(A) Residential.
(1) The approval of any residential subdivision of land or of any new residential development shall include as a condition the assessment of the impact fee applicable to the development.
(2) Assessment of the impact fee for any new residential development shall be made as follows.
(a) For a development which is submitted for approval pursuant to the city's subdivision regulations following the effective date of this chapter, assessment shall be at the time of final plat approval and shall be the value of the impact fee per service unit then in effect, as provided in Exhibit E, as set forth in § 153.10. The city may provide the subdivider with a copy of Exhibit E prior to final plat approval, but such shall not constitute assessment within the meaning of this chapter.
(b) For a development which has received final plat approval prior to the effective date of this chapter and for which no replatting is necessary prior to building permit issuance, assessment shall be upon building permit issuance and shall be the value of the roadway impact fee per service unit set forth in Exhibit E.
(3) Following assessment of the impact fee pursuant to subsection (A)(2), no additional impact fees or increases thereof shall be assessed against that development unless the number of service units increases, as set forth under § 153.09.
(4) Following the lapse or expiration of approval of a residential plat, a new assessment must be performed at the time a new application for subdivision approval is filed.
(B) Nonresidential development.
(1) The character of nonresidential development does not lend itself to the assessment of a roadway impact fee at the time of subdivision plat processing. It is frequently not possible for a land owner or developer to identify the specific type of use that will occur in a nonresidential development at the subdivision platting point because a lease with a perspective tenant may not yet have been executed.
(2) Assessment of the impact fee for any new nonresidential development shall be made as follows.
(a) For a development which is submitted for approval pursuant to the city subdivision regulations following the effective date of this chapter, assessment shall be at the time of recordation of the final plat. The assessment shall be at the maximum assessable impact fees per service unit then in effect, as provided in Exhibit D to this chapter. The fee to be collected at the time of building permit issuance shall be at the current collected roadway impact fee per land use category per service area as provided in § 153.26.
(b) For a development which has received preliminary or final plat approval pursuant to the city subdivision regulations before the effective date of this chapter, an impact fee shall be assessed and collected on development within the approved subdivision plat at the time of building permit issuance, except for one year after the effective date of this chapter, the fee to be collected at the time of building permit issuance shall be at the current collected roadway impact fee per land use category per service area previously adopted via Ordinance No. OR-1955-15.
(3) Following the assessment of the impact fee for nonresidential development pursuant to the provisions of this section, no additional impact fees or increases thereof shall be assessed against the development unless the number of service units increases.
(Ord. 1293, passed 12-14-99; Am. Ord. 1509, passed 11-22-04; Am. Ord. OR-1757-09, passed 11-23-09; Am. Ord. OR-1955-15, passed 7-27-15; Am. Ord. OR-2280-22, passed 11-14-22; Am. Ord. OR-2306-23, passed 6-12-23)