§ 58-202. Effective date.

(a)

This article shall take effect on November 30, 1992.

(b)

For any development subject to development impact fees under this article, the following shall apply:

(1)

For any development which has a currently approved zoning that imposes, as conditions of zoning, requirements for dedication, contribution, and/or construction of funds, land, or system improvements with at least a requirement to contribute funds into an offsite transportation improvement fund, the feepayor may elect to:

a.

Proceed with the project under the existing conditions of zoning by entering into a private agreement (section 58-177 and section 58-236). If the feepayor chooses to proceed under the existing conditions of zoning, none of the provisions of this article shall apply, including those provisions related to credits. If a building permit is requested prior to the approval of said private agreement by the board of commissioners, the county manager can waive some or all of the impact fee otherwise due, as appropriate, pursuant to the owner's binding agreement to pay any additional fees that may be necessary after formal approval of the private agreement.

b.

Proceed with the project under the provisions of this article, in which case:

1.

Any development for which a valid application for a building permit has been received by the county prior to the effective date of this article, may proceed to issuance of a building permit without payment of fees otherwise imposed by this article, provided that:

i.

All fees for system improvements imposed by conditions of zoning approval or any code or regulation in effect prior to the effective date of this article shall be or have been paid in full; and

ii.

Said building permit is or can be issued within 120 calendar days of the effective date of this article, exclusive of delays caused by the county's normal review process.

2.

For any development for which a land disturbance permit (LDP) has been issued prior to the effective date of this article, but not an associated building permit, said building permit shall be issued only under the terms and conditions of this article, provided further that:

i.

Any fees, contributions, or dedications attributable to system improvements paid at the time of issuance of the LDP shall be credited in full against the development impact fees due under this article for issuance of said building permit.

ii.

In the case of multibuilding projects, such as a subdivision or a multifamily complex, the credit shall be prorated among the various buildings in proportion to their floor area or number of dwelling units.

iii.

In all such cases, the feepayor may elect to receive a refund of prior payments in lieu of credit for prior payments.

(2)

For any development for which a valid application for a building permit has been received by the county prior to the effective date of this article may proceed to issuance of a building permit without payment of fees otherwise imposed by this article, provided that:

a.

All fees for system improvements imposed by conditions of zoning approval, if applicable, or any code or regulation in effect prior to the effective date of this article shall be or have been paid in full; and

b.

Said building permit is or can be issued within 120 calendar days of the effective date of this article, exclusive of delays caused by the county's normal review process.

(94-RM-121, pt. 3, art. IV, §§ 1, 2, 5-18-94)