(a) Prior to the issuance of any Preliminary or Final Zoning Certificate or any certificate of occupancy, the Zoning Inspector shall determine the Impact Fee, calculated as provided in the legislation imposing the Impact Fee and as provided in this section.
(b) The Village Administrator shall review the Zoning Inspector's determination of the Impact Fee, and after confirming that the calculation is correct, shall impose the Impact Fee upon the developer.
(c) The Impact Fee shall be collected by the Village as a condition for issuance of a Final Zoning Certificate.
(d) For industrial uses, as defined in Section 1153.06(a), the Impact Fee shall be calculated and collected as follows:
(1) Prior to obtaining a Preliminary Zoning Certificate, the developer shall submit a good faith estimate (“Developer’s Estimate”) of the estimated water usage, estimated in gallons per day.
(2) The Zoning Inspector shall use the Developer’s Estimate to determine the Estimated Impact Fee. The Estimated Impact Fee shall be calculated by multiplying the Developer’s Estimate by the Impact Fee Factor, as defined by Section 913.03(d)(2). The Village shall collect this fee at the time specified by Section 913.05.
(3) Two years after the issuance of the Final Zoning Permit, the Village Administrator shall review the water used by the project during the preceding year in order to determine the accuracy of the Developer’s Estimate.
(4) The Village Administrator shall determine whether the Developer’s Estimate was higher than, equal to or lower than the actual average daily water use, estimated in gallons per day, which occurred during the preceding year. The Village Administrator shall then determine the amount of impact fee overpayment or underpayment by multiplying the difference between the Developer’s Estimate and the actual usage by the Impact Fee Factor.
(Ord. 98-105. Passed 3-5-98.)
(5) If the overpayment or underpayment calculated by the Village Administrator pursuant to the immediately preceding paragraph is greater than one thousand dollars ($1,000) or exceeds the Developer’s Estimate by more than twenty percent (20%), then, in the event of an underpayment, the developer shall pay the Village the shortfall and, in the event of an overpayment, the Village shall refund the overpayment to the developer. Such refund, if made, shall constitute the only refund of the Developer’s Estimate made by the Village.
(Ord. 01-155. Passed 1-3-02.)
(6) The determination by the Village Administrator of the project’s average daily water usage during the second year shall constitute the project’s Base Line Average Usage. In any subsequent year of operation, if the actual average daily water usage exceeds the Base Line Average Usage by a factor of twenty percent (20%), and the Impact Fee for that increased usage, using the Impact Fee Factor then in effect would exceed one thousand dollars ($1,000), the user may then be charged an additional Impact Fee, calculated by multiplying the new average daily usage by the then applicable Impact Fee Factor, and then reducing that product by the amount of the Impact Fee previously paid. If an additional Impact Fee is charged as provided herein, the newly- calculated average daily usage shall constitute the project’s new Base Line Average Usage for purposes of future additional Impact Fee charges under this paragraph.
(e) Council may, in its sole discretion, contribute from the General Fund any part or all of the Impact Fee assessed against certain new development that achieves other policies including, without limitation, the provision of single-family housing, the retention of existing employment or the generation of new employment.
(f) Prior to applying for a Zoning Certificate, an applicant may request a non-binding Impact Fee estimate from the Village. The Village Administrator, after consulting with the Zoning Inspector and the Village Engineer, shall make a good faith estimate of the applicable Impact Fee, based upon the development potential of the particular site, given the maximum use intensity permitted by existing zoning.
(Ord. 98-105. Passed 3-5-98.)
(Ord. 98-105. Passed 3-5-98.)