§ 62-615. Impact fee credit for proportionate fair-share mitigation.

(a)

Proportionate fair-share mitigation contributions shall be applied as a credit against transportation impact fees assessed by the county on the project. Credits will be awarded for that portion of the transportation impact fees that would have been used to fund the improvements on which the proportionate fair-share contribution is calculated. The portion of the transportation impact fee used to fund said improvements shall be calculated by the ratio of the total amount of transportation impact fees used to fund the improvements on which the proportionate fair-share contribution is based to the total amount of transportation impact fees used to fund all improvements within the transportation impact fee benefit district in which the project is located that are listed in the adopted schedule of improvements in capital improvements element.

(b)

At the time that the proportionate fair-share contribution is determined, the county will calculate the transportation impact fee obligation for the proposed development and calculate the portion of the transportation impact fee used to fund the improvements on which the proportionate fair-share contribution is based. The transportation impact fee credit shall not exceed 100 percent of the portion of the transportation impact fee obligation that is creditable to the development or 100 percent of the proportionate fair-share contribution, whichever is less.

(c)

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. For that reason, the transportation impact fee credit based upon proportionate fair-share contribution for a proposed development cannot be transferred to any other location or development.

(Ord. No. 06-60, § 1, 11-14-06)