16-36-100 IMPACT FEES, ENFORCEMENT, PERMITS, AND PENALTIES: IMPACT FEE CREDITS

The City, at its discretion, may give a credit against the amount of an Impact Fee due from a proposed Development Activity for the dedication of land and/or the provision of Capital Facilities that are System Improvements by an Applicant prior to the date an Impact Fee would normally be assessed for that category of Impact Fee so long as the following factors are met: A. The costs of such land and/or Capital Facilities have been included in the City’s capital facilities plan for the applicable category of Capital Facilities, or B. The land dedicated or Capital Facilities provided is determined by the City to be a reasonable substitute for the Capital Facilities identified in the City’s capital facility plan for the applicable category of Capital Facilities. C. Applications for credit shall be made to the City Council of the City and shall be submitted at or before the time of building permit application. The application for a credit shall be accompanied by relevant documentary evidence indicating the eligibility of the applicant for the credit. When an application for a credit accompanies an application for a building permit, City Staff shall calculate the applicable impact fee without any credit. Any credit determined appropriate by the City Council of the City shall be applied against the Impact Fee due and owing for that category of Impact Fee. Credits may not be transferable among different categories of Impact Fees. D. Credits for dedication of real property shall be determined by considering the fair market value of the property at the time of dedication. (Ord. 2007-04;Ord. 2007-07; Ord. 2007-09; Ord. 2007-16; Ord. 2008- 05; Ord. 2008-06)