15.24.110 Impact fee credits.
A. A developer shall be entitled to a credit against the park impact fee collected under the fee schedule adopted by this chapter in any of the following situations:
1. Whenever a project is granted approval subject to a condition that the developer actually provide system improvements; or
2. Whenever a developer has agreed, pursuant to the terms of a voluntary agreement with the city, to provide land for system improvements; or
3. Whenever a developer has agreed to make system improvements to existing park facilities; or
B. If, in any of the cases in subsection (A) of this section, the land dedicated, facility constructed, or fee paid is allocated partly toward system improvements and partly toward project improvements, the credit shall be limited to that portion allocated to system improvements.
C. For the purposes of calculating the credit, the land value or costs of construction shall be determined as follows:
1. The amount of credit for land dedicated shall be the higher of either the value of the land established in the parks, recreation, and open space plan, if such value is identified, or by an appraisal conducted by an independent professional appraiser chosen by the fee payer from a list of at least three such appraisers provided by the city. Either the fee payer or the city may request an appraisal, in which event the cost of the appraisal shall be borne by the requesting party. For the purposes of this section, the date of value shall be the date the land was dedicated to the city.
2. The amount of credit for facilities constructed shall be based upon the actual cost of construction at the time of construction.
D. Determinations made pursuant to this section may be appealed to the examiner under Chapter 1.26.
E. A credit must be requested within thirty days of building permit issuance or it is deemed waived.
F. No refund will be allowed in the event that the impact fee credit exceeds the amount of the impact fee itself. (Ord. 956-04 § 11).