Clay County |
Code of Ordinances |
Chapter 16. PLANNING AND DEVELOPMENT |
Article V. ROAD IMPACT FEES |
Division 3. MISCELLANEOUS PROVISIONS |
§ 16-101. Exemptions.
Subject to the changes of size and use provisions in section 16-104 hereof, the following shall be exempted from payment of the road impact fee:
(1)
Alterations, expansion or replacement of an existing dwelling unit which does not increase the number of families for which such dwelling unit is arranged, designed or intended to accommodate for the purpose of providing living quarters.
(2)
Subject to section 16-104(1), the alteration or expansion of a building if the building use upon completion does not increase the number of external trips under the applicable road impact fee rate which were initially attributed to the building.
(3)
The replacement of a building or the construction of an accessory building or structure if the replacement building or accessory building or structure does not result in a land use generating greater external trips under the applicable road impact fee rate. In the event of a replacement of the primary building, the existing and replacement structures must be located on the same lot and the electrical power clearance for such replacement must occur within five (5) years of the date the previous building was previously occupied.
(4)
The issuance of a tie-down permit on a mobile home on which applicable road impact fees have previously been paid for the lot upon which the mobile home is to be situated. The electrical power clearance must be secured for the replacement mobile home within five (5) years of the date the previous mobile home was occupied.
(5)
Government buildings or facilities. The county is ultimately responsible for funding all road capital improvement plan projects for which impact fee payments will be collected including any shortfalls. in the event a county proposed development or the county school board school facility development would cause the level of service standard on a roadway or link on the major roadway network to fall below the minimum accepted level as determined under the county's concurrency management system, then the proposed development and the cumulative number of trips from it will be analyzed and included in the total modeled capacity available. Neither the county nor the county school board will be required to pay road impact fees in order to proceed with their respective proposed development.
(Ord. No. 2008-11, Art. III, § 3.01, 2-26-08; Ord. No. 2008-30, Art. III, § 3.01, 7-22-08; Ord. No. 2017-30, Art. III, § 3.01, 9-26-17)