Admin Order 58-97-02-F-1 - Laserfiche WebLink

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~,; „. charge under section 7.705 of this chapter, the system development charge. for the existing use shall be calculated and if it is less than 'the system development charge for the proposed use,-the difference between the system development charge for the existing use and the system development charge __ for the proposed use shall be the system development charge required under section 7.705. If the change in use results in the system development charge ..for the .proposed use being less than the system development charge for the existing use,. no system development charge shall. be_required, how- ever, no refund or credit shall be given. {3) The limitations ori the use of credits contained in this sub- section shall not apply when credits are given under subsection 7.730(4) of this section. A credit shall be. given for the cost of aqualified public. improvement associated with a development. If a qualified public improve- ment is located partially on and partially off the parcel of land that is the subject of the approval, the credit shall. be given only for the cost of the portion of the improvement not located on or wholly contiguous to the parcel of land. The credit provided for by this subsection shall be only ' for the public improvement charge. imposed for the type of improvement being constructed .and shall not exceed 'the public improvement charge even if the cost of .the capital improvement exceeds the applicable public improvement charge. (4) When establishing the .methodology, the city manager may pro- vide for a credit against the public improvement charge, the reimbursement .fee, or both, for a capital improvement ,constructed as part of the develop- "meet that reduces the development's demand upon existing capital improve- ments or'the need for future capital improvements or that would otherwise have to be constructed at city expense under the then-existing council poll- ties. (5) Except to the extent that a capital improvement for which a credit is given is part of the phasing of a larger project and that the credit received against the systems development charge is greater than the charge for the phase where the capital improvement is constructed, credit shall not be transferable from. one development toyanother. (6): Credit shall not 'be°transferable from one type of capital im- provements to another. 7.735 SDC - Appeal Procedures: {1) As used in this section "working day" means a day when the general offices of the city ,are. open to transact business with the public. (2) A person aggrieved by a decision required or permitted to be made by the city manager or the manager's designee under sections 7.700 to 7.I30 or a person .challenging the propriety of an expenditure of systems, development charge revenues may appeal the decision or the expenditure by filing with the city manager's office a written request for consideration_by the hearings of€icer and by paying 'the fee for. an appeal established under section 2.020 of this code. Such appear shall describe with particularity the decision or the expenditure from which the person appeals and shall com- ply with subsection {4) of this section. (3) An appeal of an expenditure must be .filed within two years of tfi e date of alleged: improper expenditure. An appeal challenging the metho- dology-may only be filed within I5 working days of the city manager's deci-, sign, thereafter unless modified by the council or a court the methodology Ordinance - 9