§ 1106. Credits for System Improvements.

Editor's note— Ord. No. 17-24 , § 3(Exh. A), adopted Dec. 7, 2017, repealed the former § 1106, §§ 1106.1—1106.8, and enacted a new § 1106 as set out herein. The former § 1106 pertained to credits against impact fees and derived from Ord. No. 15-43 , § 3(Exh. B), adopted Dec. 3, 2015.

1106.1.   Improvements Eligible for Credits.

Any person who shall commence Impact-Generating Land Development may apply for a credit for system improvements accepted and received by the County for contribution, payment, construction, or land made pursuant to a development order or written agreement issued by the County.

(Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

1106.2.   General Standards.

All awards of Impact Fee credits shall be subject to the following requirements:

A.

Credit. Impact Fee credits shall be directly attributable to and approved for a contribution, payment, construction or land dedication that conforms to the requirements of this section.

B.

Options for Use of Credits. Impact Fee credits may be utilized consistent with one (1) of the three (3) following options:

1.

Impact Fee credits may be used to offset Impact Fees due and owing for an applicable Impact Fee of the development project for which contribution, construction, or dedication of land for County Capital Facilities is made and credit accepted pursuant to this section.

2.

Subject to the terms of an agreement with the County, credit may be used in the form of a refund of Impact Fee funds to the developer/owner from future Impact Fees to be paid for Building Permits issued for the development project for which the contribution, construction, or dedication of land is made. Refunds for credits pursuant to this subsection are not transferable. In no case shall the refund be greater than the amount of Impact Fees paid.

3.

Impact Fee credits may be assigned or transferred to any entity and used to offset Impact Fees due and owing for an applicable Impact Fee of any development project located in the same Benefit District as the development project for which the contribution, construction of improvements, or dedication of land for County Capital Facilities was made and for which the credit was accepted pursuant to this Section 1106.

C.

Consistent with Subsection 163.3180(5)(h) F.S., transportation impact fee credits shall be provided for proportionate share payments made to satisfy transportation concurrency requirements. Such credits shall be provided pursuant to the terms of a binding development agreement between the County and the applicant.

(Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

1106.3.   Application for Impact Fee Credits.

A.

Application. Any person eligible to receive Impact Fee credits pursuant to Section 1106.1 may submit a written application to the County Impact Fee Administrator. The quantity of infrastructure to be provided and amount of credits requested shall be included in the application, and the appropriate documentation supporting the valuation or estimate shall accompany the application.

B.

Standards. The standard to be applied in making a decision to accept, accept with modifications, or reject a credit application shall be whether the credit will result in a reduction of the costs to the County of constructing County Capital Facilities, by an amount at least equal to the value of the credit.

C.

Approval and Credit Authorization. The County Impact Fee Administrator shall review and approve or deny each application. For all applications receiving approval, the County shall issue a Credit Authorization identifying the contribution, construction or dedication of land for which credit is provided, the amount of the approved credit, how credit is to be provided, and any other relevant terms and conditions.

D.

Time of Credit and Valuation.  

1.

Land Dedications. Credits for land dedications shall be awarded after the land has been dedicated to the County in a form acceptable to the County at no cost to the County. When such conditions have been met, the County Impact Fee Administrator shall issue the Credit Authorization stating the amount of credit available.

2.

Improvements. Approved credits for acquisition or construction of Improvements shall be awarded after (a) all required construction has been completed and has been accepted by the County, (b) a suitable warranty bond has been received and approved by the County, and (c) all design, construction, inspection, testing, bonding and acceptance procedures have been completed in compliance with all applicable requirements of the County (and the State of Florida, if applicable).

3.

Valuation. The value of any dedication of land for County Capital Facilities for which credit is sought or has been approved shall be based on pre-development value, not post development value, and calculated as of the earliest point in the development approval process when the need for the contribution, construction of improvements, or dedication of land was identified and made a condition of approval. The valuation of any contribution or construction of improvements shall be based on actual and reasonable costs incurred, documented to the satisfaction of the County Impact Fee Administrator.

(Ord. No. 17-24 , § 3(Exh. A), 12-7-17)