A. In the computation of the drainage fee payable because of the development or division of any parcel of land, a credit shall be allowed for planned drainage facilities installed with respect to such parcel. Such credits for drainage facilities constructed and still in existence and use in any street, alley or public easement and not constructed by special assessment proceeding shall be allowed, subject to the following conditions and limitations:
1. Facilities considered for such credits shall have been constructed in conformance with the standards of the city in effect when such facilities were constructed;
2. The engineer shall certify that such facilities are in conformance with, or beneficial for use in connection with, the planned drainage facilities installed or to be installed in the drainage area;
3. The credit allowed shall not exceed the cost of such facilities, as determined by the engineer from actual cost records or by applying estimates of construction costs prevailing at the time such facilities were constructed; provided, that no credit shall be allowed because of public easements, the dedication of which may have been required by the city in conjunction with development or divisions as defined in this chapter;
4. The facilities shall have been constructed and paid for with respect to the parcel for which credit is claimed and are located in or will serve the planned drainage area within which is located the parcel for which credit is claimed;
5. Such credits shall be calculated based on the cost estimates identified in the storm drain master plan, and adjusted annually in the same manner as the schedule of per-gross-acre fees in Section 16.40.060;
6. The city shall have acquired ownership of the facilities without cost;
7. When the facilities for which credit is claimed benefit more than one parcel and only a portion of the total allowable credit is claimed, the city may, in the absence of an agreement among the owners of the subject parcels eligible for such credit, estimate the total cost of the facilities at the time of construction and apportion the total credit allowable for such facilities among the benefitting parcels in a manner that the city in its sole discretion shall deem equitable;
8. Except in the case of public agencies, in the event the actual cash expenditures, as determined by the engineer in Subsection (A)(3) of this section, exceed the total drainage fee payable because of the development or division of any parcel of land, the city shall contract with the developer or divider to reimburse such excess credits. Such reimbursement shall be subject to the following conditions and limitations:
a. Such reimbursements shall be paid to the developer or divider from drainage fees received pursuant to subsequent development or division of other parcels of land within the local drainage area served by the planned drainage facilities for which such reimbursement is due,
b. In those drainage areas in which more than one reimbursement contract is concurrently in existence, the order of reimbursement shall be based upon the date of receipt by the city of the submittals set forth in Subsection (A)(8)(g) of this section. Reimbursement shall not be paid pursuant to a late reimbursement contract within a drainage area until any previous reimbursement contract within said drainage area is fully reimbursed,
c. The payment of such reimbursements is to be made semi-annually, in amounts determined by the engineer,
d. Should there not be sufficient subsequent drainage fees available, or should the facilities required to provide the level of drainage service prescribed by the drainage plan not be available, by a date fifteen (15) years from the date of receipt by the city of the submittals set forth in Subsection (A)(8)(g) of this section, the initial reimbursement period and any remaining obligation of the city to reimburse such excess credit shall expire; provided, however, that the expiration of the city's reimbursement obligation shall be extended an additional five years in those cases in which the developer or divider has been reimbursed at least seventy-five (75) percent of the total excess credit during the initial reimbursement period,
e. The total reimbursement to be paid pursuant to this Subsection (A) shall not exceed ninety-five (95) percent of the total excess credit; the city shall retain five percent from each reimbursement as an administrative records and services charge,
f. Nothing herein shall preclude the more frequent payment of reimbursement or the partial payment of reimbursements when sufficient funds are determined by the engineer to be available and all other conditions of this Subsection (A) have been met,
g. The developer or divider shall submit to the city, within ninety (90) days of acceptance by the city of those facilities for which credit or excess credit is claimed, the reproducible as-built plans of said facilities, the project accounting reflecting final costs of the eligible items and any balance due of the final drainage fee determined pursuant to this chapter. Credits and reimbursement of excess credits shall not be granted pursuant to this section if the submissions required by Subsection (A)(8)(g) are not made.
B. Credits for assessment previously levied for planned drainage facilities by special assessment proceeding shall be allowed, subject to the following conditions and limitations:
1. Such facilities shall have been constructed in conformance with the standards of the city in effect when such facilities were constructed;
2. The engineer shall certify that such facilities are in conformance with or beneficial for use in connection with the planned facilities installed in the drainage area;
3. The credit allowed shall be equal to the amount of the assessment and any supplemental assessment levied upon the parcel of land, that was paid in cash or that became security for a bond or bonds issued in the special assessment proceedings. If one assessment was levied for drainage facilities and other improvements in the same proceeding, the engineer shall determine, from the engineer's report
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in the assessment proceeding, if available, otherwise on cost estimates applied by the engineer, the proportion of the assessment attributable to such facilities, and the amount so determined by him shall be the credit allowed.
C. If the drainage fee was paid on all or a portion of the parcel of land pursuant to this chapter and an additional local drainage fee is payable under any provision of this chapter, a credit shall be allowed equal to the amount previously paid. (Ord. 2017-01 (part), 2017: prior code § 9460)