§ 23-764. Payment of fees.

a. Except as otherwise provided in this article, prior to the issuance of a building permit for a public facilities impact construction, an applicant shall pay the appropriate impact fees as established by this division.

b. The obligation for payment of the impact fees shall run with the land.

c. In the event that a building permit issued for a public facilities impact construction expires prior to completion of the public facilities impact construction for which it was issued, the applicant may within ninety (90) days of the expiration of the building permit apply for a refund of the impact fees. Failure to timely apply for a refund of the impact fees shall waive any right to a refund.

1. The application for a refund shall be filed with the administrative official and shall contain the following:

A. The name and address of the applicant;

B. The location of the property which was the subject of the building permit;

C. The date the impact fee was paid;

D. A copy of the receipt of payment for the impact fees; and

E. The date the building permit was issued and the date of expiration.

2. After verifying that the building permit has expired and the public facilities impact construction has not been completed, the administrative official shall refund the impact fees paid for such public facilities impact construction.

3. A building permit which is subsequently issued for a public facilities impact construction on the same property which was the subject of a refund shall pay all impact fees as established by this division.

d. In the event that the city issues separate building permits for a building or part of a building within a public facilities impact construction which by design contemplates phased occupancy, the city and the applicant may enter into an agreement for the phased payment of the impact fees applicable to that portion of the public facilities impact construction represented by such building, provided, however, that all impact fees due shall be paid prior to the issuance of the final building permit for the building.

e. The payment of all impact fees shall be in addition to other fees, charges or assessments imposed by the city for the issuance of a building permit.

f. Prior to the issuance of a building permit, the applicant of a public facilities impact construction may enter into a fee agreement with the city providing for the payment of the impact fees at a time other than as provided in this division. Such an agreement shall require the applicant to post an irrevocable letter of credit payable by a financial institution, acceptable to the city, to ensure payment of the fees at a time other than prior to issuance of the building permit.

1. The irrevocable letter of credit shall contain no conditions upon the obligation of the issuer for the payment of the principal amount and any interest due thereon.

2. Except as otherwise approved by the city commission, no deferral of the payment of impact fees shall extend for a period greater than one (1) year from the date of the building permit, provided that the city manager may approve an additional period of six (6) months upon good cause shown, and subject to the submission of a new application. Any requests for a six-month extension must be made in writing at least thirty (30) days prior to the expiration date of the irrevocable letter of credit.

3. Notwithstanding that the applicant may obtain a deferral to a date certain, all impact fees shall be paid at either the date to which the payment has been deferred or the issuance of a certificate of occupancy for the public facilities impact construction, whichever occurs first except as otherwise approved by the city commission.

(Ord. No. 2007-14, § 4, 6-5-07)