§ 23-165. School impact fee credits.

(a)

Subject to the terms and conditions of this section, a credit shall be granted against the school impact fee imposed by section 23-141, Orange County Code, for the conveyance of land, required pursuant to a development permit, or conveyed in connection with residential construction. Such conveyances shall be subject to the approval and acceptance of the school board, which approval and acceptance may be withheld at the sole discretion of the school board.

(b)

Prior to issuance of a building permit, the applicant shall submit a proposed plan to the school system. The proposed plan shall include:

(1)

A description of the residential construction for which the plan is being submitted;

(2)

A legal description of any land proposed to be conveyed, and a written appraisal prepared in conformity with subsection (e) of this section;

(3)

A proposed time schedule for completion of the proposed plan.

(c)

The proposed plan shall be filed with the superintendent and reviewed by the school board at a regularly scheduled meeting or a special meeting. The applicant or owner shall be provided with written notice of the time and place of the review. Such review shall be held within forty-five (45) days of the date the proposed plan was submitted.

(d)

At the review, the school board shall determine:

(1)

If such proposed plan is in conformity with contemplated improvements and additions to the school system;

(2)

If the proposed conveyance of land by the applicant is consistent with the public interest; and is developable in accordance with applicable federal, state, and local regulations, including school board criteria; and

(3)

If the proposed time schedule is consistent with the capital improvement program for the school system.

The decision of the school board as to whether to approve and accept the proposed plan for conveyance shall be in writing and issued within twenty (20) working days of the review. A copy shall be provided to the applicant by certified mail. Upon the acceptance and approval of a proposed plan, the school board shall determine the amount of credit based upon the value of the conveyance and shall approve the timetable for completion of the plan.

(e)

The amount of developer contribution credit to be applied for the conveyance of land shall be the value of the conveyed land as determined by an M.A.I. appraiser who was selected and paid for by the applicant, and who used generally accepted appraisal techniques. For conveyances required pursuant to a development permit, the date of valuation shall be the date of conveyance of the site or the date the plan is proposed to the school system under subsection (b), whichever is earlier, unless the developer and the school board agree otherwise. For voluntary conveyances, the date of valuation shall be as agreed by the developer and the school board. If the appraisal does not conform to the requirements of this article and the applicable administrative regulations, the appraisal shall be corrected and resubmitted. In the event the superintendent accepts the methodology of the appraisal but disagrees with the appraised value, he or she may engage another M.A.I. appraiser at his or her expense, and the value shall be an amount equal to the average of the two (2) appraisals. If either party does not accept the average of the two (2) appraisals, a third appraisal shall be obtained, with the cost of such third appraisal being shared equally by the school board and the property owner. The third appraiser shall be selected by the first two (2) appraisers, and the appraisal of the third appraiser shall be binding on both parties.

(f)

Credit for the conveyance of land shall be granted at such time as the property has been conveyed to and accepted by the school board. The administration of such school impact fee credit accounts shall be administered by the county or applicable city.

(g)

Any residential construction for which reservation of a public school site was required pursuant to section 34-155, Orange County Code, or pursuant to a city ordinance, may be entitled to school impact fee credits pursuant to a reservation agreement between the school board and the property owner, provided that the reserved site is developable in accordance with school board criteria.

(Ord. No. 92-28, § 3.05, 9-22-92; Ord. No. 2007-12 , §§ 1, 2, 10-23-07; Ord. No. 2011-05 , § 2, 6-7-11)