(A) In-lieu fee credits 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 § 8.56.030 of this chapter 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. To be eligible for in-lieu fee credits, the facilities or improvements must be constructed at prevailing wage rates.
(2) Only costs proportional to the amount of the improvement or facility 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) Fees required under this chapter shall be reduced by the actual construction costs of the facilities or improvements that relate to the fees, as demonstrated by the applicant and reviewed and approved by the City Engineer, all consistent with the provisions of divisions (A)(1) and (2) above. Subject to the applicable provisions of division (B) of this section, if the cost of the facilities or improvements is greater than required relevant fees, this chapter 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 chapter may be reserved and credited toward the fee of any subsequent phases of the same development, if determined appropriate by the City Engineer. The City Engineer may set a time limit for reservation of the credit.
(5) Credits shall be calculated by the City Engineer in accordance with the fee schedule set forth in the resolution adopted pursuant to § 8.56.030 of this chapter.
(B) Developer construction of facilities exceeding needs related to development project. 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 § 8.56.030
, 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 chapter 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. To be eligible for reimbursement by the city, the facilities or improvements must be constructed at prevailing wage rates.
(C) Site-related improvements. 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 the resolution referenced in § 8.56.030
of this chapter.
(D) Determination of credit. 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 based upon prevailing wage rates, and utilize such methods as may be appropriate and acceptable to the City Engineer to support the request for credit or reimbursement. The City Engineer 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 such estimates submitted by the developer are either unreliable or inaccurate. Prior to city approval of a Notice of Completion and subsequent execution of an Oversized Construction Reimbursement Agreement per Chapter 8.64: Oversized Construction Reimbursement, in which final reimbursement costs are defined, the maximum credit given for construction of improvements shall not exceed 80% of their estimated cost. The City Engineer shall determine whether facilities or improvements are eligible for credit or reimbursement.
(E) Time for making claim for credit. Any claim for credit must be made no later than the application for a building permit, or within 60 days of completion of the construction dedication, whichever occurs first. Any claim not so made shall be deemed waived.
(F) Transferability of credit; City Council approval. Credits shall not be transferable from one project or development to another without the approval of the City Council.
(G) Appeal of determinations of City Engineer. Determinations made by the City Engineer pursuant to the provisions of this section may be appealed to the City Council by filing a written request with the City Manager, together with a fee established by resolution of the City Council, within ten calendar days of the determination of the City Engineer.
(Ord. 19-08, passed 12-17-2019)