(a) Term. This chapter and the procedures established herein shall remain in effect unless and until repealed, amended, or modified by Village Council.
(b) Affected Area. Impact Fees are to be imposed on new development proposed within the corporate boundaries of the Village, as they exit now or as changed from time-to-time.
(c) Type of Development Affected. Except as provided in subsection (d) below, this chapter applies to all new development and all revenue producing areas of the development
(d) Type of Development Not Affected; Exemptions. This chapter does not apply to:
(1) No net increase in nonresidential development. No Impact Fee shall be imposed on any new nonresidential development that does not increase the demand for public facilities; this includes, but is not limited to, such non-revenue producing areas of a development such as storage yards, porches without sales area or merchandise displays, and all similar such areas.
(2) Remodeling or improvements. No Impact Fee shall be imposed for remodeling or improvements to an existing structure provided there is no change in use and no net increase in the number of dwelling units or amount of nonresidential floor area.
(3) Replacements. No Impact Fee shall be imposed on the replacement of a destroyed or partially destroyed structure provided there is no change in use and no net increase in the number of dwelling units or amount of nonresidential floor area.
(4) Temporary uses. No Impact Fee shall be imposed on a temporary use, including construction trailers and offices, but only for the life of the zoning permit issued for the construction served by the trailer or office.
(5) Development agreements. No Impact Fee shall be imposed on new development that is the subject of a duly executed and lawful development agreement entered into by an applicant and the Village prior to the effective date of this chapter, which agreement contains provisions in conflict or inconsistent with this chapter, but only to the extent of the conflict or inconsistency.
(6) Governmental uses. Prior to the application for a zoning permit, a local, regional, State or Federal governmental agency or school district may seek an exemption to this chapter by applying to Village Council, who shall review all such exemption applications and shall establish a reasonable basis for the granting or denying of all such requests.
(7) Other uses. No Impact Fee shall be imposed on a use, development, project, structure, building, fence, sign or other activity whether a zoning permit is required, which does not result in an increase in the demand for public facilities.
(8) Non-profit organizations. No Impact Fee shall be imposed on any nonprofit organization (NPO), also known as a non-business entity, not-for-profit organization, or nonprofit institution, or any other legal entity organized and operated for a collective, public or social benefit, in contrast with an entity that operates as a business aiming to generate a profit for its owners.
(9) Extraordinary Economic Development. Village Council may exempt all, or part of, a particular development project from Impact Fees if such project is determined, under the criteria set forth below, to create extraordinary economic development and/or employment growth.
A. The Village hereby establishes a policy to encourage employment growth and economic development in order to provide a balance between jobs and housing, provide adequate income levels for its residents, and to promote balanced and orderly growth. Further, it is the intent of this section to establish a mechanism that removes potential regulatory barriers to the establishment of businesses that provide employment and economic development in the Village, and it is the further specific intent of this section that the waiver provisions contained herein shall not apply to residential developments. The Village specifically desires to review all applications for exemptions on an individual basis and further wants the review and approval process to be fair, consistent, and based on established criteria. Also, the process should ensure the businesses that are granted exemptions provide the benefits recited in this section and the due process rights of all applicants are protected.
B. In order to grant an exemption under this section, Village Council shall:
i. Review the Village Administrator's recommendation and the Finance Committee's recommendation, and shall;
ii. Conduct a public hearing at which the applicant may explain the elements of its application and present any further information that may assist in Village Council's review, and may;
iii. Grant the requested exemption only if Village Council determines:
a. The application fully meets the policies herein established; and
b. The projected employment growth is based on either existing payroll figures or other available evidence that reflects a potential annual payroll that exceeds two and one-half million dollars ($2,500,000.00) and it is recognized that this threshold may be adjusted upward based on an annual Council review; and
c. The value of the exemption or waiver is recovered in twenty-four (24) months based on projected income tax revenues from the development.
iv. Enter into a written contract with the Applicant that requires the Applicant to repay the exempted Impact Fees if the conditions under which the exemption was granted are not fully and timely met.
(Ord. 2022-23. Passed 12-19-23.)