A. Collection. Development impact fees 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 section 17-17-13 below, 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 as adopted pursuant to this chapter, or according to any other development impact fee schedule as authorized in this chapter.
2. If a building permit is not required for the development, but water or wastewater connections are required, any and all development impact fees due shall be paid at the time the water 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. Wastewater development impact fees shall be assessed if a development connects to the public sewer, or as determined by the town utilities director, is capable of discharging sewage to a town public sewer.
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, water, or sewer service connection is required, the storm drainage development impact fee due shall be paid at the time a civil or site permit is issued for the development.
4. No building permit, water or sewer connection, or certificate of occupancy shall be issued if a development impact fee is not paid as directed in the previous paragraphs.
5. If the building permit 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 water or wastewater system, 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.
6. For issued permits that expire or are voided, and the development impact fees paid for such development have not been refunded, the permittee shall pay the difference between any development impact fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed.
B. Exceptions. Development impact fees shall not be owed under either of the following conditions:
1. Development impact fees have been paid for the development and the permit that triggered the collection of the development impact fees has not expired or been voided.
2. The approval that triggers the collection of development impact fees involves 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 paragraph, 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.
C. Temporary exemptions from development impact fee schedules. New developments in the town 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:
1. Residential uses (other than multifamily). On or after the day that the first building permit is issued for a residential development (other than multifamily), the town shall, at the permittee’s request, provide the permittee with an applicable development impact fee schedule that shall be in force for a period of 24 months beginning on the day that the first building permit is issued, and which shall expire at the end of the first business day of the 25th month 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 residential development shall not be subject to any new or modified development impact fee schedule.
2. All other uses. On or after the town’s approval of a development plan or subdivision plat for a retail, high traffic retail, industrial, general office, medical facilities, institutional, recreational, or multifamily development, the town shall provide an applicable development impact fee schedule that shall be in force for a period of 24 months beginning on the day the development plan or subdivision plat was approved, and which shall expire at the end of the first business day of the 25th month after the development plan or subdivision plat was approved. 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.
3. Changes to development plans and subdivision plats. During the 24-month period referred to in subsection 17-17-11 C. 1 or 2 above, if changes are made to a development’s final development plan or subdivision plat that will increase the number of service units, 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 24-month period referred to in subsection 17-17-11 C. 1 or 2 above, the town shall assess the lower development impact fee.
D. 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 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 the town engineer with an alternative development impact fee analysis. Based on a projection of the actual burdens and costs that will be associated with the development, the alternative development impact fee analysis may propose a unique fee for the development based on the application of an appropriate EDU factor to the applicable plan-based cost per EDU, or may propose that the development be covered under the development impact fee schedule governing a different and more analogous category of development. The town engineer shall review the alternative impact fee analysis and shall make a determination as to the development impact fee to be charged. The decision shall be appealable pursuant to section 17-17-14 below. The town engineer may require the applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application.