§ 23-137. Imposition of roads impact fee.

(a)

Except as provided in section 23-144 of this division, any person who after the effective date of this division seeks to develop land by applying to the county or any participating municipality for the issuance of a building permit or certificate of use to make an improvement to land for one of the uses which is specified in section 23-138 of this division and which will generate or attract additional traffic shall be required to pay a roads impact fee in the manner and amount set forth in this division. For a building permit for which a complete application is submitted prior to the effective date of this division, the roads impact fee ordinance in effect on the date of the complete application governs.

(b)

No building permit or certificate of use for any activity requiring payment of an impact fee pursuant to section 23-138 of this division shall be issued by the county or any participating municipality unless and until the roads impact fee hereby required has been paid.

(c)

In the case of structures, mobile homes, or recreational vehicles which are moved from one location to another, a roads impact fee shall be collected for the new location if the structure, mobile home, or recreational vehicle is a type of land development listed in section 23-138 of this division, regardless of whether roads impact fees had been paid at the old location, unless the use at the new location is a replacement of an equivalent use. If the structure or mobile home so moved is replaced by an equivalent use, no roads impact fee shall be owed for the replacement use. In every case, the burden of proving past payment of roads impact fees or equivalency of use rests with the feepayer.

(d)

Impact fees for existing nonresidential buildings. No impact fees shall be charged for existing nonresidential buildings except as provided below:

(1)

All nonresidential buildings less than five (5) years old shall be subject to impact fees as required under the provisions of this division.

(2)

Nonresidential buildings over five (5) years old shall not be subject to impact fees.

(3)

An alteration or change of use involving an addition to a nonresidential building will be subject to impact fees for the area of the building addition.

(e)

Impact fees under this division may not be prepaid after June 2, 2005. Impact fees are not transferable from one (1) parcel to another. Impact fees that were prepaid on or prior to June 2, 2005, under this division shall vest the parcel for the land use for which the fees are paid from any increase in the roads impact fee through the period ending June 2, 2012, and further provided that a valid building permit has been issued by the building department for said parcel within this period. In the event that the parcel owner does not obtain, or chooses not to obtain, a valid building permit by June 2, 2012, then all impact fees previously prepaid against said parcel shall become refundable to the current parcel owner of record, together with interest at the county's average annual rate of return (and calculated from the date the impact fee was paid to the county through the date the county issues a refund check, but no later than June 2, 2012); however, nothing herein shall prevent the parcel owner from requesting this refund at any time after June 2, 2005. The current parcel owner of record must file a written request with the county building department as a prerequisite to obtaining this refund. Following June 2, 2012, all amounts previously prepaid under this division together with afore-described interest (and not otherwise refunded) shall continue to remain as a credit against future impact fees requirements (the prevailing impact fee rate structure at time of building permitting) as to said parcel, or until such time as a request for refund has been received; however, interest shall no longer accrue after June 2, 2012. No refunds shall be made for any prepaid impact fees except as otherwise provided for in this division.

(f)

The county recognizes that certain parcel owners and duly licensed contractors have entered into bona fide contracts for the construction of improvements covered under this division prior to June 2, 2005. Any parcel owner or contractor who files a true copy of such construction contract, together with a notarized affidavit on a form supplied by the county (swearing under penalty of perjury as to the authenticity and execution date of said construction contract), with the county building department no later than July 5, 2005 shall be deemed grand-fathered under the impact fee rate structure in effect immediately prior to adoption of [the ordinance from which this subsection derives] through the period ending December 2, 2005, and further provided that a complete building permit application pertaining to said parcel has been accepted for filing by the building department within this period. Any parcel owner or contractor who has filed their construction contract and building permit application with the building department under this provision and who has not obtained a building permit issued by the building department during one additional one-hundred-eighty-day period running from the filing of a complete building permit application shall no longer be grand-fathered under the prior impact fee rate structure and shall be subject to the prevailing impact fee rates.

(Ord. No. 86-29, § 5, 10-28-86; Ord. No. 93-8, § 5, 3-25-93; Ord. No. 96-11, § 5, 7-16-96; Ord. No. 97-13, § 5, 7-7-97; Ord. No. 01-18, § 5, 10-23-01; Ord. No. 2005-05, § 17, 6-2-05; Ord. No. 2005-16, § 1, 9-20-05; Ord. No. 2008-09, § 1, 4-9-08; Ord. No. 2010-13, § 5, 5-25-10; Ord. No. 2011-20, § 7, 11-15-11; Ord. No. 2011-8, § 5, 5-24-11)