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 development of the Property1: Development Impact Fee Estimated Amount CAPITAL FACILITY FEE SOUTHWEST AREA DEVELOPMENT IMPACT FEE SOUTHEAST AREA DEVELOPMENT IMPACT FEE UTILITY FEES (WATER AND WASTEWATER FEES) PARK FEES PUBLIC ART IN PRIVATE DEVELOPMENT IN-LIEU FEE FARMERS LANE EXTENSION FEE The actual development impact fees for this Project, as well as the total amount to be paid to the City pursuant to this Agreement, shall be imposed at the rate in effect at the time the building permit(s) is issued. Upon issuance of the building permit(s) for the Project, the City will issue a “final pending receipt of fees” setting forth the actual amount of the Development Impact Fees subject to payment hereunder (the “Fee Amount”). Acceptance of the building permit(s) shall be deemed acceptance of the Fee Amount in the amount set forth in the final pending receipt of fees, which by this reference shall be incorporated herein as part of this Agreement.
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. 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. Except as otherwise specifically set forth in this Article 3 or otherwise herein, Developer shall only pay to City those legally enforceable development impact fees and exactions which are in effect as of the Effective Date. A complete list of these applicable development impact fees and exactions is attached as DA Exhibit C. Developer may elect to defer certain fees consistent with City’s Fee Deferral Program in force and effect as of the Effective Date. 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(or prepare such study or studies) applicable to the portion or phase of the Project covered by the issued permit. However, during the Term of this Agreement, except as specifically set forth in this Agreement or the Project Approvals, Developer shall pay those periodic cost of living or similar indexed increases, decreases or adjustments to such fees and exactions as are applicable and in effect at the time such fees or exactions would otherwise be payable to City.
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. v. South Jordan County, or its successor case law.
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.
