§ 56.37. Credits.

Credit against the parks impact fee is available as follows:

(a)

Demolition, relocation, or cessation of use. Persons responsible for the demolition, relocation, or cessation of a residential use are entitled to credit against their subsequent parks impact fee liability, but the credit must be used within 10 years of issuance and a written request for the credit must be delivered to the director within three years of the demolition, relocation, or cessation of use. Credit shall be issued in writing by the director and must equal the then-applicable impact fee rate times the number of demolished, relocated, or abandoned residential units. Credit may be transferred to successors in interest to the land where the demolition, relocation, or abandonment occurred, but may not be transferred for use on other property.

(b)

Developer improvements. Applicants are entitled to credit against their parks impact fee liability in an amount equal to the value of park improvements contributed to the city, provided that:

1.

The park improvement is consistent with the GMP; and

2.

The park improvement was required by the city as a condition of approval of a land development order or permit; and

3.

The proposed park improvement is reviewed and accepted by the director; and

4.

For a contribution of land, the land is at least five acres in size or, if less than five acres, the land is for a specialty park such as a trail segment, pocket park, or a park adjacent to a body of water; and

5.

The park improvement is made directly by the applicant; and

6.

The city and the applicant enter into a parks impact fee credit agreement setting forth the terms and conditions of the credit, including without limitation, the valuation of the contributed park improvements, the assignability of credits, the timing of contributions, and the expiry of credits. Agreements entered into pursuant to this paragraph must be approved by the Orlando City Council before any park improvement is contributed to the city. The agreement may provide for execution by mortgagees, lienholders, or contract purchasers in addition to the applicant, and may permit any party to record the agreement in the official records of Orange County. The Orlando City Council may approve an agreement pursuant to this section only if finds that the agreement will fairly apportion the costs associated with providing new parks and recreation facilities consistent with Florida law relating to impact fees. Recognizing the extraordinary staff time involved with reviewing a proposed credit agreement, Council may, by resolution, establish an appropriate fee for the submission of credit proposals pursuant to this paragraph.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205)