§ 39.05. Police impact fee imposition.

(A)

The purpose of this section is to ensure that all new development bears its proportionate share of the infrastructure costs they impose on the community. The Village Commission declares that the goal of this section is the establishment of a uniform and consistent method of determining and allocating the cost for police facilities and equipment.

(B)

Except as provided herein, any application for a building permit for development activity within an area served by the Village shall be subject to the imposition of a police impact fee in the manner and amount set forth in this article. No building permit shall be issued by the Village unless and until the owner/applicant has paid such impact fee.

(C)

When a final subdivision plan is a condition of development, a portion of the impact fee, as provided herein, shall be imposed prior to the Village's approval of the final subdivision plat. At the time the Village Commission approves a plat, the owner/applicant shall pay to the Village 25 percent of the estimated police impact fees due to the Village. This amount shall be due 30 days after the Village Commission plat approval and shall be applied as a credit against the total amount of the impact fees due upon application for a building permit. The remaining fees shall be payable at the time each building permit is issued. No building permit shall be issued by the Village unless and until the owner/applicant has paid such impact fee.

Police impact fee formula. The police impact fee schedule shall be as follows:

Type of Building Usage	Impact Fee
Single-Family Detached	$570.00 per unit
Multi-Family	$429.00 per unit
Hotel/Motel	$286.00 per unit
Retail/Commercial	$696.00 per 1,000 sq. ft.
Office/Institutional	$279.00 per 1,000 sq. ft.
Industrial	$167.00 per 1,000 sq. ft.
Warehouse	$105.00 per 1,000 sq. ft.

 

(D)

Adjustment formula and escalation provisions. The Village shall automatically adjust the charges set forth herein annually, effective January 1, 2009. Automatic escalations shall be four percent per year to cover the annual interest rate and increased operations and maintenance requirements.

(E)

Collection of fees. Except as provided in subsection (B), the fee shall be paid to the Building Department prior to the issuance of a building permit for each unit. All monies shall be deposited in the Village's Police Improvement Trust Fund and used solely for the purposes specified herein.

(F)

Exemptions. The following exemptions from the required fees shall be permitted:

(1)

Alterations of an existing building, which will not result in an increase in the number of residential units.

(2)

The replacement of a building or structure, which exists at the time of passage of this section, with a new building or structure with the same number of units.

Any claim of exemption must be made no later than the time that the applicable impact fee is due. Any claim not so made shall be deemed waived.

(3)

Except as provided in subsection (C), credit against impact fees otherwise due will not be provided until the construction is completed and accepted by the Village in accordance with Village Standards.

Any claim for credit must be made no later than the time that the applicable impact fee is due (at the time of issuance of a building permit or development order). Any claim not so made shall be deemed waived. Credits shall not be transferable from one project or development to another. Credits shall not be transferable from one component of the police impact fee to another component of the impact fee.

Determinations made by the Village Manager or his designee pursuant to the credit provisions of this section may be appealed to the Village Commission by filing a written request with the Village Manager within ten days of the Village Manager's determination.

(G)

Refunds. Any funds not expended or encumbered by the calendar quarter immediately following ten years from the date the impact fee was paid, may, upon application of the then current owner, be refunded to such owner, provided that the owner submits an application for a refund to the Village 60 days from the expiration of the ten-year period.

(H)

In addition to the police impact fees as set forth above, each fee payer shall pay to the Village a non-refundable general administrative charge in the amount of seven and one-half percent of the fees for the processing of all materials relating to improvements to police facilities and equipment.

(I)

Transition. Any building under construction at the time of the adoption of the revisions to this ordinance, which has not paid impact fees as provided in this revised ordinance shall pay the difference between the amount already paid and the amount which would be due under this revised ordinance prior to the issuance of a final Certificate of Occupancy.

(Ord. No. 2015-008, § 2, 5-15-15)