(A) Authority of the Public Works Department. The Director of Public Works, or his/her designee, is hereby authorized to provide WRCOG with all necessary information concerning new development projects that are subject to the TUMF, to enable WRCOG to calculate the TUMF fees in a manner consistent with the TUMF Administrative Plan.
(B) Payment and collection. Payment of the TUMF fees shall be as follows:
(1) All fees collected hereunder shall be calculated and collected by WRCOG for deposit, investment, accounting and expenditure in accordance with the provisions of this chapter, the TUMF Administrative Plan and the Mitigation Fee Act.
(2) The fees shall be paid at the time a certificate of occupancy is issued for the development project or upon final inspection, whichever comes first (the "payment date"). However this section should not be construed to prevent payment of the fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the issuance of a building permit, and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of his/her TUMF obligation. If the developer makes only a partial payment prior to the payment date, the amount of the fee due shall be based on the TUMF fee schedule in place on the payment date. The fees shall be calculated according to fee schedule set forth in the resolution adopted pursuant to § 16.21.040(A) and the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time.
(3) The fees required to be paid shall be the fee amounts in effect at the time of payment is due under this chapter, not the date the chapter is initially adopted. The city shall not enter into a development agreement which freezes future adjustments of the TUMF.
(4) If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee. The obligation to pay the fee shall run with the land and be binding on all the successors in interest to the property.
(5) Fees shall not be waived.
(C) Issuance of certificate of occupancy. The city shall not issue a certificate of occupancy for any development project until WRCOG has provided written confirmation to the city that it has collected the TUMF fee.
(D) Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF Administrative Plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemption.
(E) Reports to WRCOG. The Director of Public Works, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under § 16.21.070.
(Ord. 3290 § 1, 2018; Ord. 3264 § 1, 2017; Ord. 3020 § 6, 2009; Ord. 2815 § 1, 2006; Ord. 2747 § 3, 2005; Ord. 2629 § 1, 2003.)