(A) When development occurs that gives rise to systems development charges under § 50.18 of this subchapter, the systems development charge for the existing use shall be calculated and if it is less than the systems development charge for the proposed use, the difference between the charge for the existing use and the proposed use shall be the systems development charge required under § 50.18 of this subchapter. If the change in use results in the systems development charge for the proposed use being less than the systems development charge for the existing use, no systems development charge shall be required; however, no refund or credit shall be given.
(B) The limitations on the use of credits contained in this division (B) shall not apply when credits are otherwise given under § 50.21 of this subchapter. A credit shall be given for the cost of a qualified public improvement associated with a development, including utility line extensions pursuant to city ordinance. If a qualified public improvement is located partially on and partially off the property that is the subject of development approval, the credit shall be given only for the cost of the portion of the improvement not attributable wholly to the development. The credit provided for by this division (B) shall be only for the type of capital improvement being constructed and shall not exceed the public improvement fee portion of the systems development charge even if the cost of the capital improvement exceeds the applicable improvement fee. Credits will expire ten years from the date the credit is given. Where credit is granted for subdivisions, the credit shall be apportioned equally among all residential lots. Credits for other types of developments shall be allocated to building permits on a first-come, first serve basis until credit is depleted.
(C) Applying the methodology adopted by resolution, the city field superintendent or his or her designee, shall grant a credit against the improvement fee portion of the systems development charge, for a capital improvement constructed as part of the development that reduces the development’s demand upon existing capital improvements or the need for future capital improvements or that would otherwise have to be provided at city expense under city policies in effect at the time.
(D) In situations where the amount of credit exceeds the amount of the systems development charge, the excess credit is not transferable to another development. It may be transferred to another phase of the original development, provided transfer is completed within three years. Any credit not transferred to other phases of the development within three years shall become non-transferable.
(E) Credits are not transferable from one type of capital improvement to another.
(Ord. 264, passed 8-19-2003)