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<br />7. The calculation of impact fees due from a phased new development shall be based <br />upon the impact fees due for each specific land use within the phase of development <br />for which building permits are requested. <br /> <br />8. Impact fees shall first be calculated based on the impact fee amount in effect at the <br />time of application for a building permit, but the amount of the impact fee due is the <br />amount of the impact fee in effect on the date of issuance of the building permit. <br /> <br />C. Offsets. <br /> <br />1. Offsets against the amount of a impact fee due from a new development shall be <br />provided for, among other things, contributions made concurrently or to be made in <br />the future in cash, or by dedication of land, or by actual construction of all or part of a <br />public facility by the affected property owner for public facilities meeting or <br />exceeding the demand generated by the new development for the specific facility and <br />the contribution is determined by the City Manager or his designee, to be a reasonable <br />substitute for the cost of public facilities which are included in ~he particular impact <br />fee calculation methodology. <br /> <br />2. The amount of the excess contribution shall be determined by the City Manager or his <br />designee upon receipt of an application form requesting an offset; provided, however, <br />that (a) the City Manager will make no reimbursement for excess contributions unless <br />and until the particular public facility fund has sufficient revenue to make the <br />reimbursement without jeopardizing the continuity of the City's capital improvements <br />program and (b) the excess contribution may not be transferred or credited to any <br />other type of impact fees calculated to be due from that development for other type of <br />public facilities. The determination of the eligibility for and the amount of the credit <br />shall be made by the City Manager on a form provided for such purposes. If the <br />applicant contends that any aspect of the City Manager's decision constitutes an abuse <br />of discretion, the applicant shall be entitled to appeal pursuant to Section 5 <br />hereinbelow. <br /> <br />3. No offset shall be allowed unless the Commission has approved the contribution or <br />expenditure before it is made. <br /> <br />4. Offsets for dedication of land or provision of public facilities shall be applicable only <br />as to impact fees imposed for the same types of public facilities that are proposed to <br />be dedicated or provided. Even if the value of the dedication of land or provision of a <br />public facility exceeds the impact fee due for the type of public facility, the excess <br />value may not be transferred to impact fees calculated to be due from the applicant for <br />other types of public facilities for which impact fees may be imposed. Offsets may, <br />however, be transferred to the same applicant or to other applicants for new <br />development that are proposed within the final approved plan for a single <br />development and for the same type of public facility. <br /> <br />Police hnpact Fee Ord. <br />Legislative/Ordinance/ Attorney <br /> <br />9 <br />