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AMENDED Agenda Packet 11-26-18 Meeting
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AMENDED Agenda Packet 11-26-18 Meeting
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management facilities or in anticipation of the issuance of such a <br />permit at the time of levying a local improvement district <br />assessment for wastewater sewer or stormwater management <br />facility. <br />(2) If development is commenced without an appropriate permit or <br />connection is made to the water system, wastewater sewer system or <br />stormwater management facility without an appropriate permit, the <br />systems development charge is immediately payable upon the earliest <br />date that a permit was required. <br />(3) The city manager or the manager's designee shall collect the systems <br />development charges from the permittee. The city manager or the <br />manager's designee shall not issue any permit or allow connection <br />described in subsection 7.720(1) until the charge has been paid in full <br />or until provision for installment payments has been made within the <br />limits prescribed in subsection 7.190(2). <br />(4) Except as provided in this subsection, the obligation to pay the unpaid <br />systems development charge and interest thereon shall be secured by <br />a lien against the property upon which development is to occur. Such <br />liens shall arise upon issuance of the permit requiring the system <br />development charge and shall be entered on the city's lien docket and <br />the debt secured thereby may be collected in the same manner as <br />allowed by law for street improvement assessment liens. In lieu of such <br />lien, upon application of the permittee the obligation to pay the unpaid <br />systems development charge and interest thereon may be secured by <br />property, bond, deposits, letter of credit or other security acceptable to <br />the city manager or the manager's designee. <br />(5) When the obligation to pay the unpaid systems development charge is <br />imposed at the time of levying a local improvement district assessment <br />for wastewater sewer or of paying an equivalent assessment for <br />wastewater sewer and the obligation is secured by a lien against the <br />real property being developed, the person paying the systems <br />development charge in installments may apply for deferral of the <br />payments as provided in section 7.195. <br />(6) Except as provided in this subsection, SDC fees paid are not <br />refundable and, in the case of an agreement to pay SDCs in <br />installments, the terms of the agreement may not be modified. A partial <br />refund of SDC fees will be made or a modification of an installment <br />agreement will be allowed when an active development permit is <br />canceled or expires without being used, a change of design of an active <br />development permit is approved that results in a less intense use of the <br />property, or property previously developed as a manufactured home <br />park is partitioned and redeveloped. No portion of the administrative <br />[fees]charge will be refunded, and [an] additional [administrative <br />charge] review fees may be imposed to cover the cost of calculating <br />and processing the partial refund. <br />(7) The SDC methodology adopted under section 7.710 of this code <br />November 26, 2018, Meeting - Item 4
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