(a)

This division shall be known and may be cited as the Brevard County Fire/Rescue Facilities Impact Fee Ordinance.

(b)

The board of county commissioners has the authority to adopt this division pursuant to Fla. Const. art. VIII and F.S. chs. 125 and 163.

(c)

This division shall apply to the unincorporated area of the county and to the incorporated areas of the county to the extent permitted by Fla. Const. art. VIII, § 1(f).

(Code 1979, § 14-151; Ord. No. 01-021, § 2, 4-4-01)

(a)

This division is intended to implement and be consistent with the county comprehensive plan.

(b)

The purpose of this division is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of the capital expenditures necessary to provide fire/rescue facilities in the county as contemplated by the board of county commissioners.

(Code 1979, § 14-152; Ord. No. 01-021, § 3, 4-4-01)

The board of county commissioners makes the following findings and determinations:

(1)

The existing fire/rescue system is not sufficient to accommodate anticipated new development without decreasing the levels of service.

(2)

The fire/rescue facilities level of services standards for the county is determined to be one fire/rescue station per 10,000 people.

(3)

Existing revenue sources are not sufficient to fund capital improvements necessary to accommodate new development.

(4)

New development should contribute its fair share of the costs of providing new facilities necessary to accommodate the new development.

(5)

Impact fees provide a reasonable method of regulating new development in the county to ensure that such new development pays its fair share of the capital costs of governmental services and facilities necessary to accommodate the new development.

(6)

The impact fees set forth in this division are not established at a rate to correct existing deficiencies.

(7)

The impact fees set forth in this division establish a fair and conservative method of assessing new development its fair share costs.

(8)

The impact fees will not fully pay for the costs of fire/rescue capital improvements necessitated by new development, and the county recognizes that the shortfall will have to come from other revenue sources.

(9)

The impact fee districts established in this division ensure that capital improvements to the fire/rescue system will benefit the development located within the district.

(Code 1979, § 14-153; Ord. No. 01-021, § 4, 4-4-01)

(a)

The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

(b)

For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply to the text of this division:

(1)

In case of any difference of meaning or implication between the text of this division and any caption, illustration, summary table or illustrative table, the text shall control.

(2)

The term "shall" is always mandatory and not discretionary; the term "may" is permissive.

(3)

Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(4)

The term "used for" includes the term "arranged for," "designed for," "maintained for" or "occupied for."

(5)

The term "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(6)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected terms, conditions, provisions or events shall apply.

b.

The term "or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

c.

The term "either … or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.

(7)

The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(8)

The term "county manager" means the county manager or the county officials he or she may designate to carry out the administration of this division.

(9)

The land use types listed in section 62-729 shall have the same meaning as under article VI of this chapter.

(Code 1979, § 14-154; Ord. No. 01-021, § 5, 4-4-01)

As used in this division, the following words shall have the following meanings, unless some other meaning is plainly intended:

Basic employment means that such jobs are substantially associated with the production of goods and/or the provision of services that are exported to consumers outside of the county, and as a result, derive revenues that support the local economy from outside the county.

Capital improvement includes fire/rescue facilities planning, fire/rescue impact fee consultant studies, land acquisition, site improvements, buildings, vehicles and equipment, but excludes maintenance and operation.

Commercial land use means those structures and facilities used by institutional and/or business enterprises that are engaged in the provision of goods and/or services to domestic and wholesale consumers whether for profit or not, such as the wholesale trade of both durable and nondurable goods; retail trade; finance, insurance and real estate services; business and personal services such as accounting, advertising and other business services, lodging, repair services, amusement and recreation services, legal services, medical services, educational services and other similar services; social services for individuals and families, including those providing residential care for children, the aged, the destitute and the physically, mentally and/or emotionally challenged; and membership organizations such as business and professional associations, civic, social and fraternal organizations and religious organizations. Commercial includes those institutional and/or business enterprises described in the Standard North American Industry Classification System, 1997 edition, under Sector 11. Agriculture, Forestry, Fishing and Hunting; Sector 42. Wholesale Trade; Sector 44-45. Retail Trade; Sector 52. Finance and Insurance; Sector 53. Real Estate and Rental and Leasing; Sector 54. Professional, Scientific, and Technical Services; Sector 55. Management of Companies and Enterprises; Subsector 561. Administrative and Support Services; Sector 61. Educational Services; Sector 62. Health Care and Social Assistance; Sector 71. Arts, Entertainment, and Recreation; Sector 72. Accommodation and Food Services; and Sector 81. Other Services (except for Public Administration) excluding Subsector 814 Private Households.

Developer means any person who, after the effective date of Ordinance No. 99-31, seeks to develop land for future construction by: applying for a change in land use, residential density, or zoning; applying for approval of any site plan or subdivision plat; applying for development approval subject to the requirements of F.S. § 380.06; and/or applying for a land alteration permit, building permit, or certificate of occupancy.

Feepayer means a person commencing a land development activity by applying for a building permit.

Industrial land use means those structures and facilities used by business enterprises engaged in mining, manufacturing, warehousing or the provision of industrial services. Industrial includes those business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 21. Mining; Sector 22. Utilities; Sector 23. Construction; Sector 31-33. Manufacturing; Sector. 48-49. Transportation and Warehousing; and Subsector 562. Waste Management and Remediation Services.

Manufacturing means industrial operations that are engaged in the mechanical or chemical transformation of materials or substances into new products, characteristically using power driven machines and materials handling equipment. Manufacturing also means operations engaged in assembling component parts of manufactured products, if the new product is neither a structure nor other fixed improvement. Also included is the blending of material, such as lubricating oils, plastics, resins or liquors. A new product may be finished as in ready for utilization or consumption, or it may be semifinished to become a raw material for use in further manufacturing activities. Manufacturing products are not for direct sale to the domestic consumer.

Residential means a structure or structures solely dedicated to the housing of a person or persons to live, cook and/or sleep within on a permanent basis, as either owner, renter or lessee provided, however, that adult congregate living facilities, retirement homes, nursing homes and other structures operated by a social service organization to provide residential care to children, the aged, the destitute and the physically, mentally and/or emotionally challenged shall be considered to be commercial land uses as defined herein.

(Code 1979, § 14-155; Ord. No. 95-22, § 1, 5-22-95; Ord. No. 99-31, § 1, 5-4-99; Ord. No. 01-021, § 6, 4-4-01; Ord. No. 01-41, § 1, 8-28-01; Ord. No. 01-68, § 1, 10-30-01)

Cross reference— Definitions generally, § 1-2.

A violation of this division shall be an offense punishable according to law; however, in addition to or in lieu of any criminal prosecution, the county or any feepayer shall have the power to sue in civil court to enforce the provisions of this division.

(Code 1979, § 14-165)

State Law reference— Penalty for ordinance violations, F.S. § 125.69.

If any section, phrase, sentence or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this division.

(Code 1979, § 14-166)

(a)

Any person who, after the effective date of the ordinance from which this division is derived, seeks to develop land by applying for a building permit shall be assessed an fire/rescue facilities impact fee and shall be required to pay the fire/rescue facilities impact fee in the manner and amount set forth in this division.

(b)

No building permit for any activity requiring payment of an impact fee pursuant to section 62-729 shall be issued unless and until the fire/rescue facilities impact fee required by this section has been assessed and a notice of assessment has been signed by the person applying for the issuance of the building permit. Payment of the fire/rescue facilities impact fee shall be as specified in section 62-730.

(Code 1979, § 14-156; Ord. No. 01-021, § 7, 4-4-01)

(a)

At the option of the feepayer, the amount of the fee imposed by this division may be determined by the following fee schedule:

SCHEDULE OF FIRE/RESCUE
FACILITIES IMPACT FEES

If the type of development activity for which a building permit is applied for is not specified on the fee schedule set out in this subsection, the county manager shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. In the case of the conversion of a residential use to a non-residential use, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use.

(b)

If a feepayer opts not to have the impact fees determined according to subsection (a) of this section, then the feepayer shall prepare and submit to the county manager an independent fee calculation study for the land development activity for which a building permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats for such a study established by the county manager.

(Code 1979, § 14-157; Ord. No. 95-22, § 2, 5-22-95; Ord. No. 01-021, § 8, 4-4-01; Ord. No. 01-41, § 2, 8-28-01; Ord. No. 01-68, § 2, 10-30-01; Ord. No. 03-51, § 1, 12-16-03)

(a)

The person applying for the issuance of a building permit shall pay the fee assessed pursuant this division to the county manager prior to the issuance of a certificate of occupancy. No certificate of occupancy shall be issued until all assessed impact fees are paid. The obligation to pay the fee shall run with the land.

(b)

All funds collected shall be properly identified by fire/rescue facilities impact fee district and promptly transferred for deposit in the appropriate fire/rescue facilities impact fee trust fund, to be held in separate accounts as determined in section 62-732 and used solely for the purposes specified in this division.

(c)

In lieu of all or part of the fire/rescue impact fees, the board of county commissioners may accept the offer by a feepayer to donate land or construct all or part of an fire/rescue capital improvement project shown in the county comprehensive plan or appropriate to the implementation thereof. This offer shall not include the construction of any site-related improvements. Such construction must be in accordance with county, municipal or state design standards, whichever are applicable. The feepayer shall submit a project description in sufficient detail, including competitive bids if so requested, to allow the county manager to establish an engineering and construction cost estimate. The county manager shall credit this estimated cost or the actual cost of this construction, whichever is lower, against the fire/rescue impact fee otherwise due. The offer shall not constitute payment of the fire/rescue impact fee unless and until it is accepted by the board of county commissioners and the feepayer has dedicated or conveyed any and all land pursuant to the offer as accepted and has posted security, as provided in this subsection, for the construction of any and all other capital improvements pursuant to the offer as accepted. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with the board of county commissioners in an amount approved by the board equal to 110 percent of the full cost of such construction. If the fire/rescue construction project will not be constructed within one year of the acceptance of the offer by the board of county commissioners, the amount of the security shall be increased by ten percent compounded for each year or fraction thereof of the life of the security. The security shall be reviewed and approved by the county attorney's office prior to acceptance of the security by the board.

(Code 1979, § 14-158; Ord. No. 01-021, § 9, 4-4-01)

There are hereby established two fire/rescue facilities impact fee districts as shown in appendix I attached to Ordinance No. 01-, which is incorporated in this division by reference.

(Code 1979, § 14-159; Ord. No. 01-021, § 10, 4-4-01)

(a)

There are hereby established separate fire/rescue facilities impact fee trust funds, one for each fire/rescue facilities impact fee district established by section 62-731.

(b)

Funds withdrawn from this account must be used in accordance with the provisions of section 62-733.

(Code 1979, § 14-160; Ord. No. 01-021, § 11, 4-4-01)

(a)

The collecting and administering governmental units shall be entitled to up to but not more than eight percent of the funds collected under this division to compensate them for the administrative expense of collecting the fee and administering this division. All remaining funds collected from fire/rescue facilities impact fees shall be used for the purpose of capital improvements to fire/rescue facilities under the jurisdiction of the county or the state, or community and regional fire/rescue facilities under the jurisdiction of the county, and not for maintenance or operations. Such acquisitions and improvements shall be the type as are made necessary by new growth and development in the county.

(b)

Funds shall be used exclusively for capital improvements within the fire/rescue facilities impact fee district, as identified in appendix I of Ordinance No. 01-021, from which the funds were collected. Funds shall be expended in the order in which they are collected.

(c)

Each fiscal period, the county manager shall present to the board of county commissioners a proposed capital improvement program for fire/rescue facilities, assigning funds, including any accrued interest, from the several fire/rescue facilities impact fee trust funds to specific fire/rescue facilities improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same fire/rescue facilities impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this division.

(d)

In lieu of providing impact fee credits pursuant to subsection 62-730(c), when a developer constructs or donates emergency services capital improvements as defined in section 62-725 but excluding emergency services facilities planning and emergency services impact fee consultant studies and said capital improvement(s) is either accepted or required by the county under an applicable development order or ordinance, the board of county commissioners upon request, shall provide reimbursement from the appropriate emergency services trust fund to the developer as the applicable impact fees generated by the project for which the donation was made are collected. The amount of reimbursement shall not exceed the reasonable market value of the emergency services capital improvements and the developer shall provide such documentation as requested by the county to ascertain the amount of reimbursement to which the developer is entitled. Such reimbursement agreements between the county and developer shall be assignable by the developer. Nothing in this section shall be construed to relieve any person from the responsibility of paying any required impact fee at the time or upon the occurrence of any event specified in a development order or by applicable ordinance.

(Code 1979, § 14-161; Ord. No. 99-31, § 2, 5-4-99; Ord. No. 01-021, § 12, 4-4-01)

(a)

If a building permit expires, then the feepayer, or his heirs, successors or assigns, shall be entitled to a refund of the fire/rescue facilities impact fee paid as a condition for its issuance, except that the county shall retain five percent of the fee to offset the costs of refunding.

(b)

Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the fire/rescue facilities impact fee payment was received shall, upon application of the current owner, within 180 days of expiration of the six-year period, be returned to the current owner with interest at the rate of six percent per annum.

(Code 1979, § 14-162; Ord. No. 01-021, § 13, 4-4-01)

(a)

Exemptions. The following shall be exempted from payment of the fire/rescue facilities impact fee:

(1)

Alteration or expansion of an existing building where no additional units are created and where the use is not changed.

(2)

The construction of accessory buildings or structures where no additional units are created.

(3)

The new replacement of a residential land use with a new unit of the same type and use.

(4)

The replacement of a nonresidential building or structure with a new building or structure of the same size and use.

(5)

The construction of publicly owned government buildings which are utilized in their entirety for public purposes.

(6)

All industrial land uses as defined herein and described in the Standard Industrial Classification manual, 1987 Edition, under Division B - Mining; Division C - Construction; Division D - Manufacturing; and Division E - Transportation, Communications, Electric, Gas and Sanitary Services provided, however, that when such uses are conducted in a structure also used as a private residence there shall be no exemption from any residential impact fee that otherwise may be due.

(7)

Changes in the use of an existing non-residential building or structure provided there is no expansion of the existing building or structure.

An exemption must be claimed by the feepayer at the time of the issuance of a building permit or mobile home permit. Any exemption not so claimed shall be deemed to be waived by the feepayer.

(b)

Credits. No credit shall be given for site-related improvements.

(Code 1979, § 14-163; Ord. No. 95-22, § 3, 5-22-95; Ord. No. 01-021, § 14, 4-4-01; Ord. No. 03-51, § 2, 12-16-03)

The fee schedule contained in section 62-729 shall be reviewed by the board of county commissioners at least once each fiscal biennium.

(Code 1979, § 14-164)

The board of county commissioners shall hear appeals relating to the grant or denial of an exemption to an impact fee. In applying for an appeal, the applicant shall provide adequate documentation to confirm the basis for the appeal, including whether the proposed institutional or business enterprise meets the industrial and commercial land use definitions contained herein, when applicable.

(Ord. No. 95-22, § 4, 5-22-95)

(a)

This division shall be known and may be cited as the Brevard County Correctional Facilities Impact Fee Ordinance.

(b)

The board of county commissioners has the authority to adopt this division pursuant to Fla. Const. art. VIII and F.S. chs. 125 and 163.

(c)

This division shall apply to the unincorporated area of the county and to the incorporated areas of the county to the extent permitted by Fla. Const. art. VIII, § 1(f).

(Code 1979, § 14-176)

(a)

This division is intended to implement and be consistent with the county comprehensive plan.

(b)

The purpose of this division is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of the capital expenditures necessary to provide correctional facilities in the county as contemplated by the county comprehensive plan.

(Code 1979, § 14-177)

The board of county commissioners makes the following findings and determinations:

(1)

The existing correctional facilities are not sufficient to accommodate anticipated new development without decreasing the levels of service.

(2)

The correctional facilities standard for the county is determined to be 0.0023 inmate beds per capita population.

(3)

Existing revenue sources are not sufficient to fund capital improvements necessary to accommodate new development.

(4)

New development should contribute its fair share of the costs of providing new facilities necessary to accommodate the new development.

(5)

Impact fees provide a reasonable method of regulating new development in the county to ensure that such new development pays its fair share of the capital costs of governmental services and facilities necessary to accommodate the new development.

(6)

The impact fees set forth in this division are not established at a rate to correct existing deficiencies.

(7)

The impact fees set forth in this division establish a fair and conservative method of assessing new development its fair share costs.

(8)

The impact fees will not fully pay for the costs of correctional facilities capital improvements necessitated by new development, and the county that the shortfall will have to come from other revenue sources.

(9)

The impact fee district established in this division ensures that capital improvements to the correctional facilities will benefit the development located within the district.

(Code 1979, § 14-178; Ord. No. 01-021, § 15, 4-4-01)

(a)

The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

(b)

For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply to the text of this division:

(1)

In case of any difference of meaning or implication between the text of this division and any caption, illustration, summary table or illustrative table, the text shall control.

(2)

The term "shall" is always mandatory and not discretionary; the term "may" is permissive.

(3)

Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(4)

The term "used for" includes the term "arranged for," "designed for," "maintained for" or "occupied for."

(5)

The term "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(6)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected terms, conditions, provisions or events shall apply.

b.

The term "or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

c.

The term "either … or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.

(7)

The word "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(8)

The term "county manager" means the county manager or the county or municipal officials he may designate to carry out the administration of this division.

(9)

The land use types listed in section 62-769 shall have same meaning as under article VI of this chapter.

(Code 1979, § 14-179; Ord. No. 01-021, § 16, 4-4-01)

As used in this division, the following words shall have the following meanings, unless some other meaning is plainly intended:

Basic employment means that such jobs are substantially associated with the production of goods and/or the provision of services that are exported to consumers outside of the county, and as a result, derive revenues that support the local economy from outside the county.

Capital improvement includes corrections facilities planning, correctional facilities impact fee consultant studies, land acquisition, site improvements, buildings and equipment related to correctional facilities, but excludes maintenance and operation.

Commercial land use means those structures and facilities used by institutional and/or business enterprises that are engaged in the provision of goods and/or services to domestic and wholesale consumers whether for profit or not, such as the wholesale trade of both durable and nondurable goods; retail trade; finance, insurance and real estate services; business and personal services such as accounting, advertising and other business services, lodging, repair services, amusement and recreation services, legal services, medical services, educational services and other similar services; social services for individuals and families, including those providing residential care for children, the aged, the destitute and the physically, mentally and/or emotionally challenged; and membership organizations such as business and professional associations, civic, social and fraternal organizations and religious organizations. Commercial includes those institutional and/or business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 11. Agriculture, Forestry, Fishing and Hunting; Sector 42. Wholesale Trade; Sector 44-45. Retail Trade; Sector 52. Finance and Insurance; Sector 53. Real Estate and Rental and Leasing; Sector 54. Professional, Scientific, and Technical Services; Sector 55. Management of Companies and Enterprises; Subsector 561. Administrative and Support Services; Sector 61. Educational Services; Sector 62. Health Care and Social Assistance; Sector 71. Arts, Entertainment, and Recreation; Sector 72. Accommodation and Food Services; and Sector 81. Other Services (except for Public Administration) excluding Subsector 814 Private Households.

Feepayer means a person commencing a land development activity by applying for a building permit.

Industrial land use means those structures and facilities used by business enterprises engaged in mining, manufacturing, warehousing or the provision of industrial services. Industrial includes those business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 21. Mining; Sector 22. Utilities; Sector 23. Construction; Sector 31-33. Manufacturing; Sector. 48-49. Transportation and Warehousing; and Subsector 562. Waste Management and Remediation Services.

Manufacturing means industrial operations that are engaged in the mechanical or chemical transformation of materials or substances into new products, characteristically using power driven machines and materials handling equipment. Manufacturing also means operations engaged in assembling component parts of manufactured products, if the new product is neither a structure nor other fixed improvement. Also included is the blending of material, such as lubricating oils, plastics, resins or liquors. A new product may be finished as in ready for utilization or consumption, or it may be semifinished to become a raw material for use in further manufacturing activities. Manufacturing products are not for direct sale to the domestic consumer.

Residential means a structure or structures solely dedicated to the housing of a person or persons to live, cook and/or sleep within on a permanent basis, as either owner, renter or lessee provided, however, that adult congregate living facilities, retirement homes, nursing homes and other structures operated by a social service organization to provide residential care to children, the aged, the destitute and the physically, mentally and/or emotionally challenged shall be considered to be commercial land uses as defined herein.

(Code 1979, § 14-180; Ord. No. 95-23, § 1, 5-22-95; Ord. No. 01-41, § 3, 8-28-01)

Cross reference— Definitions generally, § 1-2.

A violation of this division shall be an offense punishable according to law; however, in addition to or in lieu of any criminal prosecution, the county or any feepayer shall have the power to sue in civil court to enforce the provisions of this division.

(Code 1979, § 14-190)

State Law reference— Penalty for ordinance violations, F.S. § 125.69.

If any section, phrase, sentence or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this division.

(Code 1979, § 14-191)

(a)

Any person who, after the effective date of the ordinance from which this division is derived, seeks to develop land by applying for a building permit shall be assessed a correctional facilities impact fee and shall be required to pay the correctional facilities impact fee in the manner and amount set forth in this division.

(b)

No building permit for any activity requiring payment of an impact fee pursuant to section 62-769 shall be issued unless and until the correctional facilities impact fee required by this section has been assessed and a notice of assessment signed by the person applying for the issuance of the building permit. Payment of the correctional facilities impact fee shall be as specified in section 62-770.

(Code 1979, § 14-181)

At the option of the feepayer, the amount of the fee imposed by this division may be determined by the following fee schedule:

SCHEDULE OF CORRECTIONAL FACILITIES IMPACT FEES

If the type of development activity for which a building permit is applied for is not specified on the fee schedule set out in this subsection, the county manager shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. In the case of the conversion of a residential use to a non-residential use, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use.

If a feepayer opts not to have the impact fees determined according to subsection (a) of this section, then the feepayer shall prepare and submit to the county manager an independent fee calculation study for the land development activity for which a building permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats for such a study established by the county manager.

(Code 1979, § 14-182; Ord. No. 95-23, § 2, 5-22-95; Ord. No. 01-021, § 17, 4-4-01; Ord. No. 01-41, § 4, 8-28-01; Ord. No. 01-68, § 3, 10-30-01; Ord. No. 03-51, § 3, 12-16-03)

_____

(a)

The person applying for the issuance of a building permit shall pay the fee assessed pursuant to this division to the county manager prior to the issuance of a certificate of occupancy. No certificate of occupancy shall be issued until all assessed impact fees are paid. The obligation to pay the fee shall run with the land.

(b)

All funds collected shall be properly identified and promptly transferred for deposit in the correctional facilities impact fee trust fund, to be used solely for the purposes specified in this division.

(c)

In lieu of all or part of the correctional facilities impact fees, the board of county commissioners may accept the offer by a feepayer to donate land or construct all or part of a correctional facilities capital improvement project shown in the county comprehensive plan or appropriate to the implementation thereof. This offer shall not include the construction of any site-related improvements. Such construction must be in accordance with county, municipal or state design standards, whichever are applicable. The feepayer shall submit a project description in sufficient detail, including competitive bids if so requested, to allow the county manager to establish an engineering and construction cost estimate. The county manager shall credit this estimated cost or the actual cost of this construction, whichever is lower, against the correctional facilities impact fee otherwise due. The offer shall not constitute payment of the correctional facilities impact fee unless and until it is accepted by the board of county commissioners and the feepayer has dedicated or conveyed any and all land pursuant to the offer as accepted and has posted security, as provided in this subsection, for the construction of any and all other capital improvements pursuant to the offer as accepted. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with the board of county commissioners in an amount approved by the board equal to 110 percent of the full cost of such construction. If the correctional facilities construction project will not be constructed within one year of the acceptance of the offer by the board of county commissioners, the amount of the security shall be increased by ten percent compounded for each year or fraction thereof of the life of the security. The security shall be reviewed and approved by the county attorney's office prior to acceptance of the security by the board.

(Code 1979, § 14-183; Ord. No. 01-021, § 18, 4-4-01)

There is hereby established one correctional facilities impact fee district as shown in appendix I attached to Ordinance No. 89-03, which is incorporated in this division by this reference.

(Code 1979, § 14-184)

(a)

There is hereby established a correctional facilities impact fee trust fund for the correctional facilities impact fee district established by section 62-771.

(b)

Funds withdrawn from this account must be used in accordance with the provisions of section 62-773.

(Code 1979, § 14-185)

(a)

The collecting and administering governmental units shall be entitled to up to but not more than eight percent of the funds collected under this division to compensate them for the administrative expense of collecting the fee and administering this division. All remaining funds collected from correctional facilities impact fees shall be used for the purpose of capital improvements to correctional facilities under the jurisdiction of the county and not for maintenance or operations. Such acquisitions and improvements shall be the type as are made necessary by new growth and development in the county.

(b)

Funds shall be used exclusively for capital improvements within the correctional facilities impact fee district, as identified in appendix I of Ordinance No. 89-03, from which the funds were collected. Funds shall be expended in the order in which they are collected.

(c)

Each fiscal period, the county manager shall present to the board of county commissioners a proposed capital improvement program for correctional facilities, assigning funds, including any accrued interest, from the correctional facilities impact fee trust fund to specific correctional facilities improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the correctional facilities impact fee trust fund until the next fiscal period, except as provided by the refund provisions of this division.

(Code 1979, § 14-186; Ord. No. 01-021, § 19, 4-4-01)

(a)

If a building permit expires, then the feepayer, or his heirs, successors or assigns, shall be entitled to a refund of the correctional facilities impact fee paid as a condition for its issuance, except that the county shall retain five percent of the fee to offset the costs of refunding.

(b)

Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the correctional facilities impact fee payment was received shall, upon application of the current owner, within 180 days of expiration of the six-year period, be returned to the current owner with interest at the rate of six percent per annum.

(Code 1979, § 14-187)

(a)

Exemptions. The following shall be exempted from payment of the correctional facilities impact fee:

(1)

Alteration or expansion of an existing building where no additional units are created and where the use is not changed.

(2)

The construction of accessory buildings or structures where no additional units are created.

(3)

The new replacement of a residential land use with a new unit of the same type and use.

(4)

The replacement of a nonresidential building or structure with a new building or structure of the same size and use.

(5)

The construction of publicly owned government buildings which are utilized in their entirety for public purposes.

(6)

All industrial land uses as defined herein and described in the Standard Industrial Classification manual, 1987 Edition, under Division B - Mining; Division C - Construction; Division D - Manufacturing; and Division E - Transportation, Communications, Electric, Gas and Sanitary Services provided, however, that when such uses are conducted in a structure also used as a private residence there shall be no exemption from any residential impact fee that otherwise may be due.

(7)

Changes in the use of an existing non-residential building or structure provided there is no expansion of the existing building or structure.

An exemption must be claimed by the feepayer at the time of the issuance of a building permit or mobile home permit. Any exemption not so claimed shall be deemed to be waived by the feepayer.

(b)

Credits. No credit shall be given for site-related improvements.

(Code 1979, § 14-188; Ord. No. 95-23, § 3, 5-22-95; Ord. No. 01-021, § 20, 4-4-01; Ord. No. 03-51, § 4, 12-16-03)

The fee schedule contained in section 62-769 shall be reviewed by the board of county commissioners at least once each fiscal biennium.

(Code 1979, § 14-189)

The board of county commissioners shall hear appeals relating to the grant or denial of an exemption to an impact fee. In applying for an appeal, the applicant shall provide adequate documentation to confirm the basis for the appeal, including whether the proposed institutional or business enterprise meets the industrial and commercial land use definitions contained herein, when applicable.

(Ord. No. 95-23, § 4, 5-22-95)

(a)

This division shall be known and may be cited as the Brevard County Transportation Impact Fee Ordinance.

(b)

The board of county commissioners has the authority to adopt this division pursuant to Fla. Const. art. VIII, F.S. chs. 125 and 163 and F.S. § 380.06(16).

(c)

This division shall apply to the unincorporated area of the county and to the incorporated areas of the county to the extent permitted by Fla. Const. art. VIII, § 1(f).

(Code 1979, § 14-201)

(a)

This division is intended to implement and be consistent with the county comprehensive plan.

(b)

The purpose of this division is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of the capital expenditures necessary to accommodate impacts of developments on roadways, and to assist in limiting further degradation of roadways as contemplated by the county comprehensive plan.

(Code 1979, § 14-202)

The board of county commissioners makes the following findings and determinations:

(1)

The existing road system in the county is not sufficient to accommodate anticipated new development without decreasing the levels of service.

(2)

The preferred standard minimum acceptable road system level of service in the county is level of service E.

(3)

Existing revenue sources are not sufficient to fund capital improvements necessary to accommodate new development.

(4)

New development should contribute its fair share of the costs of providing new facilities necessary to accommodate the new development.

(5)

Impact fees provide a reasonable method of regulating new development in the county to ensure that such new development pays its fair share of the capital costs of governmental services and facilities necessary to accommodate the new development.

(6)

The impact fees set forth in this division are not established at a rate to correct existing deficiencies.

(7)

The impact fees set forth in this division establish a fair and conservative method of assessing new development its fair share costs.

(8)

The impact fees set forth in this division will not fully pay for the costs of capital improvements to the road system necessitated by new development, and the county recognizes that the shortfall will have to come from other revenue sources.

(9)

The impact fee districts established in this division ensure that capital improvements to the road system will benefit the development located within the district.

(10)

The transportation impact fees imposed by this division may create potentially adverse effects on the production of affordable housing and first time homeownership.

(Code 1979, § 14-203; Ord. No. 01-68, § 4, 10-30-01; Ord. No. 06-044, § 1, 8-8-06)

(a)

The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

(b)

For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply to the text of this division:

(1)

In case of any difference of meaning or implication between the text of this division and any caption, illustration, summary table or illustrative table, the text shall control.

(2)

The term "shall" is always mandatory and not discretionary; the term "may" is permissive.

(3)

Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(4)

The term "used for" includes the term "arranged for," "designed for," "maintained for" or "occupied for."

(5)

The term "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(6)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected terms, conditions, provisions or events shall apply.

b.

The term "or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

c.

The term "either … or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.

(7)

The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(8)

The term "county manager" means the county manager and the county or municipal officials he may designate to carry out the administration of this division.

(9)

A road right-of-way used to delineate transportation impact fee district boundaries may be considered within any district it bounds.

(10)

The land use types listed in section 62-818 shall have the same meaning as under article VI of this chapter.

(Code 1979, § 14-204; Ord. No. 01-021, § 21, 4-4-01)

As used in this division, the following words shall have the following meanings, unless some other meaning is plainly intended:

Adjusted for family size means adjusted in a manner that results in an income eligibility level that is lower for households having fewer than four people, or higher for households having more than four people, than the base income eligibility determined as provided in the definitions of low, moderate and very-low income persons or households, based upon a formula established by the United States Department of Housing and Urban Development.

Affordable means that monthly rents or monthly mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in the definitions of low, moderate and very-low income persons or households. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark.

Annual gross income means annual income as defined under the Section 8 housing assistance payments programs in 24 C.F.R. part 5; annual income as reported under the census long form for the recent available decennial census; or adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 for individual federal annual income tax purposes. Counties and eligible municipalities shall calculate income by annualizing verified sources of income for the household as the amount of income to be received in a household during the 12 months following the effective date of the determination.

Area median income means the median family income in the county, adjusted for family size, as published by the U.S. Department of Housing and Urban Development annually.

Award means a loan, grant, subsidy or incentive given or funded wholly or partially by the local housing assistance trust fund to create affordable rental housing or single family ownership.

Basic employment means that such jobs are substantially associated with the production of goods and/or the provision of services that are exported to consumers outside of the county, and as a result, derive revenues that support the local economy from outside the county.

Building official means the person designated as such by the county or by any municipality within the county.

Building permit means a permit for the construction of a residential or non-residential building or for the installation of a mobile home that has been issued by the building official.

Capital improvement includes transportation planning, transportation impact fee consultant studies, preliminary engineering, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any road construction project, including, but not limited to, the following:

(1)

Construction of new lanes;

(2)

Construction of new turn lanes;

(3)

Construction of new bridges;

(4)

Construction of new drainage facilities in conjunction with new roadway construction;

(5)

Purchase and installation of traffic signalization, including both new and upgraded signalization;

(6)

Construction of curbs, medians and shoulders; and

(7)

Relocating utilities to accommodate new roadway construction.

Certificate of completion means a certificate issued by the building official after the final inspection has verified that the construction has been completed in accordance with the requirements of the building code but for which a certificate of occupancy is not required.

Certificate of occupancy means a certificate issued by the building official after the final inspection has verified that the construction has been completed in accordance with the requirements of the building code.

Commercial land use means those structures and facilities used by institutional and/or business enterprises that are engaged in the provision of goods and/or services to domestic and wholesale consumers whether for profit or not, such as the wholesale trade of both durable and nondurable goods; retail trade; finance, insurance and real estate services; business and personal services such as accounting, advertising and other business services, lodging, repair services, amusement and recreation services, legal services, medical services, educational services and other similar services; social services for individuals and families, including those providing residential care for children, the aged, the destitute and the physically, mentally and/or emotionally challenged; and membership organizations such as business and professional associations, civic, social and fraternal organizations and religious organizations. Commercial includes those institutional and/or business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 11. Agriculture, Forestry, Fishing and Hunting; Sector 42. Wholesale Trade; Sector 44-45. Retail Trade; Sector 52. Finance and Insurance; Sector 53. Real Estate and Rental and Leasing; Sector 54. Professional, Scientific, and Technical Services; Sector 55. Management of Companies and Enterprises; Subsector 561. Administrative and Support Services; Sector 61. Educational Services; Sector 62. Health Care and Social Assistance; Sector 71. Arts, Entertainment, and Recreation; Sector 72. Accommodation and Food Services; and Sector 81. Other Services (except for Public Administration) excluding Subsector 814 Private Households.

Community-based organization means a nonprofit organization that has among its purposes the provision of affordable housing to persons who have special needs or have very low income, low income, or moderate income within a designated area, which may include a municipality, a county, or more than one municipality or county, and maintains, through a minimum of one-third representation on the organization's governing board, accountability to housing program beneficiaries and residents of the designated area. A community housing development organization established pursuant to 24 C.F.R. part 92.2 and a community development corporation created pursuant to chapter 290 are examples of community-based organizations.

Displaced homemaker means an individual who:

(1)

Is an adult;

(2)

Has not worked full-time, full-year for a number of years but has, during such years, worked without remuneration to care for the home and family; and

(3)

Is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

Expansion of the capacity of a road applies to all road and intersection capacity enhancements, including, but not limited to, extensions, widening, intersection improvements, upgrading signalization, improving pavement conditions and expansion of bridges.

Feepayer means a person commencing a land development activity which generates traffic and which requires the issuance of a building permit.

First time homebuyer means a household that has not owned a home during the last three-year period immediately prior to purchase of a new home for which a transportation impact fee will be due, with exception of a person determined to be a displaced homemaker, single parent, or current owner of a substandard unit that cannot be reconstructed on site.

Independent fee calculation study means the traffic engineering or economic documentation prepared by a feepayer to allow the determination of the impact fee other than by the use of the schedule in section 62-818.

Industrial land use means those structures and facilities used by business enterprises engaged in mining, manufacturing, warehousing, or the provision of industrial services. Industrial includes those business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 21. Mining; Sector 22. Utilities; Sector 23. Construction; Sector 31-33. Manufacturing; Sector. 48-49. Transportation and Warehousing; and Subsector 562. Waste Management and Remediation Services.

Land development activity generating traffic means any change in land use, any construction of buildings or structures, or any change in the use of any structure that attracts or produces vehicular trips.

Level of service is a qualitative measure that represents the collective factors of speed, travel time, traffic interruption, freedom to maneuver safely, driving comfort and convenience, and vehicle operating costs provided by a highway facility under a particular volume condition. Levels of service vary from A to F. Level of service E describes a roadway condition that is operating at between 91 percent and 100 percent of capacity, where speeds are low, with some unstable flow and some stoppage, and where there is very little driver independence with regard to speed and lane choice.

Local housing assistance plan means a concise description of the local housing assistance strategies and local housing incentive strategies adopted by local government resolution with an explanation of the way in which the program meets the requirements of F.S. §§ 420.907—420.9079, and Florida Housing Finance Corporation rule.

Low-income person or low-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed 80 percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the non-metropolitan median for the state, whichever amount is greatest.

Manufacturing means industrial operations that are engaged in the mechanical or chemical transportation of materials or substances into new products, characteristically using power driven machines and materials handling equipment. Manufacturing also means operations engaged in assembling component parts of manufactured products, if the new product is neither a structure nor other fixed improvement. Also included is the blending of material, such as lubricating oils, plastics, resins or liquors. A new product may be finished as in ready for utilization or consumption, or it may be semifinished to become a raw material for use in further manufacturing activities. Manufacturing products are not for direct sale to the domestic consumer.

Maximum eligible sales price means the amount published most recently for the county by the Florida Housing Finance Corporation in conformance with the requirements established in F.S. § 420.9075(4)(c). This subsection of the state statutes provides that the sales price or value may not exceed 90 percent of the average area purchase price calculated for the statistical area in which the property is located for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs.

Moderate-income person or moderate-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed 120 percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the non-metropolitan median for the state, whichever is greatest.

Principal residence means the household must utilize the property as their primary residence, as established by eligibility for the state department of revenue property tax homestead exemption. The household may not vacate the unit for more than 120 consecutive days in any one calendar year for any reason, other than a hospital or nursing home stay.

Residential means a structure or structures solely dedicated to the housing of a person or persons to live, cook and/or sleep within on a permanent basis, as either owner, renter or lessee provided, however, that adult congregate living facilities, retirement homes, nursing homes and other structures operated by a social service organization to provide residential care to children, the aged, the destitute and the physically, mentally and/or emotionally challenged shall be considered to be commercial land uses as defined herein.

Road has the same meaning as set forth in F.S. § 334.03(17).

Sales price or value means for a newly constructed unit, the amount on the executed sales contract. For eligible persons who are building a unit on land that they own, the sales price is determined by an appraisal performed by a state-certified appraiser. The appraisal must include the value of the land and the improvements using the after-construction value of the property and must be dated within 12 months of the date construction is to commence.

Single parent means an individual who is unmarried or legally separated from a spouse, and has one or more minor children of whom the individual has custody or joint custody, or is pregnant.

Site-related improvements means capital improvements, including right-of-way dedications, for improvements to the development in question. Direct access improvements include, but are not limited to, the following:

(1)

Site driveways and roads;

(2)

Right and left turn lanes leading to those driveways;

(3)

Traffic control measures for those driveways; and

(4)

Improvements to roadways other than collectors and arterials, regardless of state functional classification.

Very-low-income person or very-low-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed 50 percent of the median annual income adjusted for family size for households.

(Code 1979, § 14-205; Ord. No. 95-24, § 1, 5-22-95; Ord. No. 01-68, § 5, 10-30-01; Ord. No. 02-19, § 1, 4-30-02; Ord. No. 06-044, § 2, 8-8-06)

Cross reference— Definitions generally, § 1-2.

A violation of this division shall be an offense punishable according to law; however, in addition to or in lieu of any criminal prosecution, the county or any feepayer shall have the power to sue in civil court to enforce the provisions of this division.

(Code 1979, § 14-215)

State Law reference— Penalty for ordinance violations, F.S. § 125.69.

If any section, phrase, sentence or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this division

(Code 1979, § 14-216)

(a)

Any person who, after the effective date of the ordinance from which this division is derived, seeks to develop land by applying for a building permit to make an improvement to land which will generate additional traffic shall be assessed a transportation impact fee and shall be required to pay the transportation impact fee in the manner and amount set forth in this division.

(b)

No building permit for any activity requiring payment of an impact fee pursuant to section 62-809 shall be issued unless and until the transportation impact fee required by this section has been assessed and a notice of assessment signed by the person applying for the issuance of the building permit. Payment of the transportation impact fee shall be as specified in section 62-810.

(Code 1979, § 14-206)

(a)

At the option of the feepayer, the amount of the fee required by this division may be determined by the fee schedule set out in section 62-818. If a building permit is requested for mixed uses, then the fee shall be determined through using the fee schedule in section 62-818 by apportioning the space committed to uses specified on the schedule. If the applicant for a building permit neglects or fails to describe such uses, or fails to do so with sufficient specificity in the opinion of the county manager, or if the basis for calculating the transportation impact fee is unclear, then the county manager shall assume maximum impact by imposing the fee from section 62-818 assuming the highest uses for the proposed improvement for which the building permit is sought. If the type of development activity for which a building permit is applied for is not specified on the fee schedule in section 62-818, the county manager shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. The county manager shall be guided in the selection of a comparable type by the report entitled "Trip Generation" (sixth edition) prepared by the Institute of Transportation Engineers. If the county manager determines that there is no comparable type of land use on the fee schedule in section 62-818, then the county manager shall determine the fee by:

(1)

Using traffic generation statistics contained in the report entitled "Trip Generation" (sixth edition), prepared by the Institute of Transportation Engineers; and

(2)

Applying the formula set forth in subsection (b) of this section.

In the case of the conversion of a residential use to a nonresidential use, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. The county manager shall be guided in this determination by the report entitled "Trip Generation" (sixth edition) prepared by the Institute of Transportation Engineers.

(b)

If a feepayer opts not to have the impact fees determined according to subsection (a) of this section, then the feepayer shall prepare and submit to the county manager an independent fee calculation study for the land development activity for which a building permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats for such a study established by the county manager. The traffic engineering study and economic documentation submitted shall show the basis upon which the independent fee calculation was made, including but not limited to the following:

(1)

Traffic engineering studies.

a.

Documentation of trip generation rates appropriate for the proposed land development activity.

b.

Documentation of trip length appropriate for the proposed land development activity.

c.

Documentation of trip data appropriate for the proposed land development activity.

(2)

Economic documentation studies.

a.

Documentation of the cost per lane per mile for roadway construction appropriate for the proposed land development activity.

b.

Documentation of credits attributable to the proposed land development activity 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 activity. This documentation shall be prepared and presented by qualified professionals in their respective fields.

(c)

The following formula shall be used by the county manager to determine the impact fee per unit of development:

(1)

New travel = Trips per day per unit × trip length × percent new travel.

(2)

New road capacity = New travel / 2 / lane capacity.

(3)

Total cost = New road capacity × cost per lane mile.

(4)

Credits = (Dollars per gallon × (annual travel) / (miles per gallon)) × present value factor.

(5)

Net cost = Total cost - credits.

(6)

Impact fee = Net cost.

(Code 1979, § 14-207; Ord. No. 01-021, § 22, 4-4-01; Ord. No. 03-51, § 5, 12-16-03)

(a)

The person applying for the issuance of a building permit shall pay the fee assessed pursuant to this division to the county manager prior to the issuance of a certificate of occupancy. No certificate of occupancy shall be issued until all assessed impact fees are paid. The obligation to pay the fee shall run with the land.

(b)

All funds collected shall be properly identified by transportation impact fee district and promptly transferred for deposit in the appropriate transportation impact fee trust fund, to be held in separate accounts as determined in section 62-812 and used solely for the purposes specified in this division.

(c)

In lieu of all or part of the transportation impact fees, the board of county commissioners may accept the offer by a feepayer, developer, or community development district to construct all or part of a road improvement project, including right-of-way, shown in the county comprehensive plan or appropriate to the implementation thereof. This offer shall not include the construction of site-related improvements. Such construction must be in accordance with county, municipal or state design standards, whichever are applicable. The feepayer, developer, or community development district shall submit a project description in sufficient detail, including competitive bids if so requested, to allow the county manager to establish an engineering and construction cost estimate. The county manager shall credit this estimated cost or the actual cost of the construction, whichever is the lower, against the transportation impact fee otherwise due as further described in section 62-815. The portion of the fee represented by the road construction shall be deemed paid when the construction is completed and accepted by the county or state for maintenance or when the feepayer posts security as provided in this subsection for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with the board of county commissioners in an amount approved by the board equal to 110 percent of the full cost of such construction. If the transportation construction project will not be constructed within one year of the acceptance of the offer by the board of county commissioners, the amount of the security shall be increased by ten percent compounded for each year or fraction thereof of the life of the security. The security shall be reviewed and approved by the county attorney's office prior to acceptance of the security by the board.

(d)

No credit shall be granted for any costs, contribution, payment, construction or land received by the county or any municipality participating in this program through interlocal agreement if said costs, contribution, payment, construction or land dedication is received or made before a credit agreement is approved by the board of county commissioners and fully executed by all applicable parties. Any claim for credit not so made and approved shall be deemed waived.

(Code 1979, § 14-208; Ord. No. 01-021, § 23, 4-4-01; Ord. No. 02-19, § 2, 4-30-02)

There are hereby established six transportation impact fee districts as shown in section 62-817.

(Code 1979, § 14-209; Ord. No. 01-021, § 24, 4-4-01)

(a)

There are hereby established separate transportation impact fee trust funds, one for each transportation impact fee district established by section 62-811.

(b)

Funds withdrawn from these accounts must be used in accordance with the provisions of section 62-813.

(Code 1979, § 14-210)

(a)

The collecting and administering governmental units shall be entitled to up to but not more than eight percent of the funds collected pursuant to this division to compensate them for the administrative expense of collecting the fee and administering this division. All remaining funds collected from transportation impact fees shall be used for the purpose of capital improvements to and expansion of transportation facilities associated with the arterial and collector network in the county. Such improvements shall be of the type made necessary by new growth and development in the county. Funds may also be used to retire bonded indebtedness incurred in the construction of projects made necessary by new growth and development.

(b)

No funds shall be used for periodic or routine maintenance, as defined in F.S. §§ 334.03(13) and 334.03(18).

(c)

Funds shall be used exclusively for capital improvements or expansion within the transportation impact fee district, as identified in section 62-817, from which the funds were collected. Funds shall be expended in the order in which they are collected.

(d)

Each fiscal period the county manager shall present to the board of county commissioners a proposed capital improvement schedule for roads, consistent with the capital improvement element of the county comprehensive plan, assigning funds, including any accrued interest, from the several transportation impact fee trust funds to specific road improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same transportation impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this division.

(Code 1979, § 14-211; Ord. No. 01-021, § 25, 4-4-01)

(a)

If a building permit expires, then the feepayer, or his heirs, successors or assigns, shall be entitled to a refund of the transportation impact fee paid as a condition for its issuance, except that the county shall retain five percent of the fee to offset the costs of refunding.

(b)

Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the transportation impact fee payment was received shall, upon application of the current owner, within 180 days of the expiration of the six-year period, be returned to the current owner with interest at the rate of six percent per annum.

(Code 1979, § 14-212)

(a)

Exemptions. The following shall be exempted from payment of the transportation impact fee:

(1)

Alteration or expansion of an existing building where no additional units are created, where the use is not changed and where no additional vehicular trips will be produced over and above those produced by the existing use.

(2)

The construction of accessory buildings or structures which will not produce additional vehicular trips over and above those produced by the principal building or use of the land.

(3)

The new replacement of a residential land use with a new unit of the same type and use, provided that no additional trips will be produced over and above those produced by the original use of the land.

(4)

The replacement of a nonresidential building or structure with a new building or structure of the same size and use, provided that no additional trips will be produced over and above those produced by the original use of the land.

(5)

The construction of publicly owned government buildings which are utilized in their entirety for public purposes.

(6)

All industrial land uses as defined herein and described in the North American Industry Classification System, 1997 edition, under Sector 21. Mining; Sector 22. Utilities; Sector 23. Construction; Sector 31-33. Manufacturing; Sector. 48-49. Transportation and Warehousing; and Subsector 562. Waste Management and Remediation Services provided, however, that when such uses are conducted in a structure also used as a private residence there shall be no exemption from any residential impact fee that otherwise may be due.

(7)

Changes in the use of an existing non-residential building or structure provided there is no expansion of the existing building or structure.

An exemption must be claimed by the feepayer at the time of the issuance of a building permit or mobile home permit. Any exemption not so claimed shall be deemed to be waived by the feepayer.

(b)

Credits.

(1)

No credit shall be given for site-related improvements.

(2)

All capital improvements to arterial and collector roads required under a county or city-approved development order for any project, except for those improvements deemed site-related, may be credited to a feepayer, developer, or community development district constructing or contributing capital improvements otherwise required of a developer as a condition of development approval against the transportation impact fee assessed against the project required to provide said capital improvement. Award of the credit shall be made by separate agreement approved by the board of county commissioners. The board of county commissioners reserves the right to determine the amount to be credited by preparing engineering and construction cost estimates or real estate appraisals for those improvements by using the methodology described in section 62-810 and by preparing traffic engineering data utilizing generally accepted traffic engineering practices. No credit given to a feepayer, developer, or community development district constructing or contributing capital improvements otherwise required of a developer as a condition of development approval shall exceed the assessed transportation impact fee for the project. For the purposes of this section the project shall be considered the largest area approved through a DRI, subdivision or site plan. The value of construction eligible for credit or reimbursement for improvements internal to and on the site of the project which also create excess capacity shall be determined by calculating the percentage of the total costs that corresponds to the ratio of excess capacity to total capacity as determined by generally accepted traffic engineering practices. To ensure that credits do not exceed the assessed transportation impact fee for the project, credits will be limited to the actual impact fee revenues collected within the project following the adoption of the separate credit agreement by the board of county commissioners.

(3)

No credit shall be granted for any costs, contribution, payment, construction or land received by the county or any municipality participating in this program through interlocal agreement if said costs, contribution, payment, construction or land dedication is received or made before a credit agreement is approved by the board of county commissioners and fully executed by all applicable parties. Any claim for credit not so made and approved shall be deemed waived.

(c)

Reimbursements.

(1)

In lieu of providing impact fee credits pursuant to subsection 62-815(b)(2), when a developer or community development district constructs or donates transportation capital improvements as defined in section 62-805 and said capital improvements qualify for credit under subsection 62-815(b) and are accepted by the county, a city or the state for maintenance or when a certificate of completion has been issued certifying the construction is complete and conforms to county, city or state standards, whichever occurs first, the board of county commissioners may, upon request, provide reimbursement, as described herein, from the appropriate transportation impact fee trust fund to the developer or community development district, as the applicable impact fees generated by the land development project for which the donation was made are collected. The amount of reimbursement shall not exceed the amount of credit that would otherwise be awarded under the terms of subsection 62-815(b). The developer shall provide such documentation as requested by the county to ascertain the amount of reimbursement to which the developer is entitled. Such reimbursement agreements between the county and developer shall be assignable by the developer. Nothing in this section shall be construed to relieve any person from the responsibility of paying any required impact fee at the time or upon the occurrence of any event specified in a development order or by applicable ordinance.

(2)

When impact fee credits have been awarded for more than one capital improvement within a land development project, collected revenues will be assigned to each credit award based on the ratio of the remaining balance for each credit award to the remaining balance of all credit awards within the project. When a capital improvement is completed in phases, each phase shall be considered as a separate capital improvement for the purposes of assigning collected revenues for reimbursement.

(d)

Deferrals. In order to partially or completely mitigate for potentially adverse effects on the production of affordable housing and first time homeownership that may be due to the imposition of the transportation impact fee, the county shall, upon approval of an application by any eligible new homebuyer, execute a contract to defer payment of a percentage of the transportation impact fee according to the provisions described herein.

(1)

For the purchase of a newly constructed principal residence, the sales price or value of which does not exceed the maximum eligible sales price, the county shall defer payment of 25 percent of the transportation impact fee imposed by this division for any homebuyer that qualifies as a moderate-income person or moderate-income household. The homebuyer shall pay the remaining 75 percent of the transportation impact fee prior to the receipt of a certificate of occupancy in accordance with the provisions of the contract for deferral and this division. Payment of the deferred portion of the transportation impact fee shall be made in accordance with the provisions of the contract for deferral and subsection (5) below.

(2)

For the purchase of a newly constructed principal residence, the sales price or value of which does not exceed the maximum eligible sales price, the county shall defer payment of 50 percent of the transportation impact fee imposed by this section for any homebuyer that qualifies as a low-income person or low-income household. The homebuyer shall pay the remaining 50 percent of the transportation impact fee prior to the receipt of a certificate of occupancy in accordance with the provisions of the contract for deferral and this section. Payment of the deferred portion of the transportation impact fee shall be due in accordance with the provisions of the contract for deferral and subsection (5) below.

(3)

For the purchase of a newly constructed principal residence, the sales price or value of which does not exceed the maximum eligible sales price, the county shall defer payment of 100 percent of the transportation impact fee imposed by this section for any homebuyer that qualifies as a very-low-income person or very-low-income household. Payment of the deferred portion of the transportation impact fee shall be due in accordance with the provisions of the contract for deferral and subsection (5) below.

(4)

A community-based organization, or developer that has received an award to develop rental housing affordable to very-low, low and moderate income persons or households may apply for deferral of transportation impact fees. For every rental unit that is limited to occupancy by a moderate-income person or moderate-income household, the county shall defer 25 percent of the transportation impact fee imposed by this section. For every rental unit that is limited to occupancy by a low-income person or low-income household, the county shall defer 50 percent of the transportation impact fee imposed by this section. For every rental unit that is limited to occupancy by a very-low-income person or very-low-income household, the county shall defer 100 percent of the transportation impact fee imposed by this section. Payment of the deferred portion of the transportation impact fee shall be due in accordance with the provisions of the contract for deferral and subsection (5) below.

(5)

A new homebuyer or community-based organization, or developer that wishes to defer payment of a percentage of the transportation impact fees assessed on a residential property shall submit an application together with the necessary supporting documentation to the county manager to initiate an eligibility review. If the county determines that the applicant is eligible for deferral of impact fees, the county will prepare a contract for deferral. The contract for deferral shall include provisions for the new homebuyer or community-based organization to execute a notice of assessment setting forth the balance of the transportation impact fee that remains unpaid and to notify the county of the date of the closing on the eligible property. The notice of assessment shall also indicate that the unpaid balance is due and payable upon the subsequent sale of the property by the homebuyer or community-based organization. The notice shall be in recordable form acceptable to the county and shall authorize the county to record the notice in the official records of the county within 90 days following notification to the county of the date of the closing by the homebuyer or when rental units are sold or transferred and no longer meet the affordable definition set forth in this document. Upon execution, the notice of assessment shall constitute a lien on the property for the balance of the transportation impact fee that is due under the terms and conditions of this subsection.

(Code 1979, § 14-213; Ord. No. 95-24, § 2, 5-22-95; Ord. No. 01-021, § 26, 4-4-01; Ord. No. 02-19, § 3, 4-30-02; Ord. No. 03-51, § 6, 12-16-03; Ord. No. 06-044, § 3, 8-8-06; Ord. No. 07-33, § 1, 5-24-07)

Editor's note— Ord. No. 06-044, § 3, adopted August 8, 2006, changed the title of section 62-815 from "Exemptions, credits, and reimbursements" to "Exemptions, credits, reimbursements, and deferrals."

The fee schedule contained in section 62-818 shall be reviewed by the board of county commissioners at least once each fiscal biennium.

(Code 1979, § 14-214)

_____

The boundaries of the transportation impact fee districts are as follows:

(Ord. No. 89-04, app. I, 1-17-89; Ord. No. 01-021, § 27, 4-4-01)

The schedule of transportation impact fees is listed as follows according to the categories of residential, industrial/manufacturing, commercial, recreation, and institutional and are based on the maximum impact fee for each land use as calculated by the County Impact Fee Study, March 2000:

(Ord. No. 89-04, app. II, 1-17-89; Ord. No. 95-24, § 3, 5-22-95; Ord. No. 01-021, § 28, 4-4-01; Ord. No. 01-41, § 6, 8-28-01; Ord. No. 01-68, § 6, 10-30-01; Ord. No. 06-044, § 4, 8-8-06)

The board of county commissioners shall hear appeals relating to the grant or denial of an exemption to an impact fee. In applying for an appeal, the applicant shall provide adequate documentation to confirm the basis for the appeal, including whether the proposed institutional or business enterprise meets the industrial and commercial land use definitions contained herein, when applicable.

(Ord. No. 95-24, § 4, 5-22-95)

(a)

The recitals set forth above are hereby incorporated as findings of the board of county commissioners relating to an economic emergency in the county and board of county commissioners hereby declare that such an emergency exists.

(b)

In order to establish an incentive for construction projects, beginning March 1, 2009, the board of county commissioners of the county, hereby declares and imposes an eight-year, ten month moratorium on the collection of transportation impact fees for any residential or commercial construction project for which a property owner applicant receives from the county or participating municipality:

(1)

A building permit within 94 months from the beginning date of this moratorium; and

(2)

At least a temporary certificate of occupancy within 107 months from the beginning date of this moratorium, unless the latter date is extended by the board of county commissioners.

The county manager is authorized to grant a one-year extension of the deadline for obtaining a temporary certificate of occupancy to a developer of any commercial project exceeding 20,000 square feet in size that otherwise meets the requirements for exemption from transportation impact fee payment as provided for in this section. This moratorium shall also apply to any owner or applicant who has submitted a complete application for a building permit prior to March 1, 2009 but has not, as of the effective date of this section, received a temporary or permanent certificate of occupancy.

(Ord. No. 09-08E, § 1, 3-5-09; Ord. No. 09-31, § 1, 11-17-09; Ord. No. 10-005, § 1, 2-23-10; Ord. No. 12-06, § 1, 2-21-12; Ord. No. 13-06, § 1, 2-19-13; Ord. No. 13-12, § 1, 4-30-13; Ord. No. 17-25, § 1, 10-24-17)

Except as otherwise provided in this section, any permitted construction project for which a building permit has not been issued by the county or participating municipality by December 31, 2016, as well as any project which has not received at least a temporary certificate of occupancy by January 31, 2018, or any project that has received a building permit prior to March 1, 2009, or upon a majority vote of a city council where any city building permit is issued, for a project that exceeds and average daily trip generation rate of 1,200 trips within a municipality that participates in the transportation impact fee program and for which the municipality requires concurrency approval and payment of transportation impact fees as a condition precedent to obtaining a building permit will be required to pay transportation impact fees unless either of these deadlines is extended by the board of county commissioners. Refunds shall be made to owners or developers of property who qualify for exemption under the moratorium ordinance from which this section is derived but have already paid transportation impact fees.

(Ord. No. 09-08E, § 2, 3-5-09; Ord. No. 09-28, § 1, 10-6-09; Ord. No. 10-005, § 2, 2-23-10; Ord. No. 12-06, § 1, 2-21-12; Ord. No. 13-06, § 1, 2-19-13; Ord. No. 13-12, § 1, 4-30-13; Ord. No. 17-25, § 1, 10-24-17)

Editor's note— Ord. No. 09-28, § 1, adopted Oct. 6, 2009, amended the title of § 62-821 to read as herein set out. Former § 62-821 was titled nonperformance. See the Code Comparative Table for complete derivation of section.

At least ⅘ of the membership of the board of county commissioners, hereby declares that an emergency exists and that the immediate enactment of this is necessary to meet such emergency, and in accordance with F.S. § 125.66(3), waives all notice requirements.

(Ord. No. 09-08E, § 3, 3-5-09; Ord. No. 12-06, § 1, 2-21-12)

The ordinance from which this section is derived will sunset and effectively be repealed on December 31, 2016 unless a majority vote of the board of county commissioners determines that the economic conditions of the county warrant continuation of the moratorium.

(Ord. No. 09-08E, § 4, 3-5-09; Ord. No. 10-005, § 4, 2-23-10; Ord. No. 12-06, § 1, 2-21-12; Ord. No. 13-06, § 1, 2-19-13; Ord. No. 13-12, § 1, 4-30-13; Ord. No. 17-25, § 1, 10-24-17)

In the case of direct conflict between any provision of this article and a portion or provisions of any other appropriate federal, state or county law, rule code or regulation, the more restrictive shall apply.

(Ord. No. 09-08E, § 5, 3-5-09)

If any provision of this ordinance or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this division are declared severable.

(Ord. No. 09-08E, § 6, 3-5-09; Ord. No. 12-06, § 2, 2-21-12)

This ordinance shall take effect in the unincorporated area of the county, and in any municipality which is described in section 62-817, unless such municipality has adopted or in the future adopts an ordinance electing to establish transportation impact fees, thereby opting out of the provisions of the moratorium ordinance from which this section is derived.

(Ord. No. 09-08E, § 7, 3-5-09; Ord. No. 12-06, § 3, 2-21-12)

(a)

This division shall be known and may be cited as the Brevard County Emergency Medical Services Facilities Impact Fee Ordinance.

(b)

The board of county commissioners has the authority to adopt this division pursuant to Fla. Const. art. VIII and F.S. chs. 125 and 163.

(c)

This division shall apply to the unincorporated area of the county and to the incorporated areas of the county to the extent permitted by Fla. Const. art. VIII, § 1(f).

(Ord. No. 01-021, § 30, 4-4-01)

(a)

This division is intended to implement and be consistent with the county comprehensive plan.

(b)

The purpose of this division is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of the capital expenditures necessary to provide emergency medical service facilities in the county as contemplated by the board of county commissioners.

(Ord. No. 01-021, § 31, 4-4-01)

The board of county commissioners makes the following findings and determinations:

(1)

The existing emergency medical services system is not sufficient to accommodate anticipated new development without decreasing the levels of service.

(2)

The emergency medical services facilities level of service standards for the county is determined to be one emergency medical services station per 21,000 people.

(3)

Existing revenue sources are not sufficient to fund capital improvements necessary to accommodate new development.

(4)

New development should contribute its fair share of the costs of providing new facilities necessary to accommodate the new development.

(5)

Impact fees provide a reasonable method of regulating new development in the county to ensure that such new development pays its fair share of the capital costs of governmental services and facilities necessary to accommodate the new development.

(6)

The impact fees set forth in this division are not established at a rate to correct existing deficiencies.

(7)

The impact fees set forth in this division establish a fair and conservative method of assessing new development its fair share costs.

(8)

The impact fees will not fully pay for the costs of emergency medical services capital improvements necessitated by new development, and the county recognizes that the shortfall will have to come from other revenue sources.

(9)

The impact fee districts established in this division ensure that capital improvements to the emergency medical services system will benefit the development located within the district.

(Ord. No. 01-021, § 32, 4-4-01)

(a)

The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

(b)

For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply to the text of this division:

(1)

In case of any difference of meaning or implication between the text of this division and any caption, illustration, summary table or illustrative table, the text shall control.

(2)

The term "shall" is always mandatory and not discretionary; the term "may" is permissive.

(3)

Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(4)

The term "used for" includes the term "arranged for," "designed for," "maintained for" or "occupied for."

(5)

The term "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(6)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected terms, conditions, provisions or events shall apply.

b.

The term "or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

c.

The term "either … or" indicates that the connected items, conditions, provisions or vents shall apply singularly but not in combination.

(7)

The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(8)

The term "county manager" means the county manager or the county officials he or she may designate to carry out the administration of this division.

(9)

The land use types listed in section 62-849 shall have the same meaning as under article VI of this chapter.

(Ord. No. 01-021, § 33, 4-4-01)

As used in this division, the following words shall have the following meanings, unless some other meaning is plainly intended:

Basic employment means that such jobs are substantially associated with the production of goods and/or the provision of services that are exported to consumers outside of the county, and as a result, derive revenues that support the local economy from outside the county.

Capital improvement includes emergency medical services facilities planning, emergency medical services impact fee consultant studies, land acquisition, site improvements, buildings, vehicles and equipment, but excludes maintenance and operation.

Commercial land use means those structures and facilities used by institutional and/or business enterprises that are engaged in the provision of goods and/or services to domestic and wholesale consumers whether for profit or not, such as the wholesale trade of both durable and nondurable goods; retail trade; finance, insurance and real estate services; business and personal services such as accounting, advertising and other business services, lodging, repair services, amusement and recreation services, legal services, medical services, educational services and other similar services; social services for individuals and families, including those providing residential care for children, the aged, the destitute and the physically, mentally and/or emotionally challenged; and membership organizations such as business and professional associations, civic, social and fraternal organizations and religious organizations. Commercial includes those institutional and/or business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 11. Agriculture, Forestry, Fishing and Hunting; Sector 42. Wholesale Trade; Sector 44-45. Retail Trade; Sector 52. Finance and Insurance; Sector 53. Real Estate and Rental and Leasing; Sector 54. Professional, Scientific, and Technical Services; Sector 55. Management of Companies and Enterprises; Subsector 561. Administrative and Support Services; Sector 61. Educational Services; Sector 62. Health Care and Social Assistance; Sector 71. Arts, Entertainment, and Recreation; Sector 72. Accommodation and Food Services; and Sector 81. Other Services (except for Public Administration) excluding Subsector 814 Private Households.

Feepayer means is a person commencing a land development activity by applying for a building permit.

Industrial land use means those structures and facilities used by business enterprises engaged in mining, manufacturing, warehousing, or the provision of industrial services. Industrial includes those business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 21. Mining; Sector 22. Utilities; Sector 23. Construction; Sector 31-33. Manufacturing; Sector. 48-49. Transportation and Warehousing; and Subsector 562. Waste Management and Remediation Services.

Manufacturing means industrial operations that are engaged in the mechanical or chemical transformation of materials or substances into new products, characteristically using power driven machines and materials handling equipment. Manufacturing also means operations engaged in assembling component parts of manufactured products, if the new product is neither a structure nor other fixed improvement. Also included is the blending of material, such as lubricating oils, plastics, resins or liquors. A new product may be finished as in ready for utilization or consumption, or it may be semifinished to become a raw material for use in further manufacturing activities. Manufacturing products are not for direct sale to the domestic consumer.

Residential means a structure or structures solely dedicated to the housing of a person or persons to live, cook and/or sleep within on a permanent basis, as either owner, renter or lessee provided, however, that adult congregate living facilities, retirement homes, nursing homes and other structures operated by a social service organization to provide residential care to children, the aged, the destitute and the physically, mentally and/or emotionally challenged shall be considered to be commercial land uses as defined herein.

(Ord. No. 01-021, § 34, 4-4-01; Ord. No. 01-41, § 7, 8-28-01)

A violation of this division shall be an offense punishable according to law; however, in addition to or in lieu of any criminal prosecution, the county or any feepayer shall have the power to sue in civil court to enforce the provisions of this division.

(Ord. No. 01-021, § 35, 4-4-01)

If any section, phrase, sentence or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this division.

(Ord. No. 01-021, § 36, 4-4-01)

(a)

Any person who, after the effective date of the ordinance from which this division is derived, seeks to develop land by applying for a building permit shall be assessed an emergency medical services facilities impact fee and shall be required to pay the emergency medical services facilities impact fee in the manner and amount set forth in this division.

(b)

No building permit for any activity requiring payment of an impact fee pursuant to section 62-729 shall be issued unless and until the emergency medical services facilities impact fee required by this section has been assessed and a notice of assessment has been signed by the person applying for the issuance of the building permit. Payment of the emergency medical services facilities impact fee shall be as specified in section 62-730.

(Ord. No. 01-021, § 37, 4-4-01)

(a)

At the option of the feepayer, the amount of the fee imposed by this division may be determined by the following fee schedule:

SCHEDULE OF EMERGENCY MEDICAL SERVICES FACILITIES IMPACT FEES

If the type of development activity for which a building permit is applied for is not specified on the fee schedule set out in this subsection, the county manager shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. In the case of the conversion of a residential use to a non-residential use, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use.

(b)

If a feepayer opts not to have the impact fees determined according to subsection (a) of this section, then the feepayer shall prepare and submit to the county manager an independent fee calculation study for the land development activity for which a building permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats for such a study established by the county manager.

(Ord. No. 01-021, § 38, 4-4-01; Ord. No. 01-41, § 8, 8-28-01; Ord. No. 01-68, § 7, 10-30-01; Ord. No. 03-51, § 7, 12-16-03)

(a)

The person applying for the issuance of a building permit shall pay the fee assessed pursuant this division to the county manager prior to the issuance of a certificate of occupancy. No certificate of occupancy shall be issued until all assessed impact fees are paid. The obligation to pay the fee shall run with the land.

(b)

All funds collected shall be properly identified by emergency medical services facilities impact fee district and promptly transferred for deposit in the appropriate emergency medical services facilities impact fee trust fund, to be held in separate accounts as determined in section 62-732 and used solely for the purposes specified in this division.

(c)

In lieu of all or part of the emergency medical services impact fees, the board of county commissioners may accept the offer by a feepayer to donate land or construct all or part of an emergency medical services capital improvement project shown in the county comprehensive plan or appropriate to the implementation thereof. This offer shall not include the construction of any site-related improvements. Such construction must be in accordance with county, municipal or state design standards, whichever are applicable. The feepayer shall submit a project description in sufficient detail, including competitive bids if so requested, to allow the county manager to establish an engineering and construction cost estimate. The county manager shall credit this estimated cost or the actual cost of this construction, whichever is lower, against the emergency medical services impact fee otherwise due. The offer shall not constitute payment of the emergency medical services impact fee unless and until it is accepted by the board of county commissioners and the feepayer has dedicated or conveyed any and all land pursuant to the offer as accepted and has posted security, as provided in this subsection, for the construction of any and all other capital improvements pursuant to the offer as accepted. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with the board of county commissioners in an amount approved by the board equal to 110 percent of the full cost of such construction. If the emergency medical services construction project will not be constructed within one year of the acceptance of the offer by the board of county commissioners, the amount of the security shall be increased by ten percent compounded for each year or fraction thereof of the life of the security. The security shall be reviewed and approved by the county attorney's office prior to acceptance of the security by the board.

(Ord. No. 01-021, § 39, 4-4-01)

There are hereby established two emergency medical services facilities impact fee districts as shown in appendix II attached to Ordinance No. 01-021, which is incorporated in this division by reference.

(Ord. No. 01-021, § 40, 4-4-01)

(a)

There are hereby established separate emergency medical services facilities impact fee trust funds, one for each emergency medical services facilities impact fee district established by section 62-851.

(b)

Funds withdrawn from this account must be used in accordance with the provisions of section 62-853.

(Ord. No. 01-021, § 41, 4-4-01)

(a)

The collecting and administering governmental units shall be entitled to up to but not more than eight percent of the funds collected under this division to compensate them for the administrative expense of collecting the fee and administering this division. All remaining funds collected from emergency medical services facilities impact fees shall be used for the purpose of capital improvements to emergency medical services facilities under the jurisdiction of the county or the state, or community and regional emergency medical services facilities under the jurisdiction of the county, and not for maintenance or operations. Such acquisitions and improvements shall be the type as are made necessary by new growth and development in the county.

(b)

Funds shall be used exclusively for capital improvements within the emergency medical services facilities impact fee district, as identified in appendix I of Ordinance No. 01-021, from which the funds were collected. Funds shall be expended in the order in which they are collected.

(c)

Each fiscal period, the county manager shall present to the board of county commissioners a proposed capital improvement program for emergency medical services facilities, assigning funds, including any accrued interest, from the several emergency medical services facilities impact fee trust funds to specific emergency medical services facilities improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same emergency medical services facilities impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this division.

(Ord. No. 01-021, § 42, 4-4-01)

(a)

If a building permit expires, then the feepayer, or his heirs, successors or assigns, shall be entitled to a refund of the emergency medical services facilities impact fee paid as a condition for its issuance, except that the county shall retain five percent of the fee to offset the costs of refunding.

(b)

Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the emergency medical services facilities impact fee payment was received shall, upon application of the current owner, within 180 days of expiration of the six-year period, be returned to the current owner with interest at the rate of six percent per annum.

(Ord. No. 01-021, § 43, 4-4-01)

(a)

Exemptions. The following shall be exempted from payment of the emergency medical services facilities impact fee:

(1)

Alteration or expansion of an existing building where no additional units are created and where the use is not changed.

(2)

The construction of accessory buildings or structures where no additional units are created.

(3)

The new replacement of a residential land use with a new unit of the same type and use.

(4)

The replacement of a nonresidential building or structure with a new building or structure of the same size and use.

(5)

The construction of publicly owned government buildings which are utilized in their entirety for public purposes.

(6)

All industrial land uses as defined herein and described in the Standard Industrial Classification manual, 1987 Edition, under Division B Mining; Division C Construction; Division D Manufacturing; and Division E Transportation, Communications, Electric, Gas and Sanitary Services provided, however, that when such uses are conducted in a structure also used as a private residence there shall be no exemption from any residential impact fee that otherwise may be due.

(7)

Changes in the use of an existing non-residential building or structure provided there is no expansion of the existing building or structure.

An exemption must be claimed by the feepayer at the time of the issuance of a building permit or mobile home permit. Any exemption not so claimed shall be deemed to be waived by the feepayer.

(b)

Credits. No credit shall be given for site-related improvements.

(Ord. No. 01-021, § 44, 4-4-01; Ord. No. 03-51, § 8, 12-16-03)

The fee schedule contained in section 62-849 shall be reviewed by the board of county commissioners at least once each fiscal biennium.

(Ord. No. 01-021, § 45, 4-4-01)

Editor's note— Ord. No. 01-68, § 8, adopted October 20, 2001, repealed § 62-857 in its entirety. Formerly, § 62-857 pertained to appeals and derived from Ord. No. 01-021, § 46, adopted April 4, 2001.

(a)

This division shall be known and may be cited as the Brevard County Library Facilities Impact Fee Ordinance.

(b)

The board of county commissioners has the authority to adopt this division pursuant to Fla. Const. art. VIII and F.S. chs. 125 and 163.

(c)

This division shall apply to the unincorporated area of the county and to the incorporated areas of the county to the extent permitted by Fla. Const. art. VIII, § 1(f).

(Ord. No. 01-67, § 1, 10-30-01)

(a)

This division is intended to implement and be consistent with the county comprehensive plan.

(b)

The purpose of this division is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of the capital expenditures necessary to provide library facilities in the county as contemplated by the board of county commissioners.

(Ord. No. 01-67, § 1, 10-30-01)

The board of county commissioners makes the following findings and determinations:

(1)

The existing library system is not sufficient to accommodate anticipated new development without decreasing the levels of service.

(2)

The library facilities level of service standards for the county is determined to be 0.60 square feet of library space per capita and 2.16 volumes per capita.

(3)

Existing revenue sources are not sufficient to fund capital improvements necessary to accommodate new development.

(4)

New development should contribute its fair share of the costs of providing new facilities necessary to accommodate the new development.

(5)

Impact fees provide a reasonable method of regulating new development in the county to ensure that such new development pays its fair share of the capital costs of governmental services and facilities necessary to accommodate the new development.

(6)

The impact fees set forth in this division are not established at a rate to correct existing deficiencies.

(7)

The impact fees set forth in this division establish a fair and conservative method of assessing new development its fair share costs.

(8)

The impact fees will not fully pay for the costs of library capital improvements necessitated by new development, and the county recognizes that the shortfall will have to come from other revenue sources.

(9)

The impact fee district established in this division ensures that capital improvements to the library system will benefit the development located within the district.

(Ord. No. 01-67, § 1, 10-30-01)

(a)

The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

(b)

For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply to the text of this division:

(1)

In case of any difference of meaning or implication between the text of this division and any caption, illustration, summary table or illustrative table, the text shall control.

(2)

The term "shall" is always mandatory and not discretionary; the term "may" is permissive.

(3)

Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(4)

The term "used for" includes the term "arranged for," "designed for," "maintained for" or "occupied for."

(5)

The term "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(6)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected terms, conditions, provisions or events shall apply.

b.

The term "or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

c.

The term "either … or" indicates that the connected items, conditions, provisions or vents shall apply singularly but not in combination.

(7)

The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(8)

The term "county manager" means the county manager or the county officials he or she may designate to carry out the administration of this division.

(9)

The land use types listed in section 62-889 shall have the same meaning as under article VI of this chapter.

(Ord. No. 01-67, § 1, 10-30-01)

As used in this division, the following words shall have the following meanings, unless some other meaning is plainly intended:

Basic employment means that such jobs are substantially associated with the production of goods and/or the provision of services that are exported to consumers outside of the county, and as a result, derive revenues that support the local economy from outside the county.

Capital improvement includes Library facilities planning, architecture and engineering services, land acquisition, site improvements, buildings, library media, vehicles and equipment, but excludes maintenance and operation.

Commercial land use means those structures and facilities used by institutional and/or business enterprises that are engaged in the provision of goods and/or services to domestic and wholesale consumers whether for profit or not, such as the wholesale trade of both durable and nondurable goods; retail trade; finance, insurance and real estate services; business and personal services such as accounting, advertising and other business services, lodging, repair services, amusement and recreation services, legal services, medical services, educational services and other similar services; social services for individuals and families, including those providing residential care for children, the aged, the destitute and the physically, mentally and/or emotionally challenged; and membership organizations such as business and professional associations, civic, social and fraternal organizations and religious organizations. Commercial includes those institutional and/or business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 11. Agriculture, Forestry, Fishing and Hunting; Sector 42. Wholesale Trade; Sector 44-45. Retail Trade; Sector 52. Finance and Insurance; Sector 53. Real Estate and Rental and Leasing; Sector 54. Professional, Scientific, and Technical Services; Sector 55. Management of Companies and Enterprises; Subsector 561. Administrative and Support Services; Sector 61. Educational Services; Sector 62. Health Care and Social Assistance; Sector 71. Arts, Entertainment, and Recreation; Sector 72. Accommodation and Food Services; and Sector 81. Other Services (except for Public Administration) excluding Subsector 814 Private Households.

Feepayer means is a person commencing a land development activity by applying for a building permit.

Industrial land use means those structures and facilities used by business enterprises engaged in mining, manufacturing, warehousing or the provision of industrial services. Industrial includes those business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 21. Mining; Sector 22. Utilities; Sector 23. Construction; Sector 31-33. Manufacturing; Sector. 48-49. Transportation and Warehousing; and Subsector 562. Waste Management and Remediation Services.

Manufacturing means industrial operations that are engaged in the mechanical or chemical transformation of materials or substances into new products, characteristically using power driven machines and materials handling equipment. Manufacturing also means operations engaged in assembling component parts of manufactured products, if the new product is neither a structure nor other fixed improvement. Also included is the blending of material, such as lubricating oils, plastics, resins or liquors. A new product may be finished as in ready for utilization or consumption, or it may be semi-finished to become a raw material for use in further manufacturing activities. Manufacturing products are not for direct sale to the domestic consumer.

Residential means a structure or structures solely dedicated to the housing of a person or persons to live, cook and/or sleep within on a permanent basis, as either owner, renter or lessee provided, however, that adult congregate living facilities, retirement homes, nursing homes and other structures operated by a social service organization to provide residential care to children, the aged, the destitute and the physically, mentally and/or emotionally challenged shall be considered to be commercial land uses as defined herein.

(Ord. No. 01-67, § 1, 10-30-01)

A violation of this division shall be an offense punishable according to law; however, in addition to or in lieu of any criminal prosecution, the county or any feepayer shall have the power to sue in civil court to enforce the provisions of this division.

(Ord. No. 01-67, § 1, 10-30-01)

If any section, phrase, sentence or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this division.

(Ord. No. 01-67, § 1, 10-30-01)

(a)

Any person who, after the effective date of the ordinance from which this division is derived, seeks to develop land by applying for a building permit shall be assessed an library facilities impact fee and shall be required to pay the library facilities impact fee in the manner and amount set forth in this division.

(b)

No building permit for any activity requiring payment of an impact fee pursuant to section 62-889 shall be issued unless and until the library facilities impact fee required by this section has been assessed and a notice of assessment has been signed by the person applying for the issuance of the building permit. Payment of the library facilities impact fee shall be as specified in section 62-890.

(Ord. No. 01-67, § 1, 10-30-01)

(a)

At the option of the feepayer, the amount of the fee imposed by this division may be determined by the following fee schedule:

SCHEDULE OF LIBRARY FACILITIES IMPACT FEES

If the type of residential development activity for which a building permit is applied for is not specified on the fee schedule set out in this subsection, the county manager shall use the fee applicable to the most nearly comparable type of land use on the fee schedule.

(b)

If a feepayer opts not to have the impact fees determined according to subsection (a) of this section, then the feepayer shall prepare and submit to the county manager an independent fee calculation study for the land development activity for which a building permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats for such a study established by the county manager.

(Ord. No. 01-67, § 1, 10-30-01)

(a)

The person applying for the issuance of a building permit shall pay the fee assessed pursuant this division to the county manager prior to the issuance of a certificate of occupancy. No certificate of occupancy shall be issued until all assessed impact fees are paid. The obligation to pay the fee shall run with the land.

(b)

All funds collected shall be properly identified by library facilities impact fee district and promptly transferred for deposit in the appropriate Library facilities impact fee trust fund, to be held in separate accounts as determined in section 62-892 and used solely for the purposes specified in this division.

(c)

In lieu of all or part of the library facilities impact fee, the board of county commissioners may accept the offer by a feepayer to donate land or construct all or part of an library capital improvement project shown in the county comprehensive plan or appropriate to the implementation thereof. This offer shall not include the construction of any site-related improvements. Such construction must be in accordance with county, municipal or state design standards, whichever are applicable. The feepayer shall submit a project description in sufficient detail, including competitive bids if so requested, to allow the county manager to establish an engineering and construction cost estimate. The county manager shall credit this estimated cost or the actual cost of this construction, whichever is lower, against the library facilities impact fee otherwise due. The offer shall not constitute payment of the library facilities impact fee unless and until it is accepted by the board of county commissioners and the feepayer has dedicated or conveyed any and all land pursuant to the offer as accepted and has posted security, as provided in this subsection, for the construction of any and all other capital improvements pursuant to the offer as accepted. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with the board of county commissioners in an amount approved by the board equal to 110 percent of the full cost of such construction. If the library construction project will not be constructed within one year of the acceptance of the offer by the board of county commissioners, the amount of the security shall be increased by ten percent compounded for each year or fraction thereof of the life of the security. The security shall be reviewed and approved by the county attorney's office prior to acceptance of the security by the board.

(Ord. No. 01-67, § 1, 10-30-01)

There is hereby established one library facilities impact fee district encompassing all of Brevard County.

(Ord. No. 01-67, § 1, 10-30-01)

(a)

There is hereby established a library facilities impact fee trust fund, for the library facilities impact fee district established by section 62-891.

(b)

Funds withdrawn from this account must be used in accordance with the provisions of section 62-893.

(Ord. No. 01-67, § 1, 10-30-01)

(a)

The collecting and administering governmental units shall be entitled to up to but not more than five percent of the funds collected under this division to compensate them for the administrative expense of collecting the fee and administering this division. All remaining funds collected from library facilities impact fees shall be used for the purpose of capital improvements to library facilities under the jurisdiction of the county, and not for maintenance or operations. Such acquisitions and improvements shall be the type as are made necessary by new growth and development in the county.

(b)

Funds shall be used exclusively for capital improvements within the library facilities impact fee district from which the funds were collected. Funds shall be expended in the order in which they are collected.

(c)

Each fiscal period, the county manager shall present to the board of county commissioners a proposed capital improvement program for library facilities, assigning funds, including any accrued interest, from the library facilities impact fee trust fund to specific library facilities improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the library facilities impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this division.

(Ord. No. 01-67, § 1, 10-30-01)

(a)

If a building permit expires, then the feepayer, or his heirs, successors or assigns, shall be entitled to a refund of the library facilities impact fee paid as a condition for its issuance, except that the county shall retain five percent of the fee to offset the costs of refunding.

(b)

Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the library facilities impact fee payment was received shall, upon application of the current owner, within 180 days of expiration of the six-year period, be returned to the current owner with interest at the rate of six percent per annum.

(Ord. No. 01-67, § 1, 10-30-01)

(a)

Exemptions. The following shall be exempted from payment of the library facilities impact fee:

(1)

Alteration or expansion of an existing building where no additional units are created and where the use is not changed.

(2)

The construction of accessory buildings or structures where no additional units are created.

(3)

The new replacement of a residential land use with a new unit of the same type and use.

(4)

Any nonresidential building or structure.

(5)

The construction of publicly owned government buildings which are utilized in their entirety for public purposes.

An exemption must be claimed by the feepayer at the time of the issuance of a building permit or mobile home permit. Any exemption not so claimed shall be deemed to be waived by the feepayer.

(b)

Credits. No credit shall be given for site-related improvements.

(Ord. No. 01-67, § 1, 10-30-01)

The fee schedule contained in section 62-849 shall be reviewed by the board of county commissioners at least once each fiscal biennium.

(Ord. No. 01-67, § 1, 10-30-01)

(a)

This division shall be known and may be cited as the Brevard County Educational Facilities Impact Fee Ordinance.

(b)

The board of county commissioners has the authority to adopt this division pursuant to Fla. Const. art. VIII and F.S. chs. 125 and 163.

(c)

The provisions of this division and the educational facilities impact fees established herein shall apply in both the unincorporated area of the county and to the incorporated areas of the county.

(Ord. No. 04-34, § 1, 8-10-04)

(a)

This division is intended to implement and be consistent with the county comprehensive plan, as amended from time to time.

(b)

The purpose of this division is to ensure that new residential development bears a proportionate share of the cost of the capital expenditures necessary to provide public elementary and secondary school facilities including those utilized by charter schools necessitated by that new residential growth in the county.

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 05-29, § 1, 7-12-05)

Based on information provided by the school board, the board of county commissioners makes the following findings and determinations:

(1)

Under established levels of service for educational facilities, the existing educational infrastructure is not adequate to accommodate students anticipated to reside in the county as a result of new residential development.

(2)

Existing revenue sources available for the construction of additional educational facilities are not sufficient to fund construction of the educational facilities necessary to accommodate the students anticipated to reside in new development.

(3)

New development should contribute its fair share of the costs of providing new educational facilities necessary to accommodate the students anticipated to reside in new development.

(4)

Impact fees provide a reasonable method of regulating new development in the county to ensure that such new development pays its fair share of the capital costs of governmental services and facilities necessary to accommodate the new development.

(5)

The impact fees set forth in this division are not established at a rate to correct existing deficiencies.

(6)

The impact fees set forth in this division establish a fair and conservative method of assessing new development its fair share costs.

(7)

The impact fees will not fully pay for the costs of educational facilities necessitated by new development, and the school board and board of county commissioners recognize that the shortfall will have to come from other revenue sources.

(8)

The educational facilities impact fee benefit districts established in this division ensure that capital improvements to the educational system will benefit the development located within each district.

(9)

The board of county commissioners finds that residential communities where restrictions limiting the age of residents to 55 years of age and older have been legally recognized as having no impact on educational facilities and that, consequently, an educational facilities impact fee exemption should be established for such facilities.

(10)

The board of county commissioners finds that an educational facilities impact fee incentive for low income and very low income families under specific circumstances will implement the goal of providing affordable housing for low and very-low income homebuyers, as set forth in following criteria contained in policy 1.1 of the housing element in the Brevard County Comprehensive Plan:

a.

Ensure that homes purchased by low and very-low income homebuyers are brought up to Section 8 Housing Quality Standards or higher.

b.

Encourage mortgage lenders to invest mortgage dollars in housing for low and very-low income families.

c.

Encourage mortgage lenders to investigate and utilize existing programs, such as Fannie Mae, for low income homebuyers.

(11)

The board of county commissioners finds that formation of municipal-operated charter schools are one method of reducing school and classroom overcrowding and offsetting the high cost of educational facilities in Brevard County.

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 05-29, § 2, 7-12-05; Ord. No. 16-19, § 1, 10-4-16)

(a)

The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

(b)

For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply to the text of this division:

(1)

In case of any difference of meaning or implication between the text of this division and any caption, illustration, summary table or illustrative table, the text shall control.

(2)

The term "shall" is always mandatory and not discretionary; the term "may" is permissive.

(3)

Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(4)

The term "used for" includes the term "arranged for," "designed for," "maintained for" or "occupied for."

(5)

The term "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar legal entity.

(6)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected terms, conditions, provisions or events shall apply.

b.

The term "or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

c.

The term "either … or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.

(7)

The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(8)

The term "county manager" means the county manager or the county officials he or she may designate to carry out the administration of this division.

(9)

The land use types listed in section 62-929 shall have the same meaning as under article VI of this chapter.

(Ord. No. 04-34, § 1, 8-10-04)

As used in this division, the following words shall have the following meanings, unless some other meaning is plainly intended:

Area median income means the median family income in the county, adjusted for family size, as published by the U.S. Department of Housing and Urban Development annually.

Attached residential dwelling includes "single-family attached residential", "duplex" and "dwelling, multi-family" as defined in section 62-1102, provided, however, that for the purposes of this division residential social service facilities, adult congregate living facilities, retirement homes, nursing homes, and other structures operated by a social service organization to provide residential care to children, the aged, the destitute, and the physically, mentally and/or emotionally challenged, for the purposes of this division, shall not be considered to be attached residential dwellings. For the purposes of this division, attached residential dwelling units shall include any addition or alteration to an existing structure that creates one or more additional non-exempt dwelling units.

Building official means the person designated as such by the county or by any municipality within the county.

Building permit means a permit for the construction of a residential building or for the installation of a mobile home that has been issued by the building official.

Capital improvement includes land acquisition, architecture and engineering services, site improvements, construction of buildings, acquisition of educational furnishings and equipment, and school buses, but excludes maintenance and operation of such improvements.

Certificate of completion means a certificate issued by the building official after the final inspection has verified that the construction has been completed in accordance with the requirements of the building code but for which a certificate of occupancy is not required.

Certificate of occupancy means a certificate issued by the building official after the final inspection has verified that the construction has been completed in accordance with the requirements of the building code.

Charter school means a public school created pursuant to the requirements of F.S. § 1002.33.

Eligible educational facilities and capital improvements means those educational facilities or related capital improvements that are necessitated by new growth and development in the benefit district or county and that are:

(1)

Under the jurisdiction of the school board;

(2)

Owned or leased by the school board; or

(3)

Charter schools approved by the school board pursuant to Florida Statutes, including those operated by a municipality, that have been specifically created to mitigate the education impact created by the development of new residential units.

Fee payer means a person commencing a residential development activity by applying for a building permit or a permit for installation of a mobile home.

Manufactured home shall have the same meaning as "manufactured home" in F.S. § 320.01(2)(b), which reads:

Manufactured Home means a mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act.

Mobile home shall have the same meaning as "mobile home" in section 62-1102.

Municipality-operated charter school means a public school created pursuant to the requirements of F.S. § 1002.33(15).

New single family detached dwelling includes new "dwelling, single-family" and "modular factory-built home" as defined in section 62-1102, provided, however, that for the purposes of this division residential social service facilities, adult congregate living facilities, retirement homes, nursing homes, and other structures operated by a social service organization to provide residential care to children, the aged, the destitute, and the physically, mentally and/or emotionally challenged shall, for the purposes of this division, shall not be considered to be new single family residences. For the purposes of this division, new single family detached residential dwelling units shall include any addition or alteration to an existing structure that creates and one or more additional non-exempt dwelling units.

Permanent as used to modify the term "resident" or "basis" means a period of at least six months and one day in any year.

School board means the district school board of the county or any entity created by that board for the purposes of owning or leasing educational facilities or capital improvements.

Tentative District Educational Facilities Plan shall have the same meaning as "Tentative District Educational Facilities Plan" in F.S. § 1013.35(1)(c), as amended from time to time, which reads as follows:

Tentative District Educational Facilities Plan means the comprehensive planning document prepared annually by the district school board and submitted to the Office of Educational Facilities and SMART Schools Clearinghouse and the affected general-purpose local governments.

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 05-29, § 3, 7-12-05)

(a)

Any person who applies for a building permit for a new single-family detached residence, attached residential dwelling, manufactured home or mobile home after the effective date of this division shall be required to pay an educational facilities impact fee in the manner and amount set forth in this division.

(b)

Unless a municipality has entered into an interlocal agreement with the county obligating the municipality to require the person applying for a municipal building permit to obtain an educational facilities impact fee proof of payment receipt from the county prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, no building permit shall be issued for a new single-family detached residence, new attached residential dwelling, manufactured home or mobile home until the educational facilities impact fee has been paid to the county as required by section 62-928.

(c)

Unless a municipality has entered into an interlocal agreement with the county obligating the municipality to require the person applying for a municipal building permit to obtain an educational facilities impact fee proof of payment receipt from the county prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, a municipality accepting a building permit application shall be responsible for requiring the applicant to obtain an educational facilities impact fee proof of payment receipt from the county and present it to the municipality prior to the issuance of the building permit. A municipality shall be responsible for paying the educational impact fee for any property where that municipality has failed to obtain an educational facilities impact fee proof of payment receipt prior to the issuance of a building permit and, as a result of those actions, has caused the county to be unable to collect the educational facilities impact fee that would have otherwise been payable for that property.

(d)

Unless a municipality has entered into an interlocal agreement with the county obligating the municipality to require the person applying for a municipal building permit to obtain an educational facilities impact fee proof of payment receipt from the county prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, every city accepting a building permit application shall be responsible for collecting and transmitting to the county all documentation necessary to establish an exemption from the required payment of an educational fee in accordance with the provisions of this division.

(e)

Unless a municipality has entered into an interlocal agreement with the county obligating the municipality to require the person applying for a municipal building permit to obtain an educational facilities impact fee proof of payment receipt from the county prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, every municipality shall provide the county with a report on or before the fifteenth day of each month that identifies all building permits issued by the municipality for new single family detached residences, new attached residential dwellings, manufactured homes or mobile homes during the preceding month.

(Ord. No. 04-34, § 1, 8-10-04)

(a)

The amount of the fee imposed by this division shall be determined by the following fee schedule unless the fee payer provides an impact fee study in accordance with subsection (b) below:

SCHEDULE OF EDUCATIONAL FACILITIES IMPACT FEES

(b)

If a fee payer opts not to have the impact fees determined according to subsection (a) of this section, then the fee payer shall prepare and submit to the county manager an independent fee calculation study for the residential development activity for which a building permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats for such a study established by the county manager. The prescribed methodologies and formats established by the county manager for independent fee calculation studies shall ensure that the calculation of student generation rates and/ or educational impacts is representative of a statistically significant percentage of similar residential types found in Brevard County and is consistent with the methodologies utilized in the Brevard County School Impact Fee Study. If the county manager concludes that the independent fee calculation study submitted by the fee payer represents an accurate calculation of the fiscal impacts of the new residential development activity, then the educational facilities impact fee may be adjusted accordingly for the fee payer's property.

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 16-19, § 2, 10-4-16)

(a)

Any person receiving a building permit for which an educational facilities impact fee has been assessed shall pay the assessed fee to the board of county commissioners prior to the issuance of a certificate of occupancy for the permitted residential building or, in the case of a mobile home, prior to the issuance of a certificate of completion or other document evidencing completion. Neither Brevard County nor any municipality in Brevard County shall issue either a certificate of occupancy for a residential building or a certificate of completion for a mobile home installation until all assessed educational facilities impact fees have been paid. The obligation to pay the fee shall run with the land.

(b)

All funds collected shall be properly identified by educational facilities impact fee district; promptly transferred for deposit in the appropriate educational facilities impact fee trust fund, to be held in separate accounts as determined in section 62-930; and used solely for the purposes specified in this division.

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 16-19, § 3, 10-4-16)

There are hereby established two educational facilities impact fee benefit districts with boundaries as shown below.

Benefit District 1

Benefit District 2

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 16-19, § 4, 10-4-16)

(a)

There is hereby established an educational facilities impact fee trust fund for each of the two educational facilities impact fee benefit districts established by section 62-929.

(b)

Funds withdrawn from these accounts must be used in accordance with the provisions of section 62-931.

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 16-19, § 5, 10-4-16)

(a)

The county shall be entitled to retain up to but not more than two and one-half percent of the funds collected under this division as compensation for the administrative expense of collecting the fee and administering this division. All remaining educational facilities impact fees shall be disbursed to the school board according to the terms of the interlocal agreement between the board of county commissioners and the school board unless the board of county commissioners has specifically authorized the expenditure of a portion of the remaining fees on the construction of a facility to be utilized by a charter school specifically created to mitigate for the educational impact created by the development of new residential units. Upon application by a residential developer and a charter school approved by the school board, including one operated by a municipality, that clearly demonstrates eligibility for educational facility impact fee funding pursuant to the requirements of F.S. § 1002.33(18)(f), the board of county commissioners may authorize the expenditure of educational facility impact fees paid within that residential development, on the construction of facilities that will be utilized by the charter school. The amount of any educational facilities impact fees expended on the construction of a charter school facility shall be the sole discretion of the board of county commissioners.

The distributed funds shall only be used to fund those eligible educational facilities and capital improvements identified in the tentative district educational facilities plan as annually adopted by the school board except as otherwise provided herein. Educational impact fees shall not be used for the maintenance or operation of educational facilities; for the construction of educational facilities that are required to eliminate existing overcrowding or level of service deficiencies; or for the construction of educational facilities that are not under the jurisdiction or ownership, whether by lease or purchase, of the school board with the exception of charter schools, including those operated by a municipality, created to mitigate the educational impact caused by the development of new residential dwelling units to which educational impact fees have been allocated by the board of county commissioners specifically. Unless a municipality has entered into an interlocal agreement with the county obligating the municipality to require the person applying for a municipal building permit to obtain an educational facilities impact fee proof of payment receipt from the county prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, for any property where a building permit has expired and the residential unit has not been completed, each municipality shall be responsible for notifying the county of the building permit expiration, that a refund is due and that a release a lien should be recorded.

(b)

Funds shall be used exclusively for the construction of eligible educational facilities or capital improvements that are located within the educational facilities impact fee district from which the funds were collected or for the construction of the proportionate share of eligible educational facilities or capital improvements located in another district that will serve the district from which the funds were collected. Funds shall be expended in the order in which they are collected within each educational facilities impact fee benefit district.

(c)

Each fiscal period, the superintendent of the school board shall transmit to the board of county commissioners, the adopted tentative district educational facilities plan in which educational facility impact fee funds, including any accrued interest, from the educational facilities impact fee trust funds, are assigned to specific eligible educational facilities capital improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the educational facilities impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this division.

(d)

In the event that a facility constructed for use as a charter school, including one operated by a municipality, ceases to be used for public educational purposes and ownership of the facility has not reverted to the school board, the charter school that operated the facility is required to refund, the full amount of any educational facilities impact fees that it has received to the county unless the school board and the charter school have contractually agreed to an alternate school related use of the facility. Such refund shall be due within 180 days of the date that the charter school ceases to be used for public educational purposes.

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 05-29, § 4, 7-12-05)

(a)

If a building permit expires prior to the time that a new single-family detached residence or attached residential dwelling is substantially complete or prior to the time that a mobile home or manufactured home is installed or complete, the fee payer, or his heirs, successors or assigns, may either request a refund of any prepaid educational facilities impact fee assessed, less an administrative fee equal to five percent of the total fee which represents the administration costs for refunding, or assign credit for prepayment of the impact fee to any subsequent purchaser or owner.

(b)

Any funds not expended or encumbered by the end of the calendar quarter encompassing the six-year anniversary of the date the educational facilities impact fee payment was paid to the county shall, upon application of the current homeowner which must be made within 180 days after the expiration of said six-year period, be returned to the current owner with interest at the rate actually received by the county and/or the school board during the period during which the funds were actually held.

(Ord. No. 04-34, § 1, 8-10-04)

(a)

Exemptions. The following shall be exempted from payment of the educational facilities impact fee:

(1)

Alteration or expansion of an existing residential building where no additional dwelling units are created.

(2)

The construction of accessory buildings or structures where no additional dwelling units are created.

(3)

The replacement of an existing residential building, including those partially or entirely damaged or destroyed, with a new unit of the same type and use.

(4)

Any nonresidential building or structure.

(5)

The construction of government owned residential buildings, which are utilized m their entirety for public purposes.

(6)

Any new single-family detached residence, attached residential dwelling, manufactured or mobile home located in a development that provides significant facilities and services designed to meet the physical or social needs of older persons and where, by recorded deed restriction, recorded declaration of covenants and restrictions, recorded plat restriction or recorded by-laws that require at least one person in each residence to be age 55 or older and that prohibit any person that has not achieved the age of 18 years to reside on a permanent basis. The fee payer must claim an exemption at the time of the application for a building permit or permit for the installation of a manufactured or mobile home. Any exemption not so claimed is considered waived by the fee payer. In the event that the recorded age 55 and older restriction is breached or otherwise modified within the 30-year period following recording such that a person less than 18 years of age is allowed to reside on a permanent basis in any dwelling unit, the educational facilities impact fee in effect for that dwelling unit at the time of the change of circumstances shall be due and payable.

(b)

Credits. Upon the recommendation of the school board, the board of county commissioners may award a credit against the educational facilities impact fees to be assessed on a particular residential development project if the school board has accepted the offer of a developer to donate land and/ or construct all or a part of an eligible educational facility shown in the tentative district educational facilities plan or appropriate to the implementation thereof. The amount of credit awarded shall not exceed the appraised value of donated land at the time of donation or the actual cost of constructing the educational facility. The board of county commissioners may require appraisals, engineering and construction documentation, and competitive bid documents to determine the amount of credit awarded.

(1)

No credit shall be granted for any costs, contribution, payment, construction or land received by the school board of Brevard County if said costs, contribution, payment, construction or land dedication is received or made before a credit agreement is approved by the board of county commissioners and fully executed by all applicable parties. Any claim for credit not so made and approved shall be deemed waived.

(2)

Credit shall only be awarded for the construction of or land donations for eligible educational facilities.

(3)

To the extent not waived by the provisions of subsection 62-933(b)(1) above, when a development of regional impact (DRI) development order includes exactions for eligible educational facilities or sites, the board of county commissioners shall award the developer a credit against the educational facilities impact fees assessed within the DRI in an amount equivalent to the value of the exactions at the time that they were accepted by the school board.

(4)

When an existing residential use is demolished and replaced by a different type of residential use, the fee payer shall be entitled to a redevelopment credit. The redevelopment credit shall be calculated as the dollar amount difference between the educational impact fee rate for the new use and the educational impact fee rate for the demolished use as established by section 62-927. In the event that the educational impact fee rate for the demolished use exceeds the educational impact fee rate for the new use, no refund shall be given.

(c)

Incentives. As an incentive to promote the construction of new housing that is affordable to lower income households, the board of county commissioners establishes the following incentives, subject to the availability of budgeted funds, on a first-come, first-served basis.

(1)

For homebuyers with a family income of at least 66 percent but not more than 80 percent of the area median income, the board of county commissioners may provide a loan in the amount of 25 percent of the educational facilities impact fee due on the property. This loan shall carry an interest rate of zero percent and shall be forgiven at a rate of ten percent of the original amount for each year that the original homebuyer resides on the property. The homebuyer shall pay the remaining 75 percent of the educational facilities impact fee according to the provisions of this division.

(2)

For homebuyers with a family income of at least 51 percent but not more than 65 percent of the area median income, the board of county commissioners may provide a loan in the amount of 50 percent of the educational facilities impact fee due on the property. This loan shall carry an interest rate of zero percent and shall be forgiven at a rate of ten percent of the original amount for each year that the original homebuyer resides on the property. The homebuyer shall pay the remaining 50 percent of the educational facilities impact fee according to the provisions of this division.

(3)

For homebuyers with a family income of not more than 50 percent of the area median income, the board of county commissioners may provide a loan in the amount of 75 percent of the educational facilities impact fee due on the property. This loan shall carry an interest rate of zero percent and shall be forgiven at a rate of ten percent of the original amount for each year that the original homebuyer resides on the property. The homebuyer shall pay the remaining 25 percent of the educational facilities impact fee according to the provisions of this division.

(4)

A property owner applying to qualify for the incentive loan provided for in this subsection shall, upon county approval of the application, execute a notice of assessment setting forth the balance of the educational facilities impact fee that remains unpaid. The notice shall be in recordable form and the county shall record the notice in the official records of the county. Upon execution, the notice of assessment shall constitute a lien for the balance of the educational facilities impact fee that is due under the terms and conditions of this subsection. If the property owner qualifying for the incentive provided for herein continuously resides on the qualified property for the full ten-year term thereby causing the forgiveness of the loan in accordance with this subsection, the county shall cause a release of lien to be recorded. If the property owner qualifying for the incentive ceases to continuously reside on the qualified property at any time, the balance of the impact fee loan outstanding at that time shall be due and payable by the owner of the qualified property or, in the case of a sale, by their successor in title to the qualified property.

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 16-19, § 6, 10-4-16)

A violation of this division shall be an offense punishable by a fine of $500.00, provided that each day that a person is not in compliance with the division shall be deemed to constitute a separate violation of the division. In addition to or in lieu of any criminal prosecution, the county or any fee payer shall have the power to sue in civil court to enforce the provisions of this division.

(Ord. No. 04-34, § 1, 8-10-04)

The board of county commissioners shall review the fee schedule contained in section 62-927 at least once every five years.

(Ord. No. 04-34, § 1, 8-10-04)