(a) No credit shall be given for site related improvements or site related right-of-way dedication unless it complies with subsection (d) hereof.
(b) A feepayer may obtain credit against all or a portion of fire/EMS system impact fees otherwise due or to become due by offering concessions or contributions. This offer must specifically request or provide for a fire/EMS system impact fee credit. Such construction must be in accordance with all applicable federal, state, county, and City of Lancaster design and construction standards, laws, regulations, rules, and ordinances. Acceptance of credits for non site related dedication, construction, or concessions listed in subparagraph (d) of this section are solely granted at the discretion of the City of Lancaster through its Service-Safety Director based on the dedication, construction, or concession’s overall benefit to the provision of the City Fire/EMS Service and to public health, safety, and welfare. If the Service-Safety Director accepts such an offer, the credit shall be determined and provided in the following manner:
(1) Credit for the dedication or construction of a non-Site-Related land shall be valued at one hundred percent (100%) of the most recent assessed value by the Fairfield County, Ohio Auditor prior to any increase in value resulting from actual or City approvals of the proposed development, or at the option of the feepayer, by fair market value prior to any increase in value resulting from actual or City approvals of the proposed development and as established by private, independent appraisers acceptable to the City. Credit for the dedication of land shall be provided when the property has been conveyed at no charge to, and accepted by, the City in a manner satisfactory to the Service-Safety Director. All costs associated and in connection with an independent appraisal for the purposes of establishing a fair market value of dedicated land shall be the obligation of the feepayer requesting the credit.
(2) Applications for credit for concessions shall submit acceptable engineering drawings and specifications, and construction cost estimated to the Service-Safety Director. The Service-Safety Director shall determine the credit amount for construction based upon either these costs estimates or upon alternative engineering standards and construction cost estimates if the Service-Safety Director determines that such estimates submitted by the applicant are either unreliable or inaccurate. The Service-Safety Director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his agreement to the terms of the letter or certificate and return such signed document to the Service-Safety Director before credit will be given. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit.
(3) If the City allows the feepayer to construct, build, or purchase the improvement, or piece of equipment as provided in the above paragraph, and if the costs to the feepayer for constructing the fire/EMS improvements exceed the amount of impact fee credit that feepayer will receive, then the City may, at its sole discretion, reimburse the feepayer for the amount of non-site-related improvement costs that exceed the amount of credit the feepayer will receive. The City at its sole discretion may make said reimbursement within two (2) years after the improvement/purchase is complete or as the parties mutually agree.
(4) Credit against impact fees otherwise due will not be provided until:
A. The applicable construction is completed and accepted by the City;
B. A suitable maintenance and warranty bond or a letter of credit is received and approved by the Service-Safety Director; and
C. All design, construction, inspection, testing, bonding, and acceptance procedures are in strict compliance with the then current City of Lancaster laws, regulations, rules and applicable designs, and construction standards.
(5) Credits may be provided before completion of specified improvements if adequate assurances are given by the applicant that the standards set out in Section (14)(B)(4)(C) will be met and if the feepayer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the Service-Safety Director in an amount determined by the Service-Safety Director and consistent with the then current approved practice of the City. All costs associated with the feepayer acquiring, maintaining, or presenting the security for which is provided in this paragraph shall be the full obligation of the feepayer and shall not be included in or be a part of any amount of feepayer credit. If the fire/EMS project will not be constructed or purchased within one (1) year of the acceptance of the offer by the Service-Safety Director, the amount of the security shall be increased by ten percent (10%) compounded, for each year of the life of the security. The security shall be reviewed and approved by the Lancaster City Law Director prior to acceptance of the security by the Service-Safety Director.
(c) Any claim for credit by a feepayer shall be made pursuant to the provisions of subsection (b)(1) and (b)(2) of this section, but in no event shall any claim be made later than the sixty (60) days after the application for a building permit or renewal of a building permit, whichever is applicable. Any claim not so made shall be deemed waived.
(d) The City may at its sole discretion consider a credit based on the terms of this chapter for the following concessions or contributions of the property owner:
(1) Adding fire sprinkler or suppression systems to buildings that would otherwise be too small for applicable building fire codes to require sprinklers;
(2) The use of non-combustible construction materials where applicable building and fire codes would not require same;
(3) Provisions for a full perimeter fire lane where applicable building and fire codes would not require same;
(4) The donation of land for a fire station (only where a new station location would meet the City’s needs)
(5) The provision of a development agreement with the City for purposes of job creation or for consideration of other fee or tax revenue generation.
(e) Credits shall not be transferable from one project or development to another without the approval of the City Council and may only be transferred to a development in a different impact fee district upon a finding by the City Council that the project for which the credit was given benefits such different impact fee district.
(f) In the event fee schedules are subsequently changed to reflect increases or decreases in construction costs or other relevant factors, the fee at the time of the application for a building permit or building permit renewal shall apply.
(g) Determination made by the Service-Safety Director pursuant to the credit provisions of this section may be appealed to the Board of Zoning Appeals pursuant to Section 1345.17.
(Ord. 24-05. Passed 5-23-05.)
(Ord. 24-05. Passed 5-23-05.)