§ 14-12. Credits against impact fees.

(a)

A property owner who constructs an area-related facility pursuant to an improvements agreement approved by the city following adoption of this chapter may be charged reduced impact fees due for the property for that category of capital improvement by the value of such improvement, as determined in subsection (c). The credit shall be associated with the plat of the property that is to be served by the capital improvement constructed.

(b)

The improvements agreement required by subsection (a) may provide for participation by the city in the costs of the capital improvement to be constructed by the property owner, as provided in the city's subdivision regulations. The amount of any credit shall be reduced by the amount of the city's participation.

(c)

The amount of a credit shall be determined pursuant to rules established in this section or pursuant to administrative guidelines promulgated by the city. A credit against impact fees is limited to that portion of the cost of an area-related facility attributable to new development within the service area and does not include that portion of the cost of the equivalent to the cost of a standard or minimum size facility.

The unit costs used to calculate offsets and credits shall not exceed those assumed for the capital improvements included in the impact fees capital improvements plan for the category of facility for which the impact fee is imposed, nor shall the amount of the offset or credit exceed the actual costs of constructing a capital improvement. For roadway facilities, the costs of any roadway improvement not included within the roadway improvements plan or the master thoroughfare plan are not eligible for offsets or credits.

(d)

A credit associated with a plat shall be applied to reduce an impact fee at the time of final plat approval for developments. For all other developments, the credit shall be applied to reduce an impact fee at the time of application for the first building permit or at the time of application for the first utility connection for the property and, thereafter, to all subsequently issued building permits or utility connections, until the credit or offset is exhausted.

(e)

Unused credits or oversize costs which are not attributable to a new development shall be reimbursed.

(f)

Offsets or credits created after the effective date of an ordinance establishing an impact fee for a particular category of capital improvement shall expire within ten years from the date the offset or credit was created. Offsets or credits arising prior to such effective date shall expire ten years from such effective date. Credits for construction of improvements shall be deemed created when the improvements are completed and the city has accepted the facility, or in the case of improvements constructed and accepted prior to the effective date of the ordinance establishing the impact fee for a particular category of capital improvements, on such effective date.

( Ord. No. 2597, § 12, 4-1-14 )