§ 10-443. Developer contribution credits.

(a)

Subject to the terms and conditions of this section, a credit shall be granted against the educational system impact fee imposed by section 10-431 herein for the donation of a parcel of land reasonably useful to the school board; or for the construction of an improvement or addition to the educational 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 administrator after consultation with the superintendent. No credit shall be given for the donation of land or construction unless such property is conveyed, in fee simple to the school board without consideration.

(b)

Prior to issuance of a building permit the applicant shall submit a proposed plan for donations or contributions to the educational system to the county administrator. 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 educational 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)

Within ten (10) days after receipt of a complete proposed plan, the county administrator shall forward the proposed plan to the superintendent for review and recommendation. The superintendent shall provide a recommendation to the county administrator within thirty (30) days of receipt. After reviewing the superintendent's recommendation, the county administrator shall approve or deny the proposed plan in accordance with subsection (d) of this section and, if approved, establish the amount of credit in accordance with subsection (e) of this section. The county administrator shall issue a decision within sixty (60) days after the filing of the proposed plan.

(d)

In reviewing the proposed plan, the county administrator shall determine in consultation with the superintendent:

(1)

If such proposed plan is in conformity with contemplated improvements and additions to the 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 is consistent with the capital improvement program for the educational system.

(e)

The amount of the school impact fee credit granted under subsection (a) for any donation of land and construction provided in a plan approved under subsection (c) shall be determined as follows:

(1)

The value of donated land shall be based upon a written appraisal prepared by an M.A.I. appraiser who was selected from a list of approved appraisers provided by the school board and paid by the person seeking the credit, and who used generally accepted appraisal techniques. The valuation standard utilized by the M.A.I. appraiser shall be the fair market value of the donated land as unimproved property prior to the development approval requiring the donation with its highest and best use being determined without any consideration of any enhanced value of the donated land resulting from approval by the county of the residential development with respect to which the land donation constituted a condition of development approval. Such market value shall be determined as of the submission date of the plan to the planning director.

(2)

The following legislative findings are made and determined in support of the adoption of the school site valuation standard for the determination of the fair market value of a donated school site for the purpose of a school impact fee credit calculation:

a.

The requirement of the donation of a school site as a condition of approval of a development phase is intended to provide adequate land for school facilities needed by the contemplated residential development approved and such exaction bears a rational nexus to such need.

b.

The requirement for the dedication of a school site as a condition of development approval is a reasonable requirement permitting the landowner to engage in the business of subdividing land.

c.

The imposition of a school impact fee countywide is a rational regulation of growth to ensure that the school facilities needed by growth are provided on a timely basis to accommodate new residential development.

d.

Determination of the amount of a school impact fee credit for a donated school site that was required as a condition of development approval by an appraisal methodology based on the fair market value of the donated site if developed and used not as a school site but in a manner consistent with other parcels as approved within the development ignores the regulatory consequence that the development was permitted only if such donation was made. As a consequence, such donated land would never receive the enhanced value resulting from the development approval precisely because its use was limited to a school site. Such appraisal methodology also undermines the regulation of growth by diminishing the fair share contribution of residentially developed parcels within the development to fund the capital improvements needed to accommodate growth under the methodology used to develop the impact fee study.

e.

Under the methodology used to develop the impact fee study, granting a school impact fee credit for the value of donated land for a school site within a development in excess of the land portion of the school impact fee amount diminishes the fair share contribution needed from residential units within a development to fund the capital improvements needed to accommodate growth caused by the development when compared to other residential units.

(f)

If a proposed plan is approved for credit by the county administrator after consultation with the superintendent, the applicant or owner, the board, and the school board 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 board and school board, 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.

(g)

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 to and accepted by the school board. A credit for the construction of an improvement or addition to the educational system shall be granted at such time as the construction is completed, approved and accepted by the school board. The administration of said contribution credits shall be the responsibility of the superintendent after said credits have been approved by the county administrator.

(h)

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 educational system impact fee pursuant to section 10-431 herein. Any difference between the amount paid and the amount due, should the county administrator approve and accept the proposed plan, shall be refunded to the applicant or owner. The administration of such refunds shall be the responsibility of the superintendent.

(Ord. No. 06-23, § 3.03, 7-18-06)