1222.10  EXACTION FEES.
   (a)   The Planning Commission is hereby directed and authorized to impose proportionate exaction fees as embodied in a development agreement with the applicant or applicants for zoning, rezoning, redevelopment, or renewal of land within the City of Newark as a means of providing for support of infrastructure needs determined by the Planning Commission to be necessitated by the zoning, rezoning, redevelopment, or renewal prior to final approval of any zoning, rezoning, redevelopment or renewal application.
   (b)   The Director of Public Service, Director of Law, and the City Engineer shall bear responsibility for the creation of the Development Agreement in collaboration with the applicant or applicants for zoning, rezoning, redevelopment, or renewal.
   (c)   Should the Planning Commission determine that a development agreement is necessary to address infrastructure demands occasioned by the zoning, rezoning, redevelopment, or renewal application and should the Director of Public Service, Director of Law, and the City Engineer fail to reach an accord with the applicant or applicants, such failure will justify rejection of the zoning, rezoning, redevelopment or renewal request by the applicant or applicants.
   (d)   The Planning Commission shall, in accordance with the City of Newark Charter, provide written recommendation to Council citing failure to reach an accord on the development agreement as the reason or rejection of the request. The Planning Commission shall provide supporting information discussing reasons for the failure to reach an accord in its recommendation to Council. In addition, if no development agreement is required to address infrastructure demands due to the zoning, rezoning, redevelopment or renewal application, the Planning Commission will include reference to such lack of necessity in its recommendation to Council.
   (e)   This section shall be effective at the earliest time permitted by Section 4.07 of the Charter of the City of Newark, Ohio.
(Ord. 06-38.  Passed 8-21-06.)