§ 3.40.120. Developer construction of facilities.

A.

In-Lieu Fee Credits for Construction of Improvements.

1.

A developer that has been required by the town to construct any facilities or improvements (or a portion thereof) described in the resolution adopted pursuant to Section 3.40.020 of this chapter as a condition of approval of a development permit may request an in-lieu credit of the specific development impact fee(s) involved for the same development. Upon request, an in-lieu credit of fees may be granted for facilities or improvements that mitigate all or a portion of the need therefore that is attributable to and reasonably related to the given development.

2.

Only costs proportional to the amount of the improvement or facility that mitigate the need therefor attributable to and reasonably related to the given development shall be eligible for in-lieu credit, and then only against the specific relevant fee(s) involved to which the facility or improvement relates.

3.

Fees required under this chapter shall be reduced by the actual construction costs of the facilities or improvements that relate to the fees, as demonstrated by the developer/applicant and reviewed and approved by the community development director, all consistent with the provision of subsections (A)(1) and (2) of this section. If the costs of the facilities or improvements are greater than required relevant fees, this chapter does not create an obligation on the town to pay the developer/applicant the excess amount.

4.

An amount of in-lieu credit that is greater than the specific fee(s) required under this chapter may be reserved and credited toward the fee of any subsequent phases of the same development, if determined appropriate by the community development director.

5.

Credits shall be calculated by the community development director in accordance with the fee schedule set forth in the resolution adopted pursuant to Section 3.40.020 of this chapter.

B.

Site-Related Improvements. Credit shall not be given for site-related improvements, including, but not limited to, traffic signals, right-of-way dedications, or providing paved access to the property, which are specifically required by the project in order to serve it and do not constitute facilities or improvements specified in the resolution referenced in Section 3.40.30 of this chapter.

C.

Determination of Credit. The developer/applicant seeking credit and/or reimbursement for construction of improvements or facilities, or dedication of land or rights-of-way, shall submit such documentation, including without limitation, engineering drawings, specifications and construction cost estimates, and utilize such methods as may be appropriate and acceptable to the community development director to support the request for credit or reimbursement. The community development director shall determine credit for construction of improvements or facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if he or she determines that such estimates submitted by the developer/applicant are either unreliable or inaccurate. The community development director shall determine whether facilities or improvements are eligible for credit or reimbursement.

D.

Time for Making Claim for Credit. Any claim for credit shall be by the developer/applicant no later than the application for a building permit. Any claim not so made shall be deemed waived.

E.

Transferability of Credit—Council Approval. Credits shall not be transferable from one project or development to another without the approval of the town council.

F.

Appeal of Determinations of Community Development Director. Determinations made by the community development director pursuant to the provisions of this section may be appealed to the town council by filing a written request with the town manager, together with a fee established by resolution of the town council, within ten calendar days of the determination of the community development director. (Ord. 240 §1(part), 1994)