§ 18-14. Exemptions and credits.

(a)

Exemptions. The following activities shall be exempted from payment of the transportation impact fee:

(1)

Alterations or expansions of an existing building where no additional units are created, and where no additional vehicular trips will be produced over and above that produced by the existing use.

(2)

The construction of an accessory building which will not produce additional vehicular trips over and above that which is produced by the principal building or use of the land.

(3)

The replacement of a building with a new building, provided that no additional trips will be produced over and above those produced by the original use of the land.

(4)

The construction of a sanctuary or church adjacent to and in connection with an existing sanctuary or church, notwithstanding that the existing church or facility is not demolished but is used for other church activities, provided that the exemption from the fee which would otherwise be due shall be limited to an amount of square footage equal to the size of the existing sanctuary.

(b)

Credits.

(1)

No credit shall be given for site-related improvements, except as provided for in subsection (2) of this subsection (b).

(2)

All roadway improvements and/or right-of-way dedications required under a city development order or approval which are included within the roads contemplated in section 18-12(b)(1), except for those improvements deemed site-related, shall be credited against transportation road impact fees. In addition, any person who constructs or contributes land, money or services for any road improvements (whether site-related or not) contemplated in section 18-12(b)(1) which are included within the most recently adopted five-year work program shall be entitled to credits against transportation impact fees imposed pursuant to this article in accordance with subsection (3) of this subsection (b).

(3)

Credits shall apply to the person making the contribution. Such person shall have the right to transfer all or a portion of the available credits. Any transfers of this type which occur shall be filed with growth management services group at the time of or prior to the approval of a development order on a form provided by the city. The costs utilized in computing credits shall be reasonable, but not to exceed the actual, costs of the improvements constructed or contributed. The person seeking determination of the credit shall present cost estimates and property appraisals prepared by qualified professionals to be utilized by the public works department and department of community development in determining the amount of credits. The city retains the right to prepare its own cost estimate for its use in determining the credit allowed by this subsection.

(Ord. No. 04-21, § 1, 7-27-04)