§ 62-926. Imposition of educational facilities impact fee.

(a)

Any person who applies for a building permit for a new single-family detached residence, attached residential dwelling, manufactured home or mobile home after the effective date of this division shall be required to pay an educational facilities impact fee in the manner and amount set forth in this division.

(b)

Unless a municipality has entered into an interlocal agreement with the county obligating the municipality to require the person applying for a municipal building permit to obtain an educational facilities impact fee proof of payment receipt from the county prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, no building permit shall be issued for a new single-family detached residence, new attached residential dwelling, manufactured home or mobile home until the educational facilities impact fee has been paid to the county as required by section 62-928.

(c)

Unless a municipality has entered into an interlocal agreement with the county obligating the municipality to require the person applying for a municipal building permit to obtain an educational facilities impact fee proof of payment receipt from the county prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, a municipality accepting a building permit application shall be responsible for requiring the applicant to obtain an educational facilities impact fee proof of payment receipt from the county and present it to the municipality prior to the issuance of the building permit. A municipality shall be responsible for paying the educational impact fee for any property where that municipality has failed to obtain an educational facilities impact fee proof of payment receipt prior to the issuance of a building permit and, as a result of those actions, has caused the county to be unable to collect the educational facilities impact fee that would have otherwise been payable for that property.

(d)

Unless a municipality has entered into an interlocal agreement with the county obligating the municipality to require the person applying for a municipal building permit to obtain an educational facilities impact fee proof of payment receipt from the county prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, every city accepting a building permit application shall be responsible for collecting and transmitting to the county all documentation necessary to establish an exemption from the required payment of an educational fee in accordance with the provisions of this division.

(e)

Unless a municipality has entered into an interlocal agreement with the county obligating the municipality to require the person applying for a municipal building permit to obtain an educational facilities impact fee proof of payment receipt from the county prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, every municipality shall provide the county with a report on or before the fifteenth day of each month that identifies all building permits issued by the municipality for new single family detached residences, new attached residential dwellings, manufactured homes or mobile homes during the preceding month.

(Ord. No. 04-34, § 1, 8-10-04)