(A) Any conveyance of land by a developer to the county or construction project completed, received, and accepted by the county from a developer shall be credited against the development impact fee due if the conveyance or construction meets the same needs as the development impact fee. If the developer wishes to receive credit against the amount of the development impact fee due for such conveyance or construction, the developer may enter into a fee agreement with the county. The fee agreement shall provide for establishment of credits and fee payment in a specified manner and time.
(B) The value of land conveyed or facilities constructed by a developer and accepted by the county for purposes of this section shall be determined by an appraisal based on the fair market value of the land or facilities as established by the county. Construction shall be in accordance with county and state design standards.
(C) Credit may not be given for:
(1) Site-related transportation improvements to local roads and collectors, including transportation improvements required for adequate access for a subdivision;
(2) Conveyance of land or construction of facilities required as part of the Planning Commission approval of the project; or
(3) Any conveyance or construction otherwise required for development under any other provision of state or county law.
(D) Land awarded credit under this section shall be conveyed no later than the time at which development impact fees are due. The portion of the development impact fee credited for construction shall be deemed paid when the construction is completed and accepted by the county for maintenance, or when adequate security for the completion of the construction has been provided.
(2004 Code, § 102-7) (Ord. 165, passed 11-18-1998)