§ 160.120 CREDITS.
   (A)   A property owner who dedicates land or agrees to participate in an assessment district or otherwise contributes funds for capital improvements, as defined in this chapter, may be eligible for a credit for such contribution against the impact fee otherwise due.
   (B)   (1)   The City Engineer must determine whether:
         (a)   The contribution meets capital improvement needs for which the particular impact fee has been imposed;
         (b)   The contribution will substitute for or otherwise reduce the need for capital improvements anticipated to be provided with impact fee funds; and
         (c)   The value of the developer contribution.
      (2)   In no event, however, will the credit exceed the amount of the otherwise applicable impact fee.
   (C)   Any application for credit must be submitted at or before the time of development project approval on forms provided by the city. The application must contain a declaration of those facts, under oath, along with the relevant documentary evidence which qualifies the property owner for the credit.
(Ord. 1076, passed 11-3-03)