(A) As used in this section and in the definition of “qualified public improvements” in § 37.03 the word CONTIGUOUS means: in a public way which abuts.
(B) When development occurs that must pay a system development charge under § 37.04, the system development charge for the existing use shall be calculated and if it is less than the system development charge for the proposed use, the different between the system development charge for the existing use and the system development charge for the proposed use shall be the system development charge required under § 37.04. If the change in use results in the systems development charge for the proposed use being less than the system development charge for the existing use, no system development charge shall be required; however, no refund or credit shall be given.
(C) A credit shall be given for the cost of a qualified public improvement associated with a development. If a qualified public improvement is located partially on and partially off the parcel of land that is the subject of the development approval, the credit shall be given only for the cost of the portion of the improvement not located on or wholly contiguous to the parcel of land. The credit provided for by this division (C) shall be only for the public improvement charge charged for the type of improvement being constructed and shall not exceed the public improvement charge even if the cost of the capital improvement exceeds the applicable public improvement charge.
(D) In situations where the amount of credit exceeds the amount of the system development charge, the excess credit is not transferable to another development. It may be transferred to another phase of the original development.
(E) Credit shall not be transferable from one type of capital improvements to another.
(Ord. 344, passed 3-9-1992; Ord. 768, passed 11-13-2023)