1194.04 PROCEDURES FOR IMPOSITION, CALCULATION, REIMBURSEMENT, CREDIT, AND COLLECTION OF IMPACT FEES.
   (a)    In General. The Village Administrator must notify the applicant of the applicable
Impact Fee requirements, including applicable service charges, at the time of application for a zoning permit on a form provided by the Village. The Village Administrator must calculate the applicable impact fee at the time of application for a zoning permit. The Village may not issue a zoning permit until the applicant has paid all impact fees due pursuant to this chapter.
   (b)    Non-binding Impact Fee Estimate. An applicant may request a non-binding estimate of Impact Fees due for a particular new development at any time by filing a request on a form provided for such purpose by the Village; provided, however, that such estimate may be subject to change when a formal application for a zoning permit for new development is made. Such non-binding estimate is solely for the benefit of the prospective applicant and in no way binds the Village or precludes it from making amendments or revisions to any provisions of this chapter or the specific impact fee implementing ordinances. No vested rights, legal entitlements, or equitable estoppel accrue by reason of a non-binding estimate. A non-binding fee estimate does not constitute a final decision and may not be appealed.
   (c)    Calculation.
      (1)    Upon receipt of an application for a zoning permit, the Village Administrator must determine:
         A.   Whether the proposed new development constitutes a residential or nonresidential use;
         B.   The specific category of residential or nonresidential development; and
         C.   The amount of additional square feet of nonresidential gross floor area or the number of additional dwelling units associated with the proposed use.
      (2)    If the application for a zoning permit involves a change in zoning district, the Impact Fee must be calculated upon the incremental increase in the public facility capacity created by the proposed change in zoning district.
      (3)    After making these determinations, the Village Administrator must calculate the applicable Impact Fee by multiplying the number of dwelling units or amount of nonresidential floor area proposed by the amount of the applicable Impact Fee per unit of development, incorporating any applicable exemptions or credits.
      (4)    If the type of land use proposed for new development is not expressly listed in this Chapter and Impact Fee schedule, the Village Administrator, in consultation with other Village staff and consultants, as necessary, must:
         A.    Identify the most similar land use type listed and calculate the Impact Fee based on the Impact Fee for the land use identified;
         B.    Identify the broader land use category within which the specified land use would apply and calculate the Impact Fee based on the Impact Fee for that land use category; or
         C.    As appropriate, determine the basis used to calculate the Impact Fee pursuant to an independent impact analysis pursuant to subsection (d) below.
         D.    The Village Administrator's determination must be based on a generally accepted land use classification system (e.g., the North American Industry Classification System, the Land-Based Classification Standards, and/or ITE' s Trip Generation Manual) and the methodology report.
      (5)    The calculation of Impact Fees due from a multiple-use new development must reflect the aggregated demand for each public facility generated by each land use type within the proposed new development.
      (6)    The calculation of Impact Fees due from a phased new development must reflect the demand generated by each specific land use within the phase of development for which a separate zoning permit is requested.
      (7)    Impact fees must be calculated based on the Impact Fee amount in effect at the time of application for a zoning permit.
   (d)    Independent Impact Analysis. If the applicant believes the Impact Fee calculations are in error or would violate a right that is protected by either the State or Federal constitutions, the applicant shall conduct an Impact Fee analysis. The following provisions shall apply to any independent impact analysis:
      (1)    The applicant is responsible, at its sole expense, for conducting and preparing the independent impact analysis, which must be reviewed for approval by the Village Administrator prior to payment of the fee.
      (2)    The independent impact analysis must measure the impact that the proposed new development will have on the specific public facility at issue, must be based on the same methodologies used in the methodology report, and must be supported by professionally acceptable data and assumptions.
      (3)    Within sixty (60) days of submittal of the independent impact analysis, the Village Administrator must provide written notice to the applicant as to whether the analysis is accepted or rejected based on the provisions of this section. If the independent impact analysis is rejected, the written notice must provide an explanation of the insufficiencies of the analysis.
      (4)    The final decision of the Village Administrator may be appealed to Village Council. The filing of an appeal does not stay the imposition, or the collection of the Impact Fee as calculated by the Village Administrator unless a cash bond or other sufficient surety has been provided to the Fiscal Officer. The Fiscal Officer shall hold the bond or surety pending outcome of all available appeals. If the appeal is accompanied by a cash bond or other sufficient surety, in an amount equal to the Impact Fee calculated to be due, a zoning permit may be issued pending resolution of the final appeal.
   (e)    Reimbursements and Credits.
      (1)    Eligibility for a reimbursement. The Village may enter into a development agreement with an applicant, which provides for the reimbursement of Impact Fees in exchange for the dedication or construction of public facilities made necessary by a proposed new development. The Village may reimburse Impact Fees already paid only for the type of facility dedicated or constructed by the applicant. Reimbursements must be made from the Impact Fee Fund. No Impact Fee may be reimbursed for a proffered public facility unless:
         A.    It is included in the Village's capital and operating budgets, capital improvement plan, or the methodology report; or
         B.    It adds public facility capacity made necessary by and to be provided for the roughly proportionate benefit of new development.
      (2)    Additional provisions.
         A.    In order to be eligible for a reimbursement, the applicant must receive approval by the Village pursuant to the provisions of this chapter, prior to the issuance of a zoning permit.
         B.    The Village shall not reimburse the applicant in an amount exceeding the amount of the Impact Fee due pursuant to this chapter.
         C.    The Village shall not reimburse the applicant until a proffered land dedication is finalized or the construction project is at least fifty percent (50%) complete. Reimbursement may then occur based on the percent completion of the project on a pro rata basis.
         D.    If an applicant proposes to dedicate or construct public facilities valued at an amount greater than the amount of the Impact Fee due, then the development agreement may provide for reimbursements to the applicant by future developers of costs incurred over and above those reimbursed by the Village.
      (3)    Procedures for reimbursements.
         A.    Application made to the Village Administrator. Applications for an agreement by the Village to provide a reimbursement upon completion of certain work by the applicant must be made on a form provided by the Village. The application must be accompanied by a proposed development agreement developed through coordination with Village staff. Upon receipt of a complete application an proposed development agreement, the Village Administrator and other appropriate staff and/or consultants must review the application and proposed development agreement, as well as such other information and evidence as may be deemed relevant. The Village Administrator must forward a recommendation report stating whether a reimbursement is proper, based on the provisions of this chapter, to Village Council. The Village Administrator's recommendation report shall assume that upon completion of the work by the applicant as set forth within the proposed development agreement the same will comply in all material ways with the proposed development agreement and Village standards.
         B.    Village Council. Based on the Village Administrator's recommendation report, the provisions of this chapter, the capital improvement plan, comprehensive plan, adopted Village budget, and the methodology report, Village Council shall make a final decision to accept, reject, or accept with conditions the proposed reimbursement and proposed development agreement.
         C.    Appeals. Appeals from the final decision of Village Council shall be made to the Court of Common Pleas of Pickaway County. The filing of an appeal does not stay the imposition or the collection of the Impact Fee as calculated by the Village Administrator unless a cash bond or other sufficient surety has been provided to the Fiscal Officer. The Fiscal Officer shall hold the bond or surety pending outcome of all available appeals. If the appeal is accompanied by a cash bond or other sufficient surety, in an amount equal to the Impact Fee calculated to be due, a zoning permit may be issued pending resolution of the final appeal.
      (4)    Calculation of the value of dedication or construction. The amount of the reimbursement to be paid by the Village is to be calculated as follows:
         A.    Construction of facilities and provision of equipment. The reimbursement must be equal to the actual cost of construction or equipment as evidenced by receipts and other sufficient documentation or the amount of Impact Fees due pursuant to this chapter, whichever is less.
         B.    Dedication of land. At the option of the applicant, the reimbursement is to be based on either the assessed value of the proffered land, based on the most recent County property appraisal, or the fair market value of the land as determined by a certified property appraiser hired and paid for by the applicant. If the latter option is chosen and the Village rejects the applicant's appraisal, the Village may hire and pay for a second appraiser to appraise the property. If either party rejects the second appraisal, a third appraisal may be performed by an appraiser chosen by the first and second appraisers, the costs of which are to be shared equally by the Village and the applicant. The third appraisal is binding on both parties. All appraisals must be consistent with generally accepted appraisal techniques and the date of valuation must be the date of transfer to the Village.
      (5)    Development agreement requirements. No reimbursement may be made except pursuant to an executed development agreement between the Village and the applicant, which must include, but is not necessarily limited to; the following:
         A.    The estimated cost of the public facility to be constructed or dedicated, based on the provisions of this chapter;
         B.    A schedule for the initiation and completion of the construction of a public facility;
         C.    The amount of the Impact Fees to be reimbursed by the Village to the applicant;
         D.    The schedule for making reimbursement payments to the applicant, based on the provisions of this section;
         E.    Provision for reimbursements to the applicant by future developers of costs incurred over and above those reimbursed by the Village pursuant to this section;
         F.    The applicant's agreement to construct all public facilities in accordance with Village specifications and all regulations set forth in the Codified Ordinances; and
         G.    Such other terms and conditions as deemed necessary by the Village.
      (6)    Transfer and assignment. The reimbursement may be paid only to the original applicant or the applicant's legal successor in interest with a contractual right to the reimbursement.
      (7)    Eligibility for credits for excessive dedication or construction. An applicant may be given a credit against an Impact Fee upon demonstration that, after the date of this chapter, a public facility was dedicated or constructed by the applicant with sufficient excess capacity to offset the impacts of the applicant's proposed new development. For a credit to be accepted, the applicant must demonstrate the dedicated or constructed public facility will reduce the overall need for public facilities and the applicant has secured a contractual right to an allocation of the excess capacity equal to the total or any portion of the Impact Fee owed by the applicant. Any approved credit must be consistent with the adopted Village budget, capital improvement plan, comprehensive plan, and the methodology report.
      (8)   Procedures for credits.
         A.    Application made to the Village Administrator. Applications for a credit must be made on a form provided by the Village. The application must be accompanied by a development agreement executed after the effective date of this chapter, which demonstrates that excess public facility capacity has been provided by the applicant, which will provide a roughly proportionate benefit to the new development proposed by the applicant. Upon receipt of a complete application, the Village Administrator, and other appropriate staff and/or consultants must review the application, as well as such other information and evidence as may be deemed relevant. The Village Administrator must forward a recommendation report stating whether a credit is proper, based on the provisions of this chapter, to Village Council. The Village Administrator's recommendation report shall assume that upon completion of the work by the applicant as set forth within the proposed development agreement the same will comply in all material ways with the proposed development agreement and Village standards.
         B.    Village Council. Based on the Village Administrator's recommendation report, the provisions of this chapter, the capital improvement plan, comprehensive plan, adopted Village budget, and the methodology report, Village Council must make a final decision to accept, reject, or accept with conditions the proposed credit and proposed development agreement.
         C.    Appeals. Appeals from the final decision of Village Council shall be made to the Court of Common Pleas of Pickaway County. The filing of an appeal does not stay the imposition, or the collection of the Impact Fee as calculated by the Village Administrator unless a cash bond or other sufficient surety has been provided to the Fiscal Officer. The Fiscal Officer shall hold the bond or surety pending outcome of all available appeals. If the appeal is accompanied by a cash bond or other sufficient surety, in an amount equal to the Impact Fee calculated to be due, a zoning permit may be issued pending resolution of the final appeal.
   (e)    Collection. The Village must collect all Impact Fees and service charges in the amounts set forth in this chapter at the time of application for a zoning permit and must issue a receipt to the applicant for such payment unless:
      (1)    The applicant is not subject to the payment of an Impact Fee; or
      (2)    The applicant has filed an appeal and the appeal is accompanied by a cash bond or other sufficient surety, in an amount equal to the Impact Fee calculated to be due.
         (Ord. 2022-23. Passed 12-19-23.)