§ 24-97. Credits.

(a)

Scope. Any person who shall commence any law enforcement impact generating land development activity may apply for a credit against the required law enforcement impact fee for any contribution, construction, or dedication of land or equipment made by such person or predecessor in interest that is accepted and received by the county for law enforcement purposes, pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in the county as required by a development order issued by the county, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations or F.S. § 380.06, or any additional development condition imposed by the state land and water adjudicatory commission on a development of regional impact to the extent the contribution, payment, construction or dedication meets the same needs as the law enforcement impact fee.

(b)

General. Any person desiring a law enforcement impact fee credit, who proposes to make any contribution, construction or dedication of a law enforcement facility or equipment that is consistent with both the county's comprehensive plan and the county sheriff's department capital improvement program, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eligible for a law enforcement impact fee credit. The board of county commissioners shall consult with the county sheriff prior to making any final determination that the proposed contribution, construction or dedication is considered to be eligible for a law enforcement impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a law enforcement impact fee credit, the final amount of the credit shall be determined upon the submission of a request for law enforcement impact fee credit and the entering into of a formal law enforcement impact fee credit agreement.

(c)

Relationship of law enforcement impact fee to developments of regional impact. Pursuant to F.S. § 380.06(16), the value of law enforcement facilities and/or other law enforcement capital improvements required pursuant to a county or city-approved development order, except those deemed site-related, shall be credited against the law enforcement impact fee.

(d)

General standards for issuing law enforcement impact fee credits. Prior to the issuance of any credits against the law enforcement impact fee, the person who made the contribution, payment, construction or dedication of law enforcement facilities or equipment shall enter into an impact fee credit agreement with the board of county commissioners. The following provisions are the general rules for the award of credit, supplemented and provided in this section:

(1)

Credit for contributions, payments, construction or dedications of the law enforcement impact fee shall not be transferrable as a credit against other impact fees imposed for purposes other than law enforcement.

(2)

If allowed by the credit agreement, credits may be assigned to successors in interest; provided the county receives a copy of the written agreement signed by both the assignor and the assignee that has been recorded in the public records of the county.

(3)

No credit shall exceed the amount due for the law enforcement impact fee.

(4)

No credit shall be given for law enforcement facilities and equipment dedicated or constructed before July 1, 2004.

(e)

Specific standards. Credits against law enforcement impact fees otherwise payable shall be allowed only under the following conditions:

(1)

Law enforcement need. The contribution, payment, construction or dedication shall meet a law enforcement capital need identified in the county's comprehensive plan, the sheriff's department capital improvement program or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. No credit shall be given for capital improvements that do not meet a law enforcement capital need identified in the county's comprehensive plan, the sheriff's department capital improvement program or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village.

(2)

Law enforcement property dedication.

a.

Credit for the dedication of property for law enforcement purposes shall be valued at 120 percent of the most recent assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey, closing costs or title information provided by the feepayer to the county at the request of the county. Credit for the dedication of property shall be provided when the property has been conveyed at no charge to, and accepted by the county in a manner satisfactory to the county.

b.

If the feepayer shall opt not to have the property dedication credit determined as set out above, then the amount of credit shall be determined by the board of county commissioners based on an independent property appraisal, as described in section 24-98, prepared by an individual both a member of the appraisal institute (MAI) and a state-certified general appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. At the option of the board, the board may request a review appraisal, as described in section 24-99; provided that in the event the value established by the independent appraisal exceeds 120 percent of the assessed value by more than 25 percent, the board shall request a review appraisal.

c.

In the event the board determines to request a review appraisal and the determination of the value is the same or greater than value determined by the independent appraiser, then the county shall bear the cost of the review appraisal. If the determination of the value by the review appraiser is less than the value determined by the independent appraiser, then the feepayer shall pay for the cost of the review appraisal. Any independent or review appraisal submitted pursuant to this subsection shall be subject to review of methodology and technical accuracy at the discretion of the county administrator.

d.

In the event a property owner determines to donate, and the county determines to accept, non-site related property for any planned nonexisting law enforcement facility or expansion of an existing impact fee eligible public building or facility to the county in advance of any application for final development order approval, the board of county commissioners shall reserve the determination of value of the credit for the dedicated property until the property owner, or his assigns, seeks a final development order approval for the remainder of the property from which the dedicated property was provided. All property dedication credits shall be determined at the time contracts are let for the construction/expansion of the eligible facility or at the time a final development order approval is granted, whichever occurs first. No property dedication credit request may include the consideration of any enhancement to the value of property being dedicated as a result of the new or expanded public building construction. No property dedication credit request may include the consideration of any enhancement to the value of the property being dedicated as a result of the overall project development.

(3)

Application procedure. Applicants for credit for construction of non-site related law enforcement building, facilities or equipment shall submit documentation of the actual engineering, construction or acquisition costs to the county administrator or his designee. The county administrator or his designee shall determine credit for law enforcement construction based upon these costs or upon alternative engineering and construction cost estimates if the county administrator or his designee determines that such costs submitted are excessive or incomplete.

(4)

Acquisition by purchase or condemnation.

a.

In the event a developer is required as a condition of a final development order to acquire off-site law enforcement property, the developer shall first obtain an independent property appraisal as described in section 24-98 and provide the county administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in section 24-99.

b.

Except as provided below, credits for law enforcement property acquisition shall be based on the independent property appraisal, the review appraisal, or the purchase price, if lower, as determined by the county administrator. In the event the developer is unable to acquire the law enforcement property for appraised value or lower, the board may:

1.

Grant additional credits above the appraised value if it determines that the cost of acquisition is less than the cost of condemnation or that condemnation is not practical or desired;

2.

Authorize the condemnation of the parcels; or

3.

Deny the request for additional credits.

(f)

Time of claim; waiver. Any claim for credit must be made no later than the time of application for a building permit or an electrical permit. Any claim not so made shall be deemed waived.

(Code 1982, § 1-18-10; Ord. No. 04-005, pt. A, 4-6-2004)