Ordinance 2003-1436 - Laserfiche WebLink

Home Browse Search

within thirty (30) days after the expiration of the Building Permit for which the Fee was paid. If a Successor-in-Interest claims a refund of Impact Fee, the City may require written documentation that such rights have been conveyed to the claimant. If there is uncertainty as to the person to whom the refund is to be paid, or if there are conflicting demands for such refund, the City may interplead such funds. No Refund if Project Demolished, Destroyed, Altered, Reconstructed or Reconfigured. After an Impact Fee has been paid pursuant to this Chapter, no refund of any part of such Fee shall be made if the development for which the Fee was paid is later demolished, destroyed, or is altered, reconstructed, reconfigured, or changed in use so as to reduce the size or intensity of the development or the number of units in the development. Sec. 3.18.100 Review Every Five (5) Years. The Impact Fees described in this Chapter and the administrative procedures of this Chapter shall be reviewed at least once every five (5) years by the City Manager or the Manager's designee to ensure that (1) the demand and cost assumptions underlying the Impact Fees are still valid, (2) the resulting Impact Fees do not exceed the actual costs of constructing Capital Facilities that are of the type for which the Fees are paid and that are required to serve new Impact- Generating Development, (3) the monies collected or to be collected in each Impact Fee Trust Account have been and are expected to be spent for Capital Facilities for which the Fees were paid, and (4) the Capital Facilities for which the Fees are to be used will benefit the new development paying the Fees. Sec. 3.18.110 Miscellaneous Provisions. A. Applicant May be Required to Construct Reasonable Improvements to Serve Project. Nothing in this Chapter shall restrict the City from requiring an applicant for a Development Permit to construct reasonable Capital Facility improvements designed and intended to serve the needs of the applicant's project, whether or not such Capital Facility improvements are of a type for which credits are available under Section 3.18.050, Credits. B. Mistake and Misrepresentation in Payment of Fee. If an Impact Fee has been calculated and paid based on a mistake or misrepresentation, it shall be recalculated. Any amounts overpaid by a Fee Payer shall be refunded by the City manning Director or designee within thirty (30) days after the City's acceptance of the recalculated amount, with actual interest per annum since the date of such overpayment. Any amounts underpaid by the Fee Payer shall be paid to the City within thirty (30) days after the City's acceptance of the recalculated amount, along with a reasonable rate of interest since the date of such underpayment. In the case of an underpayment to the City, the City shall not issue any additional Development Permits, Building Permits or other approvals for the project for which the Impact Fee was previously paid 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 repeal any permits issued in reliance on the previous payment of such Impact Fee and refund such Fee to the then current owner of the land. C. Low Income Housing. In order to promote the provision of low income housing in the City, the City Council may agree to pay some or all of the Impact Fees imposed on a proposed low income housing development by this Chapter from other funds of the City that are not restricted to other 17