16.36.040 Developer Construction of Public Facilities Pursuant to Capital Improvement Plan.
   A.   A developer shall be entitled to a reduction in the amount of the component of the development impact fees required by Sections 16.36.020 and 16.36.030, if the developer constructs public facilities, relating to that component, pursuant to the city's capital improvement plan and the public facilities constructed are those for which the capital improvement plan designates development impact fees as the funding source. The specific component of the development impact fees which would have funded the improvement when installed shall be reduced by the amount of engineering and construction costs that would be reasonably incurred by the city in building those same public facilities. The amount of the reduction in the development impact fee component shall be subject to approval by the development services director prior to construction of the development. In no case shall the reduction in a specific development impact fee component (i.e. streets and minor bridges, storm drainage, etc.) be greater than the amount assessed to the developer for that specific component; nor shall fees from one component be transferred to another component to offset public facility improvements constructed by the developer that exceed the assessed amount.
   B.   If a developer constructs off-site public facilities pursuant to the city's capital improvement plan, and if the city's engineering and construction costs to construct those same public facilities would have been more than the public facilities development impact fees assessed to that developer pursuant to Sections 16.36.020 and 16.36.030, then nothing in this section shall prevent the city from entering into a reimbursement agreement with that developer, subject to the availability of funds.
(Ord. 196 § 1 (part), 1998)