19.12.083 Credits.
A. Credit Allowed. The director, or, in the case of school impact fees, the superintendent, shall reduce the calculated proportionate share for a particular development by giving credit for the benefit factors described in this section.
B. Procedure for Obtaining Credit, Time to Request Credit. Requests for credits against impact fees will not be considered unless the developer makes the request in writing, concurrent with submission of the application for the underlying development permit triggering the impact fee. For example, credit for impact fees relating to a preliminary plat must be submitted concurrent with submission of the application for the preliminary plat application, not the final plat or building permits for development in the plat.
C. Benefit Factors. The director will consider the following benefit factors when determining whether an impact fee credit is appropriate:
1. Developer’s Dedication of Land and/or Construction of System Improvements. The value of any dedication of land for, improvement to, or new construction of any system improvements provided by the developer, to facilities required by the city that are identified in the capital facilities plan and that are required by the city as a condition of approving the development activity, as long as the following conditions are satisfied. For school impact fees, the superintendent shall consider the value of any dedication of land for, improvement to, or new construction of any system improvements provided by the developer to facilities identified in the school district’s capital facilities plan, as long as the following conditions are satisfied.
a. The system improvements are located on land owned by the city, Pierce County, the school district or a special purpose district; and
b. A designated public owner is responsible for permanent, continuing maintenance and operation of the system improvements; and
c. The director or superintendent determines that the system improvements correspond to the type(s) of park, school and transportation system improvements that are reasonably related to the development as determined pursuant to this chapter; and
d. The director determines, after consultation with the county, school district or special purpose district, as applicable, and an analysis of supply and demand data, the parks, open space and recreation plan, the six-year road plan and the adopted Pierce County park and transportation plan, that the proposed park and transportation system improvements better meet the city’s need for park and transportation system improvements than would payment of funds to mitigate the park and transportation impacts of the development;
e. In the determination of credit toward the impact fee, the director or superintendent shall also consider the extent to which the proposed dedication or conveyance meets the following criteria:
i. The land should result in an integral element of the Gig Harbor park/road system;
ii. The land is suitable for future park, school and/or transportation facilities;
iii. The land is of appropriate size and of an acceptable configuration;
iv. The land has public access via a public street or an easement of an equivalent width and accessibility;
v. The land is located in or near areas designated by the city or county on land use plans for park, trail or recreational purposes, or, in the case of schools, is appropriately located for school facilities;
vi. The land provides linkage between Pierce County and/or other publicly owned recreation and transportation properties;
vii. The land has been surveyed or adequately marked with survey monuments, or is otherwise readily distinguishable from adjacent privately owned property;
viii. The land has no known physical problems associated with it, such as the presence of hazardous waste, drainage, erosion or flooding problems which the director or superintendent determines would cause inordinate demands on public resources for maintenance and operation;
ix. The land has no known safety hazards;
x. The developer is able to provide documentation, as nearly as practicable, of the land’s compliance with the criteria of this subsection, and of clear title;
xi. The developer is able to provide and fund a long-term method, acceptable to the director or superintendent, for the management and maintenance of the land, if applicable.
D. Requirement for System Improvement Plan. When the director or superintendent has agreed to a developer’s proposal to satisfy some or all of the impact fee through the purchase, installation and/or improvement of park, school and/or transportation facilities, the developer shall prepare and submit a system improvement plan to the director, and, if applicable, to the superintendent for approval prior to recordation of a plat or short plat for subdivisions, and prior to issuance of a building permit for all other developments.
E. Statutory Benefit Factors. The director may consider any applicable benefit factors, as described in RCW 82.02.060 (as it now exists or may hereafter be amended), that are demonstrated by the applicant not to be included in the calculation of the impact fee.
F. Amount of Credit. The credit against the impact fee shall be equal to the fair market value of the purchased/dedicated property or equal to the cost of the completed system improvements. In those situations in which a developer has not yet installed or constructed system improvements and requests a credit for the system improvement(s), the city engineer (or superintendent for school facilities) shall estimate the cost of the system improvements, which shall be the credit allowed to the developer in the decision on the amount of the impact fee. If a credit is granted for a system improvement that has not been constructed, the developer shall pay the full impact fee without the credit, at the time established in GHMC 19.12.110. After construction and/or installation of the system improvement, the developer may request the credit granted by the engineer under this subsection, and the city shall refund the difference of the impact fee to reflect the credit; provided, that if the city and the property owner have entered into a development agreement on or before the effective date of the ordinance codified in this section, and the agreement requires the construction of such improvements, the city may allow a credit to be subtracted from the impact fee paid at the time established in GHMC 19.12.100.
G. PRDs, PUDs and Mobile Home Parks. A developer of a planned residential development, a planned unit development or a mobile home park may receive credit only for park, school and transportation facilities provided in addition to those normally required under SEPA for such developments pursuant to Chapter 18.04 GHMC.
H. Credit to Apply Proportionately to Units. The amount of credit determined pursuant to this subsection shall be credited proportionately among all of the units in the development, and the impact fee for each unit for which a permit or approval is applied shall be reduced accordingly.
I. Limits on Credit Requests. Applicants may not request that an impact fee credit be provided for a proposed development based on taxes, user fees, assessments, improvements, payments or other benefit factors applicable to property that is not included within the proposed development.
J. Local Improvement Districts. Applicants shall receive credit against the impact fee equal to the amount of an LID assessment paid for transportation-related system improvements identified by the director as increasing transportation system capacity.
K. Appeals of Credits. The director or superintendent shall issue a written decision on the developer’s request for a credit of the impact fee calculation, which shall explain why the credit was granted or denied. The developer may request reconsideration and appeal the impact fee amount and credit pursuant to GHMC 19.12.170. If the procedures in GHMC 19.12.170 are not timely followed to request an appeal of the credit, the director or superintendent’s decision on the impact fee credit shall be final. (Ord. 1079 § 2, 2007).