§ 24-66. Fire rescue developer contribution credits.

(a)

In order to provide lands to meet the need for growth-related capital facilities created by capital facilities impact construction or to provide necessary capital equipment, a developer of capital facilities impact construction may dedicate suitable land, capital equipment or facilities to the county in lieu of paying the fire rescue impact fee imposed herein, as agreed to by the county.

(b)

Any land, capital equipment or facilities dedicated to the county in lieu of paying the fire rescue impact fees imposed herein must be acceptable to the county in terms of suitable size, dimension, soil type, topography, dimensions, location, accessibility and general character, type and specifications.

(c)

Subject to the terms and conditions of this section, credit shall be granted against the fire rescue impact fees imposed herein for the donation of land, capital equipment or facilities that is required pursuant to a development order or permit or made voluntarily in connection with capital facilities impact construction. Such donations, equipment or facilities shall be subject to the approval and acceptance of the impact fee coordinator. No credit shall be given for the donation of land, capital equipment or construction of capital facilities unless such property is conveyed in fee simple to the county without consideration.

(d)

Prior to issuance of a building permit, the applicant shall submit a proposed plan for donations or contributions to the impact fee coordinator. 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 (g) of this section;

(3)

A list of the contemplated contributions to the county and an estimate of the proposed construction costs certified by a professional architect or engineer or an estimate of the proposed value of a proposed donation of capital equipment; and

(4)

A proposed time schedule for completion of the proposed plan.

(e)

Upon receipt of the proposed plan, the impact fee coordinator shall schedule a hearing before the board 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.

(f)

At this hearing, the board shall determine:

(1)

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

(2)

If the proposed donation of land, capital equipment, or capital facilities 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.

(g)

The amount of developer contribution credit shall be determined as follows:

(1)

The value of conveyed land shall be based upon a written appraisal of fair market value in the land's unimproved state 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 section 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 value of the construction of capital facilities or the value of donated capital equipment shall be based upon the actual cost of construction or acquisition of said capital facilities 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 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 county 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, capital facilities construction and capital equipment contributions shall only provide improvements or additions required to accommodate growth.

(h)

The decision of the Board 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.

(i)

If a proposed plan is approved for credit by the board, the applicant or owner and the county shall enter into a credit agreement which shall provide for the timing of the action to be taken by the applicant and the obligations and responsibilities of the applicant, 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 (7) of this section.

(j)

A credit for the donation of land shall be granted at such time as the property which is the subject of the donation has been conveyed in fee simple to and accepted by the county. A credit for the construction or acquisition of a capital facility or donation of capital equipment shall be granted at such time as the construction is completed, approved and accepted by the county or the time the capital equipment is approved and accepted by the county. The administration of said contribution credits shall be the responsibility of the impact fee coordinator.

(k)

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 fire rescue impact fee as provided herein. 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.

(l)

Credits provided pursuant to this section 24-66 shall not be transferable from one capital facilities impact construction to another.

(Ord. No. 2017-96, § 8, 12-11-17)