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(1) The City shall grant a credit against the SDC, which is otherwise assessed for a New Development, for any Qualified Public Improvement(s) constructed or dedicated as part of that New Development. The Applicant bears the burden of evidence and persuasion in establishing entitlement to an SDC Credit and to a particular value of SDC Credit.

(2) To obtain an SDC Credit, the Applicant must specifically request a credit prior to the City’s issuance of a building permit for the New Development. In the request, the Applicant must identify the improvement(s) for which credit is sought and explain how the improvement(s) meets the requirements for a Qualified Public Improvement. The Applicant shall also document, with credible evidence, the value of the improvement(s) for which credit is sought. If, in the Administrator’s opinion, the improvement(s) is a Qualified Public Improvement, and the Administrator concurs with the proposed value of the improvement(s), and SDC Credit shall be granted. The value of the SDC Credits under this Section shall be determined by the Administrator based on the cost of the Qualified Public Improvement, or the value of land dedicated, as follows:

(a) For dedicated lands, the value shall be based upon a written appraisal of fair market value by a qualified, professional appraiser selected by the applicant and approved by the city, based upon comparable sales of similar property between unrelated parties in an arms-length transaction;

(b) For improvements yet to be constructed, value shall be based upon the anticipated cost of construction. Any such cost estimates shall be certified by a professional architect or engineer or based on a fixed price bid from a contractor ready and able to construct the improvement(s) for which SDC Credit is sought;

(c) For improvements already constructed, value shall be based on the actual cost of construction as verified by receipts submitted by the Applicant;

(d) The amount of the SDC Credit shall be limited to the value of the land and improvements multiplied by the percentage of the maximum allowable SDC rates adopted by Resolution.

(3) The Administrator will respond to the Applicant’s request in writing within 30 days of when the request is submitted. The Administrator shall provide a written explanation of the decision on the SDC Credit request.

(4) If the Applicant disputes the Administrator’s decision with regard to an SDC credit request, including the amount of the credit, the Applicant may seek an Alternative SDC Credit calculation under 3.875. Any request for an Alternative SDC Credit calculation must be filed with the Administrator in writing within 30 calendar days of the written decision on the initial credit request.

(5) Where the amount of an SDC Credit approved by the Administrator under this Section exceeds the amount of the SDC assessed by the City upon a New Development, the excess credit may be applied against SDCs that accrue in subsequent phases of the original development project. Any excess credit must be used not later than ten years from the date the credit is given.

(6) Notwithstanding any other provision of this ordinance, the City may, by action of the City Council, provide a greater credit, establish a system providing for the transferability of credits, provide a credit for a capital improvement not identified in the CIP, or provide a share of the cost of a capital improvement by means other than a credit, including the process that credits in excess of the Parks SDC may be paid in cash to the developer upon completion and acceptance of the facilities and authorization by the City Council.

[Added Sec. 11, Ord. No. 2006-14, Jan. 19, 2006; Amd. Sec. 3, Ord. No. 2016-145, Dec. 15, 2016.]