(1) Non-Residential and Residential 2+ Units. For 24 months after the date of the approval of a site plan for non-residential development, including Commercial, Industrial, Office and Other Service and Institutional, and/or Residential 2+ development, or if no site plan is required, from the date of the approval of a final subdivision plat for such development, new development fees adopted during the 24-month period and the increased portion of a development fee modified during the 24-month period shall not be assessed against such development that occurs pursuant to the approved site plan or final subdivision plat. The 24-month period shall not be extended by a renewal or amendment of the site plan or the final subdivision plat that was the subject of the approval.

(2) Residential – Single Unit. For 24 months after the date the first building permit is issued for a residential Dwelling Unit pursuant to an approved subdivision plat, new development fees adopted during the 24-month period and the increased portion of a development fee modified during the 24-month period shall not be assessed against the residential development that occurs pursuant to the approved final subdivision plat. The 24-month period shall not be extended by a renewal or amendment of the first building permit or the final subdivision plat that was the subject of the approval.

(3) Notwithstanding the foregoing, if after the approval of a site plan or subdivision plat that triggers the 24-month exemption is changed and the change results in an increase in the number of Development Units, the City may assess the new and/or modified development fees against the additional Development Units.

(4) Prior Payment. New development fees adopted and the increased portion of a development fee modified shall not be assessed if development fees have been paid pursuant to a building permit that has not expired, been terminated or otherwise closed out, unless there has been a change in a prior development approval that results in an increase in the number of Development Units either by an increase in the size or utility requirements or by a change in occupancy in which case, the City may assess the new and/or modified development fees against the additional Development Units. (Ord. 19-1416, passed 1-14-2019)