This division shall be known and may be cited as "the Village of Palm Springs Impact Fees."

(Ord. No. 2021-03, § 1(34-1500), 6-10-2021)

This division applies to new capital improvement impact projects for which a building permit is applied for after the effective date of this chapter. This chapter adopts impact fees to offset the village's costs to maintain its capital improvement system, as the term is defined in section 34-1503. This chapter does not exempt or affect the requirements for the payment of utility and other service fees, including water and wastewater fees, under chapter 78, "utilities" of the Village Code of Ordinances.

(Ord. No. 2021-03, § 1(34-1510), 6-10-2021)

It is hereby ascertained, determined and declared that:

(a)

Both existing development and development necessitated by the growth contemplated in the comprehensive plan will require improvements and additions to law enforcement facilities and parks and recreation facilities of the village to accommodate and maintain existing level of service standards.

(b)

Future growth necessitating capital improvement impact projects should contribute its proportional and reasonable share of the cost of capacity-adding improvements and additions to law enforcement facilities and parks and recreation facilities required to accommodate capital improvement demands generated by such growth as adopted in the comprehensive plan.

(c)

Implementation of a reasonable impact fee structure to require future capital improvement impact projects to contribute their proportional and reasonable share of the cost of required new capital improvement capacity is an integral and vital element of the regulatory plan of growth management incorporated in the comprehensive plan.

(d)

The projected capital improvements and additions to the capital improvement system of the village and the allocation of projected costs between those necessary to serve existing development and those required to accommodate new capital improvement impact projects, as presented in the study entitled "impact fee study," approved and adopted by the village council on May 13, 2021, and such projections are found to be in conformity with the comprehensive plan.

(e)

Capital improvement planning is an evolving process, and the capital improvements and additions to the law enforcement facilities and parks and recreation facilities identified upon the date of adoption of the ordinance from which this article is derived constitute projections of growth patterns and improvements and additions based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the intent of the village council that the identified improvements and additions to the capital improvement system be reviewed and adjusted periodically to ensure that impact fees are imposed equitably and lawfully and are utilized effectively based upon actual and anticipated conditions at the time of their imposition.

(f)

The purpose of this chapter is to require payment of village-wide impact fees by new capital improvement impact projects and to provide for the cost of capital improvements to the village's capital improvement system, which are required to accommodate the additional demand caused by such capital improvement impact projects.

(g)

The village manager hereby designates the planning, zoning and building director as the administrator of this chapter.

(h)

This chapter shall not be construed to permit the collection of impact fees from capital improvement impact projects in excess of the amount reasonably anticipated to offset the proportional demand new growth will have on the village's capital improvement systems.

(Ord. No. 2021-03, § 1(34-1520), 6-10-2021)

When used in this chapter, the following words, terms and phrases, whether capitalized or not, shall have the meanings set forth in this section. Terms used in this article but which are not defined here, shall have the meaning set forth in section 1-2 of the Code of Ordinances.

Alternative impact fee: An alternative fee calculated by an applicant and approved by the director pursuant to section 34-1509.

Applicant: The person who applies for a building permit for a capital improvement impact project.

Capital improvements: Facilities in the village's capital improvement system that include or add capacity to accommodate new capital improvement impact projects, consistent with the impact fee study assumptions and methodology and this article.

Capital improvement impact project: Land development designed or intended to permit a use of the land which will contain more impact units than the existing use of land, or which will otherwise change the use of land in a manner that increases the demands upon the village's capital improvement system.

Capital improvement system: The village-wide law enforcement facilities and parks and recreation facilities provided by the village to accommodate additional capital improvement demands generated by new capital improvement construction.

Director: The director of the village's planning, zoning and building department, or the director's designee.

Encumbered: Monies committed by contract or purchase order in a manner that obligates the village to expend the encumbered amount upon delivery of goods or completion of services or, if applicable, conveyance of right-of-way by a vendor, supplier, contractor or owner.

Impact fee benefit district: The geographic area encompassed by the village of palm springs at the time of the impact fee study.

Impact fee rate: An impact fee imposed for a particular capital improvement impact project under the applicable impact fee land use category established in the schedule incorporated in section 34-1505.

Impact fee study: The studies adopted pursuant to section 34-1504.

Impact unit: An increment of development measured in dwelling units, building area, floor area, retail area, beds, or other similar measure identified in the impact fee study.

Law enforcement facilities: Capital improvements provided by the village to accommodate capital improvement impact projects for the purpose of acquiring or expanding police services capital equipment and/or facilities under the jurisdiction of the village.

Level of service standard: The minimum acceptable conditions of law enforcement facilities and parks and recreation facilities.

Mixed-use capital improvement impact projects: In which more than one impact fee land use category is contemplated, with each category constituting a separate and identifiable enterprise not subordinate to or dependent on other enterprises within the capital improvement impact project.

Offsite improvements: Capital improvements located outside of the boundaries of a capital improvement impact project, which are required by the village in order to mitigate the demands of developments other than those of a proposed capital improvement impact project paying impact fees or requesting developer contribution credits. Offsite improvements do not include access improvements.

Owner: The person holding legal title to the real property upon which the capital improvement impact project is to occur.

Parks and recreation facilities: The community, neighborhood, and special facility park and recreation facilities provided by the village in order to accommodate capital improvement impact projects.

Square footage or sf: The gross area measured in feet from the exterior faces of exterior walls or other exterior boundaries of the building.

(Ord. No. 2021-03, § 1(34-1530), 6-10-2021)

The village council hereby adopts and incorporates by reference the study entitled "Village of Palm Springs Impact Fee Study," dated March 18, 2021, including the assumptions, conclusions and findings in the study as to the allocation of anticipated costs of capital improvements and additions to the village's capital improvements system, between those costs required to accommodate existing development and those costs required to accommodate the demands of new capital improvement impact projects generated by new growth contemplated in the comprehensive plan.

(Ord. No. 2021-03, § 1(34-1530), 6-10-2021)

(a)

All capital improvement impact projects occurring within the village's impact fee benefit district, after the effective date, shall either pay the impact fees established in this section or redeem equivalent and valid developer credits.

(b)

The impact fees are imposed on all capital improvement impact projects located in the village, at the rates established under the applicable impact fee land use category in Table 1.

(c)

The impact fees authorized by this article shall be as stated in Table 1. A proposed capital improvement impact project shall pay the stated amount for each category of the capital improvement system at the time of building permit issuance.

Table 1
Village of Palm Springs Parks and Recreational Facilities Impact Fee Schedule

(d)

Payment of impact fees under this section does not exempt an applicant from the requirement to provide access improvements, including required right-of-way dedications or easement deeds, in accordance with the village code requirements, and/or any valid ordinance or regulation applicable to the proposed capital improvement impact project.

(Ord. No. 2021-03, § 1(34-1540), 6-10-2021)

(a)

The following shall be exempted from payment of impact fees:

(1)

Alteration, expansion or replacement of an existing dwelling unit which does not increase the number of families which that dwelling unit is arranged, designed, or intended to accommodate for the purpose of providing living quarters, except in the case of single-family homes when the expansion results in the dwelling unit to move into a different tier.

(2)

Alteration or expansion of a building if the building use upon completion does not generate greater demand for the applicable category of the capital improvement system than was assumed in the impact fee study and reflected under the applicable impact fee rate.

(3)

Replacement of a building or the construction of an accessory building if the replacement building or accessory building does not result in a land use generating greater demand for the applicable category of the capital improvement system than was assumed in the impact fee study and reflected under the applicable impact fee rate.

(4)

Temporary construction sheds or trailers erected to assist in construction and maintained during the term of a building permit.

(5)

Public schools and charter schools, pursuant to F.S. § 1002.33(18)(d).

(6)

Any other use exempt under Florida Statutes.

(b)

The village shall not increase impact fee rates to offset any reduced revenue resulting from exemptions granted under this section, if any. In addition, to the extent an impact-generating use is exempt, the village will further ensure sufficient funding availability to maintain levels of service.

(Ord. No. 2021-03, § 1(34-1550), 6-10-2021)

(a)

Except as otherwise provided in this article, no person shall carry out any capital improvement impact project unless the appropriate impact fee as set forth in sections 34-1505, 34-1507, 34-1509 or 34-1510 is paid at the time of issuance of the building permit for the capital improvement impact project.

(b)

Except as provided in subsection (c) below, each proposed capital improvement impact project shall be categorized by the director according to the land use categories set forth in section 34-1505. The director will categorize a proposed capital improvement impact project based on the meanings assumed in the impact fee study, the definitions in section 1-2 of the Village Code, the Land-Based Classification Standards, (APA) (https://www.planning.org/lbcs/), or other generally accepted source.

(c)

If a proposed use is not specifically listed and is determined by the director not to apply to any listed land use category in section 34-1510, the provisions of section 34-1509 of this article apply.

(d)

All impact fees required by this article shall be paid directly to the Village of Palm Springs.

(e)

The payment of impact fees shall be in addition to any other fees, charges or assessments due for the issuance of a building permit, except as expressly provided otherwise by the Village Code of Ordinances.

(f)

The obligation for payment of impact fee shall run with the land.

(g)

The village council may impose a reasonable administrative charge for the collection of impact fees, not in excess of actual costs.

(Ord. No. 2021-03, § 1(34-1560), 6-10-2021)

Impact fees shall be imposed and calculated on any or all of the applicable below listed conditions for the alteration, expansion or replacement of a building or dwelling unit or the construction of an accessory building if the alteration, expansion, or replacement of the building or dwelling unit or the construction of an accessory building results in a land use determined to generate greater impacts on the village's capital improvement systems than the present use under the applicable impact fee rate. The impact fee imposed under the applicable impact fee rate shall be calculated as follows:

(a)

When there is a change in land use, the impact fees imposed shall be the impact fees due under the applicable impact fee rate for the impact fee land use category resulting from the land use change less the impact fee that would be imposed under the applicable impact fee rate for the impact fee land use category prior to the land use change.

(b)

Unless exempt by section 34-1506, when the square footage of a building is increased, the impact fee rate shall be calculated based only on the increased square footage.

(c)

Unless exempt by section 34-1506, the impact fee imposed for any accessory buildings shall be that applicable under the impact fee rate for the land use for the primary building.

(Ord. No. 2021-03, § 1(34-1570), 6-10-2021)

(a)

If a capital improvement impact project involves a land use not listed under the impact fee land use categories set forth in section 34-1540, the director shall determine the impact on the applicable category of capital improvement systems to be generated by the proposed capital improvement impact project and shall calculate appropriate impact fees utilizing a methodology generally consistent with section 34-1590.

(b)

If a capital improvement impact project involves a mixed-use capital improvement impact project, the director shall calculate the impact fees based upon the demand, by category of capital improvement system, to be generated by each separate land use category included in the proposed mixed-use capital improvement impact project. Outparcels within larger developments shall be calculated individually and not included in the overall square footage of the development.

(Ord. No. 2021-03, § 1(34-1580), 6-10-2021)

(a)

If an applicant believes that the impact to the law enforcement facilities or parks and recreation facilities caused by the applicant's proposed capital improvement impact project is less than the fee established in section 34-1508 or 34-1509, the applicant may, at his or her own expense, prior to issuance of a building permit for such capital improvement impact project, submit a calculation of an alternative impact fee to the director pursuant to the provisions of this section. The director shall make a determination within ten business days of submittal, or as otherwise required by law, as to whether that calculation complies with the requirements of this section.

(b)

For purposes of any alternative impact fee calculation, the capital improvement impact project shall be presumed to have the maximum impact on the capital improvement system for the land use category contemplated under the impact fee rate.

(c)

If an applicant decides to perform an alternative impact fee study, the methodology for said study shall be approved by the director, based on the methodology adopted by the village council in the impact fee study, before the applicant begins the study. Through an alternative impact fee study, an applicant may calculate the demand component for a proposed development that is different than that described in the impact fee study. However, the cost and credit components for the alternative impact fee shall be those included in the impact fee study, adjusting for any indexing applied under section 34-1620 or adjustments made by the village council to the fees calculated in the impact fee study.

(d)

An application for an alternative impact fee shall include the following information:

(1)

For law enforcement, and parks and recreation impact fees:

a.

Public facility demand for the proposed development, based on local empirical surveys for the same or similar land use types; and

b.

Estimated population based upon local empirical surveys of similar land use types.

(e)

The alternative impact fee calculations shall be based on data, information or assumptions contained in this article or independent sources, provided that:

(1)

The independent source is a village-accepted source of engineering or planning information; or

(2)

The independent source is a local study supported by a database adequate for the conclusions contained in that study, performed by a professional engineer or planner, pursuant to a generally accepted methodology of planning or engineering; or

(3)

If an applicant for a previously approved capital improvement impact project, submitted a traffic impact study during a village approval process, which is substantially consistent with the criteria required by this section, and if that study is determined by the director to be current, the impact of that previously approved project shall be presumed for the proposed project to be as described in the prior study. In such circumstances, an alternative impact fee shall be established reflecting the capital improvement impacts described in the prior study.

(f)

If the director determines that the data, information and assumptions utilized by the applicant to calculate the alternative impact fee comply with the requirements of this section, the alternative impact fee shall be paid in lieu of the fee set forth in section 34-1505 or section 34-1509.

(g)

If the director determines that the data, information and assumptions utilized by the applicant to calculate the alternative impact fee do not comply with the requirements of this section, then the village shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection of the alternative village-wide impact fee, and the reason therefor.

(Ord. No. 2021-03, § 1(34-1590), 6-10-2021)

(a)

The village shall grant a credit against the impact fee imposed pursuant to this chapter for the donation of land or for the construction of offsite improvements, other than access improvements, to a category of the capital improvement system that the village requires or has required pursuant to a development order, including capital improvement obligations made prior to or after the effective date of this article. Such prior obligations may include development agreements, administrative or discretionary approvals, or mitigation fees and contributions.

(b)

All impact fee credits associated with projects subject to a development of regional impact development order shall be consistent with the provisions of F.S. § 380.06, 163.31801(5), 163.31 and other applicable laws.

(c)

In order to receive a credit, the director must determine that:

(1)

Previously obligated capital improvements either:

a.

Are included in the village's five-year capital improvement plan or were at the time the obligation arose; or

b.

Are substantially similar in nature and extent to the same category of the capital improvement system included on the village's five-year capital improvement plan; or

(2)

Proposed capital improvements are an integral part of and a necessary accommodation of the contemplated offsite improvements to the category of capital improvement system included in the village's five-year capital improvement plan.

(d)

Unless established otherwise by the director, based on prior documentation, the amount of credit resulting from a capital improvement obligated prior to the effective date of this article shall be the present value of the obligated improvements minus the maximum impact fee recommended in the impact fee study or as determined under section 34-1590.

(e)

The amount of a developer contribution credit proposed after the effective date of this article shall be determined according to the following standards of valuation:

(1)

The value of donated land shall be based upon a written appraisal of fair market value by an M.A.I. appraiser, selected and paid for by the applicant, based upon comparable sales of similar property between unrelated parties utilizing accepted land appraisal methodologies. If the appraisal does not conform to the requirements of this section, the appraisal shall be corrected and resubmitted. If the director disagrees with the appraised value, the village may engage another appraiser and the value of the land donation shall be an amount equal to the average of the two appraisals. If the village's appraisal varies by 25 percent or more from the applicant's, the village may assess the cost of the village's appraisal against the applicant as provided by law.

(2)

The cost of anticipated construction of offsite improvements to a category of the capital improvement system shall be based upon cost estimates certified by a registered professional engineer and approved by the village.

(3)

The land and construction contributions shall receive credits under this section only for capacity adding capital improvements to the category of the capital improvements system, in order to accommodate capital improvement impact projects, consistent with the impact fee study and the village's five-year capital improvement plan.

(f)

Prior to issuance of a building permit, the applicant shall submit to the director a proposed plan of construction of offsite improvements for the applicable category of the capital improvements system. The proposed plan of construction shall, in accordance with the requirements of this section, include:

(1)

A list of the contemplated offsite improvements;

(2)

A legal description of any land proposed to be donated and a written appraisal prepared in conformity with subsection (f)(1) of this section;

(3)

An estimate of proposed construction costs certified by a registered professional engineer;

(4)

A proposed time schedule for completion of the proposed plan of construction;

(5)

A proposed methodology for the valuation of the requested credits in the event of subsequent increases in impact fee rates.

(g)

The director shall determine:

(1)

If a proposed plan of construction is in conformity with contemplated offsite improvements to the applicable category of the capital improvements system;

(2)

If the proposed donation and construction by the applicant is consistent with the public interest;

(3)

If the proposed construction time schedule is consistent with the village capital improvements work schedule; and

(4)

In the event of a future impact fee rate increase, how holders of credits approved since the original effective date of this article, will receive the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established; and

(5)

Upon receipt of a proposed plan of construction, the director shall determine the amount of construction credit based upon the standards of valuation set out in this section, and shall approve a timetable for completion of construction.

a.

All construction cost estimates shall be based upon, and all construction plans and specifications shall be in conformity with, the construction standards of the village. All plans and specifications shall be approved by the director prior to commencement of construction.

b.

Credits approved by the director under this section shall be subject to a credit agreement with the village council.

c.

The credit agreement shall establish, among other things, the duration for which the credits remain eligible for redemption by the village, not to exceed 20 years, as well as the impact on the value of the credits of any subsequent increases in applicable village impact fees, as required by F.S. § 163.31801(5).

d.

Any applicant shall have a right of review, pursuant to section 34-1516, of the determinations and certifications of a proposed plan of construction and the determination and valuation of the developer contribution credit by the director.

e.

If the amount of developer contribution credit for a category of capital improvement system impact fees, as determined by the director, exceeds the total amount of impact fees due by the applicant, the village council may execute with the applicant an agreement for future reimbursement of the excess of such construction credit from future receipts by the village of impact fees from that category of the capital improvement system only. Such agreement for reimbursement shall not be for a period in excess of ten years from the date of completion of the approved plan of construction, and shall provide for a forfeiture of any remaining reimbursement balance at the end of such ten-year period.

f.

A credit shall not be awarded for any contribution of land, money, or services not made directly by the applicant, including a contribution or grant made by another entity.

g.

Nothing contained in this section shall be interpreted or construed to qualify any land required as right-of-way under the village's land development regulations, or required by the county or the state, as donated land under this section.

(Ord. No. 2021-03, § 1(34-1600), 6-10-2021)

(a)

In order to ensure impact fee revenues are spent to the proportional benefit of new development, the village council has established and will maintain a separate accounting funds for each of the following categories of the capital improvement system, by benefit district:

(1)

Law enforcement facilities; and

(2)

Parks and recreation facilities.

(b)

The accounting funds shall be maintained separate and apart from each other and from all other accounts of the village. All impact fees shall be deposited into the corresponding fund immediately upon receipt.

(c)

The monies deposited into an impact fee accounting fund shall be used solely for the purpose of funding capital improvement capacity within the village, including, but not limited to:

(1)

Design and construction plan preparation;

(2)

Building construction;

(3)

Permitting;

(4)

Right-of-way and land acquisition, including all costs of acquisition or condemnation;

(5)

Construction management and inspection;

(6)

Surveying and soils and material testing;

(7)

Necessary capital equipment;

(8)

Repayment of monies transferred or borrowed from any budgetary fund of the village which were used to fund a capital improvement; and

(9)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the village to provide funds to construct or acquire capital improvements to the village's capital improvement system, in order to mitigate increased impacts generated by new residential and, as applicable, nonresidential construction.

(d)

Funds on deposit in an impact fee fund shall not be used, in whole or in part, to pay existing debt or for previously approved capital facilities, unless such expenditures are reasonably connected to and have a rational nexus with increased impacts on such facilities by new construction.

(e)

Funds on deposit in an impact fee fund shall not be used for any expenditure that would be classified as a maintenance, operation, or repair expense or to cure an existing deficiency in the capital improvement system.

(f)

Funds on deposit in an impact fee fund shall not be used for any expenditure other than for the same category of capital improvement system fee for which the fee was collected, in accordance with the impact fee study, and only within the same benefit district from which the fees were collected.

(g)

The monies deposited into an impact fee fund shall be used solely to provide additional capital improvement capacity to the village's capital improvement system required to accommodate new capital improvement impact projects, as provided in the village's five-year capital improvement plan or by agreement with Palm Beach County or other partnering agency providing capital improvements in the village impact fee benefit district.

(h)

Any monies on deposit which are not immediately necessary for expenditure shall be invested in interest bearing accounts by the village. All interest income derived from such investments shall remain or be deposited in the impact fee accounting fund on which the interest income was earned.

(i)

The impact fees collected pursuant to this article shall be returned to the applicant that paid them on the building permit if:

(1)

A building permit issued for a capital improvement impact project is revoked, expires, withdrawn, or is cancelled prior to completion of the developer's project; or

(2)

Such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the seventh anniversary of the date upon which such fees were paid.

(j)

Refunds shall be made only in accordance with the following procedure:

(1)

The applicant shall file a refund request with the director for a revoked, expired, withdrawn, or cancelled building permit within 180 days of such action or, where it is alleged that the village has not complied with subsection (i)(2) above, shall file a petition with the village council within one year following the end of the fiscal year in which occurs the date of the seventh anniversary of the payment of the impact fee by the original capital improvement impact project.

(2)

The petition for refund shall be submitted to the director and shall contain:

a.

A notarized sworn statement that the petitioner was the applicant and paid the impact fees for which a refund is sought; and

b.

A copy of the dated receipt issued for payment of the fee, or such other record as would indicate payment of the fee.

(3)

Within 90 days from the date of receipt of a complete refund request application, related to a revoked, withdrawn, cancelled, or expired building permit, or as otherwise provided by law, the director shall either approve or deny the request.

(4)

Within 60 days from the date of receipt of a petition for refund under subsection (j)(2) above, or as otherwise provided by law, the director will advise the petitioner and the village council of the status of the impact fee refund request, and, whether the impact fee paid has not been spent or encumbered within the applicable time period. If it was not, within 90 days of the petition, or as otherwise provided by law, the village council shall authorize the fees to be returned to the petitioner with interest at the average net interest rate earned by the village in the applicable impact fee accounting fund during the time such impact fee was on deposit. For the purposes of this section, fees collected are deemed to be spent or encumbered on the following basis: The first fee in shall be the first fee out.

(Ord. No. 2021-03, § 1(34-1610), 6-10-2021)

(a)

At least once every five years, the village shall update the impact fee study that provides the basis for the impact fees imposed under this article.

(b)

During years when no update occurs, as required above, and beginning in June 2022 the impact fee schedules set forth in section 34-1540 shall be adjusted annually to account for inflationary increases in the costs to the village of providing capital improvements to new development.

(c)

These annual adjustments shall be consistent with the methodology set forth in the impact fee study and shall be based on the Construction Cost Index calculated by the Engineering News-Record (ENR), the Palm Beach County Property Appraiser, the U.S. Department of Labor Consumer Price Index, and Florida Department of Transportation databases, as applicable and appropriate to a particular impact fee capital improvement system category.

(d)

After consultation with the village attorney, the director shall confirm the reasonableness of the proposed index to the impact fee rates. Based on the reference data and methodology contained in this section, the director may submit a request for the proposed indexing of the impact fee rates as a separate item in the annual budget submittal to village council for the planning, zoning and building department. If village council approves the proposed indexing of the impact fee rate as a part of the department's budget submittal, the Director shall submit a resolution for village council approval, adopting the new impact fee rates, in ordinance with procedures required by law. If village council does not adopt the proposed indexing of impact fee rates, the impact fee rate for the previous year remains in effect.

(e)

Increases in impact fee rates must comply with the developer credit provisions in section 34-1600 and must ensure the holders of any impact fee credits created under this article, but in existence before a fee increase, receive the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established, including credits granted under F.S. § 163.3180 or § 380.06 after the original effective date of this article.

(f)

On an annual basis, the director shall report to the village council as to the following:

(1)

The amount of impact fee revenues currently on account for each category of the capital improvement system for which impact fees are collected;

(2)

The amount and nature of any expenditure or encumbrance of impact fees since the prior annual report;

(3)

The status of outstanding developer credits and credit balances; and

(4)

The amount and nature of any planned expenditures or encumbrances of impact fees prior to the next annual report.

(g)

Audits of the village's financial statements, which are performed by a certified public accountant pursuant to F.S. § 218.39, and submitted to the auditor general, must include an affidavit signed by the finance director, stating that the village has complied with the requirements of F.S. § 163.31801.

(h)

In addition to the items that are reported in the annual financial reports under F.S. § 218.39 and subsection (g) above, the village will issue a report on impact fees that includes the following data:

(1)

The specific purpose of the impact fee, including the specific infrastructure needs to be met, for each category of impact fee collected pursuant to this article.

(2)

The impact fee schedule policy describing the method of calculating impact fees, such as flat fees, tiered scales based on number of bedrooms, or tiered scales based on square footage, as set out in the impact fee study.

(3)

The amount assessed for each purpose and for each type of dwelling.

(4)

The total amount of impact fees charged by type of dwelling.

(5)

Each exception and waiver provided for construction or development of housing that is affordable.

(Ord. No. 2021-03, § 1(34-1620), 6-10-2021)

Nothing in this article shall limit or modify the rights of any person to complete any development for which a lawful building permit was issued prior to the effective date of this article and on which there has been a good faith reliance and a substantial change of position.

(Ord. No. 2021-03, § 1(34-1630), 6-10-2021)

Violations of this article may be punished as provided in section 34-572 of the Village Code. Additionally, the county may obtain an injunction or other legal or equitable relief in the circuit court against any person violating this article.

(Ord. No. 2021-03, § 1(34-1640), 6-10-2021)

(a)

Final decisions of the director, or his or her designee, under this article are subject to appeal. An appeal must be filed with the village clerk within 30 days of the date of the final decision to be appealed. Any appeal not timely filed as set forth above shall be waived. The village council shall hear the appeal. The hearing shall occur within 30 days of the receipt of the appeal, unless waived by the appellant, and a written decision shall be rendered within 20 days of the hearing.

(b)

Nothing in this section shall affect the remedies the village has available under applicable law.

(Ord. No. 2021-03, § 1(34-1650), 6-10-2021)

The village will provide notice of not less than 90 days before the effective date of adoption of this division and any revisions or any resolution increasing impact fee rates or adopting new impact fee rates.

(Ord. No. 2021-03, § 1(34-1660), 6-10-2021)