§ 17-186. Developer contribution credits.

(a)

Subject to the terms and conditions of this section 17-184, a credit shall be granted against the park impact fees imposed pursuant to section 17-176 for the donation of land or for the construction of an improvement or addition to the county park 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. 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 certificate of occupancy, the applicant shall submit a proposed plan for donations or contributions to the county park system to the impact fee coordinator. 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 county park 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)

Upon receipt of the proposed plan, the impact fee coordinator shall schedule a hearing before the commission at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant and owner written notice of the time and place of the hearing. Such hearing shall be held within sixty (60) days of the receipt of the proposed plan from the applicant. Such hearing shall be conducted in a manner designed to obtain all information and evidence relevant to the request. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner providing an opportunity to be heard and to present information and evidence.

(d)

At this hearing, the commission shall determine:

(1)

If such proposed plan is in conformity with contemplated improvements and additions to the county park 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 county park system.

(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 division and the applicable administrative regulations, the appraisal shall be corrected and resubmitted. In the event the impact fee coordinator 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 (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 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 to the county park system 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 commission unless the construction project is competitively bid, in which case, the credit shall be limited to the actual cost of construction.

(3)

The land donations and construction contributions shall only provide improvements or additions to the county park system required to accommodate growth.

(f)

The decision of the commission as to whether to accept the proposed plan of conveyance or construction shall be in writing and issued within thirty (30) days of the hearing. A copy shall be provided to the applicant and owner.

(g)

If a proposed plan is approved for credit by the commission, the applicant or owner and the county 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 county 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.

(h)

A credit for the donation of land or a credit for the construction of an improvement or addition to the county park system shall be granted at such time as the credit agreement is approved and executed by both the commission 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 park impact fees shall immediately become due and payable. The administration of said contribution credits shall be the responsibility of the impact fee coordinator.

(i)

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 applicable park impact fees imposed pursuant to section 17-176. Any difference between the amount paid and the amount due, should the impact fee coordinator approve and accept the proposed plan, shall be refunded to the applicant or owner.

(j)

Credits provided pursuant to this section 17-186 shall not be transferable from one (1) park impact construction to another.

(Ord. No. 06-10, § 3.06, 6-26-06)