(A) General.
(1) A developer who shall commence any land development activity generating traffic may apply for a credit against any impact fee paid pursuant to the provisions of this subchapter for any transportation related contribution, payment, construction, or land accepted and received by the city, including any other transportation related contribution, payment or construction made to the city pursuant to a development order issued by the city pursuant to its local land development regulations or 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) The credit shall be in an amount equal to the market value of the contribution, payment, construction, or land at the time of the contribution, payment, construction or land dedication. No credit shall exceed the impact fee for the proposed land development activity generating traffic imposed by this subchapter.
(B) 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 or his designee. 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 land development activity generating traffic 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 state 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 incidental 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 or revised application for credit agreement, the City Manager or his designee shall determine if the application is complete. If it is determined that the proposed agreement is not complete, the City Manager or his designee shall send a written statement to the applicant outlining the deficiencies. The City Manager or his designee shall take no further action on the proposed or revised application-for-credit agreement until all deficiencies have been corrected or otherwise settled.
(3) (a) Once the City Manager or his designee determines the proposed credit agreement is complete, he shall review it within thirty (30) days and grant the proposed credit agreement if the traffic related contribution, payment, construction or land dedication:
1. Meets an expansion need of the capital road improvements to the major road network system identified in Exhibit A which is attached to Ordinance No. 91-10 and incorporated herein by reference;
2. Provides a capital road improvement to the major road network system which provides capacity expansion necessitated by the proposed land development activity.
(b) Credit shall be given for the contribution, payment, construction or land that is consistent with its market value at the time of contribution, payment or dedication.
(4) If an application-for-credit agreement is approved by the City Manager or his designee, 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 extensions thereof, and the dollar credit the applicant shall receive for the contribution, payment, or construction.
(C) Appeal of application for credit agreement. An applicant for credit 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 the date of the decision of the City Manager on such application. In reviewing the City Manager's decision, the City Council shall use the standards established in division (B) above. Such review shall be conducted by the City Council at a public hearing and shall be heard by the City Council within sixty (60) days from the date of the filing of the petition.
('74 Code, § 15-87) (Ord. 91-10, passed 5-16-91)