§ 70-176. Imposition of impact fee; administrative charge.

(a)

Any person who makes or causes the making of a dwelling, or any person who changes the use of any building to create a dwelling shall be required to pay an impact fee for educational facilities in the manner and amount set forth in this article. The liability for the impact fee shall accrue upon issuance of a building permit for the land development activity or upon occupancy of the dwelling if issuance of a building permit is not required or obtained. The fee shall be payable not later than the issuance of a certificate of occupancy for the land development activity or occupancy of the dwelling, whichever occurs first.

(b)

No certificate of occupancy for any land development activity requiring payment of an impact fee shall be issued until the impact fee has been finally determined and paid. No person shall change the use or allow a change in use of any building where the impact fee imposed by this article is applicable without having paid the proper impact fee imposed by this article.

(c)

In addition to the fee established pursuant to section 70-175, there is imposed an administrative charge of three percent of the impact fee, to be retained by the county or remitted to municipalities as provided by interlocal agreement.

(Ord. No. 97-7, § IX, 5-15-97; Ord. No. 2005-01, § VII, 2-24-05; Ord. No. 2008-04, § I, 2-21-08; Ord. No. 2008-14, § I, 6-5-08)

Editor's note

Ord. No. 2008-04 deleted former § 70-176, entitled "Amount of impact fee", which derived from: Ord. No. 97-7, § VIII, adopted May 15, 97; and Ord. No. 2005-01, § VI, adopted Feb. 24, 2005. Ord. No. 2008-04 further amended the Code by renumbering the remaining §§ of article V, as set out herein.