§ 17-45. Mobility fee credit.

(a)

Mobility fee credit will be issued to property on which development occurs when a person constructs, conveys right-of-way for, or pays cash for transportation facilities to mitigate the impact from the development. To be entitled to mobility fee credit, the transportation facilities must be included in the transportation map series in the transportation element of the county's 2025 comprehensive plan, or future update thereof. Credit shall be provided on a dollar-for-dollar basis against the mobility fee, but not against the administration fee.

(1)

Mobility fee credit will be issued at the time of right-of-way conveyance or payment of cash for transportation facilities. The amount of mobility fee credit for right-of-way conveyances shall be one hundred fifteen (115) percent of the assessed value of the conveyed right-of-way as determined by the county property appraiser, unless a different mobility fee credit amount is otherwise approved by the board. The date of valuation shall be the date of right-of-way conveyance, unless otherwise approved by the board.

(2)

For construction of transportation facilities, application for mobility fee credit must be made no later than ninety (90) days from the date the board initially accepts the construction of the transportation facilities. If a person constructs transportation facilities, the person shall submit evidence of payment for the construction to the county manager, who shall determine (a) if the construction is an appropriate substitute for the mobility fee, based on the provisions of this division, and (b) the amount of mobility fee credit to be given.

(3)

Construction, right-of-way conveyances and cash payments for improvements necessary for the development's external trips to access the county transportation network are not eligible for mobility fee credit against the mobility fee, unless otherwise approved by the board.

(4)

A person may seek approval for mobility fee credit in advance of constructing, conveying right-of-way for, or paying cash for transportation facilities.

(5)

Mobility fee credit shall run with the property located in the development for which the transportation facilities were constructed, right-of-way conveyed or cash payment made. Mobility fee credit may not be transferred to property outside the mobility fee district and may not be transferred to other property within the mobility fee district unless (a) excess mobility fee credit is projected to be available after the development is fully built-out, (b) such transfer is approved by the board, and (c) the transfer is registered with the county in accordance with the administrative procedures approved by the board, including payment of the applicable registration fee.

(b)

This division shall not be interpreted in a manner affecting the rights of parties to agreements entered into in connection with the payment of transportation impact fees pursuant to ordinance No. 2003-24, as amended by ordinance No. 2006-38, including, but not limited to, development agreements and consent agreements. All such agreements shall remain in full force and effect. Development on property otherwise entitled to a transportation impact fee credit under such an agreement shall be entitled to a mobility fee credit in the amount specified in such agreement if

(1)

The improvement generating the transportation impact fee credit was included in the transportation element of the county's comprehensive plan on the date of the agreement, and

(2)

The parties, successors or assigns to the agreement acknowledge in writing that granting the mobility fee credit satisfies the county's obligation under such agreement on a dollar-for-dollar basis.

(c)

Mobility fee credit will be issued to property upon which a person paid a transportation impact fee pursuant to ordinance No. 2003-24, as amended by ordinance No. 2006-38, in connection with a commercial retail shopping center building permit, foundation permit, or a nonretail multi-use building permit for an unfinished building, i.e., a shell permit. The mobility fee credit shall be applicable to building permits for completion of units within the shell structure following the effective date of this division, computed by dividing the area of the units not completed within such shell structure on the effective date of this division by the total area of such shell structure and multiplying the result by the transportation impact-fee paid in connection with the construction of such shell structure. Mobility fee credit shall run with the property located in the development for which the transportation impact fee was paid and is not transferable to other properties.

(d)

Mobility fee credit will be issued to property on which development occurs when a person made a pre-occurring developer contribution for transportation facilities to mitigate the impact from the development.

(1)

For pre-occurring development, an amount equal to the mobility fee that would have been imposed against such development shall be deducted from the pre-occurring developer contribution amount.

(2)

If the pre-occurring developer contribution is exhausted by the deduction attributable to pre-occurring development, then no mobility fee credit will be available, but there shall be no mobility fee owed for the pre-occurring development.

(3)

If additional mobility fee credit remains from the pre-occurring developer contribution, then the remaining mobility fee credit shall be applied to the development occurring after the effective date of this division on a dollar-for-dollar basis until the remaining mobility fee credit has been exhausted.

Mobility fee credits shall run with the property located in the development for which the pre-occurring developer contribution was made and are not transferable to other properties, unless otherwise approved by the board.

(e)

If property to which mobility fee credit has been issued is annexed into a municipality, the mobility fee credit issued to such property may be applied to reduction of transportation impact fees or mobility fees imposed by such municipality upon execution and delivery of an interlocal agreement between the county and such municipality either (1) requiring application of the mobility fee credit for each development in an amount not less than mobility fee that would have been payable in respect of such development had it been located in the unincorporated area of the county, or (2) at the option of the developer, providing for cancellation of any mobility fee credit remaining upon completion of such development, and (3) providing for timely exchange of information between the county and such municipality enabling the county to maintain an accurate register of the remaining mobility fee credit amount; provided that such interlocal agreement is joined by the owners of all annexed property to which mobility fee credit has been issued, acknowledging and approving the rates at which mobility fee credit will be applied and the methodology for calculating the remaining mobility fee credit amount.

(Ord. No. 2015-22, § 1, 3-16-15; Ord. No. 2016-47, § 3, 6-20-16; Ord. No. 2018-7, § 4, 1-8-18; Ord. No. 2018-26, § 1, 5-7-18)