bret Wahlen, agent for Smiths and Food Drug Center, requests a Conditional Use Permit to allow for an increase of the sign square footage area, by 200 percent, at 700 S. State Street in a CS Zone. ALL CITY. Item 3 Bud Swenson, agent for All American Development, requests Vicinity. Plan Approval for at 9200 N. 1400 property a in West, RR-Zo- in Published the Pleasant Grove Review Oct. 2, 1996. (one-ha- lf acre lots). Alpine plans public hearing The City Council of Alpine City, Utah, will hold a Public Hearing on Tuesday, Nov. 12, 1996 at Alpine Elementa7 School, 400 E. 300 North, Alpine, Utah, at 6 p.m. for the purpose of receiving input on the Policy for Declaration the Annexation BonnyEardly which is located southeast of Alpine. Information will be available for public inspection at Alpine City Hall, 20 N. Main, Alpine, Utah, during normal business hours, Monday ALPINE CITyI City Recorder Highland sets public meeting is hereby given that a public meeting will be held by the Highland City Council on Thursday, Nov. 7, 1996, at 7:00 p.m. at the Highland City Offices, for purposes of soliciting citizen input in regard to the proposal to sewer the portion of the City which is currently not on a sewer collection State the Engineer following Application(s) to Appropriate or Change Water in Utah in County (Locations SLB&M). Persons objecting to an application must file a Protest stating the reasons for the protest. To have a hearing before the State Engineer, persons must request a hearing in the Protest. Protest must be filed in duplicate with the State Engineer, 1636 W. North Temple, Salt Lake City, Utah 84116, on or before Oct. 22, 1996. (PROTESTS MUST Offices. Winifred in Published the American Fork Citizen Oct. 2, 1996. Jensen City Recorder (2) POD: (1) N 150 E 1765 from S14 Cor, Sec 18, 12 in. well 160 ft. deep (2) S 1210 E 2375 from N14 Cor, Sec 19? T6S, Ft1E, 12 in: well 350 ft. deep. USE: Irrigation: from Mar 15 to Oct 31, total acreage 0.58 acs. Sec 18.T6S, R1E. TO QUANTI- (A70333): Technology, Inc. 6.0 cfs or QUANTITY: 2000.0 ac-f- t SOURCE: Underground Water Wells. POD: (1)N 2660 E 900 from SW Cor, Sec 27, 10 in. well 800 ft. to 1000 ft. deep (2) S 580 E 360 from NW Cor, Sec 33, 20 in. well 800 ft. to 1000 ft. deep (3) N 256 E f07 from SW Cor, 16 in. well (4) S 650 E 1650 from NW Cor, Sec 34, T4S, R1E, 20 in. well 800 ft. to 1000 ft. deep. (One mile NE of Lehi City) USE: (supplemental) Industrial: Industrial Use at POU: Lehi Plant. W12,NW14NE14,SW14S 9 E14 Sec 27; S12.NE14 Sec 28; NE14.N12NW14 Sec33;NW14Sec34,T4S, R1E. The water will be returned to the natural stream or source at a point(s): (1) S 3932 E 1477 fromN14Cor,Sec36,T5S, R1E. TO APPLICATION(S) CHANGE WATER (a20368): 5 j Joseph W. Roberts propose) to change the POD, PQU & USE of water as evidenced by of 5 TY: (a portion ). (a20369): Roberts to change the POD, POU & USE of water as evi6 denced by (a portion 6 W. of HERETOFORE: i RESOLUTION ADOPTING RIGHT-OF-WA- ENCROACHMENT PERMIT AND BOND PROCEDURES WHEREAS, Lehi City Inspection Department is charged with the responsibility of Issuing Right-of-WEncroachment Permits for the purpose of excavating or cutting into City concrete or pavement areas; and the ; WHEREAS, Inspection Department is also responsible for collecting bond fees for the purpose of insuring the proper T QUAN- 2.506 ac-f- t. SOURCE: Underground Water Wells (2). POD: (1) N 150 E 1765 from S14 Cor, Sec 18, 12 in. well 160 ft. deep (2) S 1210 E 2375 from N14 Cor, Sec 19, T6S, R1E, 12 in. well 350 ft. deep. USE: Irrigation: from Mar 1 5 to Oct 31, total acreage 0.58 acs. TITY: Sec 2SE14.NW14SE14 18,T6S,R1E. HEREAFTER: QUANTITY: 2.506 ac-f- t. SOURCE: 6 in. well 100 ft. to 500 ft. deep. POD: (1) S 957 E 750 from NW Cor, Sec 19, T6S, R1E (4 miles S.E. of Saratoga Sp) USE: Irrigation: 2 head of livestock; Domestic: 1 POU: NW14NW14 family. Sec19,T6S, R1E. (a20371): 8 W. Roberts to change the POD, POU & USE of water as ev- idenced by 8 (a portion of HERETOFORE: QUANTITY: 2.506 ac-f- t. SOURCE: Underground Water Wells (2). POD: (1) N 150 E 1765 from S14 Cor, Sec 18, 12 in. well 160 ft. deep (2) S 1210 E 2375 from N14 Cor, Sec 19, T6S, R1E, 12 in. well 350 ft. deep. USE: Irrigation: from Mar 15 to Oct 31, total acreage 0.58 acs. POU: POU: SW14SE14,S12NW14,N 12SW14.SW14SW14.S1 Sec SW14NE14,S12NW14,N 2SE14.NW14SE14 12SW14,SW14SW14,S1 18, T6S, R1E. QUANTIHEREAFTER: TY: 2.506 ac-f- t. SOURCE: 6 in. well 100 ft. to 500 ft. deep. POD: (1) S 1012 E 1093 from NWCor, Sec 19.T6S, R1E (4 miles S.E. of 2SE14.NW14SE14 18J6S, R1E. HEREAFTER: Sec QUANTI- 2.506 ac-f- t. SOURCE: 6 in. well 100 ft. to 500 ft. deep. POO: (1) S 719 E 581 from NW Cor, Sec 19, T6S, R1E. (4 miles S.E. of Saratoga TY: Sp.) Apr USE: Irrigation: from to Oct 31, total acreage 0.50 acs, sole supply 0.50 acs; Stockwatering: of 2 head livestock; Domestic: 1 family. POU: NW14NW14 Sec 19, T6S, 1 R1E. (a20370): Joseph W. Roberts propose) to change the POD, POU & USE of water as evi USE: Sp.) Irrigation: from Apr 1 to Oct 31, total acreage 0.50 acs, Saratoga sole supply Stockwatering: 0.50 acs; 2 head of livestock; Domestic: 1 family. POU: NW14NW14Sec19, T6S.R1E. Robert L. Morgan, P.E. State Engineer 7 tehi approves right Resolution No. SW14NE14,S12NW14,N Joseph Joseph Micron QUANHERETOFORE: TITY: 2.506 ac-f- t. SOURCE: Underground Water Wells (2). POD (1)N 150 E 1765 from S14 Cor, Sec 18, 12 in. well 160 ft. deep (2) S 1210 E 2375 from N14 Cor, Sec 19, T6S, R1E, 12 in. well 350 ft. deep. USE: Irrigation: from Mar 1 5 to Oct 31, total acreage 0.58 acs. 12SW14,SW14SW14,S1 HEREAFTER: R1E. WATER ; ). 12SW14,SW14SW14,S1 2SE14.NW14SE14 USE) APPROPRIATE of (a portion 7 POU: POU: SW14NE14,S12NW14,N Rights. (LEGEND: Point(s) of Diversion POD; Place of Use POU; Nature of Use APPLICATION(S) denced by HERETOFORE: QUANTITY: 2.506 ac-f- t. SOURCE: Underground Water Wells 2.506 ac-f- t. SOURCE: 6 in. well 100 ft. to 500 ft. deep. POD: (1) S 373 E 553 from NW Cor, Sec 19.T6S, R1E. (4 miles S.E. of Saratoga Sp.) USE: Irrigation: from Apr 1 to Oct 31, total acreage 0.50 acs, sole supply 0.50 acs; Stockwatering: 2 head of livestock; Domestic: 1 family. POU: NW14NW14 Sec 19, T6S, LEGIBLE BE WITH A RETURN ADDRESS). These are informal proceedings as per Rule R655-6-- 2 of the Division of Water Executive Session. (closed) 11. Motion of adjourn Executive (closed) Session. 12. Adjournment. in Published the Pleasant Grove Review Oct. 2, 1996. 1996. Therefore, the matter is now Res Judicata. Notice of same is posted in the following locations in Utah County. Utah: Post Office, 55 W. Main, Lehi; Circuit Court, Fourth Judicial District, 125 N. 100 W., Provo, and Smith's twenty-firs- t, Market, 240 West State Road, American Fork. Any further action in this matter by said Defendants will establish prima facia evidence of Trespass on Case. Published in the Lehi Free Press Oct. 2, 9 and 16, 1996. Lehi sets City Council agenda Notice is hereby given that the Lehi City Council will conduct its regularly scheduled Council Meeting on Tuesday, Oct. 8, 1996. at 7 p.m. in the Lehi City il Council Chambers will be held at 6 p.m. in the Lehi City Offices, Administration Conference Room), located at 153 N. 100 East, Lehi, Utah. The agenda shall be as 1. Review agenda. Public hearing 7 p.m. 1. Public hearing for the purpose of receiving comment on the Planning Commission recommendations for Revisions and Redesignation of Lehi City Zoning District Map and certain areas consistent with the Lehi City General Plan and Lehi City Development Code. Regular session 2. Community awards. 2.1 Jan Shelton - Arts Council Director 2.2 Barbara Peterson Youth Council Advisor 3. Consent agenda 3.1 Dale Johnson Council City Request approval to proceed with application for a General Plan Amendment on property located at approximately 850 E. 400 South, prior to the March 1997 semi-annuconsideration date. Published in the Lehi Free Press Sept. 25 and Oct. 2, 1996. of 3.2 Approval Purchase Order List. 4. ActionAdoption of on Planning Ordinance Commission recommendations on Revisions and Redesignation of Lehi City Zoning District Map and certain areas consistent with the Lehi City General Plan and Lehi City Development Code. 5. Carter Gary Proposed widening of 1000 N. 600 East discussion. 6. Engineer report. 7. City business. 8. Adjournment. Connie Ashton Deputy Recorder Published in the Lehi Free Press Oct. 2, 1996. and timely repair of the encroachment; and the WHEREAS, Inspection Department has prepared an Encroachment Permit form, a copy of which is attached hereto and incor- porated by reference herein, which establishes the permit procedures and sets the bond fees both of which are applicable to all parties except public utility companies; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lehi City that the encroachment procedures and bond fees are hereby established adopted as the procedures and fees for encroachment of public Lehi City y within fees and procedures are applicable to all parties except public utility companies. Passed by the City Council of Lehi City this 24th day of September, 1996. William L. Gibbs which Mayor ATTEST: Evelyn Yates City Recorder Published in the Lehi Free Press Oct. 2,1996. 1. Call to order. 2. Discussion of New Development Code. 3. Adjournment. Notxe is hereby given that the Planning Commission of the Town of Cedar Hills, Utah, will hold a work session on Thursday, Oct. 3, 1996 at 10018 N. Pine Court, Cedar Hills, Utah, at 7 p.m. in Published the Pleasant Grove Review Oct. 2, 1996. Notice is issued to water users State Engineer the following Application to Change Water in Utah County (Locations in SLB&M). Persons objecting to an must file a application Protest stating the reasons for the protest. To have a hearing before the State must Engineer, persons request a hearing in the Protest. Protest must be filed in duplicate with the State Engineer, 1636 W. North Temple, Salt Lake City, Utah 84116, on or before Oct. 22. 1996. (PROTESTS MUST BE LEGIBLE WITH A RETURN ADDRESS). These are informal proceedings as per Rule R655-6-- 2 of the Division of Water Rights. (LEGEND: Point(s) of Diversion POD; Place of Use POU; Nature of Use USE) (a20288): Irrigation Co.. Mary Sargent propose(s) to change the POD, POU & USE of water as evidenced by 376, 378, 380, 381, 382, 384, 385. 386, 579, 580, 581,582. 583. HERETOFORE: QUANTITY: 1.0 ac-f- t. SOURCE: Rock and Thistle Clear, Creeks. POD: (1) N 830 W 940 from E14 Cor, Sec 34, Source: Clear Creek (2) S 520 E 1125 from W14Cor, Sec35,T11S, Source: Rock Creek (3) N 850 E 20 from W14 Cor, Source: Thistle Creek (4) S 360 E 990 from N14 Cor, Source: Thistle Creek (5) N 700 E 30 from W14 Cor, Sec 3, Source: Thistle Creek (6) S 1760 E 260, Source: Thistle Creek (7) S 1670 W 1000 from N14 Cor, Source: Thistle Creek (8) N 900 E 400 from W14 Cor, Source: Thistle Creek (9) S 1680 E 30 from NW Cor, Sec 4, Source: Indianola Creaig and Thistle Creek (1) N 165 W 900, Source: Thistle Creek (11) N 100 W 1520 from E14 Cor, Source: Thistle Creek (12) N 1100 E 1450 romW14Cor,Sec5,T12S, R4E, Source: Thistle Creek. USE: Irrigation: from Apr 1 to Oct 31, total acreage 0.25 acs. POU: Sec 34; Sec 35, T11S; Sec 3; Sec 4; Sec 5; Sec 8; Sec 9; Sec 10; Sec 16; Sec21,T12S, R4E. HEREAFTER: QUANTITY: 1 .0 ac-f- t. SOURCE: 6 in. well 100 ft. to 500 ft. deep. POD: (1)N 450 E 1200 from S14Cor,Sec1,T12S,R4E (4 miles East of Indianola) USE: irrigation: from Apr 1 to Oct 31, total acreage 0.13 acs, sole supply 0.13 acs; Domestic: 1 family. POU: SW14SE14 Sec 1, T12S, R4E. Robert L. Morgan, P.E. State Engineer in Published the Pleasant Grove Review on Sept. 25 and Oct. 2, 1996. Am. Fork planners list agenda Notice is hereby given that the American Fork City Planning Commission will meet in regular session on Oct. 2, 1996 in the City Hall, 31 No. Church Street, commencing at 7 p.m. The agenda shall be as follows: Review and action on the Sept. 18, 1996 minutes. 2. Review and action on the preliminary and final plat of the Don Day Subdivision at 50 S. 900 East. 3. Review and action on 1 a site plan for a Chevron Gas and Food Station at 870 E. State Road. 4. Review and action on a site plan for Quality Inns & Suites at 760 S. Utah Valley Drive. 5. Review and action on a site plan for Stewart's R.V. at 11 20 S. 860 East. 6. Site Plan Committee report. a. Discussion of setbacks in mobile home parks including awnings and outbuildings, and also rules for retrofitting. b. Discussion of sewer lines on city connections into the Timpanogos Outfall Line. 7. Other business. 8. Adjournment. Dated this 24th day of September, 1996. J.H.Hadfield Chairman Published American 2, 1996. in Fork Citizen the Oct. American Fork approves ordinance setting building agreements Ordinance No. growth; and AN ORDINANCE AMENDING ORDINANCE NO. AND ESTABLISHING TEMPORARY REGULATIONS PROVIDING FOR ON RESTRICTIONS ZONING ANNEXATION, AND BUILDING PERMIT APPROVALS WITHIN AMERICAN FORK, UTAH, AND THE VOLUNTARY PAYMENT OF INTERIM FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the community of American Fork, Utah, has been experiencing substantial growth pressures, resulting in an increased number of applications or requests for annexation, rezoning and subdivision site approvals; plan approvals for commercial, industrial and institutional developments; and residential building permits; and WHEREAS, American Fork City (also referred to herein as "the City") has undertaken the study and preparation of comprehensive amendments to the City's general plan, including mechanisms or ways to provide adequate public services and facilities necessary to accommodate anticiboth pated future growth commercial, residential, industrial and institutional; and the WHEREAS, American Fork City Council desires to properly address the needs of current and future residents of the City, and to plan for the capital facilities necessary to provide adequate urban services to accommodate anticipated future growth; and WHEREAS, the City is currently involved in litigation challenging the validity of current impact fees which constitute a critical component of financing such ade- quate capital facilities; and the trial court has recently issued a memorandum decision that is adverse to the current City regarding impact fees for water, sewer and parks; and WHEREAS, the City Council is authorized under of The the provisions Use Land Municipal and Development Management Act, specifically Section Code Annotated Utah (1953, as amended), to adopt temporary regulations within the of way resolution Cedar Hills planners hold work session The received City Hall Notice to water users The received Session to discuss purchase of real property. From American Fork Notice system. Additional information can be obtained from the City Offices, or comments can also be left at the City of Default Notice Judgment is hereby given, and the same was entered October third, 1996 A.D. in the matter of Utah County, Utah Superior Court Case No. P473740029, notice of same having been served upon Defendant, September 6 p.m. in Published the American Fork Citizen Oct. 2, 16 and 30 and Nov. 6, 1996. 9. Council reports. 10. Consider motion to enter into Executive (closed) Notice of default judgment follows: through Friday, from 8:30 to 4:30. Janis H. Williams from Aug. 31, 1996 special meeting and Sept. 4, 1996 council meeting. 3. Planning Commission report. 4. Engineer report. 5. Subdivision review and business. 6. Suojanen Annexation approval. 7. Create position for additional clerical staff. 8. Newsletter approval. City prohibiting, restricting, andor regulating development approvals and the erection, construction, reconstruction, or alteration of any building or structure for a period of time not to exceed six (6) months; and WHEREAS, the City Council, on Sept. 10, 1996, found and declared that compelling and countervailing reasons in furtherance of the public interest existed which made it necessary to enact such temporary regulations to allow for the completion of adequate capital facilities and planning in order to profinancing vide adequate capital facilities to accommodate new WHEREAS, that same evening, the City Council thereupon passed Ordinance NO. addressing those issues and imposing a moratorium on annexations, zoning and development approvals in the community of American Fork; Utah; and WHEREAS, the City Council still finds and declares that compelling and countervailing reasons in furtherance of the public interest exist which make it necessary to enact such temporary regulations to allow for the completion of adequate capital facilities in planning and financing order to provide adequate capital facilities to accommodate new growth; and WHEREAS, a review of the moratorium and legal research of legal counsel for the City indicates that a restriction or limitation in the reach and application of the moratorium imposed under Ordinance NO. may be both feasible and practicable if those who continue to be impacted by the moratorium are allowed a method of voluntarily and contractually paying the fees heretofore known and collected as water and sewer connection fees and park impact fees; and WHEREAS, the City Council finds and hereby declares that the moratorium may be so restricted or limited without jeopardizing the interests of the City of American Fork and its residents or the purposes or supporting rationale for the heretofore moratorium imposed; and WHEREAS, the City Council therefore desires to so restrict or limit the reach and application of the moratorium; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF AMERICAN FORK, UTAH, THAT ORDINANCE NO. BE HEREBY AMENDED TO READ AS FOLLOWS: I: TEMPORARY SECTION REGULATION. A temporary regulation is hereby established profinal action and hibiting approval by American Fork City on any new applications for annexation approval and new applications for rezoning filed after Sept. 9, 1996; and applications for building their where permits issuance would create or result in the creation of additional water andor sewer connections or of increased demand for City facilities or services for water, sewer or parks. Any pending annexation petitions or pending applications for rezoning may be approved, at the discretion of the City Council, only if all affected owners sign a form of annexation agreement acceptable to the City voluntarily acknowledging and agreeing to be subject to this temporary regula- and tion adequately issues addressing any affecting the ability of the City to provide adequate capital facilities necessary to the anticipated service development. II: VOLUNTARY SECTION PAYMENT OF INTERIM FEES. In those circumstances where an application for a building permit will create or result in the creation or additional water andor sewer connections or of increased demand for City facilities or services for water, sewer or parks, such applications for a building permit may be approved, at the discretion of American Fork City, only if the applicant enters into an agreement substantially in the form attached hereto and incorporated herein by this reference as Exhibit A, and voluntarily pays the applicable interim impact fees for water, sewer and parks as set forth in Exhibit B, which fees are incorporated by reference as though fully set forth herein. SECTION III: TERM OF ORDINANCE. This Ordinance shall remain in effect until the earlier of (a) six (6) months after of effective the date Ordinance No. or the (b) by adoption American Fork City of an updated and amended capital facilities plan and any mechanisms financing adopted by the City to implement said plan to provide for adequate capital facilities to accommodate anticipated future growth. SECTION IV: ADMINISTRATIVE REVIEW. Any person or entity who claims that he, she, or it has been deprived of vested rights or has been subject to a taking of property without or just compensation, asserts other legal claims or constitutional invalidity due to the passage or application of this Ordinance, shall pursue and obtain a final and authoritative determination by the City Council on said claim, by filing a written request for such a determiwith nation the City before seekAdministrator, ing judicial relief therefor. SECTION V: PENDING ORDINANCE DOCTRINE. It is the opinion of the City Council that an emer- gency condition currently in order to exists and that protect the public health, safety and welfare, and to implement the purposes, goals and objectives of the Council and this City it is necessary Ordinance that the City Council invoke, and it does hereby invoke, the Pending Ordinance Doctrine with regard to this Ordinance as of Sept. 9, 1996. SECTION VI: CONFLICT. To the extent of any conflict between this Ordinance and any other American Fork City ordinance(s) or regulation(s), the provisions of this Ordinance shall be controlling. This Ordinance is not intended to amend or any repeal existing American Fork City ordinance) or regulation(s) other than Ordinance NO. SECTION VII: SEVERABILI- TY. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. If any such section, paragraph, sentence, clause or phrase shall be declared invalid or unconstitutional by the valid judgement or decree of a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any of the remaining sections, paragraphs, sentences, clauses of or this phrases Ordinance. SECTION VII: EFFECTIVE DATE. the opinion of the City Council of American Fork, it is necessary for the immediof the ate preservation peace, welfare, health and safety of American Fork City and the inhabitants thereof that this Ordinance take effect immediately; therefore, this Ordinance shall take effect immediately upon its passage and first publication as provided by law. PASSED AND ADOPTED by the City Council of American Fork City, this 24th day of September, 1996. Jess Green In Mayor ATTEST: Richard M. Colborn City Recorder EXHIBIT A AGREEMENT FOR VOLUNTARY PAYMENT OF INTERIM IMPACT FEES The undersigned applicant ("Applicant") for a building permit from American Fork City ("the City") acknowledges receipt and review of a copy of and Ordinance No. voluntarily agrees to be subject to the terms of this temporary regulation. Applicant understands that the City is currently in the process of updating and amending its capital facilities plan and financing mechanisms to implement said plan in order to provide for adequate capital facilities to accommodate anticipated future growth. Applicant further understands and agrees that the is and has been City involved in litigation chal- lenging the validity of impact fees for water, sewer and parks heretofore assessed by the City in accordance of with the provisions Resolution No. Resolution No. and Ortdinance No. that said impact fees constitute a critical component of financing such adequate capital facilities; and that the trial court a Memorandum issued Decision on Sept. 4, 1996, that is adverse to the City regarding those fees. In consideration of the City's approval of this application for a building permit, Applicant voluntarily agrees to pay interim impact fees in the amount of the total amount of applicable interim impact fees for water, sewer and parks, as set forth in Exhibit B to Ordinance NO. 96-0- 34, which fees are incorporated by reference as though set forth herein. further consideration for this approval by the City, that Applicant agrees Applicant shall be subject to all impact fees which are imposed at the time of issuance of building permits and generally applicable to fully In other building permit applicants in the community of American Fork, Utah, when the future impact fees referenced in the following paragraph hereof are enacted by the City; and Applicant waives any claim with respect to vested property rights, equitable estoppel or other issues regarding the timing of the imposition of such fees. Applicant and the City agree that Applicant will be entitled to a refund, without interest, of any amounts paid pursuant to the terms of this agreement that exceed future impact fees for water, sewer andor parks which are hereafter adopted by City in accordance with the provisions of Utah's Impact Fees Act (Sections et seq Utah Code Annotated (1953, as amended), or at about the end of the moratorium established by Ordinance NO. and its predecessor. Likewise, Applicant and the City agree that Applicant shall pay the additional of any future amounts impact fees adopted by City pursuant to said Impact Fees Act if and to the extent that they exceed the amounts previously paid under the terms of this agreement. the Notwithstanding agreement of Applicant to be subject to impact fees under the conditions as stated above, Applicant does not hereby waive Applicant's rights under Utah's Impact Fees Act to challenge the amount of the impact fees eventually adopted by the City pursuant to the provisions of said Impact Fees Act and applicable ordinances of the City. DATE: APPLICANT: BUILDING INSPECTION DEPARTMENT AMERICAN FORK CITY Exhibit B The Interim Impact Fees payable to American Fork City under any agreement entered into by an Applicant and American Fork City pursuant to the terms and conditions of Ordinance No. (including Exhibit A thereto) shall be as follows: I. Interim Water Impact Fee (including hookup fee): a. One and Two Family Dwellings (Residential): a. $1,550.00 per dwelling unit (34" connection) 2. $1,850.00 per dwelling unit (1" connection) b. Multiple Unit Structures (Residential): $1,550.00 per dwelling on size of meter required by structure, as determined by City Engineer after consultation with development architect; 1. $1,550.00 per connection (34" meter) 2. $1,850.00 per connection (1" meter)' 3. $2,150.00 per connection (1 V4" meter) 4. $2,450.00 per connection (2" meter) 5. To be determined by City Engineer, for meters above 2". II. Interim Sewer Impact Fee (including hookup fee): a. One and Two Family Dwellings (Residential): $1,800.00 per dwelling unit. b. Multiple Family Dwellings (Residential): $1,800.00 per dwelling unit in structureproject c. Commercial Industrial: 1. Unit Single StructuresBuildings: $1,800.00 2. Small Office and Retail StructuresBUILD-ING- S with centralized plumbing and restroom facilities requiring only a 4" lateral and only producing only domestic waste: $1 ,800.00. 3. Multiple Unit IndustrialCommercial StructuresBuildings Mixed Containing Occupancies (as described in Building Code) Each occupancy served by indeand pendent plumbing restroom facilities andor are potentially able to produce industrial class effluent is considered a separate unit and requires a separate connection fee: $1,800.00 per unit. d. Road Surface Restoration Fee: $200.00 (only if Applicant requests that City assume responsibility for restoration of the hard surfacing of a paved street, where installation of laterals requires cutting into the paved street) III. Interim Park Impact Fee: a. One and Two Family Dwellings (Residential): $400.00 per dwelling unit b. Family Multiple Dwellings (Residential): $250.00 per dwelling unit c. Commercial, Industrial or Other $200.00 per acre of land, excluding any territory conveyed to the City for major street or other public purpose. d. Note: Where in the opinion of the City Council, a portion of the territory proposed for, development would be suitable for use or development as a park or recreation site, the City may permit or require the applicant to satisfy the interim park impact fee through the conveyance, in fee, of land to the City. Any funds or land previously conveyed to the City for park or recreation purposes as part of the annexation or development processes shall be considered as a credit towards any fee set forth herein. unit c. Commercial Industrial: Fee varies, depending in Published the Fork Citizen Oct. American 2, 1996. |