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A. Credit for Existing Development. Whenever the alteration, reconstruction, remodeling, or replacement of existing buildings or structures results in additional gross floor area or additional dwelling units, the applicant may receive credit for the existing buildings or structures and an impact fee may be required only for the additional gross floor area or additional dwelling units.

B. Credit for Construction of Public Facilities.

1. If a development subject to an impact fee is approved subject to a condition that the applicant construct a public facility that is identified in the city’s or affected district’s capital facilities plan and is acceptable to the city and any affected district, the development applicant is entitled to a credit for the actual cost of providing the facility against the impact fee for that type of public facility.

2. For each request for a credit or credits, once the city has determined that the dedication improvements and/or construction would be suitable for district purposes, the city must select an appraiser. The appraiser will be directed to determine the value of the dedication, improvements, or construction provided by the feepayer on a case-by-case basis.

3. The feepayer will pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the Director may be providing to the feepayer, in the event that a credit is awarded.

4. After receiving the appraisal and after consultation with any affected district, the Director will provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the donation, 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 Director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days will nullify the credit.

5. Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit.

6. In no event may the credit exceed the amount of the impact fees that would have been due for the proposed development activity.

7. No credit may be given for improvements that are not system improvements.

8. For each request for a credit for significant past tax payments made for particular public facility system improvements, the feepayer must submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvements. (Ord. 3022 § 4 (Att. A), 2018)