A. The City shall collect impact fees, based on the rates set forth by City Council resolution from any applicant seeking a permit from the City for any development within the City, where such development requires the issuance of a building permit. This shall include, but is not limited to, the development of residential, commercial, retail, and office, land, parking lots and includes the expansion of existing uses that creates a demand for additional public facilities, as well as a change in existing use that creates a demand for additional public facilities.
B. For any alteration, expansion, or replacement of an existing building or dwelling unit, or addition of a new accessory building, the impact fee shall be reduced by an amount equal to the current impact fee rate for the prior structure.
C. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth by City Council resolution.
D. Impact fees shall be assessed at the time the complete application for a building permit is submitted for each unit in the development, using the impact fee rates then in effect. Impact fees shall be paid at the time the building permit is issued by the City.
E. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to section 10-2-4 of this chapter, shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the City Manager or his designee pursuant to section 10-2-4 of this chapter setting forth the dollar amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the fee payer at the time the building permit is issued for each unit in the development.
F. Where the impact fees imposed are determined by the square footage of the development, a deposit shall be due from the fee payer at the same time that a complete application for a building permit is submitted. The deposit shall be based on an estimate, submitted by the fee payer, of the size and type of structure which will be constructed on the property. In the absence of an estimate provided by the fee payer, the City shall calculate a deposit amount based on the maximum allowable density/intensity permissible on the property. If the final square footage of the development is in excess of the initial estimate, any difference will be due prior to the issuance of a certificate of occupancy, using the rate in effect at that time. The fee payer shall pay any such difference plus interest, calculated at the interest rate which the City of Whitefish then earns. If the final square footage is less than the initial estimate, the City shall give a credit for the difference, plus interest at the interest rate which the City of Whitefish then earns.
H. The service area for impact fees shall be a single Citywide service area. (Ord. 18-38, 12-3-2018)