BUSAN METROPOLITAN CITY ORDINANCE ON IMPOSITION AND COLLECTION OF IMPACT FEES FOR METROPOLITAN TRANSPORTATION FACILITIES : City Government

Wholly Amended by Ordinance No. 4477, Feb. 17, 2010

Article 1 (Purpose)
The purpose of this Ordinance is to prescribe matters mandated by the Special Act on the Management of Intercity Transport in Metropolitan Areas and by the Enforcement Decree of that Act as well as to prescribe matters necessary for the enforcement thereof.

Article 3 (Notice of Payment)
A notice of payment under Article 17 (1) of the Enforcement Decree of the Special Act on the Management of Intercity Transport in Metropolitan Areas (hereinafter referred to as the "Decree") shall be as specified in attached Form 1.

Article 4 (Extension of Payment Deadline)
Where a person who is obliged to pay finds it difficult to pay the impact fees under Article 17 (3) of the Decree, the person shall submit to the Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") an application for an extension of the deadline for payment using attached Form 2 by the deadline.

Article 5 (Payment in Installments)
(1) An application for payment in installments under Article 17 (4) of the Decree shall as specified in attached Form 3.
(2) Upon receipt of an application for payment in installments under Article 17 (4) of the Decree where the impact fees are at least KRW100 million, after reviewing the grounds for such application, the Mayor may allow payment in installments to be made in the following order:
- 1. 1st installment: 30/100 of the impact fees shall be paid within one year from the initial imposition date;
- 2. 2nd installment: 40/100 of the impact fees shall be paid within two years from the initial imposition date;
- 3. 3rd installment: The deadline for this installment payment is the date requested by the person obliged to pay, while such date shall fall within the project period specified in a written approval or a written authorization for the project; and the payment amount shall be 30/100 of the impact fees.
(3) Where a completion inspection or pre-use inspection is conducted for the project within the deadline for payment in installments, the impact fees shall be fully paid by the date of such inspection, notwithstanding paragraph (2).
(4) The Mayor may revoke payment in installments where the person obliged to pay fails to make an installment payment by the deadline specified in the reminder under Article 11-4 (3) of the Act.

Article 6 (Application for Objection)
An objection under Article 11-5 (1) of the Act shall be as specified in attached Form 4.

Article 7 (Submission of Detailed Statement)
Where the head of a relevant administrative agency issues a notification as to the formulation of a plan for projects under any subparagraph of Article 11 of the Act, or as to completion of construction, or relevant approval, authorization, permission, completion inspection, or pre-use inspection under Article 15 (3) of the Decree, the head shall also submit a detailed statement using attached Form 5 or 6.

Article 8 (Special Account for Metropolitan Transportation Facilities)
(1) The Mayor shall create a special account for metropolitan transportation facilities in Busan Metropolitan City under Article 11-7 (1) of the Act.
(2) Except as provided in the Act or this Ordinance, the special account for metropolitan transportation facilities in Busan Metropolitan City shall be operated and managed in the same manner as general accounts are operated and managed.

Article 1 (Enforcement Date)
This Ordinance shall enter into force one month after the date of its promulgation.

Article 2 (Applicability to Payment of Impact Fees in Installments)
The amended provisions of Article 5 (2) shall begin to apply to the impact fees imposed after this Ordinance enters into force.

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