A.    Where a developer improves those regional streets identified in Section 3.46.080 of this chapter beyond the requirements established in Section 3.46.60B, the developer shall receive a credit against the regional transportation mitigation fee. To receive a credit, the developer shall obtain in advance, an agreement with NCTC pursuant to NCTC’ s rules and regulations. That credit shall be an amount equal to the actual engineering and construction costs incurred at the time of the development, to the extent that NCTC has included those costs in its estimated cost of constructing the regional system.

    B.    The fees required by this chapter shall be in addition to any fees, conditions, or exactions for on-site and off-site improvements imposed upon projects pursuant to state and local laws, ordinances, or administrative policies which may authorize the imposition of conditions, fees, or exactions on development. Developers shall not be entitled to any credits for such fees, conditions, or exactions.

    C.    If a developer constructs, or is required by the county or city to construct, any portion of the regional network as identified in Section 3.46.080 of this chapter in excess of that required to meet standard street requirements as provided by local ordinances, municipal codes, and the city’ s general plan, the developer shall be entitled to a credit for the cost of such excess construction. All such construction on the regional network must have the approval of NCTC as to plans and detailed cost estimates.

    D.    Should the credit exceed the developer’ s total fee, the difference may be credited against any of the developer’ s future development within five years which would be subject to the fee. The credit may not be refunded in cash. (Ord. 591 (part), 2001)