(a)

This chapter shall be known and may be cited as the "City of Port Orange, Florida Consolidated Impact Fee Ordinance."

(b)

This chapter shall apply to the development of property within the boundaries of the city. This article shall apply to the payment of impact fees imposed upon impact construction under article II of this chapter.

(c)

The purpose of this chapter is to provide for the imposition and collection of impact fees to fund the public facilities necessary to serve the demands of new development and to require that future growth contributes its fair share to the cost of additions and improvements to city facilities in amounts reasonably anticipated to offset the impacts and demands generated by such growth. This cost does not include costs associated with operation, maintenance or repair of city facilities, or increases to standards or levels of service unrelated to meeting the impacts and demands of new growth and development.

(Ord. No. 2023-16, § 1, 12-5-23)

When used in articles I and II of this chapter, the following terms shall have the following meanings, unless the context clearly requires otherwise:

Accessory use or structure means any use or structure, clearly incidental, subordinate and related to the principal use or structure and located on the same lot with such principal use or structure. The term shall include but not be limited to satellite dish antennas, windmills, solar energy equipment, detached garages and carports, above-grade swimming pools and utility sheds.

Apartment shall mean a rental dwelling unit located within the same building as other dwelling units.

Applicant shall mean the owner, or duly designated agent of the owner, who applies for a building permit.

Building shall mean any relatively permanent, immobile structure with an impervious roof built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The term "building" shall be construed as if followed by the words "or part thereof." This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of construction.

Building permit shall mean an official document or certificate issued by the city, under the authority of ordinance or law, authorizing the construction or siting of any building. "Building permit" shall also include site plan approvals, or other development orders for those activities, structures, or buildings that do not require a building permit in order to be undertaken.

Capital facilities shall mean city facilities, improvements, infrastructure and equipment for which impact fees are imposed hereunder.

Certificate of occupancy shall mean a document or action certifying compliance with applicable building, land development, or zoning laws and regulations, and authorizing the occupancy of any building, or parts thereof. The term "certificate of occupancy" shall include, but not be limited to, certificates of completion or other final inspection sign-off for those structures or buildings that may not require a certificate of occupancy and/or any functional equivalent of a certificate of occupancy.

City shall mean the City of Port Orange, Florida.

City clerk shall mean the city clerk of the City of Port Orange, Florida.

City Manager shall mean the city manager of the City of Port orange, Florida.

Comprehensive plan shall mean the city's long-range planning guide prepared and adopted by the City in accordance with part II, chapter 163, Florida Statutes.

Condominium shall mean a single-family or time-sharing ownership unit that has at least one other similar unit within the same building structure. The term condominium includes all fee simple or titled multi-unit structures, excluding townhomes and duplexes.

Council shall mean the city council of the City of Port Orange, Florida.

Dwelling unit shall mean a single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation. The term "dwelling" is synonymous.

Educational board shall mean a district school board, a Florida College System institution board of trustees, and/or a university board of trustees. The term "educational board" does not include the state board of education or the board of governors.

Encumbered shall mean a commitment by contract, appropriation or purchase order in a manner that obligates the city to expend the encumbered amount upon delivery of goods, the rendering of services or the conveyance of real property by a vendor, supplier, contractor or owner or approval of the expenditure of funds in an approved budget, including expenditures for payment of debt service on municipal bonds or other debt obligations of the city secured in whole or in part by the impact fees contemplated hereunder.

Finance director shall mean the finance director of the City of Port Orange, Florida.

Governmental use shall mean and refer to the use of property exclusively for public purposes by, and which property is owned or leased by, the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a county, a special district, a school district, or a municipal corporation, or any department or branch thereof.

Impact construction shall mean land construction or improvement designed or intended to permit a use of the land which will contain more dwelling units, buildings or square footage than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon capital facilities.

Impact fee coordinator shall mean the city manager.

Impact fee land use category shall mean those categories of land use incorporated in the impact fee rate schedules hereunder and further described in the impact fee studies.

Impact fees shall mean collectively the impact fees imposed by the city pursuant to this article and F.S. §§ 163.31801 and 166.021.

Impact fee studies shall mean, collectively, the "2023 Municipal Impact Fee Study" dated June 19, 2023, and the "Transportation Impact Fee Study Update" dated June 2023, each prepared by Raftelis Financial Consultants, Inc., as such studies may amended and supplemented from time to time.

Industrial shall mean an establishment primarily engaged in the fabrication, assembly or processing of goods. Typical uses include manufacturing plants, welding shops, wholesale bakeries, dry cleaning plants, bottling works and research and development centers.

Institutional shall mean an establishment or use which is assigned a Florida Department of Revenue property use code of "70" through "79," indicative of institutional use. Typical uses include private schools, private hospitals, orphanages, cemeteries, sanitoriums and nursing homes.

Manufactured dwelling means a dwelling fabricated in a manufacturing facility and bearing a seal certifying it is constructed to standards as adopted under the authority of F.S. ch. 553, pt. IV, and any administrative rules adopted thereunder.

Mobile home shall mean a dwelling unit with all of the following characteristics:

(1)

Designed for long term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;

(2)

Designed for transportation after fabrication on streets or highways on its own wheels; and

(3)

Arriving at the site where it is to be occupied as a dwelling complete, including major appliances, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like. The term mobile home shall include manufactured dwellings. A travel trailer or recreational vehicle (RV) is not considered a mobile home.

Multifamily residential shall mean dwelling units located within the same building as other dwelling units, including apartments and condominiums but excluding townhomes and duplexes.

Office building shall mean a building not located in a shopping center and exclusively containing establishments providing executive, management, administrative or professional services, and which may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, or childcare facilities. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, secretarial, data processing, telephone answering, telephone marketing, music, radio and television recording and broadcasting studios; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; medical and dental offices and clinics, including veterinarian clinics and kennels; and business offices of private companies, utility companies, trade associations, unions and nonprofit organizations.

Ordinance shall mean this ordinance.

Owner shall mean any person, group of persons, firm, corporation or other legal entity having legal title to any specific lands in question.

Person shall mean any individual, corporation, governmental agency, business trust, estate, trust, partnership, association, property owners' association, two or more persons having a joint or common interest, governmental agency, or other legal entity.

Single-family residential means a building containing only one dwelling unit, detached or attached.

Square footage shall mean the gross area measured in feet from the exterior faces of exterior walls or other exterior boundaries of the building, excluding areas within the interior of the building which are used for parking.

Townhomes and duplexes shall mean dwelling units located within the same building as other dwelling units, provided that there are no more than three dwelling units in the building. Any development consisting of more than three dwelling units shall constitute multifamily residential land use for purposes of this chapter.

Warehouse shall mean an establishment primarily engaged in the display, storage and sale of goods to other firms for resale, activities involving significant movement and storage of products or equipment, and self-storage facilities. Typical uses include wholesale distributors, storage warehouses, moving and storage firms, trucking and shipping operations, major mail processing centers and mini-warehouses.

(Ord. No. 2023-16, § 1, 12-5-23)

It is hereby ascertained, determined and declared as follows:

(a)

Pursuant to Article VIII, Section 2 of the Florida Constitution and F.S. §§ 166.021 and 166.041, the council has all governmental, corporate and proprietary power to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law, and such power may be exercised by the enactment of legislation in the form of city ordinances.

(b)

Development and redevelopment necessitated by the growth contemplated in the comprehensive plan and the impact fee studies will require improvements and additions to the capital facilities to accommodate the new development generated by such growth and maintain the standards and levels of service provided by the city.

(c)

Future growth, as represented by impact construction, should contribute its fair share to the cost of improvements and additions to the city facilities that are required to accommodate the impact generated by such growth.

(d)

The impact fees are necessary to offset the costs to the city associated with meeting the necessary public service and facility demand created by projected new residential and nonresidential development or redevelopment.

(e)

The amount of the impact fees contemplated hereunder bears a reasonable relationship to the burden imposed upon the city to provide the new public facilities addressed in the impact fee studies to new development.

(f)

A reasonable connection, or rational nexus, exists between the projected new development and the need for additional public facilities to be funded by the impact fees.

(g)

A reasonable connection, or rational nexus, exists between the expenditure of the funds collected pursuant to this chapter and the benefits accruing to new development through the new capital facilities acquired by such expenditure.

(h)

The impact fees adopted hereunder are proportional and reasonably connected to, or have a rational nexus with, the need for additional capital facilities and the increased impact generated by the new residential or nonresidential construction.

(i)

The impact fees adopted hereunder are proportional and reasonably connected to, or have a rational nexus with, the expenditures of the funds collected and the benefits accruing to the new residential or nonresidential construction.

(j)

The required improvements and additions to city facilities needed to eliminate any deficiencies shall be financed by revenue sources of the city other than impact fees.

(k)

Implementation of the impact fees to require impact construction within the city to contribute its fair share to the cost of required capital improvements is an integral and vital element of the regulatory plan of growth management of the city.

(l)

The council expressly finds that the improvements and additions to the city facilities to be funded by the respective impact fees imposed hereunder provide a benefit to all impact construction within the city that is in excess of the amount of the impact fees.

(m)

The purpose of this chapter is to regulate the development of land within the city by requiring payment of impact fees by impact construction and to provide for the cost of capital improvements to city facilities which are required to accommodate such growth. This chapter shall not be construed to permit the collection of impact fees in excess of the amount reasonably anticipated to offset the demand on the capital facilities generated by such applicable impact construction.

(n)

This chapter includes procedures for accounting and reporting of impact fee collections and expenditures in order to assure compliance with applicable legal requirements.

(o)

This chapter establishes and requires separate accounting funds for the respective impact fees adopted hereunder.

(p)

This chapter requires audits of the city's financial statements to include an affidavit of the finance director stating that the requirements of F.S. § 163.31801, have been complied with.

(q)

The administrative fees set forth herein are equal to or lower than the city's actual costs for collection of the impact fee including the actual costs related to the administration and the collection process.

(Ord. No. 2023-16, § 1, 12-5-23)

The council hereby incorporates the impact fee studies by reference, particularly the assumptions, conclusions and findings in such studies as to the allocation of anticipated costs of capital improvements and additions to the respective city facilities among the various property uses and those assumptions, conclusions and findings in such studies as to the determination of anticipated costs of additions required to accommodate growth. Copies of the impact fee studies and this ordinance shall be available to the public in the office of the city clerk.

(Ord. No. 2023-16, § 1, 12-5-23)

The following shall be exempted from payment of the impact fees adopted in this chapter:

(a)

Alterations, expansion or replacement of an existing dwelling unit (including a mobile home) where no additional dwelling units are created.

(b)

The construction of accessory uses or structures, which will not create an additional impact on the respective capital facilities.

(c)

The replacement of a building or dwelling unit where no additional dwelling units or square footage are created and where the existing and replacement buildings or dwelling units are located on the same lot.

(d)

Replacement of a building or dwelling unit which does not increase the impact upon the city's capital facilities.

(e)

All public educational and ancillary plants constructed by an educational board, to the extent such exemption is required by F.S. § 1013.371(1)(a), or any successor statute or law.

(f)

Charter school facilities, to the extent such exemption is required by F.S. § 1002.33(18)(d), or any successor statute or law.

(g)

Affordable housing properties developed and owned by any housing authority established by the City.

(h)

Governmental use. However, any impact fee exemption issued for a governmental use shall expire if an alteration causes the building or development to no longer be for governmental use.

(i)

Lots or parcels for which an impact fee has been paid or a developer contribution credit has been shall be exempt from the payment of such impact fees except in the event that a change in size or use justifies payment of an additional impact fee as provided in section 6.

(j)

The determination as to the applicability of exemptions hereunder shall be guided by any generally accepted standard source for planning and cost impact analysis.

(Ord. No. 2023-16, § 1, 12-5-23)

An impact fee shall be imposed and calculated for the alteration, expansion or replacement of a building or dwelling unit or the construction of an accessory use or structure if the alteration, expansion or replacement of the building or dwelling unit or the construction of an accessory use or structure results in a land use determined to generate greater impact than the present use under the applicable impact fee rate schedules adopted in this chapter. The impact fee imposed shall be calculated as follows:

(a)

If the impact fee is calculated on a per dwelling unit basis and not on the basis of square footage, the impact fee imposed shall be the amount due under the applicable impact fee rate schedule for the impact fee land use category resulting from the alteration, expansion or replacement, less the impact fee that would have been imposed under the applicable impact fee rate schedule for the impact fee land use category prior to the alteration, expansion or replacement.

(b)

If the impact fee is calculated on the basis of square footage, in the event the square footage of a building is increased, the impact fee due for the increased square footage represented by the impact construction shall be calculated by determining the impact fee due according to the square footage resulting from the alteration, expansion or replacement, less the impact fee that would have been imposed for the original square footage prior to the alteration, expansion or replacement.

(c)

If the use of a building is changed after payment of the impact fee which results in a change in the applicable impact fee land use category of the building and such change is determined to generate a greater impact than the present use, the additional impact fee due for the change in use shall be calculated by determining the impact fee due according to the square footage of the building under the new impact fee land use category less the impact fee that was imposed for the square footage of the building under the original impact fee land use category.

(d)

If an impact fee is imposed for an accessory use or structure because such accessory use or structure is determined to generate a greater impact than the present use, the fee shall be that applicable to the impact fee land use category for the primary building.

(e)

The determination as to whether a change in size or use requires payment of an impact fee hereunder shall be guided by any generally accepted standard source for planning and cost impact analysis.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

An applicant shall pay the applicable impact fee(s) adopted in this ordinance directly to the city prior to the issuance of a temporary certificate of occupancy, certificate of occupancy, or letter of completion, whichever is applicable. payment of the impact fees shall be a condition precedent to issuance of a temporary certificate of occupancy, certificate of occupancy, or letter of completion, except for fire impact fee(s) which shall be paid by the applicant prior to building permit issuance.

(b)

The payment of the impact fees shall be in addition to all other fees, charges or assessments due for the issuance of a building permit, certificate of occupancy, plat and/or any other applicable land development approvals.

(c)

The obligation for payment of the impact fees shall run with the land.

(d)

In the event an impact fee is paid by check, draft or other form of negotiable instrument, and such instrument does not clear, issuance of the certificate of occupancy associated with the payment of such impact fee shall be suspended and the city manager shall send the appropriate suspension notice to the feepayer by certified mail. In the event such impact fee, together with any charges for funds not clearing, are not paid within ten business days following the mailing of such notice, the certificate of occupancy shall not be issued until such time as the impact fee is paid and the funds clear.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

In the event an owner believes that the impact to the city facilities caused by proposed impact construction will be less than the impact established in the impact fee studies and the impact fee rates schedules provided herein, such owner may file an alternative impact fee study with the impact fee coordinator. The owner shall, at the time the alternative impact fee study is submitted, pay to the city six percent of the amount of the impact fee identified on the fee schedule for the most nearly comparable type of land use up to a maximum of $2,000.00. These funds shall be used for review and processing the study. This amount shall not be credited against the impact fee payment. The impact fee coordinator shall review the alternative calculations and make a determination within 30 days of submittal as to whether such calculations comply with the requirements of this section.

(b)

For purposes of any alternative impact fee calculation, the impact construction shall be presumed to have the maximum impact on city facilities.

(c)

The alternative impact fee calculation shall be based on data, information or assumptions contained in this article and the impact fee studies or independent sources, provided that the independent source is a local study supported by local data adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology of planning and local cost impact analysis which is consistent with the impact fee studies.

(d)

If the impact fee coordinator determines that the data, information and assumptions utilized by the applicant comply with the requirements of this section and that the calculation of the alternative impact fee was by a generally accepted methodology that is consistent with the impact fee study, then the alternative impact fee shall be paid in lieu of the fees adopted hereunder.

(e)

If the impact fee coordinator determines that the data, information and assumptions utilized by the applicant to compute an alternative impact fee do not comply with the requirements of this section, then the impact fee coordinator shall provide to the owner by certified mail, return receipt requested, written notification of the rejection and the reasons therefore.

(Ord. No. 2023-16, § 1, 12-5-23)

Effective April 1, 2024, at 12:00 a.m. City of Port Orange Impact Fees will change. Fee schedule changes will affect new construction and additions. The impact fee components that will change are: parks and recreation, transportation, police, and fire rescue. All completed building permit applications received after 11:59 p.m. on March 31, 2024, will be subject to the new impact fee rates.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

A credit shall be granted against the respective impact fees imposed hereunder for the donation of land or equipment or for the construction of capital facilities for the city otherwise funded by an impact fee, required pursuant to a development order of the city or voluntarily made in connection with an impact construction. Such land donation and construction and improvement shall be subject to approval by and acceptance of the council. No credit shall be given for the donation of land or equipment or construction unless such property is conveyed in fee simple to the city without remuneration.

(b)

Prior to payment of the impact fee, the applicant shall submit a proposed plan for donations or contributions to the capital facilities to the impact fee coordinator. The proposed plan shall include:

(1)

A designation of the impact construction for which the plan is being submitted;

(2)

A legal description of any land proposed to be donated and a written appraisal prepared in conformity with subsection (c) of this section;

(3)

A list of the contemplated contributions to the capital facilities and an estimate of the proposed construction costs certified by a professional architect or engineer; and

(4)

A proposed time schedule for completion of the proposed plan.

(c)

Upon receipt of the proposed plan, the impact fee coordinator shall determine:

(1)

If such proposed plan is in conformity with contemplated improvements and additions to the capital facilities;

(2)

If the proposed donation of land or equipment or proposed construction is consistent with the public interest; and

(3)

If the proposed time schedule is consistent with the city's capital improvement program for the capital facilities.

(d)

The amount of developer contribution credit shall be determined as follows:

(1)

The value of donated land shall be based upon a written appraisal of fair market value as determined by an M.A.I. Appraiser who was selected and paid for by the applicant, and who used generally accepted appraisal techniques. If the appraisal does not conform to the requirements of this article and the applicable administrative regulations, the appraisal shall be corrected and resubmitted. In the event the impact fee coordinator accepts the methodology of the appraisal but disagrees with the appraised value, he may engage another M.A.I. Appraiser at the city's expense and the value shall be an amount equal to the average of the two appraisals. If either party does not accept the average of the two appraisals, a third appraisal shall be obtained, with the cost of said third appraisal being shared equally by the city and the owner or applicant. The third appraiser shall be selected by the first two appraisers and the third appraisal shall be binding on the parties.

(2)

The actual cost of construction to the capital facilities shall be certified by a professional architect or engineer. The credited amount shall applied be on a dollar-for-dollar basis at fair market value, based on the appraisal process above, to reduce the impact fee collected for the class of capital facilities or impact construction for which the contribution was made; provided, however, in no event shall any credit be granted in excess of the actual cost of construction.

(3)

The land donations and construction contributions shall only provide improvements or additions to the respective capital facilities required to accommodate growth.

(e)

The decision of the impact fee coordinator as to whether to accept the proposed plan of conveyance or construction shall be in writing and issued within 60 days of receipt of the proposed plan from the applicant. A copy shall be provided to the applicant and owner.

(f)

If a proposed plan is approved for credit, the applicant or owner and the city shall enter into a credit agreement which shall provide for the parties' obligations and responsibilities, including, but not limited to:

(1)

The timing of actions to be taken by the applicant and the obligations and responsibilities of the applicant, including, but not limited to, the construction standards and requirements to be complied with;

(2)

The obligations and responsibilities of the city including, but not limited to, inspection of the project; and

(3)

The amount of the credit as determined in accordance with subsection (c) of this section.

(g)

A credit for the donation of land or a credit for the construction of an improvement or addition to the capital facilities shall be granted at such time as the credit agreement is approved and executed by both the city and the applicant or owner, subject to review and approval by the city attorney; provided, however, that the amount of an impact fee credit for construction of improvements shall not be deemed final until the actual costs of construction have been certified by an architect or engineer. In the event the applicant or owner fails to convey the property, which is the subject of the donation to the city or such property is not ultimately accepted by the city in accordance with the terms of the credit agreement, then the credit for donation shall be revoked and all impact fees shall immediately become due and payable. The administration of said contribution credits shall be the responsibility of the impact fee coordinator.

(h)

Any applicant or owner who submits a proposed plan pursuant to this section and desires the immediate issuance of a certificate of occupancy prior to approval of the proposed plan shall pay the impact fees prior to the issuance of the certificate of occupancy. Any difference between the amount paid and the amount due, should the impact fee coordinator approve and accept the proposed plan, shall be refunded to the applicant or owner.

(i)

Credits provided pursuant to this section are assignable and transferable from one impact construction to another. Notice of any such transfers shall be filed with the community development department at the time of, or before, the issuance of a certificate of occupancy, temporary certificate of occupancy, or letter of completion on a form provided by the city.

(j)

If an impact fee is increased, the holder of any credits which were in existence before the increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

An applicant or owner who is required to pay impact fees pursuant to this article shall have the right to request a review hearing before the council.

(b)

Such hearing shall be limited to the review of the following:

(1)

The application or calculation of the appropriate impact fees pursuant to this article.

(2)

The rejection of an alternative impact fee calculation pursuant to section 8 of this article.

(3)

Denial of an exemption pursuant to section 5 of this article.

(4)

Any dispute concerning an application for credits pursuant to section 10 of this article.

(c)

Except as otherwise provided in this article, such hearing shall be requested by the applicant or owner within 30 days of the written notice of the event sought to be reviewed. Failure to request a hearing within such period or as soon thereafter as reasonably possible shall constitute a waiver of the right to a review hearing, unless otherwise approved by the council.

(d)

The request for hearing shall be filed with the impact fee coordinator and shall contain the following:

(1)

The name and address of the applicant or owner;

(2)

The legal description of the property in question;

(3)

If issued, the date the building permit and certificate of occupancy were issued;

(4)

A brief description of the nature of the construction being undertaken pursuant to the building permit;

(5)

If paid, the date the impact fee was paid; and

(6)

A statement of the reasons why the applicant or owner is requesting the hearing.

(e)

Upon receipt of such request, a hearing shall be scheduled before the council at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant and owner written notice of the time and place of the hearing. Such hearing shall be held within 60 days of the date the request for hearing was filed.

(f)

Such hearing shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. A determination shall be in writing and issued within 30 days of the hearing to the applicant and owner.

(g)

Any applicant or owner who requests a hearing pursuant to this section and desires the immediate issuance of a building permit, or if a building permit has been issued without the payment of the impact fee, shall pay prior to or at the time the request for hearing is filed, the applicable impact fee. Said payment shall be deemed paid "under protest" and shall not be construed as a waiver of any review rights.

(h)

An applicant or owner may request a hearing under this section without paying the applicable impact fee, but no building permit shall be issued until all impact fees are paid in the amount initially calculated or the amount approved upon completion of the review provided in this section.

(i)

The city may retain up to 2.0 percent of all impact fees received or the actual costs of collection, whichever is less, as an administrative fee to defray all costs of collection relating to the impact fees. The amount of the city's reasonable administrative costs in connection with the collection and administration of these funds shall be documented as part of the city's annual budget process. Any funds retained by the city to offset the city's reasonable administrative costs in connection with the collection and administration of said funds shall be placed in a separate city account which account shall be used solely for administrative expenses incurred by the city in the collection and administration of funds collected from the impact fees.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

This chapter and the impact fee studies shall be reviewed by the council at least once every four years. The initial and each subsequent review shall include but not be limited to all components of the impact fee studies accepted in section 4 of this article. The purpose of this review is to ensure that the respective impact fees do not exceed the reasonably anticipated costs associated with the improvements and additions necessary to offset the demand generated by the impact construction on the respective capital facilities. In the event the required review of this chapter alters or changes the assumptions, conclusions and findings of the impact fee studies adopted by reference in section 4 of this article or alters or changes the amount or classification of the impact fee, the respective impact fee study shall be amended, supplemented, and/or updated to reflect the assumptions, conclusions and findings of such reviews and section 4 of this article shall be amended to adopt by reference such updated study.

(b)

Audits of the city's financial statements which are performed by a certified public accountant pursuant to F.S. § 218.39, and submitted to the auditor general shall include an affidavit signed by the finance director stating that the city has complied with the requirements of F.S. § 163.31801, and that to the best of his or her knowledge, all impact fees were collected and expended by the city in full compliance with the spending period provisions of this article and funds were expended from each impact fee trust account established herein only to acquire, construct or improve specific infrastructure needs.

(Ord. No. 2023-16, § 1, 12-5-23)

Nothing contained in this article shall be construed or interpreted to include the city in the definition of agency as contained in F.S. § 120.52, or to otherwise subject the city to the application of the Administrative Procedure Act, F.S. ch. 120. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this chapter.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

Upon adoption of this chapter or any ordinance amending this chapter imposing new impact fees, increased impact fee rates or revising the impact fee land use categories, the city shall publish notice of the effective date of such ordinance and the impact fees contemplated thereunder once in a newspaper of general circulation which notice shall include:

(1)

A brief and general description of the applicable impact fee;

(2)

The impact fee rates to be imposed for each impact fee land use category for the applicable impact fee; and

(3)

The date of implementation of the impact fee rates set forth in the notice, which date shall be no sooner than 90 calendar days after the date of publication of the notice.

(b)

On or prior to the date of such publication, the notice of impact fees shall also be posted in the following locations:

(1)

On the city website.

(2)

On the city hall notice board.

(3)

In a conspicuous place near the public counters in the following offices and departments: the office of the city clerk, the building department and the planning and zoning department.

(Ord. No. 2023-16, § 1, 12-5-23)

The payment of impact fees is additional and supplemental to, and not in substitution of, any other requirements imposed by the city or any other governmental agency on the development or redevelopment of real property or the issuance of a building permit, and an owner or applicant may be required to pay, pursuant to other ordinances, regulations or policies of the city or any other governmental agency, other fees and/or charges in addition to the impact fees contemplated hereunder. Nothing herein shall be construed as a guarantee of adequate public facilities at the time of development of any particular property.

(Ord. No. 2023-16, § 1, 12-5-23)

The provisions of this chapter shall not affect, in any manner, the permissible use of the property, density of development, design and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the land development regulations or other regulations of the city, which shall be operative and remain in full force and effect without limitation with respect to all such development.

(Ord. No. 2023-16, § 1, 12-5-23)

If the impact fees are not paid as required by this article prior to or on the date of the issuance of a building permit because of mistake, inadvertence or any other reason, the city shall proceed to collect the impact fees as follows:

(a)

The city shall serve, by certified mail, return receipt requested, an impact fee statement notice upon the applicant and the owner at the address appearing on the most recent records maintained by the Property Appraiser of Volusia County. The city also shall attach a copy of the impact fee statement notice to the building permit posted at the affected construction site if all or a portion of the building is under construction. Service of the impact fee statement notice shall be deemed effective on the date the return receipt indicates the notice was received by either the applicant or the owner or the date said notice was attached to the building permit, whichever occurs first.

(b)

The impact fee statement notice shall contain the legal description of the property and shall advise the applicant and the owner as follows:

(1)

The amount due and the general purpose for which the impact fee was imposed.

(2)

That the impact fee shall be delinquent if not paid and received by the city within 60 calendar days of the date the impact fee statement notice is received, excluding the date of receipt, and upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid;

(3)

That in the event the impact fee becomes delinquent, a lien against the property for which the building permit was secured shall be recorded in the Official Records of Volusia County.

(c)

The impact fee shall be delinquent if, within 60 calendar days from the date of the receipt of the impact fee statement notice by either the applicant or the owner, or the date said notice was attached to the building permit, neither the impact fees have been paid and received by the city, nor a hearing requested pursuant to the requirements above. In the event a hearing is requested, the impact fees shall become delinquent if not paid within 30 calendar days from the date the council determines the amount of impact fees due upon the conclusion of such hearing. Said time periods shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said impact fee statement notice or the hearing date of the council's decision in the event of an appeal. In the event the last day falls on a Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business day. Upon becoming delinquent, a delinquency fee equal to ten percent of the total impact fee imposed shall be assessed. Such total impact fee, plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid.

(d)

Should the impact fee become delinquent, the city shall serve, by certified mail return receipt requested, a "notice of lien" upon the delinquent applicant if all or a portion of the building is under construction at the address indicated in the application for the building permit, and upon the delinquent owner at the address appearing on the most recent records maintained by the Property Appraiser of Volusia County. The notice of lien shall notify the delinquent applicant and owner that due to their failure to pay the impact fee, the city shall file a claim of lien with the clerk of the circuit court in and for Volusia County.

(e)

Upon mailing of the notice of lien, the city shall file a claim of lien with the clerk of the circuit court in and for Volusia County for recording in the Official Records of Volusia County. The claim of lien shall contain the legal description of the property, the amount of the delinquent impact fees and the date of their imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The city shall proceed expeditiously to collect or otherwise enforce said lien.

(f)

After the expiration of six months from the date of recording of the claim of lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. ch. 173, which provisions are hereby incorporated herein in their entirety to the same extent as if such provision were set forth herein verbatim.

(g)

The liens for delinquent impact fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other subsequently filed liens and claims, until paid as provided herein.

(h)

The collection and enforcement procedures set forth in this section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative regulations of the city or any applicable law or administrative regulation of the State of Florida. Failure of the city to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the city or any applicable law or administrative regulation of the State of Florida.

(i)

Notwithstanding anything herein to the contrary, the city may enforce collection of delinquent impact fees in any manner authorized by law.

(Ord. No. 2023-16, § 1, 12-5-23)

Impact fees collected pursuant to this chapter shall be returned to the then current owner of the property on behalf of which such fee was paid, if such fees have not been expended or encumbered by the end of the calendar quarter immediately following the six years from the date upon which such fees were paid. Refunds shall be made only in accordance with the following procedure:

(1)

The then present owner shall petition the city for the refund within 180 days following the end of the calendar quarter immediately following six years from the date on which the fee was received. Failure to submit an application for refund within such period shall constitute a waiver of any right to a refund.

(2)

The petition for refund shall be submitted to the impact fee coordinator and shall contain:

a.

A notarized sworn statement that the petitioner is the present owner of the property on behalf of which the impact fee was paid;

b.

A copy of the dated receipt issued for payment of the impact fee or such other record as would evidence payment; and

c.

A certified copy of the latest recorded deed or a copy of the most recent ad valorem tax bill.

(3)

Within three months from the date of receipt of a petition for refund, the impact fee coordinator will advise the petitioner and the council of the status of the impact fee requested for refund, and if such impact fee has not been expended or encumbered within the applicable time period, then such impact fee shall be returned to the petitioner. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out.

(Ord. No. 2023-16, § 1, 12-5-23)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Irrigation meter is defined in section 74-35, Code of Ordinances, City of Port Orange, Florida, and irrigation meters are subject to the restrictions contained therein.

Local system means that system in a new subdivision installed by the developer at the developer's expense. The physical limits of each local system are the limits of the particular subdivision served. Water mains and sewers whose principal function is to serve areas other than the one they traverse are not a part of the local system.

(Ord. No. 2005-59, § 2(21-401), 1-17-06)

This article shall apply to development fees for the municipal water supply and wastewater treatment facilities extensions.

(Ord. No. 2005-59, § 2(21-402), 1-17-06)

(a)

In order to facilitate the orderly expansion of the city's water supply system and wastewater treatment system, a development fee is hereby established. This development fee is defined as "a connections contribution toward its equitable share of the cost of capital improvements required to serve new users."

(b)

The development fee is comprised of two separate fees: water and sewer. In areas where only one of these services is available, the applicable fee shall be that established for the service provided. The applicable fee for the other service or for both services if neither was available at the time of construction will become due when service is made available.

(c)

The development fees shall be based on the city council's determination of the equitable portion of the costs of financing the expansion of the system.

(d)

The development fees shall be reviewed in July of every year in order to determine if the cost of system improvements necessitates a change in the amount of the fee.

(e)

Fees shall be set by resolution of the city council.

(f)

Each additional equivalent living unit occasioned by changes in property usage subsequent to March 21, 1980, shall be subjected to a development fee, which shall be computed in accordance with the fee schedule set by resolution.

(g)

Development fees shall be imposed on every living unit connected to the water and/or sewer system whether those units are new or existing and inside or outside the city limits.

(h)

The person applying for the issuance of a certificate of occupancy shall pay the required water and sewer development (impact) fee for any portion of a structure to be occupied prior to the issuance of a certificate of occupancy and no certificate of occupancy for any activity requiring payment of a development (impact) fee pursuant to this article shall be issued unless and until the water and sewer development (impact) fee hereby required has been paid. Once paid, such fees shall not be refundable.

(Ord. No. 2005-59, § 2(21-403), 1-17-06)

The water and sewer development fees collected by the city pursuant to this article shall be used for the extension, improvement or addition to the primary water system, the primary sanitary sewer system, water treatment plants, wastewater treatment plants and for the upsizing or upgrading of a local system when such is in the best interest of the city. Such development fees may be applied and used for administrative costs, debt service on water and/or sewer revenue bonds, bond anticipation notes, promissory notes or similar financing methods used by the city for the purpose of providing funds for such extensions, additions or improvements.

(Ord. No. 2005-59, § 2(21-404), 1-17-06)

(a)

The water and sewer development fees collected by the city pursuant to this article shall first be deposited, pledged and expended as may be provided or required by the terms of any water and/or sewer revenue bond, bond anticipation note, promissory note or similar instrument authorized by ordinance or resolution to be paid from development fees. After complying with such requirements and application of funds, if any, the balance of development fees shall be deposited to and held in the city water and sewer revenue and replacement fund, or such designated fund as may be subsequently established for a similar purpose. The development fees held in such fund may be used only for the express authorized purposes set forth in section 4.

(b)

No funds shall be used for periodic or routine maintenance as defined in F.S. §§ 334.03(13) and (18); however, the city may retain a maximum of two percent of the funds collected from water and sewer development fees on an annual basis to offset the city's reasonable administrative costs associated with the collection and administration of said fund. The amount of the city's reasonable administrative costs in connection with the collection and administration of these funds shall be documented as part of the city's annual budget process. Any funds retained by the city to offset the city's reasonable administrative costs in connection with the collection and administration of said funds shall be placed in a separate city account which account shall be used solely for administrative expenses incurred by the city in the collection and administration of funds collected from water and sewer development fees.

(Ord. No. 2005-59, § 2(21-405), 1-17-06)

The purpose of this article is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate fair-share program, as required by and in a manner consistent with Section 163.3180, Florida Statutes (F.S.). Proportionate fair-share payments shall be distinct and separate payments from and shall not be considered the same as impact fee payments. Impact fees are imposed by city ordinance to provide additional capacity to the city's overall transportation network to accommodate the projected growth and to provide funding for long-range transportation plans. Proportionate fair-share is assessed to pay for specific deficiencies to the transportation network resulting from development and enabling development to meet level of service (LOS) concurrency requirements. Proportionate fair share enables development to meet concurrency requirements by proportionately paying for improvement projects.

(Ord. No. 2006-45, § 3, 11-14-06)

The city finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors. As such, the city proportionate fair-share program:

(a)

Provides a method by which the negative impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors;

(b)

Allows development to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing its proportionate fair-share of the cost of a necessary transportation facility;

(c)

Contributes to the provision of adequate public facilities for future growth and furthers the city's commitment to comprehensive facilities planning, thereby reducing the potential for development moratoria or unacceptable levels of traffic congestion.

(d)

Provides for a fair allocation of private and public funds for adequate transportation facilities to serve development growth, and may, in certain circumstances, allow the city to expedite transportation improvements by supplementing funds allocated for transportation improvements in the capital improvements element (CIE) with proportionate fair-share contributions;

(e)

Provides the ability to coordinate proportionate fair-share with the State of Florida, County of Volusia, and adjacent or impacted municipal local governments;

(f)

Is consistent with Section 163.3180 F.S., and supports concurrency-related policies and objectives in the comprehensive plan and rules and regulations in the land development code (LDC).

(Ord. No. 2006-45, § 3, 11-14-06)

(a)

The proportionate fair-share program shall apply to all new developments in the City of Port Orange that have identified or have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the city's concurrency management system, including transportation facilities maintained by FDOT, Volusia County, or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of this article. The proportionate fair-share program does not apply to development of regional impact (DRIs) using proportionate fair-share under Section 163.3180(12), F.S., or to developments exempted from concurrency as provided in Chapter 163.3180, F.S., regarding exceptions and de minimus impacts.

(b)

Once the city enters into a concurrency and proportionate fair-share agreement identifying improvements for proportionate fair-share contributions, subsequent to November 30, 2006, all development projects, in addition to the development projects that have previously executed proportionate fair share agreements, including projects outside the jurisdiction of the city, having an impact in the area of the fair share improvements shall be required to execute a fair share agreement with the appropriate governing jurisdiction to obtain the needed capacity for the development projects. The remaining capacity not allocated to a fair share agreement shall be reserved for the City of Port Orange for its use and for the city to enter into additional concurrency and proportionate fair share agreements. The reservation of capacity for the identified improvements and the application of this article shall continue until the actual cost of the identified improvements are repaid to the city or the capacity generated by the improvements has been distributed pursuant to legally binding agreements. The actual costs (actual costs) shall include but not be limited to the following: cost of acquisition, financing and construction of the project; engineering, permitting, design, legal, accounting, and financial expenses; expenses for estimate of costs, plans, specifications, surveys, fees for fiscal agents, financial advisors, administrative expenses relating to financing, acquisition, construction, and reimbursement to the city for sums heretofore expended for the foregoing purpose, allowance for funds used during construction, capitalized interest, annual debt service and related debt issuance costs and all other costs and expenses as may be necessary or incidental to the completion of the project.

(Ord. No. 2006-45, § 3, 11-14-06)

Definitions are contained in chapter 2 of the City's Land Development Code. To the extent of any conflict between the definitions contained in chapter 2 and the definitions contained in this article, the terms in chapter 2 shall control.

(Ord. No. 2006-45, § 3, 11-14-06)

(a)

An applicant seeking to satisfy concurrency through a proportionate fair share agreement shall be eligible if the applicant meets the following criteria:

(1)

The proposed development impacts a part of the transportation system that is deemed by the jurisdiction that maintains the respective roadway to have an existing LOS deficiency, based on the requirements in chapter 4 of the City's Land Development Code, or is proposed to cause a new deficiency on the system,

(2)

The proposed development is consistent with the comprehensive plan and applicable land development code regulations, and

(3)

The five-year schedule of capital improvements in the city's CIE or long-term schedule of capital improvements for an adopted long-term concurrency management system (CMS), includes a transportation improvement(s) that, upon completion, shall satisfy the concurrency requirements for the portion of the transportation network that is affected by the proposed development project. The provisions of [section 5(b)(2)] below may apply if a transportation project or projects are needed to satisfy concurrency and are not presently contained within the local government CIE or an adopted long-term schedule of capital improvements.

(b)

If an applicant meets the criteria contained in [section 5(a)(1)] above, and the city's CIE or the long-term concurrency management system does not include the transportation improvements necessary to satisfy the LOS deficiency, then the city may allow transportation concurrency improvements and funding for the project through the proportionate fair-share upon compliance with the following criteria:

(1)

The improvement shall not be contained in the first three years of the city's five-year schedule of capital improvements in the CIE or a long-term schedule of capital improvements for an adopted long-term CMS;

(2)

The city adopts, by resolution or ordinance, a commitment to add the improvement funded by the developer's proportionate share assessment to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS at a point no later than the next scheduled annual update. To qualify for consideration under this section, the developer shall be required to submit for review and obtain the city community development department's approval of the financial feasibility of the proposed improvement pursuant to Section 163.3180, F.S., consistent with the comprehensive plan, and in compliance with the provisions of this article;

(3)

The city agrees to enter into a binding proportionate fair share agreement;

(4)

If the funds allocated for the five-year schedule of capital improvements in the city's CIE are insufficient to fully fund within ten years after entering into the proportionate fair share agreement, the construction of a transportation improvement required to make the project concurrent, the city may still enter into a binding proportionate fair-share agreement with the applicant; provided, however, that the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which shall, in the opinion of the city council, alleviate the most significant concurrency deficiency and the CIE is amended accordingly at the next annual review. In the event that the applicant builds one of the improvements, the one improvement shall constitute a fair share improvement requiring all other new developers impacted that area to pay its fair share and all of the other LOS deficiencies shall become fair share improvements for which the city shall guarantee completion; and

(c)

The improvement project proposed to meet the developer's fair-share obligation shall meet the design standards of the city for city-maintained roads, the county for county-maintained roads, and the FDOT for the state highway system.

(d)

The scope of the project shall provide for no less than the capacity necessary to address the transportation concurrency needs for the next five years after the execution of the fair share agreement.

(Ord. No. 2006-45, § 3, 11-14-06)

(a)

Pursuant to policies in the intergovernmental coordination element of the city's comprehensive plan and applicable policies in the East Central Florida Regional Plan, the city shall provide notice of deficiencies on road segments and intersections and proportionate fair-share agreements, if any; shall coordinate with affected jurisdictions, including FDOT, Volusia County, and other adjacent jurisdictions, and shall provide the recommendation for the creation of fair share agreements to mitigate impacts on transportation facilities not under the jurisdiction of the City of Port Orange. An interlocal agreement may be established with the affected jurisdictions for this purpose.

(b)

Based on an approved traffic study provided by the developer, if an improvement on a facility that is maintained by a governmental entity other that the city is required to serve the development, then a concurrency certification letter may be required from that affected jurisdiction that states that the development has satisfactorily met the concurrency requirements of the affected jurisdiction. The concurrency certification letter may be required by the city prior to issuance of a final concurrency determination by the city. If a concurrency letter is requested by the city and the applicant cannot obtain a concurrency certification letter that states that the development has satisfactorily met the concurrency requirements of the respective jurisdiction, the city shall not grant concurrency approval, and the city shall not approve the project.

(Ord. No. 2006-45, § 3, 11-14-06; Ord. No. 2009-21, § 2, 10-27-09)

(a)

Upon being informed of a LOS deficiency in capacity to satisfy transportation concurrency, the applicant shall be notified of the opportunity to satisfy transportation concurrency through the proportionate fair-share program pursuant to the requirements of [section 5] above.

(b)

Prior to submitting an application for a proportionate fair-share agreement, the applicant and applicant's traffic engineer shall participate in a pre-application meeting to discuss eligibility, application submitted requirements, potential mitigation options, and related issues. If the impacted facility is on the strategic intermodal system (SIS) or state roadway system, then FDOT shall be notified and invited to participate in the pre-application meeting. Representatives from FDOT, Volusia County, and/or adjacent local governments shall be invited to participate if the development impacts a roadway facility maintained by that jurisdiction or agency. This meeting may coincide with the pre-application meeting required for all development projects, per chapter 3, section 3 of this code.

(c)

Eligible applicants shall submit to the city an application packet containing the following information:

(1)

Name, address and phone number of the owner(s), the developer, the owner's agent and the developer's agent;

(2)

Property location, including parcel identification numbers;

(3)

Legal description and survey of property, including a separate description for each phase, if applicable;

(4)

Project description, including type, intensity and amount of development;

(5)

Traffic impact analysis performed in accordance to the city's TIA procedures;

(6)

Phasing schedule, if applicable;

(7)

Description of requested proportionate fair-share mitigation method(s);

(8)

Copy of concurrency application; and,

(9)

Location map depicting the site and affected road network.

(d)

Within five business days, the city shall review the application and certify that the application is sufficient and complete. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program as indicated in [section 5] and [section 7], then the applicant shall be notified in writing of the reasons for such deficiencies. Any re-application shall be accompanied by a re-application fee as adopted by resolution of the city council. If such deficiencies are not remedied by the applicant and the application is not resubmitted to the city within 30 days of receipt of the written notification, then the application shall be voided.

(e)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the consent of the FDOT. For such facilities, the applicant shall submit evidence of an agreement between the applicant and FDOT for inclusion in the proportionate fair-share agreement with the city. Likewise, for impacts to facilities maintained by jurisdictions other than the City of Port Orange, the applicant shall submit evidence of an agreement between the applicant and the affected local government for inclusion in the proportionate fair-share agreement.

(f)

When an application is deemed sufficient, complete, and eligible, a proposed fair-share obligation and binding agreement shall be prepared by the city, or by the applicant subject to the approval of the city. Once the proposed agreement has been reviewed and approved by Staff, it shall be redrafted in final form and scheduled for city council review.

(g)

The city shall notify the applicant regarding the date of the council meeting when the agreement shall be considered for final approval. No proportionate fair-share agreement shall be effective until approved by the city council.

(Ord. No. 2006-45, § 3, 11-14-06)

(a)

Proportionate fair-share payment for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, contribution of facilities, and construction of facilities, as provided by F.S. § 163.3180. No letters of credit shall be accepted as proportionate fair-share reservation deposit.

(b)

A development shall not be required to pay more than its proportionate fair-share of the required concurrency improvements of which shall be based on the total costs of the concurrency improvements to be determined at project completion. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ from the proportionate fair-share project cost, per F.S. § 163.3180.

(c)

In order to fairly allocate costs and to accommodate unforeseen increases in construction and other costs, a development shall be required to pay the actual cost of the concurrency improvements as required in this article.

(1)

At the time of execution of the concurrency and proportionate fair share agreement, the developer shall be required to pay a reservation deposit. The methodology used to calculate an applicant's reservation deposit toward a road segment and/or a road intersection shall be based on the formula for determining the proportionate fair share obligation. The estimated cost of the improvement shall be determined by the city with the assistance of a professional engineer or licensed road construction company estimator after review and consideration of, including but not limited to, the following factors:

a.

The applicant's professionally prepared projected costs,

b.

Information contained in the CIE, the MPO/TIP or FDOT work program,

c.

Most recent issue of FDOT transportation costs, as adjusted, based upon the type of cross-section being analyzed (urban, transitioning, or rural),

d.

Locally available data from recent projects, significant changes in the cost of materials due to unforeseeable events, and cost estimates for state road improvements not included in the adopted FDOT and county road program shall be determined using this method in coordination with the FDOT district. All cost estimates for roads maintained by other jurisdictions are subject to the approval of the respective maintaining agency,

e.

Anticipated the scope for the project,

f.

Design plan preparation,

g.

Surveying,

h.

Permitting,

i.

The highest quarter of the last three years of construction consumer price indexes for the Southeast Region for the process and materials required for the improvements to be constructed,

j.

Geotechnical study costs and modifications to plans,

k.

Transportation engineering and warrant study cost,

l.

Signalization and electrical utility costs,

m.

Inspection to standards of city design manual, FDOT and County of Volusia,

n.

Construction management costs,

o.

Cost of land and easements plus the fair market value increase factor until the time of purchase,

p.

Relocation or under grounding of utility facilities costs,

q.

Stormwater expansion and new facilities,

r.

Wetland mitigation costs,

s.

Governmental bid awards for similar construction in the last three years,

t.

Cost of bond issuance and debt service,

u.

Cost of professional cost estimator,

v.

Administrative expenses for impact fee credits and other implementation of the project,

w.

Intergovernmental coordination and interlocal obligations,

x.

15% contingency in the construction contract, and

y.

Other costs associated with the construction.

(2)

The reservation deposit for the estimated cost of the project at the time of execution of the agreement shall be adjusted to account for the potential of unknown factors and associated costs. The city may adopt by resolution of the city council a standard percentage of the estimated construction cost to be applied for establishing the amount of the reservation deposit. The standard percentage shall be reviewed at least every two years and adjusted accordingly. The estimated cost as adjusted for the other factors shall be utilized to calculate the reservation deposit until an actual bid award has been approved by the city council based upon a defined scope of work.

(3)

At the time of the bid award the cost to date for the entire scope of the project ("project cost") shall be calculated including all other costs incurred or expected for the project. The project cost shall be compared to the reservation deposit amount and if the reservation deposit is not adequate to cover the project cost plus ten percent then the developer shall be required to pay to the city the additional project costs by cash deposit or secured by an evergreen letter of credit.

(4)

At the time the mitigating concurrency project is completed, actual cost of the project shall be compared to the reservation deposit amount as amended, and the excess of the reservation deposit as amended, over the amount of the actual cost shall be reimbursed to the developer, with interest up to a maximum of two percent, on the unused balance, if any, within 45 days of the developer's written request to the city finance department. If the actual costs exceed the reservation deposit amount, any interest, up to a maximum of two percent on the unused balance, accrued from the proportionate fair-share project account shall be applied toward the project's deficient and the developer shall pay the balance of the proportionate share of the actual cost to the city within 45 days of the city's written request to the developer. In the event that the developer fails to pay the balance as required in this article the developer shall be deemed to be not in good standing and development permits shall not be issued until such time as the developer has paid all outstanding balances due the city under the terms of the concurrency and fair share agreement.

(d)

For purposes of convenience, the terms as referenced in the following formula for determining the fair share obligation shall be defined as follows:

(1)

Development trips (DT) = Trips proposed to be generated by the stage or phase of development under review that are assigned to a roadway segment/intersection that has triggered a deficiency per the TIA;

(2)

Capacity increase (CI) = Number of additional trips that can be accommodated on a roadway or at an intersection as a result of a completed concurrency improvement project;

(3)

Actual cost (AC) = Actual cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering, inspection, utility relocation, construction and any other applicable cost directly associated with the construction of the improvement.

(4)

Reservation deposit = Estimated cost of the improvement to the failing segment/intersection based on the anticipated cost in the year the project shall be completed.

(e)

The methodology used to calculate an applicant's proportionate fair-share obligation toward a road segment/intersection shall be based on the following formula:

If [(DT + T) ÷ C] = 1.0, then Proportionate Fair Share = (DT÷CI) × AC; or

If the sum of DT plus T (background plus vested trips) divided by C (capacity of the roadway segment/intersection) is greater than or equal to 1.0, then the proportionate share shall equal the total number of proposed development trips (DT) projected to utilize the additional capacity provided by the specific improvement, divided by the change in capacity (capacity increase (CI)), multiplied by the actual cost (AC) for construction of the improvement.

(f)

If the city accepts an improvement project proposed by the applicant as full or partial payment for fair share obligations, then the value of the improvement project shall be determined using the applicable formula provided in this section.

(g)

The city may accept a contribution of land for all or part of the proportionate fair-share payment provided that such land is related to the proposed development project. If the city accepts such land, then credit for the land shall be valued on the date of the execution of the agreement at 100 percent of the most recent assessed fair market value established by an independent appraiser. The appraiser shall be authorized by the city to perform the work and shall be paid by the developer. The applicant shall supply a survey and legal description of the land and a certified title or title search of the land to the city at no expense to the city. If the estimated value of the right-of-way dedication proposed by the applicant is less than the fair share obligation, then the applicant shall also pay the difference.

(h)

Financial records shall be maintained by the city to ensure that the fair-share calculations are assessed consistently until the actual cost of the construction has been determined. The reservation deposit shall be reexamined twice as follows: (1) at the time of the bid award and (2) at the time of construction contract final payment. At the first reexamination the city shall proceed as follows: (1) if the reservation deposit is in excess of the project costs, then the city shall update its records accordingly or (2) if the reservation deposit is less than the project cost, the developer shall be required to supplement the reservation deposit with cash or with a evergreen letter of credit, the total of both equaling 110 percent of the project cost. For purposes of applicants seeking fair share agreements after the bid award, the reservation deposit shall equal 110 percent of the bid award. For purposes of applicants seeking fair share agreements after the project has been completed the proportionate fair share shall equal the actual cost plus the carrying cost for debt service.

(Ord. No. 2006-45, § 3, 11-14-06)

(a)

Proportionate fair-share contributions shall be applied as credit against city transportation impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital improvements and within the same schedule for completion contemplated by the city's impact fee ordinance located in article II of this chapter.

(b)

Impact fee credits for the proportionate fair-share contribution shall be determined when the transportation impact fee amount is calculated for the proposed development. Impact fees owned by the applicant shall be reduced, if the project is eligible for impact credits and by the amount determined in the proportionate fair-share agreement and credited at the time impact fees become due per the city impact fee ordinance. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor shall pay the remaining impact fee amount to the city pursuant to the requirements of the city impact fee ordinance.

(c)

In the case that the applicant seeks impact fee credits on county-maintained roadways within the City of Port Orange, the applicant shall have the responsibility of coordinating and obtaining the approval of such impact fee credits and associated payment from the county, pursuant to the county's impact fee ordinance and proportionate fair share ordinance.

(d)

The proportionate fair-share payment is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location unless provided for within the city's impact fee ordinance.

(Ord. No. 2006-45, § 3, 11-14-06)

(a)

Upon execution of an acceptable concurrency application and traffic impact analysis and proportionate fair share payments have been calculated and approved by the community development department, the applicant shall receive a certificate of concurrency approval. Once the certificate of concurrency approval is received, the applicant shall enter into a concurrency and fair-share agreement (agreement). The concurrency and fair share agreement shall be executed prior to final approval by the city council. A development order shall not be issued until the city council has approved the agreement. Upon issuance of the development order, the development shall be vested for concurrency. Only those developments that are vested shall have officially reserved roadway system capacity. A development that is designed in phases shall not vest until issuance of the development order for each specific phase of the development.

(b)

Should the applicant fail to apply for a development order and/or pay the fair-share amount within 12 months of the certificate of concurrency approval, then the certificate of concurrency approval as well as the agreement shall be considered null and void. The applicant shall be required to reapply if he/she wishes to proceed in the development process.

(c)

Payment of the proportionate fair-share contribution shall be non-refundable and is due in full prior to issuance of the final development order.

(d)

If deemed necessary by the city, the TIA for the development shall be updated and the TIA expenses for the update shall be borne by the applicant, as stated in chapter 4 of the city's land development code.

(e)

All developer improvements authorized under this article and secured by a binding concurrency and fair share agreement shall be in place or under actual construction within three years after the issuance of a building permit or its functional equivalent that results in traffic generation.

(f)

Any requested change to a development project subsequent to issuance of a development order by the city may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

(g)

Applicants may submit a letter to withdraw the request to enter into the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs paid to the city shall be non-refundable.

(Ord. No. 2006-45, § 3, 11-14-06)

(a)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the city CIE, or as otherwise established in the terms of the proportionate fair-share agreement. As determined by the city, proportionate fair-share revenues may be used for the cost of operational functions needed to complete the improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the requisite local match for funding under the FDOT transportation regional incentive program (TRIP) or other grant programs.

(b)

In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would provide comparable mitigation of the impacts of development pursuant to the requirements of [section 5].

(c)

Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair-share obligation calculated under [section 8], the city shall reimburse the applicant for the excess contribution upon the city's approval and using one or more of the following methods:

(1)

An account may be established on behalf of the applicant for the purpose of reimbursing the applicant for the excess contribution. The account shall be funded with proportionate fair-share payments from future applicants who impact the same facility. A capital recovery agreement shall be prepared by the city and fully executed to formalize this arrangement.

(2)

The city may directly compensate the applicant for the excess contribution through payment or some combination of means mutually acceptable to the city and the applicant.

(Ord. No. 2006-45, § 3, 11-14-06)

All applicants required to provide a TIA shall comply with the intergovernmental coordination process of the Volusia County Metropolitan Planning Organization Transportation Impact Analysis (TIA) Guidelines.

(Ord. No. 2006-45, § 3, 11-14-06; Ord. No. 2009-21, § 3, 10-27-09)

In addition to the general definitions contained in article I of this Chapter, the following terms shall have the following meanings in the application of the fire/rescue impact fee.

Fire/rescue facilities shall mean the buildings, land, vehicles, apparatus, and equipment used by the city fire department in the suppression and prevention of fires, responses to disasters and the handling of incidents involving hazardous materials.

Fire/rescue impact construction shall mean land construction designed or intended to permit a use of the land which will contain more dwelling units, buildings or square footage than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon the fire/rescue facilities.

Fire/rescue impact fee shall mean the fire/rescue impact fee imposed by the city pursuant to section 2 of this division.

Fire/rescue impact fee land use category shall mean those categories of land use incorporated in the fire/rescue impact fee rate schedule in section 2 of this division.

Fire/rescue impact fee study shall mean the 2023 Municipal Impact Fee Study dated June 19, 2023, prepared by Raftelis Financial Consultants, Inc. as such study may be amended and supplemented.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

The data set forth in the fire/rescue impact fee study which was employed in the calculation of the fire/rescue impact fee rates adopted herein is the most recent and localized data available for the fire/rescue facilities.

(b)

The council specifically finds that fire/rescue facilities benefit all residents and businesses within the city and, therefore, the fire/rescue impact fee shall be imposed on all fire/rescue impact construction in all incorporated areas of the city.

(c)

All fire/rescue impact construction occurring within the city for which a completed building permit application is submitted shall pay the following fire/rescue impact fee rates:

FIRE/RESCUE IMPACT FEE RATE SCHEDULE

(d)

The land uses set forth in the rate schedule above are further described in the fire/rescue impact fee study and as follows.

(1)

Industrial/manufacturing. Generally includes light industrial, heavy industrial, manufacturing, mini-warehousing, and industrial parks.

(2)

Hotel. A place of lodging that provides sleeping accommodation. Includes suites hotel, motel, resort hotels, etc.

(3)

Recreational. Generally includes cultural organization facilities, camps, clubs, lodges, union halls, tourist attractions, and exhibits.

(4)

Institutional. Generally includes schools, daycares, religious facilities, medical clinics, medical office buildings, and hospitals.

(5)

Office building. This land use consists of various types of office building.

(6)

Retail. Generally includes all types of retail establishments such as shopping centers, stand-alone stores, grocery stores, department stores, auto repair shops, restaurants, and several others.

(7)

Assisted living facility. Generally consists of assisted living facilities including: senior adult housing, congregate care facilities, retirement homes, nursing homes, and similar land uses.

(e)

Except as otherwise provided in this article, the fire/rescue impact fee shall be paid directly to the city prior to the issuance of a building permit.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

In the event a fire/rescue impact construction involves a land use not contemplated under the fire/rescue impact fee land use categories set forth in section 2 of this division, the impact fee coordinator shall determine the impact to be generated by the proposed fire/rescue impact construction and shall calculate the appropriate fire/rescue impact fees utilizing the methodology contained in the fire/rescue impact fee study. The impact fee coordinator shall utilize as a standard in this determination the impact assumed in the most similar fire/rescue impact fee land use category or any other generally accepted standard source of planning and cost impact analysis.

(b)

In the event a fire/rescue impact construction involves mixed use or more than one fire/rescue impact fee land use category, the impact fee coordinator shall calculate the fire/rescue impact fees based upon the impact to be generated by each separate fire/rescue impact fee land use category included in the proposed fire/rescue impact construction.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

The council hereby creates a separate trust account for the fire/rescue impact fees, to be designated as the "Fire/Rescue Impact Fee Capital Projects Fund," which shall be established and maintained separate and apart from all other accounts of the city. All fire/rescue impact fees shall be deposited into such trust account immediately upon receipt.

(b)

The monies deposited into the fire/rescue impact fee capital projects fund, as established in paragraph (a) above, are hereby earmarked and shall be used solely for the purpose of acquiring, constructing or improving growth-necessitated capital facilities for the city fire department, including, but not limited to:

(1)

Land acquisition, including any cost of acquisition;

(2)

Fees for professional services, including, but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals, and construction management;

(3)

Design and construction documents;

(4)

Site development and on-site and off-site improvements incidental to construction thereto;

(5)

Any permitting or application fees necessary for the construction;

(6)

Construction and design of new fire rescue facilities, including related drainage facilities and relocation of utilities, and other related construction costs required to bring the facilities into service;

(7)

Landscaping;

(8)

Acquisition of apparatus, vehicles and equipment necessary to outfit the vehicles for their official use, or other capital equipment utilized by the city fire department;

(9)

Repayment of monies borrowed from any budgetary fund of the city which were used to fund growth necessitated capital improvements to the fire/rescue facilities as provided herein, subject to paragraph (c) below;

(10)

Costs related to the administration, collection and implementation of the fire/rescue impact fee; and

(11)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire growth necessitated capital improvements or additions to the fire/rescue facilities as provided herein, subject to paragraph (c) below; and

(12)

Any other expenditures of the fire/rescue impact fee as allowed by law.

(c)

Revenues generated by the fire/rescue impact fee shall not be used, in whole or in part, to pay existing debt for the fire/rescue facilities or for previously approved projects related to the fire/rescue facilities unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by fire/rescue impact construction.

(d)

The monies deposited into the fire/rescue impact fee capital projects fund shall be used solely to provide improvements or additions to the fire/rescue facilities required to serve new growth as projected in the fire/rescue impact fee study. Funds on deposit in the fire/rescue impact fee capital projects fund shall not be used for any expenditure that would be classified as a maintenance or repair expense. A report will be prepared annually by the city reflecting the collection and expenditures of fire/rescue impact fees by the city during the previous year.

(e)

Any fire/rescue impact fee funds on deposit which are not immediately necessary for expenditure may be held in an interest-bearing account or invested by the city. All income derived from such interest on investments shall be deposited in the fire/rescue impact fee capital projects fund and used as provided herein.

(Ord. No. 2023-16, § 1, 12-5-23)

In addition to the general definitions contained in article I of this chapter, the following terms shall have the following meanings in the application of the parks and recreation impact fee.

Parks and recreation facilities shall mean the city park, recreation and open space facilities provided by the city for use and enjoyment by the public, including, but not limited to active parks, passive parks, water access sites, and associated recreational facilities and buildings.

Parks and recreation impact construction shall mean land construction designed or intended to permit a use of the land which will contain more dwelling units, buildings or square footage than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon the parks and recreation facilities.

Parks and recreation impact fee shall mean the parks and recreation impact fee imposed by the city pursuant to section 2 of this division.

Parks and recreation impact fee land use category shall mean those categories of land use incorporated in the parks and recreation impact fee rate schedule in section 2 of this division.

Parks and recreation impact fee study shall mean the 2023 Municipal Impact Fee Study dated June 19, 2023, prepared by Raftelis Financial Consultants, Inc. as such study may be amended and supplemented.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

The data set forth in the parks and recreation impact fee study which was employed in the calculation of the parks and recreation impact fee rates imposed herein is the most recent and localized data available for the parks and recreation facilities.

(b)

The council specifically finds that the parks and recreation facilities benefit all residents and residential properties within the city and, therefore, the parks and recreation impact fee shall be imposed on all parks and recreation impact construction in all incorporated areas of the city.

(c)

All parks and recreation impact construction occurring within the city for which a completed building permit application is submitted shall pay the following parks and recreation impact fee rates:

PARKS AND RECREATION IMPACT FEE RATE SCHEDULE

(d)

The land uses set forth in the rate schedule above are further described in the parks and recreation impact fee study.

(e)

Except as otherwise provided in this article, the parks and recreation impact fee shall be paid directly to the city on the date of and as a condition precedent to issuance of a building permit.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

In the event a parks and recreation impact construction involves a land use not contemplated under the parks and recreation impact fee land use categories set forth in section 2 of this division, the impact fee coordinator shall determine the impact to be generated by the proposed parks and recreation impact construction and shall calculate the appropriate parks and recreation impact fees utilizing the methodology contained in the parks and recreation impact fee study. The impact fee coordinator shall utilize as a standard in this determination the impact assumed in the most similar parks and recreation impact fee land use category or any other generally accepted standard source of planning and cost impact analysis.

(b)

In the event a parks and recreation impact construction involves mixed use or more than one parks and recreation impact fee land use category, the impact fee coordinator shall calculate the parks and recreation impact fees based upon the impact to be generated by each separate parks and recreation impact fee land use category included in the proposed parks and recreation impact construction.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

The council hereby creates a separate trust account for the parks and recreation impact fees, to be designated as the "Parks and Recreation Impact Fee Fund," which shall be established and maintained separate and apart from all other accounts of the city. All parks and recreation impact fees shall be deposited into such trust account immediately upon receipt.

(b)

The monies deposited into the parks and recreation impact fee fund, as established in paragraph (a) above, are hereby earmarked and shall be used solely for the purpose of acquiring, constructing or improving growth-necessitated capital facilities related to parks, recreation and open space, including, but not limited to:

(1)

Land acquisition, including any cost of acquisition;

(2)

Fees for professional services, including, but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals, and construction management;

(3)

Design and construction documents;

(4)

Site development and on-site and off-site improvements incidental to construction thereto;

(5)

Any permitting or application fees necessary for the construction;

(6)

Construction and design of new parks and recreation facilities, including related drainage facilities and relocation of utilities, and other related construction costs required to bring the facilities into service;

(7)

Landscaping;

(8)

Acquisition of apparatus, vehicles and equipment necessary to outfit the vehicles for their official use, or other capital equipment utilized by the city in providing parks and recreation facilities;

(9)

Repayment of monies borrowed from any budgetary fund of the city which were used to fund growth necessitated capital improvements to the parks and recreation facilities as provided herein, subject to paragraph (c) below;

(10)

Costs related to the administration, collection and implementation of the parks and recreation impact fee; and

(11)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire growth necessitated capital improvements or additions to the parks and recreation facilities system as provided herein, subject to paragraph (c) below; and

(12)

Any other expenditures of the parks and recreation impact fee as allowed by law.

(c)

Revenues generated by the parks and recreation impact fee shall not be used, in whole or in part, to pay existing debt for the parks and recreation facilities or for previously approved projects related to the parks and recreation facilities unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by parks and recreation impact construction.

(d)

The monies deposited into the parks and recreation impact fee fund shall be used solely to provide improvements or additions to the parks and recreation facilities required to serve new growth as projected in the parks and recreation impact fee study. Funds on deposit in the parks and recreation impact fee fund shall not be used for any expenditure that would be classified as a maintenance or repair expense. A report will be prepared annually by the city reflecting the collection and expenditures of parks and recreation impact fees by the city during the previous year.

(e)

Any parks and recreation impact fee funds on deposit which are not immediately necessary for expenditure may be held in an interest-bearing account or invested by the city. All income derived from such interest on investments shall be deposited in the parks and recreation impact fee fund and used as provided herein.

(Ord. No. 2023-16, § 1, 12-5-23)

In addition to the general definitions contained in section 2 of article i, the following terms shall have the following meanings in the application of the police impact fee.

Police facilities shall mean the buildings, land, vehicles, apparatus and equipment used by the city police department in the apprehension, prevention or investigation of criminal violations or illegal actions within the city.

Police impact construction shall mean land construction designed or intended to permit a use of the land which will contain more dwelling units, buildings or square footage than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon the police facilities.

Police impact fee shall mean the police impact fee imposed by the city pursuant to section 2 of this division.

Police impact fee land use category shall mean those categories of land use incorporated in the police impact fee rate schedule in section 2 of this division.

Police impact fee study shall mean the 2023 Municipal Impact Fee Study dated June 19, 2023, prepared by Raftelis Financial Consultants, Inc. as such study may be amended and supplemented.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

The data set forth in the police impact fee study which was employed in the calculation of the city police impact fee rates adopted herein is the most recent and localized data available for the police facilities.

(b)

The council specifically finds that the police facilities benefit all residents and businesses within the city and, therefore, the police impact fee shall be imposed on all police impact construction in all incorporated areas of the city.

(c)

All police impact construction occurring within the city for which a completed building permit application is submitted shall pay the following police impact fee rates:

POLICE IMPACT FEE RATE SCHEDULE

(d)

The land uses set forth in the rate schedule above are further described in the police impact fee study and as follows:

(1)

Industrial/manufacturing. Generally includes light industrial, heavy industrial, manufacturing, mini-warehousing, and industrial parks.

(2)

Hotel. A place of lodging that provides sleeping accommodation. Includes suites hotel, motel, resort hotels, etc.

(3)

Recreational. Generally includes cultural organization facilities, camps, clubs, lodges, union halls, tourist attractions, and exhibits.

(4)

Institutional. Generally includes schools, daycares, religious facilities, medical clinics, medical office buildings, and hospitals.

(5)

Office building. This land use consists of various types of office building.

(6)

Retail. Generally includes all types of retail establishments such as shopping centers, stand-alone stores, grocery stores, department stores, auto repair shops, restaurants, and several others.

(7)

Assisted living facility. Generally consists of assisted living facilities including: senior adult housing, congregate care facilities, retirement homes, nursing homes, and similar land uses.

(e)

Except as otherwise provided in this article, the police impact fee shall be paid directly to the city on the date of and as a condition precedent to issuance of a building permit.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

In the event a police impact construction involves a land use not contemplated under the police impact fee land use categories set forth in section 2 of this division, the impact fee coordinator shall determine the impact to be generated by the proposed police impact construction and shall calculate the appropriate police impact fees utilizing the methodology contained in the impact fee study. The impact fee coordinator shall utilize as a standard in this determination the impact assumed in the most similar police impact fee land use category or any other generally accepted standard source of planning and cost impact analysis.

(b)

In the event a police impact construction involves more than one police impact fee land use category, the impact fee coordinator shall calculate the police impact fees based upon the impact to be generated by each separate police impact fee land use category included in the proposed police impact construction.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

The council hereby creates a separate trust account for the police impact fees, to be designated as the "Police Impact Fee Capital Projects Fund," which shall be established and maintained separate and apart from all other accounts of the city. All police impact fees shall be deposited into such trust account immediately upon receipt.

(b)

The monies deposited into the police impact fee capital projects fund, as established in paragraph (a) above, are hereby earmarked and shall be used solely for the purpose of acquiring, constructing or improving growth-necessitated capital facilities for the city police department, including, but not limited to:

(1)

Land acquisition, including any cost of acquisition;

(2)

Fees for professional services, including, but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals, and construction management;

(3)

Design and construction documents;

(4)

Site development and on-site and off-site improvements incidental to construction thereto;

(5)

Any permitting or application fees necessary for the construction;

(6)

Construction and design of new police facilities, including related drainage facilities and relocation of utilities, and other related construction costs required to bring the facilities into service;

(7)

Landscaping;

(8)

Acquisition of apparatus, vehicles and equipment necessary to outfit the vehicles for their official use, or other capital equipment utilized by the city police department;

(9)

Repayment of monies borrowed from any budgetary fund of the city which were used to fund growth necessitated capital improvements to the police facilities as provided herein, subject to paragraph (c) below;

(10)

Costs related to the administration, collection and implementation of the police impact fee; and

(11)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire growth necessitated capital improvements or additions to the police facilities as provided herein, subject to paragraph (c) below; and

(12)

Any other expenditures of the police impact fee as allowed by law.

(c)

Revenues generated by the police impact fee shall not be used, in whole or in part, to pay existing debt for the police facilities or for previously approved projects related to the police facilities unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by police impact construction.

(d)

The monies deposited into the police impact fee capital projects fund shall be used solely to provide improvements or additions to the police facilities required to serve new growth as projected in the police impact fee study. Funds on deposit in the police impact fee capital projects fund shall not be used for any expenditure that would be classified as a maintenance or repair expense. A report will be prepared annually by the city reflecting the collection and expenditures of police impact fees by the city during the previous year.

(e)

Any police impact fee funds on deposit which are not immediately necessary for expenditure may be held in an interest-bearing account or invested by the city. All income derived from such investments shall be deposited in the police impact fee capital projects fund and used as provided herein.

(Ord. No. 2023-16, § 1, 12-5-23)

In addition to the general definitions contained in section 2 of article I, the following terms shall have the following meanings in the application of the transportation impact fee.

Transportation facilities shall mean the capital facilities related to the city's transportation infrastructure which may include but are not limited to rights-of-way, roads, through lanes, turn lanes, bridges, traffic signals, curbs, medians and shoulders.

Transportation impact construction shall mean land construction designed or intended to permit a use of the land which will contain more dwelling units, buildings or square footage than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon the transportation facilities.

Transportation impact fee shall mean the transportation impact fee imposed by the city pursuant to section 2 of this division.

Transportation impact fee land use category shall mean those categories of land use incorporated in the transportation impact fee rate schedule in section 2 of this article.

Transportation impact fee study shall mean the transportation impact fee study update dated June 2023, prepared by Raftelis Financial Consultants, Inc., as may be amended and supplemented from time to time.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

The data set forth in the transportation impact fee study which was employed in the calculation of the transportation impact fee rates imposed herein is the most recent and localized data available for the capital facilities related to the city's transportation infrastructure.

(b)

The council specifically finds that such capital facilities benefit all residents and businesses within the city and, therefore, the transportation impact fee shall be imposed on all transportation impact construction in all incorporated areas of the city.

(c)

All transportation impact construction occurring within the city for which a completed building permit application is submitted shall pay the following transportation impact fee rates:

TRANSPORTATION IMPACT FEE RATE SCHEDULE

(d)

Except as otherwise provided in this article, the transportation impact fee shall be paid directly to the city on the date of and as a condition precedent to issuance of a building permit.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

In the event a transportation impact construction involves a land use not contemplated under the transportation impact fee land use categories set forth in section 2 of this division, the impact fee coordinator shall determine the impact to be generated by the proposed transportation impact construction and shall calculate the appropriate transportation impact fees utilizing the methodology contained in the transportation impact fee study. The impact fee coordinator shall utilize as a standard in this determination the impact assumed in the most similar transportation impact fee land use category or any other generally accepted standard source of planning and cost impact analysis.

(b)

In the event a transportation impact construction involves mixed use or more than one transportation impact fee land use category, the impact fee coordinator shall calculate the transportation impact fees based upon the impact to be generated by each separate transportation impact fee land use category included in the proposed transportation impact construction.

(Ord. No. 2023-16, § 1, 12-5-23)

(a)

The council hereby creates a separate trust account for the transportation impact fees, to be designated as the "Transportation Impact Fee Capital Projects Fund," which shall be established and maintained separate and apart from all other accounts of the city. All transportation impact fees shall be deposited into such trust account immediately upon receipt.

(b)

The monies deposited into the transportation impact fee fund as established in paragraph (a) above, are hereby earmarked and shall be used solely for the purpose of acquiring, constructing or improving growth-necessitated capital facilities for the city's transportation infrastructure, including, but not limited to:

(1)

Land acquisition, including any cost of acquisition;

(2)

Fees for professional services, including, but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals, and construction management;

(3)

Design and construction documents;

(4)

Site development and on-site and off-site improvements incidental to construction thereto;

(5)

Any permitting or application fees necessary for the construction;

(6)

Construction and design of new transportation facilities, including related drainage facilities and relocation of utilities, and other related construction costs required to bring the facilities into service;

(7)

Landscaping;

(8)

Acquisition of apparatus, vehicles and equipment necessary to outfit the vehicles for their official use, or other capital equipment utilized by the city in developing and providing transportation infrastructure;

(9)

Repayment of monies borrowed from any budgetary fund of the city which were used to fund growth necessitated capital improvements to city transportation infrastructure as provided herein, subject to paragraph (c) below;

(10)

Costs related to the administration, collection and implementation of the transportation rescue impact fee;

(11)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire growth necessitated capital improvements or additions to city transportation infrastructure as provided herein, subject to paragraph (c) below;

(12)

Construction of new sidewalks, bikeways, trails and similar facilities along existing or new city roads when part of a capital improvement project adding new capacity to such road; and

(13)

Any other expenditures of the transportation impact fee as allowed by law.

(c)

Revenues generated by the transportation impact fee shall not be used, in whole or in part, to pay existing debt for transportation infrastructure or for previously approved projects related to transportation infrastructure unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by transportation impact construction.

(d)

The monies deposited into the transportation impact fee fund shall be used solely to provide improvements or additions to city transportation infrastructure required to serve new growth as projected in the transportation impact fee study. Funds on deposit in the Transportation impact fee fund shall not be used for any expenditure that would be classified as a maintenance or repair expense. A report will be prepared annually by the city reflecting the collection and expenditures of transportation impact fees by the city during the previous year.

(e)

Any funds on deposit in the transportation impact fee fund which are not immediately necessary for expenditure may be held in an interest-bearing account or invested by the city. All income derived from such interest on investments shall be deposited in the transportation impact fee fund and used as provided herein.

(Ord. No. 2023-16, § 1, 12-5-23)