DIVISION 3. GENERAL PROVISIONS

Sec. 23A-87. Miscellaneous provisions.

   A.   Other development requirements. Nothing in this article shall restrict the city from requiring the construction of reasonable project improvements required to serve the development project, whether or not such improvements are of a type for which credits are available under section 23A-82 above.

   B.   Record keeping. The development impact fee administrator shall maintain accurate records of the development impact fees paid and any other matters that the city deems appropriate or necessary to the accurate accounting of such fees. Records shall be available for review by the public during normal business hours and with reasonable advance notice. Records pertaining to individual developments shall be maintained for a minimum of ten (10) years from the date the development impact fee is paid or credits are issued, or for three (3) years after the completion of the development, whichever is later.

   C.   Amendment of development impact fee assessments. A development impact fee may be amended after it has been assessed and paid where there is an error or mistake in the calculation of the fee or applicable credits, or where the actual cost of credits changes after the calculation of credits. Any amounts overpaid by an applicant shall be refunded by the development impact fee administrator to the applicant within thirty (30) days after the acceptance of the recalculated amount. Any amounts underpaid by the applicant shall be paid to the development impact fee administrator within thirty (30) days after the acceptance of the recalculated amount. In the case of an underpayment to the development impact fee administrator, the city may not issue any additional permits or approvals for the project for which the impact fee was previously underpaid until such underpayment is corrected, and if amounts owed to the city are not paid within such thirty (30) day period, the city may also rescind any permits issued in reliance on the previous payment of such impact fee.

(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)

Sec. 23A-88. Severability.

   If a provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)

Sec. 23A-89. Violation.

   Furnishing false information on any matter relating to the administration of this article, including without limitation the furnishing of false information regarding the expected size, use, or impacts from a proposed development, shall be a violation of this article.

(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)