(A) General provisions.
(1) A developer shall be entitled to a credit against development impact fees assessed pursuant to this chapter for city-approved monetary or in-kind contributions toward some or all of the public facilities included in the City of Camden Capital Improvements Plan that are eligible for impact fee funding.
(2) Development impact fees shall not be imposed on a fee payor or developer who has entered into an agreement with the city for certain contribution, payment, construction, or dedication of land up to the cash value of the specific improvements identified within the agreement. Any difference between total development impact fees due for the development and the cash value of the executed agreement remain eligible for collection pursuant to the rules and requirements of this chapter.
(3) A fee payor shall be reimbursed for contributions of land or facilities that exceed its proportionate share of the cost of public facilities when such excess contribution is made at the request of the city.
(B) Application for credit agreement.
(1) The determination of the amount of any credit shall be undertaken through submission of an Application for Credit Agreement, which shall be submitted through the City Planning and Development Department for review by the City Planning and Development Director, or its designee.
(2) The Application for Credit Agreement shall include the following information:
(a) The following documentation must be provided if the proposed application involves a credit for any cash contribution:
1. A certified copy of the development agreement in which the contribution was agreed; and
2. Proof of payment (if already made); or
3. Proposed method of payment (if not already made).
(b) The following documentation must be provided if the proposed application involves credit for dedication of land:
1. A drawing and legal description of the land;
2. The appraised fair market value of the land at the date a building permit application is sought for the land use(s), prepared by a professional real estate appraiser who is a member of the member Appraisal Institute (MAL) or who is a member of Senior Residential Appraisers (SRA); and
3. A certified copy of the development agreement in which the land was agreed to be dedicated (if applicable).
(c) The following documentation must be provided if the proposed application involves credit for construction:
1. The proposed construction documents of the specific construction project prepared and certified by a duly qualified and licensed engineer in the State of South Carolina; and
2. The projected costs for the suggested improvements, which shall be based on local information for similar improvements, along with the construction schedule for the completion of said improvements. Such estimated cost shall include construction or reconstruction of the project, the cost of labor and materials, the cost of all lands, property, rights, easements, and franchises acquired, financing charges, interest prior to and during construction and for one year after completion of construction, costs of plans and specifications, surveys of estimates of costs and revenues, costs of professional services, and all of the expenses necessary or incidental to determining the feasibility or practicability of such construction or reconstruction.
(3) Within 14 days of receipt of the proposed Application for Credit Agreement, the City Planning and Development Director, or its designee, shall determine if the application is complete. If it is determined that the proposed agreement is not complete, the City Planning and Development Director shall send written notification to the applicant outlining the deficiencies. The City Planning and Development Director shall take no further action on the proposed Application for Credit Agreement until all such deficiencies have been corrected or otherwise settled.
(4) Once the City Planning and Development Director determines that the proposed Application for Credit Agreement is complete, it shall be reviewed within 30 days by a committee of designated staff composed of the City Manager, City Finance Director, City Public Works Director, and City Fire Chief (together known as the Credit Review Committee).
(5) If the Application for Credit Agreement is approved by the Credit Review Committee, a credit agreement shall be prepared and signed by the applicant and the City Manager. It shall specifically outline the contribution, payment, construction, or land dedication, the time by which it shall be complete, dedicated, or paid, and any extensions thereof, and the dollar credit the applicant shall receive for the contribution, payment, or construction against development impact fees. The agreement may also include provisions for rescinding the credit and issuing stop work orders if the dedication and/or work and/or construction are not timely accomplished.
(6) A fee payor affected by the decision of the Credit Review Committee regarding credits may appeal such decision pursuant to § 104.13 of this chapter.
(Ord. 2023-027, passed 10-24-23)