(A) In-lieu credits from the DIF Fund for construction of improvements.
(1) A developer that has been required by the city to construct any facilities or improvements or a portion thereof described in the resolution adopted pursuant to § 17.3 as a condition of approval of a development permit may request an in-lieu credit of the specific development impact fee(s) involved for the same development. Upon request, an in-lieu credit of fees shall be granted for facilities or improvements that mitigate all or a portion of the need therefor that is attributable to and reasonably related to the given development.
(2) Only costs proportional to the amount of the facility or improvement that mitigates the need therefor attributable to and reasonably related to the given development shall be eligible for in-lieu credit and then only against the specific relevant fee(s) involved to which the facility or improvement relates.
(3) (a) Fees required under this article shall be reduced by the actual construction costs of the facilities or improvements that relate to said fees, as demonstrated by the applicant and reviewed and approved by the City Public Works Director, all consistent with the provisions of divisions (A)(1) and (2) above.
(b) Subject to the applicable provisions of division (B) below, if the cost of the facilities or improvements is greater than required relevant fees, this article does not create an obligation on the city to pay the applicant the excess amount.
(4) An amount of in-lieu credit that is greater than the specific fee(s) required under this article may be reserved and credited toward the fee of any subsequent phases of the same development, if determined appropriate by the City Public Works Director. The City Public Works Director may set a time limit for reservation of the credit.
(5) Credits shall be calculated by the City Public Works Director in accordance with the fee schedule set forth in the ordinance or resolution to be adopted pursuant to § 17.2.
(B) Whenever an applicant is required, as a condition of approval of a development permit, to construct any facility or improvement or a portion thereof described in the resolution adopted pursuant to § 17.2, which facility or improvement is determined by the city to exceed the need therefor attributable to and reasonably related to the given development project, a reimbursement agreement with the applicant and a credit against the specific relevant fee which would otherwise be charged pursuant to this article on the development project, shall be offered. The credit shall be applied with respect to that portion of the improvement or facility which is attributable to and reasonably related to the need therefor caused by the development, and shall be determined, administered and processed in accordance with and subject to the provisions of this section. The amount to be reimbursed shall be that portion of the cost of the improvement or facility which exceeds the need therefor attributable to and reasonably related to the given development. The reimbursement agreement shall contain terms and conditions mutually agreeable to the developer and the city and shall be approved by the City Council.
(C) Credit shall not be given for site-related improvements, including, but not limited to traffic signals, right-of-way dedications or providing paved access to the property, which are specifically required by the project in order to serve it and do not constitute facilities or improvements specified in § 17.2.
(D) The developer seeking credit and/or reimbursement for construction of improvements or facilities or dedication of land or rights-of-way, shall submit the documentation, including without limitation, engineering drawings, specifications and construction cost estimates and utilize the methods as may be appropriate and acceptable to the City Public Works Director to support the request for credit or reimbursement. The City Public Works Director shall determine credit for construction of improvements or facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates, if he or she determines that the estimates submitted by the developer are either unreliable or inaccurate. The City Public Works Director shall determine whether facilities or improvements are eligible for credit or reimbursement.
(E) Any claim for credit must be made no later than the application for a building permit for which the credit is sought. Any claim not so made shall be deemed waived.
(F) Credits shall not be transferable from one project or development to another without the approval of the City Council.
(G) Determinations made by the City Public Works Director pursuant to the provisions of this section may be appealed to the City Council by filing a written appeal, setting forth in detail the factual basis therefor, with the City Clerk, together with a fee established by resolution of the City Council, within ten calendar days of the determination of the City Public Works Director. The appeal shall be considered by the City Council at a public hearing to be held, noticed and conducted in accordance with the provisions prescribed in § 17.9 for public hearings with respect to fee adjustments. The decision of the City Council on the appeal shall be final.
(Ord. 965, passed 7-18-2006)