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The utility system development charge which shall be assessed against any property that has not participated in the development of the storm water management system shall be in the amount set forth in Chapter 2.50 of this code.

A. Fees are incurred at the time in which application for a building or construction permit is made by the owner of the property or its agent;

B. Fees are due immediately, notwithstanding the prior subsection A of this section, if the party owing the fee sells to a third party, unless the third party agrees to pay the charge, in writing, with the amount owing to the city set forth in that writing, and further the city agrees that the third party shall be responsible for that fee after determining that such an agreement would be in the city’s best interest. The burden of establishing that the agreement would be in the city’s best interest would be on the party owing the fee and not on the city;

C. When the phrase “property which has not participated in development of the system” is used in this section, it shall mean property which has not paid a utility systems development charge. Property that was improved before the effective date of the ordinance codified in this section is exempted from the system development charge. Any rebuilding, change in use or additions to exempted property that does not require additional storm water management will not trigger a new system development charge. However, when property is redeveloped or the use changed or intensified a system development charge shall be paid. (Ord. 947-04 § 2).