§ 159.310. Construction or Donation of Property in Lieu of Impact Fee Payments.

(A)

In lieu of all or part of the public buildings impact fee, the applicant may offer to construct capital improvements, or dedicate or donate property for a public buildings described in the Public Buildings Program. The applicant shall submit an estimate of the cost of a proposed capital improvement certified by a registered Florida professional engineer, architect or landscape architect acceptable to the Council and an appraisal of the fair market value of the proposed donation of property prepared by a state certified general appraiser who is a member of the Appraisal Institute (MAI), acceptable to the Council.

(B)

If it finds the offer acceptable the Council may enter into an agreement with the applicant to apply the cost of the construction of public buildings capital improvements and the fair market value of the property dedication or donation to the public buildings impact fee otherwise due. The portion of the fee represented by the construction of public buildings or property dedication or donation shall be considered paid when the construction, dedication, or donation is completed and accepted by the City (or other governmental entity as may be approved by the City) for maintenance or when adequate security for the completion of the construction has been provided. If public buildings impact fees are owed, no development permits of any type may be issued for the building or structure in question while the fee remains unpaid. The City Manager may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees.

(C)

The City shall not give impact fee credits for impact fees paid, or capital improvements constructed, or dedications or donations of property, except to the extent that such credit was specifically granted by the City to an applicant in a binding written agreement with the City. If an applicant or successor in interest or predecessor in title has agreed in a binding written agreement with the City or other governmental agency not to seek or accept any impact fee credits then it shall not be given impact fee credits, or be eligible for in lieu payments, for the construction of capital improvements or the dedication or donation of property required by the agreement.

(D)

The City may adopt policies and procedures related to construction or donation of property in lieu of impact fee payments by resolution.

(Ord. No. 06-64, § 10, 10-9-06; Ord. No. 13-24, § 2, 5-28-13)