§ 33E-10. Roadway improvement or select transit capital improvement contributions in-lieu-of-fee.

(a)

In lieu of payment of all or part of the road impact fee, the County Public Works Director may accept the offer of a feepayer to construct all or part of an off-site roadway improvement or select transit capital improvement approved pursuant to Section 33E-12 of this chapter.

(1)

All contributions in-lieu-of-fee shall be in accordance with the Comprehensive Development Master Plan and the short range transportation improvement program.

(2)

Such contributions in-lieu-of-fee shall be credited against payment of an impact fee in the amount determined by the County Public Works Director pursuant to Section 33E-8 or 33E-9. The total amount of contributions in-lieu-of-fee shall not exceed the road cost portion of the impact fee formula in Section 33E-7.

(3)

Contributions in-lieu-of-fee shall not be applied to the 2 percent County administrative cost portion of the impact fee which shall remain the responsibility of the feepayer. Where a feepayer seeks to apply a contribution in-lieu-of-fee credit against payment of the road impact fee, the administrative fee portion of the impact fee shall be the sum of: (a) 2 percent of the contribution in-lieu-of-fee or $1,000.00, whichever is less, and (b) 2 percent of the remaining road cost not satisfied by the contribution in-lieu-of fee.

(4)

Previously approved contributions in-lieu-of-fees which are: (1) unused and (2) based on a net road cost which has been subsequently adjusted, shall be entitled to an adjustment equal to the percentage increase or decrease of the net road cost in the road impact fee formula. Previously approved contributions in-lieu-of-fees which are: (1) unused and (2) based on a road cost which has been subsequently adjusted, shall be entitled to an adjustment equal to the percentage increase or decrease of the road cost in the road impact fee formula. Any such adjustment shall only be utilized to offset road impact fees and shall not be refundable.

(b)

An offer by a feepayer to construct road improvement contributions in-lieu-of-fee must be accompanied by plans in sufficient detail to permit the County Public Works Director to determine that County or State design standards will be used and to determine the cost of such improvements.

(c)

The County Public Works Director may accept or reject an offer of contributions in-lieu-of-fee. When such improvements are not consistent with standards set forth in the impact fee manual the Public Works Director may reject the offer of contributions in-lieu-of-fee. If rejected, the Public Works Director shall state in writing the reasons for the rejection. Any appeal from such a decision of the County Public Works Director to reject improvement contributions in-lieu-of-fee shall be reviewed by the County Development Impact Committee Executive Council pursuant to the procedures set forth in the adopted impact fee manual.

(d)

If the County Public Works Director accepts an offer of contributions in-lieu-of-fee, the feepayer shall post a bond or letter of credit with the County Planning and Zoning Director equal to one hundred ten (110) percent of the cost of the agreed to improvement as determined by the County Public Works Director. Upon receipt of such bond, the appropriate County or City entity may issue building permits for that part of the proposed development determined by the County to be satisfied by the contributions in-lieu-of-fee. Release of such bonds for contributions in-lieu-of-fee shall not be issued by either the County or city until such contributed improvements have been completed and accepted by the County Public Works Director or the State.

(e)

If pursuant to Sections 33E-10(a) and 33E-10(b), the County Public Works Director accepts improvements with a cost in excess of the impact fee computed pursuant to Section 33E-8 or Section 33E-9 herein, the feepayer, upon written request, shall be reimbursed for the amount of the excess cost as said cost is determined by the Public Works Director pursuant to Section 33E-10 of this chapter. It shall be the burden of the feepayer to make a written request for reimbursement. The feepayer shall only be eligible for reimbursement after such time as the improvement is completed and accepted by the County Public Works Director or the State. Reimbursements shall be made from the corresponding benefit district trust fund. No reimbursement shall be made after 6 years from the date of first building permit issuance; or for the cost of completed improvements that do not exceed the computed impact fee.

(f)

Any provisions for contributions in lieu of road impact fees included as a condition of a development of regional impact development order must be approved by the County Public Works Director prior to approval of the final development order for county development orders or subsequently ratified by the County Public Works Director in the case of municipal development orders.

(g)

Any claim for contributions in lieu of road impact fee shall have been submitted to and received approval from the County Public Works Director within 12 months of issuance of any building permit intended to use said contributions in lieu of fee and prior to commencement of any road construction, construction of any select transit capital improvement, or dedication of any right-of-way for which said contributions in lieu of fee are being claimed.

(h)

Authorized contributions in lieu of fees are not site-transferable and may only be applied against the impact fees due for developments within the parent tract (development property) of the application for which the off-site contributions were made and authorized. Allocations of contributions in lieu of fees to sub-parcels within the parent tract shall be on based on the prorated area (square footage or acreage) unless an alternative allocation or reallocation has been approved by the County Public Works Director.

(i)

The fee payer shall pay a nonrefundable administrative cost, in the amount set forth in an implementing order approved by the Board of County Commissioners, to be used by the county for processing and review of the contributions in lieu of fee study. This fee shall not be credited against the amount of road impact fees due.

(j)

[Reserved.]

(k)

Determination of the amount of contributions in lieu of road impact fees to be accepted shall be determined by the County Public Works Director based on a review of the documentation provided by the feepayer and current cost information. Any increase in this amount due to changes in construction plans must be authorized in advance by the Public Works Director.

(l)

Previously approved contributions in lieu of fee that have not yet been used may be re-adjusted based on the percentage increase or decrease in the net-road cost as recalculated pursuant to Section 33E-7. Any such adjustment may be applied toward payment of road impact fees but shall not be refundable.

(Ord. No. 88-112, § 1(10), 12-6-88; Ord. No. 94-134, § 1, 6-21-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 26, 9-3-98; Ord. No. 01-153, § 1, 9-25-01; Ord. No. 09-08, § 7, 1-22-09; Ord. No. 16-120, § 1, 11-1-16)