(A) General.
(1) Any person who shall initiate any impact-generating land development activity may apply for a credit against any fee for capital park, police or fire facility impacts proposed to be paid pursuant to the provisions of this subchapter for any contribution, payment, construction, or dedication of land accepted and received by the city for capital park, police or fire facilities, as defined in § 171.03, including any contribution, payment, construction or dedication made pursuant to a development order issued by the city pursuant to its local development regulations, Fla. Stat. § 380.06, or any additional development requirement imposed by the Florida Land and Water Adjudicatory Commission on a development of regional impact.
(2) Credit for contributions, payments, construction or dedications of an impact fee component shall not be transferable to another component. Credit shall be transferable within the same component and within the same development. No credit shall be greater than the fee imposed for the land development.
(B) Credit for park component. For any credit against any park fee proposed to be paid, the contribution, payment, construction or dedication shall be credited for one hundred percent (100%) of the fair market value for any contribution, payment, construction or dedication for a capital park facility identified as part of the parks and open space element of the Palm Bay Comprehensive Plan, and determined by the city to be needed for expansion of its park capital facilities.
(C) Credit for police component. For any credit against any police fee to be paid, the contribution, payment, construction or dedication shall be credited for one hundred percent (100%) of the fair market value for any contribution, payment, construction or dedication for any capital police facility or land identified as part of police facilities fiscal impact report.
(D) Credit for fire component. For any credit against any fire fee to be paid, the contribution, payment, construction or dedication shall be credited for one hundred percent (100%) of the fair market value for any contribution, payment, construction or dedication for capital fire facilities identified as part of fire facilities fiscal impact report.
(E) Procedures for review of application for credit agreement.
(1) The determination of any credit shall be undertaken through the submission of an application for credit agreement, which shall be submitted to the City Manager. The application for credit agreement shall include the following information:
(a) If the proposed application for credit agreement involves credit for the 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 is proposed to be issued for the impact generating land development activity, prepared by a professional real estate appraiser who is a member of the Member Appraisal Institute (MAI) or who is a member of Senior Residential Appraisers (SRA); and if applicable,
3. A certified copy of the development order in which the land was agreed to be dedicated.
(b) If the proposed application for credit agreement involves construction:
1. The proposed plan of the specific construction prepared and certified by a duly qualified and licensed Florida engineer or contractor for the proposed construction;
2. The projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated cost shall include the cost of construction or reconstruction, the cost of all 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 (1) year after completion of construction, cost of plans and specifications, surveys of estimates of costs and of revenues, cost of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction.
(c) If the proposed application for credit agreement involves a credit for any other contribution or payment:
1. A certified copy of the development order in which the contribution or payment was agreed;
2. If payment has been made, proof of payment; or
3. If payment has not been made, the proposed method of payment.
(2) Within twenty (20) days of receipt of the proposed application for credit agreement, the city manager shall determine if the application is complete. If it is determined that the proposed agreement is not complete, the City Manager shall send a written statement to the applicant outlining the deficiencies. The City Manager shall take no further action on the proposed application for credit agreement until all deficiencies have been corrected or otherwise settled.
(3) Once the City Manager determines the proposed application for credit agreement is complete, proposed credit shall be granted within twenty (20) days if it meets the standards set forth in section § 171.08(B) through (F), whichever is applicable.
(4) If the application for credit agreement is approved by the City Manager, a credit agreement shall be prepared and signed by the applicant and the city. It shall specifically outline the contribution, payment, construction or land dedication, the time by which it shall be completed, dedicated, or paid, and any extension thereof, and the dollar credit the applicant shall receive for the contribution, payment or construction.
(F) Appeal of application for credit agreement. Any person may appeal the City Manager's decision on the application for credit agreement by filing a petition with the City Council within thirty (30) days of a decision. In reviewing the City Manager's decision, the City Council shall use the standards established in divisions (B) through (D) above, whichever is applicable.
('74 Code, § 8-222) (Ord. 89-03, passed 3-3-89)