SEC. 420.4. IMPOSITION OF REQUIREMENTS.

(a) Determination of Requirements. The Department shall determine the applicability of Section 420.1 et seq. to any development project requiring a first construction document and, if Section 420.1 et seq. is applicable, the net addition of gross square feet of residential use subject to its requirements, and shall impose the fee requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. Prior to issuance of the building or site permit for a development project subject to Section 420 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of any fee requirements, including any fee credits for in-kind improvements, in addition to the other information required by Section 402(b) of this Article.

(c) Development Fee Collection Unit Notice to Department. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 420.1 et seq. that has elected to satisfy its fee requirement with credits-in-kind improvements. If the Department notifies the Unit at such time that the sponsor has not satisfied the in-kind improvements requirements of Section 420.3, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance.

(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 420.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 55-11, File No. 101523, App. 3/23/2011)