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Credits or reimbursements due to a fee payer pursuant to this section must be based upon a written agreement with the County and impact fee recipient negotiated in good faith, prior to the construction, funding or contribution made by the fee payer which written agreement shall provide for the amount of credit or the amount, time and form of reimbursement. Subject to this written agreement, a fee payer shall receive credit or reimbursement for the present value of any system improvement, the value of dedication of real property to the impact fee recipient, or other contribution required by the County and impact fee recipient from the developer for system improvements of the category for which the impact fee is being collected, including system improvements paid for pursuant to a local improvement district.
(1) Limitations: All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this chapter:
A. No offset or credit shall be given for the dedication or construction of project improvements or site related facilities.
B. A fee payer shall not receive an offset or credit in excess of that amount to be collected from the assessed impact fee.
C. The unit costs used to calculate the offsets or credits shall not exceed those assumed for the capital improvements included in the CIP(s) for the category of facility within the service area for which the impact fee is imposed.
D. An offset or credit shall lapse ten (10) years after receipt of the first building permit issued after the effective date of this chapter or within such period as may be otherwise agreed to by written agreement.
E. The County will not reimburse the property owner or fee payer for an offset or credit when no impact fees for the new development can be collected pursuant to this chapter or for any amount exceeding the total impact fees due for the new development for the category of capital improvement.
F. The amount of any offset or credit shall not include the amount attributable to participation by the County in the development.
(2) Application: An offset or credit associated with a plat shall be applied to an impact fee at the time of application for the first building permit for the subject property and will continue to be applied until the offset or credit is exhausted for that development. (Ord. 20-018, 6-22-2020)