§ 3.92.080. Credits

A. A fee payer can request that a credit or credits be awarded to him/her for the value of dedicated land, specified improvements, or construction provided by the fee payer if the land, improvements, and/or the facility constructed are included within the adopted parks and recreation comprehensive plan and adopted capital facilities plan or the director makes the finding that such land, improvements, and/or facilities would serve the goals and objectives of the capital facilities plan; provided that, where the dedicated land, improvements, and/or construction is for the benefit of the city, the fee payer shall direct the request for a credit or credits to the city. The director shall first determine the general suitability of the land, improvements, and/or construction for park and recreation purposes. Second, the director shall determine whether the land, improvements, and/or the facility constructed are included within the department's adopted capital facilities plan or may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the capital facilities plan of the city. The director shall forward its determination to the council for final decision.

B. For each request for a credit or credits, if appropriate, the director shall select an appraiser from a list of independent appraisers maintained by the city and the appraiser shall be directed to determine the value of the dedicated land, improvements, and/or construction provided by the fee payer on a case-by-case basis. For each request for a credit or credits for significant past tax payments for park and recreation impact fees, the fee payer shall submit receipts and a calculation of past tax payments earmarked for or pro-ratable to the particular improvement.

C. The fee payer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the director may be providing to the fee payer, in the event that a credit is determined to be awarded.

D. Any claim for credit must be made no later than thirty calendar days after the date of submission of an application for a building permit.

E. No credit shall be given for residential project improvements.

F. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in Section 3.92.100 below.

(Ord. 2474 § 6, 1998)