A. A fee payer can request that a credit or credits for impact fees be awarded to him/her for the total value of dedicated land, improvements, or construction provided by the fee payer. Credits will be given only if the land, improvements, and/or the facility constructed are:
1. For one or more of the system improvements from the capital improvements program, the need for which is clearly documented pursuant to Montana Code Annotated section 7-6-1602, by being included in the "Impact Fees Update" dated August 2018, as the basis of the impact fee; and
2. The land proposed for dedication or the public facilities to be constructed is determined by the City to be appropriate for the proposed use at suitable sites and constructed at acceptable quality as determined by the City.
B. The City Manager or his designee shall determine if requests for credits meet the criteria in subsection A of this section.
C. The value of a credit for structures, facilities or other improvements shall be established by original receipts provided by the applicant for one or more of the same system improvements for which the impact fee is being charged.
D. The value of a credit for land, including right-of-way and easements, shall be established on a case by case basis by an appraiser selected by, or acceptable to the City Manager or his designee. The appraiser must be licensed in good standing by the State of Montana for the category of the property appraised. The appraiser shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser's certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised. The appraisal shall be in accord with the most recent version of the uniform standards of professional appraisal practice and shall be subject to review and acceptance by the City Manager or his designee.
E. The fee payer shall pay for the cost of the appraisal.
F. After receiving the appraisal, the City Manager or his designee shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate and return such signed document to the City Manager or his designee before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within sixty (60) calendar days shall nullify the credit.
G. Any claim for credit must be made no later than sixty (60) calendar days after the submission of an application for a building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit.
H. Determinations made by the City Manager or his designee pursuant to this section shall be subject to the appeals procedures set forth in section 10-2-6 of this chapter. (Ord. 18-38, 12-3-2018)