§ 38-255. Collection method for payment.

(a)

Roadway impact fees shall be collected at the time the city issues a building permit for a new development, unless a different time is provided for in an agreement for capital improvements pursuant to subsection (b) of this section.

(b)

The impact fees to be paid and collected per service unit for a new development shall be the amount listed in schedule 2 attached to the ordinance from which this article is derived. The city may enter into an agreement with a developer for a different time and manner of payment of impact fees, in which case the agreement shall determine the time and manner of payment.

(c)

The director of public works or his delegate shall compute the roadway impact fees for a new development in the following manner:

(1)

The director of public works shall first determine whether the new development is eligible for credits calculated in accordance with subsection (c)(3) of this section and subdivision III of this division that reduce impact fees otherwise due in whole or in part;

(2)

The total amount of the impact fees for the new development shall be calculated and attached to the development application as a condition of approval;

(3)

An applicant may submit an alternative service unit computation based upon a trip generation study for the proposed development by petitioning for amendment of the land use equivalency table or including the study in an appeal taken pursuant to section 38-310.

(d)

The amount of each impact fee for a new development shall not exceed an amount computed by multiplying the fee assessed per service unit pursuant to section 38-254 by the number of service units generated by the development.

(e)

If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees shall be computed using schedule 2 then in effect, with credits for previous payment of fees being applied against the new fees due.

(f)

Whenever the property owner proposes to increase the number of service units for a development, the additional impact fees collected for such new service units shall be determined by using schedule 2 then in effect, and such additional fee shall be collected at the times prescribed by this section.

(g)

Notwithstanding any other provision of this chapter, no roadway impact fee may be collected with a building permit issued for any lot or tract which is subject to a final plat approved prior to the effective date of the ordinance from which this chapter is derived and for which the building permit was issued on or before the first anniversary of such effective date; provided that if the building permit subsequently expires or is withdrawn for such new development and a new building permit is not issued on or before the first anniversary of the effective date of the ordinance from which this chapter is derived, the development for which the permit was issued shall thereafter be subject to collection of roadway impact fees in accordance with this section.

(Code 1982, § 24-79; Ord. No. 08-21, § 1(24-79), 4-21-2008)