1133.07 IMPACT FEES.
   (a)   Except for those dwelling units constructed as part of a U-3A Continuing Care Retirement Community District development, as provided in subsection (b) below, no building permit shall be issued for a dwelling unit to any owner, subdivider, or agent of either, until a fee of seven hundred fifty dollars ($750.00) is paid to the Village for each such dwelling unit to be constructed, which fee is to be used for Village recreational purposes. Each such fee shall be deposited in the Village Recreation Capital Improvement Fund and shall be used for recreational capital improvements.
   (b)   No building permit shall be issued to any owner, or any agent of an owner, authorizing the construction of a Continuing Care Retirement District development dwelling unit, until a fee of one thousand dollars ($1,000.00) per dwelling unit is paid to the Village for each such dwelling unit to be constructed. Each such fee shall be deposited in the Village Safety Forces Capital Improvement Fund and shall be used for safety forces capital improvements; provided, however, that if a U-1 development is constructed in a U-3A District, the recreation impact fee levied pursuant to subsection (a) hereof shall be levied and collected in lieu of the safety forces capital improvement impact fee. For the purposes of this subsection, a “dwelling unit” shall include any independent living or assisted living room, or suite of rooms, designed for occupation by one or more persons or any skilled nursing facility bed, irrespective of the number of beds to be located in a given room. The Building Commissioner shall determine how many “dwelling units”, as defined herein, will be located within any proposed building for which a building permit is sought.
   (c)   The Treasurer of the Village is hereby directed to submit reports to Council by the first regular meeting of December of each even numbered year, setting forth:
      (1)   The amount of funds paid, under the provisions of this section, into the Recreational Capital Improvement Fund and the Safety Forces Capital Improvement Fund for the preceding twenty-four month (24) period; and
      (2)   The amount and value of any equipment furnished, repaired or replaced, or improvements made, or Village land provided or current payments made for land or improvements previously built for any new or existing public recreational facility or safety forces facility paid from the General Fund or other fund during the same preceding twenty-four (24) month period.
   (d)   Council shall, from such reports, compare the amounts described in subsections (c)(1) and (c)(2) hereof, and shall, by the next regular meeting in December, appropriate from the General Fund, if necessary, to the Recreation Capital Improvement Fund or the Safety Forces Capital Improvement Fund, an amount substantially equal to the difference between the amounts described in subsections (c)(1) and (c)(2) hereof. If Council finds, from the reports described herein, that the Village has contributed or paid, from sources other than the Recreational Capital Improvement Fund or the Safety Forces Capital Improvement Fund for the items set forth in subsection (c)(2) hereof, an amount greater than the funds received under this section, then Council shall carry over the excess amount for credit for the Village contribution in the next twenty-four (24) month period. (Ord. 2005-21. Passed 8-10-05.)