§ 22-39. Dedication of land and impact fee credits.

(a)

In lieu of all or part of the transportation impact fee, the county manager or a designee, may enter into a developer's agreement with a person seeking to develop land to allow such person to construct part of a road improvement project shown in the Lake County Comprehensive Plan, or to construct off-site road improvements determined necessary as a result of the development of the property or to donate land or right-of-way for a project shown in the Lake County Comprehensive Plan so long as the project or improvement is within the road benefit district in which the funds were collected. The person seeking to enter into the developer's agreement shall submit a construction cost estimate certified by an engineer registered pursuant to F.S. Ch. 471, to the county manager or designee. If acceptable, the county manager or designee shall agree to credit the cost of construction of the improvements towards the transportation impact fee chargeable to the proposed development. If right-of-way dedicated is to be included in the credit, the person shall provide to the county manager or designee an MAI appraisal indicating the fair market value of the property to be dedicated; provided, however, that if the parcel is valued by the property appraiser at fifteen thousand dollars ($15,000.00) or less, the property appraiser's assessed value may be used to determine the square footage value of the right-of-way. The county manager or designee may additionally determine the value of the right-of-way by using the square footage value as determined from an appraisal of a similarly situated parcel so long as such appraisal was completed upon request of the county and is no older than one (1) year. If the county manager or designee elects to use an appraisal of a similarly situated parcel, the county manager or designee shall make a determination that such the economic conditions at the time of the appraisal have not changed significantly so as to invalidate such appraisal. The developer's agreement shall be approved by the board of county commissioners and shall set forth all other applicable requirements and conditions of performance.

(b)

In the event the impact fee credits for construction shall exceed the impact fees chargeable to a particular development, the county manager or designee may agree to compensate the person seeking to develop land with cash, impact fee credit or a combination thereof, as set forth in the developer's agreement. If the person seeking to develop elects cash reimbursement, the person shall be required to competitively bid the construction project and/or professional services. Professional services shall be bid in accordance with F.S. § 287.055, known as the Consultants' Competitive Negotiation Act, and construction services shall be bid in accordance with the county's standard competitive bidding procedures and any other applicable Florida Statutes. A construction cost estimate and/ or right-of-way appraisal shall be provided in the same manner as subsection (a) above. The developer's agreement shall be approved by the board of county commissioners and shall set forth all other applicable requirements and conditions.

(Ord. No. 2007-60, § 1, 12-11-07)