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A. A person applying for a permit related to property within a Reimbursement District shall pay to the City, in addition to all other applicable fees and charges, the Reimbursement Fee established by the City Council under the terms of this Ordinance if, within the time specified in the Resolution establishing the District, the person applies for and receives approval from the City for any of the following activities:

1. A building permit for a new building or a permit for an addition, modification, repair or alteration to an existing building exceeding 25% of the value thereof within any 12-month period (not due to damage or destruction of the building by fire or natural disaster). “Value” as used above means the amount shown on the County’s Department of Assessment and Taxation for the building’s Real Market Value;

2. Any alteration, modification or change in the use of real property, which increases the number of parking spaces required under the Ashland Municipal Code in effect at the time of permit application;

3. Connection to or use of a water, sanitary sewer, storm water or street improvement, if the district is based on that improvement.

B. The obligation to pay the reimbursement fee arises and accrues as of the time property within the District utilizes the affected Public Improvement regardless of whether a person applies for and/or receives a permit connected with that utilization.

C. The City Council’s determination of which properties shall be liable for payment of the fee is final. Neither the City nor any officer or employee of the City shall be liable for payment of any reimbursement fee or portion thereof as a result of this determination.

D. A permit applicant 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.

E. 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.

F. The right to reimbursement shall not extend beyond ten (10) years from the District’s formation date, subject to renewal at the option of the Council for one additional ten (10) year period. (Ord. 3042, added, 12/21/2010)