§ 159.505. Economic development impact fee mitigation program application.

(A)

Any Applicant seeking an economic development impact fee waiver shall file an application for waiver with the City Manager prior to the issuance of the building permit for the subject capital facilities impact construction. The application shall contain:

(1)

A designation of the capital facilities impact construction for which the application is being submitted, including a current and complete legal description of the property upon which the Qualified Target Industry Business is proposed to be located;

(2)

The name and address of the owner of the property upon which the Qualified Target Industry Business is proposed to be located;

(3)

Proof that the capital facilities impact construction will be a Qualified Target Industry Business;

(4)

A notarized affidavit and all necessary supporting evidence affirming that the applicable requirements of section 159.504 will be met within one year of the date the certificate of occupancy is issued which term may be extended by the City Council upon good cause shown; and

(5)

Other necessary information as determined by the City Manager.

(B)

Any Applicant who submits an application for economic development impact fee mitigation pursuant to this section and desires the immediate issuance of a building permit prior to approval of the application shall pay the impact fees imposed by Chapter 159 of the Code. Should the City Council approve and accept the mitigation application, the mitigation amount shall be refunded to the Applicant or owner.

(C)

If the City Manager finds that the Applicant meets the requirements provided herein for mitigation, the City Manager shall agenda an impact fee mitigation agreement before the City Council, which shall contain, but not be limited to, the City impact fee mitigation application for Qualified Target Industries and any other documents as requested by the City Manager. Since this is not an entitlement program and instead is discretionary, policy-making decision involving the allocation of public resources, the City may reject the request for mitigation for any reason, including fiscal and practical budgetary considerations.

(D)

Any request for economic development impact fee mitigation must be submitted to the City by the Applicant prior to the Applicant deciding whether or not they will expand or locate in the City.

(Ord. No. 17-80, § 2, 11-27-17)