§ 33H-15. Credits.  


Latest version.
  • (a)

    Credits for Local Park Open Space Fee.

    (1)

    Credit for past open space. Credit for up to one hundred (100) percent of the Local Park Open Space Fee shall be given by the Director for dedication of land for a local park, fee-in-lieu of land dedication, or contributions of improvements at a local park in-lieu-of open space that were voluntarily proffered or required under a County development order issued for a development of regional impact or under other final county action approved prior to the date of implementation (June 29, 1990) of this chapter. Any claim for credit pursuant to this Section 33H-15(a) shall follow the crediting procedures for issuance of credits provided therein. A credit shall only be considered against the Park Open Space Fee for those properties encompassed by the previous development order.

    (2)

    Any feepayer claiming such credit shall file a credit application and present documentation to be considered by the Director in determining the amount of credit to be given toward the local park open space fee. Such determination shall be subject to administrative charges specified below and procedures set forth in the manual. No refunds shall be made under this provision of this section. Any appeal from such a determination by the Director shall be reviewed by the Developmental Impact Committee Executive Council pursuant to the procedures set forth in the adopted manual.

    (3)

    Where a feepayer seeks to apply a credit against payment of the park impact fee, the administrative fee portion of the impact fee shall be the sum of: (a) seven and one-half (7½) percent of the credit or one thousand dollars ($1,000.00) whichever is less and (b) seven and one-half (7½) percent of the remaining net park cost not satisfied by the credit.

    (4)

    Previously approved park impact fee credits which are: (1) unused and (2) based on a net park cost which has been subsequently adjusted, shall be entitled to an adjustment equal to the percentage increase or decrease of the net park cost in the park impact fee formula. Any such adjustment shall only be utilized to offset park impact fees and shall not be refundable.

    (b)

    Credit for Future Local Park Dedications.

    (1)

    When the feepayer agrees to dedicate land for a local park in accordance with Sections 4.B and 6, a credit for up to the full amount of the open space fee may be given by the Director on an acre per acre basis.

    (2)

    Where a feepayer seeks to apply a contribution in-lieu-of fee credit against payment of the park impact fee, the administrative fee portion of the impact fee shall be the sum of: (a) seven and one-half (7½) percent of the contribution in-lieu-of fee or one thousand dollars ($1,000.00) whichever is less and (b) seven and one-half (7½) percent of the remaining net park cost not satisfied by the contribution in-lieu-of-fee. The administrative fee, A&E, design and inspection charges must be paid prior to the time of the building permit issuance.

    (c)

    Credit for Local Park Improvements.

    (1)

    A credit for past local park improvements may be given. Where park improvements were voluntarily constructed within a local park, a credit may be given for up to one hundred (100) percent of the park improvement fee in accordance with the provisions of this section.

    (2)

    A credit for future local park improvements may be given. Where the feepayer agrees to supply, build or install park and recreation improvements within a local park site pursuant to Section 33H-7(c), a credit may be given in the amount of such facilities agreed to be provided, up to one hundred (100) percent of the park improvement fee. Credits for improvements shall be created when the construction of the park improvement are completed and accepted by the Department for maintenance.

    (3)

    Credits for the local park improvement fee shall not exceed those improvement costs shown in Table 2 herein.

    (4)

    Where a feepayer seeks to apply a fee credit against payment of the park impact fee, the administrative fee portion of the impact fee shall be the sum of: (a) seven and one-half (7½) percent of the credit or one thousand dollars ($1,000.00) whichever is less and (b) seven and one-half (7½) percent of the remaining net park cost not satisfied by the contribution. The administrative fee must be paid prior to the time of the building permit issuance.

    (5)

    Previously approved credits for local park improvements which are: (1) unused and (2) based on a prior park cost which has been subsequently adjusted, shall be entitled to an adjustment equal to the percentage increase or decrease of the net improvement cost in the park impact fee formula. Any such adjustment shall only be utilized to offset park impact fees and shall not be refundable.

    (6)

    Credits shall not be given for the administrative fee portion of the impact fee which remains the responsibility of the feepayer and must be paid prior to the time the building permit is issued.

(Ord. No. 90-59, § 2, 6-19-90; Ord. No. 92-83, §§ 1, 2, 7-21-92; Ord. No. 94-184, § 1, 9-22-94)