§ 8.5-46. Development contribution credit.

(a)

A credit may be granted against the police impact fee or fire impact fee imposed pursuant to section 8.5-61 or section 8.5-71, as applicable, for the donation of land or equipment or for the construction of capital facilities for the city fire rescue system or city police system, as applicable, required pursuant to a development order of the city or voluntarily made in connection with an impact construction. Such land donation and construction and improvement shall be subject to approval by the council and the following standards:

(1)

The proposed plan must be in conformity with contemplated improvements and additions to the city fire rescue system or city police system;

(2)

The proposed donation of land or equipment or proposed construction must be consistent with the public interest; and

(3)

The proposed time schedule must be consistent with the city's capital improvement program for the city fire rescue system or city police system.

(b)

The amount of developer contribution credit to be applied 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 by a qualified and professional appraiser and based upon comparable sales of similar property between unrelated parties in a bargaining transaction;

(2)

The actual cost of anticipated construction of capital facilities shall be based upon cost estimates certified by a professional architect or engineer in conformity with all construction standards of the city; and

(3)

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

(c)

Prior to issuance of a building permit the applicant shall submit to the city community development director a proposed plan and estimates of costs for contributions to the city fire rescue system or city police system. The proposed plan shall include:

(1)

A legal description of any land proposed to be donated and a written appraisal prepared in conformity with subsection (b)(1) of this section;

(2)

A list of the contemplated capital 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.

(d)

Upon receipt of the proposed plan, the city community development director shall determine if the proposed plan meets all the requirements of this section. If all requirements are met, the city community development director shall schedule the proposed plan as an agenda item for the council. The city community development director shall provide the applicant or owner written notice of the time and place of said council meeting. The proposed plan shall be heard by the council within forty-five (45) days of the date the proposed plan, which meets all the requirements of this section, was submitted.

(e)

The council shall determine:

(1)

If such proposed plan of construction or donation is in conformity with contemplated improvements and additions to the city fire rescue system or city police system, as applicable;

(2)

If the proposed donation is consistent with the public interest;

(3)

If the proposed construction and donation time schedule is consistent with the city's capital improvement program; and

(4)

If eligible for credit, the amount of developer contribution credit based upon the above standards of valuation.

(f)

All construction cost estimates shall be based upon and all construction plans and specifications and proposed donations shall be in conformity with the standards of the city. All plans and specifications shall be approved by the city prior to commencement of construction.

(g)

Any applicant who submits a proposed plan pursuant to this section and desires the immediate issuance of a building permit shall pay the applicable impact fees pursuant to sections 8.5-61 and section 8.5-71 prior to or at the time the request for hearing is filed. Said payment shall be deemed paid "under protest" and shall not be construed as a waiver of any review rights. Any difference shall be refunded to the applicant or owner.

(h)

No credit shall be granted for the donation of land or equipment or for the construction of capital facilities unless such donation or construction would be an authorized expenditure for the applicable impact fee as provided in sections 8.5-62 and section 8.5-72 herein.

(i)

The city shall not reimburse or refund to the applicant that amount by which any donation exceeds the required fire and/or police impact fee.

(Ord. No. 04-20, § 2.06, 7-27-04)