A. The City may elect, by written agreement, to allow an offset for all or a portion the impact fees payable with respect to a particular development to the extent expressly provided under this section. An offset may be permitted where, as a condition for development approval, a person is required to install or construct qualifying improvements in lieu of, or in conjunction with, project improvements necessitated by the development.

B. Offsets shall be limited to the increment of reasonable excess costs for labor, equipment, materials, design or technical services, land, and access incurred by a person in constructing qualifying improvements over and above necessary project improvements.

C. An offset for qualifying improvements shall only be allowed against impact fees otherwise due for the same category and type of improvement.

D. An offset granted by agreement with the City shall attach to and run with the lands included within the development application and subject to impact fees. Offsets shall be valid for a period not to exceed ten years from the date of approval or until the last date of construction within the project, whichever occurs first.

E. A person shall not be entitled to a refund of any offset value where qualifying improvements are constructed, in whole or in part, but connection or service by city water or sewer systems is not accomplished due to the abandonment or lapse of the development.

F. Claims, for offsets shall be made in writing within thirty days of development plan approval. Any request for offsets not made within that thirty-day period shall be denied.

G. All qualifying improvements shall be subject to inspection by the City public works director and shall be constructed in accordance with all applicable city design and construction specifications. No credit for an offset shall be given until such time as the qualifying improvements are accepted by the public works director. (Ord. 98-13 (part), 1998)