(a) Filing of Application. Petitions for exemptions to the application of the provisions of this chapter or waivers from specific impact fees, or a portion thereof, shall be filed with the Director of Buildings on forms provided by the City. The Director of Buildings shall verify the accuracy of the exemption application and forward same to the Planning Commission for its consideration. The Planning Commission shall recommend to the City Council that the exemption application be approved, denied, or approved with conditions, based on the criteria set forth below.
(b) Types of Exemptions. The following types of land development shall be exempt from the payment of impact fees.
(1) Governmental entities. Governmental entities proposing development within the City may be exempt from the payment of impact fees required pursuant to this chapter. In order to be exempt, the governmental applicant must demonstrate that the proposed use either creates no impact on the capital improvements for which Impact fees are collected or that the applicant is entitled to an exemption by law. City Council will grant an exemption only pursuant to a written finding that the applicant has adequately demonstrated that an exemption is due under this division.
(2) Economic development. Land development projects that will promote the long- term economic development of the City may be exempt from the payment of some or all of the impact fees required pursuant to this chapter. Projects that promote the long-term economic development of the City may be exempt only upon a specific finding by the City Council that the proposed project will advance the goals and policies for economic development as set forth in the adopted Master Plan for the City.
(c) Effect of Grant of Exemption/Waiver. If the City Council grants an exemption or waiver in whole or in part of impact fees otherwise due, the amount of the impact fees exempted or waived shall be provided by the City from non-impact fee funds, as may be provided in the particular impact fee ordinances establishing such fees for particular capital improvements, and such funds shall be deposited to the appropriate impact fee account within a reasonable period of time consistent with the applicable City capital improvements program.
(d) An appeal from a decision of the City Council under this section shall be to the Court of Common Pleas for Cuyahoga County.
(e) Development Agreements. Nothing herein shall be deemed to limit the City's authority or ability to enter into development agreements with applicants for new land development which may provide for dedication of land or actual infrastructure improvements. In lieu of making impact fee payments, the fee payor/developer and the City, by agreement, may enter into an agreement for the provision, construction and installation of capital improvements.
(1) The agreement may additionally provide for credits or reimbursement for costs incurred by a fee payor or developer, including interproject transfers of credits or reimbursement for project improvements which are used or shared by more than one development project.
(2) An impact fee for system improvements for a specific capital improvement category may not be imposed on a fee payor or developer who has entered into a development agreement providing for the provision of capital improvements for that same capital improvement category. Provided, however, that impact fees may still be imposed on the fee payor or developer for system improvements for another capital improvement category.
(3) The development agreement shall include a provision addressing increases in impact fees over the life of the development agreement as well as the applicability of subsequently adopted development impact fees for other capital improvements over the life of the development agreement and the development project.
(Ord. 2006-36. Passed 10-23-06.)