§ 47-38A.8. Credits.

(a)

Credits against park impact fees shall be provided for reimbursements from impact fees collected by the city and shall be provided for contributions toward the cost of system improvements for the same type of facility subject to the provisions herein. Approved credits shall generally become effective when a dedication of land, construction of improvements or monetary payments have been accepted by the city.

(b)

Applicants may obtain credits for park system improvements completed or monetary payments made prior to the commencement date of this section. Application for such credits must be made, on forms provided by the city, within one (1) year after the commencement date of this section. In the event that the development for which the credits are claimed is partially completed, the amount of the credits shall be reduced by the amount of the impact fees that would have been charged for the completed portion of the development had this section been in effect. In the event that the impact-generating development project has been fully completed, no credits shall be issued. If some credits are warranted, the developer shall enter into an agreement with the city as specified above. In no event shall excess credits be provided for pre-ordinance contributions.

(c)

Generally, land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or other recreation purposes, and shall be relatively level and dry. A recreation site shall generally have a total frontage on one (1) or more streets of at least one hundred (100) feet, and no other dimension of the site shall be less than two hundred (200) feet or as approved by the parks and recreation department. The parks and recreation department may refer any subsection proposed to contain a dedicated park to the appropriate neighborhood association for its recommendation. All land to be reserved for dedication to the city for park purposes shall have prior approval of the parks and recreation department.

(d)

In order to receive credit for system improvements, the developer shall submit complete engineering 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.

(e)

To qualify for an impact fee credit, the developer must enter into an agreement with the city. At a minimum, the developer agreement shall specify the amount of the credit, and how the fees within the development project for which the contribution was made will be reduced. If the amount of the credit exceeds the impact fees that would otherwise be due from the development, the agreement shall specify how the developer will be reimbursed for the amount of excess credit.

(f)

Credits provided pursuant to this section shall be valid from the commencement date of such credits until ten (10) years after such date.

(Ord. No. C-06-14, § 2, 6-20-06)