§ 54-135. Payment.

(a)

Except as otherwise provided in this article, prior to the issuance of a building permit for a road impact construction, an applicant shall pay the road impact fee set forth in section 54-133 directly to the city.

(b)

The payment of the road impact fee shall be in addition to all other fees, charges or assessments due for the issuance of a building permit.

(c)

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

(d)

In the event that a building permit issued for a road impact construction expires prior to completion of the construction for which it was issued, the applicant may, within 90 days of the expiration of the building permit, apply for a refund of the road impact fee. Failure to timely apply for a refund of the road impact fee shall waive any right to a refund.

(1)

The application for refund shall be filed with the city manager and contain the following:

a.

The name and address of the applicant;

b.

The location of the property which was the subject of the building permit;

c.

The date the road impact fee was paid;

d.

A copy of the receipt of payment for the road impact fee; and

e.

The date the building permit was issued and the date of expiration.

(2)

After verifying that the building permit has expired and that the road impact construction has not been completed, the city manager shall refund the road impact fee paid for such road impact construction.

(3)

A building permit which is subsequently issued for a road impact construction on the same property which was the subject of a refund shall pay the road impact fee as required herein.

(Ord. No. 07-23, § 4.06, 12-17-2007)