(1) If a developer chooses to mitigate the development’s impact by constructing offsite road improvements to remedy the arterial unit in arrears or inadequate road condition, the developer must investigate the impact, identify improvements, and offer a construction plan to the director for construction of the offsite improvements. Construction of improvements shall be in accordance with the EDDS and the procedures of Title 13 SCC.

(2) In cases where two or more developers have agreed to fully fund a certain improvement, the developers must supply the department of public works with a written agreement, binding on each development as a condition of approval. The agreement shall address the proportionate share of the cost that each developer will bear and the timing of construction of the improvements.

(3) Any developer who volunteers to construct offsite improvements which are part of the cost basis of any impact fee imposed pursuant to this chapter will have the value of those improvements, as determined in the cost basis contained in the transportation needs report, credited against the impact fee. If the value of the offsite improvement is greater than the amount of the impact fee imposed, the developer may apply for a latecomer’s agreement under the provisions of chapter 13.95 SCC or propose the establishment of a road improvement district (RID) under the provisions of chapter 13.140 SCC.

(4) Any developer who volunteers to construct offsite improvements which are not part of the cost basis of any impact fee imposed pursuant to this chapter may apply for a latecomer’s agreement under the provisions of chapter 13.95 SCC or propose establishment of a road improvement district (RID) under the provisions of chapter 13.140 SCC.

(5) Any developer who chooses to mitigate a development’s impact by constructing offsite improvements may propose to the director of public works that a joint public/private partnership be established to jointly fund and/or construct the proposed improvements. The director of public works will determine whether or not such a partnership is to be established.

(6) Construction of capacity improvements under this section must be complete or under contract prior to the issuance of any building permits and must be complete prior to approval for occupancy or final inspection; PROVIDED, That where no building permit will be associated with a conditional or administrative conditional use permit, then construction of improvements is required as a precondition to approval. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).