§ 56-147. Developer contribution credits.

(a)

Subject to the terms and conditions of this section, a credit shall be granted against an impact fee imposed by this article for the donation of land or equipment, or the construction of capital facilities required pursuant to a development permit or made voluntarily in connection with capital facilities impact construction. Such donations or construction shall be subject to the approval and acceptance of the county manager. No credit shall be given for the donation of land or construction unless such property is conveyed, in fee simple to the county without remuneration.

(b)

Prior to issuance of a building permit, the applicant shall submit a proposed plan for donations or contributions to the capital facilities to the county manager. The proposed plan shall include:

(1)

A designation of the capital facilities impact construction for which the plan is being submitted;

(2)

A legal description of any land proposed to be donated and a written appraisal prepared in conformity with subsection (e) of this section;

(3)

A list of the contemplated capital facilities improvements, apparatus or equipment sought to be donated and an estimate of the proposed construction costs certified by a professional architect or engineer; and

(4)

A proposed time schedule for completion of the proposed plan.

(c)

The county manager shall approve or deny the proposed plan in accordance with subsection (d) of this section and, if approved, establish the amount of credit in accordance with subsection (e) of this section. The county manager shall issue a decision within 60 days after the filing of the proposed plan.

(d)

In reviewing the proposed plan, the county manager shall determine:

(1)

If such proposed plan is in conformity with contemplated improvements and additions to the capital facilities;

(2)

If the proposed donation of land and construction by the applicant is consistent with the public interest; and

(3)

If the proposed time schedule is consistent with the capital improvement program for the capital facilities.

(e)

The amount of developer contribution credit shall be determined as follows:

(1)

The value of donated land shall be based upon a written appraisal of fair market value as determined by an M.A.I. appraiser who was selected and paid for by the applicant, and who used generally accepted appraisal techniques. If the appraisal does not conform to the requirements of this article and any applicable administrative regulations, the appraisal shall be corrected and resubmitted. In the event the county manager accepts the methodology of the appraisal but disagrees with the appraised value, he may engage another M.A.I. appraiser at the county's expense and the value shall be an amount equal to the average of the two appraisals. If either party does not accept the average of the two appraisals, a third appraisal shall be obtained, with the cost of said third appraisal being shared equally by the county and the owner or applicant. The third appraiser shall be selected by the first two appraisers and the third appraisal shall be binding on the parties.

(2)

The actual cost of construction to the capital facilities shall be based upon cost estimates certified by a professional architect or engineer. However, in no event shall any credit be granted in excess of the estimated construction costs approved by the board unless the construction project is competitively bid, in which case, the credit shall be limited to the actual cost or 120 percent of the bid amounts, whichever is less; and

(3)

The land donations and construction contributions shall only provide improvements or additions to the capital facilities which are required to accommodate growth.

(f)

If a proposed plan is approved for credit by the county manager, the applicant or owner and the board shall enter into a credit agreement which shall provide for the parties obligations and responsibilities, including, but not limited to:

(1)

The timing of actions to be taken by the applicant and the obligations and responsibilities of the applicant, including, but not limited to, the construction standards and requirements to be complied with;

(2)

The obligations and responsibilities of the board including, but not limited to, inspection of the project; and

(3)

The amount of the credit as determined in accordance with subsection (e) of this section.

(g)

A credit for the donation of land or a credit for the construction of an improvement or addition to the capital facilities shall be granted at such time as the credit agreement is approved and executed by both the board and the applicant or owner; provided, however, that in the event the applicant or owner fails to convey the property which is the subject of the donation to the county or such property is not ultimately accepted by the county in accordance with the terms of the credit agreement, then the credit for donation shall be revoked and all impact fees shall immediately become due and payable. The administration of said contribution credits shall be the responsibility of the county manager.

(h)

Any applicant or owner who submits a proposed plan pursuant to this section and desires the immediate issuance of a building permit prior to approval of the proposed plan shall pay the impact fees prior to the issuance of the building permit. Any difference between the amount paid and the amount due, should the county manager approve and accept the proposed plan, shall be refunded to the applicant or owner.

(Ord. No. 2007-40, § 8.07, 10-18-2007)