Resolution No. 4740 - Laserfiche WebLink

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set by the City Engineer pursuant to Eugene Code, 1971 section 2.020. The applicant shall have the burden of demonstrating the eligibility for a credit. No credit or impact reduction shall be granted for an SDC that has already been imposed, collected or agreed to be paid in installments unless resulting from cancellation of an active permit, expiration of a permit without being used, or an approved change of design of an active permit. 7.4.1 Application for Impact Reduction Applicants must submit their request for an impact reduction in writing, accompanied by documentation that supports the basic function and design criteria for estimated impact reduction such as calculations as outlined in Appendix F. For commercial development, impact reduction will be applied uniformly for all lots or building sites in the development phase approved: Impact reductions granted under this methodology document may be used in subsequent phases of a development when the applicant demonstrates to the satisfaction of the City Engineer that the program or improvements continue to provide the anticipated reduction in demand, and the City has received assurances or agreements from the developer, owner, and owners successors, as approved by the City Engineer as is necessary to ensure that the program or facility will continue to function as planned for the agreed upon time period. Changes to the mitigated program or facility attributable to the connection of an additional phase which results in any deviation from the previously determined impact reduction will be adjusted proportionately. 7.4.2 Application for Credit Based on Construction of Public Improvements For credits derived from the construction of public improvements, the property owner(s) will be notified in writing about potential credit availability, subsequent to the approval and bonding of the construction plans. The property owner(s) will have 60 days from the date of written notification to submit the SDC Credit Application and complete the approval process. Applications that include disbursement instructions for ineligible lots or which contain requests in conflict with City code, state law, or current City policies/practices will be considered incomplete applications. 7.4.3 Credit Distribution in the Absence of Directions from an Approved SDC Credit Application With the exception of cases where the recovery of credit through an equivalent assessment is uncertain, if the owner does not comply with the requirements of section 7.4.2, the credit will be distributed by the "equal lot" method. All eligible lots or building sites will be identified, and the credit will be distributed in an equal amount to each of these eligible lots or building sites. Credit applied under this policy will not be eligible to be appealed. Development for which a building permit is issued prior to administration of credit disbursal or approval by City staff will not be considered eligible for credit d istri bution. 7.4.4 Changes to An Approved Credit Application Whether established by the City using the "equal lot" method or by the property owner(s)/applicant(s), any modifications to the distribution of credits will. require a new completed application, must be approved by the City Engineer, and will be effective only upon approval by the City Engineer of the revised credit application. The revised City of Eugene sDC Methodology Page 15