(A) Collection. Development impact fees, together with administrative charges assessed pursuant to division (A)(6) of this section, shall be calculated and collected prior to issuance of permission to commence development; specifically:
(1) Unless otherwise specified pursuant to a Development Agreement adopted pursuant to § 154.12, development impact fees shall be paid prior to issuance of a building permit according to the current development impact fee schedule for the applicable service area(s).
(2) If a building permit is not required for the development, but utility connections are required, development impact fees due shall be paid at the time the utility service connection is purchased. If only a wastewater connection is required, the development impact fees shall be paid prior to approval of a connection to the sewer system.
(3) If the development is located in a service area with a stormwater, drainage, and flood control development impact fee, and neither a building permit, or utility service connection is required, the storm drainage development impact fee due shall be paid at the time a notice is issued to the developer.
(4) No building permit, utility connection, or certificate of occupancy shall be issued if a development impact fee is not paid as directed in the previous divisions.
(5) If the development is for a change in the type of building use, an increase in square footage, a change to land use, or an addition to a residential or non-residential point of demand to the utility systems, the development impact fee shall be assessed on the additional service units resulting from the expansion or change, and following the development impact fee schedule applicable to any new use type. Water development impact fees shall be based on the meter size required for the development.
(6) To the extent that any modification does not meet the requirements of this division, the development impact fee due shall be the difference between the development impact fee that was or would have been due on the existing development and the development impact fee that is due on the development as modified.
(7) If the development is not substantially completed, development impact fees paid for such development can be refunded.
(8) If a new or renewed application for the same development is being sought by someone other than the original applicant, the new applicant shall pay the full development impact fees specified in the fee schedule in effect at the time that the application is made. If the original applicant has assigned its rights under the application to a new applicant, the new applicant shall pay the difference between any development impact fees paid and those in the fee schedule at the time of the new application. Exceptions: development impact fees shall not be owed under either of the following conditions:
(a) Development impact fees have been paid for the development and the permit(s) which triggered the collection of the development impact fees have not expired or been voided.
(b) The approval(s) that trigger the collection of development impact fees involve modifications to existing residential or non-residential development that do not: (a) add new EDUs; (b) increase the impact of existing EDUs on existing or future capital facilities; or (c) change the land-use type of the existing development to a different category of development for which a higher development impact fee would have been due. To the extent that any modification does not meet the requirements of this division, the development impact fee due shall be the difference between the development impact fee that was or would have been due on the existing development and the development impact fee that is due on the development as modified.
(B) Temporary exemptions from development impact fee schedules. New master planned developments with multiple new homes shall be temporarily exempt from increases in development impact fees that result from the adoption of new or modified development impact fee schedules as follows: for 24 months after the first building permit is issued. During the effective period of the applicable development impact fee schedule, any building permit issued for the same development shall not be subject to any new or modified development impact fee schedule.
(C) Other development. Any category of development not covered under division (B) of this section shall pay development impact fees according to the fee schedule that is current at the time of collection as specified in division (A) of this section.
(D) Changes to site plans and subdivision plats. Notwithstanding the other requirements of this section, if changes are made to a development's final site plan or subdivision plat that will increase the number of service units after the issuance of a grandfathered development impact fee schedule, the town may assess any new or modified development impact fees against the additional service units. If the town reduces the amount of an applicable development impact fee during the period that a grandfathered development impact fee schedule is in force, the town shall assess the lower development impact fee.
(E) Option to pursue special fee determination. Where a development is of a type that does not closely fit within a particular category of development appearing on an adopted development impact fee schedule, or where a development has unique characteristics or unusual circumstances such that the actual burdens and costs associated with providing necessary public services to that development will differ substantially from that associated with other developments in a specified category of development, the town may require the applicant to provide an alternative development impact fee analysis.
(F) The town shall review the alternative impact fee analysis and shall make a determination as to the adjusted development impact fee to be charged. Such decision shall be appealable pursuant to § 154.14. The town may require the applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application.
(Ord. 2015-01, passed 2-18-2015)