Impact Fee Collection Clause Samples

Impact Fee Collection. In order to obtain the availability and use of the Capital Facilities developed and operated pursuant to this Agreement and other benefits contemplated by this Agreement, each Municipal Customer agrees that it will cooperate with and assist the District in collecting the District’s Impact Fees in connection with the approval of Development Activity within the Municipal Customer’s jurisdiction as provided in Section 8.9.1. To that end, each Municipal Customer agrees that it will not approve and release for recording any Development Activity (including, but not limited to, final plat approval, amended plat approval, site plan approval or changes in permitted or conditional uses) or issue any building permit until the Municipal Customer receives written confirmation that the Impact Fee has been paid to the District or arrangements have been made for the Impact Fee to be paid at the appropriate time. An adjustment to the Impact Fee may be requested in accordance with the Impact Fees Act. The Municipal Customer shall not permit a New Connection to its water system without payment of the Impact Fee. If the Municipal Customer approves and releases for recording Development Activity before the Impact Fee has been paid or arrangements have been made for the Impact Fee to be paid at the appropriate time, or if the Municipal Customer permits a New Connection to its water System without payment of the Impact Fee, the Municipal Customer shall be liable for payment of the Impact Fee. Subject to the requirements of the Impact Fee Act, the Impact Fee shall be separately determined for connections of different types and on such basis as will, in the District’s judgment, equitably apportion the Impact Fee Facilities Costs as set forth in the IFFP. In establishing the Impact Fee, the District may consider meter size, Equivalent Residential Connections and such other characteristics as the District may determine to achieve an equitable allocation of costs. To assist the District in charging the appropriate Impact Fee, the Municipal Customer shall use a methodology approved by the District to determine the Equivalent Residential Connections for commercial, industrial, institutional, governmental and non-typical residential development.