2006 Code of Virginia § 15.2-2323 - When impact fees assessed and imposed

15.2-2323. When impact fees assessed and imposed.

The amount of impact fees to be imposed on a specific development orsubdivision shall be determined before or at the time the site plan orsubdivision is approved. The ordinance shall specify that the fee is to becollected at the time of the issuance of a certificate of occupancy. Theordinance shall provide that fees (i) may be paid in lump sum or (ii) be paidon installment at a reasonable rate of interest for a fixed number of years.The locality by ordinance may provide for negotiated agreements with theowner of the property as to the time and method of paying the impact fees.

The maximum impact fee to be imposed shall be determined (i) by dividingprojected road improvement costs in the service area when fully developed bythe number of projected service units when fully developed, or (ii) for areasonable period of time, but not less than ten years, by dividing theprojected costs necessitated by development in the next ten years by theservice units projected to be created in the next ten years.

The ordinance shall provide for appeals from administrative determinations,regarding the impact fees to be imposed, to the governing body or such otherbody as designated in the ordinance. The ordinance may provide for theresolution of disputes over an impact fee by arbitration or otherwise.

No impact fees shall be assessed or imposed upon a development or subdivisionif the subdivider or developer has proffered conditions pursuant to 15.2-2298 or 15.2-2303 for off-site road improvements and the profferedconditions have been accepted by the local government.

(1989, c. 485, 15.1-498.6; 1992, c. 465; 1997, c. 587.)