§ 8.7-21. Developer contribution credit.

A.

Subject to the terms and conditions of this section, a credit shall be granted against the impact fees imposed by this chapter for the donation of land or equipment or the construction of capital improvements made pursuant to a development order or voluntarily in connection with a capital facilities impact construction. Such donations or construction shall not be site-related improvements, as defined in section 8.7-41 herein, and shall be subject to the approval of the county manager. No credit shall be given for the donation of land or construction of a capital improvement unless such property is conveyed, in fee simple to the county without remuneration. Provided, however, that in the case of any proposed donation of land or construction of improvements or additions to the educational system in connection with the educational system impact fee, such donations or constructions shall be subject to the approval and acceptance of the county manager after consultation with the superintendent of the school board and no credit shall be given for any such donation or construction unless such property is conveyed in fee simple to the school board without consideration.

B.

Prior to the impact fee payment date pursuant to section 8.7-11, the applicant shall submit to the county manager a proposed plan for donations or contributions to the capital facilities. 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 D of this section;

3.

A list of the contemplated capital improvements, apparatus or equipment sought to be donated;

4.

An estimate of proposed construction costs certified by a professional architect or engineer;

5.

A written statement of the actual cost for any equipment or apparatus sought to be donated; and

6.

A proposed time schedule for completion of the proposed plan. In the case of any proposed donation of land or construction of improvements or additions to the educational system, the county manager shall forward the proposed plan to the superintendent for review and recommendation within ten (10) days after receipt. The superintendent shall provide a recommendation to the county manager within thirty (30) days of receipt. After reviewing the superintendent's recommendation, the county manager shall approve or deny the proposed plan in accordance with subsection C of this section.

C.

The county manager shall review the proposed plan and 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 or equipment or proposed construction by the applicant is consistent with the public interest; and

3.

If the proposed time schedule is consistent with the county's capital improvement program for the applicable capital facilities.

Upon approval of a proposed plan, the county manager shall determine the amount of credit based upon the standards of valuation contained in subsection D of this section and shall approve the timetable for completion of the plan. The county manager shall issue a decision within forty-five (45) days after the filing of the proposed plan.

D.

The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation:

1.

The value of donated land shall be based upon a written appraisal of fair market value 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 chapter 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, the county manager may engage another M.A.I. appraiser at the county's expense, or at the expense of the school board in the case of any proposed contribution to the educational system, and the value shall be an amount equal to the average of the two (2) appraisals. If either party does not accept the average of the two (2) appraisals, a third appraisal shall be obtained, with the cost of said third appraisal being shared equally by the county, or the school board in the case of any proposed contribution to the educational system, and the owner or applicant. The third appraiser shall be selected by the first two (2) appraisers and the third appraisal shall be binding on the parties.

2.

The actual cost of construction of a capital improvement or value of donated capital equipment shall be based upon actual costs of construction or acquisition of said capital improvement or capital equipment as certified by a professional architect or engineer or as shown by a manufacturer's or supplier's invoice. However, as to the construction of capital improvements, in no event shall any credit be granted in excess of the estimated construction costs provided by a professional architect or engineer and approved by the board unless the construction project is competitively bid, in which case, the credit shall be limited to the actual cost or one hundred twenty (120) per cent of the bid amounts, whichever is less; and

3.

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

E.

If a proposed plan is approved for credit by the county manager, the applicant or owner and the board, or the school board in the case of any proposed contribution to the educational system, 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, or the school board in the case of any proposed contribution to the educational system, including, but not limited to, inspection of the project; and

3.

The amount of the credit as determined in accordance with subsection D of this section.

F.

A credit for the donation of land or a credit for the construction of a capital improvement shall be granted at such time as the credit agreement is approved and executed by both the board, or the school board, as applicable, 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 the school board, as applicable, or such property is not ultimately accepted by the county or the school board, as applicable, 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.

G.

Any applicant or owner who submits a proposed plan pursuant to this section and desires the immediate issuance of a certificate of occupancy prior to approval of the proposed plan shall pay prior to the issuance of the certificate of occupancy the impact fees imposed 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. In the case of any contribution to the educational system, the administration of such refunds shall be the responsibility of the superintendent.

H.

The developer contribution credit granted shall only be applied as a credit against the particular impact fee which provides the funds for the specific capital facility which is the subject of the donation or construction.

(Ord. No. 18-048, § II(2.11), 7-24-18)