A. In the calculation of development impact fees for a particular project, credit or reimbursement shall be given for the present value of any construction of system improvements or contribution or dedication of land or money required by the city from a developer for system improvements of the category for which the development impact fee is being collected. Credit or reimbursement shall not be given for project improvements.
B. If a developer is required to construct, fund or contribute system improvements in excess of the development project's proportionate share of system improvement costs, the developer shall receive a credit on future impact fees or be reimbursed at the developer's choice for such excess construction, funding or contribution from development impact fees paid by future development which impacts the system improvements constructed, funded or contributed by the developer(s) or fee payer. (Ord. 345, 5-11-1999)
C. To be equitable, impact fees must avoid double charging. Impact fees are structured to credit fee payers for taxes or fees they have paid or will pay for the same services. General tax credits for future annual tax and fee payments are expressed as an equivalent, current lump sum payment, and deducted from the one time gross impact fee. The city calculates the impact fee utilization projection included as an appendix to the study and updated yearly at the time of the annual budget.
D. If credit or reimbursement is due to the developer pursuant to this section, the city shall enter into a written agreement, with the fee payer, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement.
E. No credits shall be given for the construction of local on site facilities, structures, improvements, or other project improvements required by zoning, subdivision, or other city regulations unless the improvement is identified in the "Study" as a system improvement.
F. Any person requesting such credit or reimbursement shall submit their request in writing on a form provided by the city and present documentation of costs or payments for facilities to the city clerk, or his or her duly designated agent, prior to issuance of a building permit or manufactured/mobile home installation permit. The determination shall be made no more than forty five (45) days after complete documentation is submitted to the city clerk, or his or her duly designated agent. Any appeal from such a determination by the city clerk, or his or her duly designated agent, shall be pursuant to section 7-6-11 of this chapter. (Ord. 358, 11-23-1999)