10.08.01. After the effective date of this article, credit shall be provided for capital improvements built by private parties or for land dedicated, voluntarily or as a condition of development approval, that is of the same type that would be eligible for the expenditure of impact fees.

10.08.02. To receive credit for system improvements, the developer shall submit construction drawings, specifications, and construction cost estimates or property appraisals to the city. The city shall determine the amount of credit due based on the information submitted, or where such information is deemed inaccurate or unreliable, on alternative engineering or construction costs acceptable to the city. The city may independently determine the amount of credit to be approved for land dedication by securing other property appraisals, or requiring submittal of other relevant information. In the event that the construction or dedication is required as a condition of approval, the city shall make the determination, subject to appeal to the city commission by the applicant. In the event that the construction or dedication is voluntary, whether to accept the contribution and provide impact fee credit shall be decided by the city commission. No credits shall be approved for any site-related transportation capital improvements.

10.08.03. Following approval of a credit by the city, the city shall execute an agreement with the applicant, setting forth the amount of the credit, the type of impact fee facility for which the credit has been provided, whether and how credits are to be used to reduce fees otherwise due from the development or entitle the developer to a reimbursement from past or future impact fees, and the date of the agreement.

10.08.04. Approved credits shall become effective when the improvements have been completed and have been accepted by the city, or their construction secured by bond or other equivalent security to the satisfaction of the city. Approved credits for land dedication shall become effective when the land has been conveyed to and has been accepted by the city.

10.08.05. Notwithstanding any Charter provision, comprehensive plan policy, ordinance, development order, development permit, or resolution, the city must credit against the collection of the impact fees any required contribution, whether identified in a development order, proportionate share agreement, or other form of exaction, including monetary contributions, land dedication, site planning and design, or construction. Any such contribution must be applied on a dollar-for dollar basis at fair market value to reduce any impact fee collected for the general category or class of public facilities or infrastructure for which the contribution was made, as required by 163.3180(5), Florida Statutes.

10.08.06. Any approved credit may be transferred to other developments within the city, provided that any such transfer of credits must be registered with the impact fee administrator.

10.08.07. In the event that the impact fees are increased after the date of the credit agreement, the amount of the remaining credits shall be increased as necessary to ensure that the credit holder receives the full benefit of the intensity or density repaid by the credit when it was first established. To implement this requirement of the Florida Impact Fee Act, the city shall use the following procedures.

(a)

When impact fees are increased, the city shall compute weighted average percentage increases based on the mix of remaining land use types in the development project for which the improvement were made for the transportation impact fees, park impact fees, and general government (including police) impact fees, and apply those percentages to any outstanding credit balances for these three facility types.

(b)

Any adjustments to the amount of outstanding credit balances shall be made within 30 days of the effective date of any fee increases.

(Ord. No. 3588, § 1, 10-3-2011; Ord. No. 5128, § 3(Exh. A), 10-23-2024)