(a) Development Subject to Impact Fees. Impact fees may be imposed on new nonresidential land development in and along the Mayfield Road Corridor. Development, as defined in Section 1343.02, may be subject to the imposition of one or more impact fees for particular public facilities, provided however, that the type and nature of the development project must create an additional demand and need for system improvements for the public facility in order to maintain the adopted level of service (LOS) standard and is not otherwise exempt.
(b) Development Not Subject to Impact Fees. The following structures and activities, which might otherwise be construed as development are exempt from the imposition of impact fees:
(1) Previously-issued building permits. No impact fee shall be imposed on land development for which a building permit has been issued prior to January 1, 2007. In the event that a building permit has been issued prior to January 1,2007, but construction has not commenced within six months from the date of issuance of the permit, then an impact fee may be imposed and paid prior to the issuance of an occupancy permit.
(2) Residential development. No impact fee shall be imposed on any new residential development.
(3) Other uses. No impact fee shall be imposed on a use, development, project, structure, building, fence, sign or other activity, whether or not a building permit is required, which does not result in an increase in the demand for capital improvements (service units).
(4) New land developments which are the subject of a development agreement containing provisions in conflict with this chapter, but only to the extent of the conflict or inconsistency.
(c) Effect of Imposition/Payment of Impact Fees on City Development Regulations.
(1) The payment of impact fees shall not entitle the fee payor to development approval nor a building permit unless all other applicable requirements, standards and conditions of the Codified Ordinances of The City of Mayfield Heights, and all other applicable City codes, ordinances and/or procedures, have been met. Such other requirements, standards and conditions are independent of the requirement for payment of an impact fee.
(2) Neither this chapter nor a specific development impact fee ordinance shall affect, in any manner, the permissible use of property, the permitted density/intensity of development, the applicable design and improvement standards, or any other applicable standards or requirements of the Codified Ordinances of The City of Mayfield Heights, which shall be operative and which shall remain in full force and effect without limitation.
(d) Exclusive Method to Impose Impact Fees. Requirements for developers to pay, as a condition of development approval or issuance of a development permit, in whole or in part, for system improvements may be imposed by the City only by way of impact fees imposed pursuant to this chapter and individual public facility development impact fee ordinances adopted by the City.
(e) Other Methods of Requiring Capital Improvements. Notwithstanding the provisions of this chapter, the City retains its power, to the extent authorized, to impose fees, to require contributions and to require dedication of land for capital improvements.
(Ord. 2006-36. Passed 10-23-06.)