(A) The city shall offset the reasonable value of any area-related facilities, identified in the Impact Fee Capital Improvements Plan and constructed pursuant to an agreement with the city, except as otherwise provided therein, which are dedicated to and received by the city on or after the effective date of this chapter, against the amount of the impact fee due for that category of capital improvement. No offsets or credits shall be provided for required over-sizing of water and wastewater lines or lift stations not identified in the capital improvements plan or for pro-rata payments to repay other developers for such over-sizing.
(B) The city shall credit any new development that occurs after the effective date of this chapter, any amount of capital recovery fees which have been collected by the city pursuant to duly adopted ordinances and any impact fees collected by the city pursuant to this chapter.
(C) 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) No offset or credit shall exceed the impact fee to be collected from new development as established in § 55.25.
(3) The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the Impact Fee Capital Improvements Plan for the category of facility within the service area for which the impact fee is imposed.
(4) If an offset or credit applicable to a plat has not been exhausted within ten years from the date of the acquisition of the first building permit issued or connection made after the effective date of this chapter or within such period as may be otherwise designated by agreement for capital improvements pursuant to § 55.46, such offset or credit shall lapse.
(5) In no event will the city reimburse the 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 amount exceeding the total impact fees collected or due for the development for that category of capital improvement, unless otherwise agreed to by the city.
(6) The city may participate in the costs of an area-related improvement to be dedicated to the city, including costs that exceed the amount of the impact fees due for the development under Exhibit C for that category of capital improvements, in accordance with policies and rules established under the city’s subdivision regulations and when incorporated into an agreement for capital improvements pursuant to § 55.46. The amount of any offset shall not include the amount of the city’s participation.
(D) Unless an agreement for capital improvements is executed providing for a different manner of offsetting or crediting impact fees due pursuant to § 55.46, an offset or credit associated with a plat shall be applied to reduce an impact fee at the time of application for the first building permit or at the time of application for the first utility connection for the property, in the case of land located within the city’s extraterritorial jurisdiction, and, thereafter, to reduce impact fees subsequently to be collected, until the offset or credit is exhausted.
(Ord. 2022-16, passed 3-8-22
; Am. Ord. 2022-67, passed 11-15-22)