A. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under this section. A request for credit shall be filed in writing no later than thirty (30) days after acceptance of the improvement by the city.
B. When a development occurs that must pay a system development charge, the system development charge for the existing use shall be calculated, and if it is less than the system development charge for the proposed use, the difference between the system development charge for the existing use and the system development charge for the proposed use shall be the system development charge required. If the change in use results in the system development charge for the proposed use being less than the system development charge for the existing use, no system development charge shall be required; however, no refund or credit shall be given.
C. A credit shall be given for the cost of a qualified public improvement associated with a development upon acceptance by the city of the public improvement. The credit provided 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.
D. A credit shall be given for that portion of the qualified capital improvement that is required by the city to be built larger or with greater capacity than is necessary for the particular development project and exceeds the city's minimum standard facility size or capacity needed to serve the particular development project or property.
E. If a qualified public improvement is located partially on and partially off the parcel of land that is the subject of the approval, the credit shall be given only for the cost of the portion of the improvement not located on or wholly contiguous to the parcel of land, unless otherwise approved by the city.
F. When establishing the methodology for a system development charge, the city council shall provide for a credit against the improvement fee, the reimbursement fee, or both, for a capital improvement constructed as part of a development that reduces the development's demand upon existing public capital improvements or the need for future public capital improvements or that would otherwise have to be constructed at city expense. The city may also provide a credit based on any other rationale the city finds reasonable.
G. Credit shall not be transferable from one development to another.
H. Credit shall not be transferable from one type of capital improvement to another. (Ord. 629, 2-4-2004)