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MONA PUBLIC HEARING ON IMPACT FEES • was well attended even if you discount the scouts that attended working on a badge. The City Council will accept written imput until next Tuesday morning, April 27th

Those attending a public hearing concerning the impact fee and exaction schedule were presented with copies of a draft document since the wording was still being fine-tuned by the city attorney.

"Those wanting to submit a written comment on the impact fee and exaction schedule proposed for adoption have until the morning of April 27 to submit their written comments," said Cory Squire, council member over the project.

He said the Tuesday night hearing had been noticed.

The public was also in attendance, however, there was a sentence which needed to be added and the whole document needed to be tweaked to perfection and, therefore, a preliminary draft of the document was reviewed and not the final draft.

All such proposed documents are legally reviewed as drafts until they are adopted.

"We had a concern that we needed to make sure the water was physically delivered to the lot and to make sure that the water quantity would be frequent enough to offset impacts," said Squire.

He and Quinton Kay, council member, struggled with the wording and tried to pinpoint the inset section but, finally, resolved they would leave those determinations to Attorney Phil Lowery.

The final draft should be ready for adoption at the next council meeting to be held April 27.

"Phil Lowery said that would could insert the clarification anywhere," said Squire. "He said the intent was already there, sort of, and that we could add a sentence where we thought that it would fit.'

Squire and Kay penciled in the wording on the draft under subsection "c" which they thought would fit the need of explaining the city council's intent.

"The water share (s) must be physically delivered to the lot (s) and be frequent enough to offset the impact," read the insertion.

Rick Kolsen, council member, said concern he had, which would be addressed by the inserted wording, is that those who buy south field or high line water instead of Mona Irrigation water, would not have the ability to deliver the water to the town system.

The water must be able to be physically delivered to a building lot before a building permit can be issued.

Most of those crowding into the council meeting room were boy scouts representing a troop from one of the wards of the Church of Jesus Christ of Latter-day Saints who were there seeking a merit badge which requires attendance at such a meeting.

"How can you require those building to do something that can't be done?" asked Lynn Bonner, a building contractor.

Water lines would need to be constructed from the point where the share could be acquired to the lot where the water would be used. The infrastructure to assure that delivery would need to be the responsibility of the developer.

In addition, said Kay, the water from the purchase share would need to be of sufficient quantity and be frequent enough to allow the share dedicated to the building lot to actually be used for outside watering purposes so that plantings around the property would not suffer.

Two options for compliance with the water exactions and impact fees were included in the draft ordinance.

One includes impact fees of $734 for storage, $809 for source capacity for a total of $1,543 per ERC and the water exaction of one and one-half acre feet.

The second requires $734 for storage, $809 for source capacity, and $1,001.50 for a water right for a total of $2,544.50 per ERC.

"The owner may pay $1,543 per ERC and also tender one and one-half acre-feet of water," reads the document.

The applicant opting for the requirements of the subsection must file a water right change application with, and by approved by, the state engineer in the amount of one and one-half ace-feet and for a point of diversion adequate to service the building and adjacent property.

The change application must include change of ownership, point of diversion, and nature of use.

However, the tender may be reduced to one-half acre foot if a supplemental secondary source of water is appropriated and approved for use on the property if it is demonstrated by action of the Utah Division of Water Rights which can be used on the property and will be equivalent to one acre-foot.

In that case, the supplemental secondary source will be directly conveyed to the city or dedicated.

The second option requires the owner to pay $2,544.50 per ERC and tender one acre-foot of water.

The owner must file a water right change application with and be approved by the state engineer for a point of diversion adequate to service the building and adjacent property.

The appropriate legal requirements are also included to assure that each potential home-builder understand the steps needed to assure that a building permit will be approved and the needed water will accompany each lot before a building permit is issued.

One of those is that an instrument dedicating the water right or shares to the property must be obtained and that the water right or shares will become attached to the land in perpetuity.

In the case of either direct conveyance or dedication the owner must comply with the Utah division of Water Rights in demonstrating the water right's existence and appurtenance and must also submit a proof map to the city.

That map must be prepared by a registered engineer and must include the quantity and flow, the nature of use, the period of time of use, and the points of diversion and place of use.

In some cases, a home owner's association agreement with the city would make certain that the water is delivered to each lot of the subdivision forever.

"We will have the impact fee and exaction schedule ready for adoption at our next meeting," said Squire.

Meanwhile, those wishing to review the draft document may do so at city hall.