(1) After adoption of the applicable methodology, a systems development charge is payable upon issuance of:
(a) A building permit;
(b) A development permit for development not requiring the issuance of a building permit; or
(c) A permit to connect to the water, wastewater sewer or stormwater management facilities or in anticipation of the issuance of such a permit at the time of levying a local improvement district assessment for wastewater sewer or stormwater management facility.
(2) If development is commenced without an appropriate permit or connection is made to the water system, wastewater sewer system or stormwater management facility without an appropriate permit, the systems development charge is immediately payable upon the earliest date that a permit was required.
(3) The city manager or the manager’s designee shall collect the systems development charges from the permittee. The city manager or the manager’s designee shall not issue any permit or allow connection described in subsection 7.720(1) until the charge has been paid in full or until provision for installment payments has been made within the limits prescribed in subsection 7.190(2).
(4) Except as provided in this subsection, the obligation to pay the unpaid systems development charge and interest thereon shall be secured by a lien against the property upon which development is to occur. Such liens shall arise upon issuance of the permit requiring the system development charge and shall be entered on the city’s lien docket and the debt secured thereby may be collected in the same manner as allowed by law for street improvement assessment liens. In lieu of such lien, upon application of the permittee the obligation to pay the unpaid systems development charge and interest thereon may be secured by property, bond, deposits, letter of credit or other security acceptable to the city manager or the manager’s designee.
(5) When the obligation to pay the unpaid systems development charge is imposed at the time of levying a local improvement district assessment for wastewater sewer or of paying an equivalent assessment for wastewater sewer and the obligation is secured by a lien against the real property being developed, the person paying the systems development charge in installments may apply for deferral of the payments as provided in section 7.195.
(6) Except as provided in this subsection, SDC fees paid are not refundable and, in the case of an agreement to pay SDCs in installments, the terms of the agreement may not be modified. A partial refund of SDC fees will be made or a modification of an installment agreement will be allowed when an active development permit is canceled or expires without being used, a change of design of an active development permit is approved that results in a less intense use of the property, or property previously developed as a manufactured home park is partitioned and redeveloped. No portion of the administrative charge will be refunded, and additional review fees may be imposed to cover the cost of calculating and processing the partial refund.
(7) The SDC methodology adopted under section 7.710 of this code may require that a proposed development be reviewed by the city in order to determine whether the proposed development will result in an increase in the usage of any capital improvement or will create the need for additional capital improvements. Development that will have such an impact will be charged SDCs and associated administrative charges. If this review determines that the development will not have such an impact, then only a review fee may be imposed for this review.