Ordinance 2001-134 - Laserfiche WebLink

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of the prospective applicant and shall in no way bind the City nor preclude it from making amendments or revisions to any provisions of these Procedures, the specific impact fee implementing ordinances, or the impact fee schedules. 6. The calculation of impact fees due from a multiple-use new development shall be based upon the impact fee for each public facility generated by each land use type in the new development. 7. The calculation of impact fees due from a phased new development shall be based upon the impact fees due for each specific land use within the phase of development for which building permits are requested. 8. Impact fees shall first be calculated based on the impact fee amount in effect at the time of application for a building permit, but the amount of the impact fee due is the amount of the impact fee in effect on the date of issuance of the building permit. C. Offsets. 1. Offsets against the amount of a impact fee due from a new development shall be provided for, among other things, contributions made concurrently or to be made in the future in cash, or by dedication of land, or by actual construction of all or part of a public facility by the affected property owner for public facilities meeting or exceeding the demand generated by the new development for the specific facility and the contribution is determined by the City Manager or his designee, to be a reasonable substitute for the cost of public facilities which are included in, the particular impact fee calculation methodology. 2. The amount of the excess contribution shall be determined by the City Manager or his designee upon receipt of an application form requesting an offset; provided, however, that (a) the City Manager will make no reimbursement for excess contributions unless and until the particular public facility fund has sufficient revenue to make the reimbursement without jeopardizing the continuity of the City's capital improvements program and (b) the excess contribution may not be transferred or credited to any other type of impact fees calculated to be due from that development for other type of public facilities. The determination of the eligibility for and the amount of the credit shall be made by the City Manager on a form provided for such purposes. If the applicant contends that any aspect of the City Manager's decision constitutes an abuse of discretion, the applicant shall be entitled to appeal pursuant to Section 5 hereinbelow. 3. No offset shall be allowed unless the Commission has approved the contribution or expenditure before it is made. Parks & Rec Impact Fee Ord LMD:ch 7120/01 - 11:36 AM 9