A.

The City Council of the City of St. Cloud recognizes the urban nature of the city and that growth and development in the city will require that the capacity of the city's multimodal transportation be expanded in order to maintain adequate levels of service and transportation choices, and that without a funded program for multimodal transportation improvements, new growth and development would have to be limited in order to protect the health, safety and welfare of the citizens of the City of St. Cloud.

B.

The city council has completed a study updating the type, amount and cost of projected multimodal transportation improvements needed to serve new growth and development.

C.

The purpose of this article is to ensure that new growth and development that is approved by the city pays a fair share of the costs of multimodal transportation facilities needed to serve new growth and development.

D.

This article, which requires new development to pay reasonable mobility fees, requires new development to pay its pro rata share of the reasonably anticipated expansion costs of new multimodal transportation facilities created by new growth and development, which is the responsibility of the city in order to carry out the City of St. Cloud Plan, as amended, and ensuing capital improvements program is in the best interest of the public health, safety, and welfare.

E.

Florida statutes encourages local governments that have repealed transportation concurrency to:

1.

Develop tools and techniques including:

a.

Adoption of long-term strategies to facilitate development patterns that support multimodal solutions, including urban design, and appropriate land use mixes, including intensity and density;

b.

Adoption of an area-wide level of service not dependent on any single road segment function; and

c.

Establishing multimodal level of service standards that rely primarily on non-vehicular modes of transportation where existing or planned community design will provide adequate level of mobility.

F.

Adopt an alternative mobility funding system that uses one or more of the foregoing tools and techniques.

G.

The technical data, findings and conclusions herein are based on the report entitled "City of St. Cloud Mobility Fee Study," prepared by Tindale-Oliver & Associates, and dated January 2017 (referred to herein as the "Technical Report").

The city hereby adopts and incorporates by reference, the Technical Report, which among other things, supports the rates and reasonableness of the mobility fees imposed by this article.

Interpretation of the provisions of this article shall be made by the city manager or their designee.

A.

This article may not be construed to alter, amend, or modify any provision of the city's zoning code and City Code. Other provisions of the city's zoning code and City Code shall be operative and remain in full force and effect notwithstanding any contrary provisions, definitions, or intentions that are or may be expressed or implied in this article.

B.

The payment of mobility fees shall not entitle the applicant to a certificate of occupancy unless all other applicable land use, land development, zoning, planning, concurrency, and other applicable requirements, standards, and conditions have been met. Such other requirements, standards, and conditions are independent of the requirement for payment of mobility fees required by this article.

C.

This article, including the specific mobility fee ordinances for particular public facilities, shall not affect, in any manner, the permissible use of property, density or intensity of development, design and improvement standards, or other applicable standards or requirements of the zoning code.

D.

The payment of mobility fees does not ensure compliance with the city's land development regulations, including regulations relating to transportation corridor management, access management, substandard roads, secondary access, timing and phasing, and, where applicable, development of regional mobility review. However, if such regulations require transportation mitigation for the same impacts addressed through the payment of mobility fees, such regulations shall be deemed to provide for mobility fee credit against mobility fees consistent with state and federal law and this article.

For the purposes of this article the following terms and phrases shall have the meanings ascribed to them, except where the context clearly indicates a different meaning. Outside of this article, the terms below shall have the meaning customarily given to them or that ascribed to them in Chapter 8 of the LDC.

A.

References to "multimodal facilities" shall have the same meaning ascribed in chapter 8 with the following caveat: "multimodal facilities" as used in this article shall refer to those that are planned and designed to provide off-site transportation capacity to new development, in contrast to "on-site" improvements, which are necessary to provide safe and/or efficient access to a particular development. The fact that either type of improvement may have incidental benefits of special or general character shall not be considered in determining which facilities are considered a multimodal facility. The character of the improvement shall control a determination of whether an improvement meets the definition of multimodal facility and the physical location of the improvement on or off-site shall not be considered determinative.

B.

References to "Public facilities" shall mean capacity-adding multimodal facilities for which mobility fees are collected pursuant to this article.

A.

Affected area. This article shall apply to all new development/redevelopment within the city.

B.

Type of development affected. Except where specifically exempt by the provisions of this article, this article shall apply to all new development/redevelopment.

C.

Type of development not affected. The following types of development shall be exempt from the payment of mobility fees pursuant to this article:

1.

Alterations or expansion of an existing dwelling unit where no additional units are created and the use is not changed;

2.

The construction of accessory buildings or structures which will not increase the traffic generation associated with the principal building or structure or the land;

3.

The replacement of a destroyed or partially destroyed building or structure, with a new building or structure of the same size and use;

4.

The construction of agricultural structures;

5.

Temporary uses; and

6.

Essential public services.

D.

Reductions. Reductions from the requirement to pay mobility fees pursuant to this article shall be granted only as specifically provided in this article.

A.

Collection. Mobility fees required by this article shall be assessed against new development/redevelopment and collected in full prior to issuance of a certificate of occupancy by the city. The city may authorize the payment of mobility fees at another point in the development of the property only pursuant to a fair share fee agreement as provided in this section. The city commission may establish and collect an administrative charge to offset its actual costs of mobility fee collection by adoption of a resolution.

B.

Fair share fee agreements. At any time prior to the issuance of a certificate of occupancy, the owner of property may enter into a fair share fee agreement with the city providing for payment of mobility fees imposed by this article.

A.

Mobility fee schedule. A multimodal fee shall be assessed and collected from new development/redevelopment, pursuant to all applicable provisions of this article. The fee schedule shall be adopted by resolution of the city council.

B.

Mobility fee account. There is hereby established the mobility fee fund into which all mobility fees collected shall be deposited. Mobility fee revenues shall be spent only on multimodal facilities and multimodal capital costs as provided in this article.

C.

Multimodal capital costs. Multimodal capital costs include, but are not limited to, costs associated with the planning, design and construction of new or expanded roadway, bicycle, and pedestrian improvements to the city's classified road system and transit facilities which have a life expectancy of one or more years, and the land acquisition, land improvement, design, and engineering related thereto. Such costs do not include routine and periodic maintenance expenditures or personnel, training, or other operating costs but do include the following costs as they relate to the provision of multimodal improvements to the city's classified road system and transit facilities:

1.

The cost of all labor and materials;

2.

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

3.

The cost of all plans and specifications;

4.

The cost of all construction, including new through lanes, new turn lanes, new bridges, new drainage facilities in conjunction with roadway improvements which add capacity to the roadway system, new street lighting, new traffic signalization and landscaping, and new curbs, sidewalks, medians and shoulders, all in accordance with the City of St. Cloud's Plan or the zoning code;

5.

The costs of transit improvements, including bus shelters, bus stops, benches, transfer stations, and fleet vehicles;

6.

The cost of bicycle facilities and pedestrian walkway improvements on the classified mobility network;

7.

The cost of relocating utilities to accommodate new roadway construction;

8.

The cost of planning, engineering and legal services;

9.

The cost of all land surveying, and soils and materials testing; and

10.

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Any person who initiates any development may choose to provide an alternative calculation of the public facilities impacts of the proposed development. The alternative calculation study may be used to determine whether a fair share of the public facilities costs necessitated by the proposed development should be less than the fees set forth in this article or, if a particular use or combination of uses is not identified in this article, what fee the use should pay. Only the demand component of the technical calculation of the mobility fee can be challenged during the alternative calculation study. Of the four demand component variables, vehicle trips to person trips factor is a citywide average, which will not be altered while the other three components can be reviewed as part the alternative calculation study. Technical details of approach, methodology, procedures and other matters relating to the alternative fee calculation shall be discussed with and approved by the city manager or their designee prior to proceeding with the study.

A.

Any person who initiates any development may apply for a credit against the mobility fees imposed by this article for any contribution, payment, construction, or dedication of land accepted and received by the city for public facilities, not otherwise required in order to obtain development approval, consistent with the capital improvements program, including all public facilities capital costs.

B.

Development agreements entered into prior to the adoption of this article which contained public facility improvements may be entitled to a credit under the provisions of this section if the improvement is a public facility and is consistent with the capital improvements program.

C.

A developer may apply for a credit against the mobility fees imposed by this article upon development of a vacant parcel, whereby the new building(s) or structure(s) does not produce a higher trip generation rate than a previously existing building or structure on the subject parcel. It is the responsibility of the developer to provide evidence to the city manager or their designee as to the highest intensity building or structure previously constructed upon the parcel by which to calculate the reduction in the total amount of mobility fees otherwise required for the subject parcel. In the event that this evidence cannot be ascertained, the city shall use the trip generation rate of the last known building or structure on the parcel to determine whether payment of additional mobility fees apply. In the event the parcel to be developed has been, or may be, annexed into the city, this credit shall be based upon recognition of the trip generation of the highest intensity building or structure in existence prior to the annexation, at the time of annexation, or post-annexation.

D.

Except as limited above, if an applicant is entitled to a credit, such credit shall be equal to the dollar value of the cost of the public facilities contributed, paid for, constructed, or dedicated to the city, based on the following criteria:

1.

The actual cost, or estimated cost of improvements based on recent bid sheet information of the city; and

2.

A qualified appraisal of the fair market value of any land.

E.

The property owner shall initiate a determination of entitlement to credit by submitting a proposed credit agreement to the city manager or their designee. The credit agreement shall include the following information:

1.

A proposed plan of specific public facility improvements, prepared and certified by a duly qualified and licensed Florida engineer; and

2.

The estimated costs for the suggested public facilities improvements consistent with the definition of public facilities capital costs, which shall be based on local information for similar public facilities improvements, along with a construction timetable for the completion of such improvements.

F.

The proposed credit agreement shall be prepared by qualified professionals in the field of planning and engineering, impact analysis, and economics, as related to the particular mobility fee to be credited.

G.

Within ten business days of receipt of the proposed credit agreement, the city manager or their designee shall determine if the proposal is complete. If it is determined that the proposed credit agreement is not complete, the city manager or their designee shall send a written statement to the applicant outlining the deficiencies. The city manager or their designee shall take no further action on the proposed credit agreement until all deficiencies have been corrected or otherwise settled.

H.

Once the city manager or their designee determines the credit agreement is complete, he or she shall review it within 30 business days, and shall recommend to the city commission that the proposed credit agreement be approved if it is determined that the proposed public facility improvement is consistent with the capital improvements program, and the proposed costs for the suggested public facility improvement are professionally acceptable and fairly assess the cost for the capital improvement. If the city manager or their designee determines that either the suggested public facilities improvement is not consistent with the capital improvements program or that the proposed costs are not acceptable, he or she may propose a suggested public facility improvement similar to that proposed, but consistent with the provisions of this article.

I.

If the proposed credit agreement is approved by the city commission, a credit agreement shall be prepared and signed by the applicant and the city. The credit agreement shall specifically outline the public facility improvement that will be constructed by the applicant, the time by which it shall be completed, and the dollar credit the applicant shall receive for construction of the public facilities improvement.

J.

Within ten business days after execution by the city, the credit agreement shall be recorded with Osceola County.

K.

This article shall not be interpreted in a manner affecting the rights of parties to agreements entered into in connection with the payment of transportation mobility fees, including but not limited to, development agreements and consent agreements. All such agreements shall remain in full force and effect. Development on property otherwise entitled to a transportation mobility fee credit under such an agreement shall be entitled to a mobility fee credit in the amount specified in such agreement if:

1.

The improvement generating the transportation mobility fee credit was included in the transportation element of the city's comprehensive plan on the date of the agreement, and

2.

The parties, successors or assigns to the agreement acknowledge in writing that granting the mobility fee credit satisfies the city's obligation under such agreement on a dollar-for-dollar basis.

A.

There is hereby established a separate trust fund account titled mobility fee fund. Mobility fees collected pursuant to this article shall be used solely for the purpose of acquisition, expansion, and development of the public facilities identified in the capital improvements program, the need for which results from and the provision of which will benefit new development paying mobility fees. Allowable expenditures include, but are not limited to:

1.

Public facilities and public facilities capital costs identified in the capital improvements program;

2.

Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund the acquisition, expense and development of the public facilities identified in the capital improvements program;

3.

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds for acquisition, expansion and development of public facilities identified in the capital improvements program;

4.

Administration of the city's mobility fee program to the extent that such administration costs do not exceed actual costs.

B.

Mobility fees collected shall be encumbered for the construction of public facilities within seven years of the date of collection.

C.

In order to ensure that mobility fee revenues are earmarked and spent solely for the expansion of public facilities necessary to offset the impacts of new development, the following provisions apply:

1.

The city shall establish and maintain a separate mobility fee account for which the mobility fee is collected, in accordance with the provisions of this article. This fund shall be the mobility fee fund.

2.

Mobility fees shall be spent solely for capacity-adding improvements to the city's multimodal transportation system.

3.

Any amounts in the mobility fee fund not immediately necessary for expenditure shall be invested in an interest-bearing account and all interest income derived from such investments shall be deposited in the mobility fee fund.

D.

Mobility fee revenues shall remain segregated from other city funds and only mobility fees and accrued interest shall be maintained in the mobility fee fund.

E.

Amounts withdrawn from the mobility fee fund must be used solely in accordance with the provisions of this article. Amounts on deposit in the mobility fee fund shall not be used for any expenditure that would be classified as a maintenance, operations, or repair expense.

A.

In the absence of a fair share fee agreement and in the event mobility fees are not encumbered within seven years from the date of collection, the city shall refund the amount of the fee along with accrued interest to the owner of the land for which the fee was collected upon request by the owner of the land. For purposes of refunds, the owner of the land on which a mobility fee was paid shall be the owner of record at the time that the refund is paid. The owner of the property on which a mobility fee has been paid shall have standing to sue for a refund under the provisions of this section. No action shall be commenced after one year after the date of expiration of the required encumbrance date.

B.

A refund application shall include the following information:

1.

A notarized sworn statement that the fee payer paid the mobility fee for the property and the amount paid;

2.

A copy of the dated receipt issued by the city for payment of the fee;

3.

A certified copy of the latest recorded deed for the property; and

4.

A copy of the most recent ad valorem tax bill.

C.

Within ten business days of receipt of a refund application, the city manager or their designee shall determine if it is complete. If the city manager or their designee determines the refund application is not complete, the city manager or their designee shall send a written statement specifying the deficiencies by mail to the person submitting the refund application. Unless the deficiencies are corrected, the city manager or their designee shall take no further action on the refund application.

D.

When the city manager or their designee determines the refund application is complete, the city manager or their designee shall review it within ten business days, and shall approve the proposed refund if the city manager or their designee determines that the city has not spent or encumbered a mobility fee within seven years from the date the fees were paid.

E.

When the refund application is approved, the money shall be returned with interest actually accrued, less any administrative charges paid to offset the city's costs of collection.

F.

Any fee payer may appeal the city manager or their designee's decision regarding a refund application by filing a notice of appeal with the city auditor and clerk within ten business days of the date of the city manager or their designee's decision. The city commission shall hold a de novo public hearing to consider the appeal and may affirm, affirm with conditions or reverse the decision of the city manager or their designee.

A.

At least once every five years, the city shall update the technical report which provides the basis for the mobility fees imposed under this article.

B.

On an annual basis, a report to the city council shall be made on the following:

1.

The amount of mobility fee revenues currently on account for which mobility fees are collected;

2.

The amount and nature of any expenditure or encumbrance of mobility fees since the prior annual report; and

3.

The amount and nature of any planned expenditures or encumbrances of mobility fees prior to the next annual report.

C.

Audits of the city's financial statements, which are performed by a certified public accountant pursuant to Florida statutes, and submitted to the auditor general, must include an affidavit signed by the finance city manager or their designee, stating that the city has complied with the requirements of Florida statutes.

D.

All updates and annual adjustments to this article shall comply with statutory requirements for notice and publication.

A.

Initiation. A fee payer may appeal a final decision of the city manager or their designee made pursuant to any provision of this article to the city manager, by filing an appeal, in writing, with the city clerk, within ten business days of the decision. The appeal shall include a written notice stating and specifying briefly the grounds of the appeal. The city manager shall respond in writing within 15 business days of the receipt of the appeal. If the city manager upholds the decision of the city manager or their designee, the fee payer may appeal the city manager's decision to the city council by filing an appeal, in writing, with the city clerk, within ten business days of the city manager's decision. The city clerk shall place the appeal on the city council's agenda for a regularly scheduled meeting or a special meeting called for that purpose, and forward the record of the matter that is on appeal to the city council.

B.

Record. The record considered by the city council shall be the record of the application associated with the final decision of the city manager or their designee and city manager being appealed and any other documents related to the decision.

C.

Notice. The city clerk shall provide the applicant at least 15 calendar days notice of the appeal before the city council by mail or hand delivery.

D.

Hearing on appeal. At the hearing on the appeal, the city council shall provide the appellant an opportunity to identify the grounds for the appeal and the basis for the city manager or their designee's and city manager's alleged error on the decision, based on the record. To the extent relevant, the city manager or their designee and/or the city manager, or their designees, shall be allowed to respond, based on the record. After the presentations, the city council may hear from any other person(s) it deems appropriate, and then based on the testimony heard at the hearing and the record affirm, modify, or reverse the decision on appeal.

E.

Standards. To reverse a decision of the city manager or their designee and the city manager, the city council must find that there is a clear and demonstrable error in the application of the facts in the record to the applicable standards set forth in this article. If the city council reverses or modifies the decision, it shall provide the city manager or their designee and city manager clear direction on the proper decision. In no case shall the city council have the authority to negotiate the amount of the mobility fees or waive the mobility fees otherwise specified in this article. The decision of city council shall be final.

F.

Form of decision. The city council's decision on the appeal shall be in writing, and include findings of fact and the application of those facts to the relevant standards.

A.

The city council has the authority to adopt this article pursuant to Article VIII, Section 2, of the constitution of the state, and F.S. ch. 166, and article II of the Charter Laws of the city.

B.

This article shall apply within the municipal boundaries of the city.

A.

This article is intended to assist in the implementation of the city's comprehensive plan.

B.

The purpose of this article is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to provide park lands and recreation facilities within the municipal boundaries of the city.

C.

The city council has determined and recognized through adoption of this impact fee article, that new growth and development which the city will experience shall necessitate extensive improvements, capital facilities and infrastructure, including park lands and recreational facilities. In order to finance the necessary new capital costs and improvements, several combined methods of financing shall be employed, one of which shall impose a regulatory impact fee on new growth and development which does not exceed the reasonably anticipated costs of the capital expenditures required to serve future growth and new development by providing for needed police and for services and related facilities.

D.

Implementing a regulatory scheme that requires new development to pay an impact fee that does not exceed the reasonably anticipated capital costs incurred to serve new growth and development is the responsibility of the city in order to carry out the policy and intent of its comprehensive plan, and is in the best interest of the health, safety and welfare of the citizens of the city.

E.

The purpose of this article is to enable the city to allow growth and development to proceed in the city in compliance with the comprehensive plan, and to regulate growth and development so as to require growth and development to share in the burdens of growth by paying for the reasonably anticipated capital costs attributable to growth and new development.

F.

It is not the purpose of this article to collect fees from growth and development in excess of the cost of the reasonably anticipated capital requirements needed to serve the new growth and development. The city council hereby finds that this article has approached the problem of determining impact fees in a conservative and reasonable manner. This article shall result in only partial recoupment of the capital expenditures attributable to future growth and new development. Impact fees shall not be utilized to correct any existing deficiencies in any fashion whatsoever.

A.

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

B.

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

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; the word "may" is permissive.

3.

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

4.

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

5.

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

6.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provision, 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, provision 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.

7.

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

A.

Any person who, after the effective date of the ordinance from which this article is derived, seeks to develop land within the city requiring the issuance of a certificate of capacity, a building permit, or an extension of a building permit issued prior to that date for any facility structure or use, including permits and extensions thereof for mobile homes, or otherwise make an improvement to land which shall generate additional demand on park and recreation facilities, is hereby required to pay a park and recreation impact fee in the manner and amount set forth in this article.

B.

No certificate of capacity, building permit, or an extension of a building permit issued prior to that date for any facility structure or use, including permits and extensions thereof for mobile homes, or for any activity requiring payment of an impact fee as required by this article shall be issued without incurring an impact fee liability. The fee amount shall be that fee in effect, pursuant to section 5.2.5, at the time of payment.

C.

No extension of a building permit for any facility structure or use, permit for mobile home installation, or for any activity requiring payment of an impact fee as required by this article issued prior to the effective date of the ordinance from which this article is derived shall be granted unless the impact fee liability set forth in subsection B above is incurred.

A.

The applicable amount of the park and recreation impact fee for the structure, land development or otherwise shall be taken from the impact fee schedule as calculated by the city manager and confirmed by this article and future resolution of the city council.

B.

From time to time, the city manager shall calculate the amount of park and recreation impact base fees for each of the various categories established below:

C.

The variables (i.e., park and recreation impact fee parameters) as set forth in the impact fee program report are determinative in the calculation of the park and recreation impact fees.

D.

In his calculations of the park and recreation impact fee amounts, the city manager, or his designee, shall use the calculation formula and the impact fee schedule contained in the impact fee program report, incorporated herein. The calculation formula and the impact fee schedule may be changed by resolution from time to time adopted, with the values of the park and recreation impact fee parameters established therein.

E.

To the extent applicable, the impact fee calculation formula shall include a credit for local option sales tax and other tax payments, which may be used in funding park and recreation capital costs and facilities. The park and recreation gross impact fee may be discounted by a percentage, which shall be confirmed by this article and/or future resolution of the city council from time to time. The park and recreation impact fee schedule and the schedule as may be discounted shall be maintained in the office of the city manager. The purpose of these credits and discounts are to encourage the use of such schedule in order to avoid administrative costs required to process independent fee calculations and studies.

1.

If a building permit is requested for mixed uses, then the fee shall be determined by using the applicable schedule and apportioning the space committed to uses specified on the applicable schedule.

2.

For applications for an extension of a building permit or an extension of a permit for mobile home installation, the amount of the fee is the difference between that fee then applicable and any amount already paid or incurred pursuant to this article.

3.

If the type of development activity that a building permit is applied for is not specified on the applicable fee schedule, the city manager shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. The city manager shall be guided in the selection of a comparable type by the city comprehensive plan, support documentation of the city comprehensive plan, and the City Land Development Code. If the city manager determines that there is no comparable type of land use on the applicable fee schedule, then the city manager shall determine the appropriate fee by considering demographic or other documentation which is available from federal, state, local and regional authorities by applying the impact fee formulae presented in the impact fee program report.

4.

In the case of change of use, redevelopment or expansion or modification of an existing use which requires the issuance of a building permit or permit for mobile home installation, the impact fee shall be based upon the net positive increase, if any, in the impact fee for the new use as compared to the previous use. The city manager shall be guided in this determination by the sources and agencies referred to in the impact fee report.

F.

If a fee payer opts not to have the impact fee determined according to section 5.2.5.A above, then the fee payer shall prepare and submit to the city manager an independent fee calculation study for the land development activity for which a building permit or permit for mobile home installation is sought. The independent fee calculation study shall follow the prescribed methodologies and formats in a manner and type as found in the report entitled FY 2016 Impact Fee Study dated July 20, 2017, or in the most recent park and recreation impact fee methodology as such methodology may be amended from time to time, and such independent fee shall be calculated by applying the impact fee formula presented in the Impact Fee Study Report of July 20, 2017. The documentation submitted shall show the basis upon which the independent fee calculation was made, including, but not limited to, the following:

1.

Park and recreation land and facilities, and/or cost studies.

a.

Documentation of cost of land and/or facilities.

b.

Documentation of direct costs to equip such land and facilities, including, but not limited to, the costs of courts, fields, pools, paths and equipment and service facilities necessary to maintain the established level of service.

2.

Economic documentation studies.

a.

Documentation of the specific demographics applicable to and appropriate for the proposed land development activity.

b.

Documentation of credits attributable to the proposed land development activity which can be expected to be available to replace the portion of the service volume generated by the proposed land development activity.

Independent fee calculation studies shall be prepared and presented by professionals qualified in their respective fields. The city manager shall consider the documentation submitted by the fee payer but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the fee payer shall pay park and recreation impact fees based upon the schedules referenced in section 5.2.5.A above. If an acceptable independent fee calculation is presented, the city manager may adjust the fee to that appropriate to the particular development. The adjustment may include a credit against the fee otherwise payable up to ten percent for park and recreation facilities constructed or otherwise set aside for park and recreation purposes by the fee payer which serve the same purposes and functions as set forth for park and recreation facilities in the city comprehensive plan, provided that adequate documentation is presented which ensures that any internal capture of park and recreation demand is greater than off-site park and recreation demand. Determinations made by the city manager pursuant to this paragraph may be appealed to the city council by filing a written request with the city manager within ten days of the city manager's determination.

A.

The fee payer shall pay the park and recreation impact fee required by this article to the city prior to the issuance of a certificate of occupancy or a permit for mobile home installation. In addition, payment of the impact fee, either in whole or in part, may be required provided such payment is authorized by resolution of the city council pursuant to, section 2.11.6, Establishment of fees and charges, of the Land Development Code of the city.

B.

All funds collected shall be promptly deposited in the park and recreation impact fee fund to be held in a separate accounts as determined in section 5.2.8 and used solely for the purposes specified in this article.

A.

The St. Cloud Park and Recreation Impact Fee District, hereby established, shall be coterminous with the municipal limits of the city, as the same may be lawfully modified from time to time.

B.

Additional park and recreation impact fee districts are authorized as the same may be approved by resolution of the city council, authorizing interlocal agreement delineating such districts, as anticipated by section 5.2.9 below.

A.

There is hereby established one impact fee fund, for the park and recreation impact fee district above established by section 5.2.7. Subaccounts for each district may be established within the impact fee fund as standard accounting practice and procedure shall dictate.

B.

Funds withdrawn from this fund shall be used in accordance with the provisions of section 5.2.9.

C.

Any funds not immediately necessary for park and recreation capital improvement program may be invested in the manner provided by law for the investment of surplus city funds. All interest earned on invested funds shall bear the same restrictions on expenditure as those funds which created the interest.

A.

Funds collected from park and recreation impact fees shall be used for the purpose of acquisition of park land, construction of courts, paths, pools, and facilities, expansion of existing facilities and the costs of equipment for new and existing parks.

B.

Funds expended for park and recreation facilities and equipment outside the jurisdiction of the city shall be expended in a manner set forth in an interlocal agreement with the county, or other local government jurisdiction, and executed pursuant to law.

C.

No funds shall be used for periodic or routine maintenance.

D.

Funds shall be used exclusively for capital improvements or expansion within the park and recreation impact fee district, as specified in section 5.2.7 hereof, from which the funds were collected; or for park and recreation projects identified in the city's comprehensive plan which are of benefit to the district from which the funds were collected and such projects are subject to a formal interlocal agreement with another local jurisdiction. Funds shall be expended in the order in which they are collected.

E.

In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which park and recreation impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in paragraph (A) of this section and are located within the appropriate impact fee districts created by section 5.2.7 or as provided in paragraphs B and D of this section.

F.

At least once each fiscal period, and as a part of the city's comprehensive plan capital improvement element, the city manager shall present to the city council a proposed capital improvement program for park and recreation, assigning funds, including any accrued interest from the park and recreation impact fee fund to specific park and recreation improvement projects and related expenses. Monies, including any accrued interest not assigned in any fiscal period shall be retained in the same park and recreation impact fee fund until the next fiscal period except as provided by the refund provisions of this article.

G.

Funds may be used to provide refunds as described in section 5.2.10.

H.

The general fund of the city shall be entitled to retain not more than five percent of the funds collected, and interest thereon, as compensation for the expense of collecting the fee and administering this article.

If a building permit or permit for mobile home installation expires without commencement of construction and the impact fee has been paid, then the fee payer may be entitled to a refund, without interest, of the impact fee paid as a condition for its issuance except that the general fund of the city shall retain ten percent of the fee, not to exceed $1,000.00, to offset a portion of the costs of collection and refund. The fee payer shall submit an application for such a refund within 30 days of the expiration of the permit.

A.

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

1.

Alterations of an existing building where no additional residential units or building square footage is created, where the use is not changed, and where no additional park and recreation demand will be generated over and above those generated by the existing use.

2.

The construction of accessory buildings or structures which will not generate additional park and recreation demand over and above that generated by the principal building or use of the land.

3.

The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional park and recreation demand will be generated by the replacement.

4.

The installation of a replacement mobile home on a lot or other such site when a park and recreation impact fee for such mobile home site has previously been paid pursuant to this article or where a mobile home legally existed on such site on or prior to the effective date of the ordinance from which this article is derived, provided that no additional park and recreation demand will be generated by the replacement.

Any claim of exemption shall be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

B.

Credits.

1.

No credit shall be given for site-related improvements or site-related dedications, except as provided for in this article or in the impact fee report.

2.

Park and recreation capital improvements may be offered by the fee payer as total or partial payment of the required fee. The offer shall specifically request or provide for a park and recreation impact fee credit. If the city manager accepts such an offer, whether the acceptance is before or after the effective date of the ordinance from which this article is derived, the credit shall be determined and provided for in the following manner:

a.

Credit for the dedication of non-site-related park and recreation lands shall be valued at (i) 115 percent of the most recent assessed value by the county property appraiser, or (ii) the purchase price of said land as reflected in the closing documents of the most recent transfer, or (iii) at the option of the fee payer, by fair market value established by private appraisers acceptable to the city. Credit for the dedication of park and recreation land shall be provided when the property has been conveyed at no charge to, and accepted by, the city in a manner satisfactory to the city council.

b.

Applicants for credit for construction of non-site-related improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the city manager. The city manager shall determine credit for park and recreation capital improvement facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the city manager determines that such estimates submitted by the applicant are either unreliable or inaccurate. The city manager shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant shall sign and date a duplicate copy of such letter or certificate indicating his agreement to the terms of the letter or certificate and return such signed document to the city manager before credit shall be given. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit.

c.

Except as provided in subparagraph (d), credit for construction of non-site-related improvements against impact fees otherwise due shall not be provided until:

(1)

The construction is completed and accepted by the city, or other jurisdiction as provided by interlocal agreement having been executed pursuant to section 5.2.7.B, and section 5.2.9.A;

(2)

A suitable maintenance and warranty bond is received and approved by the city attorney and the city engineer, when the project is under the jurisdiction of the city; or a letter from the applicable jurisdiction stating the construction has meet all warranty requirements of said jurisdiction; and

(3)

All design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with the then current city engineering requirements, when applicable.

d.

Credit may be provided before completion of specified park and recreation improvements if adequate assurances are given by the applicant that the standards set out in subparagraph (c) shall be met and if the fee payer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the city attorney in an amount determined by the city manager consistent with then current City Land Development Code. If the park and recreation facility or improvement construction project will not be constructed within one year of the acceptance of the offer by the city manager, the amount of the security shall be increased by ten percent compounded for each year of the life of the security. The security shall be reviewed and approved, as to form, by the city attorney prior to acceptance of the security by the city manager. If the park and recreation facility or improvement project is not to be completed within two years of the date of the fee payers offer, the city council shall approve the project and its scheduled completion date prior to the acceptance of the offer by the city manager.

3.

Any claim for credit shall be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

4.

Credits shall not be transferable from one project or development to another without the approval of the city council. Credits may only be transferred to a development in a different impact fee district authorized by section 5.2.7.B, above, or to another local government jurisdiction that has a formal interlocal agreement with the city as specified in section 5.2.9.B, above, upon a finding by the city council that the dedication of park and recreation facility or improvement for which the credit was given, benefits such different impact fee district.

5.

In the event fee schedules are subsequently changed to reflect increases or decreases in construction costs or other relevant factors, then a fee payer may request a recalculation of credits to fairly reflect such changed circumstances.

6.

Determinations made by the city manager pursuant to the credit provisions of this section may be appealed to the city council by filing a written request with the city manager within ten days of the city manager's determination, as shall be communicated by the city manager in writing to the fee payer and such written determination shall give notice of this appeal provision.

The fees referenced in section 5.2.5.A shall be reviewed by the city council at least once each fiscal year at the time of the city's comprehensive plan capital improvement element amendment review.

The city manager is authorized, and he is directed, to prepare reasonable administrative regulations and policies in regard to the implementation of this article, as orderly administration shall require, and the same shall be approved and adopted by resolution of the city council, from time to time.

A violation of this article shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, compliance herewith may be enforced by the city code enforcement board as provided by law.

A.

The city council has the authority to adopt this article pursuant to Article VIII, Section 2, of the constitution of the state, and F.S. ch. 166, and Article II of the Charter Laws of the City.

B.

This article shall apply within the municipal boundaries of the city.

A.

This article is intended to assist in the implementation of the city comprehensive plan.

B.

The purpose of this article is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to provide police and fire services and related facilities within the municipal boundaries of the city.

C.

The city council has determined and recognized through adoption of this impact fee article, that new growth and development which the city will experience shall necessitate extensive improvements, capital facilities and infrastructure, including police and fire services and related facilities. In order to finance the necessary new capital costs and improvements, several combined methods of financing shall be employed, one of which shall impose a regulatory impact fee on new growth and development which does not exceed the reasonably anticipated costs of the capital expenditures required to serve future growth and new development by providing for needed police and for services and related facilities.

D.

Implementing a regulatory scheme that requires new development to pay an impact fee that does not exceed the reasonably anticipated capital costs incurred to serve new growth and development is the responsibility of the city in order to carry out the policy and intent of its comprehensive plan, and is in the best interest of the health, safety and welfare of the citizens of the city.

E.

The purpose of this article is to enable the city to allow growth and development to proceed in the city in compliance with the comprehensive plan, and to regulate growth and development so as to require growth and development to share in the burdens of growth by paying for the reasonably anticipated capital costs attributable to growth and new development.

F.

It is not the purpose of this article to collect fees from growth and development in excess of the cost of the reasonably anticipated capital requirements needed to serve the new growth and development. The city council hereby finds that this article has approached the problem of determining impact fees in a conservative and reasonable manner. This article shall result in only partial recoupment of the capital expenditures attributable to future growth and new development. Impact fees shall not be utilized to correct any existing deficiencies in any fashion whatsoever.

A.

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

B.

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

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; the word "may" is permissive.

3.

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

4.

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

5.

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

6.

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

a.

"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.

7.

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

8.

"City manager" means the city manager or the professionally qualified city officials he may designate to carry out the administration of this article.

A.

Any person who, after the effective date of the ordinance from which this article is derived, seeks to develop land within the city requiring the issuance of a certificate of capacity, a building permit, or an extension of a building permit issued prior to that date for any facility structure or use, including permits and extensions thereof for mobile homes, or otherwise make an improvement to land which shall generate additional demand on police and fire services and related facilities, is hereby required to pay a public safety services impact fee in the manner and amount set forth in this article.

B.

No certificate of capacity, building permit, or an extension of a building permit issued prior to that date for any facility structure or use, including permits and extensions thereof for mobile homes, or for any activity requiring payment of an impact fee as required by this article shall be issued without incurring an impact fee liability. The fee amount shall be that fee in effect, pursuant to section 5.3.5, at the time of payment.

C.

No extension of a building permit for any facility structure or use, permit for mobile home installation, or for any activity requiring payment of an impact fee as required by this article issued prior to the effective date of the ordinance from which this article is derived shall be granted unless the impact fee liability set forth in subsection B above is incurred.

A.

The applicable amount of the public safety services impact fee for the structure, land development or otherwise shall be taken from the impact fee schedule as calculated by the city manager and confirmed by resolution of the city council.

B.

From time to time, the city manager shall calculate the amount of public safety services impact base fees for each of the various categories established below:

C.

The variables (i.e., public safety services impact fee parameters) as set forth in the impact fee program report are determinative in the calculation of the public safety services impact fees.

D.

In his calculations of the public safety impact fee amounts, the city manager, or his designee, shall use the calculation formula and the impact fee schedule contained in the impact fee program report, incorporated herein. The calculation formula and the impact fee schedule may be changed by resolution from time to time adopted, with the values of the public safety impact fee parameters established therein.

E.

To the extent applicable, the impact fee calculation formula shall include a credit for local option sales tax and other tax payments, which may be used in funding public safety capital costs and facilities. The public safety gross impact fee may be discounted by a percentage, which shall be confirmed by resolution of the city council from time to time. The public safety impact fee schedule and the schedule as may be discounted shall be maintained in the office of the city manager. The purpose of these credits and discounts are to encourage the use of such schedule in order to avoid administrative costs required to process independent fee calculations and studies.

1.

If a building permit is requested for mixed uses, then the fee shall be determined by using the applicable schedule and apportioning the space committed to uses specified on the applicable schedule.

2.

For applications for an extension of a building permit or an extension of a permit for mobile home installation, the amount of the fee is the difference between that fee then applicable and any amount already paid or incurred pursuant to this article.

3.

If the type of development activity that a building permit is applied for is not specified on the applicable fee schedule, the city manager shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. The city manager shall be guided in the selection of a comparable type by the city comprehensive plan, support documentation of the city comprehensive plan, and the City Land Development Code. If the city manager determines that there is no comparable type of land use on the applicable fee schedule, then the city manager shall determine the appropriate fee by considering demographic or other documentation which is available from federal, state, local and regional authorities by applying the impact fee formulae presented in the impact fee program report.

4.

In the case of change of use, redevelopment or expansion or modification of an existing use which requires the issuance of a building permit or permit for mobile home installation, the impact fee shall be based upon the net positive increase, if any, in the impact fee for the new use as compared to the previous use. The city manager shall be guided in this determination by the sources and agencies referred to in the impact fee report.

F.

If a fee payer opts not to have the impact fee determined according to paragraph A of this section, then the fee payer shall prepare and submit to the city manager an independent fee calculation study for the land development activity for which a building permit or permit for mobile home installation is sought. The independent fee calculation study shall follow the prescribed methodologies and formats in a manner and type as found in the impact fee program report, or in the most recent municipal/public safety impact fee methodology as such methodology may be amended from time to time, and such independent fee shall be calculated by applying the impact fee formula presented in the impact fee program report. The documentation submitted shall show the basis upon which the independent fee calculation was made, including but not limited to the following:

1.

Public safety facilities, engineering, and/or cost studies.

a.

Documentation of cost of land and/or facilities.

b.

Documentation of direct costs to equip a fulltime police officer and/or firefighter, including but not limited to, the costs of vehicles, and service facilities necessary to maintain the established level of service and responses times.

2.

Economic documentation studies.

a.

Documentation of the specific demographics applicable to and appropriate for the proposed land development activity.

b.

Documentation of credits attributable to the proposed land development activity which can be expected to be available to replace the portion of the service volume generated by the proposed land development activity.

G.

Independent fee calculation studies shall be prepared and presented by professionals qualified in their respective fields. The city manager shall consider the documentation submitted by the fee payer but is not required to accept such documentation as he shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the fee payer shall pay public safety impact fees based upon the schedules referenced in paragraph A. of this section. If an acceptable independent fee calculation is presented, the city manager may adjust the fee to that appropriate to the particular development. The adjustment may include a credit against the fee otherwise payable up to ten percent, for public safety facilities constructed or otherwise set aside for public safety purposes by the fee payer which serve the same purposes and functions as set forth for public safety facilities in the city comprehensive plan, provided that adequate documentation is presented which ensures that any internal capture of public safety demand is greater than off-site public safety demand. Determinations made by the city manager pursuant to this paragraph may be appealed to the city council by filing a written request with the city manager within ten days of the city manager's determination.

A.

The fee payer shall pay the public safety impact fee required by this article to the city prior to the issuance of a certificate of occupancy or a permit for mobile home installation. In addition, payment of the impact fee, either in whole or in part, may be required provided such payment is authorized by resolution of the city council pursuant to, section 2.11.6, of the Land Development Code of the city.

B.

All funds collected shall be promptly deposited in the public safety impact fee fund to be held in a separate account as determined in section 5.3.8 and used solely for the purposes specified in this article.

A.

The St. Cloud Public Safety Impact Fee District, hereby established, shall be coterminous with the municipal limits of the city, as the same may be lawfully modified from time to time.

B.

Additional public safety impact fee districts are authorized as the same may be approved by resolution of the city council, authorizing interlocal agreement delineating such districts, as anticipated by section 5.3.9 below.

A.

There is hereby established one impact fee fund, for the public safety impact fee district above established by section 5.3.7. Subaccounts for each district may be established within the impact Fee Fund as standard accounting practice and procedure shall dictate.

B.

Funds withdrawn from this fund shall be used in accordance with the provisions of section 5.3.9.

C.

Any funds not immediately necessary for the public safety capital improvement program may be invested in the manner provided by law for the investment of surplus city funds. All interest earned on invested funds shall bear the same restrictions on expenditure as those funds which created the interest.

A.

Funds collected from public safety impact fees shall be used for the purpose of capital expansion of facilities and the costs to equip fulltime police officers (e.g., uniform, weaponry, vehicle) and fulltime firefighters (e.g., fire apparel, self-contained breathing apparatus) and the cost of vehicles (e.g., fire engine, ambulance).

B.

Funds expended for public safety facilities and equipment outside the jurisdiction of the city shall be expended in a manner set forth in an interlocal agreement with the county, or other local government jurisdiction, and executed pursuant to law.

C.

No funds shall be used for periodic or routine maintenance.

D.

Funds shall be used exclusively for capital improvements or expansion within the public safety impact fee district, as specified in section 5.3.7, hereof, from which the funds were collected; or for public safety projects identified in the city's comprehensive plan which are of benefit to the district from which the funds were collected and such projects are subject to a formal interlocal agreement with another local jurisdiction. Funds shall be expended in the order in which they are collected.

E.

In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which public safety impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in paragraph (A) of this section and are located within the appropriate impact fee districts created by section 5.3.7 or as provided in paragraphs B and D of this section.

F.

At least once each fiscal period, and as a part of the city's comprehensive plan capital improvement element, the city manager shall present to the city council a proposed capital improvement program for public safety, assigning funds, including any accrued interest from the public safety impact fee fund to specific public safety improvement projects and related expenses. Monies, including any accrued interest not assigned in any fiscal period shall be retained in the same public safety impact fee fund until the next fiscal period except as provided by the refund provisions of this article.

G.

Funds may be used to provide refunds as described in section 5.3.9.

H.

The general fund of the city shall be entitled to retain not more than five percent of the funds collected, and interest thereon, as compensation for the expense of collecting the fee and administering this article.

If a building permit or permit for mobile home installation expires without commencement of construction and the impact fee has been paid, then the fee payer may be entitled to a refund, without interest, of the impact fee paid as a condition for its issuance except that the general fund of the city shall retain ten percent of the fee, not to exceed $1,000.00, to offset a portion of the costs of collection and refund. The fee payer shall submit an application for such a refund within 30 days of the expiration of the permit.

A.

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

1.

Alterations of an existing building where no additional residential units or building square footage is created, where the use is not changed, and where no additional public safety demand will be generated over and above those generated by the existing use.

2.

The construction of accessory buildings or structures which will not generate additional public safety demand over and above that generated by the principal building or use of the land.

3.

The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional public safety demand will be generated by the replacement.

4.

The installation of a replacement mobile home on a lot or other such site when a public safety impact fee for such mobile home site has previously been paid pursuant to this article or where a mobile home legally existed on such site on or prior to the effective date of the ordinance from which this article is derived, provided that no additional public safety demand will be generated by the replacement.

Any claim of exemption shall be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

B.

Credits.

1.

No credit shall be given for site-related improvements or site-related dedications, except as provided for in this article or in the impact fee report.

2.

Public safety facilities capital improvements may be offered by the fee payer as total or partial payment of the required fee. The offer shall specifically request or provide for a public safety impact fee credit. If the city manager accepts such an offer, whether the acceptance is before or after the effective date of the ordinance from which this article is derived, the credit shall be determined and provided for in the following manner:

a.

Credit for the dedication of non-site-related public safety lands shall be valued at (i) 115 percent of the most recent assessed value by the county property appraiser, or (ii) the purchase price of said land as reflected in the closing documents of the most recent transfer, or (iii) at the option of the fee payer, by fair market value established by private appraisers acceptable to the city. Credit for the dedication of public safety land shall be provided when the property has been conveyed at no charge to, and accepted by, the city in a manner satisfactory to the city council.

b.

Applicants for credit for construction of non-site-related improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the city manager. The city manager shall determine credit for public safety capital improvement facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the city manager determines that such estimates submitted by the applicant are either unreliable or inaccurate. The city manager shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant shall sign and date a duplicate copy of such letter or certificate indicating his agreement to the terms of the letter or certificate and return such signed document to the city manager before credit shall be given. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit.

c.

Except as provided in subparagraph d, credit for construction of non-site-related improvements against impact fees otherwise due shall not be provided until:

(1)

The construction is completed and accepted by the city, or other jurisdiction as provided by interlocal agreement having been executed pursuant to section 5.3.7.B, and section 5.3.9.A;

(2)

A suitable maintenance and warranty bond is received and approved by the city attorney and the city engineer, when the project is under the jurisdiction of the city; or a letter from the applicable jurisdiction stating the construction has meet all warranty requirements of said jurisdiction; and

(3)

All design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with the then current city engineering requirements, when applicable.

d.

Credit may be provided before completion of specified public safety improvements if adequate assurances are given by the applicant that the standards set out in subparagraph c shall be met and if the fee payer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the city attorney in an amount determined by the city manager consistent with then current City Land Development Code. If the public safety facility or improvement construction project will not be constructed within one year of the acceptance of the offer by the city manager, the amount of the security shall be increased by ten percent compounded for each year of the life of the security. The security shall be reviewed and approved, as to form, by the city attorney prior to acceptance of the security by the city manager. If the public safety facility or improvement project is not to be completed within two years of the date of the fee payer's offer, the city council shall approve the project and its scheduled completion date prior to the acceptance of the offer by the city manager.

3.

Any claim for credit shall be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

4.

Credits shall not be transferable from one project or development to another without the approval of the city council. Credits may only be transferred to a development in a different impact fee district authorized by section 5.3.7.B, above, or to another local government jurisdiction that has a formal interlocal agreement with the city as specified in section 5.3.9.B, above, upon a finding by the city council that the dedication of public safety facility or improvement for which the credit was given, benefits such different impact fee district.

5.

In the event fee schedules are subsequently changed to reflect increases or decreases in construction costs or other relevant factors, then a fee payer may request a recalculation of credits to fairly reflect such changed circumstances.

6.

Determinations made by the city manager pursuant to the credit provisions of this section may be appealed to the city council by filing a written request with the city manager within ten days of the city manager's determination, as shall be communicated by the city manager in writing to the fee payer and such written determination shall give notice of this appeal provision.

The fees referenced in section 5.3.5.A shall be reviewed by the city council at least once each fiscal year at the time of the city's comprehensive plan capital improvement element amendment review.

The city manager is authorized, and he is directed, to prepare reasonable administrative regulations and policies in regard to the implementation of this article, as orderly administration shall require, and the same shall be approved and adopted by resolution of the city council, from time to time.

A violation of this article shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, compliance herewith may be enforced by the city code enforcement board as provided by law.