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Clay County |
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Code of Ordinances |
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Chapter 16. PLANNING AND DEVELOPMENT |
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Article IV. PUBLIC SCHOOL IMPACT FEES |
§ 16-66. Credit for donation of land or construction.
(a)
Subject to the terms and conditions of this section, and except as provided in subsection (i), a credit shall be granted against the school impact fee imposed under section 16-64 for the donation of land or for the construction of an improvement or addition to the public educational system that is required pursuant to a development permit or made voluntarily in connection with new residential development. Such donations or construction shall be subject to the approval and acceptance of the planning director and the facilities director. No credit shall be given for the donation of land or construction unless the same is conveyed in fee simple to the school board without consideration.
(b)
Prior to the issuance of a building permit for a new residential development, a person seeking a credit therefor under subsection (a) shall submit to the planning director an original and a copy of a plan for donations or contributions to the public educational system. The plan shall include:
(1)
The identification of the new residential development for which the plan is being submitted;
(2)
A legal description of any land proposed to be donated, a minimum standards topographic and boundary survey thereof based upon such legal description, and a written appraisal prepared in conformity with subsection (e);
(3)
A list of the contemplated contributions to the public educational system and an estimate of the proposed construction costs certified by a professional architect or engineer; and,
(4)
A proposed schedule for completion of the plan.
(c)
Within ten (10) days following receipt of a plan under subsection (b), the planning director shall forward a copy of the plan to the facilities director for review and recommendation. The facilities director shall submit a written recommendation to the planning director within twenty (20) days following the facilities director's receipt of the plan. Based upon the facilities director's recommendation, the planning director shall approve or deny the plan in accordance with subsection (d) and, if approved, establish the amount of credit in accordance with subsection (e). The planning director shall issue a decision within sixty (60) days following the filing of the plan.
(d)
In reviewing the plan, the planning director shall determine in consultation with the facilities director whether:
(1)
The plan is consistent and in conformity with contemplated improvements and additions to the public educational system;
(2)
The donation of land and/or construction by the applicant is consistent with the public interest;
(3)
The schedule for the plan is consistent with the capital improvement program for the public educational system; and,
(4)
The land donations and construction contributions provide improvements or additions to the public educational system that are required to accommodate new residential development.
(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 studies.
e.
Under the methodology used to develop the impact fee studies, 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.
(3)
If the appraisal does not conform to the requirements of this subsection and the applicable administrative regulations, the appraisal shall be corrected and resubmitted. In the event the facilities director accepts that the methodology of the appraisal is consistent with the school site valuation standard but disagrees with the appraised value, or if otherwise required by law, the school board may engage another M.A.I. appraiser at its expense and the value shall be an amount equal to the average of the two (2) appraisals. If either the person seeking the credit or the school board 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 person seeking the credit and the school board. The third appraiser shall be an M.A.I. appraiser selected by the first two (2) appraisers and the third appraisal shall be binding on the person seeking the credit and the school board; provided, if the third appraisal is less than the lower of the first two (2) appraisals, then the value shall be the lower of the two (2) first appraisals, and shall be binding on the person seeking the credit and the school board; provided further, if the third appraisal is greater than the higher of the first two (2) appraisals, then the value shall be the higher of the two (2) first appraisals, and shall be binding on the person seeking the credit and the school board. All appraisals shall be consistent with the school site valuation standard. An appraisal submitted with a method of valuation not consistent with the school valuation standard adopted shall be rejected by the facilities director.
(4)
The cost of construction shall be based upon either the amount of cost estimates certified by a professional architect or engineer, or the actual cost of construction, whichever is less. In no event, however, shall any credit be granted in excess of the estimated construction costs approved unless the construction project is competitively bid, in which case, the credit shall be limited to the actual cost or one hundred twenty (120) per cent of the bid amounts, whichever is less.
(f)
If a plan is approved under subsection (c), the person seeking the credit, the county and the school board shall enter into a credit agreement in accordance with subsection (k) which shall provide for the timing of the action to be taken by such person and the obligations and responsibilities of such person, including, but not limited to:
(1)
The timing of actions to be taken by such person and the obligations and responsibilities of such person, including, but not limited to, the construction standards and requirements to be complied with;
(2)
The obligations and responsibilities of the county and school board, including but not limited to inspection of the construction project; and,
(3)
The amount of the credit as determined in accordance with subsection (e).
(g)
A credit for the donation of land for a school site 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, subject to and in accordance with the requirements of subsection (k). The amount of the credit for the donation of land shall only apply against the land portion of the school impact fee amount for each dwelling unit. A credit for the construction of an improvement or addition to the public educational system shall be granted at such time as the construction is completed, approved and accepted by the school board. The administration of such credit shall be the responsibility of the facilities director after such credit has been provided in the credit agreement under subsection (f). The credit shall be applicable only to property governed under the development permit or to property comprising the new residential development for which the donation of land was made or the construction of an improvement or addition to the public educational system was provided. Such property shall be specifically identified in the credit agreement required under subsection (k). If the credit is limited to only a portion of such property, such portion shall be specifically identified in such credit agreement. No credit may be assigned or applied to any lands or development beyond the limits of the property or portion thereof so identified. No credit, whether unused or otherwise, may be converted to cash payable to the person entitled to the credit. Any credit remaining after the build-out of the property or portion thereof so identified shall be deemed to have been adjusted to zero.
(h)
Any person seeking a credit under subsection (a) who submits a plan pursuant to subsection (b) and desires the immediate issuance of a building permit for the new residential development related to the plan prior to the approval of the plan shall pay the applicable school impact fee imposed under section 16-64 prior to the issuance of the building permit. Should the plan be subsequently approved and a credit agreement therefor entered into under subsection (f), then at the option of such person, any school impact fee so paid shall be refunded to such person, not to exceed the amount of the credit, and the amount refunded shall be applied against such credit. The administration of such refund shall be the responsibility of the facilities director.
(i)
A credit shall be granted against the school impact fee imposed under section 16-64 within an existing development of regional impact as follows:
(1)
The amount of such credit shall be determined in accordance with the terms of the development order by which the same was authorized, but any appraisal for a land donation must be consistent with the school site valuation standard, and the amount of the credit for such donation shall only apply against the land portion of the school impact fee amount for each dwelling unit.
(2)
Unless the owner of such existing development of regional impact agrees otherwise, such credit shall not be subject to proration as set forth in subsection (j) amongst either the total number of dwelling units authorized to be developed under the development order therefor or amongst any fraction thereof, but shall be available for application against the full amount of the school impact fee imposed on new residential development therein until exhausted.
(3)
The use of such credit for application against the school impact fee imposed on any new residential development within such existing development of regional impact shall be determined by the owner of such existing development of regional impact and shall be evidenced by such means as such owner, the county and the school board may agree upon. Such means may include a voucher issued by such owner specifically identifying such new residential development, the person to whom issued, and the amount of the credit to be applied, that may be presented with any building permit application for such new residential development in lieu of payment of the applicable school impact fee. The administration of such credit shall be the responsibility of the facilities director after such credit has been determined in accordance with this section.
(j)
The amount of the credit for any new residential development pursuant to a development order or development phase, other than an existing development of regional impact, shall be prorated among the maximum number of dwelling units available under the development order or within the development phase for which the school site donation is required, to result in an adjusted school impact fee for each dwelling unit. The amount of the adjusted school impact fee for all dwelling units available under the development order or within the development phase shall be determined upon final approval of the development order or the development phase and shall be established at a fixed amount regardless of the final build out of the contemplated development.
(k)
The amount of the credit and, if applicable, the proration of the school impact fee for each dwelling unit within a development phase and within any existing development of regional impact shall be documented in a credit agreement amongst the person seeking the credit, the county and the school board. No credit shall be applied against the school impact fee required for any particular building permit unless such credit is provided in a credit agreement fully executed and in effect prior to submitting an application for such permit.
(Ord. No. 2003-30, § 1, 3-25-03; Ord. No. 2005-21, § 2, 6-14-05; Ord. No. 2005-43, § 4, 9-27-05; Ord. No. 2009-30, § 5, 7-14-09; Ord. No. 2014-10, § 1, 5-13-14)