Draft Ord_Bill 324_Hoffmann_2008COM 1329 015 2006-2008

Home

the refund. No interest will be paid on refunds issued pursuant to this subsection." 12. Bill 324, section 36-17(a) and (b) relating to "Post- ordinance credits" are amended to read as follows: "(a) After the effective date of this ordinance, credit from impact fees shall be provided for system improvements for the same type of facility built by private parties, or for land dedicated to and accepted by the County in lieu of the impact fee payments. 1 } Approved credits shall become effective when the improvements have been completed and have been accepted by the County, or their construction secured by bond or other equivalent security. (2) No credit will be applied to either the road impact fee for improvements to the major roadway facilities that primarily serve traffic generated by the applicant's project, such as roads within a develo ment or acceleration/deceleration lanes into and out of the project, or to the pans impact fee for parrs that are not available for use by the general public. (3) Approved credits for land dedication shall become effective when the land has been conveyed to and has been accepted. by the County. (b) To receive credit for system improvements, the developer shall submit construction drawings, specifications, and construction cost estimates or property appraisals to the impact fee administrator. The impact fee administrator shall determine the amount of credit due based on the information submitted, or where such information is inaccurate or unreliable, then, on alternative engineering or construction costs acceptable to the impact fee administrator. The impact fee administrator may independently determine the amount of credit to be approved for land dedication by securing other property appraisals, or requiring submittal of other relevant information, and may consult with the department of public works or other relevant county departments. The impact fee administrator shall make a recommendation to the council on whether or not to accept a request for in -lieu credit. The council shall, by resolution, decide whether to accept the request." 13. Bill 324, .section 36 -17 relating to "Post- ordinance credits" is amended by adding a new, subsection (f) to read as follows: "f The applicant shall bear the burden of proof that an impact fee credit is appropriate for a system irn rovement." ._� 7