(A) When a redevelopment occurs that is subject to an impact fee charge, the impact fee charge for the existing use, if applicable, shall be calculated and if it is less than the impact fee charge for the use that will result from the development, the difference between the impact fee for the existing use and the impact fee for the proposed use shall be the impact fee charge. If the change in the use results in the impact fee for the proposed use being less than the impact fee for the existing use, no impact fee charge shall be required. Since meter size is used to calculate impact fees, the impact on the wastewater system is assessed by considering the meter size of the existing development versus the meter size of the redevelopment. No refund or credit shall be given unless provided for by another subsection of this section.
(B) A credit shall be given to the permittee for the cost of a qualified public improvement upon acceptance by the city of the public improvement. The credit shall not exceed the growth-related expansion fee even if the cost of the capital improvement exceeds the applicable growth-related expansion fee and shall only be for the growth-related expansion portion of the impact fee charged for the type of improvement being constructed.
(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 by the utilities manager for the city of Versailles 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 subsection. The request for credit 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 the credit is sought was not included in the improvement plan pursuant to § 52.08.
(D) When the construction of a qualified public improvement located in whole or in part or contiguous to the property that is the subject of development approval gives rise to a credit amount greater than the growth-related expansion fee that would otherwise be levied against the project, the credit in excess of the growth-related expansion fee for the original development project may be applied against growth-related expansion fees that accrue in subsequent phases of the original development project.
(E) When an existing customer, as defined in § 52.02, constructs, or causes to be constructed, a new development within the Versailles wastewater utility service area, and abandons his existing residence or establishment that is also located within the Versailles wastewater utility service area, that customer may be granted a “buy-in” credit on his impact fee charge. The buy-in credit serves to acknowledge the equity that the existing customer has amassed in the wastewater utility. The credit is determined by calculating only the systemwide improvements portion of the impact fee charge using the factors in place at the time of the customer’s request for the credit. The amount of the systemwide improvements fee constitutes the amount of the buy-in credit. To qualify for the buy-in credit:
(1) The size of the meter serving the new development must be equal to or less than the meter serving the existing account;
(2) The purpose of the new development must be essentially the same as that of the existing account, i.e., single-family residence versus an existing account assigned to a single-family residence;
(3) The existing water and wastewater account serving the existing residence of establishment must be closed by request of the customer; and
(4) The customer must request the buy-in credit.
(F) Notwithstanding divisions (A) through (D) of this section, when establishing a methodology for a wastewater impact fee charge, the city may provide for a credit against the growth-related expansion fee, the systemwide improvements fee, or both, for capital improvements constructed as part of the development which reduce the development’s demand upon existing capital improvements and/or the need for future capital improvements, or a credit based upon any other rationale the Council finds reasonable.
(G) Credits shall not be transferable from one development to another.
(H) Credits shall not be transferable from type (systemwide improvement or growth-related expansion) of impact fee charge to another.
(I) Credits shall be used within 10 years from the date the credit is given.
(Ord. 2017-30, passed 11-21-17)