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<br />public facility by the affected property owner for public facilities meeting or <br />exceeding the demand generated by the new development for the specific facility and <br />the contribution is determined by the City Manager or his designee, to be a reasonable <br />substitute for the cost of public facilities which are included in the particular impact <br />fee calculation methodology. <br /> <br />2. The amount of the excess contribution shall be determined by the City Manager or his <br />designee upon receipt of an application form requesting an offset; provided, however, <br />that (a) the City Manager will make no reimbursement for excess contributions unless <br />and until the particular public facility fund has sufficient revenue to make the <br />reimbursement without jeopardizing the continuity of the City's capital improvements <br />program and (b) the excess contribution may not be transferred or credited to any <br />other type of impact fees calculated to be due from that development for other type of <br />public facilities. The determination of the eligibility for and the amount of the credit <br />shall be made by the City Manager on a form provided for such purposes. If the <br />applicant contends that any aspect of the City Manager's decision constitutes an abuse <br />of discretion, the applicant shall be entitled to appeal pursuant to Section 5 <br />hereinbelow. <br /> <br />3. No offset shall be allowed unless the Commission has approved the contribution or <br />expenditure before it is made. <br /> <br />4. Offsets for dedication of land or provision of public facilities shall be applicable only <br />as to impact fees imposed for the same types of public facilities that are proposed to <br />be dedicated or provided. Even if the value of the dedication of land or provision of a <br />public facility exceeds the impact fee due for the type of public facility, the excess <br />value may not be transferred to impact fees calculated to be due from the applicant for <br />other types of public facilities for which impact fees may be imposed. Offsets may, <br />however, be transferred to the same applicant or to other applicants for new <br />development that are proposed within the final approved plan for a single <br />development and for the same type of public facility. <br /> <br />5. Notwithstanding any other provision of this Section 3.C., no credit or offset shall be <br />given for land dedicated, cash contributed or actual construction undertaken prior to <br />the effective date of this Ordinance. <br /> <br />D. Collection. <br /> <br />1. The Building Official or designee, shall collect all applicable impact fees at the time <br />of issuance of a building permit and shall issue a receipt to the applicant for such <br />payment unless: <br /> <br />a. the applicant is determined to be entitled to a full offset; or <br /> <br />Municipal Facilities Impact Fee Ord <br />Legislative/Ordinances/Attorney <br />7/18/01 -- 11:45 AM <br /> <br />9 <br />