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3.26.050 <br />subsection A of this Section, shall be <br />reduced by the amount of any credits <br />authorized by Section 3.26.070 of this <br />Chapter. <br />E. The amount of the fee shall be re- <br />viewed at least every four (4) yeazs. (Ord. <br />1765 § 2, 1998) <br />3.26.060 Payment Of Fee: <br />A. The full amount of the fee shall be <br />paid at the time of issuance of the build- <br />ing permit. For those instances where a <br />developer receives an entitlement for <br />development, but is not required to seek a <br />building permit from the City, the traffic <br />development fee shall be payable within <br />thirty (30) days of final action on the <br />development entitlement. <br />B. If the developer has appealed the <br />determination of the fee, and such appeal <br />is pending at the time he or she applies <br />for a building permit, the developer must <br />pay the traffic development fee to receive <br />a building permit, but may do so under <br />protest. If the developer's appeal is suc- <br />cessful, and the fee is subsequently re- <br />duced, the developer shall be refunded the <br />difference within thirty (30) days. <br />C. The City shall not accept prepay- <br />ments of the traffic development fee, <br />unless prepayment is authorized in a <br />development or other agreement. (Ord. <br />1765 § 2, 1998) <br />3.26.070 Credits: <br />When a developer constructs a traffic <br />improvement not otherwise required by <br />Titles 18, 19, and 20 of this Code, the <br />developer's traffic development fee shall <br />be reduced as provided in this Section. <br />A. Eligibility: <br />1. To be eligible for credit, each of the <br />following must be satisfied: <br />a. The construction for which credit is <br />given must be a traffic improvement <br />which would otherwise be constructed by <br />the City using traffic development fee <br />funds. <br />b. The traffic improvement must appeaz <br />on the City Council approved list of <br />traffic development fee improvements, as <br />said list may be amended from time to <br />time. <br />c. The land on which the work is done <br />must be owned by the City, or offered for <br />dedication to the City through a recorded <br />document. <br />d. The developer shall have improve- <br />ment plans for the work approved by the <br />City and shall have provided the required <br />security before beginning construction. <br />e. The developer and the City must <br />enter into a written subdivision or other <br />agreement. <br />2. The agreement shall include the <br />amount of the credit which will be given <br />(or for unusual projects, the exact method <br />of calculating the credit), when the credit <br />will be given, and to which lots it will <br />apply. <br />B. Calculation Of Credit: <br />1. General: <br />a. The Director of Public Works, or his <br />or her designee, ("Director of Public <br />Works") shall calculate the amount of <br />credit to be given based upon the ap- <br />proved improvement plans and using cost <br />estimates (which aze based on recent City <br />project bids for similar work). The cost of <br />right of way to be purchased shall be <br />75 (Pleasanton 5-99) <br />