A. A system development charge shall be imposed when a change of use of a parcel or structure occurs, but credit shall be given for the computed system development charge to the extent that prior structures existed and services were established on or after October 16, 1991. The credit so computed shall not exceed the calculated system development charge. No refund shall be made on account of the credit.
B. A credit shall be given for the cost of a qualified public improvement associated with a residential development. If a qualified public improvement is located partially on and partially off the parcel that is the subject of the residential development approval, the credit shall be given only for the cost of the portion of the improvement not located on or wholly contiguous to the property. The credit provided for by this division shall be only for the improvement fee charged for the type of improvement being constructed and shall not exceed the improvement fee even if the cost of the capital improvement exceeds the applicable improvement fee.
C. Credit shall not be transferable from 1 development to another except in compliance with standards adopted by the City Council.
D. Credit shall not be transferable from 1 type of capital improvement to another.
E. Where a substantial private park and recreational area is provided in a proposed residential development and the space is to be privately owned and maintained by the future residents of the development, partial credit, not to exceed 50%, may be given against the system development charge if the Planning Commission finds that it is in the public interest to do so and that all the following standards are met:
1. That yards, court areas and setbacks required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of the private parkland;
2. That the private ownership and maintenance of the parkland is adequately provided for by recorded written agreement, conveyance or restrictions;
3. That the use of the private parkland is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor;
4. That the proposed private parkland is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;
5. That facilities proposed for the parkland are in substantial accordance with the provisions of the city master park plan; and
6. a. That the parkland for which credit is given is a minimum of 2 acres and provides a minimum of 3 of the local park basic elements listed below, or a combination of those and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:
Criteria List | Acres |
Children’s play apparatus area | .50-.75 |
Landscape park-like and quiet areas | .50-1.00 |
Family picnic area | .25-.75 |
Game court area | .25-.50 |
Turf play field | 1.00-3.00 |
Recreation center building | .15-.25 |
Swimming pool (42 ft. x 75 ft.) with adjacent deck and lawn area | .25-.50 |
Recreation community gardening | .15-.25 |
b. Before credit is given, the Planning Commission shall make written findings that the above standards are met.