§ 9.75-76. Credits; restrictions.

(a)

Except as provided in subsection (b) below, no credit shall be given for construction, contribution, or dedication of any system improvement or funds for system improvements made before the effective date of this chapter.

(b)

If the value of any construction, dedication of land, or contribution of money made by a developer (or his or her predecessor in title or interest) prior to the effective date of this chapter for system improvements that are included for impact fee funding in the capital improvements element of the comprehensive land use plan, is greater than the impact fee that would otherwise have been paid for the project, then the developer shall be entitled to a credit for such excess construction, dedication, or funding. Notwithstanding anything to the contrary in this chapter, any credit due under this section shall not constitute a liability of Cartersville, and shall accrue to the developer to the extent of impact fees assessed for new development for the same category of system improvements within the same service area.

(c)

In no event shall credit be given for project improvements, or for system improvements not included for impact fee funding in the capital improvements element of the comprehensive plan.

(Ord. No. 71-06, § 8.01, 10-19-06)