18.25.100 Procedures for imposition, calculation, and collection of development fees.
(A) In General. An applicant shall be notified by the city of the applicable development fee requirements at the time of application for a building permit via the issuance of a development fee calculation form provided to the applicant. Development fees shall be calculated by the city and shall be paid by the applicant prior to the issuance of a building permit.
(B) Calculation.
(1) Upon receipt of an application for a building permit, the city shall determine:
(a) Whether it is a residential or nonresidential use;
(b) The specific category (type) of residential or nonresidential development, if applicable;
(c) If residential, the number of new dwelling units.
(2) Upon receipt of an application for a building permit, the city shall determine whether it is for a change in use. In such cases, the development fee due shall be based only on the incremental increase in the fee for the additional public facilities needed for the change in use.
(3) After making these determinations, the city shall calculate the demand for the public facility added by the new development for each public facility category for which a development fee is being imposed and calculate the applicable development fee by multiplying the demand added by the new development by the amount of the applicable development fee per unit of development, incorporating any applicable offset if set forth in the particular development fee calculation methodology.
(4) If the type of land use proposed for new development is not expressly listed in the particular development fee ordinance and schedule, the city shall:
(a) Identify the most similar land use type listed and calculate the development fee based on the development fee for that land use;
(b) Identify the broader land use category within which the specified land use would apply and calculate the development fee based on the development fee for that land use category.
(5) An applicant may request a nonbinding estimate of development fees due for a particular new development at any time by filing a request on a form provided for such purpose by the planning department; provided, however, that such estimate may be subject to change when a formal application for a building permit for a new development is made. Such nonbinding estimate is solely for the benefit of the prospective applicant and shall in no way bind the city nor preclude it from making amendments or revisions to any provisions of this chapter, the specific development fee implementing ordinances or the development fee schedules.
(6) The calculation of development fees due from a multiple-use new development shall be based upon the aggregated demand for each public facility generated by each land use type in the new development.
(7) Development fees shall be calculated based on the development fee amount in effect at the time of application for a building permit.
(C) Credits.
(1) Credits against the amount of a development fee due from a new development shall be provided for, among other things, contributions made in cash, or by dedication of land or by actual construction of all or part of a public facility by the affected property owner for public facilities meeting or exceeding the demand generated by the new development and the contribution is determined by the city to be a reasonable substitute for the cost of public facilities which are included in the particular development fee calculation methodology.
(2) No credits shall be allowed unless the city has approved in writing by the city council or the city manager the contribution or expenditure before it is made.
(3) Credits for dedication of land or provision of public facilities shall be applicable only as to development fees imposed for the same types of public facilities which are proposed to be dedicated or provided. Even if the value of the dedication of land or provision of a public facility exceeds the development fee due for the type of public facility, the excess value may not be transferred to development fees calculated to be due from the applicant for other types of public facilities for which development fees may be imposed. Credits may, however, be transferred to the same applicant or to other applicants for new development which are proposed within the final approved platted area of the same development and for the same type of public facility.
(D) Collection.
(1) The city shall collect all applicable development fees at the time of issuance of a building permit and shall issue a receipt to the applicant for such payment unless:
(a) The applicant is determined to be entitled to a full credit; or
(b) The applicant has been determined to be not subject to the payment of a development fee; or
(c) The applicant has filed an appeal and a bond or other surety in the amount of the development fee, as calculated by the city and approved by the city attorney and city treasurer, has been posted with the city; or
(d) The applicant executes a promissory note and deed of trust or other comparable security acceptable to the city for the balance due in accordance with such terms and conditions, including applicable administrative fees and title fees, as may be set forth in a resolution adopted by the city council.
(2) Development fees shall be due at the time of issuance of a building permit even if development fees were paid by the applicant at an earlier time in the development permit or approval process if the amount of the development fees has increased since such prior approval. The applicant shall only be liable for the difference between the development fees paid earlier and those in effect at the time of issuance of the subsequent building permit. (Ord. No. 2014-03, §§ 1 – 3, 6-17-14. 1976 Code § 7-7-4)