A. The following shall be exempted from payment of the transportation impact fee if claimed at the time of application for a building permit:
1. Alterations or expansion of an existing building or use of land where no additional living units will be produced over and above those in the existing use of the property, the use is not changed, and where no additional vehicular trips will be produced over and above those produced by the existing use.
2. Construction of accessory buildings or structures which will not produce additional vehicular trips over and above those produced by the principal building or use of the land.
3. The replacement of a lawfully permitted building, mobile home or structure, the building permit for which was issued on or before the effective date of the ordinance codified in this chapter or the replacement of a building, mobile home, or structure that was constructed subsequent thereto and for which the correct transportation impact fee, which was owed at the time the building permit was issued, was paid or otherwise provided for, with a new building, mobile home, or structure of the same use and at the same location, provided that no additional vehicular trips will be produced over and above those produced by the original use of the land.
4. A building permit for which the transportation impact fee thereof has been or will be paid or otherwise provided for pursuant to a written agreement, zoning approval or development agreement which, by the written terms thereof, clearly and unequivocally was intended to provide for the full mitigation of such impact by enforcement of the agreement, zoning approval or development order, and not by the application of this chapter.
5. A building permit which does not result in any additional generation or attraction of traffic as determined by the administrator.
B. Transportation fee credits may be granted under the following procedures and when proper claims are made at the time of application for a building permit.
1. Credit requests for construction of any facility included in the Regional Transportation Facilities List require:
a. A project description in sufficient detail; and
b. A complete cost estimate consistent with the unit costs established by the Regional Transportation Facilities List; and
c. Any additional support data required to permit the administrator to evaluate the request.
2. Credit requests for land dedication included in the Regional Transportation Facilities List require:
a. A deed to convey title to the appropriate governmental body; and
b. A title report prepared within sixty days of submission thereof; and
c. A complete cost estimate consistent with the unit costs for rights-of-way established by the Regional Transportation Facilities List.
3. Notwithstanding the above, no credit for rights-of-way shall be granted unless said rights-of-way are specifically included in the Regional Transportation Impact Facility List or, when a part of a city capital project (i.e., eminent domain or rights-of-way negotiation).
4. Notwithstanding the above, no credit shall be given for local roads or payments to special assessment or taxing districts.
5. Determination of whether a capital improvement will be approved for credit purposes lies exclusively with the administrator, unless the improvement is required under state or city development approval, in which case credits shall be given to the extent required by law.
C. Credits granted under this section shall not exceed the actual documented costs, or, the facility’s Regional Transportation Facilities List total cost, whichever is less.
D. Unless provided for pursuant to a city approved transportation impact fee credit agreement, credits for construction shall be created when the construction is completed and accepted by the appropriate governmental body for maintenance, credits for land dedication shall be created when title to said land has been accepted by the city, and the total credit granted for any one development shall not exceed the total transportation impact fees attributable to that same development.