A. In the calculation of development impact fees for a particular project, credit or reimbursement shall be given for the present value of any construction of system improvements or contribution or dedication of land or money required by the city from a developer for system improvements of the public facility category (i.e., parks, police, circulation) for which the development impact fee is being collected. Credit or reimbursement shall not be given for project improvements unless those improvements are identified in the "report" as a system improvement. In that event, the credit given will only be given for those project improvements that are specifically listed in the "report" and not for any portion of the improvements that would otherwise be required by zoning, subdivision, or other city regulations.
B. If a developer is required to construct, fund or contribute system improvements in excess of the development project's proportionate share of system improvement costs, the developer shall receive a credit on future impact fees or be reimbursed at the developer's choice for such excess construction, funding or contribution from development impact fees paid by future development which impacts the system improvements constructed, funded or contributed by the developer(s) or fee payer. If a credit for the payment of future impact fees is requested, the credit shall be given only for the public facility category that received system improvements in excess of the development's proportionate share.
C. If credit or reimbursement is due to the developer pursuant to this section, the city shall enter into a written agreement, with the fee payer, negotiated in good faith, prior to the construction, funding, or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement.
D. Any person requesting such credit or reimbursement shall submit their request in writing on a form provided by the city and present documentation of costs or payments for facilities to the city clerk or his or her duly designated agent prior to issuance of a building permit or manufactured/mobile home installation permit. The determination shall be made no more than forty five (45) days after complete documentation is submitted to the city clerk or his or her duly designated agent. Any appeal from such a determination by the city administrator, or his or her duly designated agent, shall be pursuant to section 9-4-12 of this chapter. (Ord. 526, 11-15-2011)