Development Impact Fees. Owner shall pay for all development impact fees that are designed to pay for new or expanded public facilities needed to serve, or to mitigate the adverse effects of, a given development project (including any species protection or habitat preservation or conservation mitigation fees) that are in effect at the time such fees are due and payable during the development process.
Development Impact Fees. Exactions and Dedications; Vesting in Existing Fee Schedule 11 7.3.4.1 General 11 7.3.4.2 Vesting, Term 11 7.3.4.3 Adjustment of the Applicable Fees 11
Development Impact Fees. Development impact fees or charges imposed by the City on and in connection with a development or other similar fees or charges imposed by other governmental entities regardless of whether the City is required to collect or assess such fees pursuant to applicable laws (e.g., school district impact fees pursuant to Government Code Section 65995)..
Development Impact Fees for purposes of this Agreement, “Development Impact Fees” means the following development fees and amounts due for or in connection with the development of the Property: Development Impact Fee Estimated Amount
Development Impact Fees. Except as otherwise provided in this Agreement, only those Development Impact Fee in effect as of the Effective Date and as described on attached Exhibit B may be applied to the Project or the Property. All Project Development Impact Fees will be paid at the time the City issues certificates of occupancy unless otherwise noted in this Agreement. Any increase in a Development Impact Fee can be challenged by Owner, pursuant to City ordinance and state law. The Parties acknowledge that the provisions contained in this paragraph 3.4, and as set forth in Exhibit B, are intended to implement the intent of the Parties that Developer has the right to develop the Project pursuant to specified and known criteria and rules, and that the City receive the benefits which will be conferred as a result of such Development without abridging the right of the City to act in accordance with its powers, duties and obligations, except as specifically provided in this Agreement.
Development Impact Fees. The Development Impact Fees set forth in Exhibit "D" shall be frozen for a period of five (5) years from the Effective Date ("DIF Freeze Period"). After the termination of the DIF Freeze Period, the Project shall pay applicable Development Impact Fees at the time and rate in effect for all similar development within the City.
Development Impact Fees. Developer shall pay to City all applicable “Development Impact Fees” which are in effect as of the Effective Date. A complete list of these applicable Development Impact Fees is attached as Exhibit B. Further, in the event Developer applies for multiple grading or building permits covering portions or phases of the Project, Developer shall only pay those Development Impact Fees applicable to the portion or phase of the Project covered by the issued permit.
Development Impact Fees. In consideration for the agreements of the County in this Amended Agreement, the Developers agree that the Project Sites shall be subject to all impact fees of the County or any other special service distric which are (1) imposed at the time of issuance of building permits, and (2) generally applicable to other property in the Snyderville Basin; and, Developers waive their position with respect to any vested rights to the imposition of such fees, but shall be entitled to similar treatment afforded other vested projects if the impact fee ordinance makes any such distinction. If fees are properly imposed under the preceding tests, the fees shall be payable in accordance with the payment requirements of the particular impact fee ordinance and implementing resolution. Notwithstanding the agreement of the Developers to subject The Canyons SPA Plan to impact fees under the above-stated conditions, the Developers do not waive Developers' rights under any applicable law to challenge the reasonableness of the amount of the fees within thirty (30) days following imposition of the fees on The Canyons SPA Plan based upon the application of the Rational Nexus Test. For purposes of this Amended Agreement, the Rational Nexus Test shall mean and refer to a standard of reasonableness whereby The Canyons SPA Plan and Property shall not bear more than an equitable share of the capital costs financed by an impact fee or exaction in relation to the benefits conferred on and impacts of The Canyons SPA Plan. The interpretation of "rational nexus" shall be governed by the federal or Utah case law and statutes in effect at the time of any challenge to an impact fee or exaction imposed as provided herein including, but not limited to, the standards of Banberry Development Corp.
Development Impact Fees. The Authority shall not impose a development impact fee unless it also imposes a sales or use tax or an ad valorem tax pursuant to this agreement, or both and in the manner established by C.R.S. § 29-1-204.5, as it may be amended from time to time. No development impact fee imposed by the Authority shall be imposed on the development, construction or permitting of low- or moderate-income housing or affordable employee housing. No impact fee shall be imposed by the authority without the prior written consent of the governing party or parties having jurisdiction over the property on which the impact fees are imposed. Any development impact fee imposed by the Authority shall not exceed the rate of two dollars ($2.00) per square foot of gross floor area of any building constructed thereon.
Development Impact Fees. Nothing in this Agreement shall be construed as a waiver or reduction of development impact fees properly adopted by the Town pursuant to A.R.S. § 9-463.05 and applicable to the Subject Property.
