(a) In General. The Building Department Representative must notify the applicant of the applicable impact fee requirements, including applicable service charges, at the time of application for a building permit on a form provided by the City for such purposes. The Building Department Representative must calculate the applicable impact fee at the time of application for a building permit. The City may not issue a building permit until the applicant has paid all impact fees due pursuant to this chapter.
(b) Calculation.
(1) Upon receipt of an application for a building permit, the City Manager must determine: (a) whether the proposed new development constitutes a residential or nonresidential use; (b) the specific category of residential or nonresidential development; and (c) the amount of additional square feet of nonresidential gross floor area or the number of additional dwelling units associated with the proposed use.
(2) If the application for a building permit involves a change in use, the impact fee due must be based on the incremental increase in the fee for the increase in the public facility capacity created by the proposed change in use.
(3) After making these determinations, the City Manager must calculate the applicable impact fee by multiplying the number of dwelling units or amount of nonresidential floor area proposed by the amount of the applicable impact fee per unit of development, incorporating any applicable exemptions or credits.
(4) If the type of land use proposed for new development is not expressly listed in the particular impact fee ordinance and schedule, the City Manager, in consultation with other City staff and consultants, as necessary, must:
A. Identify the most similar land use type listed and calculate the impact fee based on the impact fee for the land use identified;
B. Identify the broader land use category within which the specified land use would apply and calculate the impact fee based on the impact fee for that land use category; or
C. As appropriate, determine the basis used to calculate the fee pursuant to an independent impact analysis pursuant to subsection (c) below.
(5) The City Manager's determination must be based on a generally-accepted land use classification system (e.g., the North American Industry Classification System, the Land-Based Classification Standards, and/or ITE’s Trip Generation Manual) and the methodology report.
(6) The calculation of impact fees due from a multiple-use new development must reflect the aggregated demand for each public facility generated by each land use type within the proposed new development.
(7) The calculation of impact fees due from a phased new development must reflect the demand generated by each specific land use within the phase of development for which a separate building permit is requested.
(8) Impact fees must be calculated based on the impact fee amount in effect at the time of application for a building permit.
(c) Independent Impact Analysis. If the applicant believes that the impact fee calculations are in error or would violate a right that is protected by the State or Federal constitution, the applicant may conduct an impact fee analysis. The following provisions shall apply to any independent impact analysis:
(1) The applicant is responsible, at its sole expense, for preparing the independent impact analysis, which must be reviewed for approval by the City Manager, and, as appropriate, other City staff or officials, prior to payment of the fee.
(2) The independent impact analysis must measure the impact that the proposed new development will have on the particular public facility at issue, must be based on the same methodologies used in the methodology report, and must be supported by professionally acceptable data and assumptions.
(3) Within 30 days of submittal of the independent impact analysis, the City Manager must provide written notice to the applicant as to whether the analysis is accepted or rejected based on the provisions of this section. If the independent impact analysis is rejected, the written notice must provide an explanation of the insufficiencies of the analysis.
(4) The final decision of the City Manager may be appealed pursuant to Section 1486.06 of this chapter.
(d) Non-binding Impact Fee Estimate. An applicant may request a non-binding estimate of impact fees due for a particular new development at any time by filing a request on a form provided for such purpose by the City; provided, however, that such estimate may be subject to change when a formal application for a building permit for new development is made. Such non-binding estimate is solely for the benefit of the prospective applicant and in no way binds the City or precludes it from making amendments or revisions to any provisions of this chapter or the specific impact fee implementing ordinances. No vested rights, legal entitlements, or equitable estoppel accrue by reason of a non-binding estimate. A non-binding fee estimate does not constitute a final decision and may not be appealed pursuant to Section 1486.06.
(e) Reimbursements and Credits.
(1) Eligibility for a reimbursement. The City Council may enter into a development agreement with an applicant, which provides for the reimbursement of impact fees in exchange for the dedication or construction of public facilities made necessary by a proposed new development. The City may reimburse impact fees already paid only for the type of facility dedicated or constructed by the applicant. Reimbursements must be made from the impact fee account earmarked for the same type of public facility being dedicated or constructed. No impact fees may be reimbursed for a proffered public facility unless:
A. It is included in the City's capital budget, capital improvement plan, or the methodology report; or
B. It adds public facility capacity made necessary by and to be provided for the roughly proportionate benefit of new development.
(2) Additional provisions.
A. In order to be eligible for a reimbursement, the applicant must receive approval by the City Council pursuant to the provisions of this chapter, prior to the issuance of a building permit.
B. The City may not reimburse the applicant in an amount exceeding the amount of the impact fee due pursuant to this chapter.
C. The City may not reimburse the applicant until a proffered land dedication is finalized or the construction project is at least 50% complete. Reimbursement may then occur based on the percent completion of the project.
D. If an applicant proposes to dedicate or construct public facilities valued at an amount greater than the amount of the impact fee due, then the development agreement may provide for reimbursements to the applicant by future developers of costs incurred over and above those reimbursed by the City.
(3) Procedures for reimbursements.
A. Application made to the City Manager. Applications for an agreement by the City to provide a reimbursement upon completion of certain work by the applicant must be made on a form provided by the City Manager for such purposes. The application must be accompanied by a proposed development agreement developed through coordination with City staff. Upon receipt of a complete application and proposed development agreement, the City Manager, City Attorney, and other appropriate staff and/or consultants must review the application and proposed development agreement, as well as such other information and evidence as may be deemed relevant, and the City Manager must forward a recommendation report stating whether in the opinion of the City Manager a reimbursement is proper based on the provisions of this chapter to the Planning and Zoning Commission. In the instances where a proposed development agreement exists, the City Manager's recommendation report shall be based on the assumption that upon completion of the work by the applicant as set forth within the proposed development agreement the same will comply in all material ways with the proposed development agreement and City standards.
B. Recommendation of the Planning and Zoning Commission. Based on the report of the City Manager, the provisions of this chapter, the capital improvement plan, the comprehensive plan, adopted City Budget, and the methodology report, the Planning and Zoning Commission must recommend to the City Council to accept, reject, or accept with conditions the proposed reimbursement and proposed development agreement.
C. City Council. Based on the recommendation report of the City Manager, the provisions of this chapter, the capital improvement plan, comprehensive plan, adopted City budget, the methodology report, and the recommendation of the Planning and Zoning Commission, City Council must make a final decision to accept, reject, or accept with conditions the proposed reimbursement and proposed development agreement. In instances where a proposed development agreement exists, the Planning and Zoning Commission's recommendation shall be based on the assumption that upon completion of the work by the applicant as set forth within the proposed development agreement the same will comply in all material ways with the proposed development agreement and City standards.
D. Appeals. Appeals from the final decision of the City Council may be made to the Court of Common Pleas of Fairfield County.
(4) Calculation of the value of dedication or construction. The amount of the reimbursement to be paid by the City is to be calculated as follows:
A. Construction of facilities and provision of equipment. The reimbursement must be equal to the actual cost of construction or equipment as evidenced by receipts and other sufficient documentation or the amount of impact fees due pursuant to this chapter, whichever is less.
B. Dedication of land. At the option of the applicant, the reimbursement is to be based on either the assessed value of the proffered land, based on the most recent County property appraisal, or the fair market value of the land as determined by a certified property appraiser hired and paid for by the applicant. If the latter option is chosen and the City rejects the applicant's appraisal, the City may hire and pay for a second appraiser to appraise the property. If either party rejects the second appraisal, a third appraisal may be performed by an appraiser chosen by the first and second appraisers, the costs of which are to be shared equally by the City and the applicant. The third appraisal is binding on both parties. All appraisals must be consistent with generally-accepted appraisal techniques and the date of valuation must be the date of transfer to the City.
(5) Development agreement requirements. No reimbursement may be made except pursuant to an executed development agreement between the City and the applicant, which must include, but is not necessarily limited to; the following:
A. The estimated cost of the public facility to be constructed or dedicated, based on the provisions of this chapter;
B. A schedule for the initiation and completion of the construction of a public facility;
C. The amount of the impact fees, by type, to be reimbursed by the City to the applicant;
D. The schedule for making reimbursement payments to the applicant, based on the provisions of this section;
E. Provision for reimbursements to the applicant by future developers of costs incurred over and above those reimbursed by the City pursuant to this section;
F. The applicant's agreement to construct all public facilities in accordance with City specifications and all regulations set forth in the Codified Ordinances; and
G. Such other terms and conditions as deemed necessary by the City.
(6) Transfer and assignment. The reimbursement may be paid only to the original applicant or the applicant's legal successor in interest with a contractual right to the reimbursement. Any transfer or assignment is valid only if the applicant gives the City Council written notice in advance of the transfer.
(7) Eligibility for credits for excessive dedication or construction. An applicant may be given a credit against an impact fee upon demonstration that, after the date of this chapter, a public facility was dedicated or constructed by the applicant or the applicant's predecessor in interest with sufficient excess capacity to offset the impacts of the applicant's proposed new development. In order for a credit to be accepted, the applicant must demonstrate that the dedicated or constructed public facility will reduce the overall need for public facilities and that the applicant has secured a contractual right to an allocation of the excess capacity equal to the total or any portion of the impact fee owed by the applicant. Any approved credit must be consistent with the adopted City budget, capital improvement plan, comprehensive plan, and the methodology report.
(8) Procedures for credits.
A. Application made to the City Manager. Applications for a credit must be made on a form provided by the City for such purposes. The application must be accompanied by a development agreement executed after the effective date of this chapter, which demonstrates that excess public facility capacity has been provided by the applicant or the applicant's predecessor in interest, which will provide a roughly proportionate benefit to the new development proposed by the applicant. Upon receipt of a complete application, the City Manager, City Attorney and other appropriate staff and/or consultants must review the application, as well as such other information and evidence as may be deemed relevant. The City Manager must determine whether a credit is proper based on the provisions of this chapter, the capital improvement plan, the comprehensive plan, the methodology report, and/or other relevant evidence. In instances where a development agreement exists, the City Manager's recommendation shall be based on a determination as to whether or not the work as completed by the applicant complies in all material ways with the development agreement and City standards.
B. Appeals. Appeals from the final decision of the City Manager may be made to the City Council pursuant to Section 1486.06.
(f) Collection. The City Manager must collect all impact fees and service charges in the amounts set forth in this chapter at the time of issuance of a building permit and must issue a receipt to the applicant for such payment unless:
(1) The applicant is not subject to the payment of a impact fee; or
(2) The applicant has filed an appeal as required by Section 1486.06 and has filed a bond or other surety in the amount of the impact fee as calculated by the City Manager and approved by the City Attorney and City Manager.
(Ord. 2007-45. Passed 8-21-07.)