Sec. 17-62. - Amount of payment.

(a)

The amount of any fee to be paid for a development project shall be the amount of the fee in effect at the time that full payment is made to the city.

(b)

The amount of any fee to be paid in connection with a change of use shall be:

(1)

The amount of the fee required by subsection (a) of this section for the proposed use.

(2)

Minus the amount of the fee for the last legal use of the existing structure or site.

(c)

In the event that a partial fee payment is made for any development project, the full fee to be paid shall be the amount of the fee in effect at the time that full payment is made to the city, less the amount of the previous partial payment.

(d)

An applicant may request a refund of a fee previously paid in accordance with this article only if the applicant provides written documentation to the satisfaction of the director that:

(1)

The building permit (including any permit or city approval on which the fee was imposed) is cancelled or voided;

(2)

Work has not progressed on the building or other permit which would allow commencement of a new use or change of use; and

(3)

The city has not already committed the fees to the construction of capital improvements. Any refund made under this subsection may include a deduction to cover the city's administrative costs of processing the refund.

(e)

The applicant shall have the burden of proving the amount of any fee previously paid, the date on which payment was made, and the development project for which payment was made.

(Ord. No. 2014-1081, § 1, 11-25-14)

Secs. 17-63—17-69. - Reserved.

DIVISION 3. - CREDITS AND REIMBURSEMENT AGREEMENTS FOR CAPITAL IMPROVEMENTS

Sec. 17-70. - Application for potential credit.

(a)

Applicants may receive credit for providing a capital improvement to the city against impact fees otherwise owed only as provided in this division 3.

(b)

To be eligible for a credit, an applicant must submit a written application to the director that:

(1)

Describes the specified capital improvements proposed to be provided by the applicant, with a crossreference to the description of the specified capital improvements in the relevant implementing resolution.

(2)

Identifies the estimated cost of providing the specified capital improvements (including construction, design, and land acquisition) for which the applicant is requesting credit.

(3)

Describes the development project for which the credit is requested to apply.

(4)

Demonstrates that either:

a.

The applicant is required, as a condition of approval for the development project, to construct the specified capital improvements; or

b.

The applicant requests to build one (1) or more specified capital improvements which benefit the development project.

(5)

To the extent that credit for land acquisition costs are requested, demonstrates that:

a.

The land is required for the capital improvement needs of the city; and

b.

The amount of credit for the land acquisition is equal to a reasonable estimate of the fair market value of the land based upon the costs of a property appraisal completed by a certified MAI appraiser retained by the city at the applicant's expense.

(Ord. No. 2014-1081, § 1, 11-25-14)

Sec. 17-71. - Timing of application.

The application for credit shall be submitted by the applicant to the city at the time of the first application for any city approval for the development project. If the city requires the applicant to construct the capital improvement as a condition of approval for the development project, the applicant may apply for credit before recordation of a final or parcel map for the project or before issuance of a building permit, whichever comes first.

(Ord. No. 2014-1081, § 1, 11-25-14)