(a) Any claim for credit must be made no later than 14 calendar days after the submission of an application for a building permit or an application for a permit for a change in use. The failure to timely file such a claim shall constitute a final bar to later request any such credit.

(b) Requests for a credit shall be made in writing and on the applicable City form, if provided.

(c) Each request for a credit or credits shall include, at a minimum, a legal description of the dedicated land and/or a detailed description of the improvements or construction provided, and a legal description or other adequate description of the development to which the credit will be applied.

(a) If appropriate, the Director may select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine the value of the dedicated land, improvements, or construction provided by the developer for the City.

(b) The developer shall pay for the cost of an appraisal conducted by the Department pursuant to this subsection, including time for review by City staff. An estimate of the appraisal and review costs will be prepared by the Department, and the fee payer shall pay the estimated costs prior to commencement of the appraisal and review. If the final cost of the appraisal and review is in excess of the initial estimate and payment, any difference will be due prior to the issuance of a letter or certificate from the Director. If the final cost of the appraisal and review is less than the initial estimate and payment, the Department shall give a refund for the difference.

(a) The appraiser (or review engineer) used by the fee payer must be qualified, licensed, and shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser’s certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised.

(b) Appraisals and/or engineering valuations submitted by the fee payer shall be subject to review by the Director and, at the Director’s discretion, an independent review appraiser/engineer selected by the Director. The fee payer shall pay for the actual costs for the appraisal/valuation and the independent review pursuant to subsection (3)(b) of this section.

(a) Included within the capital facilities plan or would serve the goals and objectives of the capital facilities plan; and

(b) Are at suitable sites and constructed at acceptable quality as determined by the Director; and

(c) Serve to offset impacts of the fee payer’s development activity; and

(d) Are for one or more of the projects listed as the basis for calculating the respective impact fee.

(e) Any impact fee credits pursuant to this section shall be deducted from the calculated impact fee and a new impact fee shall be assessed for the development. If an impact fee is owed by the applicant, the outstanding fee shall be distributed evenly per building permit, unless otherwise determined by the city.

(f) No credit shall be given for project improvements required of the development by City code and/or SEPA; only dedications in excess of those required by law are eligible for credit.

(a) Nothing herein shall be interpreted to limit the discretion of the Director to decline to accept any proposed dedication.

(b) In no event shall the credit exceed the amount of the impact fees due. If the total value of any credit for such dedication, improvement, or construction costs exceeds the amount of the applicable impact fee assessment, the fee payer will not be entitled to reimbursement of the difference.

(c) If credit is awarded, the Director shall provide the fee payer with a letter setting forth the dollar amount of any credit, the reason for the credit, the legal description of the real property dedicated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The fee payer must sign and date a duplicate copy of such letter indicating his/her agreement to the terms of the letter and return such signed document to the Director before the Department will apply the impact fee credit. The failure of the fee payer to sign, date, and return such document within 60 calendar days of the Director’s issuance of the letter shall nullify the credit.

(d) If credit is denied, the Director shall provide the fee payer with a letter setting forth the reasons for denial.