(A) Calculation of development impact fees. The City Manager shall calculate development impact fees due from any particular residential development pursuant to and in accordance with this subchapter, and the City Manager shall present such calculations in writing to the developer and to each public body and public service provider eligible to receive development impact fees due from any particular residential development. Development impact fees due from any particular residential development shall be collected prior to the recordation of a final plat of subdivision or final development plan for any particular residential development, unless otherwise set forth in a development agreement approved by the city; in the event that a residential development does not involve or require the recordation of a final plat of subdivision or final development plan, the development impact fee shall be paid prior to the earlier of the issuance of a building permit or certificate of occupancy for the residential development.
(B) Collection of development impact fees.
(1) Public bodies with intergovernmental agreements. Any development impact fees due to a public body pursuant to an intergovernmental agreement and the provisions of this subchapter shall be collected by such public body, and the developer shall be required to deliver to the City Clerk a receipt from each affected public body evidencing delivery of such development impact fees. Unless expressly provided otherwise in a development agreement approved by the city, the developer shall not be entitled to any further permits, approvals or authorizations relating to the development until the developer delivers such receipt of payments to the city.
(2) Public bodies without intergovernmental agreements. Any development impact fees relating to public facilities for public bodies that have not entered into intergovernmental agreements with the city pursuant to this subchapter shall be paid to the city and collected by the City Manager, who shall hold such development impact fees in trust for the affected public body or bodies. Unless expressly provided otherwise in a development agreement approved by the city, the developer shall not be entitled to any further permits, approvals or authorizations relating to the development until the developer delivers such payments to the city.
(3) Public service providers. Any development impact fees relating to public facilities for public services providers shall be paid to the city and collected by the City Manager. Unless expressly provided otherwise in a development agreement approved by the city, the developer shall not be entitled to any further permits, approvals or authorizations relating to the development until the developer delivers such payments to the city.
(C) Transfer of funds to accounts.
(1) Upon receipt of development impact fees, the City Manager shall forward such fees to the Finance Director.
(2) (a) Additionally, the Finance Director shall establish an account in a bank authorized to receive deposits of city funds.
(b) The development impact fees deposited in the account shall be used solely for the purposes of and in accordance with this subchapter.
(c) The Finance Director shall maintain and keep adequate financial records for the account, which shall show the source and disbursement of all revenues, and which shall account for all moneys received. Such records shall account for moneys received as being funds allocable to the particular public body or public service provider to which the funds are allocable under this subchapter. Whenever the City Manager receives development impact fees in trust pursuant to division (B)(2) above, the Finance Director shall separately account for such fees held in trust.
(D) Disbursement of funds.
(1) In order to ensure that each distribution of development impact fees from the account shall be used solely and exclusively for the provision of projects consistent with the applicable needs assessment on file with the city, prior to the City Council authorizing disbursement of any such funds in accord with this subchapter, the City Clerk shall be in receipt of one of the following:
(a) A fully executed intergovernmental agreement between the city and the public body receiving such funds governing certain aspects of the implementation of this subchapter by the city and the public body; or
(b) With respect to development impact fees for any authorized public facilities relating to a public service provider, a fully executed statement of disbursement from the affected public service provider.
(2) No impact fees shall be disbursed until the City Clerk has received the fully executed intergovernmental agreement or statement of disbursement required pursuant to divisions (D)(1)(a) and (D)(1)(b) above, as applicable.
(E) Previously approved developments. For any residential development for which a final plat or final development plan has been approved before July 20, 2006, the development impact fee shall be as set forth in any applicable development, subdivision, annexation or other agreement relating to such development. If there is no such agreement, the terms and provisions of this subchapter shall apply, but:
(1) The development impact fee shall be due prior to the issuance of any initial building permit or initial certificate of occupancy for each dwelling unit in such residential development; and
(2) The development impact fees due shall be at the amount due prior July 20, 2006.
(F) Alternative arrangements in lieu of impact fees. The city may, in consultation with any affected public bodies, enter into an agreement with a developer for an alternative arrangement in lieu of impact fees reflecting the impact of a development; provided, however, that any such agreement for an alternative arrangement shall provide a financial benefit that is generally equivalent to what would otherwise be received from the strict application of this subchapter as determined by the City Council.
(Ord. 06-42, passed 7-20-2006; Ord. 2009-28, passed 9-21-2009)