§ 22-63. Dedication of land and impact fee credits.

(a)

In order to provide lands to meet the need for county library system sites created by residential construction or to provide necessary county library system capital equipment or facilities, a developer of residential construction may dedicate suitable land, facilities or capital equipment to the county in lieu of paying the library impact fee imposed in section 22-60, as agreed to by the county.

(b)

Any land, capital equipment or facilities dedicated to the county in lieu of paying the library impact fee imposed in section 22-60 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 library impact fee imposed by section 22-60 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 residential construction. Such donations or constructions shall be subject to the approval and acceptance of the county manager or designee. No credit shall be given for the donation of land, capital equipment or construction of facilities unless such property is conveyed, in fee simple to the county without consideration.

(d)

Prior to issuance of a building permit, or if no building permit is required, prior to the issuance of the final development order, the applicant shall submit a proposed plan for donations or contributions to the county library system to the county manager or designee. 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 (g) of this section;

(3)

A list of the contemplated contributions to the county library system 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)

Within sixty (60) days after receipt, the county manager or designee shall approve or deny the proposed plan in accordance with subsection (f) of this section and, if approved, establish the amount of credit in accordance with subsection (g) of this section.

(f)

In reviewing the proposed plan, the county manager or designee shall determine:

(1)

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

(2)

If the proposed donation of land or capital equipment 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 county library system.

(g)

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

(1)

The value of donated land shall be based upon a written appraisal of fair market value 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 county manager or designee 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 an improvement to the county library system or the value of donated capital equipment shall be based upon the actual cost of construction or acquisition of said improvement 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 to the county library system, 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. The cost of professional services shall be competitively bid in accordance with F.S. § 287.055, in order to be eligible for impact fee credits; and

(3)

The land donations, construction and capital equipment contributions shall only provide improvements or additions to the county library system required to accommodate growth.

(h)

If a proposed plan is approved for credit by the county manager or designee, 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 board of county commissioners, 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.

(i)

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 county. A credit for the construction of an improvement or donation of capital equipment to the county library system 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 county manager or designee.

(j)

Any applicant or owner who submits a proposed plan pursuant to this section and desires the immediate issuance of a building permit or other final development order prior to approval of the proposed plan shall pay the applicable library impact fee pursuant to section 22-60. Any difference between the amount paid and the amount due, should the county manager or designee approve and accept the proposed plan, shall be refunded to the applicant or owner.

(k)

Credits provided pursuant to this section shall not be transferable from one (1) residential construction to another.

(Ord. No. 2007-60, § 1, 12-11-07)