(a) Development Subject to Impact Fees. Impact fees shall be imposed on new land development in the Village which, for purposes hereof, may be divided into impact fee districts by the Village Council. All development, both residential and nonresidential, as defined in Appendix A, attached hereto and incorporated herein by reference, may be subject to the imposition of one (1) or more development impact fees for particular public facilities; provided, however, that the type and nature of the development project must create an additional demand and need for system improvements for the public facility in order to maintain the adopted level of service (LOS) standard, and is not otherwise exempt.
(b) Municipal Planning Areas. Impact fees imposed by the Village shall, if necessary and appropriate, be collected by other municipalities or by the County on new land development within the Village's municipal planning area, but outside of the Village limits, pursuant to an intergovernmental agreement which provides that the impact fees collected be transferred to the appropriate Village fund for expenditure in accordance with the terms of this Ordinance.
(c) Development Not Subject to Impact Fees. The following structures and activities, which might otherwise be construed as development are exempt from the imposition of development impact fees:
(1) Previously-issued zoning permits or development plan approvals. No impact fee shall be imposed on land development for which a zoning permit and/or a development plan approval has been issued prior to January 1, 2021. In the event that a zoning permit and/or development plan approval has been issued prior to January 1, 2021, but construction has not commenced within 6 months from the date of issuance of the permit, then the impact fee shall be imposed and paid prior to the issuance of an occupancy permit.
(2) Previous Payment of Impact Fees. Subject to the requirements of Section 961.06 of this Ordinance, no impact fees shall be due at a later stage of the development permit or approval process if impact fees have been paid for such category of capital improvements at an earlier stage in the development permit or approval process, unless said fees were reimbursed to the original payor or subsequent property owner.
(3) No net increase in dwelling units. No impact fee shall be imposed on any new residential development which does not add a new dwelling unit (service unit).
(4) No net increase in non-residential square footage. No impact fee shall be imposed on any new non-residential development which does not add square footage, unless the new non-residential development increases the demand for capital improvements (service units) for which impact fees are being imposed.
(5) Other uses. No impact fee shall be imposed on a use, development, project, structure, building, fence, sign or other activity, whether or not a zoning permit is required, which does not result in an increase in the demand for capital improvements (service units). Except upon a determination by the Village Administrator pursuant to Section 961.06(b)(4), no impact fee shall be imposed on any new development or use not listed in Sections 962.04, 963.04, or 964.04.
(6) New land developments which are the subject of a Development Agreement containing provisions in conflict with this Ordinance, but only to the extent of the conflict or inconsistency.
(d) Effect of Imposition/Payment of Development Impact Fees on Village Planning and Zoning Code.
(1) The payment of development impact fees shall not entitle the fee payor to development approval nor a zoning permit unless all other applicable requirements, standards and conditions of the Village Zoning Ordinance and all other applicable Village codes, ordinances and/or procedures, have been met. Such other requirements, standards and conditions are independent of the requirement for payment of a development impact fee.
(2) Neither this Ordinance nor a specific development impact fee ordinance shall affect, in any manner, the permissible use of property, the permitted density/intensity of development, the applicable design and improvement standards, or any other applicable standards or requirements of the Village of Plain City Code or Zoning Ordinance which shall be operative and which shall remain in full force and effect without limitation.
(e) Exclusive Method to Impose Development Impact Fees. Requirements for developers to pay, as a condition of development approval or issuance of a development permit, in whole or in part, for system improvements may be imposed by the Village only by way of development impact fees imposed pursuant to this Ordinance and individual public facility development impact fee ordinances adopted by the Village.
(f) Other Methods of Requiring Capital Improvements. Notwithstanding the provisions of this Ordinance, the Village retains its power, to the extent authorized, to impose fees, to require contributions and to require dedication of land for capital improvements.
(Ord. 14-20. Passed 9-14-20.)