§ 70-12. Credits.

(a)

Pursuant to all requirements of this Section, any Applicant subject to an Impact Fee pursuant to this article who elects to undertake all or a portion of a Public Facility Project or who escrows money with the Governing Body for a Public Facility Project shall be eligible for a credit for such contribution against the Impact Fee otherwise due. The Applicant must, prior to the Applicant's construction, dedication or escrow, submit a petition to the Impact Fee Administrator for a determination of credit eligibility.

(b)

A credit may be granted and the amount of the credit may be determined by the Impact Fee Administrator if the proposed Public Facility Project is in the five-year schedule of improvements contained in the Capital Improvements Program. The amount of the credit shall be based upon certified cost estimates submitted by the Applicant and approved by the Impact Fee Administrator. In no event shall the credit exceed the amount of the otherwise applicable Impact Fee.

(c)

The Impact Fee Administrator shall approve, deny, or approve with conditions the petition and establish the amount of credit within 60 days following the filing of a petition.

(d)

If a petition is approved for credit by the Impact Fee Administrator, the Applicant and the Governing Body shall enter into a credit agreement which shall provide for the following, including but not limited to:

(1)

The timing of the actions to be taken by the Applicant and the obligations and responsibilities of the Applicant, including but not limited to the land acquisition and construction standards and requirements to be complied with;

(2)

The obligations and responsibilities of the Governing Body, including but not limited to inspection of the project; and

(3)

The amount of the credit or mechanism to be used to determine the value of dedicated property qualifying for credit.

(e)

Where the Applicant eligible for credit is not the property owner or agent of the property owner requesting a Certificate of Occupancy, such Applicant shall agree to provide recorded notice to subsequent owners of the property regarding the credit, if any, available to purchasers and shall agree to indemnify the County for any and all costs and liabilities arising from any claims related to the Impact Fee credit. If any credit available at the time of issuance of a Certificate of Occupancy is less than the Impact Fee otherwise due, the Applicant shall pay the Impact Fee less the credit at the time of Certificate of Occupancy issuance.

(Ord. No. 2016-045, § 13, 11-8-2016)