It is hereby ascertained, determined and declared:

(1)

The City of Quincy has determined that ad valorem tax revenue and other revenues will not be sufficient to provide the capital improvements and additions to the city's infrastructure, which improvements and additions are necessary to accommodate future growth.

(2)

Part II of F.S. ch. 163 requires the city to adopt a comprehensive plan containing a capital improvements element which considers the need and location of public facilities within its areas of jurisdiction and the projected revenue source which will be utilized to fund these facilities.

(3)

The implementation of impact fees to require future growth to contribute its fair share of the cost of growth necessitated capital improvements to the city's infrastructure, promotes the general welfare of the citizens of Quincy. The provision of infrastructure adequate for the needs of growth is in the general welfare of all city residents and constitutes a public purpose.

(4)

The implementation of impact fees to require future growth to contribute its fair share of the cost of required capital improvements and additions is an integral and vital element of the regulatory plan of growth management in the city.

(5)

The projected need for capital improvements to the city's infrastructure and the allocation of projected costs between those necessary to serve existing development and those required to accommodate the needs of future growth as presented in the study entitled "City of Quincy Impact Fee Study," dated March 1, 2007, is hereby approved and adopted by the city and that study is found to be consistent with the comprehensive plan of the city.

(6)

The required improvements and additions to the city's infrastructure needed to eliminate any existing deficiencies shall be financed by revenue sources other than impact fees.

(7)

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

(Ord. No. 1001, 6-26-07)

(a)

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

(1)

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

(2)

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

(3)

Words used in the present tense shall include the future; and words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender.

(4)

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

(5)

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

a.

"And" indicates that all the connected terms, conditions, provisions or events shall apply.

b.

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

c.

"Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(6)

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

(7)

All time periods contained within this article shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the decision in the event of an appeal. In the event the due date falls on a Sunday or legal holiday, the due date shall be extended to the next business day.

(b)

In calculating the amount due for an impact fee levied under this article and using the rate schedules set forth in article II herein, the net impact fee for the appropriate land use category is multiplied by the number of impact fee units contained in the subject proposed construction.

(Ord. No. 1001, 6-26-07)

When used in this article, the following terms shall have the following meaning, unless the context otherwise clearly requires:

"Accessory building or structure" shall mean a detached, subordinate building, the use of which is clearly indicated and related to the use of the principal building or use of the land and which is located on the same lot as the principal building or use.

"Adjusted gross income" shall mean all wages, assets, regular cash or noncash contributions or gifts from persons outside the household, and other such resources and benefits as may be determined to be income by the U.S. Department of Housing and Urban Development, adjusted for family size, less deductions allowable under Section 62 of the Internal Revenue Code.

"Affordable housing" shall mean a dwelling unit which is offered for sale or rent to low income persons or very low income persons and which monthly rent or monthly mortgage payments, including taxes, insurance and utilities, do not exceed 30 percent of that amount which represents the percentage of the median annual adjusted gross income for low income persons and very low income persons in the City of Quincy.

"Alternative impact fee" shall mean any alternative fee calculated by an applicant and approved as provided either in section 46-977(f) or in section 46-993 of this article.

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

"Applicant" shall mean the person who applies for a building permit from a permitting city or the city.

"Commission" shall mean the City of Quincy Commission.

"Building" shall mean any structure, either temporary or permanent, designed or built for the support, enclosure, shelter or protection of persons, chattels or property of any kind, for use either as a dwelling or for a place of any kind of business or commerce. This term shall include trailers, mobile homes or any other vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a construction.

"Building permit" shall mean an official document or certificate issued by the city or a city under the authority of ordinance or law, authorizing the citing of any building and the commencement of those actions necessary to initiate, implement and complete work to create a building. "Building permit" shall also include tie-down permits for those structures or buildings, such as a mobile home, that do not require a building permit in order to be constructed.

"Certificate of occupancy" shall mean the official document or certificate issued by the city or a city under the authority of ordinance or law, authorizing the construction or occupancy of any building, or parts thereof, within a construction. "Certificate of occupancy" shall also include tie-down permits for those structures or buildings, such as a mobile home, that do not require a certificate of occupancy in order to be occupied.

"City" shall mean the City of Quincy.

"Comprehensive plan" shall mean the Comprehensive Plan of the City of Quincy adopted and amended pursuant to F.S. ch. 163, pt. II, as amended and supplemented, or its successor in function.

"Construction" shall mean any activity for which the city requires a building permit.

"City manager" shall mean the chief administrative officer of the City of Quincy or such person's designee.

"Development" shall mean any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of mineral.

"Development permit" shall mean any building permit, certificate of occupancy, zoning approval, subdivision approval, rezoning, development order, special exception, variance, or any other official action of local government having the effect of permitting the development of land.

"Dwelling unit" or "D.U." shall mean a building, or a portion thereof, which is designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only.

"Encumbered" shall mean moneys committed by contract or purchase order in a manner that obligates the city to extend the encumbered amount upon delivery of goods, the rendering of services or the conveyance of real property by a vendor, supplier, contractor or owner.

"Housing for older persons" shall mean residential dwelling units that (1) are within a community or subdivision that is operated as housing for older persons in compliance with the terms and provisions of the Federal Fair Housing Act, Title VIII of the Civil Rights Acts of 1968, as amended by the Fair Housing Amendments Act of 1988 and the Housing for Older Persons Act of 1995, 42 U.S.C. §§ 3601-19, or its statutory successor in function; and (2) prohibit any person under the age of 18 years of age from residing within any dwelling unit on the property as a permanent resident, as evidenced by a recorded declaration of covenants and restrictions that runs with the land and is not subject to revocation or amendment for a period of at least 30 years from the date of recording.

"Impact fee construction" shall mean any construction for which an impact fee is owed.

"Impact fee study" shall mean the study adopted pursuant to section 46-964, as amended and supplemented pursuant to section 46-997 herein.

"Impact fee unit" shall mean the unit of measurement in an impact fee schedule set forth in this article, where the number of impact fee units on proposed construction are multiplied by the net impact fee to produce the amount of an impact fee to be levied on an impact fee construction.

"Low income persons" shall mean one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the City of Quincy, Florida, as reported by the U.S. Department of Housing and Urban Development or its governmental successor in function.

"M.A.I. appraiser" shall mean a member of the American Institute of Real Estate Appraisers.

"Mobile home" shall mean a structure transportable in one or more sections, which structure is eight body feet or more in width and over 35 feet in length, and which structure is built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

"Multi-family dwelling unit" shall mean a building or a portion of a building, regardless of ownership, containing more than one dwelling unit designed for occupancy by a single family, which units are not customarily offered for rent for one day, and shall include apartments and condominiums.

"Net impact fee" shall mean the impact fee per impact unit as shown in the appropriate column of a table setting out an impact fee schedule. The net impact fee is the number to be multiplied by the numbers of impact fee units in a proposed construction to derive the actual impact fee due for any particular construction.

"Nonresidential" includes commercial land uses as well as any land use or construction not included in the definition of residential.

"Owner" shall mean the person holding legal title to the real property upon which construction is to be built.

"Person" shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

"Residential" shall mean multi-family dwelling units, mobile homes, retirement community/age-restricted single-family dwellings, and single-family detached houses.

"Retirement community/age-restricted single-family" shall mean a residential land use that is also housing for older persons.

"Single-family detached house" shall mean a dwelling unit on an individual lot, including a detached house on a lot less than 50 feet wide, such as a zero lot line home and a manufactured home and that is not age restricted as to its occupants.

"Superintendent" shall mean the chief administrative officer of the public schools, as elected pursuant to F.S. § 1001.46.

(Ord. No. 1001, 6-26-07)

The city commission hereby adopts and incorporates by reference, the study entitled "City of Quincy Impact Fee Study," dated March 1, 2007, hereinafter the "Impact Fee Study," including the assumptions, conclusions and findings in such study as to the determination of anticipated costs to the city to accommodate growth.

(Ord. No. 1001, 6-26-07)

(a)

All construction occurring within the City of Quincy shall pay the fire rescue impact fee as established in this article.

(b)

Subject to section 46-979 herein, on and after the effective date of this article, all construction occurring within City of Quincy, shall pay the fire rescue impact fee according to the following table:

Fire Rescue Impact Fee Schedule

(c)

At least 90 days prior to January 1 of each year following the year this article becomes effective, the commission shall adopt an annual fire rescue impact fee index resolution. Such resolution shall set forth adjusted fire rescue impact fee rates for the fire rescue impact fee land use categories reflecting changes in the cost of impact fee components for the upcoming calendar year.

(d)

There is hereby established the Fire Rescue Impact Fee Trust Fund. All fire rescue impact fees collected pursuant to this article shall be deposited in this fund. Monies in the Fire Rescue Impact Fee Trust Fund may only be used for fire rescue purposes in the manner specified in section 46-994 herein.

(Ord. No. 1001, 6-26-07; Ord. No. 1104-2019 , § 3, 3-12-19)

(a)

All construction occurring within City of Quincy shall pay the law enforcement impact fee, as established in this article.

(b)

Subject to section 46-979 herein, on and after the effective date of this article, all construction within the City of Quincy, shall pay the law enforcement impact fee according to the following table:

Law Enforcement Impact Fee Schedule

(c)

At least 90 days prior to January 1 of each year following the year this article becomes effective, the commission shall adopt an annual law enforcement impact fee index resolution. Such resolution shall set forth adjusted law enforcement impact fee rates for the law enforcement impact fee land use categories reflecting changes in the cost of impact fee components for the upcoming calendar year.

(d)

There is hereby established the Law Enforcement Impact Fee Trust Fund. All law enforcement impact fees collected pursuant to this article shall be deposited in this fund. Monies in the Law Enforcement Impact Fee Trust Fund may only be used for law enforcement purposes in the manner specified in section 46-994 herein.

(Ord. No. 1001, 6-26-07; Ord. No. 1104-2019 , § 3, 3-12-19)

(a)

All residential construction occurring within the City of Quincy shall pay the parks and recreation impact fee, as established in this article.

(b)

Subject to section 46-979 herein, on and after the effective date of this article, all residential construction within the City of Quincy, shall pay the parks and recreation impact fee according to the following table:

Parks and Recreation Impact Fee Schedule

(c)

The city is hereby divided into five parks and recreation impact fee benefit districts ("PRIFBD"), whose borders are defined along the voting districts. The five districts are District 1, 2, 3, 4 and 5.

(d)

At least 90 days prior to January 1 of each year following the year this article becomes effective, the commission shall adopt an annual parks and recreation impact fee index resolution. Such resolution shall set forth adjusted parks and recreation impact fee rates for the parks and recreation impact fee land use categories reflecting changes in the cost of impact fee components for the upcoming calendar.

(e)

There is hereby established the Parks and Recreation Impact Fee Trust Fund. All parks and recreation impact fees collected pursuant to this article shall be deposited in this fund. Within this trust fund are hereby established five accounts corresponding to the five PRIFBD. Parks and recreation impact fees collected in each PRIFBD must be deposited in the corresponding account and may only be used within the PRIFBD from which collected for parks and recreation purposes and only in the manner prescribed in section 46-994 herein, subject to section 46-977(f) herein.

(f)

Funds from one account within the Parks and Recreation Impact Fee Trust Fund may be used for park purposes in another PRIFD where (1) the city administrator demonstrates and makes written findings supporting (a) that the park purpose for which the funds are proposed to be used is attributable to demand generated in the PRIFD from which account the monies are to be used and (b) that the proposed park purpose will benefit the PRIFD from whose account monies are taken, and (2) the commission adopts a resolution incorporating the city administrator's findings.

(Ord. No. 1001, 6-26-07; Ord. No. 1104-2019 , § 3, 3-12-19)

(a)

All construction occurring within the City of Quincy, shall pay the EMS impact fee, as established in this article.

(b)

Subject to section 46-979 herein, on and after the effective date of this article, all construction within the City of Quincy, shall pay the EMS impact fee according to the following table:

Public Facilities Impact Fee Schedule

(c)

At least 90 days prior to January 1 of each year following the year this article becomes effective, the commission shall adopt an annual public facilities impact fee index resolution. Such resolution shall set forth adjusted public facilities impact fee rates for the public facilities impact fee land use category reflecting changes in the cost of impact fee components for the upcoming calendar year.

(d)

There is hereby established the Public Facilities Impact Fee Trust Fund. All public facilities impact fees collected pursuant to this article shall be deposited in this fund. Monies in the Public Facilities Impact Fee Trust Fund may only be used for public facilities purposes in the manner specified in section 46-994 herein.

(Ord. No. 1001, 6-26-07; Ord. No. 1104-2019 , § 3, 3-12-19)

The impact fees imposed under this article shall become effective 90 days after the adoption of this article subject to any adjustments in the impact fee rates made as a result of a resolution changing the impact fee amounts set forth herein.

(Ord. No. 1001, 6-26-07)

(a)

Except as otherwise provided in this article, an applicant shall pay any impact fee imposed pursuant to the ordinance as follows:

(b)

The payment of any impact fee shall be in addition to all other fees, charges or assessments due for the issuance of a building permit, including any other impact fees due.

(c)

The obligation to pay an impact fee shall run with the land.

(d)

In the event that an impact fee is paid prior to the issuance of a building permit and that building permit expires prior to completion of the construction for which it was issued, the applicant may, within 90 days after the expiration of the building permit, apply for a refund of the impact fee. Failure to timely apply for a refund of the impact fee shall waive any right to a refund.

(1)

The application for refund shall be filed with the city administrator and contain the following:

a.

The name and address of the applicant;

b.

The location of the property which was the subject of the building permit;

c.

The date the impact fee was paid;

d.

A copy of the receipt of payment for the impact fee; and

e.

The date the building permit was issued and the date of expiration.

(2)

After verifying that the building permit has expired and that the construction has not been completed, the city administrator shall refund the impact fee paid.

(3)

A building permit which is subsequently issued for construction on the same property which was the subject of a refund shall pay the impact fee as required by this article.

(Ord. No. 1001, 6-26-07)

(a)

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

(b)

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

(Ord. No. 1001, 6-26-07)

(a)

In the event an applicant believes that the impact upon, and demand for, the infrastructure for which an impact fee is imposed under this article, attributed to the applicant's construction, is less than the impact established in the impact fee study and the fees imposed pursuant to any section in division 2 of this article, such applicant may, prior to issuance of a building permit for such construction, file an alternative impact fee study with the city administrator. The city administrator 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 construction shall be presumed to have the maximum impact on the city.

(c)

The alternative impact fee calculation shall be based on data, information or assumptions contained in this article and the impact fee study or independent sources, provided that:

(1)

The independent source is a generally accepted standard source of planning information and demand components of impact fee calculations, and the analysis is performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the impact fee study; or

(2)

The independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology for the demand components of impact fee calculations which are consistent with the impact fee study.

(d)

If the city administrator 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 pursuant to article II hereof.

(e)

If the city administrator 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 city administrator shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection and the reasons therefore.

(f)

An applicant who submits a proposed alternative impact fee pursuant to this section and desires the issuance of a building permit prior to the resolution of a pending alternative impact fee shall pay the applicable impact fee prior to or at the time said applicant desires the building permit. Said payment shall be deemed paid "under protest" and shall not be construed a waiver of any rights. If the impact fee from an approved alternative impact fee calculation is less than the amount determined by the applicable adopted impact fee schedule set forth in article II herein, the difference shall be refunded to the applicant or owner.

(Ord. No. 1001, 6-26-07)

(a)

Impact fees shall, upon receipt by the city, be deposited in separate trust funds established and maintained by the city and established as provided in article II for each impact fee imposed. Each such trust fund shall be maintained separate and apart from all other accounts of the city.

(b)

The monies deposited into any impact fee trust account shall be used solely for the purpose of providing growth-necessitated capital improvements in the specific impact fee program area for which fees were paid relating to the purposes set forth herein, 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, impact fee studies and their updates, 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 the construction thereto;

(5)

Any permitting or application fees necessary for the construction;

(6)

Design and construction of any government physical plant, building or road;

(7)

Design and construction of drainage facilities required by the construction of any government physical plant, building or road;

(8)

Relocating utilities required by the construction of any government physical plant, building or road;

(9)

Repayment of monies borrowed from any budgetary fund of the city which were used to fund growth necessitated capital improvements to any government physical plant, building or road as provided herein; and

(10)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to fund growth-necessitated improvements and additions subsequent to the effective date of this article.

(c)

The moneys deposited into any impact fee trust account shall be used solely to provide capital improvements necessitated by growth and shall not be used for any expenditure that would be classified as a maintenance or repair expense.

(d)

Any impact fee funds on deposit which are not immediately necessary for expenditure shall be invested by the city. All income derived from such investments shall be deposited in the applicable impact fee trust account and used as provided herein.

(e)

The impact fees collected under the authority of this article shall be returned to the then current owner of the property on behalf of which the impact fees were paid, if those fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of 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 administrator for the refund within six months following the end of the calendar quarter immediately following six years from the date on which the fee was received.

(2)

The petition for refund shall be submitted to the city administrator 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 90 days from the date of receipt of a petition for refund, the city administrator will advise the petitioner and the commission 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 it shall be returned to the petitioner. For the purposes of this section, impact fees collected shall be deemed to be spent or encumbered on the basis of the first fee collected shall be the first fee expended in the applicable impact fee category.

(Ord. No. 1001, 6-26-07)

(a)

Any person required to pay an impact fee imposed under division 2 of this article upon nonresidential construction when the impact fee amount due is in the amount of $100,000.00 or greater may pay such impact fee in installments under the terms and conditions set forth in this section.

(b)

In consideration for paying the impact fee in installments, an applicant must execute a binding and enforceable agreement with the city under which:

(1)

The owner acknowledges indebtedness for the entire impact fee; and

(2)

The payment schedule and rate of interest due on each installment payment is defined which rate of interest shall be the prevailing prime interest rate established for commercial lenders within the city; and

(3)

The owner waives the owner's rights to a refund under section 46-991 herein; and

(4)

The owner acknowledges the right of the city to record a judgment or to take measures available to any private party to enforce such a debt; and

(5)

The owner acknowledges that the unpaid amount of the impact fee constitutes a lien against the property and not merely the improvements thereto.

(c)

The agreement shall be recorded in the public records of the City of Quincy and shall constitute a lien against the real property on which the impact fee construction is located. Such lien shall have priority over all other liens except for taxes and other governmental liens and assessments.

(d)

Subject to the requirements of this section 46-994, the impact fee may be repaid in such installments and over such period of time (not to exceed five years) as may be mutually agreed upon by the owner and the city.

(Ord. No. 1001, 6-26-07)

The revenues realized from impact fees imposed pursuant to division 2 of this article shall be identified in the city's budget as a separate account required by F.S. § 163.31801(3)(b). The city shall maintain adequate records to justify all expenditures from any impact fee trust fund and any accounts established within such trust fund. The city shall prepare an annual report reflecting the collection and expenditures during the previous year of the impact fees imposed pursuant to division 2 of this article.

(Ord. No. 1001, 6-26-07)

At least ten calendar days prior to consideration by the commission of one or more resolutions implementing an indexing adjustment for one or more impact fees imposed pursuant to this article, the city shall publish notice of the intention of the commission to consider such resolution or resolutions in a newspaper of general circulation within the city. Such notice shall identify the impact fee or fees to be indexed and the amount of the proposed adjustment to each impact fee.

(Ord. No. 1001, 6-26-07)

The city may retain up to one percent of all impact fees received or the actual costs of collection, whichever is less, as an administrative fee to defray the costs of administering the impact fees levied pursuant to this article.

(Ord. No. 1001, 6-26-07)

The following shall be exempted from payment of any impact fees:

(1)

Alterations or expansion of an existing dwelling unit where no additional dwelling units are created and the expansion does not increase the size of the existing dwelling unit to a larger square foot impact fee category.

(2)

The construction of accessory buildings or structures which will not create additional dwelling units or increase the size of an existing dwelling unit to a larger square foot impact fee category.

(3)

The replacement of a dwelling unit where no additional dwelling units are created, the replacement dwelling unit is in the same square foot impact fee category as the previous dwelling unit, and the previous and replacement dwelling units are located on the same lot. Such replacement must occur within five years of the date the previous dwelling unit was previously occupied.

(4)

The issuance of a tie-down permit for a mobile home on which the applicable impact fee has previously been paid for the lot upon which the mobile home is to be situated.

(5)

Government-owned construction.

(6)

Any residential construction that qualifies as affordable housing and meets the following requirements:

a.

Any person seeking an affordable housing exemption for an owner-occupied residential construction shall file with the city administrator an application for exemption prior to receiving a building permit for the proposed residential construction. The application for exemption shall contain the following:

1.

The name and address of the owner;

2.

The legal description of the residential construction;

3.

The proposed selling price of the residential construction;

4.

Evidence that the residential construction shall be occupied by low income persons or very low income persons;

5.

Evidence that the residential construction shall be occupied as the legal homestead of the owner; and

6.

An original fully executed and recordable lien upon the residential construction that contains a clause requiring the payment of the impact fees in effect at any time the residential construction fails to satisfy the affordable housing requirements provided herein if such failure occurs during the 30 year period from the date of the issuance of a certificate of occupancy.

b.

Any person seeking an affordable housing exemption for rental residential construction located within a qualifying multi-family rental project shall file with the city administrator an application for exemption prior to receiving a building permit for the proposed residential construction. The application for exemption shall contain the following:

1.

The name and address of the owner,

2.

The legal description of the residential construction;

3.

The proposed rental rates;

4.

Evidence that the residential construction shall be occupied by low income persons or very low income persons; and

5.

Evidence that the residential construction is part of a multifamily project, which is funded by a governmental affordable housing program.

6.

An original fully executed and recordable lien upon the residential construction that contains a clause requiring the payment of the impact fees in effect at any time the residential construction fails to satisfy the affordable housing requirements provided herein if such failure occurs during the 30 year period from the date of the issuance of a certificate of occupancy.

c.

If the residential construction meets the requirements for an affordable housing exemption, the city administrator shall issue an exemption. The exemption shall be presented in lieu of payment of the impact fee.

d.

At the time the affordable housing exemption is granted by the city administrator, the city shall record an impact fee lien against the property that includes a clause requiring payment of impact fees in effect at the time the residential construction fails to satisfy the affordable housing requirements provided herein, if that failure occurs during the 30 year period following the issuance of the certificate of occupancy. Such liens shall have priority over all other liens except for taxes and governmental liens and assessments.

e.

In the event the residential dwelling unit fails to satisfy the affordable housing requirements provided herein during the 30 year period following the issuance of the certificate of occupancy such that the property no longer qualifies as affordable housing and is no longer occupied by low income persons or very low income persons, the impact fees in effect at the time of the change in circumstances shall be immediately due and payable.

(Ord. No. 1001, 6-26-07)

Impact fees shall be imposed and calculated for the alteration, expansion or replacement of a building or dwelling unit or the construction of an accessory building if the alteration, expansion or replacement of the building or dwelling unit or the construction of an accessory building results in a land use determined to increase the number of dwelling units or the expansion of any building or dwelling unit to a larger square foot impact fee category or the demand for the service or infrastructure for which the impact fee has been imposed. The impact fee imposed shall be the impact fee imposed under this article for the building, or accessory building after construction, alteration, expansion or replacement, less the impact fee that would be imposed for the building type prior to such alteration, expansion, replacement or construction.

(Ord. No. 1001, 6-26-07)

In the event an impact fee is not paid prior to the issuance of a building permit for the affected construction, the impact fee shall be collected at the issuance of the certificate of occupancy. In the event the impact fee is not paid prior to the issuance of a certificate of occupancy for the affected construction, the impact fee shall be collected by any other method which is authorized by law, unless, otherwise exempted pursuant to this article.

(Ord. No. 1001, 6-26-07)

(a)

Subject to the terms and conditions of this section 46-1012, a credit shall be granted against an impact fee imposed under division 2 of this article for the value of a donation of money, a parcel of land reasonably useful to the city, or provision or construction of a growth-necessitated capital improvement in the specific impact fee program contemplated to be provided by the impact fee for which the credit is requested whether such dedication, construction or provision is required pursuant to a development permit or made voluntarily in connection with construction. All donations, provisions or constructions shall be subject to the approval and acceptance of the city administrator. No credit shall be given for the donation of money or land or the provision or construction of a growth-necessitated capital improvement unless such property is conveyed, in fee simple to the city without consideration, after approval and acceptance by the city administrator and after such donation of land or provision or construction of a growth-necessitated capital improvement is included as a project in the capital improvement element of the city's comprehensive plan.

(b)

Prior to issuance of a building permit, the applicant shall submit a proposed plan for donations or contributions to the city administrator. The proposed plan shall include:

(1)

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

(2)

A legal description of any land proposed to be donated and a written appraisal;

(3)

A list of the contemplated contributions to the city 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)

The city administrator shall approve or deny the proposed plan in accordance with subsection (d) of this section and, if approved, establish the amount of credit in accordance with subsection (e) of this section. The city administrator shall issue a decision within 60 days after the filing of the proposed plan.

(d)

In reviewing the proposed plan, the city administrator shall determine:

(1)

If such proposed plan is in conformity with contemplated improvements and additions in the comprehensive plan's capital improvement element;

(2)

If the proposed donation of land or money or provision or construction of a growth-necessitated capital improvement by the applicant is consistent with the public interest;

(3)

If the proposed time schedule is consistent with the capital improvement program for the particular infrastructure demand for which the impact fee has been levied.

(e)

If a proposed plan is approved for credit by the city administrator, the applicant or owner and the city shall enter into a credit agreement which shall provide for the timing of the action to be taken by the applicant or owner and the obligations and responsibilities of the applicant or owner, including, but not limited to:

(1)

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

(2)

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

(3)

The amount of the credit.

(f)

A credit for the donation of land or money shall be granted at such time as the property which is the subject of the donation has been conveyed to and accepted by the city. A credit for the provision or construction of a growth-necessitated capital improvement shall be granted at such time as the capital improvement is completed, approved and accepted by the city. The administration of said contribution credits shall be the responsibility of the city administrator.

(g)

Any applicant or owner who submits a proposed plan pursuant to this section and desires the immediate issuance of a building permit prior to approval of the proposed plan shall pay the applicable impact fee pursuant to article II. Any difference between the amount paid and the amount due, should the city administrator approve and accept the proposed plan, shall be refunded to the applicant or owner. The administration of such refunds shall be the responsibility of the city administrator. No refunds may be granted except as provided in this subsection.

(h)

The provisions of this section 46-1012 shall not apply to credits against impact fees imposed under division 2 of this article.

(Ord. No. 1001, 6-26-07)

(a)

Except as otherwise provided in division 2 of this article, an applicant or owner who is required to pay an impact fee pursuant to division 2 of this article, shall have the right to request a review hearing pursuant to this section 46-1013.

(b)

Such review shall include but not be limited to the review of the following:

(1)

The application of the impact fee to the applicant or owner's construction.

(2)

Denial of an alternative impact fee.

(3)

Denial of an exemption pursuant to 46-1009 herein.

(4)

Any dispute concerning an application for credits pursuant to section 46-1012 herein.

(c)

Except as otherwise provided in this article, such review shall be requested by the applicant or owner within 30 days of written notice after the event sought to be reviewed.

(d)

The request for review shall be filed with the city administrator and shall contain the following:

(1)

The name and address of the applicant and owner;

(2)

The legal description of the property in question;

(3)

If issued, the date the building permit was issued;

(4)

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

(5)

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

(e)

Upon receipt of such request, including all the elements required pursuant to this article, the city administrator or his designee shall review the request, and within 30 days of the receipt of the complete request, approve or deny the request. If the applicant or owner making the request disagrees with the determination of the city administrator or his designee, the applicant or owner may appeal such decision to the commission.

(f)

Upon receipt of such appeal, a hearing shall be scheduled before the commission 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 appeal was filed. The record of such appeal shall consist only of those materials submitted to the city administrator or his designee and the written decision being appealed.

(g)

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, owner and governmental entity responsible for issuing the applicable building permit.

(h)

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

(i)

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 such impact fee is paid in the amount initially calculated or the amount approved upon completion of the review provided in this section.

(Ord. No. 1001, 6-26-07)

This article shall be reviewed by the city at least once every three years from the date this article is adopted. The initial and each subsequent review shall consider, but not be limited to, all components of the impact fee study accepted in section 46-964 herein. Said review shall also include detailed analyses of the economic impacts of this article. The purpose of this review is to demonstrate and assure that no impact fee exceeds reasonably anticipated costs associated with growth necessitated capital improvements. In the event the review of the ordinance, or the impact fee study, required by this section alters or changes the assumptions, conclusions and findings of the impact fee study accepted by reference in section 46-964 herein then the impact fee study shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and any impact fee imposed based on such component of the impact fee study shall be amended in accordance therewith.

(Ord. No. 1001, 6-26-07)

(a)

It is hereby found, ascertained and declared that:

(1)

The imposition of impact fees may place the city in a noncompetitive position with other local governments that have chosen not to require future growth to contribute its fair share of needed capital improvements and thus hinder efforts by the city and the community to encourage economic development opportunities within the city and to create permanent employment expansion opportunities for its citizens; and

(2)

The creation of an economic development trust fund funded from an annual appropriation of city general fund revenue and taxes measured by a percentage of projected impact fee collections for targeted economic development will facilitate the provision of economic development incentives to mitigate any real or perceived disadvantage occurring from the imposition of impact fees in the manner directed by the city by resolution or stated policy.

(3)

There is hereby created within the general fund budget of the city an "Economic Development Activity Trust Fund" to be funded by an annual transfer to the trust fund from revenues and taxes available in the city general fund. The amount of the annual trust fund transfer shall be such amount as appropriated by the city for the trust fund for each city budget year. The amounts on deposit in the Economic Development Activity Trust Fund shall be appropriated to provide for the creation and maintenance of the economic development program within the city based upon qualifying criteria within an economic development program established by subsequent resolution.

(Ord. No. 1001, 6-26-07)

There is hereby created within the general fund budget of the city an "Affordable and Workforce Housing Trust Fund" to be funded by an annual transfer to the trust fund from revenues and taxes available in the city general fund. The amount of the annual trust fund transfer shall be such amount as appropriated by the city for the trust fund for each city budget year. The amounts on deposit in the Affordable and Workforce Housing Trust Fund shall be appropriated to provide for the creation and maintenance of affordable and workforce housing within the city based upon qualifying criteria within an affordable and workforce housing program established by subsequent resolution.

(Ord. No. 1001, 6-26-07)

Nothing contained in this article shall be construed or interpreted to include the city in the definition of agency contained in F.S. § 120.52, or to otherwise subject the city to the application of the Administrative Procedures Act, F.S. ch. 120.

(Ord. No. 1001, 6-26-07)