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(a) Determination of Requirements.
(1) Except for projects where the building or site permit was issued prior to July 1, 2010, the Department shall determine the applicability of Section 411.1 et seq. to any development project requiring a first construction document and, if Section 411.1 is applicable, shall impose any TIDF owed as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination. The Zoning Administrator may seek the advice and consent of the MTA regarding any interpretations that may affect implementation of this section.
(b) Department Notice to Development Fee Collection Unit at DBI of Requirements. After the Department has made its final determination regarding the application of the TIDF to a development project under Section 411.1 et seq., it shall immediately notify the Development Fee Collection Unit at DBI of any TIDF owed in addition to the other information required by Section 402(b) of this Article.
(c) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 411.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.
Former division (a) redesignated as division (a)(1) and amended; division (a)(2) added; division (b) amended; Ord. 247-12 , Eff. 1/17/2013.