BIL 324 Draft 02 2006-2008 - Laserfiche WebLink

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(c) Once approved by the council, the credits shall be applied to offset or eliminate the impact fees subsequently owing for the same types of system improvements. (d) If the credit only partially offsets the impact fee in a particular category for a project where the impact fees are collected at the time of subdivision, the credit shall be applied against the impact fees due and payable at the time of subdivision. (e) If the credit only partially offsets the impact fee for a particular category for a project where the impact fees are not collected at the time of subdivision, that will generate a number of individual building permits, such as an industrial subdivision, the impact fee administrator shall determine apro-rata reduction in the future impact fees based upon the expected development of the property and thereafter apply the pro-rata reduction when the impact fees are collected. The property owner may, with the consent of the impact fee administrator, designate a portion of the property for which the credit will apply in which case the credit shall offset the impact fees on that portion of the property until the credit is exhausted. (f) The applicant shall bear the burden of proof that an impact fee credit is appropriate for a system improvement. Section 36-18. Pre-ordinance offsets. (a) Owners of property for which fair share payments have been made, or for which the County had accepted facilities or land in lieu of the payment of fair share, shall be entitled to offset such fair share payments or amounts accepted in lieu of fair share pursuant to subsections (b) and (c). (b) When the payment of the fair share or the acceptance of facilities or land in lieu of fair share was accepted by the County in complete satisfaction of the fair share requirement for a type of development, such as the residential or hotel units allowed within a project, no impact fees for that type of development in the project shall be assessed, provided that the number of units is not increased. However, impact fees shall be assessed against other impact-generating development for which no fair share was contributed. (c) When the payment of fair share was only in partial satisfaction of the fair share requirement, it shall offset the impact fees owed on adollar-for-dollar basis against the type of development. The impact fee administrator shall determine apro-rata reduction in the future impact fees based upon the expected development of the property and thereafter apply the pro-rata reduction when the impact fees are collected. (d) After the enactment of this ordinance, but prior to its effective date, owners of property who owe fair share may elect to make payments under the terms of the fair share condition in the zoning ordinance, or under the payment schedule contained in this ordinance. Such property owners may also apply for in-lieu credit under the terms of this ordinance. -18-