A.    A building permit applicant who has been required by the approval authority to improve existing public roadways as a condition of approval of a new development may be eligible for a credit against the CTIM fee, if the proposed improvements are designed to accommodate cumulative (in-lieu) traffic impacts as well as project-specific improvements.

    B.    The in-lieu portion of an improvement may consist of changes intended to mitigate the overall cumulative traffic load as well as changes intended to mitigate the direct cumulative impact of the new development. Only the value of this in-lieu portion shall be considered in the determination of the fee credit.

    C.    The applicant shall be responsible for requesting the in-lieu fee credit at the time of the submittal of his permit application. The director shall have the authority to require that the applicant submit a traffic study and/or a cost estimate in support of the credit request.

    D.    The final determination of the amount of an in-lieu fee credit shall be made by the approval authority, based on a recommendation from the director. The maximum credit amount shall not exceed the estimated value of the associated in-lieu improvements, nor, except as indicated in F. below, shall it exceed the unadjusted CTIM fee.

    E.    In the event that the actual cost of construction of the in-lieu improvements is less that the estimated cost, the director shall have the authority to reduce the final fee credits accordingly. In the event that the actual cost of the in-lieu improvements is more than the estimate, any request to increase the final credit must be approved by the board of supervisors.

    F.    In the event that the calculated amount of the in-lieu credit exceeds the unadjusted CTIM fee, the applicant may request, of the approval authority, that the excess be credited toward the CTIM fee for any subsequent phases of the same development. However, if such a request is granted, the approval authority shall have the authority to limit the time period during which the reserved credit may be applied. Retained credits shall not accrue interest. (Ord. 2002-59 § 1 (part))