(a) Any person who initiates any development may apply for a credit against the fair share road impact fee imposed by this chapter for any contribution, payment, construction, or dedication of land accepted and received by the City of Ontario for capital roadway improvements within the same Road Impact Fee Use District as the proposed development. No credit shall exceed the road impact fee imposed by this chapter for the proposed development.
(b) An applicant shall be entitled to a credit equal to the dollar value of the cost of off- site improvements previously contributed, paid for or legally obligated to by the applicant or his or her predecessor in interest. The cost of such improvements shall be based on the following criteria:
(1) The actual cost, or estimated cost of improvements based on recent bid sheet information of the City of Ontario, and
(2) A qualified appraisal of the fair market value of any donated land required for the improvement at the date the road impact fee is payable.
(c) The property owner may apply for a determination of entitlement to credit by submitting an application for a determination of credit to the City Engineer. The application shall include the following:
(1) A proposed plan of specific road improvements, prepared and certified by a duly qualified and licensed Ohio engineer; and
(2) The projected costs for the suggested roadway improvements, which shall be based on local information for similar transportation improvements, along with the construction timetable for the completion of such improvements. Such estimated costs shall include the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one year after completion of construction, cost of plans and specifications, surveys of estimated costs and of revenues, costs of engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction.
(d) Within fifteen working days of receipt of an application for a determination of credit, the City Engineer shall determine if the proposal is complete. If it is determined that the proposed Credit Agreement is not complete, the City Engineer shall send a written statement to the applicant outlining the deficiencies. The City Engineer shall take no further action on the proposed Credit Agreement until all deficiencies have been corrected.
(e) Once the City Engineer determines the Credit Agreement is complete he or she shall, within fifteen working days, review the application and shall approve the proposed Credit Agreement if it is determined that the proposed capital roadway improvement is consistent with the capital improvements in the Comprehensive Plan for the Municipal road system and the proposed costs for the suggested roadway improvement are professionally acceptable and fairly assess the cost for the capital improvement.
(f) Any person may appeal the City Engineer’s decision on any Credit Agreement he or she submits by filing a petition with the Impact Fee Review Board within ten days of a decision by the City Engineer.
(Ord. 07-07. Passed 2-7-07.)
(Ord. 07-07. Passed 2-7-07.)