<div class="chunk-title">Sec. 19-33. - Offsets.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               <span class="ital">Offsets.</span> Offsets against the amount of an school impact fee due from new residential construction
               may be provided for the donation of land or cash by an applicant if such land or cash
               assists in meeting the demand generated by the new residential construction and if
               either:
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            <p class="incr1">
               (1)
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            <p class="content2">
               The costs of such land have been included in the school impact fee calculation methodology,
               and
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               (2)
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               The land donated is determined by the administrator and the superintendent to be a
               reasonable substitute for the school impact fee due. Offsets are not retroactive to
               include donations of land made prior to the effective date of this chapter.
               </p>
            		
            <p class="incr0">
               (b)
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            <p class="content1">
               Requests for offsets shall be submitted at the time of filing the site development
               permit application. The request for an offset shall be accompanied by relevant documentary
               evidence establishing the eligibility of the applicant for the offset. When a request
               for an offset is received, the administrator shall:
               </p>
            		
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               (1)
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               Calculate the applicable school impact fee without the offset; and
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               (2)
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               Shall then determine, after consultation with the superintendent whether an offset
               may apply and, if so, the amount of the offset; and
               </p>
            		
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               (3)
               </p>
            		
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               The offset shall then be applied against the school impact fee due; provided, however,
               that in no event shall an offset be granted in an amount exceeding the school impact
               fee due.
               </p>
            		
            <p class="incr0">
               (c)
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            <p class="content1">
               No donations of land by an applicant will occur without the formal approval of the
               school board.
               </p>
            		
            <p class="incr0">
               (d)
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            <p class="content1">
               The amount of the offset shall be the value of the donated land determined by fair
               market value established by private MAI appraisers acceptable to the school board
               and the county board of commissioners. The applicant shall bear the cost of the MAI
               appraisal.
               </p>
            		
            <p class="incr0">
               (e)
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            <p class="content1">
               The date of valuation shall be the date of conveyance of the site. If the appraisal
               does not conform to the requirements of this chapter and the applicable administrative
               regulations, the appraisal shall be corrected and resubmitted.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
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               The offset shall be granted at such time as the property which is the subject of the
               donation has been conveyed to and accepted by the school board. No certificates of
               occupancy shall be issued or, where a certificate of occupancy is not required, any
               final inspections conducted until such property is conveyed to the school board. To
               convey land to the school board the following provisions shall be met at no cost to
               the school board and all documents shall be in a form approved by the school board
               attorney:
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               (1)
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               The delivery to the school board of a complete and current abstract of title or a
               title insurance commitment to insure said property for the amount equal to the value
               of the offset; and
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               (2)
               </p>
            		
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               The delivery to the school board, of a general warranty deed, in appropriate form,
               with sufficient funds for recording same based upon the agreed value of the property;
               and
               </p>
            		
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               (3)
               </p>
            		
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               A tax receipt evidencing the payment of taxes for the current year; and
               </p>
            		
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               (4)
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               The issuance of a title insurance policy subsequent to recording of the deed; and
               </p>
            		
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               (5)
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               Any and all other documents reasonably required by the school board attorney.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               Voluntary cash contributions shall be considered an offset when the payments are made
               to the county for the benefit of the public schools subsequent to the adoption of
               this chapter, including payments made as a condition of site plan, zoning, or other
               land use approval.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               At the request of the applicant, the offset shall be prorated as to all lots in one
               subdivision owned by the applicant. Once the offset has attached to the lots in said
               subdivision, it shall be unaffected by a change in ownership of the lot, and shall
               be available to successors and assigns of the applicant.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               Failure to apply for the offset within the time period required shall be deemed a
               waiver of the offset, regardless of transfer of title to such lands.
               </p>
            		
            <p class="historynote0">
               (Ord. of 9-8-03(1), Â§ 1)
               </p></div>