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Ordinance 2003-1436
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Ordinance 2003-1436
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Last modified
1/4/2023 3:00:58 PM
Creation date
6/17/2005 9:55:09 AM
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Template:
City Council Records
Doc Type
Ordinance
Signed Date
1/6/2004
Ord/Res - Year
2003
Ord/Res - Number
1436
Original Hardcopy Storage
7E4
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ORD 2003-1436
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(3) A statement under oath of the facts that qualify the Fee Payer to <br /> receive a credit. <br /> <br /> (c) Contribution. <br /> If the proposed offer involves a credit for any contribution for Capital <br /> Facilities, the following documentation shall be provided: <br /> <br /> (1) A certified copy of the Development Permit in which the <br /> contribution was agreed; <br /> <br /> (2) If payment has been made, proof of payment; or <br /> <br /> (3) If payment has not been made, the proposed method of payment. <br /> <br />3. Determination of Completeness. <br /> Within fifteen (15) days of receipt of the proposed application, the City Planning <br /> Director or designee shall determine if the application is complete. If it is <br /> determined that the proposed application is not complete, the City Planning <br /> Director or designee shall send a written statement to the applicant outlining the <br /> deficiencies. No further action shall be taken on the application until all deficiencies <br /> have been corrected or otherwise settled. <br /> <br />4. Decision. <br /> Once the City Planning Director or designee determines the offer for credit is <br /> complete, it shall be reviewed within thirty (30) days and approved if it complies <br /> with the standards in Section 3.18.050.A, Standards. <br /> <br />C. Credit Agreement. <br /> <br />If the offer for credit is approved by the City Planning Director or designee, a Credit <br />Agreement shall be prepared and signed by the applicant and the City Council. The Credit <br />Agreement shall specifically outline the land dedication for Capital Facilities, construction of <br />Capital Facilities, or contribution for Capital Facilities, the time by which it shall be <br />dedicated, completed, or paid, and any extensions thereof, and the value (in dollars) of the <br />credit against the Impact Fees the Fee Payer shall receive for the dedication, construction, or <br />contribution. <br /> <br />D. Accounting of Credits. <br /> <br />Each frae a request to use approved credits is presented to the City, the City Planning <br />Director or designee shall reduce the amount of the Impact Fees, and shall note in the City's <br />records and the Credit Agreement the amount of credit remaining, if any. Upon request of <br />the Fee Payer or the Fee Payer's transferee, the City Planning Director or designee shall <br />issue a letter stating the amount of credit remaining. <br /> <br />Sec. 3.18.060 <br /> <br /> A. <br /> <br /> 1. <br /> <br />Impact Fee Trust Fund. <br /> <br />Establishment of Trust Fund and Trust Accounts. <br /> <br />Establishment of Trust Fund. <br />There is hereby established the Impact Fee Trust Fund (hereinafter "Trust Fund") <br />for the purpose of ensuring Impact Fees collected pursuant to this Chapter are <br />designated for the accommodation of Capital Facility impacts reasonably <br />attributable to new Impact-Generating Development that paid the Fees. <br /> <br />13 <br /> <br /> <br />
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