Admin Order 58-97-02-F-2 - Laserfiche WebLink

New Search

;:. _ .charge. under section 7.705 of this chapter, the system development charge for the existing use'sha7i 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 requiredunder section 7.705. If the change in use results in the system development charge for the proposed vse 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 .l imitations on 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 a qualified 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.. i'he 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- - ment that reduces the development',s demand-upon existing capital improve- .. meats or the need for future capital improvements or that-would otherwise have to be constructed at city expense under tfi a then-existing council poli- cies. (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- p rovements 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 7.730 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 officer and by paying the fee for an appeal established under section 2-.020 of this code: .Such appeal shall describe with particularity- the decision or the expenditure from which the person appeals, and shall com- ply with subsection (4) of thin section. (3) An appeal of an expenditure must- be filed within :two years of the date of alleged improper expenditure. An .appeal challenging the metho= dology may only be.filed within 15 working days of the city ,manager's-deci= lion, thereafter unless modified by the council or a court the methodology :Ordinance - 9