The town council makes the following findings in support of the creation of this article and the adoption and imposition of roads, police, public buildings, and parks impact fees:

(1)

New development and growth in the town can add to and help maintain the quality of life in the town under a balanced growth management program.

(2)

Effective growth management is promoted when adequate public facilities are available to serve new growth coincident with the impacts of that growth.

(3)

The town council has caused an impact fee report, based upon the most recent and localized data, in support of the impact fee ordinance to be completed and submitted to the town.

(4)

As set forth in the impact fee report:

a.

New development should assume a fair share of the cost of providing adequate roads, police, public buildings, and parks impact fees.

b.

Impact fees are an equitable and appropriate means to help finance the capital costs of additional and expanded facilities needed to serve new development.

(5)

The implementation of roads, police, public buildings, and parks impact fees, that requires new development to contribute its fair share of the cost of capital improvements necessitated by growth caused by such development, promotes the general welfare of all town residents.

(6)

The provision of roads, police, public buildings, and parks facilities which are adequate for the needs of growth caused by new development promotes the general welfare of all town residents and constitutes a public purpose.

(7)

The imposition of roads, police, public buildings, and parks impact fees, that requires new development to contribute its fair share of the cost of required capital improvements, serves as a regulatory tool that promotes the timing and management of growth in the town.

(8)

Ad valorem tax revenue and other revenues will not be sufficient to provide the additional capital improvements for the roads, police, public buildings, and parks facilities which are necessary to accommodate new development.

(9)

The impact fee report provides an adequate and lawful basis for the adoption and imposition of roads, police, public buildings, and parks facilities impact fees in accordance with this article.

(Ord. No. 09-15, § 2A, 10-21-2009)

As a condition of the issuance of a building permit for new development, the person, firm or corporation who or which has applied for the building permit shall pay to the town, the roads, police, public buildings, and parks impact fees as set forth in the provisions of this article.

(Ord. No. 09-15, § 2B, 10-21-2009)

For the purpose of this article, certain terms and words are defined. Additionally, words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular:

Building permit means a permit issued by the building official for the construction, enlargement, alteration, modification, repair, movement, demolition, or change in the occupancy of a building or structure.

Capital improvements means physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale, high in cost, and have an estimated useful life in excess of one year. The cost of a capital improvement is generally nonrecurring and may require multiyear financing.

Feepayer means any person, firm, or corporation intending to commence new development and, during the life of the development, applies for the issuance of a building permit.

Impact fee report means the technical memorandum on the methods used to establish road, public safety, park, and public buildings impact fees for the town prepared by James C. Nicholas, Ph.D., dated August 7, 2009, which establishes the basis for the fair share of capital facilities costs attributable to new development based upon standard and appropriate methodologies, and on file in the town clerk's office.

New development means the carrying out of any building activity or the making of any material change in the use or appearance of any building or structure or land, which results in an additional impact or demand on roads, police, public buildings, and parks facilities.

(Ord. No. 09-15, § 2C, 10-21-2009)

There is assessed, charged, imposed, and enacted roads, police, public buildings, and parks impact fees on all new development occurring within the town. These fees will be assessed, charged, or imposed in accordance with the fee schedule provided below:

(Ord. No. 09-15, § 2D, 10-21-2009)

The impact fees shall be paid to the town by the feepayer at the time the building permit is issued.

(Ord. No. 09-15, § 2E, 10-21-2009)

(a)

All fees collected by virtue of this article and any interest earned on them shall be deposited in four special and separate trust accounts to be designated, "roads impact fees account," "police impact fees account," "public buildings impact fees account," and "parks impact fees account," respectively. Funds from these accounts may be expended for land acquisition for the respective facilities. Funds from these accounts may also be expended for the construction of capital improvements for the respective town roads, police, public buildings, and parks impact fees facilities, and the remodeling or enlargement of existing facilities and the equipping of same, all of which being necessitated by the impact of new construction and additional population. However, funds withdrawn from an account must be expended on the specific facilities for which the fees were collected.

(b)

In addition to the foregoing, funds from these accounts may be expended for retirement of loans and/or bonds that may be issued to finance the capital improvements herein contemplated. Furthermore, these funds may be expended for architectural, engineering, legal and other professional fees and expenses related to capital improvements. However, the town shall not expend funds from any of these accounts for maintenance, repairs, salaries, or other noncapital or noncapital-related items. Each and every expenditure of funds from these accounts shall be authorized by the town manager.

(Ord. No. 09-15, § 2F, 10-21-2009)

The town's finance director shall keep an accurate accounting and reporting of impact fee collections and expenditures within the town. The town shall retain up to three percent of the impact fees collected to offset the costs of collecting the impact fees and administering the provisions of this article. Audits of the town's financial statements which are performed by a certified public accountant pursuant to F.S. § 218.39, as amended, that are submitted to the auditor general must include an affidavit signed by the finance director stating that the town has complied with F.S. § 163.31801, as amended.

(Ord. No. 09-15, § 2G, 10-21-2009)

(a)

Upon application of the property owner, the town shall refund that portion of any impact fee which has been on deposit over six years and which is unexpended and uncommitted, except as described in subsection (b) of this section. The refund shall be made to the then-current owner or owners of lots or units of the development project or projects.

(b)

If fees in any impact fee account are unexpended or uncommitted during the sixth year, the fees are exempt from subsection (a) of this section if the town council makes the following findings:

(1)

A need for the capital improvement still exists;

(2)

The fees will be used for an identified purpose within two years; and

(3)

The purpose for which the fees will be used is substantially similar to the purpose for which the fees were collected.

(c)

The town may refund by direct payment by offsetting the refund against other impact fees due for development projects by the owner on the same or other property, or otherwise by agreement with the owner.

(Ord. No. 09-15, § 2H, 10-21-2009)