A.

The purpose of this section is to regulate the use and development of land to ensure that new development bears a proportionate share of the cost of capital expenditures to provide capital facilities made necessary by the new development.

B.

Prior to issuance of a building permit for development in the Village, an applicant shall pay all impact fees required under this section. No building permit shall be issued until all impact fees required under this section are paid.

C.

Development that has submitted an application for a building permit shall pay the impact fee for the proposed development in effect on the date the application is determined complete.

D.

The United States, the State of Florida, and the School Board of Lee County are exempted from the payment of impact fees.

A.

Applicability and Exemptions.

1.

The following are exempt from payment of the road impact fee. Any exemptions shall be claimed by the feepayer before the issuance of a building permit.

A.

Alterations or expansion of an existing building or use of land where no additional living units will be produced, where the use is not changed, and where the alteration or expansion will not produce more vehicular trips than the existing use.

B.

Construction of accessory buildings or structures that will not produce more vehicular trips than those produced by the principal building or use of the land.

C.

The replacement of an existing lawfully permitted building, mobile home, park trailer, or structure, provided that no additional vehicular trips will be produced than those produced by the original use of the land.

D.

A building permit for which the road impact fee has been or will be paid or provided for in accordance with a written agreement, development approval, development order, or permit that, by its written terms, clearly and unequivocally was intended to provide for the full mitigation of the projected impact.

2.

In the case of structures, mobile homes, or park trailers that are moved from one location to another, a road impact fee shall be collected for the new location if the structure, mobile home, or park trailer constitutes one of the land development uses listed in subsection B below, regardless of whether road impact fees had been paid at the old location, unless the use at the new location is a replacement of an equivalent use. If the structure, mobile home, or park trailer moved is replaced by an equivalent use, no road impact fee is owed for the replacement use. In every case, the burden of proving past payment of road impact fees or equivalency of use rests with the feepayer.

B.

Computation of Amount.

1.

Schedule. Unless the feepayer elects to provide an independent calculation in accordance with this section, the amount of the road impact fee shall be determined by the schedule set forth in Table 8-102.B: Road Impact Fee Schedule. The reference in the schedule to square feet refers to the gross square footage of each floor of a building measured to the exterior walls, and not usable, interior, rentable, non-common, or other forms of net square footage. The reference in the schedule to mobile home/RV park site refers to the number of mobile home or recreational vehicle sites permitted by the applicable approved development order.

2.

If the type of development activity for which a building permit is applied is not specified on the fee schedule set out in this section, the Director will use the fee applicable to the most nearly comparable type of land use on the fee schedule set out in this subsection. The Director shall be guided in the selection of a comparable type by the ITE "Trip Generation" Manual (latest edition), studies or reports done by USDOT or FDOT, and articles or reports appearing in the ITE Journal and other reliable sources. If the Director determines that there is no comparable type of land use on the fee schedule set out in this subsection, then the Director shall determine the fee by:

A.

Using traffic generation statistics or other relevant data from the sources named in this subsection; and

B.

Applying the formula set forth in subsection 5 below.

3.

The road impact fee for a change of use, redevelopment, or modification of an existing use shall be based upon the net increase in the impact fee for the new use as compared to the previous use. However, no impact fee refund or credit will be granted if a net decrease results.

4.

If the road impact fee has been calculated and paid based on error or misrepresentation, it shall be recalculated and the difference refunded to the original feepayer or collected by the Village, whichever is applicable. If road impact fees are owed, no Village permits of any type shall be issued for the building or structure in question, or for any other portion of a development of which the building or structure in question is a part, until impact fees are paid. The Building Official may bring any action permitted by law or equity to collect unpaid fees.

5.

If a feepayer opts to have the impact fee determined through an independent study, then the feepayer shall prepare and submit such study to the Director. The study shall measure the impact of the development in question on the affected road system(s) by following prescribed methodologies and formats for the study acceptable to the Director. The feepayer shall attend a pre-application meeting with the Director to discuss the traffic engineering and economic documentation required to substantiate the request. The traffic engineering and economic documentation submitted shall address all aspects of the impact fee formula that the Director determines to be relevant in defining the project's impacts at the pre-application meeting and shall show the basis upon which the independent fee calculation was made, including but not limited to the following:

A.

Traffic Engineering Studies. All independent fee calculation studies shall address the following:

1.

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

2.

Documentation of trip length appropriate for the proposed land development activity; and

3.

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

B.

All buildings, structures, and facilities capable of being used by the public shall be charged the full road impact fee set forth for that use in Table 8-102.B: Road Impact Fee Schedule. However, the Village recognizes that there are instances where a building, structure, or facility capable of public use is actually restricted to the private use of a specific development (i.e., private clubhouse dining facilities built as a planned development amenity). In these instances, a reduced impact fee may be claimed by the property owner in accordance with the following:

1.

Filing of an independent fee calculation study ultimately approved by the Director; or

2.

Acceptance by the developers and property owner, as a condition of building permit or development order approval, that:

(a)

The developer or owner shall submit documentation, acceptable to the Director, that shows the proposed private use will have no off-site road impacts;

(b)

The proposed use shall be restricted to the sole use of the residents of the subdivision by covenants acceptable to the Village Attorney and enforced by a property owners' association or similar entity;

(c)

The certificate of occupancy shall be revoked if the Director determines the proposed private use has changed in character to that of a public use, and the certificate of occupancy shall not be reinstated until the full impact fee is paid; and

(d)

The Director shall withhold all building permits and development approvals for all phases or parts of the development connected with, or entitled to use the proposed private facility until the full impact fee is paid.

C.

The impact fee schedule set forth in Table 8-102.B: Road Impact Fee Schedule, shall be updated periodically as necessary.

C.

Payment.

1.

The feepayer shall pay the road impact fees required by this section to the Building Official prior to the issuance of any building permit for which the fee is imposed, except as provided in subsections A above and H through J below.

2.

In-lieu of cash, up to 100 percent of the road impact fees may be paid with credits created in accordance with the provisions of subsections H through J below.

3.

All funds collected in accordance with this section shall be promptly transferred for deposit into the road impact fee trust fund to be held in a separate account as determined in subsection D below and used solely for the purposes specified in this section.

D.

Benefit District Established.

1.

There is hereby established one benefit district within the Village.

2.

Subdistricts may be created by further legislation.

E.

Trust Fund Account.

1.

There is hereby established a road impact fee trust fund account for the road impact fee benefit district established in subsection D above.

2.

Funds withdrawn from this account shall be used in accordance with the provisions of subsection F below.

F.

Use of Funds.

1.

Funds collected from road impact fees, including any interest earned but excluding administrative charges, shall be used for the purpose of capital improvements to approved roads. Funds shall not be used for periodic or routine maintenance. These impact fee funds shall be segregated from other funds and expended in the benefit district. Funds may be used or pledged in the course of bonding or other lawful financing techniques, as long as the proceeds raised are used for the purpose of capital improvements to approved roads. If these funds or pledge of funds are combined with other revenue sources in a dual or multipurpose bond issue or other revenue-raising device, the proceeds raised shall be divided and segregated, such that the amount of the proceeds reserved for road purposes bears the same ratio to the total funds collected that the road impact fee funds used or pledged bear to the total funds used or pledged.

2.

Each fiscal period the Manager, consistent with the provisions of any interlocal agreements made with the County or other municipalities, shall present to the Village Council a proposed capital improvement program for roads, assigning funds, including any accrued interest, from the road impact fee trust fund to specific road improvement projects. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the road impact fee trust fund until the next fiscal period, except as provided by the refund provisions of this section.

3.

The Village is entitled to charge and collect an amount equal to up to three percent of road impact fees it collects in cash, or by a combination of cash and credits, as an administrative fee to offset the costs of administering this section. This administrative charge is in addition to the impact fee amount required by this section. The applicant is responsible for payment of the administrative charge in conjunction with the payment of impact fees at the time a building permit is issued.

G.

Refund of Fees Paid.

1.

If a building permit expires, is revoked or voluntarily surrendered and therefore voided, and no construction or improvement of land (including moving a mobile home onto land) has commenced, then the feepayer is entitled to a refund of the road impact fee paid as a condition for its issuance, except that up to three percent of the impact fee paid will be retained as an administrative fee to offset the cost of processing the refund. This administrative fee is in addition to the charge collected at the time of fee payment. No interest will be paid to the feepayer on refunds due to noncommencement.

2.

Funds not expended or encumbered by the end of the calendar quarter immediately following ten years from the date the road impact fee was paid shall, upon application of the feepayer within 180 days of that date, be returned to the feepayer with interest at the rate of three percent per annum.

H.

Prepayment of Fees. Prepayment of road impact fees will be accepted by the Village as permitted by law and in accordance with the following:

1.

Prepayment is specifically required or permitted by:

A.

A DRI development order adopted in accordance with F.S. ch. 380;

B.

An agreement between the developer and Village made in accordance with Art. VII of the Fla. Const. and F.S. § 166.021; or

C.

A development agreement in compliance with F.S. §§ 163.3220—163.3243, (The Florida Local Government Development Agreement Act).

2.

Prepayment is made by certified check or cashier's check accompanied by a letter identifying the amount to be prepaid and the document allowing prepayment delivered to the Director.

3.

The Village shall issue credit equal to the prepayment, subject to the express terms of the development order, agreement, or development agreement.

I.

Deferral of Fees.

1.

Deferrals shall be limited to the following:

A.

Persons seeking building permits for a shell building may, at their option, defer payment of road impact fees until issuance of any interior completion permits.

B.

No interior completion permit shall be issued until the applicant pays the corresponding road impact fee that is due, or demonstrates to the Building Official that the road impact fee due has already been paid for the unit(s) to be completed.

2.

Deferrals shall be claimed by the feepayer at the time of the application for a building permit. Any deferrals not so claimed are deemed waived by the feepayer.

J.

Credits.

1.

General. Credits are subject to the following:

A.

Prohibition. No credit will be given for:

1.

Site-related improvements;

2.

Local roads; or

3.

Access roads needed to achieve site location standards for commercial development or for internal circulation unless required by the Village pursuant to criteria in this LDC.

B.

Capital Improvement to Approved Roads.

1.

All capital improvements for roads in the Village five-year Capital Improvements Program are eligible for road impact fee construction credits, except for those improvements deemed site-related in accordance with a participating Village or state development or zoning approval, and may generate road impact fee credits in amounts to be established in accordance with subsection C below. The right to determine whether a capital improvement will be approved for credit purposes lies exclusively with the Village Council.

2.

If the improvement is not site-related and is required under a participating Village or state development or zoning approval, credits will be given to the extent required by law.

C.

Conditions of Credit Approval. Credit for road construction or land dedication is subject to the following:

1.

Road Construction.

(a)

A request submitted for road impact fee construction credits shall include a detailed project description and complete cost estimates, prepared by a qualified professional, sufficient to enable the Manager or a designee to verify the cost estimates and determine the appropriate credit amount. The Manager or a designee may secure other engineering and construction cost estimates in order to independently determine the credit amount to recommend.

(b)

For all requests, the Manager or a designee shall make a recommendation to the Village Council on the appropriate amount of credits. Construction credits may be given at the discretion of the Village Council on a case-by-case basis if the Council finds that:

i.

The construction will not increase public infrastructure costs to serve the new development, and

ii.

Construction on the road for which credits are being sought is needed to insure adequate capacity on the Village road network.

(c)

The amount of credit approved by the Village Council is limited to the actual verified costs of construction and shall be reduced by the percentage that the new road's total capacity is expected to be utilized by local traffic from future development on adjacent lands owned or controlled by the grantor. This amount may be further reduced, at the Council's discretion, to reflect the Manager's or a designee's estimate of the value of the accelerated construction of the road in relation to the Village's schedule of planned road construction.

2.

Land Dedication.

(a)

The following documents shall be submitted to support an application for road impact fee credits applicable to land dedication for approved roads:

i.

A signed and sealed ALTA survey prepared by a licensed professional surveyor and mapper and certified to the Village, encompassing the land to be dedicated to the Village and covered by the title insurance policy;

ii.

A specimen of the deed that will be used to convey title to the appropriate governmental body;

iii.

An ALTA Form B title insurance policy in an amount equal to the approved value of the credits, to be issued by a company satisfactory to the Village Land Use Attorney and verifying that the proffered deed will convey unencumbered fee simple title to the appropriate governmental body;

iv.

Property appraisals prepared by qualified professionals that appraise the road as part of the whole development;

v.

A document from the Lee County tax collector stating the current status of the property taxes; and

vi.

An affidavit of interest in real property in accordance with F.S. § 286.23. The affidavit shall certify to the Village the name and address of every person having a beneficial interest in the real property, however small or minimal. The disclosure affidavit shall specifically identify the property to be conveyed and be sworn before a notary.

(b)

These submittals shall be reviewed by the Manager or a designee in making the decision to recommend credits or the Village Council in deciding whether to approve credits.

(c)

Except where a dedication is made in accordance with a condition of zoning approval or development of regional impact development order, the appraiser shall value the land at its then-current zoning without any enhanced value that could be attributed to improvements on the parcel. If the land in question is subject to a valid agreement, development approval, or permit prescribing a different valuation, that document will control the date of valuation. If the dedication is made in accordance with a condition of development approval or permit and is not a site-related improvement and the condition does not specifically prescribe otherwise, then the land value will be based upon the value of the land as it existed prior to the approval containing the condition of dedication. The Manager or a designee may independently determine the amount of credit to be recommended by securing other property appraisals for right-of-way dedications.

(d)

The amount of credit for dedication of right-of-way shall be limited to the minimum amount of right-of-way needed by the Village and the full value of the land in question, as determined by the methodology and procedures set out in this subsection. Credits for dedication of right-of-way may be given at the discretion of the Village Council on a case-by-case basis if the Council finds that:

i.

The dedication will not increase public infrastructure costs to serve the new development, and

ii.

Dedication (and future construction) of land for the road for which credits are being sought is needed to insure adequate capacity on the Village road network.

(e)

The amount of credit approved by the Village Council is limited to the value of the land in question, as determined by the methodology and procedures set out in this section, and may be reduced by the percentage the capacity of the road in question is reasonably expected to be utilized by local traffic from future development on adjacent lands owned or controlled by the grantor. This amount may be further reduced, at the Council's discretion, to reflect the Council's estimate of the value of the accelerated acquisition of the road in relation to the schedule of planned road construction. In every case, road impact fee credits shall be calculated consistent with F.S. § 380.06(5).

(f)

Any person seeking credits for dedication of land shall meet with the Village Land Use Attorney, the Manager or a designee, and Community Development Department staff to seek agreement on appraisal methodology and assumptions before preparing any appraisals for valuation of land to be dedicated.

D.

Timing of Credit Issuance. Credits for construction shall be created when the construction is complete and accepted by the Village for maintenance in accordance with the Village Administrative Manual or when the feepayer posts security for the costs of such construction. Credits for land dedication shall be created when the title to the land has been accepted by the Village and recorded in the official records of Lee County. No credits for construction or dedication shall be approved or created until the Village has established the location of the road in question using the procedures provided by law. Security in the form of cash, a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with the Village Council and made payable to the Village in an amount approved by the Manager or a designee equal to 110 percent of the full cost of construction. If the road construction project will not be constructed within one year of the acceptance of the offer by the Village, the amount of the security shall be increased by ten percent, compounded for each year of the life of the security. The form of the security shall be reviewed and approved by the Village Land Use Attorney prior to acceptance by the Village.

E.

Transferability.

1.

Road impact fee credits may be transferred, sold, assigned, or conveyed from one development or parcel to another that is within the same road impact fee benefit district, or to an adjoining benefit district in the Village (if one exists) if the development or parcel receiving the transfer receives benefits from the improvement or contribution that resulted in the credit (also see Village Administrative Manual). Unless a longer period is specifically authorized by the Village Council, transferable credits shall be used within ten years of the date created. The creation date is the date the instruments conveying legal title to the land or improvements given in exchange for credits were recorded in the Lee County official record book. The creation date for credits in accordance with prepayment of fees under subsection H above shall be the date the prepayment is received by the Village. Credits not used within ten years of issue shall expire.

2.

Any person who accepts credits in exchange for the dedication of land or improvements does so subject to the provisions and restrictions of this section.

F.

Withdrawal. Any person who offers land or improvements in exchange for credits may withdraw the offer prior to the transfer of legal title to the land or improvements and pay the impact fees required by this section.

2.

Documentation Required. Feepayers claiming credits shall submit documentation sufficient to permit the Director to determine whether the credits claimed are due and, if so, the amount of the credits.

3.

Timing of Credits Required to Be Claimed. Credits shall be claimed by the feepayer at the time of the application for a building permit. Any credits not so claimed will be deemed waived by the feepayer.

K.

Appeals. Decisions made by the Director in the course of administering this section may be appealed to the Village Council in accordance with Sec. 2-506.D, Appeal of Administrative Official Decision.

L.

Enforcement.

1.

A violation of this section may be enforced in accordance with the adopted code enforcement procedures (Ordinance 2015-14).

2.

Knowingly furnishing false information to the Manager or a designee, the Director, or any other Village official who is charged with the administration of this section on any matter relating to the administration of this section constitutes a violation of this section.

A.

Applicability and Exemptions. The following are exempt from payment of the park impact fee. Any exemptions shall be claimed by the feepayer before the issuance of a building permit.

1.

Alteration or expansion of an existing building or use of land, where no additional living units will be produced and where the use is not changed.

2.

The construction of accessory buildings or structures that will not produce additional living units.

3.

The replacement of an existing lawfully permitted building, mobile home, park trailer, or structure, provided that no additional living units will be produced than those produced by the original use of the land.

4.

A building permit for which the park impact fee has been or will be paid or provided in accordance with a written agreement, development approval, or permit that, by its written terms, clearly and unequivocally was intended to provide for the full mitigation of the projected impact.

5.

A building permit that does not result in an additional living unit.

B.

Imposition of Fees.

1.

Except as provided in subsections A above and I below, any person who seeks to develop land by applying to the Village for the issuance of a building permit for the purpose of making an improvement to land for one of the uses specified in subsection C below is required to pay a park impact fee in the manner and amount set forth in this section. Payment of the park impact fee is for the purpose of providing regional and community parks to accommodate this new development.

2.

No building permit for any activity requiring payment of an impact fee in accordance with subsection C below shall be issued by the Building Official unless and until the park impact fee required by this section is paid.

3.

In the case of structures, mobile homes, or park trailers that are moved from one location to another, a park impact fee shall be collected for the new location if the structure, mobile home, or park trailer constitutes one of the land development uses listed in subsection C below, regardless of whether park impact fees had been paid at the old location, unless the use at the new location is a replacement of an equivalent use. If the structure, mobile home, or park trailer moved is replaced by an equivalent use, no park impact fee is owed for the replacement use. In every case, the burden of proving past payment of park impact fees or equivalency of use rests with the feepayer.

C.

Computation of Amount.

1.

Schedule. Unless the feepayer elects to provide an independent calculation in accordance with this section, the amount of the park impact fee shall be determined by the schedule set forth in Table 8-103.C: Park Impact Fee Schedule.

2.

Under this section, park impact fees become due and payable at the time of building permit issuance. For purposes of this section, a building permit is considered "issued" when the permit meets all of the following:

A.

The permit is approved by the Building Official;

B.

The permit has been picked up by the owner or the owner's agent; and

C.

All applicable fees have been paid.

3.

When change of use, redevelopment, or modification of an existing use requires the issuance of a building permit, the park impact fee shall be based upon the increase in the impact fee for the new use as compared to the previous use. However, no impact fee refund or credit shall be granted if a net decrease results.

4.

If the park impact fee has been calculated and paid based on error or misrepresentation, it shall be recalculated and the difference refunded to the original feepayer or collected by the Village, whichever is applicable. If park impact fees are owed, no participating Village permits of any type may be issued for the building or structure in question, or for any other portion of a development of which the building or structure in question is a part, until impact fees are paid. The Village may bring any action permitted by law or equity to collect unpaid fees.

5.

The person applying for the issuance of a building permit may opt to submit evidence indicating that the fees set out in subsection 1 above are not applicable to the particular development. Based upon convincing and competent evidence, which shall be prepared and submitted in accordance with the Village Administrative Manual, the Village Council may reduce the fee, up to a maximum of 20 percent, if it is demonstrated it is appropriate for the particular development. The adjustment may include a credit of 25 percent for private recreational facilities provided to the development by the feepayer if the private recreational facilities serve the same purposes and functions as set forth in the comprehensive plan for recreation and open space.

6.

The impact fee schedule set forth in Table 8-103.C: Park Impact Fee Schedule shall be updated periodically as necessary.

D.

Payment

1.

The feepayer shall pay the park impact fee required by this section to the Building Official prior to the issuance of the building permit for which the fee is imposed, except as provided in subsections A above and I below. No building permit shall be issued by the Building Official until the impact fee is paid, except as provided in subsections A above and I below.

2.

In-lieu of cash, up to 100 percent of the park impact fee may be paid with credits created in accordance with the provisions of subsection I below.

3.

All funds collected in accordance with this section shall be promptly transferred for deposit into the park impact fee trust fund to be held as determined in subsection F below and used solely for the purposes specified in this section.

E.

Benefit District Established. For purposes of this section, there is hereby established a single Village-wide park impact fee benefit district which is coterminous with the Village boundaries.

F.

Trust Fund Account.

1.

There is hereby established a park impact fee trust fund account for the park impact fee benefit district established in subsection E above.

2.

Funds withdrawn from this account shall be used in accordance with the provisions of subsection G below.

G.

Use of Funds.

1.

Funds collected from park impact fees shall be used for the purpose of capital improvements for Village parks. Park impact fee collections, including any interest earned thereon, less administrative costs retained in accordance with paragraph 3 below, shall be used exclusively for capital improvements for parks. These impact fee funds shall be segregated from other funds and be expended in the order in which they are collected. Funds may be used or pledged in the course of bonding or other lawful financing techniques, so long as the proceeds raised are used for the purpose of capital improvements for parks. If these funds or pledge of funds are combined with other revenue sources in a dual or multipurpose bond issue or other revenue-raising device, the proceeds raised thereby shall be divided and segregated such that the amount of the proceeds reserved for park purposes bears the same ratio to the total funds collected that the park impact fee funds used or pledged bear to the total funds used or pledged.

2.

Each fiscal period the Manager shall present to the Village Council a proposed capital improvement program for parks, assigning funds, including any accrued interest, from the park impact fee trust funds to specific park projects. Monies, including any accrued interest, not assigned in any fiscal period, shall be retained in the park impact fee trust fund until the next fiscal period, except as provided by the refund provisions of this section.

3.

The Village is entitled to charge and collect an amount equal to up to three percent of the park impact fees it collects in cash, or by a combination of cash and credits, as an administrative fee, to offset the costs of administering this section. This administrative charge is in addition to the impact fee amount required by this section and is not required to be used for purposes of capital improvements. The applicant is responsible for payment of the administrative fee in conjunction with the payment of impact fees at the time a building permit is issued.

H.

Refund of Fees Paid.

1.

If a building permit expires, is revoked or voluntarily surrendered, and therefore voided, and no construction or improvement of land (including moving a mobile home onto land) has commenced, then the feepayer is entitled to a refund of the park impact fee paid in cash as a condition for its issuance, except up to three percent of the impact fee paid, which shall be retained as an administrative fee to offset the costs of processing the refund. This administrative fee is in addition to the administrative charge collected at the time of fee payment. No interest shall be paid to the feepayer on refunds due to noncommencement.

2.

Funds not expended or encumbered by the end of the calendar quarter immediately following ten years from the date the park impact fee was paid shall, upon application of the feepayer within 180 days of that date, be returned to the feepayer with interest at the rate of three percent per annum.

I.

Credits.

1.

General. Credits are subject to the following:

A.

Private Recreational Facilities. No credit shall be given for private recreational facilities, except in accordance with an application prepared and accepted in accordance with Sec. 8-103.C.5.

B.

Capital Improvements to Parks

1.

All other capital improvements for parks may generate park impact fee credits in amounts to be established in accordance with subsection 2 below. The determination of whether a capital improvement shall be approved for credit purposes lies exclusively with the Village Council unless otherwise provided in an appropriate interlocal agreement, or unless the improvement is required under a participating state or county development or zoning approval, in which case credits shall be given to the extent required by law.

2.

A request submitted for park construction shall include cost estimates prepared by qualified professionals to be used by the Manager or a designee in determining the amount of the credit the Manager or a designee recommends for approval to the Village Council.

C.

Land Dedication Credit

1.

A request submitted for a land dedication credit shall include the following:

(a)

A survey of the land to be dedicated, certified by a professional land surveyor or a registered land surveyor, each of whom are licensed in the state of Florida;

(b)

A specimen of the deed that will be used to convey title to the appropriate governmental body;

(c)

An ALTA Form B title insurance policy in an amount equal to the approved value of the credits to be issued, by a company satisfactory to the Village Land Use Attorney and verifying that the proffered deed will convey unencumbered fee simple title to the appropriate governmental body;

(d)

Property appraisals prepared by qualified professionals;

(e)

A document from the Lee County Tax Collector stating the current status of the property taxes; and

(f)

An affidavit of interest in real property in accordance with F.S. § 286.23. The affidavit shall certify to the Village the name and address of every person having a beneficial interest in the real property, however small or minimal. The disclosure affidavit shall specifically identify the property to be conveyed and be sworn before a notary.

2.

These submittals shall be reviewed by the Manager or a designee in making a recommendation to the Village Council.

3.

Except where a dedication is made in accordance with a condition of development or zoning approval or permit, appraisers shall value the land at its then-current zoning without any enhanced value that could be attributed to improvements on adjacent lands. If the land in question is subject to a valid agreement, development approval, or permit prescribing a different valuation, the agreement, zoning approval, or development order will control. If the dedication is made in accordance with a condition of zoning approval and is not a site-related improvement, and the condition does not prescribe otherwise, then the land value will be based upon the zoning of the land as it existed prior to the zoning approval containing the condition of dedication. However, the Manager or a designee retains the right to independently determine the amount of credit to be recommended by securing other engineering and construction cost estimates or property appraisals for those improvements of land dedications. In every case, park impact fee credits shall be calculated to conform with F.S. § 380.06(5).

D.

Timing of Credit Issuance. Credits for construction will be created when the construction is completed and accepted by the Village, recorded in the official records of Lee County, and accepted for maintenance, or when the feepayer posts security, as provided in this subsection, for the costs of such construction. Security in the form of cash, a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with the Village Council and made payable to the Village in an amount approved by the Manager or a designee equal to 110 percent of the full cost of such construction. If the park construction project will not be constructed within one year of the acceptance of the offer by the Village, the amount of the security shall be increased by ten percent, compounded for each year of the life of the security. The security shall be reviewed and approved by the Village Land Use Attorney prior to acceptance of the security by the Village.

E.

Transferability. Park impact fee credits may be used to pay or otherwise offset park impact fees required by this section. They may be transferred, sold, assigned, or conveyed from one development or parcel to another that is within the same park impact fee benefit district, or to an adjoining benefit district in the Village (if one exists) if the development or parcel receiving the transfer receives benefits from the improvement or contribution that resulted in the credit (also see Village Administrative Manual). Unless a longer period is specifically authorized by the Village Council, transferable credits shall be used within ten years of the date they are created. The creation date is the date the instruments conveying legal title to the land or improvements given in exchange for credits were recorded in the Lee County official record book. Credits not used within ten years of issue shall expire.

F.

Withdrawal. Any person who offers land or improvements in exchange for credits may withdraw the offer of dedication at any time prior to the transfer of legal title to the land or improvements in question, and pay the full park impact fees required by this section.

G.

Prepayment. If required or specifically permitted by the terms of a development order adopted pursuant to F.S. ch. 380, or by an agreement made by the Village in accordance with its home rule powers granted by Art. VIII of the Fla. Const. and F.S. § 166.021, or by a development agreement made in accordance with F.S. §§ 163.3220—163.3243, and any ordinance adopted under the enabling authority thereof, any person who desires to prepay park impact fees may do so by delivering a certified check or cashier's check to the Director with a letter identifying the amount of park impact fees prepaid, and receive a credit or credits equal to such prepayment subject to the express terms of such development order, agreement, or development agreement.

2.

Documentation Required. Feepayers claiming credits shall submit documentation sufficient to permit the Director to determine whether such credits claimed are due and, if so, the amount of such credits.

3.

Timing of Credits Required to Be Claimed. Exemptions or credits shall be claimed by the feepayer before the issuance of a building permit.

J.

Appeals. Any decision made by the Director in the course of administering this section may be appealed to the Village Council in accordance with Sec. 2-506.D, Appeal of Administrative Official Decision.

K.

Enforcement.

1.

A violation of this section may be enforced in accordance with the adopted code enforcement procedures (Ordinance 2015-14).

2.

Knowingly furnishing false information to the Manager or a designee, the Director, or any other Village official who is charged with the administration of this section on any matter relating to the administration of this section constitutes a violation of this section.

The Village is authorized to collect fire protection, emergency medical services, and school impact fees imposed by Lee County in accordance with state law; Chapter 2, Article VI of the Lee County Land Development Code; and interlocal agreements entered into with Lee County.

The purpose and intent of this section is to implement the comprehensive plan by ensuring that the public facilities needed to support development are available concurrent with the impacts of such development by providing that certain public facilities and services meet or exceed the standards established in the capital improvements element (CIE) in the comprehensive plan, and are available when needed for the development, while protecting vested rights as required by state law.

A.

General. Unless exempted by subsection B below or vested by subsection C below, proposed development shall receive approval of a certificate of concurrency for the following public facilities in accordance with the requirements of this section, before approval of a development order, limited development order, plat, or building permit, as appropriate:

1.

Potable water facilities;

2.

Sanitary sewer facilities;

3.

Solid waste disposal facilities;

4.

Surface water management; and

5.

Public schools.

B.

Exemptions.

1.

The following development is exempt from the requirements of this section:

A.

A development permit approved in accordance with a development order issued under F.S. §§ 380.06 and 380.061, in which the DRI development order separately provides for concurrency compliance and analysis;

B.

A development permit approved in accordance with a development agreement, where the development agreement makes separate provision for concurrency and analysis;

C.

A single-family dwelling;

D.

A two-family dwelling;

E.

An accessory use;

F.

Recreational facilities for residential development, including but not limited to swimming pools, tennis courts, and similar uses;

G.

Commercial interior remodeling which is not for the purposes of changing use and does not increase floor area;

H.

Minor utilities;

I.

Seawalls or docks;

J.

Signs; and

K.

Public transit facilities.

2.

In addition, the following development is exempt from the school concurrency requirements of this section:

A.

Single-family lots that received final plat approval from Lee County prior to August 26, 2008.

B.

Multi-family residential development that received a final development order and a concurrency certificate from Lee County prior to August 26, 2008.

C.

Amendments to existing residential development approvals that do not increase the number of residential units or change the type of residential units proposed.

D.

Other residential uses that do not generate school age children, such as licensed adult living facilities or age-restricted residential developments prohibiting persons under the age of 18 from residing there as permanent residents through recorded covenants and restrictions that cannot be amended for a period of 30 years.

E.

DRIs approved in accordance with F.S. ch. 380, prior to January 27, 2021, but only as to the number of residential units authorized in the DRI development order.

C.

Vested Rights. The following development is vested and exempt from the requirements of this section.

1.

A development approved as a DRI prior to March 1, 1989, is vested to complete the development in accordance with the specific provisions of the development order, including mitigation of all impacts, without having to comply with the requirements of this section. The vested status of a DRI development order will terminate on the expiration date of the DRI development order. (This does not exempt a developer from submission of project data required by the Director, since project data assists the Village in monitoring impacts on infrastructure as development occurs.) If the DRI is amended, it is subject to all concurrency requirements of this section on those portions of the development changed by the amendment, except if the amendment results in a reduction of anticipated impacts on public facilities, the Director may find the proposed amendment does not impair the overall vested status of the development.

2.

A development that has received a development order from Lee County subsequent to March 1, 1989, shall comply with the terms and conditions of the concurrency requirements in the DRI approval. If the development is amended, it is subject to all concurrency requirements of this section on those portions of the development changed by the amendment, except if the amendment results in a reduction of anticipated impacts on public facilities, the Director may find the proposed amendment does not impair the overall vested status of the development.

A.

General. Proposed development subject to the requirements of this section shall receive approval of a certificate of concurrency in accordance with this Section 8-2, Concurrency Management, before approval of a development order, limited development order, plat, or building permit, as appropriate.

B.

Procedure.

1.

After submission of an application for a certificate of concurrency in a form established by the Director, and payment of the application fee established by the Village Council, the Director shall review the application and make a decision.

2.

In reviewing the application, the Director shall consider the impact the development will have on potable water, sanitary sewer, surface water management, solid waste disposal facilities, and public schools. As part of this review, the Director should consider the type and intensity of the use of the proposed development in relation to the demands the use can reasonably be expected to make on these facilities, and the times when the demand can reasonably be expected to occur during the course of the development. When measuring the expected impacts of a development, the Director will include only the impacts of permanent and continuing infrastructure demands of the development. The Director should disregard temporary impacts such as fire flow tests. The Director may rely upon studies, measurements, or calculations prepared by qualified professionals, or upon generally accepted guidelines, rules, formulas, studies, or other theories developed by professional experts working or publishing in the field of inquiry, or upon relevant historical trends or experiences, or upon related rules and standards adopted by other governmental agencies, or upon any combination of these sources. The burden of disproving the accuracy of the Director's determination lies with the applicant or the applicant's representative.

3.

Once the Director has considered the impacts of a proposed development in accordance with subsection B2 above, the Director will determine whether there will be sufficient capacity for these public facilities to serve the development at the time the impacts of the development will occur in accordance with Sec. 8-203.C, Concurrency Standards, without causing these facilities and services to function at a level of service below the minimum regulatory levels established for these facilities in the comprehensive plan.

4.

If the Director determines the proposed development complies with Sec. 8-203.C, Concurrency Standards, the Director shall certify that conclusion by a written statement. The written statement will identify the development in question and the development permit for which the certification is made. The Director's statement constitutes the certificate of concurrency and is limited to the exact development permit application for which the certificate is approved.

5.

If the Director determines the application fails to comply with the standards in Sec. 8-203.C, Concurrency Standards, the Director shall issue a finding that the proposed development will meet concurrency requirements if it is conditioned on the provision of specific facilities and services to serve the development which shall be in place when the impacts of the proposed development occur. When no solution can be identified to provide for the additional facility capacity required, a certificate of concurrency shall be approved that limits the amount of development that can be constructed (so the LOS standards will not be exceeded), or the application will be denied. If the Director approves a certificate that limits the amount of development that may proceed, no additional development may proceed unless and until additional public facilities to serve the development are put in place that ensure applicable level of service standards are not exceeded. If a certificate is approved subject to conditions, the conditions shall identify the minimum additions to the then-existing facilities that shall be built and operating, in addition to planned facilities that shall be constructed before further development shall occur.

6.

If a developer proposes to develop in stages or phases so that facilities and services needed for each phase will be available in accordance with the standards set forth in this subsection, the Director may issue a certificate with conditions that establish related periods of time when additional development may occur if additional facilities identified by the Director are constructed.

7.

A certificate subject to conditions may also be approved where the proposed development will comply with Sec. 8-203.C, Concurrency Standards, if certain documents not submitted with the initial application are subsequently delivered to the Director, or the proposed development permit is subject to the review of other Village, county, or state agencies.

8.

A certificate of concurrency shall be valid for a period of three years from the date of approval of the certificate or for the remaining duration of the development permit with which it is issued, whichever is less, except a building permit issued based upon a valid certificate of concurrency shall be valid for the remaining duration of the building permit, so long as the building permit is applied for while the certificate is valid, the permit application is substantially complete, and the building permit is ultimately issued in the ordinary course. If a building permit is not issued within six months of the expiration date of the applicable certificate, a rebuttable presumption arises that the building permit has not been issued within the ordinary course as that term is used in this subsection.

9.

Amendments to a certificate of concurrency shall be reviewed and decided consistent with the provisions for its original approval.

C.

Concurrency Standards. A certificate of concurrency shall be granted only where the Director, with the assistance of appropriate Village staff, finds that all of the following standards are met by the applicant.

1.

Potable Water, Sanitary Sewer, and Solid Waste Facilities. The proposed development complies with the level of service standards for potable water, sanitary sewer, and solid waste disposal facilities in the comprehensive plan. In determining if potable water, sanitary sewer, or solid waste disposal facilities comply with the level of service standards in the comprehensive plan, the Director shall include the capacity of all facilities as they exist at the time the development permit will be issued, plus other facilities that are guaranteed in an enforceable development agreement (in accordance with either F.S. § 163.3220 or F.S. ch. 380).

A.

Potable water supply and treatment capacity shall be based on the number of equivalent residential connections of the utility that will provide service to the development. The pressure in the distribution system shall be measured at the point where the service enters the development or at the point from which the service will be extended.

B.

Sanitary sewer treatment and disposal capacity shall be based on the number of equivalent residential connections of the utility that will provide service to the development. The capacity of the collection system shall be measured at the point where the service enters the development or at the point from which the service will be extended.

C.

The capacity of the solid waste disposal facility shall be measured in pounds (or equivalent volume) and applied countywide.

2.

Surface Water Management Facilities. The proposed development complies with the level of service standards for surface water management facilities in the comprehensive plan. In determining if stormwater management facilities comply with the level of service standards in the comprehensive plan, the Director shall rely upon the reviews performed by FDEP and SFWMD. Runoff shall be measured at the points of discharge into an ultimate positive outfall beyond the outer edge of the development or at the nearest natural outfall. The adequacy of a surface water management system shall be conclusively demonstrated upon the issuance of a surface water construction and operating permit by SFWMD.

3.

Public School Facilities.

A.

The proposed development complies with the level of service standard for public school facilities in the comprehensive plan. In determining if school facilities comply with the level of service standards in the comprehensive plan, the School Board of Lee County shall compile a school concurrency inventory report annually. The School Board shall inventory current school capacity and current occupancy by school type and by concurrency service area. Existing capacity shall be adjusted by adding the expected capacity increase from new or expanded planned school facilities for the next three years in accordance with the adopted School Board Capital Improvements Program. Current occupancy shall then be subtracted from existing and expected capacity to calculate the available capacity by school type by concurrency service area. The School Board shall transmit the school concurrency inventory to the Village. Upon its receipt, the Village shall determine whether there is adequate school capacity based on the level of service standard in the comprehensive plan.

B.

If the concurrency report reflects there is not adequate capacity available in the concurrency service area for schools, mitigation options may be explored by proposed development that cannot comply with school concurrency. Mitigation options may include, but are not limited to:

1.

The donation of land or funding of land acquisition or construction of a public school facility sufficient to offset the demand for public school facilities created by the proposed development (except relocatable classrooms shall not be accepted as mitigation); and,

2.

Establishment of a charter school with facilities constructed in accordance with the state requirements for educational facilities (SREF) on a site that meets the minimum acreage provided in SREF, subject to guarantees that the facility will be conveyed to the School Board of Lee County at no cost to the Board if the charter school ceases to operate.

C.

Proposed mitigation shall be directed towards a permanent school capacity improvement identified in the School Board's financially feasible work program, which satisfies the demands created by the proposed development. If mitigation can be agreed upon, the Village and the School Board shall enter into an enforceable binding development agreement with the developer.

An applicant may appeal the Director's decision in administering this section to the Village Council in accordance with Sec. 2-506.D, Appeal of Administrative Official Decision.

The Director may revoke a certificate of concurrency for cause, where a certificate has been issued based on substantially inaccurate information supplied by the applicant, or where revocation of the certificate is essential to the health, safety, or welfare of the public.

Knowingly furnishing false information to the Director, or any Village Official, on matters relating to the administration of this section constitutes a violation of this LDC.