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Title 17D
Chapter 17D.080
Section 17D.080.050
 

Title 17D City-wide Standards

Chapter 17D.080 Voluntary Impact Fees

Section 17D.080.050 Grant of Authority to Impose Fees
  1. The departments of construction services, planning, transportation, fire, and parks and recreation are authorized to impose impact fees on development pursuant to state law.
  1. The impact fees:
    1. are only imposed to mitigate a direct impact upon public facilities that has been identified as a consequence of the proposed development.
    1. may not exceed a proportionate share of the cost of the public facilities that are reasonably related to the development.
    1. are used for public facilities that will reasonably benefit the development.
    1. are not used to correct existing deficiencies.
    1. are not imposed to mitigate the same off-site direct impacts that are being mitigated pursuant to any other law or City requirement.
    1. are held in a reserve account and may only be expended to fund the construction of public facilities agreed to be necessary to mitigate the identified direct impacts.
    1. must be expended within five years of collection.
  1. Any payment not so expended is refunded with interest, at the rate applied to judgments, to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment is refunded without interest.
  1. The departments of construction services, planning, fire, and parks and recreation, along with the department of accounting, are instructed and authorized to adopt administrative rules to implement this chapter.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33582 Section 6