§ 42-104. Credits.

(a)

An applicant shall be entitled to a credit against the recreation impact fee charged pursuant to this division in an amount equal to the cost of off-site improvements and the cost of improvements to on-site recreation facilities which will take a burden off the off-site recreation facilities intended for general public recreational use or contributions of land, money or services contributed or previously contributed by the applicant or his predecessor in interest as a condition of any development agreement entered into with the city. Such credit shall be based on the following criteria:

(1)

The actual cost or estimated cost based on recent bid sheet information of the city of off-site related improvements by the applicant to the recreational system. Off-site improvements eligible for a credit are those improvements proposed for a building site which are required by the city to serve the projects increased burden on the city's recreational facilities.

(2)

The contribution of land, money or other public facilities by the applicant for off-site improvements to the recreation system and for improvements to on-site recreational facilities which have the primary purpose of meeting the general public's need for recreational facilities as determined by the city as a result of the improvements. The credit for land contribution will be based on a pro rata share of the appraised land value of the parent parcel as determined by an M.A.I. appraiser selected and paid for by the applicant and approved by the city manager, or based on such other method as may be mutually agreed upon by the applicant and the city manager. In the event the city manager disagrees with the appraised value, the city may select and pay for another appraiser and the credit shall be an amount equal to the average of the two appraisals.

(3)

Unless otherwise provided in a development agreement between the city and the applicant or his predecessors in title, no credit for contributions or donations made prior to the effective date of this division shall be granted unless the cost of the improvements were paid for or the contributions were made within the two years prior to the effective date of this division.

(4)

No credit shall exceed the amount of the recreation impact fee assessed under sections 42-100, 42-101 or 42-103 above.

(5)

This recreation impact fee is applicable to and for the public facilities for general public recreational use which are a result of new development. No recreation impact fee credit or reduction shall be allowed for private recreational facilities, including land contributions, with only an indirect benefit to the general public.

(b)

The amount of the credit shall be determined by the city manager, provided, however, the city manager's determination may be appealed to the city commission, whose decision shall be final and binding on the applicant.

(c)

Any credit issued pursuant to this section may be transferred by the applicant to any successor in interest of the property.

(d)

Previous development agreements wherein voluntary recreation impact fees were specified and paid shall be binding as to any building permit already issued on land subject to the development agreement.

(Code 1988, § 11.5-59; Ord. No. 98-87, § 9, 12-10-98)