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1. The following may be exempted from payment of the impact fee:

a. Alterations or expansion of an existing building where no additional residential units or equivalent residential units are created and where the use is not changed.

b. The construction of accessory buildings or structures where no additional residential units or equivalent residential units are created and where the use is not changed.

c. The replacement of a destroyed or partially destroyed building or structure with a new structure of the same size and use.

d. The installation of a replacement mobile home on a lot or other such site when an impact fee for such mobile home site has previously been paid pursuant to this ordinance or where a mobile home legally existed on such site on or prior to the effective date of this ordinance.

e. The construction of building by a government agency or other development activities with a broad public purpose as determined by the Mayor. In the event that an exemption is granted, the City Council shall establish the source of funding to pay for the impact of the development activity.

Any claim of exemption must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

2. Credits.

a. Public capital improvements may be offered by the fee payer as total or partial payment of the required impact fee. The offer must specifically request or provide for an impact fee credit. If the Mayor accepts such an offer, whether the acceptance is before or after the effective date of this ordinance, the credit shall be determined and provided in the following manner:

i. Credit for the dedication of land shall be valued at 100 percent of the most recent assessed value by the Salt Lake County Property Appraiser; by such other appropriate method as the City Council may have accepted prior to the effective date of this ordinance for particular public improvements; or by fair market value established by private appraisers acceptable to the City. Credit for the dedication of park land shall be provided when the property has been conveyed to at no charge to, and accepted by, the City in a manner satisfactory to the City Council.

ii. Applicants for credit for construction of public improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the Mayor. The Mayor shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the Mayor determines that such estimates submitted by the applicant are either unreliable or inaccurate. The Mayor 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 of 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 his agreement to the terms of the letter or certificate and return such signed document to the Mayor before credit will be given. The failure of the applicant to sign, date and return such document within sixty (60) days shall nullify the credit.

iii. Except as provided in subparagraph (iv) below, credit against impact fees otherwise due will not be provided until:

1. the construction is completed and accepted by the City;

2. a suitable maintenance and warranty bond is received and approved by the Mayor of Lindon City, when applicable.

iv. Credit may be provided before completion of specified public improvements if adequate assurances are given by the applicant that the standards set out in subparagraph (iii) above will be met and if the fee payer posts security as provided below for the costs of such construction. Security in the form of a cash escrow agreement shall be posted with and approved by the Mayor of Lindon City at one hundred and twenty-five percent (125%) of the amount determined by the City engineer. Twenty-five percent (25%) of the cash escrow account shall remain for two years after completion of the project, as a guarantee of the work, pursuant to Lindon City's Cash Bond Escrow Agreement. If the public improvement construction project will not be constructed within one (1) year of the acceptance of the offer by the Mayor, the amount of the security shall be increased by ten percent (10%) compounded for each year of the life of the security. The security shall be reviewed and approved by the Mayor prior to acceptance of the security by the City Council. If the public improvement construction project is not to be completed within five (5) years of the date of the fee payer's offer, the City Council must approve the public improvement project and its scheduled completion date prior to the acceptance of the offer by the Mayor.

b. Any claim for credit must be made no later than the time of application for a land use permit, building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

c. Credits shall not be transferable from one project or development to another without the approval of the City Council and may only be transferred to a development within a different impact fee district upon a finding by the City Council that the dedication for which the credit was given benefits such different impact fee district.

d. Determinations made by the Mayor pursuant to this paragraph may be appealed to the City Council by filing a written appeal with the Mayor within ten (10) days of the Mayor's determination. (Ord. 97-11, adopted, 2000)