Exemptions and credits
(a) Exemptions. Any claim of exemption from payment of impact fees must be made no later than the time of application for a building permit, and any claim not so made shall be deemed waived. The following shall be exempted from payment of an impact fee:
(1) Alterations or expansion of an existing building where no additional residential dwelling units are created and where the use is not changed.
(2) The construction of accessory buildings or structures.
(3) The replacement of a building or structure with a new building or structure of the same use which contains no residential units in addition to those which had been contained in the building or structure which was replaced.
(4) The construction of any nonresidential building or structure.
(5) The installation of a replacement mobile home on a lot or other such site where a mobile home legally existed on such site on or prior to the effective date of the ordinance from which this article derives.
(b) Credits. Land and/or capital improvements may be offered by the feepayer as total or partial payment of the required impact fee. The offer must specifically request or provide for an impact fee credit. If the town manager, with the consent of the town council, accepts such an offer, provided the acceptance is after the effective date of the ordinance from which this article derives, the credit shall be determined and provided in the following manner:
(1) Credit for the dedication of land shall be valued at 115 percent of the most recent assessed value by the town tax assessor or by fair market value established by private appraisers acceptable to the town. Credit for the dedication of land shall be provided when the property has been conveyed at no charge to, and accepted by, the town in a manner satisfactory to the town council.
(2) Applicants for credit for construction of improvements shall submit acceptable engineering drawings and specifications and construction cost estimates to the town, and the town manager shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the town manager determines that such estimates submitted by the applicant are either unreliable or inaccurate. The town manager, with the consent of the town council, shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating the applicant's agreement to the terms of the letter or certificate and shall return such signed document to the town manager before credit will be given. The failure of the applicant to sign, date and return such document within 60 days shall nullify the credit.
(3) Credit against impact fees otherwise due will not be provided until the construction is completed and accepted by the town or a suitable maintenance and warranty bond is received and approved by the town finance director, when applicable.
(4) Any claim for credit must be made no later than the time of application for a building permit.
(5) All school or park/recreation fees in lieu of land dedication payments made to the town at the time of subdivision approval shall be credited against impact fees due on a pro rata basis. Land dedication made to the town at the time of subdivision approval for school or park/recreation purposes shall be credited against impact fees due as follows:
School ..... $492.40 per building lot Recreation/park ..... 172.00 per building lot
(Ord. No. 97-13, § 1, 8-18-1997; Ord. No. 01-13, § 2, 7-9-2001)