(A) (1) When development occurs that is subject to a system development charge, the system development charge for the existing use, if applicable, shall be calculated and, if it is less than the system development charge for the use that will result from the development, the difference between the system development charge for the existing use and the system development charge for the proposed use shall be the system development charge. If the change in the use results in the system development charge for the proposed use being less than the system development charge for the existing use, no system development charge shall be required; however, no refund or credit shall be given unless provided for by another section of this subchapter.
(2) A credit shall be given to the permittee for the cost of a qualified public improvement upon acceptance by the city of the improvement. The credit provided for in this section shall be only for the improvement fee charged for the type of improvement being constructed and credit for qualified public improvements may be granted only for the cost of that portion of such improvement that exceeds the city’s minimum standard facility size or capacity needed to serve the particular development project or property. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under this section. The request for credit shall be filed in writing no later than 60 days after acceptance of the improvement by the city.
(3) When establishing a methodology for a system development charge, the city may provide for a credit against the improvement fee, the reimbursement fee, or both, for capital improvements constructed as part of the development which reduce the development’s demand upon existing capital improvements and/or the need for future capital improvements, or a credit based upon any other rationale the Council finds reasonable.
(4) When the construction of a qualified public improvement gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project receiving development approval, the excess credit may be applied against improvement fees that accrue in subsequent phases of the original development project. Credit shall not be transferable from one development to another.
(5) Credits shall not be transferable from one type of system development charge to another.
(6) Credits shall be used within ten years from the date the credit is given.
(Prior Code, § 2.15.120)
(B) If an applicant pays system development charges and then does not complete the project, the city will not refund the SDCs. If the applicant requests refund of the SDCs, the city shall not refund the SDCs, but will credit the property for the payment of such SDCs. If subsequent development of the property does not occur within two years, the credit shall expire and SDC payments will be required before subsequent development of the property may occur.
(Prior Code, § 2.15.130) (Ord. 228, passed 3-7-1994; Ord. 379, passed 12-1-2008)