§ 42-147. Reductions for offsetting contributions.

(a)

An applicant shall be entitled to a reduction against the police impact fee charged pursuant to this division in an amount equal to the cost of improvements for police protection services which create excess capacity for the general public, or offsetting contributions to the city of land, money, facilities, equipment, or other public facilities by the applicant or his predecessor in interest as a condition of any development agreement entered into with the city. Such impact fee reduction 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. Improvements eligible as off-site contributions are those improvements proposed that will benefit not only the residential and nonresidential structures on-site, but also the general public. Improvements not eligible as off-site contributions are those facilities that are privately owned or that serve only those respective structures within the development.

(2)

The actual cost, or estimated cost of improvements based on recent bid sheet information of the city with respect to that portion of onsite improvements which create excess capacity for the general public.

(3)

The contribution of land, money, facilities, equipment or other public facilities by the applicant for improvements to the city's police department which create excess capacity for the general public. The impact fee reduction for land contributed 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 impact fee reduction shall be an amount equal to the average of the two appraisals.

(4)

Unless otherwise provided in a development agreement between the city and the applicant or his predecessor in interest, no impact fee reduction 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 two years prior to the effective date of this division [December 10, 1998].

(5)

No impact fee reduction shall exceed the amount of the police impact fee charged under section 42-144 above.

(6)

No impact fee reduction shall be allowed for private security measures or improvements with only an indirect benefit for police protection to the general public.

(b)

The amount of the impact fee reduction shall be determined by the city manager, provided, however, that the determination may be appealed to the city commission, whose decision shall be final and binding on the applicant.

(c)

Any impact fee reduction issued pursuant to this section may be transferred by the applicant to any successor in interest in the property.

(Code 1988, § 11.5-87; Ord. No. 98-85, § 7, 12-10-98)