(A) When a development occurs that is subject to an SDC, the SDC for the existing use, if applicable, shall be calculated. If this amount is less than the SDC for the use that will result from the development, the difference between the SDC for the existing use and the SDC for the proposed use shall be the SDC. If a change in use results in the SDC for the proposed use being less than the SDC for the existing use, no SDC shall be required. No refund or credit shall be given.
(B) A credit of the improvement fee portion of the SDC only shall be given to the permittee against the cost of the SDC charged, for the cost of a qualified public improvement, upon acceptance by the city of the public improvement. The credit shall not exceed the amount of the improvement fee even if the cost of the capital improvement exceeds the improvement fee.
(C) If a qualified public improvement is located in whole, or in part on, or contiguous to the property that is the subject of the development approval and is required to be built larger or with greater capacity than is necessary for the particular development project, a credit shall be given for the cost of the portion of the 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 division. The request shall be filed in writing no later than 60 days after acceptance of the improvement by the city. The city may deny the credit provided for in this section if the city demonstrates that the application does not meet the requirements of this section or, if the improvement for which credit is sought was not included in the improvement plan pursuant to § 50.08.
(D) When construction of a qualified public improvement located in whole, in part or contiguous to the property that is the subject of development approval gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project, the credit in excess of the improvement fee for the original development project may be applied against improvement fees that accrue in subsequent phases of the original development project.
(E) Credit shall not be transferable from 1 development to another, except in compliance with standards (if any) adopted by the City Council.
(F) Credit shall not be transferable from 1 type of capital improvement to another.
(G) Credits shall be used within 10 years from the date the credit was given.
(Ord. 06-398, passed 7-26-2006)