A. Any developer engaging in new development after the effective date hereof shall pay impact fees in the manner and in the amounts required in this chapter, unless otherwise specified in this section. No building or zoning permit shall be issued for development within the City unless the impact fees are assessed and collected pursuant to this chapter.
B. Payment of impact fees specified in this section shall constitute full and complete payment of the project's proportionate share of system improvements for which such fee was paid and shall constitute compliance with the requirements of this chapter.
C. Notwithstanding any other provision of this chapter, applications for zoning permits which have been filed and deemed complete by the City prior to the effective date hereof shall not be subject to impact fees established pursuant to this chapter. However, should construction not be started within one year of acquisition of the permit thus necessitating application for a new zoning permit, such application shall be subject to this chapter. Notwithstanding this exemption, such projects shall be subject to any and all fees applicable prior to the effective date, whether assessed and paid prior to or subsequent to the effective date hereof.
D. Nothing in this chapter shall prevent the City from requiring a developer to construct reasonable project improvements in connection with the new development.
E. Nothing in this chapter shall prevent the City from requiring a developer to construct reasonable system improvements necessitated by and attributable to the new development as a condition of development approval or pursuant to a development agreement with the City, provided that services are not available from existing facilities with actual capacity to serve the new development. If the system improvement is on the CIP, the City may grant applicable credits to the developer for constructing such system improvements.
F. Nothing in this chapter shall abrogate the City's authority to require the applicant to prepare necessary studies, analyses or reports required as a part of the development approval process.
G. Nothing in this chapter shall prevent the City from rejecting an application for development if it determines that such development is inconsistent with adopted City plans, regulations or ordinances. (Ord. 299-06-07, 4-24-2007, eff. 5-24-2007)