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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />Ka <br />C. The fee shall be assessed one time per lot or parcel, except in cases of phased <br />construction. In such cases, each grading permit shall require the payment of mitigation fees. No refunds <br />shall be provided for changes in land use to a lower fee category. It shall be the responsibility of the <br />applicant to provide documentation of any previously paid fee. <br />D. The mitigation fee required to be paid under this chapter shall be the fee in effect at the <br />time of payment. <br />E. There shall be no deferment of the fee beyond final inspection or issuance of certificate(s) <br />of occupancy. <br />F. Notwithstanding anything in the city's municipal code, or any other written <br />documentation to the contrary, the mitigation fee shall be paid whether or not the project is subject to <br />conditions of approval by the city imposing the requirement to pay the fee. <br />G. If all or part of the project is sold prior to payment of the local development mitigation <br />fee, the project shall continue to be subject to the requirement to pay the fee as provided herein. <br />3.46.080 Collection, Accounting and Disbursement of Mitigation Fees. <br />The mitigation fees collected pursuant to this chapter shall be placed in a separate fund, each of <br />which may be further segregated by specific projects. The fund, and interest earned thereon, shall be <br />expended solely for the acquisition of the habitat land identified in the WVHCP, reimbursement for the <br />acquisition of those lands, or for transmittal to the designated management entity, Riverside Land <br />Conservancy (RLC), to fund restoration and long-term stewardship costs identified in the WVHCP, <br />Conservation Easements and Memorandum of Understanding with RLC.. <br />3.46.090 Mitigation Fee Credit. <br />A. The owner of a parcel of property otherwise required to pay a fee pursuant <br />to this chapter may receive a credit for the corresponding mitigation fee when that owner donates <br />land identified as suitable for habitat, as identified in the WVHCP. The mitigation fee credit shall <br />23152.06000\9686953.1 - 7 - <br />