(A) Term. The Fee shall remain in effect until the principal and interest on the City’s water and sewer revenue bonds issued to finance the Project are repaid in full or until such Fee is repealed, amended or modified by the Governing Body in accordance with applicable law.

(B) Annual Review. At least once each year prior to Governing Body adoption of the annual fiscal year budget and capital improvements program, the City shall prepare a report summarizing the Fee income received during the preceding year, the annual and cumulative acreage for which the Fee has been paid, the number of connections to the Project from the Area, the level of subdivision activity in the Area, any changes in the design, engineering or provision of the potable water system and any prospective changes in the Area that would affect the provision of potable water service.

(C) Type of Development Affected.

(D) Type of Development Not Affected. Applications for building permits, certificates of occupancy, for rezoning of property, for subdivision approval and for the use of land, such as agriculture, which do not require potable water service, shall not be required to pay the Fee at the time of such applications; provided, however, that when applications for connection permits to the potable water system are made with respect to such properties, Fee payment will be required and shall be a condition precedent to such connection.

(E) Effect of Fee Requirement and Payment on Land Use. Neither the requirement for payment of the Fee nor the actual Fee payment shall affect in any way the permissible use of property, the permissible density/intensity of development, applicable design and improvement standards or otherwise applicable City land use and development regulations, all of which shall be operative and remain in full force and effect without limitation. This Fee payment requirement is a separate, independent and additional requirement. (Ord. 09-66 § 1, 2009.)