§ 56-243. Developer contribution credits.

(a)

Subject to the terms and conditions of this section herein, a credit shall be granted against the educational system impact fee imposed by section 56-221 herein for the donation of a parcel of land reasonably useful to the school board, or for the construction of an improvement or addition to the educational system that is required pursuant to a development permit or made voluntarily in connection with residential construction. Such donations or constructions shall be subject to the approval and acceptance of the county manager after consultation with the superintendent. No credit shall be given for the donation of land or construction unless such property is conveyed, in fee simple to the school board without consideration, restrictions or reverter.

(b)

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

(1)

A designation of the residential 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 contributions to the educational system 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)

Within ten days after receipt of a complete proposed plan, the county manager shall forward the proposed plan to the superintendent for review and recommendation. The superintendent shall provide a recommendation to the county manager within 30 days of receipt. After reviewing the superintendent's recommendation, 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 in consultation with the superintendent:

(1)

If such proposed plan is in conformity with contemplated improvements and additions to the educational system;

(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 educational system.

(e)

The amount of the educational system impact fee credit granted under subsection (a) for any donation of land and construction provided in a plan approved under subsection (c) 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 and the superintendent accept the methodology of the appraisal but disagree with the appraised value, another M.A.I. appraiser may be engaged at the school board'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 school board 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 educational 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 educational facilities which are required to accommodate growth.

(4)

The following legislative findings are made and determined in support of the adoption of the school site valuation standard for the determination of the fair market value of a donated school site for the purpose of an educational system impact fee credit calculation:

a.

The requirement of the donation of a school site as a condition of approval of a development phase is intended to provide adequate land for educational facilities needed by the contemplated residential construction approved and such exaction bears a rational nexus to such need.

b.

The requirement for the dedication of a school site as a condition of development approval is a reasonable requirement permitting the landowner to engage in the business of subdividing land.

c.

The imposition of an educational system impact fee countywide is a rational regulation of growth to ensure that the educational facilities needed by growth are provided on a timely basis to accommodate new residential construction.

d.

Determination of the amount of an educational system impact fee credit for a donated school site that was required as a condition of development approval by an appraisal methodology based on the fair market value of the donated site if developed and used not as a school site but in a manner consistent with other parcels as approved within the development ignores the regulatory consequence that the development was permitted only if such donation was made. As a consequence, such donated land would never receive the enhanced value resulting from the development approval precisely because its use was limited to a school site. Such appraisal methodology also undermines the regulation of growth by diminishing the fair share contribution of residentially developed parcels within the development to fund the capital improvements needed to accommodate growth under the methodology used to develop the impact fee study.

e.

Under the methodology used to develop the impact fee study, granting educational system impact fee credit for the value of donated land for a school site within a development in excess of the land portion of the educational system impact fee amount diminishes the fair share contribution needed from residential units within a development to fund the capital improvements needed to accommodate growth caused by the development when compared to other residential units.

(f)

If a proposed plan is approved for credit by the county manager after consultation with the superintendent, the applicant or owner, the board, and the school 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 and school 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 for the construction of an improvement or addition to the educational system shall be granted at such time as the credit agreement is approved and executed by all parties. The administration of said contribution credits shall be the responsibility of the superintendent after said credits have been approved by 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 applicable educational system impact fee pursuant to section 56-221 herein. 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. The administration of such refunds shall be the responsibility of the superintendent.

(Ord. No. 2007-41, § 3.03, 10-18-2007)