A. An applicant may request a credit against the amount of impact fees otherwise applicable to a development activity for the total value of dedicated land, improvements, or construction provided by the applicant as a condition of development approval. Credits will apply only if and to the extent that the land dedicated, improvements provided, and/or facilities constructed are:
1. For transportation facilities constituting system improvements that are funded in whole or in part by impact fees; and
2. Located at suitable sites and constructed at an acceptable quality level as determined by the city.
B. The city engineer shall determine if a request for credits satisfies the criteria contained in subsection (A) of this section.
C. The value of credits for structures, facilities or other improvements shall be established by documentation provided to the city engineer by the applicant.
D. The value of a credit for land, including but not limited to right-of-way and easements, shall be determined on a case-by-case basis by an appraiser selected by, or acceptable to, the city engineer.
E. The cost of any appraisal under this section shall in the city’s discretion either be (1) borne exclusively by the applicant, or (2) deducted from the otherwise-applicable impact fee credit.
F. After receiving the appraisal and/or improvement cost documentation from the applicant, the city engineer shall provide the applicant with a written statement setting forth the dollar amount of the credit, the basis for the credit, the legal description of any dedicated real property, and a description of the development activity to which the credit shall be applied. The applicant shall sign and date a duplicate copy of said statement indicating his/her consent to the terms thereof, and shall return the signed document to the city engineer prior to application of the impact fee credit. The applicant’s failure to sign, date, and return said statement within sixty calendar days may nullify the credit.
G. No credit shall be given for dedications for, contributions toward or construction of project improvements.
H. If the amount of the credit is less than the calculated fee amount, the difference remaining shall be chargeable as an impact fee and paid at the time of application for the building permit. In the event the amount of the credit is calculated to be greater than the amount of the impact fee due, the applicant shall forfeit such excess credit.
I. In the event that the city adopts impact fees that are less than the amount determined in the rate study, and provided that the amount of the reduction is achieved by a discount or similar policy determination to reduce the fee without revising the underlying studies, data, or assumptions, then credits shall be given only in an amount by which the value of the credit exceeds the value of the discount used to adopt the impact fees.
J. Any request for a credit must be submitted in writing to the city engineer within sixty calendar days of the city’s receipt of the building permit application for the underlying development activity. An applicant’s failure to timely file a request by said deadline shall conclusively waive the applicant’s entitlement to any such credit.
K. Determinations made by the city engineer pursuant to this section shall be subject to appeal pursuant to MMC 3.54.080. (Ord. 005/2019 § 9)