(1) Any person seeking an application for development of property, as defined in section 3.900(4), within any reimbursement district shall pay to the City, in addition to any other applicable fees and charges, the reimbursement fee established by the Council, together with the annual fee adjustment, if any. The obligation to pay the reimbursement fee is applicable to an application for development, as defined herein, which is filed after the date of the resolution forming the reimbursement district.

(2) The City’s determination of who shall pay the reimbursement fee is final. Neither the City nor any officer or employee of the City shall be liable for payment of any reimbursement fee, annual fee adjustment, or portion thereof as a result of this determination.

(3) A person whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this ordinance is intended to modify or limit the authority of the City to provide or require access management.

(4) No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for a different type of improvement. No permit shall be issued for any development unless the reimbursement fee, together with the annual fee adjustment, has been paid in full. Where approval is given as specified in section 3.910(1), but no permit is requested or issued, the requirement to pay the reimbursement fee lapses if the underlying approval lapses.

(5) The date when the right of reimbursement ends shall not extend beyond ten (10) years from the district formation date.