(A) The city may 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 as set forth in § 51.105, against the value of the impact fee due for that category of capital improvement.
(B) All offsets 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 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 Plans for the category of facility for which the impact fee is imposed.
(3) If an offset applicable to a plat has not been exhausted within ten years from the date of the acquisition of the first tap purchase made after the effective date of this chapter or within such period as may be otherwise designated by contract, such offset shall lapse.
(4) In no event will the city reimburse the property owner or developer for an offset 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 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 with the city on a form provided for such purpose. The contents of the petition shall be established by administrative guidelines. The city must provide the applicant, in writing, with a decision on the offset request, including the reasons for the decision. The decision shall specify the maximum value of the offset 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.
(D) The available offset associated with the plat shall be applied against an impact fee in the following manner:
(1) Such offset shall be prorated equally among all equivalent service units (ESU's) associated with the plat and remain applicable to such ESU's, to be applied at time of filing and acceptance of an application for a building permit or tap purchase, as appropriate, against impact fees due.
(2) If the total number of ESU's used by the city in the original offset calculation described in division (D)(1) is eventually exceeded by the number of total ESU's realized by the actual development, the city may, at its sole discretion, collect the full impact fee exclusive of any associated offset for the excess ESU's.
(3) At its sole discretion, the city may authorize alternative offset agreements upon petition by the owner in accordance with guidelines promulgated by the city.
(Ord. 1587, passed 8-29-06)