53.11 Credits.
(A) When a system development charge is required to be paid because of a change of use as defined in § 53.09 of this chapter, a credit shall be given for the system development charge that is applicable to the prior use.
(B) A credit shall be given to the permittee for the cost of a “qualified public improvement,” as defined in § 53.03 of this chapter.
(1) The credit provided for here is only for the improvement fee charged for the type of improvement being constructed, and credit for qualified public improvements may be granted only for the cost of that portion of such improvement that exceeds the city’s minimum standard facility size or capacity needed to serve the particular development project or property. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under this division (B).
(2) The city may deny the credit provided for within this division (B) if the city demonstrates:
(a) The application does not meet the definition of a “qualified public improvement,” as found in § 53.03 of this chapter; or
(b) The improvement for which the credit is sought was not included in the plan and the Attachment A (attached to Ordinance 2009-01) list.
(3) When the construction of a qualified public improvement gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project receiving development approval, the excess credit may be applied against improvement fees that accrue in subsequent phases of the original development project.
(4) The city may utilize an SDC Overlay, as defined and used in §§ IV and IX of Attachment A (attached to Ordinance 2009-01).
(5) The request for credit under this division (B) shall be filed in writing no later than 30 days after acceptance of the improvement by the city.
(C) Credits shall not be transferable from one development to another; nor shall credits be transferable from one type of system development charge to another.
(D) Credits shall be used within 10 years from the date the credit is given. (Ord. 2009-01, passed 05/11/2009; Ord. 2022-01, passed 06/13/2022. Formerly 51.40)