CHAPTER 82: DEVELOPMENT IMPACT FEES
   82.001   Authorization
   82.002   Purpose and intent
   82.003   Applicability
   82.004   Exemptions
   82.005   Definitions
   82.006   Notice and hearing required for establishing or increasing impact fees
   82.007   Imposition, calculation and collection of impact fees
   82.008   Independent impact analysis
   82.009   Impact fee accounts
   82.010   Use of impact fee proceeds
   82.011   Refunds
   82.012   Audits
   82.013   Appeals
   82.014   Judicial review
   82.015   Variances and exceptions
   82.016   Amendment procedures
   82.017   Credits
   82.018   Conflicts
Cross Reference:
   Benefit Areas, see Tables of Special Ordinances, Table 11.
§ 82.001 AUTHORIZATION
   This chapter is enacted pursuant to the general police power, the authority granted to municipal corporations by the Kentucky State Constitution and KRS 82.082.
(Ord. No. 14-2001, 8-15-01)
§ 82.002 PURPOSE AND INTENT
   This chapter is for the purpose of implementing the city's comprehensive plan (KRS 100.183-100.197) by requiring that new development pay for its fair share of public facilities through the imposition of impact fees that will be used to finance, defray, or reimburse all or a portion of the costs incurred by the city for public facilities that serve such development.
(Ord. No. 14-2001, 8-15-01)
§ 82.003 APPLICABILITY
   Unless expressly expected or exempted, this chapter applies to all fees imposed by the city to finance capital facilities, the need for which is created by new development, including, but not limited to:
   (A)   Sewer development charges;
   (B)   Water development charges;
   (C)   Electric, natural gas, and other utility development charges;
   (D)   Park and recreation expenses;
   (E)   Drainage expenses;
   (F)   Police and fire expenses; and
   (G)   Transportation improvement expenses.
(Ord. No. 14-2001, 8-15-01)
§ 82.004 EXEMPTIONS
   This chapter does not apply to:
   (A)   Taxes and special assessments;
   (B)   Fees for processing development applications;
   (C)   Fees for enforcement of or inspections pursuant to regulatory ordinances;
   (D)   Fees collected under development agreements;
   (E)   Fees imposed pursuant to a reimbursement agreement between the city and a property owner for that portion of the cost of a public facility paid for by the property owner which exceeds the need for the public facility attributable to, reasonably related to, and roughly proportional to the development;
   (F)   Fees to mitigate impacts on the environment; or
   (G)   Fees imposed, levied, or collected by other governmental agencies including subdivisions of the state and federal government.
(Ord. No. 14-2001, 8-15-01)
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