§ 23-770. Developer contribution credit.

a. The city may grant a credit against the impact fees imposed herein for the donation of land or equipment, or the construction of public facilities made pursuant to a development agreement approved in accordance with division 2 of this article. Such donation or construction shall not be site-related improvements and shall be subject to the approval of the city commission.

b. Prior to the issuance of a building permit the applicant shall submit to the administrative official a proposed plan and estimates of costs for contributions to the public facilities. The proposed plan and estimates shall include:

1. A legal description of any land proposed to be donated and a written appraisal prepared in conformity with paragraph c.4.A. below;

2. A list of the contemplated public facilities improvements, apparatus or equipment sought to be donated;

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

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

5. A proposed time schedule for completion of the proposed plan.

c. The administrative official shall review the proposed plan and determine:

1. If such proposed plan is in conformity with contemplated improvements and additions to the public 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 city's capital improvement program for the public facilities.

4. The amount of developer contribution credit based upon the following standards of valuation:

A. The value of donated land shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales of similar property between related parties in the bargaining transaction;

B. The cost of construction of public facilities shall be based upon the lowest of three (3) bids to perform construction in conformity with all construction standards of the city; and

C. The value of apparatus and equipment shall be based on the actual cost.

d. Upon presentation of the plan to the city commission and approval of a development agreement pursuant to division 2 of this article, a revised impact fee statement shall be issued to the applicant reflecting the amount of impact fees due following the granting of the credit.

e. Any applicant shall have a right of review pursuant to section 23-772 of the valuation by the administrative official of the developer contribution credit. However, there shall be no right of review as to the determination of the city commission to accept or reject the proposed plan of donation or construction.

f. No credit shall be granted for the donation of land or equipment or for the construction of public facilities unless such donation or construction would be an authorized expenditure for the particular impact fee.

g. The credit granted for the donation of land or equipment for the construction of public facilities by an applicant shall only be applied as a credit against the impact fee which provides the funds for the specific capital facility.

(Ord. No. 2006-04, § 1, 2-21-06; Ord. No. 2012-03, § 3, 2-7-12)