13.24.140 Exemption and credits.
A. The following shall be exempted from payment of the impact fee:
1. Alterations or expansion of an existing building where no additional vehicular trips will be produced over and above those produced by the existing or historic use of structure.
2. The construction of accessory buildings or structures which will not produce additional vehicular trips over and above those produced by the principal building or use of the land.
3. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use provided that no additional trips will be produced over and above those produced by the original use of the land.
4. The installation of a replacement mobile home on a lot or other such site when a transportation impact fee for such mobile home site has previously been paid pursuant to this ordinance or where a mobile home legally existed on such site on or prior to the effective date of this chapter.
5. Any claim of exemption must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.
B. Credits.
1. No credit shall be given for site-related improvements or right-of-way dedication.
2. All mandatory or required right-of-way dedications and/or street improvements made by a fee payer, subsequent to the effective date of this chapter, except for site-related improvements, shall be credited on a pro rata basis against transportation impact fees otherwise due or to become due for the development that prompted the city to require such dedications or street improvements. Such credits shall be determined and provided as set forth in Sections 13.24.140(B)(3)(a), (b), (c) and (d).
3. A fee payer may obtain credit against all or a portion of transportation impact fees otherwise due or to become due by offering to dedicate offsite improvements. This offer must specifically request or provide for a transportation impact fee credit. Such construction must be in accordance with city, county or state design standards, whichever is applicable. If the engineer accepts such an offer, whether the acceptance is before or after the effective date of this chapter, the credit shall be determined and provided in the following manner:
a. Credit for the dedication of offsite right-of-way shall be valued at (i) one hundred fifteen percent of the most recent assessed value by the county assessor, or (ii) by such other appropriate method as the city council may have accepted prior to the effective date of this chapter for particular right-of-way dedications and/or roadway improvements, or (iii) at the option of the fee payer, by fair market value established by a certified appraiser. Credit for the dedication of right-of-way shall be provided when the property has been conveyed at no charge to, and accepted by, the city in a manner satisfactory to the city council.
b. Applicants for credit for construction of non-site-related street improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the engineer. The engineer shall determine credit for street construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the city engineer determines that such estimates submitted by the applicant are either unreliable or inaccurate. The engineer shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, 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 agreement to the terms of the letter or certificate and return such signed document to the city engineer before credit will be given. The failure of the applicant to sign, date, and return such document within sixty days shall nullify the credit.
c. Except as provided in subsection (B)(3)(d) of this section, credit against impact fees otherwise due will not be provided until:
i. The construction is completed and accepted by the city;
ii. A suitable maintenance and warranty bond is received and approved by the engineer, when applicable; and
iii. All design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with the then current city standards.
d. Credit may be provided before completion of specified roadway improvements if adequate assurances are given by the applicant that the standards set out in subsection (B)(3)(c) of this section will be met and if the fee payer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the engineer in an amount determined by the engineer consistent with the then current subdivision ordinance. If the street construction project will not be constructed within one year of the acceptance of the offer by the city engineer, the amount of the security shall be increased by ten percent compounded, for each year of the life of the security. The security shall be reviewed and approved by the engineer prior to acceptance of the security by the city clerk. If the road construction project is not to be completed within five years of the date of the fee payer’s offer, the city council must approve the road construction project and its scheduled completion date prior to the acceptance of the offer by the engineer.
4. Any claim for credit must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.
5. Credits shall not be transferable from one project or development to another without the approval of the city engineer.
6. In the event fee schedules are subsequently changed to reflect increases or decreases in construction costs or other relevant factors, then a fee payer may request a recalculation of credits to fairly reflect such changed circumstances.
7. Determinations made by the engineer pursuant to the credit provisions of this section may be appealed to the city council by filing a written request with the city clerk within ten days of the city engineer’s determination. (Ord. 469 §1, 2002).