Article 13
Impact Fees

CHAPTER A     GENERAL

Section 1         Intent, Authority, and Findings

A.   Intent

This Article is intended to implement and be consistent with the Comprehensive Plan and to regulate the use and development of land. It is the intent of PBC that new development shall bear a proportionate share of the cost of capital expenditures necessary to provide park, fire-rescue, library, law enforcement, public building, schools, and road capital facilities in PBC as is contemplated in the Plan. Impact fees shall not be used to collect more than is necessary to fund such capital facilities. The impact fees in this Article are based on the Impact Fee Report, as amended, which establish a fair and equitable allocation of costs and recognize past and future payments from new development, as well as credits for in-kind contributions, and municipal provision of like facilities under certain circumstances. Funds collected from impact fees shall not be used to replace existing capital facilities or to fund existing deficiencies, but only to provide for new capital facilities which are necessitated by new development.

B.   Authority

The provisions of this Article are authorized by Art. VIII, § 1(g), Fla. Const., F.S. § 125.01 et seq., F.S. § 163.3161 et seq., F.S. § 163.31801, F.S. § 1011.19, and F.S. § 380.06, Sec. 1.3(2), the PBC Charter, and the Capital Improvement Element of the Plan. In addition, the provisions of this Article are necessary for the implementation of the Plan. The inclusion of certain capital facilities in these impact fees shall not be construed as a limitation on the authority of PBC to impose impact fees for additional capital facilities consistent with Florida law. [Ord. 2005-047] [Ord. 2014-025]

C.   Findings

PBC finds that the provisions of this Article are land development regulations which are: necessary for the implementation of the Plan; needed to ensure that Developments of Regional Impact are assessed impact fees under F.S. § 380.06; innovative land development regulations authorized by F.S. § 163.3202(3); necessary to ensure the coordination of new development and the provision of capital facilities, especially sites for new schools; a mandatory responsibility of PBC under the Local Government Comprehensive Planning and LDR Act, F.S. § 163.3161 et seq.; consistent with the requirements in F.S. § 163.31801; and, necessarily and reasonably related to the public health, safety, and welfare. [Ord. 2014-025]

D.   Definitions

See Art. 1.H, Definitions and Acronyms.

Section 2         Applicability

This Article shall apply to the unincorporated area of PBC and to the municipalities in PBC to the extent permitted by the PBC Charter and Art. VIII, § 1(g), Fla. Const., unless otherwise expressly stated in this Article.

Section 3         Exemptions

The following development shall be exempt from payment of respective impact fees, as applicable:

A.   Any development that results in no new impact on a capital facility for which the impact fee is assessed.

B.   The construction of accessory buildings or structures which will not produce new additional impact on a capital facility over and above that produced by the principal building or use of the land.

C.   For the purpose of School Impact Fees, the construction of adult-only residences that meet the Fair Housing Act exemption codified at 42 U.S.C. 3607, as may be amended; provided, however, that the feepayer files a Declaration of Restrictive Covenants prepared and signed by the Impact Fee Manager which prohibits persons 19 years of age or younger from residing in the residence for more than 60 days per calendar year. The School Impact Fee Declaration of Restrictive Covenants must be filed with the Clerk of the 15th Judicial Circuit Court. [Ord. 2005-047] [Ord. 2022-026]

D.   The construction of publicly-owned and operated governmental buildings or facilities.

 

All applications for exemption must be approved by the Impact Fee Manager. A final decision of the Impact Fee Manager may be appealed pursuant to Art. 13.A.6.G, Appeal. All applications for exemption must be made in writing to the Impact Fee Manager prior to Building Permit issuance. In the event that the feepayer wishes to obtain Building Permits prior to the Impact Fee Manager’s final approval, the feepayer may apply for the exemption and deposit the required impact fee assessment into an escrow account, pursuant to an escrow agreement in a form provided for by the Impact Fee Manager. PBC may assess a reasonable fee not to exceed its actual cost in processing the escrow agreement to be paid by the feepayer. [Ord. 2022-026]

Section 4         Imposition of Fee

A.   New Land Use

Any new land development creating an impact on any public facility as defined in this Code shall be required to pay impact fees in the amount and manner set forth in this Article to help regulate the new land development's impact on those public facilities. No Building Permit for any land development requiring payment of an impact fee pursuant to this Article shall be issued until the impact fee has been paid by the feepayer. No Building Permit for any land development requiring payment of an impact fee pursuant to this Article shall be renewed or extended until the impact fee in effect at the time of the renewal or extension has been paid by the feepayer; provided, however, that additional impact fees will not be required where the development has completed and passed all applicable rough inspections for the proposed Building Permit. For those land uses that do not require a Building Permit, the impact fee shall be paid prior to issuance of a Development Order that initiates impact on public facilities. Payment of the impact fee shall not relieve the feepayer from the obligation to comply with Art. 2.F, Concurrency (Adequate Public Facility Standards), or any other portion of this Code. [Ord. 2005-047]

B.   Expansion, Replacement, or Change of Use of Existing Land Uses

Any existing land use that is expanded, replaced, or changed shall be required to pay impact fees based on the new or additional impact as a result of the expansion, replacement, or change of use. The feepayer may be eligible for credit for the existing land use pursuant to Art. 13.A.11.A.1, Submission of Application.

Section 5         Computation of Impact Fee

A.   General

At the option of the feepayer, the amount of the impact fee may be determined either by the impact fee schedules for each impact fee component as provided for in this Article, or by an independent calculation pursuant to Art. 13.A.6, Independent Fee Calculation Study. If the amount of the impact fee for the land use is not determined in the impact fee schedule and the feepayer opts not to conduct an independent calculation, the impact fee shall be determined by the Impact Fee Manager as described in this Article. [Ord. 2005-047] [Ord. 2022-026]

B.   Impact Fee Schedule

The impact fees in the impact fee schedules have been calculated using the data and methodologies described in the Impact Fee Report, as amended. Impact fees are applicable to new development in unincorporated PBC and the municipalities within PBC, and the impact fee schedules establish impact fees based on the proportional impacts of, and benefits to, new development on and from capital facilities provided by PBC and the School Board.

C.   Land Uses Not Specified in Impact Fee Schedule

Except for Road Impact Fees, if the type of land development for which a Building Permit or other appropriate permit is applied, is not specified on the impact fee schedule, the Impact Fee Manager shall use the impact fee applicable to the most nearly comparable type of land use on the fee schedule. For Road Impact Fees, the Impact Fee Manager shall select the most comparable type of land use from the most current edition of Trip Generation, a publication of the Institute of Transportation Engineers (ITE). The Impact Fee Manager shall follow the procedure pursuant to Art. 13.A.6, Independent Fee Calculation Study. [Ord. 2005-047] [Ord. 2022-026]

D.   Mixed Use

For mixed-use development where there is a Development Order expressly identifying the type and proportion of uses within the development, the impact fee shall be determined by applying the fee schedule to the uses and proportions of use specified in the Development Order. For mixed-use development where there is no Development Order specifically limiting the type and proportion of uses within the development, the impact fee shall be determined using the fee schedule for the most intense use.

E.   Errors and Omissions

Errors and omissions, including computational and clerical errors, identified within four years of Building Permit issuance may be subject to correction by the affected parties, including the feepayer. Computational or clerical errors do not excuse the affected parties, including the feepayer, from paying all impact fees due. [Ord. 2005-047]

F.   Quadrennial Review

Quadrennially beginning in January 2023, the Impact Fee Manager shall recommend to the BCC whether any changes should be made to the fee schedules to reflect changes in the factors that affect the fee schedules. This recommendation shall be as a result of a review of the data from which the fee schedules are calculated. The purpose of this review is to evaluate the level of service for each impact fee component to determine whether it should be adjusted based on changed conditions, to analyze the effects of inflation and other cost factors on the actual costs of capital facilities, to assess any changes in credits and generation rates, and to ensure that the impact fee charged new land use activity impacting capital facilities will not exceed its pro rata share for the reasonably anticipated costs of capital facilities necessitated by the new land development. [Ord. 2022-026]

Section 6         Independent Fee Calculation Study

A.   General

If a feepayer opts not to have the impact fee determined according to the fee schedule, then the feepayer shall, at the feepayer's expense, prepare and submit to the Impact Fee Manager an independent fee calculation study for the proposed land use. An independent fee calculation study for Road Impact Fees shall be submitted simultaneously to the Impact Fee Manager and the County Engineer. The independent fee calculation study shall follow the methodologies used in the Impact Fee Report. The independent fee calculation study shall be conducted by a professional in impact analysis. An independent fee calculation study for Road Impact Fees shall be conducted by a professional in Road Impact Fee analysis or by a Registered Engineer. The burden shall be on the feepayer to provide the Impact Fee Manager all relevant data, analysis, and reports which would assist the Impact Fee Manager in determining whether the impact fee should be adjusted. [Ord. 2022-026]

B.   Submission of Application

The application for an independent calculation study shall be submitted to the Impact Fee Manager, except that an independent calculation study for Road Impact Fees shall be submitted simultaneously to the Impact Fee Manager and the County Engineer. In the event that the feepayer wishes to obtain Building Permits prior to the Impact Fee Manager’s final approval, the feepayer may submit an application and deposit impact fees as set forth in the impact fee schedule into an escrow account, pursuant to an escrow agreement in a form provided for by the Impact Fee Manager. A feepayer failing to submit an independent fee calculation study, or, if necessary, an executed escrow agreement to the Impact Fee Manager prior to permit issuance is deemed to have waived the right to an impact fee adjustment based on the independent fee calculation study. [Ord. 2022-026]

C.   Contents of Application

The application shall be in a form established by the Impact Fee Manager and made available to the public. The independent fee calculation study shall follow the methodologies used in the Impact Fee Report. A feepayer wishing to perform an independent fee calculation study for Road Impact Fees shall prepare a traffic impact analysis, which shall include, as appropriate, documentation of: [Ord. 2022-026]

1.   Trip generation rates appropriate for the proposed land use;

2.   Trip distribution and traffic assignments;

3.   Trip length data appropriate for the proposed land use;

4.   Any other trip data employed in the independent fee calculation that is appropriate for the proposed land development; and,

5.   Economic documentation included, but not limited to:

a.   Costs for roadway construction, including the cost of right-of-way, design, and engineering appropriate for the necessary road improvements.

b.   Credits attributable to the proposed land use for roadway improvements which can be expected to be available to replace the portion of the service volume used by the traffic generated by the proposed land development.

c.   The shortfall when the credits attributable to the proposed land use are considered.

D.   Determination of Sufficiency

The Impact Fee Manager shall determine if the application is sufficient within five working days of its receipt. If the Impact Fee Manager determines the application is not sufficient, a written notice shall be mailed to the Applicant specifying the deficiencies. No further action shall be taken on the application until the deficiencies are remedied. [Ord. 2022-026]

E.   Action by Impact Fee Manager

1.   Impact Fees Other Than Roads

For other than Road Impact Fees, within ten working days after the application is determined to be sufficient, the Impact Fee Manager shall review the application, and if the application clearly demonstrates by the methodology described in the Impact Fee Report that the proposed land will use capital facilities less than that projected in the impact fee component, the Impact Fee Manager shall appropriately adjust the impact fee. [Ord. 2022-026]

2.   Road Impact Fees

For Road Impact Fees, within 15 working days after the application is determined to be sufficient, the County Engineer shall review the application and, if the application clearly demonstrates that the proposed land use will create fewer trips than projected in the Road Impact Fee component, the County Engineer shall make a written recommendation to the Impact Fee Manager on adjusting the Road Impact Fee. If the Impact Fee Manager concurs, the Impact Fee Manager shall appropriately adjust the impact fee within five working days of receipt of the County Engineer's recommendation. [Ord. 2005-047] [Ord. 2022-026]

3.   Responsibility of Feepayer

The burden shall be on the feepayer to provide all relevant data, analysis, and reports which would assist the Impact Fee Manager and, in the case of roads, the County Engineer in making a determination of the appropriate impact fee. The analysis and report must be based on generally accepted methods and the formulas for the specific impact fee component in the Impact Fee Report, or in the case of roads, the methods described in this Chapter and below in Art. 13.H, Road Impact Fees. A feepayer wishing to provide additional information after submitting the initial independent fee calculation study must do so no later than 30 days after the date of the Impact Fee Manager's determination of sufficiency. The Impact Fee Manager will not accept additional information relevant to an independent fee calculation study after this deadline. If the impact fee is adjusted, the feepayer shall provide a copy of the Impact Fee Modification Certificate at the time of permit issuance. Failure to provide a copy of the certificate at the time of permit issuance shall constitute a waiver of any adjusted impact fee. [Ord. 2005-047] [Ord. 2022-026]

4.   Decision in Writing

The decision of the Impact Fee Manager to adjust or to refuse to adjust the impact fee shall be in writing and shall be transmitted to the Applicant by certified mail within five days of the decision. An approved adjustment shall be issued in the form of an “Impact Fee Modification Certificate” which shall include information regarding:

a.   project location and name if available;

b.   square footage of project;

c.   adjusted trip generation; and,

d.   property control numbers.

F.   Covenant Running with the Land

The Impact Fee Manager shall require that a covenant running with the land be executed and recorded in the Official Records of the Clerk of the Circuit Court on the development's land before the Building Permit is issued in cases where: [Ord. 2022-026]

1.   The independent fee calculation is based on a use of land having a lesser impact than set forth in the impact fee schedule; or

2.   The development could be put to a use having a greater impact than that proposed in the independent fee calculation study without being required to secure a permit or approval for the use; or

3.   For such other reasons that make a covenant necessary to ensure compliance with this Article.

G.  Appeal

1.   Hearing Officers, as established in Art. 2.G.3.G, Hearing Officers, are hereby authorized to hear and decide appeals of decisions by the Impact Fee Manager concerning independent fee calculations and interpretations of this Article. [Ord. 2014-025] [Ord. 2022-026]

2.   An Applicant shall file an appeal with the Impact Fee Manager by filing a letter of appeal within 15 working days of a decision by the Impact Fee Manager. The letter of appeal must state with specificity the reasons for the appeal and shall contain such data and documentation upon which the Applicant seeks to rely. The Impact Fee Manager may establish a reasonable fee to be paid by the Applicant upon filing an appeal. This fee shall not exceed the cost to the County in processing the appeal. [Ord. 2005-047] [Ord. 2014-025] [Ord. 2022-026]

3.   The Impact Fee Manager shall schedule a hearing before the Hearing Officer no later than 90 working days after an appeal has been filed. The Impact Fee Manager shall notify the Applicant of the hearing date at least 15 working days in advance of the hearing and invite the Applicant or the Applicant’s representative to attend the hearing. Any of the time limitations set forth in this paragraph may be waived upon mutual agreement of the Impact Fee Manager and the party filing the appeal. [Ord. 2014-025] [Ord. 2022-026]

4.   At the hearing, the Hearing Officer shall provide the Applicant and the Impact Fee Manager an opportunity to present testimony and evidence, provided such information was part of the review before the Impact Fee Manager. The Hearing Officer shall reverse the decision of the Impact Fee Manager only if there is substantial competent evidence in the record that the Impact Fee Manager erred from the standards in this Chapter. [Ord. 2011-016] [Ord. 2014-025] [Ord. 2022-026]

5.   Any aggrieved party, including PBC, may appeal an order of the Hearing Officer to the 15th Judicial Circuit Court of PBC. Such appeal shall not be a hearing de novo, but shall be a Petition for Writ of Certiorari and the Court shall be limited to appellate review of the record created before the Hearing Officer. PBC may assess a reasonable fee for the preparation of the record to be paid by the Petitioner in accordance with F.S. § 119.07, as amended from time to time. [Ord. 2011-016] [Ord. 2014-025]

Section 7         Collection and Administrative Fees

A.   Timing and Collection of Payment

1.   Collected at Building Permit or Other Development Order

The person applying for issuance of a Building Permit shall pay the impact fee to the PZB Department, or to the person designated by a municipality to collect the fee (if the municipality is collecting the fee), prior to the issuance of a Building Permit, or if a Building Permit is not required, prior to issuance of the Development Order that authorizes development which places impact on capital facilities for which impact fees are charged.

2.   Municipality May Require Direct Payment to County

A municipality reviewing its own applications for Development Permits may opt to have PBC collect the impact fees, pursuant to interlocal agreement. If PBC is the permitting authority for the municipality by interlocal agreement, no additional interlocal agreement is necessary for PBC to collect impact fees for permits issued for that municipality. If PBC collects the impact fees, the municipality shall not be entitled to the administrative fee. PBC shall not charge the municipality for collecting the impact fee. The municipality shall be responsible for ensuring that all impact fees are paid before issuing any Building Permit or other permit. One municipality may opt to have a second municipality review Development Permits and collect impact fees on behalf of the municipality, provided the municipality that collects impact fees maintains separate records to account for the collection and remittance of the impact fees to PBC in accordance with this Article. [Ord. 2010-018] [Ord. 2012-003]

3.   Municipalities are Collecting Agents

Municipalities collecting impact fees under this Section are acting only as collecting agents for PBC. Such municipalities shall be responsible to PBC for the proper collection and remittance of impact fees, but shall not be liable for the inadvertent miscalculation of impact fee amounts.

B.   Administrative Fees

The Local Government collecting the impact fee shall be entitled to retain three and two-fifths percent of the funds collected as an administrative fee not to exceed the costs associated with the collection of the impact fees. [Ord. 2008-015]

C.   Fees Transferred to Trust Funds

1.   Fees Collected by County

All impact fees collected by the County, less the administrative fee, shall be properly identified by benefit zone for each impact fee component and transferred daily for deposit in the appropriate impact fee trust fund to be held in separate accounts for each impact fee component and each benefit zone. [Ord. 2010-018]

2.   Fees Collected by Municipalities

a.   On-Time Remittance

All impact fees collected by the municipalities, less the administrative fee, shall be remitted to the County Finance Department within 15-calendar days following the month in which the impact fees are collected. One draft may be used to remit the funds to PBC. Funds received from the municipalities shall be deposited promptly in the appropriate impact fee trust fund. [Ord. 2008-015]

b.   Late Remittance

In the event a municipality fails for two or more consecutive months or for any three months in a calendar year period to remit impact fees by the 25th calendar day of the month following the end of the month in which the impact fees are collected, the municipality shall pay simple interest at the Statutory rate on the entire amount collected but not yet remitted to PBC. Interest shall accrue beginning the first day of the month following the end of the month in which the affected impact fees were collected by the municipality. For the purposes of this Section, funds shall be considered to have been remitted to PBC on the date postmarked, if transmitted by certified mail with the proper postage. [Ord. 2005-047]

c.   Transfer of Receipts

If receipts are transferred in accordance with this Section, the municipalities may retain any interest earned on impact fees collected prior to the transfer of the funds to PBC in addition to the administrative fee to offset the costs of collecting, remitting, and accounting for the funds. [Ord. 2005-047] [Ord. 2008-015]

D.   Record Keeping

Records shall be maintained by all Local Governments to ensure proper accounting controls. PBC shall have the authority to audit the records of any municipality to ensure the procedures and standards of this Section are being met by the municipality. Public reports on impact fees shall be provided by the Impact Fee Manager on at least an annual basis and distributed to each municipality. Such reports will account for receipts of impact fees for each impact fee, by benefit zone and municipality, and encumbrances and expenditures of the funds by benefit zone. [Ord. 2022-026]

E.   Impact Fee Manager to Furnish Information and Advice to the Municipalities

The Impact Fee Manager shall furnish such information and advice to the municipalities necessary to ensure proper collection, remittance, accounting, controls, and auditability. [Ord. 2022-026]

Section 8         Benefit Zones and Trust Funds

A.   Establishment of Benefit Zones

One or more impact fee benefit zones are hereby established for each impact fee component, as set forth in this Article. [Ord. 2005-047]

B.   Establishment of Trust Funds

Separate impact fee trust funds for each impact fee benefit zone for each impact fee component are hereby established for the purpose of earmarking all impact fees so that all expenditures of impact fees sufficiently benefit new development in the benefit zone from which the impact fees were collected.

Section 9         Use of Impact Fees

A.   Investment in Interest-Bearing Accounts

All impact fees on deposit in the trust funds shall be invested in interest-bearing sources, and the income derived shall be applied to the applicable trust fund.

B.   Limitation within Benefit Zones

Impact fees collected shall be used exclusively for new capital facilities for the impact fee component within the impact fee benefit zones from which the impact fees were collected, except that if an impact or traffic analysis made by a professional experienced in impact analysis and approved by the Impact Fee Manager demonstrates that a planned development substantially impacts the need to expand the capacity of specific public capital facilities in another benefit zone, then impact fees paid by that planned development may be expended on those specific capital facilities in another benefit zone. [Ord. 2022-026]

C.   Expenditures Shall Benefit New Development

Impact fees shall be used only for capital facility costs for which the impact fees are levied and which add capacity needed to serve new development.

D.   Non-Lapsing

The respective trust funds shall be non-lapsing.

E.   Annual Capital Facility Programs

Annually, the County Administrator shall present to the BCC a proposed Capital Improvement Program for each public facility for which an impact fee is charged, assigning funds, including any accrued interest, from the several impact fee trust funds to specific improvement projects and related expenses. Monies, including any accrued interest not assigned in any fiscal period shall be retained in the same impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this Article.

Section 10       Refunds

A.   General

1.   Non-Commencement of Construction

If a Building Permit or other permit requiring payment of an impact fee expires or is canceled or revoked, the structure has not been completed, and no Certificate of Occupancy has been issued, or if the permit is modified prior to completion of construction so as to change the land use or structure to one of lower impact than that on which the permit was originally issued, then the feepayer, or if the property has been conveyed after payment of the fee, the successor in interest to the real property, shall be entitled to a refund provided: an application for refund is submitted within three years of the payment of the impact fee; within one year of the permit's expiration, cancellation, revocation, or modification, or of the event giving rise to the refund; and the impact fee paid for approval of the permit has not been encumbered or spent by PBC or the School District as applicable. PBC shall retain an additional three and two-fifths percent of the impact fee to offset the costs of administering the refund. [Ord. 2010-018] [Ord. 2014-025]

2.   Untimely Encumbrance

a.   Untimely Encumbrance

Notwithstanding Art. 13.A.10.A.1, Non-Commencement of Construction, above, if PBC fails to encumber the impact fees paid by the feepayer by the end of the calendar quarter immediately following six years from the date the impact fees are paid, and fails to spend the impact fee within nine years of the end of the calendar quarter in which the impact fees are paid, the feepayer, or if the property has been conveyed after payment of the fee the successor in interest to the real property, shall be entitled to a refund except that PBC shall retain an additional three and two-fifths percent of the impact fee to offset the costs of refund. The feepayer, or if the property has been conveyed after payment of the fee, the successor in interest shall submit an application for refund to the Impact Fee Manager, within one year following the end of the calendar quarter in which the right to a refund occurs. In determining whether the impact fee paid by the feepayer has been encumbered or spent, monies in the trust funds shall be considered to be expended on a first-in, first-out basis; that is, the first impact fees paid shall be considered the first monies withdrawn. [Ord. 2010-018] [Ord. 2014-025] [Ord. 2022-026]

b.   Notification of Potential Refund

If more than five percent of the impact fees collected in any fiscal year within any trust fund are unencumbered after the end of the sixth fiscal year following the fiscal year in which the impact fees were collected, PBC shall notify the present owners of lands for which the unencumbered impact fees were paid of the possibility of a refund. Any claim for a refund of impact fees shall be deemed waived if an application for refund is not received within six months of the mailing or delivery of such notice.

3.   Computational or Clerical Errors and Omissions

During the period of time specified in this Article for the correction of errors and omissions, the feepayer or a successor in interest to the real property against which an impact fee was incorrectly assessed through computational or clerical error may request a refund from the Impact Fee Manager in the manner set forth in Art. 13.A.10.B, Procedure to Obtain Refund of this Section. [Ord. 2005-047] [Ord. 2022-026]

B.   Procedure to Obtain Refund

1.   Submission of Application

An application for refund shall be submitted to the Impact Fee Manager on a form provided by the Impact Fee Manager. [Ord. 2022-026]

2.   Contents of Application

The application shall be in a form established by the Impact Fee Manager and made available to the public, and shall contain the following:

a.   Receipt

A copy of the dated receipt issued for payment of the impact fee;

b.   Permit

If the refund is requested due to non-commencement of construction, and the permit was issued by PBC, the Building Permit or other permit for which the impact fees were paid;

c.   Evidence

If the refund is requested due to non-commencement of construction, evidence that the Applicant is the feepayer or a successor in interest to the feepayer;

d.   Documents

If the refund is requested, a notarized sworn statement that the Applicant is the current owner of the land for which the impact fee was paid, a certified copy of the current deed, and a copy of the most recent ad valorem tax bill; if refund is requested due to computational or clerical error, evidence sufficient to demonstrate overpayment including but not limited to receipt indicating payment, Building Permit application, Impact Fee Tables in effect at the time of payment, and such other evidence deemed appropriate by the Impact Fee Manager; [Ord. 2005-047] [Ord. 2014-025] [Ord. 2022-026]

e.   Cancellation of Permit

If relevant, proof from the municipality that the permit has been canceled, and a copy of the permit issued by the municipality; and, [Ord. 2008-015]

f.    Date Fund Forwarded

If relevant, the date on which the municipality forwarded the funds to PBC.

3.   Determination of Sufficiency

The Impact Fee Manager determines if the application is sufficient within five working days. [Ord. 2022-026]

a.   Sufficiency

If the Impact Fee Manager determines the application is not sufficient, a written notice shall be mailed to the Applicant specifying the deficiencies. No further action shall be taken on the application until the deficiencies are remedied. [Ord. 2022-026]

b.   Notification

If the application is determined sufficient, the Impact Fee Manager shall notify the Applicant, in writing, of the application's sufficiency and that the application is ready for review pursuant to the procedures and standards of this Article. [Ord. 2022-026]

4.   Action by Impact Fee Manager

Within 45 working days after the application is determined sufficient, the Impact Fee Manager shall review and approve or deny the application based upon the standards in Art. 13.A.10, Refunds. The decision of the Impact Fee Manager may be appealed pursuant to Art. 13.A.6.G, Appeal. [Ord. 2008-015] [Ord. 2022-026]

Section 11       Credits

A.   General

Credit against impact fees shall be given to the feepayer, or if the property has been conveyed after payment of the fee, the successor in interest to the property for the following, as limited or permitted by specific provisions of this Section. [Ord. 2014-025]

1.   Submission of Application

All applications for credit must be approved by the Impact Fee Manager. An application for credit shall be on a form provided by the Impact Fee Manager. In the event that the feepayer wishes to obtain Building Permits prior to the Impact Fee Manager’s final approval, the feepayer may submit an application and deposit impact fees as set forth in the impact fee schedule into an escrow account, pursuant to an escrow agreement in a form provided for by the County. A final decision of the Impact Fee Manager may be appealed pursuant to Art. 13.A.6.G, Appeal. [Ord. 2022-026]

2.   Redevelopment of Existing Building/Change in Land Use

a.   Determination

Where alteration, expansion, or replacement of a building or unit, or a change in land use which involves any increase in the number of units or square footage, or a change in use resulting in new impacts on a capital facility for which the impact fee is assessed, existing use credit shall be given for the number of existing units or square footage based upon the previous land use and applied against impact fees otherwise due. The burden of verifying the previous land use and units or square footage as applicable shall be on the feepayer.

b.   Certification

The feepayer shall provide to the Local Government issuing the Building Permit a certification of an architect, engineer, surveyor, contractor, or the building official having jurisdiction, setting forth the square footage of the existing building. In the case of an addition to an existing residential building, the feepayer, at the feepayer's sole option, may pay the impact fee for the addition as if it alone were a new building rather than provide the certification setting forth the square footage of an existing building.

c.   Abandoned Use

A use of a structure or land which has been abandoned shall be considered existing for the purposes of calculating existing use credit pursuant to this Section. The burden of verifying the previous land use and units or square footage as applicable shall be on the feepayer.

3.   Special District Assessments

Where, upon prior approval by PBC, the same new capital facility is provided by a special district rather than PBC and the feepayer is assessed for the new capital facility, the County shall by interlocal agreement with the special district, apply the impact fees collected from the benefited property to retire debt issued by the district to finance the capital facility.

4.   In-Kind Contributions

In-kind contributions made by a development to PBC shall be credited against the development's impact fees, but only to the impact fee component for which the in-kind contribution is made. For example, credits received for a park contribution may be applied only against Park Impact Fees and not against Fire-Rescue Impact Fees. Civic site dedications accepted by the County shall be eligible for a Public Buildings Impact Fee credit in the event a particular use is not identified by the County at DRO certification. No credit shall be given for in-kind contributions that are not new capital facilities or which were not made for capital facility costs. [Ord. 2008-015] [Ord. 2022-026]

a.   Time for Giving of Credit

Credit shall be given for land at such time as marketable title in fee simple absolute is conveyed to the County, free of encumbrances with such documentation and requirements set by the BCC or the County Administrator for the acceptance of real property. Credit shall be given for personal property at such time as a bill of sale absolute and, where applicable, title for such property is delivered to PBC. Credit shall be given at such time as the funds are delivered to PBC. In the case of in-kind road facility contribution, credit will be given when the construction is completed and accepted by PBC. Credit against Road Impact Fees may be given before completion of the specified roadway construction if the feepayer posts security in form and amount acceptable to the County Engineer. In no event shall the amount of credit given exceed the actual cost of the construction determined by the County Engineer and the Impact Fee Manager to be eligible for Road Impact Fee credit. [Ord. 2005-047] [Ord. 2014-025] [Ord. 2022-026]

b.   In-Kind Contributions Made after October 1, 1989, Except Road Facility Contributions

The standards of this Section shall apply to the valuation of any in-kind contribution made after October 1, 1989, except as provided elsewhere in this Article.

c.   Valuation of In-Kind Road Facility Contribution

If the value of the in-kind contribution increase (as evidenced by an increase in Road Impact Fee rates) between the time of the in-kind contribution and the time of the issuance of a Building Permit, the developer may apply for additional credit by submitting an independent calculation to the Impact Fee Manager, for review by the PBC Engineering Department. Such application must be made within six months of the effective date of a Road Impact Fee increase, or this right shall be waived. The independent calculation must be prepared by a State-Registered Engineer or a professional in impact analysis and must demonstrate that the current cost of reproducing the road construction has increased and therefore the value of the in-kind contribution has correspondingly increased. Any additional credit shall not exceed the percentage of increase of the Road Impact Fee. [Ord. 2022-026]

5.   Credits for Contributions to Local Governments Other Than PBC

Contributions of or for new capital facilities to a Local Government other than PBC or by a special district may be given only upon an application to the Impact Fee Manager. Approval of the Impact Fee Manager must be obtained prior to the contribution. The Impact Fee Manager, after consultation with the agency charged with supervising the provision of the new capital facility, shall determine whether the contribution shall receive a credit based on the following standards. [Ord. 2005-047] [Ord. 2022-026]

a.   Consistency

Consistency with the Plan as to the cost, location, and size of the facility and its timing.

b.   Amount

The amount that would be spent by PBC if it were to construct the same new capital facility.

c.   Extent

The extent to which the new capital facility provides the same or similar functions as the new capital facility for which the credit is sought.

d.   Continuity

The extent of control that PBC has in ensuring that the new capital facility will continue to provide the same or similar functions.

e.   Availability

Whether the new capital facility is open or available to all persons regardless of residency.

f.    Plans

The short and intermediate-range plans of the agency which would receive the impact fee funds regarding the timing, location, cost, and size of the new capital facility.

g.   Impact

The impact of encouraging new development in the area that would be served by the new capital facility or the ability of the Local Government or special district to provide other needed infrastructure and services.

h.   Pattern

The pattern of development and its relationship to other development, infrastructure, and resources that could result from encouraging new development.

i.    Budget

The budget of PBC and other Local Governments, and the allocation of revenues within those Local Governments.

6.   Special Provisions for Park Credits

No credit shall be given for park contributions or dedications required by Art. 5.D.2.B, Community and Neighborhood Park Recreation Standards. No such contribution or dedication shall be used for County District, Regional, or Beach Parks. Contributions for County parks resulting from Art. 2.F, Concurrency (Adequate Public Facility Standards), shall be credited as provided above. In-kind contributions of capital facilities which are not County District, Regional, or Beach Parks, if accepted by the County, shall be provided partial credit as follows: [Ord. 2005-047]

a.   40 to 60 Acres

75 percent of the value at the time of conveyance, dedication, construction, placement, delivery, or remittance shall be credited in accordance with the other provisions of this Section for contributions for or of County parks less than 60 acres but equal to or more than 40 acres;

b.   20 to 40 Acres

50 percent of the value at the time of conveyance, dedication, construction, placement, delivery, or remittance shall be credited in accordance with the other provisions of this Section for contributions for or of County parks less than 40 acres but equal to or more than 20 acres;

c.   20 Acres or Less

25 percent of the value at the time of conveyance, dedication, construction, placement, delivery, or remittance shall be credited in accordance with the other provisions of this Section for contributions for or of County parks less than 20 acres.

7.   Special Provisions for School Credits

a.   General

Dedications of land for use as school may, if accepted by the School Board, be credited against School Impact Fees. The School Board or the Superintendent shall have responsibility for evaluating, according to the standards contained herein, a proposed dedication under this Subsection. An application for a dedication credit shall be in a form prescribed by PBC, and shall contain such information as to guide the School Board and Superintendent in reviewing the application for consistency with these standards. If any credit against any School Impact Fees is given, the dedication shall be credited in an amount equal to its full fair market value at the time of dedication, and shall not exceed the full dedication cost. The proposed dedication shall comply with, and be reviewed considering, the following standards.

1)   Location

The proposed dedication shall be located so as to provide the greatest access to students. If a single development will not generate sufficient students to fill a school, it should be located so as to be easily accessible to students from neighboring areas.

2)   Distance

The proposed dedication shall create an appropriate distance between existing or planned schools: one mile for elementary schools, two miles for middle schools, and three miles for high schools.

3)   Hazards

The proposed dedication and surrounding areas shall be free from health or safety hazards and shall be protected against noise, air pollution, and/or odors.

4)   Access

The proposed dedication shall be accessible from two different streets, with one street preferably a Collector Street. This standard shall be waived for elementary or middle schools if access is available on one street from two directions. Dedications should not be located on Arterial Roads; however, if such dedications are proposed, they may be considered if provision is made for the construction of overpasses or pedestrian lights. The construction of median cuts, left-turn lanes, and storage lanes shall be practicable to facilitate access to the proposed dedication by buses and automobiles.

5)   Safe Transit

The proposed dedication shall be located so as to facilitate safe transit to neighboring areas by sidewalks, walkways, and/or bike paths.

6)   Services

The proposed dedication shall be evaluated for the availability of central water and sewer, electricity and phone services, and for its proximity to fire hydrants.

7)   Entrances

All proposed dedications shall allow at least two separate entrances for school buses and staff; high school dedications shall also provide separate entrances for students and parent drop-off. All dedications shall allow for adequate parking for buses; elementary and middle school dedications shall allow for parking for 120 staff automobiles, high school dedications shall allow for 225 staff and 425 student parking spaces.

8)   Minimum Size/Dimensions

In addition to providing sufficient area to accommodate on-site retention of stormwater, proposed school dedications shall be of the following minimum sizes and shall have the following minimum dimensions: elementary schools shall have a minimum site size of 15 acres, with a minimum 780 feet of frontage and 840 feet of depth; middle schools shall have a minimum site size of 25 acres, with a minimum frontage of 800 feet and a depth of 1,360 feet; high schools shall have a minimum site size of 50 acres, with a minimum frontage of 1,200 feet and a depth of 1,800 feet.

9)   Bus Stops

When the school dedication is located within a residential development, provision of a circulation system or turnaround area with a 90-foot diameter shall be available so that buses need not back up to leave the development. Bus stop locations, preferably located adjacent to a public area such as a park, shall be provided so that buses do not have to enter the development.

10) Consistency

The dedication shall be examined for consistency of the proposed use with applicable comprehensive plans, land development regulations, and concurrency provisions.

b.   Consideration and Acceptance by the School Board

All applications for a school credit shall be reviewed and a response issued by the Superintendent or the School Board within 60 working days of the submission of the application. If the request is approved, the Superintendent shall notify the Impact Fee Manager, and if other than PBC, the Local Government issuing the Development Permit. The Impact Fee Manager shall determine the value of the credit. No credit shall be given until the dedication is conveyed to the School Board in accordance with this Section. [Ord. 2005-047] [Ord. 2022-026]

c.   Conveyance to the School Board

To convey dedications to the School Board, the feepayer shall provide, at no cost to the School Board and in a form approved by the School Board's attorney, the following documents.

1)   Abstract of Title

A complete and current abstract of title together with a title insurance commitment to insure the property in a sum agreed to by the School Board, such to be delivered to the School Board;

2)   Warranty Deed

A warranty deed, along with sufficient funds to record the deed, to be delivered to the School Board or the title insurance agent.

3)   Taxes

Evidence that taxes for the current year have been placed in escrow pursuant to F.S. § 196.295, as amended, or that the taxes have been paid.

4)   Insurance

A completed title insurance policy issued subsequent to the recording of the deed and the escrow of taxes.

d.   Return of School Dedication

In the event that a dedication accepted by the School Board is not utilized within ten years of its conveyance, the grantor may request that the dedication be reconveyed by the School Board to the grantor, in which case the School Board shall reconvey the dedication.

8.   Special Provisions for Road Credits

a.   General

The feepayer may elect to propose construction of a portion of the major road network system in addition to any required site-related improvements. The feepayer shall submit the proposed construction along with a certified Engineer's cost estimate to the Impact Fee Manager, with a copy to the County Engineer. The County Engineer shall determine if the proposed construction is eligible for Road Impact Fee credit, based on the following criteria: [Ord. 2022-026]

1)   The proposed road construction must be on the major road network;

2)   The proposed road construction must not be site-related improvements;

3)   The proposed road construction must be required to meet the requirements of TPS for the development as defined in Art. 12, Traffic Performance Standards.

 

Exceptions to criterion 3) above may only be made upon approval of the BCC. No exceptions shall be made to criteria 1) and 2). If the proposed road construction meets the criteria for credit, the County Engineer shall determine the amount of credit to be given, and the timetable for completion of the proposed construction, and shall recommend the approval and the amount of credit to the Impact Fee Manager. [Ord. 2022-026]

b.   Credits for Construction within Site

Where a proposed major road network runs through a development and where the feepayer is required to construct two lanes of the road, the feepayer may elect, upon submission of a certified cost estimate to the Impact Fee Manager and upon the recommendation of the County Engineer and the approval of the Impact Fee Manager, to construct more than two lanes and receive credit for the additional cost of the additional lanes constructed. In addition to all other site-related improvements, the primary two lanes within the site's boundaries shall be considered site-related. [Ord. 2022-026]

c.   Other Costs Credited

1)   Off-Site Right-of-Way Acquisition

The cost of major road network rights-of-way acquired at the cost of the feepayer shall be credited where the right-of-way is outside of the site, and not site-related. The costs shall be approved by the County Engineer and the Impact Fee Manager based upon the appraised value of the land acquired. The credit shall not exceed the appraiser's approved value, except in the event that a settlement of, or in lieu of, condemnation results in payment in excess of the appraiser's value, in which case credit shall not exceed the amount paid. Cost incurred by PBC in acquiring such off-site rights-of-way which are paid for by the feepayer shall be credited to the feepayer. [Ord. 2022-026]

2)   Plan Preparation

Costs of plan preparation for major road network construction shall be credited if approved by the County Engineer and the Impact Fee Manager based upon reasonable costs associated with the preparation of such plans. [Ord. 2022-026]

3)   Costs Creditable

Credit shall be given only for the cost of plans preparation, off-site R-O-W acquisition, and/or construction.

9.   Application of Credits

The credit shall be applied to the respective full impact fee associated with the first Building Permits issued for the development for which complete application was made on or after October 1, 1989, or if the credit is for roads, the date upon which the Road Impact Fee was effective within the development, until the credit is exhausted. After such exhaustion the remainder of the impact fee for which a credit was obtained shall be paid in full. The credit shall be calculated and applied in dollar amounts and not in number of permits. No credit may be assigned, delegated, or otherwise conveyed to any development outside the boundaries of the development that originally received the credit. [Ord. 2014-025]

10. Special Allocation of Credits

Provided that the conditions of this Subsection are satisfied, the feepayer making an in-kind contribution, or its heirs, assigns, or successors in interest, may have all or some portion of the resulting credit allocated to specific parcels within the development that originally received the credit. [Ord. 2014-025]

a.   Past Administrative Practices to Continue

Notwithstanding any other provisions of this Subsection, if fair share contributions have been prorated or assigned to a portion of a development through past practices, no application for a special allocation need be made, provided that a covenant is executed in accordance with Art. 13.A.11.A.10.e, Covenant, below.

b.   Application for a Special Allocation

Unless expressly prohibited by a Development Order, any feepayer who makes an in-kind contribution may petition the BCC for a special allocation of the respective impact fee credit by filing an application with the Impact Fee Manager. Only one special allocation shall be made for each in-kind contribution made by the feepayer. [Ord. 2005-047] [Ord. 2022-026]

1)   Parcels Identified

The application shall state the purpose for which the special allocation is desired and shall clearly identify by legal description the specific parcel or parcels of land within the development to which the credit is allocated; and

2)   Notice Requirements

a)   Mailing

Prior to scheduling the application for a special allocation for consideration by the BCC, the Applicant shall, at its own cost, provide appropriate courtesy notice to all owners of record of any undeveloped land within the affected development. The courtesy notice shall be by certified mail, return receipt requested, to the person whose name appears in the last approved ad valorem tax records of the PBC Property Appraiser's Office. The notice shall briefly state the nature of the special allocation application and request the recipient to submit, to the Impact Fee Manager within no more than 15 days of receipt, any relevant information the recipient may have bearing on the Applicant's right to a special allocation. [Ord. 2022-026]

b)   Advertisement

In addition, the Applicant at its own cost shall place a notice of the proposed special allocation in a newspaper of general circulation within PBC. Such notice shall appear no later than ten days prior to a final decision by the BCC to grant or deny the application. The costs of advertisement shall be borne by the Applicant.

c.   Approval Process

The BCC shall approve the application for a special allocation provided that.

1)   No Bona Fide Claim Presented

No substantial, competent evidence is presented by a third party that would constitute prima facie evidence of a bona fide claim to any portion of the impact fee credit assigned to the affected development.

d.   Application Fee Provided

The BCC may establish a reasonable fee for processing of applications for special allocations. Any such fee duly established by the BCC shall be paid at the time the application for a special allocation is submitted.

e.   Covenant

The Applicant shall execute a covenant supported by separate consideration from PBC. This covenant shall provide that the Applicant, its heirs, assigns, and successors in interest shall indemnify, hold harmless, and defend PBC against any and all claims for credits not received by other owners or developers of undeveloped land within the planned development. A joinder and consent of the mortgagee of the land benefited by the special allocation, if any, supported by separate consideration shall also be executed in recordable form acceptable to the County Attorney. The Impact Fee Manager shall, at the sole expense of the Applicant, record the instruments in the Official Records of the Clerk of the Circuit Court in and for PBC. [Ord. 2022-026]

B.   Appeal

The decision of the Impact Fee Manager may be appealed pursuant to Art. 13.A.6.G, Appeal. [Ord. 2022-026]

C.   Time to Claim Credit – Responsibility of Feepayer

Any claim for credit as established in this Section, must be made by submitting an application for credit, or, if necessary, executing an escrow agreement with the County no later than at the time of Building Permit issuance. Any claim not so made shall be deemed waived.

Section 12       Covenants

Where necessary to ensure compliance with the provisions of this Article, the Impact Fee Manager shall require that a covenant be executed by the feepayer holding the fee simple interest in the land, and mortgagee as appropriate. The covenant shall recite this Article and the facts and reasons underlying its execution. It shall set forth restrictions on the land and the terms and conditions under which it may be released. [Ord. 2022-026]

Section 13       Vesting

Only the existence of a Building Permit that has not been rendered invalid and voidable shall vest a feepayer against any changes in the amount of impact fees exacted. No vesting against changes in the amount of impact fees shall result from the issuance of any Development Order, other than as set forth in this Subsection.

Section 14       Action if Impact Fees are Unpaid

A.   Negotiable Instrument is Invalid

In the event impact fee funds which were paid by check, draft, or other negotiable instrument do not clear, the Building Permit or Development Order authorizing the development for which impact fees were paid shall be suspended. The Local Government which issued the Building Permit or Development Order shall send by certified mail notice to the Applicant using a form provided by the County. If the impact fees, together with any charges for the checks not clearing, are not paid within ten working days following mailing of the notice, the Building Permit or Development Order shall be of no further force and effect for purposes of this Code and a stop work order shall be issued and not lifted until such time as the fair share fees are paid.

B.   Lien

If through error, omission, or intent, impact fees are not paid in full, PBC may file a lien against the land containing the development for which the impact fees are due in an amount equal to the amount unpaid, together with Statutory interest accruing from 30-calendar days following the date written notice by certified mail, return receipt requested, is sent to the developer, permittee, or the then-present Property Owner. Notice of the lien shall be recorded in the Official Records of the Clerk of the Circuit Court for PBC. The lien shall have priority over all liens, mortgages, and encumbrances, except taxes. No lien shall be recorded later than three years following the date on which the Building Permit is issued for the development against which impact fees are due, although the debt shall remain. If the lien remains unpaid for more than 30-calendar days following the recording of the notice, it may be foreclosed in the manner provided by State law for the foreclosure of mortgages on real property. [Ord. 2005-047]

C.   Withholding Development Orders

In the event that any impact fee is unpaid, no further Development Order shall be issued for the land for which the impact fees remain unpaid, and no Development Order shall be issued until any previously owed impact fees, together with day interest owing, along with any current impact fees, are paid.

D.   Notification of Construction Industry Licensing Board

In the event that any Building Permittee who is a contractor certified by the PBC Construction Industry Licensing Board fails to pay an impact fee for which the permittee is responsible, the County Attorney shall file a verified written complaint with the PBC Construction Industry Licensing Board recommending disciplinary action as is provided by F.S. ch. 489, as amended. The verified complaint shall contain a summary of the fees owed and the efforts made by PBC to collect the impact fees.

CHAPTER B     COUNTY DISTRICT, REGIONAL, AND BEACH PARKS IMPACT FEES

Section 1         Imposition of Fee

Impact fees are imposed upon all land uses creating an impact on County District, Regional, and Beach Parks in accordance with Art. 13.A.4, Imposition of Fee, and this Chapter. [Ord. 2005-047]

Section 2         Schedule of Lower Fees for Municipalities

Special provisions establishing a schedule of lower fees for municipalities providing like capital facilities are set forth in this Section pursuant to Article I, the PBC Charter. For purposes of this Section, “like capital facilities” is broadly construed so as to include partial “credits” for municipal parks which are not district, regional, or beach parks but which perform a similar function. Municipal schedules are based upon a sliding scale depending on the size and function of the municipal park facilities and the extent of access to beaches based upon the shoreline management plan standards.

Section 3         Fee Schedule

The fee schedule for County District, Regional, and Beach Parks is established beginning in Table 13.B.3, Parks and Recreation Fee Schedule for Unincorporated PBC. To ensure that the impact fee does not exceed the cost to provide capital facilities to accommodate new development, the impact fees in the fee schedule are established at no more than 95 percent of the cost to accommodate the impact.

 

The schedules are as follows: