A feepayer may request and the City may determine, that a credit should be awarded for the value of dedicated land, improvements, or construction which has been provided by the feepayer and which has been accepted by the City as the result of the voluntary offer of the feepayer. In order to qualify for a credit, the City shall determine that such dedication, improvement, or construction is included in the City’s adopted Capital Improvement Plan and will directly serve the goals and objectives of the most currently approved Parks and Recreation Department comprehensive plan.
For each request for a credit, the City shall, as appropriate, prepare an estimate and have an appraisal conducted to determine the value of the land or cost of the improvement or construction for which the credit is requested. The City shall choose the services of an independent appraiser and the cost of the appraisal shall be paid for by the feepayer. In the case of proposed improvements or construction, the City shall prepare estimates of the value utilizing appropriate City or other professional staff qualified to estimate value in the appropriate subject area. If feebased professional consulting services are needed to prepare the estimate, the cost for such services shall be paid by the feepayer.
Any claim for credit must be made before the issuance of subdivision, conditional use, building, or other development-enabling permit is requested or not later than thirty (30) calendar days after the dedication of land or the completion of construction.
Credit shall only be given for the value of land dedication or project improvements directly related to those facilities covered by this chapter or otherwise determined to qualify by the City under the provisions of this chapter.
A feepayer may request an adjustment to the park impact fee assessed to a particular development activity based upon unusual circumstances or alternative methods of computing the park impact fee amount which can be justified by unusual or special circumstances, including but not limited to, publicly supported transitional housing residential units for at-need populations, emergency homeless shelter services, and/or supportive housing units. A request for an adjustment in the park impact fee amount or application shall not be made before the full amount of the park impact fee for the development activity has been calculated by the City. The feepayer must include a description of the unusual or special circumstances which serve as the basis for the request for adjustment and provide documentation supporting the adjustment request. The City shall consider any documentation, studies, or other data submitted by the feepayer which support alternative methods of computing the park impact fee to be assessed. The City shall base a determination on the information provided by the feepayer and notify the feepayer in writing of the determination. Determinations made by the City pursuant to this section shall be subject to the appeals procedures set forth in this chapter.
(Ord. 2022-031. Passed 4-20-22.)