(A) The city shall offset the present value of any system-related facilities, pursuant to rules established in this section, which have been dedicated to and have been received by the city, including the value of capital improvements constructed pursuant to an agreement with the city, against the value of the impact fee due for that category of capital improvement.
(B) All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this chapter and additional standards promulgated by the city, which may be adopted as administrative guidelines.
(1) No offset or credit shall be given for the dedication or construction of site-related facilities.
(2) The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the capital improvements plan for the category of facility within the service area for which the impact fee is imposed.
(3) If an offset or credit applicable to a plat has not been exhausted within ten years from the date of plat filing or within such period as may be otherwise designated by contract, such offset or credit shall expire.
(4) The city will not reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this chapter or for any value exceeding the total impact fees due for the development for that category of capital improvement, unless otherwise agreed to by the city.
(C) An applicant for new development must apply for an offset or credit against impact fees due for the development either at or before the time of fee payment, unless the city agrees to a different time. The applicant shall file a petition for offsets or credits with the city. The city must provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which may be applied against an impact fee, which value and the date of the determination shall be associated with the plat for the new development.
(Ord. 05-2018-36, passed 5-8-18)