§ 24-43. Educational system developer contribution credits.

(a)

Subject to the terms and conditions of this section 24-43, the school board shall grant a credit against the educational system impact fee for the donation of land and for the construction of an improvement or addition to the county educational system that is required pursuant to a development order or made voluntarily. Such donations or constructions shall be subject to the approval of the school board.

(b)

Prior to issuance of a building permit, any applicant who desires to receive a credit shall submit a proposal for donations or contributions to the county educational system. The proposal shall include:

(1)

A designation of the residential construction for which the plan is being submitted;

(2)

A legal description of the land to be donated;

(3)

A written appraisal of such land prepared in conformity with all county and legal requirements;

(4)

A list of the contemplated contribution to the county educational system;

(5)

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

(6)

A proposed time schedule for completion of the proposed plan.

(c)

The proposal shall be filed with the superintendent and reviewed by the school board at a regularly scheduled meeting or a special meeting. The applicant or owner shall be provided with written notice of the time and place of the review. Such review shall be held within forty-five (45) days of the date the proposal was submitted.

(d)

At the review, the school board shall determine:

(1)

If such proposal is in conformity with contemplated improvements and additions to the county 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 in consistent with the capital improvement program for the county educational system

(e)

The decision of the school board as to whether to accept the proposal shall be in writing and issued within twenty (20) working days of the review. A copy shall be provided to the applicant by certified mail and to the governmental entity responsible for issuing the building permit. The applicant shall have thirty (30) calendar days from the receipt of written notification of rejection to request a hearing pursuant to section 24-8.

(f)

Upon approval of a proposal, the school board shall determine the amount of the credit based upon the value of the contribution and shall approve a timetable for completion of the plan. After determination by the school board of the amount of credit and the timetable for completion, the applicant shall have the opportunity to withdraw the proposed plan. The amount of developer contribution credit 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 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 Code and any applicable administrative regulations, the appraisal shall be corrected and resubmitted. In the event the superintendent accepts the methodology of the appraisal but disagrees with the appraised value, he may engage another M.A.I. appraiser 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 county educational 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 school 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) percent of the cost estimate whichever is less; and

(3)

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

(g)

All construction cost estimates shall be based upon, and all construction plans and specifications shall be in conformity with the county educational system construction standards. All plans and specifications shall be approved by the school board prior to commencement of construction.

(h)

A credit for the donation of land shall be granted as the property is conveyed to and accepted by the school board. A credit for the construction of an improvement or addition to the county educational system shall be granted at such time as:

(1)

the construction is completed, approved and accepted by the school board; or

(2)

a performance bond or an irrevocable letter of credit is posted with the superintendent, in an amount representing the difference between the educational system impact fee, and the amount of the credit.

(i)

Upon completion of the construction and its approval and acceptance by the school board, any escrow of cash, performance bond or letter of credit held by the superintendent shall be returned to the applicant and deemed discharged, except to the extent necessary to fund the applicable educational system impact fee, with the credit added to such amount retained.

(j)

In the event the amount of the credit exceeds the amount of educational system impact fees due by the applicant, the school board may agree to reimburse the excess credit to the applicant from future educational system impact fee receipts, but only upon petition by the applicant in accordance with the procedures set forth in paragraphs (a) through (e) of this section 24-43.

The administration and tracking of educational facility impact fee credits will be the sole responsibility of the school board. For each property or lot eligible for impact fee Credits, the school board will provide the county or city a copy(s) of the lot-specific impact fee credit letter, identifying the subdivision, the specific lot(s), unit type(s), and total impact fee amount allocated to each lot. If partial credits are issued, the impact fee credit letter shall indicate the balance due for each building permit.

(k)

Any applicant or owner who submits a proposal and desires the immediate issuance of a building permit shall pay the applicable educational system impact. Fee prior to or at the time the proposal is submitted. Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the school board, shall be refunded to the applicant or owner.

(Ord. No. 2010-11, § 2, 8-16-10; Ord. No. 2015-26, § 2, 4-20-15)