§ 42-58. Credits.

(a)

An applicant shall be entitled to a credit against the road impact fee assessed pursuant to this division in an amount equal to the cost of off-site improvements, including on-site arterial roads serving other developments, and the cost of improvements to on-site roads which create excess capacity for general public traffic or contributions of land, money or services for off-site improvements contributed or previously contributed by the applicant or his predecessor in interest as a condition of any development agreement entered into with the city. Such credit shall be based on the following criteria:

(1)

The actual cost or estimated cost of improvements, based on recent bid sheet information of the city or the county, of off-site related improvements by the applicant to the road system. Off-site improvements eligible for a credit are those improvements proposed for a building site which are required by the city to serve the building's external trips and general public traffic. Improvements not eligible for a credit are those necessary to serve internal trips or to provide safe and adequate ingress and egress, such as acceleration and deceleration lanes, turn lanes, traffic signals, paving of existing rights-of-way, or perimeter roads.

(2)

The actual cost or estimated cost of improvements based on recent bid sheet information of the city or the county with respect to that portion of on-site roads which create excess capacity for general public traffic.

(3)

The contribution of land, money or services by the applicant for off-site improvements to the road system and for improvements to on-site roads which create excess capacity for general public traffic. The credit for land contribution will be based on pro rata share of the appraised land value of the parent parcel as determined by an M.A.I. appraiser selected and paid for by the applicant and approved by the city manager, or based on such other method as may be mutually agreed upon by the applicant and the city manager. If the city manager disagrees with the appraised value, the city may select and pay for another appraiser, and the credit shall be an amount equal to the average of the two appraisals.

(4)

Unless otherwise provided in a development agreement between the city and the applicant or his predecessors in title, no credit for contributions or donations made prior to the effective date of the ordinance from which this division derives shall be granted unless the cost of the improvements were paid for or the contributions were made within the two years prior to the effective date of the ordinance from which this division derives.

(5)

No credit shall exceed the amount of the road impact fee assessed under section 42-55, 42-56 or 42-57, unless specifically negotiated with the city commission.

(6)

Any credit issued shall take into account as an offset to the credit an amount equal to the impact fee imposed by section 42-55 multiplied by the number of permits issued on the effective date of the ordinance from which this division derives as if this division had been in effect at the time of issuance of such permits.

(b)

The amount of the credit shall be determined by the city manager; provided, however, the city manager's determination may be appealed to the city commission, whose decision shall be final and binding on the applicant.

(c)

Any credit issued pursuant to this section may be transferred by the applicant to any successor in interest of the property.

(d)

Road impact fee credits pertaining to property which credits are issued or exist pursuant to this Code may be transferred and applied, in whole or in part, to other property under the same ownership, if the city determines, that such transfer is necessary or appropriate to encourage the redevelopment of either the property from which or to which the credits are transferred in order to promote and enhance the physical, economic and societal environs on and surrounding either such property. Such transfer shall only be available and become effective if the city and property owner enter into a written agreement specifying the terms of such transfer. Transferred credits shall be treated the same as other credits under this section.

(e)

Previous development agreements wherein voluntary road impact fees were specified and paid shall be binding as to any building permit already issued on land subject to the development agreement.

(Code 1988, § 11.5-28; Ord. No. 15-30, § I, 4-9-15)