Impact fees shall be assessed according to the adopted fee schedule provided in Appendix A of this chapter, subject to any phased-in schedule approved by the Board of Supervisors, and further subject to the following adjustments:
A. Impact fee rates in effect when the first building permit is issued (for a residential development) or when the final permit is issued (for a nonresidential development) shall be applied to all subsequent permits within the development for a period of 24 months unless subsequent changes are made to the approved plans that would increase the number of service units.
If the number of service units does increase, the applicable increased rate shall be applied to the additional service units. The 24 month period may not be extended by a renewal of or amendment to the approved site plan or final subdivision plat. On request, the County shall provide a written statement of the applicable impact fee rate. If the County reduces the impact fee rate after final approval of the plan or plat, the reduced fee rate shall apply to subsequently issued permits.
B. Development impact fees shall not be assessed under the following conditions:
1. If development impact fees were already paid for a development and the permit that triggered the collection of the development impact fees has not expired or been voided, no new fee shall be assessed. If the permit has expired or is voided, the fees due shall be the difference between any fees paid and those due at the time of reissue or renewal.
2. If a single-family residence is replacing the same that was built or has been in existence prior to the first impact fee ordinance (February 26, 1996 or the date applicable to the adoption of impact fees for that previously designated benefit area), no impact fee shall be assessed. The burden is placed on the applicant to provide sufficient documentation to prove year of construction or establishment.
C. If the building permit is for an expansion of an existing land use for a property that has previously paid an impact fee, the impact fee shall be assessed only for the area of expansion. If the applicant cannot prove that any fees have been paid, the fees due shall be for the entire building subject to the fee.
D. If a developer seeks a new building permit for a different type of land use than the existing land use type with a higher fee rate, and the applicant can prove that a fee has been paid for the previous use, the assessed fee shall be the difference between the higher fee and the current fee for the existing development. If the applicant cannot prove that any fees have previously been paid, no reduction in fees shall be given. If the change is to a land use type with a lower rate than the existing use, no refund or reimbursement shall be issued.
E. A developer may request an alternative fee calculation based on their projection that the actual burdens and costs associated with providing necessary public services to that development will differ substantially from the County's projected costs or will be substantially less than the amount projected to be paid by development fees. The County Administrator or designee shall review the request and shall make a determination as to the fee to be assessed. The assessed fee shall have a substantial nexus to the burdens and costs associated with the necessary public services or facility expansions. The fee determination is appealable to the Board of Supervisors. (Ord. 2020-27 § 1 (part), 2020)