(a) The amount of the fire/EMS system impact fee for Fire/EMS System Improvement District applicable shall be determined by the fee schedule included in Exhibit “A,” attached hereto and included herein. The fee schedule includes a reduction of the gross fee required by reflecting and accounting for other sources of funding as same is reflected in Exhibit “A.” When use of the schedule or any determination of the amount of fee requires the use of square footage as factor, the gross square footage of the applicable building(s) or structure(s) shall be used as the amount of square footage to determine the appropriate fee.
(1) If a building permit is requested for mixed uses or a mixture of land development activities, then the fee shall be determined through using the applicable schedule by apportioning the space committed to uses specified on the applicable schedule.
(2) For applications for an extension of a building permit the amount of the fee is the difference between that fee then applicable at the time of permit extension and any amount already paid pursuant to this ordinance.
(3) If the type of development activity that a building permit is applied for is not specified on the applicable fee schedule, the Service-Safety Director shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. If the Service-Safety Director determines that there is no comparable type of land use on the applicable fee schedule then the Service-Safety Director shall determine the fee by:
A. Using such other technical data or information as the Service- Safety Director deems appropriate; and
B. Applying the applicable formula pursuant to subsection (a) hereof; and
C. If applicable, reducing the fee as indicated in subsection (a) above.
(4) In the case of change of land development activity category, redevelopment, or expansion or modification of an existing use which requires the issuance of a building permit and which further requires the payment of an impact fee pursuant to this ordinance, the impact fee shall be based upon the net positive increase in the impact fee for the new category as compared to the previous category. The Service-Safety Director shall be guided in this determination by the fee schedule for the Fire/EMS System Improvement District in which the land development activity is located.
(b) If a feepayer disagrees with the amount of impact fee required to be paid by the feepayer, or disagrees with any determination of the Service-Safety Director and which pertains to the requirement of an impact fee payment, the feepayer may appeal the amount of the fee or the determination of the Service-Safety Director to the Board of Zoning Appeals pursuant to Lancaster Codified Ordinance 1157. The fee paid to the Board of Zoning Appeals shall be borne by the appellant.
(Ord. 24-05. Passed 5-23-05.)
(Ord. 24-05. Passed 5-23-05.)