In the event the approving board determines that the developer is unable to construct the improvements required hereunder due to any of the following reasons:
A. The improvements will be located wholly or in part on private land not accessible to the developer, or the developer otherwise does not have the legal authority to construct the improvement; or
B. Although there is a need for the improvement created by the development project, due to fiscal, legal, governmental or other considerations, as determined by the city, it is not appropriate to immediately construct such improvements; or
C. There is insufficient aggregate current public need to warrant construction of the improvement at the present time; or
D. The improvements have been previously installed by others;
then the approving body may waive the requirement that the improvement be constructed in conjunction with the development project and, in lieu thereof, may collect impact fees from the developer in the amount of the cost of constructing improvements allocated to the development project. The approving body may also require a combination of construction of public improvements and payment of impact fees to fulfill the requirements of this chapter.
(Ord. 91-06-1100 § 1 (part))