Item D2 Chapter 126Monroe County Comprehensive Plan Update
Chapter 126 IMPACT FEES
Sec. 126 -1. Impact Wee PProcedures.
The purposes and intent of the impact fee procedures are:
(1) To establish uniform procedures for the imposition, calculation, collection, expenditure
and administration of impact fees imposed on new development;
(2) To facilitate implementation of goals, objectives and policies set forth in the Florida Keys
Comprehensive Plan and Land Development Regulations relating to ensuring that new
impact - producing development contributes its fair share towards the costs of capital
improvements reasonably necessitated by such growth;
(3) To ensure that new development is reasonably benefited by capital improvements made
with proceeds of impact fees; and
(4) To ensure that all applicable legal standards and criteria are properly incorporated in these
procedures.
Sec. 126 -2. Proportionate F €air- sShare mMitigation of d Iifmpacts on
tTransportation F €acilities.
(a) Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant or developer or owner means any individual, corporation, business trust, estate trust,
partnership, association, two or more persons have a joint or common interest, governmental
agency, or any other legal entity, which has submitted an application for a fair share agreement
and/or who desires to participate in the fair share program.
Application means an application presented to the county containing the information required
pursuant to this chapter.
Capital improvements element (CIE) means the element of the comprehensive plan adopted
pursuant to F.S. el+. Chapter 163, pt. II (F.S. § 163.3161 et seq.), which is based on the need for
public facilities as identified in the other comprehensive plan elements and as defined in the
applicable definitions for each type of public facility, which estimates the cost of improvements
for which the local government has fiscal responsibility, which analyzes the fiscal capability of
the local government to finance and construct improvements, which adopts financial policies to
guide the funding of improvements, and which schedules the funding and construction of
improvements in a manner necessary to ensure that capital improvements are provided when
required based on needs identified in the other adopted comprehensive plan elements.
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Concurrency means that the necessary public facilities and services to maintain the adopted level
of service standards are available when the impacts of development occur.
Concurrency coordinator means the dDirector of the raeunty pl! lanning and Eenvironmental
I:Resources dDepartment or his designee.
Concurrency management system (CMS) means the procedures and/or processes used by the
county to ensure that final development orders and final development permits are not issued
unless the necessary public facilities to support the development are available concurrent with
the impacts of development. The requirements of the concurrency management system are
provided for in Policies 1401.4.5, 1401.4.6, 1401.4.7, 1401.4.8, and 1404.9 of the capital
improvements element of the Monroe County 2010 Comprehensive Plan.
Department means the county Ddepartment of Pplanning and Eenvironmental Resources.
Deficient roadway means a roadway or segment on the roadway network that is within the traffic
impact area of a proposed development, which development:
(1) Would cause the LOS standard for the affected roadway or segment to fall below the
minimum accepted level as determined under the county's concurrency management system; or
(2) Has an impact on travel or delay time on an existing deficient roadway. Deficient roadways
also include roadways designated as constrained or backlogged.
Future transportation maps means the maps within the map atlas /document adopted in the
Monroe County Comprehensive Plan, as the same may be amended from time to time, indicating
all freeways, arterial and collector roadways which will provide for adequate traffic circulation
within its planning period.
Impacted road segment means any road segment or link on the roadway network that is wholly
or partially within the project's traffic impact area.
Roadway network means an interconnected system of freeway, arterial and collector roads
identified by the county in its comprehensive plan and concurrency management system for
which the level of service standards must be maintained.
Traffic impact area of a particular development means determined by a traffic study, in
coordination with the county traffic engineer, from each of the overall development's
entrance /connections to a roadway external to the development. If there are no roadways or
segments on the roadway network within the defined area, the traffic impact area shall
encompass the nearest roadway or link on the roadway network.
Transportation concurrency means that the necessary public facilities and services to maintain
the applicable level of service standards for road facilities adopted in Policies 301.1.1 and
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301.1.2 of the Monroe County 2010 Comprehensive Plan are available when the impacts of
development occur.
(b) Purpose and intent.
The purpose of this chapter is to establish a method whereby the impacts of development on
transportation facilities can be mitigated by the cooperative efforts of the public and private
sectors, to be known as the proportionate fair -share program, as required by and in a manner
consistent with F.S. § 163.3180(6)c.
(c) Applicability.
(1) The proportionate fair -share program shall apply to all developments in the county that
have been notified of a lack of capacity to satisfy transportation concurrency on a
transportation facility in the county's concurrency management system (CMS), including
transportation facilities maintained by FDOT or another jurisdiction that are relied upon
for concurrency determinations, pursuant to the requirements of subsection (e) of this
section.
(2) Proportionate fair -share mitigation shall be applied as a credit against impact fees to the
extent that all or a portion of the proportionate fair -share mitigation is used to address the
same capital infrastructure improvements contemplated by the county's impact fee
ordinance.
(3) Proportionate fair -share mitigation includes, without limitation, separately or collectively,
private funds, contributions of land, and construction and contribution of facilities and
may include public funds as determined by the county. The fair market value of the
proportionate fair -share mitigation shall not differ based on the form of mitigation. The
county may not require a development to pay more than its proportionate fair -share
contribution regardless of the method of mitigation.
(4) The proportionate fair -share program does not apply to developments of regional impact
(DRIs) using proportionate fair -share under F.S. § 163.3180(s)(h)l.c., or to developments
exempted from concurrency as provided in F.S. § 163.3180(5)(h)l.b., regarding
exceptions and de minimis impacts.
(d) General requirements.
(1) An applicant may choose to satisfy the transportation concurrency requirements of the
county by making a proportionate fair -share contribution, pursuant to the following
requirements:
a. The proposed development is consistent with the comprehensive plan and applicable
land development regulations.
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b. The five -year schedule of capital improvements in the county's capital- improvements
element (CIE) or the longterm schedule of capital improvements for an adopted
longterm CMS includes a transportation improvement that, upon completion, will
satisfy the requirements of the county transportation CMS. The provisions of
subsection (d)(2) of this section may apply if a project needed to satisfy concurrency
is not presently contained within the local government CIE or an adopted longterm
schedule of capital improvements.
(2) The county may choose to allow an applicant to satisfy transportation concurrency
through the proportionate fair -share program by contributing to an improvement that,
upon completion, will satisfy the requirements of the county transportation CMS, but is
not contained in the five -year schedule of capital improvements in the CIE or a longterm
schedule of capital improvements for an adopted longterm CMS, where the following
apply:
a. The county adopts, by resolution or ordinance, a commitment to add the improvement
to the five -year schedule of capital improvements in the CIE or longterm schedule of
capital improvements for an adopted longterm CMS no later than the next regularly
scheduled update. To qualify for consideration under this section, the proposed
improvement must be reviewed by the appropriate county department, and
determined to be consistent with the comprehensive plan, and in compliance with the
provisions of this chapter.
b. If the funds allocated for the five -year schedule of capital improvements in the county
CIE are insufficient to fully fund construction of a transportation improvement
required by the CMS, the county may still enter into a binding proportionate fair -
share agreement with the applicant authorizing construction of that amount of
development on which the proportionate fair -share is calculated if the proportionate
fair -share amount in such agreement is sufficient to pay for one or more
improvements which will, in the opinion of the county, significantly benefit the
impacted transportation system.
c. The improvement funded by the proportionate fair -share component must be adopted
into the five -year capital improvements schedule of the comprehensive plan or the
longterm schedule of capital improvements for an adopted longterm concurrency
management system at the next annual capital improvements element update.
(3) Any improvement project proposed to meet the developer's fair -share obligation must
meet design standards of the county for locally maintained roadways and those of the
FDOT for the state highway system.
(e) Intergovernmental coordination.
Pursuant to the intergovernmental coordination policies of the county's comprehensive plan and
relevan policies of the South Florida Regional Planning Council's Regional Plan for South
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Florida, the county shall coordinate with affected jurisdictions, including FDOT, regarding
mitigation to impacted facilities not under the jurisdiction of county. An interlocal agreement
may be established with other affected jurisdictions for this purpose.
(f) Application process.
(1) Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant
shall also be notified in writing of the opportunity to satisfy transportation concurrency
through the proportionate fair -share program pursuant to the requirements of subsection
(d) of this section.
(2) Prior to submitting an application for a proportionate fair -share agreement, a pre -
application meeting shall be held to discuss eligibility, application submittal
requirements, potential mitigation options, and related issues. If the impacted facility is
on the strategic intermodal system (SIS), then the FDOT will be notified and invited to
participate in the pre - application meeting.
(3) Eligible applicants shall submit an application to the county that includes, but is not
limited to, an application fee and the following:
a. The name, address and phone number of the land owner, developer and agent;
b. The property location, including parcel identification numbers;
c. A legal description and survey of property;
d. A project description, including type, intensity and amount of development;
e. The phasing schedule, if applicable;
f. A description of requested proportionate fair -share mitigation methods; and
g. A copy of the concurrency application.
(4) The county's pPlanning dDirector shall review the application and certify that the
application is sufficient and complete within ten business days. If an application is
determined to be insufficient, incomplete or inconsistent with the general requirements of
the proportionate fair -share program as indicated in subsection (d) of this section, then
the applicant will be notified in writing of the reasons for such deficiencies within ten
business days of submittal of the application. If such deficiencies are not remedied by the
applicant within 30 days of receipt of the written notification, then the application will be
deemed abandoned. The BOCC may, in its discretion,
grant an extension of time not to exceed 60 days to cure such deficiencies, provided that
the applicant has shown good cause for the extension and has taken reasonable steps to
effect a cure.
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(5) Pursuant to F.S. § 163.3180(5)(h)l.a., proposed proportionate fair -share mitigation for
development impacts to transportation facilities on U.S. 1 requires the concurrency of the
FDOT. The applicant shall submit evidence of an agreement between the applicant and
the FDOT for inclusion in the proportionate fair -share agreement.
(6) When an application is deemed sufficient, complete, and eligible, the applicant shall be
advised in writing and a proposed proportionate fair -share obligation and binding
agreement will be prepared by the county or the applicant with direction from the county
and delivered to the appropriate parties for review, including a copy to the FDOT for any
proposed proportionate fair -share mitigation on U.S. 1, no later than 60 days from the
date at which the applicant received the notification of a sufficient application and no
fewer than 14 days prior to the BOCC meeting when the
agreement will be considered.
(7) The county shall notify the applicant regarding the date of the bearof- -cow
raefAmissien BOCC meeting when the agreement will be considered for final approval.
No proportionate fair -share agreement will be effective until approved by the
BOCC .
(g) Determining proportionate fair -share obligation.
(1) Proportionate fair -share mitigation for concurrency impacts may include, without
limitation, separately or collectively, private funds, contributions of land, and
construction and contribution of facilities.
(2) A development shall not be required to pay more than its proportionate fair - share. The
fair market value of the proportionate fair -share mitigation for the impacted facilities
shall not differ regardless of the method of mitigation, pursuant to F.S. § 163.3180(6)(c).
(3) The methodology used to calculate an applicant's proportionate fair -share obligation shall
be as provided for in F.S. § 163.3180(5)(h)l.c., as follows:
The cumulative number of trips from the proposed development expected to reach roadways
during peak hours from the complete build out of a stage or phase being approved,
divided by the change in the peak hour maximum service volume (MSV) of roadways
resulting from construction of an improvement necessary to maintain the adopted LOS,
multiplied by the construction cost, at the time of developer payment, of the improvement
necessary to maintain the adopted LOS; Or Proportionate fair -share = 6 [[(Development
trips;sub \sub;) /(SV increase;sub \sub;)] x Cost;sub \sub;] Where: Development
trips;sub \sub; = Those trips from the stage or phase of development under review that are
assigned to roadway segment "i" and have triggered a deficiency per the CMS; SV
increase;sub \sub; = Service volume increase provided by the eligible improvement to
roadway segment "i" per subsection (d) of this section; Cost;sub \sub; = Adjusted cost of
the improvement to segment I." Cost shall include all improvements and associated
costs, such as design, right -of -way acquisition, planning, engineering, inspection, and
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physical development costs directly associated with construction at the anticipated cost in
the year it will be incurred.
(4) For the purposes of determining proportionate fair -share obligations, the county shall
determine improvement costs based upon the actual cost of the improvement as obtained
from the CIE or the FDOT work program. Where such information is not available,
improvement cost shall be determined using one of the following methods:
a. An analysis by the county of costs by cross section type that incorporates data from
recent projects and is updated and approved by the BOCC b
In order to accommodate increases in construction material costs,
project costs shall be adjusted by an inflation factor; or
b. The most recent issue of FDOT transportation costs, as adjusted based upon the type of
cross section (urban or rural); locally available data from recent projects on
acquisition, drainage and utility costs; and significant changes in the cost of material
due to unforeseeable events. Cost estimates for state road improvements not included
in the adopted FDOT work program shall be determined using this method in
coordination with the FDOT district.
(5) If the county has accepted an improvement project proposed by the applicant, then the
value of the improvement shall be determined using one of the methods provided in this
section.
(6) If the county has accepted right -of -way dedication for the proportionate fair -share
payment, credit for the dedication of the nonsite related right -of -way shall be valued on
the date of the dedication at 120 percent of the most recent assessed value by the county
property appraiser or, at the option of the applicant, by fair market value established by
an independent appraisal approved by the county and at no expense to the county. The
applicant shall supply a drawing and legal description of the land and a certificate of title
or title search of the land to the county at no expense to the county. If the estimated value
of the right -of -way dedication proposed by the applicant is less than the county estimated
total proportionate fair -share obligation for that development, then the applicant must
also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of
donations of real estate intended to be used for the proportionate fair - share, public or
private partners should contact the FDOT for essential information about compliance
with federal law and regulations.
(h) Impact fee credit for proportionate fair -share mitigation.
(1) Proportionate fair -share contributions shall be applied as a credit against impact fees to
the extent that all or a portion of the proportionate fair -share mitigation is used to address
the same capital infrastructure improvements contemplated by the county's impact fee
ordinance.
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(2) Impact fee credits for the proportionate fair -share contribution will be determined when
the transportation impact fee obligation is calculated for the proposed development.
Impact fees owed by the applicant will be reduced per the proportionate fair -share
agreement as they become due per the county impact fee ordinance. If the applicant's
proportionate fair -share obligation is less than the development's anticipated road impact
fee for the specific stage or phase of development under review, then the applicant or its
successor must pay the remaining impact fee amount to the county pursuant to the
requirements of the county impact fee ordinance.
(3) Major projects not included within the county's impact fee ordinance or created under
subsections (d)(2)a. and (d)(2)b. of this section, which can demonstrate a significant
benefit to the impacted transportation system may be eligible at the county's discretion
for impact fee credits.
(4) The proportionate fair -share obligation is intended to mitigate the transportation impacts
of a proposed development at a specific location. As a result, any road impact fee credit
based upon proportionate fair -share contributions for a proposed development cannot be
transferred to any other location unless provided for within the local impact fee
ordinance.
(i) Proportionate fair -share agreements.
(1) Upon execution of a proportionate fair -share agreement the applicant shall receive a
county certificate of concurrency approval. Should the applicant fail to apply for a
development permit within 12 months or timeframe provided in the local CMS of the
execution of the agreement, then the agreement shall be considered null and void, and the
applicant shall be required to reapply.
(2) Payment of the proportionate fair -share contribution is due in full prior to issuance of the
final development order or recording of the final plat and shall be nonrefundable. If the
payment is submitted more than 12 months from the date of execution of the agreement,
then the proportionate fair -share cost shall be recalculated at the time of payment based
on the best estimate of the construction cost of the required improvement at the time of
payment, pursuant to subsection (g) of this section and adjusted accordingly.
(3) All developer improvements authorized under this chapter must be completed prior to
issuance of a development permit, or as otherwise established in a binding agreement that
is accompanied by a security instrument that is sufficient to ensure the completion of all
required improvements. It is the intent of this section that any required improvements be
completed before issuance of building permits or certificates of occupancy.
(4) Dedication of necessary right -of -way for facility improvements pursuant to a
proportionate fair -share agreement must be completed prior to issuance of the final
development order or recording of the final plat.
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(5) Any requested change to a development project subsequent to a development order may
be subject to additional proportionate fair -share contributions to the extent the change
would generate additional traffic that would require mitigation.
(6) Applicants may submit a letter to withdraw from the proportionate fair -share agreement
at any time prior to the execution of the agreement. The application fee and any
associated advertising costs to the county will be nonrefundable.
(7) The county may enter into proportionate fair -share agreements for selected corridor
improvements to facilitate collaboration among multiple applicants on improvements to a
shared transportation facility.
0) Appropriation of fair -share revenues.
(1) Proportionate fair -share revenues shall be placed in the appropriate project account for
funding of scheduled improvements in the county CIE, or as otherwise established in the
terms of the proportionate fair -share agreement. At the discretion of the county,
proportionate fair -share revenues may be used for operational improvements prior to
construction of the capacity project from which the proportionate fair -share revenues
were derived. Proportionate fair -share revenues may also be used as the 50 percent local
match for funding under the FDOT TRIP.
(2) In the event a scheduled facility improvement is removed from the CIE, then the revenues
collected for its construction may be applied toward the construction of another
improvement within that same corridor or sector that would mitigate the impacts of
development pursuant to the requirements of subsection (d)(2)b. of this section.
(3) Where an impacted regional facility has been designated as a regionally significant
transportation facility in an adopted regional transportation plan as provided in F.S. §
339.155 and then the county may coordinate with other impacted jurisdictions and
agencies to apply proportionate fair -share contributions and public contributions to seek
funding for improving the impacted regional facility under the FDOT trip. Such
coordination shall be ratified by the county through an interlocal agreement that
establishes a procedure for earmarking of the developer contributions for this purpose.
(4) Where an applicant constructs a transportation facility that exceeds the applicant's
proportionate fair -share obligation calculated under subsection (g) of this section, the
county shall reimburse the applicant for the excess contribution using one or more of the
following methods:
a. An impact fee credit account may be established for the applicant in the amount of the
excess contribution, a portion or all of which may be assigned and reassigned under
the terms and conditions acceptable to the county.
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b. An account may be established for the applicant for the purpose of reimbursing the
applicant for the excess contribution with proportionate fair -share payments from
future applicants on the facility.
c. The county may compensate the applicant for the excess contribution through payment
or some combination of means acceptable to the county and the applicant.
(k) Cross jurisdictional impacts.
(1) In the interest of intergovernmental coordination and to reflect the shared responsibilities
for managing development and concurrency, the county may enter an agreement with one
or more adjacent local governments to address cross jurisdictional impacts of
development on regional transportation facilities. The agreement shall provide for
application of the methodology in this section to address the cross jurisdictional
transportation impacts of development.
(2) A development application submitted to the county subject to a transportation
concurrency determination meeting all of the following criteria shall be subject to this
section:
a. All or part of the proposed development is located within a segment of the traffic
impact area which is under the jurisdiction, for transportation concurrency, of an
adjacent local government;
b. Using its own concurrency analysis procedures, the county concludes that the
additional traffic from the proposed development would use five percent or more of
the reserve speed of a regional transportation facility within the concurrency
jurisdiction of the adjacent local government impacted regional facility; and
c. The impacted regional facility is projected to be operating below the level of service
standard, adopted by the adjacent local government, when the traffic from the
proposed development is included.
(3) Upon identification of an impacted regional facility pursuant to subsections (k)(2)a.—
(k)(2)c. of this section, the county shall notify the applicant and the affected adjacent
local government in writing of the opportunity to derive an additional proportionate fair -
share contribution, based on the projected impacts of the proposed development on the
impacted adjacent facility.
a. The adjacent local government shall have up to 90 days in which to notify the county
of a proposed specific proportionate fair -share obligation, and the intended use of the
funds when received. The adjacent local government must provide reasonable
justification that both the amount of the payment and its intended use comply with the
requirements of F.S. § 163.3180(6)c.. Should the adjacent local government decline
proportionate fair -share mitigation under this section, then the provisions of this
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section would not apply and the applicant would be subject only to the proportionate
fair share requirements of the county.
b. If the subject application is subsequently approved by the county, the approval shall
include a condition that the applicant provides, prior to the issuance of any building
permit covered by that application, evidence that the proportionate fair -share
obligation to the adjacent local government has been satisfied. The county may
require the adjacent local government to declare, in a resolution, ordinance, or
equivalent document, its intent for the use of the concurrency funds to be paid by the
applicant.
Sec. 126 -3. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means and refers to the property owner, or duly designated agent of the property
owner, of land on which a request for a building permit is received by the county and on which
an impact fee is due or has been paid. See sSection 101 -1 for the comparable definition of
"feepayer."
Appropriation or to appropriate means and refers to an action by the board to identify specific
capital improvements for which impact fee funds may be used. The term "appropriation"
includes, but shall not necessarily be limited to: inclusion of a capital improvement in the
adopted county budget, capital improvements program or county road plan; execution of a
contract or other legal encumbrance for a capital improvement using impact fee funds in whole
or in part; and actual expenditure of impact fee funds through payments made from an impact fee
account.
Capital improvements means and refers to those improvements as defined in sSection 101 -1,
"capital improvements," and those improvements related to fire protection service, and expressly
includes amounts appropriated in connection with the planning, design, engineering and
construction of such improvements; planning, legal, appraisal and other costs related to the
acquisition of land, financing and development costs; the costs of compliance with purchasing
procedures and applicable administrative and legal requirements; and all other costs necessarily
incident to provision of the capital improvement. Capital improvements eligible for impact fee
funding, in whole or in part, shall be set forth in greater detail in the resolutions adopting the
specific impact fee schedules.
Commercial retail use means and refers to uses that sell goods or services at retail as that term
(commercial retail use) is defined in sSection 101 -1.
District or impact fee district means and refers to a defined geographic area or subarea of the
county within which impact fees are collected, appropriated, and expended for capital
improvements serving new development within such area or subarea.
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Dwelling unit means and refers to those residential units as that term (dwelling units) is defined
in sSection 101 -1. The term "dwelling unit" is applicable to both permanent and transient
residential development.
Governmental agency means those entities listed in the definition of "governmental agency" in
sSection 101 -1.
Impact fee means and refers to a monetary exaction imposed on a pro rata basis in connection
with and as a condition of development approval and calculated to defray all or a portion of the
costs of capital improvements required to accommodate new impact - producing development and
reasonably benefiting the development.
Impact fee district maps means and refers to the maps defining the geographical extent of the
impact fee districts and subdistricts for each adopted impact fee.
Impact producing means and refers to any development that has the effect of:
(1) Increasing the need or demand for a capital improvement;
(2) Utilizing existing capital improvement capacity; or
(3) Causing an existing capital improvement level of service standard to decline.
Industrial use means and refers to uses devoted to manufacturing and related operations as that
term is defined in sSection 101 -1 and expressly includes heavy industrial uses as that term is
defined in sSection 101 -1 and light industrial uses as that term is defined in sSection 101 -1.
Institutional use means and refers to uses that serve the community as the term is defined in
sSection 101 -1 and expressly includes hospitals.
Multiple uses means and refers to a development consisting of both residential and nonresidential
uses or one or more different types of nonresidential uses on the same site or part of the same
development project.
Nonresidential development means and refers to commercial retail use as defined in sSection
101 -1; marinas as defined in sSection 101 -1; destination resort as that term is defined in sSection
101 -1; hotel use as that term is defined in sSection 101 -1; room, hotel or motel as those terms are
defined in section 101 -1; industrial use as that term is defined in sSection 101 -1 as "industrial
use," "heavy industrial use" and "light industrial use "; institutional uses as defined in sSection
101 -1; office use as defined in sSection 101 -1; shopping centers as defined in sSection 101 -1 and
public buildings as defined in sSection 101 -1.
Office means and refers to a use where business, professional or governmental services are made
available to the public as that term is defined in sSection 101 -1.
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Participating municipality means a municipality participating in the county impact fee system
pursuant to an interlocal agreement with the county.
Public buildings means those buildings and uses as defined in &Section 101 -1.
Residential development means and refers to a residence or residential use as that term is defined
in sSection 101 -1; dwelling units as that term is defined in sSection 101 -1; campground spaces
as defined in sSection 101 -1; mobile homes as defined in sSection 101 -1; institutional residential
use as defined in sSection 101 -1, except hospitals; live- aboard vessels as defined in section 101-
1; employee housing as defined in sSection 101 -1; permanent residential unit as that term is
defined in sSection 101 -1; and affordable housing as that term is defined in sSection 101 -1.
Shopping center means and refers to commercial retail and professional services developments
as defined in sSection 101 -1.
Tourist housing development means and refers to the development of tourist housing units as that
term is defined in sSection 101 -1.
Sec. 126 -4. General pProvisions; nApplicability.
(a) Term.
This chapter shall remain in effect unless and until repealed, amended or modified by the board
in accordance with applicable state law and local ordinances and procedures.
(b) Annual review.
(1) At least once every year prior to board adoption of the annual budget and capital
improvements program, the dkeetOF of pPlanning Director shall prepare a report on the
subject of impact fees.
(2) The report shall include the following:
a. Recommendations on amendments, if appropriate, to this chapter or to resolutions
imposing and setting specific impact fees for particular categories of capital
improvements;
b. Proposed changes to the capital improvements element and/or an applicable capital
improvements program, including the identification of capital improvement projects
anticipated to be funded wholly or partially with impact fees;
c. Proposed changes to the boundaries of impact fee districts or subdistricts;
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d. Proposed changes to impact fee schedules as set forth in the resolutions imposing and
setting specific impact fees;
e. Proposed changes to levels of service;
f. Proposed changes in calculation methodology; and
g. Other data, analysis or recommendations as the direeter- of pPlanning Director may
deem appropriate, or as may be requested by the board.
(3) The dir- ester - of pPlanning Director shall submit the impact fee annual report to the
pPlanning eCommission, which shall receive the report and take such actions as it deems
appropriate, including, but not limited to, requesting additional data or analyses and
holding public workshops and/or public hearings.
(4) The pPlanning Ceommission shall attach its recommendations to the annual report and
forward the report and recommendations to the board.
(c) Effect of annual review.
This annual review may, in whole or in part, form the basis for county recommendations to the
beaF& and board actions to repeal, amend or modify this chapter and/or fee schedules;
however, the county may cite and the board may rely upon such other data, information, reports,
analyses and documents relevant to such decisions as may be available.
(d) Amendments.
Changes to this chapter must be made by ordinance; changes to resolutions imposing and
establishing specific impact fee schedules may be made by resolution of the board. Nothing
herein precludes the betf - BOCC or limits its discretion to amend this chapter or the resolutions
imposing specific impact fee schedules at such other times as may be deemed necessary.
(e) Affected area.
(1) Impact fee district.
Impact fees shall be imposed on impact - producing development within the county impact fee
district, comprising the entire area of the county, excluding the cities of Key West and
Layton, which, for purposes hereof, has been divided into impact fee subdistricts as
follows:
a. Upper Keys impact fee subdistrict: the area of the county north of Fiesta Key,
excluding the City of Layton.
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b. Middle Keys impact fee subdistrict: the area of the county and including Fiesta Key
south to Seven Mile Bridge (MM 40).
c. Lower Keys impact fee subdistrict: the area of the county south of Seven Mile Bridge
(MM 40), excluding the City of Key West.
(2) Municipalities.
Impact fees adopted by the county may be imposed by a participating municipality on new
development within the municipality pursuant to an interlocal agreement with the county
that provides that the municipality retains a portion of the impact fees collected and
remits the remainder of the fees to the county. The fees retained by the municipality must
be expended in a manner consistent with this chapter. The interlocal agreement must
provide that the municipality keep records of the impact fee expenditures according to
generally accepted governmental accounting principles and to make those records
available to an auditor employed by the county upon reasonable request.
(3) Map.
The affected area, including impact fee districts and participating municipalities, shall be
shown on the impact fee district map, which is attached hereto as eAppendix A, and
which is hereby adopted by reference and incorporated herein as though fully set forth.
The impact fee district map shall be identified by the signature of the mayor /chair of the
BOCC and shall bear the seal of the county, and the date
of adoption of Ordinance No. 33 -1992 [October 16, 1992].
(4) Change in boundaries of impact fee districts.
The board may amend the boundaries of the impact fee districts pursuant to subsection (d) of
this section at such times as may be deemed necessary to carry out the purposes and
intent of this chapter and applicable legal requirements for use of impact fees. In the
event of annexation of unincorporated county land by a municipality, the unincorporated
county impact fee boundaries shall be deemed to have been changed by operation of law,
without action of the board; however, following the annual review, the board shall cause
the map to be changed to reflect the new impact fee district boundaries.
(f) Type of development affected.
This chapter shall apply to all impact - producing residential and nonresidential development for
which a building permit is required by this chapter and which building permit has not been
issued prior to the effective date of adoption of &Section 126 -1, except as provided in subsections
(h) and (i) of this section.
(g) Effect on development with building permits.
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Impact - producing residential and nonresidential development for which a building permit has
been issued prior to the effective date of adoption of sSection 126 -1, but for which neither
issuance of a certificate of occupancy has occurred nor payment of applicable impact fees has
been made, shall be subject to payment of applicable impact fees pursuant to &Sections 126 -8
through 126 -13; however, within two years of the effective date of adoption of sSection 126 -1,
the applicant, at his option, may elect to come within the confines of sSection 126 -1 and the
resolutions implementing the impact fees authorized pursuant to that section. If the applicant
elects the sSection 126 -1 alternative, he will be subject to all applicable impact fees as provided
therein and in the implementing resolutions.
(h) Type of development not affected.
(1) Replacement residential units. Redevelopment or rehabilitation which replaces but which
does not increase the number of legally permitted dwelling units above that existing on
the site prior to redevelopment or rehabilitation.
(2) Replacement nonresidential developments. Redevelopment or rehabilitation which
replaces, but which does not increase the legally permitted floor area above that existing
on the site prior to redevelopment or rehabilitation nor changes the use to one which has a
greater impact - producing effect with respect to any capital improvement than that
existing on the site prior to redevelopment or rehabilitation.
(3) Public capital improvements (as defined in sSection 101 -1).
(4) Public buildings (as defined in sSection 101 -1) owned and operated by a governmental
agency which is statutorily exempt from the payment of locally- adopted impact fees.
(5) Any other use, development, project, structure, building, fence, sign or other activity that
is not impact - producing.
(6) Affordable or employee housing units (as defined in sSection 101 -1) for which a deferred
payment of impact fees has been recorded in the chain of title.
(i) Minimum fee requirements.
Upon receipt of an application, the dimeteF of pPlanning Director is hereby authorized to
establish a minimum fee requirement not less than the amount which would be imposed on 1,000
square feet of building space of industrial development, for certain proposed nonresidential
developments upon a finding that:
(1) The impact produced by the proposed use is de minimis;
(2) The proposed use is not included in the applicable impact fee schedule nor is it similar to
any listed use; and
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(3) The cost of an individual impact analysis would outweigh the impact fee otherwise
calculated to be due.
The burden shall be on the applicant to establish that the required findings as set forth in this
subsection (i) will be met with respect to the proposed use.
0) Effect of payment of impact fees on a determination of concurrency; a dwelling unit
allocation; and other land development regulations.
(1) The payment of impact fees shall not entitle the applicant to a determination of
concurrency except as otherwise provided in this chapter. The requirements for a
determination of concurrency is a separate, independent and additional requirement
imposed by this chapter.
(2) The payment of impact fees shall not entitle the applicant to a dwelling unit allocation
award. pursuant to eChapter 138, aArticles II and III. The requirement for a dwelling unit
allocation award is a separate, independent and additional requirement imposed by this
chapter.
(3) Neither this chapter nor the specific impact fee resolutions shall affect, in any manner, the
permissible use of property, density /intensity of development, design and improvement
standards or other applicable standards or requirements of this chapter, all of which shall
be operative and remain in full force and effect without limitation.
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APPENDIX A. IMPACT FEE SUBDISTRICTS
THE FLORIDA KEYS
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Vol
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Sec. 126 -5. Procedures for imposition, calculation and collection of impact fees.✓
(a) Imposition.
After the effective date of sSection 126 -1, no building permit shall be issued by the county for
impact - producing residential or nonresidential development unless the applicant has paid the
applicable impact fees in accordance with the procedures and requirements provided in this
section.
(b) Calculation.
(l) Upon receipt of an application for a building permit, the Planning Director
shall determine whether the proposed project is impact - producing and, if so:
a. Whether it is residential or nonresidential;
b. The specific category of residential or nonresidential development;
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c. If residential, the number of dwelling units;
d. If nonresidential, the number of square feet of floor area; and
e. The impact fee district in which the proposed project is located.
(2) After making these determinations, the dir-eeter- of pPlannin Director shall calculate the
demand for capital improvements added by the proposed project and calculate the
applicable impact fee by multiplying the demand of the proposed project by the impact
fee per demand unit in effect at the time of building permit issuance, less any applicable
credit.
(3) If the type of land use proposed for development is not expressly listed in the specific
impact fee resolution, the Planning Director shall:
a. Identify the most similar land use type listed and calculate the impact fee based on the
impact fee per demand unit for that land use; or
b. Identify the broader land use category within which the specific land use would fit and
calculate the impact fee based on the impact fee per demand unit for that land use
category.
(4) If neither of the alternatives set forth in subsection (b)(3)a. or (b)(3)b. of this section is
appropriate for the proposed development, the demand may be determined by an
individual impact analysis performed by the applicant if authorized by the specific impact
fee resolution and if requested by the applicant and approved by the direeter of- Planning
Director or if requested by the dir-ee4er -ef pPlannin Director Any individual impact
analysis shall conform to the requirements of the applicable impact fee resolution and
subsection (e) of this section.
(5) An applicant may request a nonbinding estimate of impact fees due for a particular
development at any time.
(6) The calculation of impact fees due from a multiple -use development shall be based upon
the aggregated demand for each capital improvement generated by each land use type in
the proposed development.
(7) The calculation of impact fees due from a phased development shall be based upon the
demand generated by each specific use for which a separate building permit application is
received.
(8) All impact fees shall be calculated based on the impact fee per demand unit in effect at
the time of building permit issuance.
c) Credits.
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(1) Credits against the amount of an impact fee due from a proposed development shall be
provided for the dedication of land and /or the provision of capital improvements by an
applicant when such land or capital improvements provide additional capacity to meet the
demand generated by the development and when either:
a. The costs of such land or improvements have been included in the fee calculation
methodology for the applicable category of capital improvement; or
b. The land dedicated or capital improvement provided is determined by the air�r -o
pPlanning Director to be a reasonable substitute for the cost of improvements that are
included in the applicable fee calculation methodology.
(2) Credit applications shall be made on forms provided by the county and shall be submitted
at or before the time of building permit application. The application shall be accompanied
by relevant documentary evidence indicating the eligibility of the applicant for the credit.
When a credit application accompanies a building permit application, the ' - eGtGF 0
pPlanning Director shall calculate the applicable impact fee without the credit and shall
then determine whether a credit is due and, if so, the amount of the credit. The credit shall
be applied against the impact fee calculated to be due; however, in no event shall a credit
be granted in an amount exceeding the impact fee due.
(3) Credit for dedication of land or provision of capital improvements shall be applicable
only against impact fees for the same category of capital improvements. Even if the value
of the dedication of land or provision of a capital improvement exceeds the impact fee
due for that capital improvement category, the excess value may not be transferred to
impact fees calculated to be due from the applicant for other categories of capital
improvements nor may the excess value be transferred to other applicants or properties.
(d) Collection.
The dyer• ofpPlanning Director shall collect all applicable impact fees at the time of building
permit issuance unless:
(1) The applicant is determined to be entitled to a full credit;
(2) The applicant is not subject to the payment of impact fees; or
(3) The applicant has taken an appeal and a bond or other surety in the amount of the impact
fee, as calculated by the dir-eetef of pPlanning Director has been posted with the county.
(e) Individual impact analysis.
(1) The applicant may request, and the dir-eeter of pPlanning Director may approve or require
the submittal by the applicant of an individual impact analysis if the proposed impact -
producing development is a land use type generating unusual demand for one or more
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types of capital improvements or is a land use type for which the county does not have
adequate and current demand data.
(2) An individual impact analysis shall include:
a. The application for building permit, including all information described in subsection
(b)(1) of this section;
b. The demand generated by the impact - producing development and the methodology
used to calculate the demand;
c. Copies of any recorded conditions on the subject property operating to limit the
demand for capital improvements generated by the proposed development;
d. Information and data that may be required by a specific impact fee resolution; and
e. Any additional information, data or analysis deemed necessary by the dir-eeter- of
pPlanning Director
(3) If authorized or required by the dir-eeter– e€pPlanning Director the individual impact
analysis may be submitted by the applicant at the time of building permit application or
within a time period established by the �'irter of p Planning Director
(4) All costs of the preparation, submittal and review of an individual impact analysis,
whether prepared at the request of the applicant or required by the Planning dDirector of
planning, and whether performed by the county, the applicant, or a consultant, shall be
borne by the applicant. These costs shall be itemized by the county and paid by the
applicant upon completion of the individual impact analysis, but in no event later than at
building permit issuance. The costs incurred shall be charged to the applicant regardless
of whether the applicant proceeds to building permit issuance or whether the demand as
calculated in the individual impact analysis is accepted or rejected by the direeter —f
pPlanning Director
(5) Within 30 days of the receipt of an individual impact analysis, the dir-eeter- of pPlanning
Director shall provide a written determination of the demand generated by the proposed
development and may:
a. Find that the impact fee shall be calculated based on the demand as set forth in the
individual impact analysis;
b. Find that the impact fee shall be calculated based on the demand, as set forth in the
individual impact analysis, as modified by the difeeter of pPlanning Director or
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c. Find that the individual impact analysis does not support a different demand and,
therefore, that the impact fee should be calculated based on the demand as calculated
pursuant to the specific impact fee resolution.
The findings of the dkeeteF of pl!lannin Director shall be set forth in writing and shall be
provided to the applicant.
Sec. 126 -6. Establishment of Umpact Wee *Accounts; aAppropriation of i €
€Funds; r-Refunds.
(a) Impact fee accounts.
An impact fee account shall be established by the county for each category of capital
improvements for which impact fees are imposed. Subaccounts shall be established for
individual impact fee districts. All impact fees collected by the county shall be deposited into the
appropriate impact fee account or subaccount, which shall be interest - bearing accounts. All
interest earned shall be considered funds of the account. The funds of these accounts shall not be
commingled with other funds or revenues of the county. If an impact fee account has previously
been established pursuant to a separate ordinance for deposit of impact fee funds, such account
shall be deemed to be an impact fee account pursuant to this section. The county shall establish
and implement necessary accounting controls to ensure that the impact fee funds are properly
deposited and appropriated in accordance with this chapter and other applicable legal
requirements.
(b) Appropriation of impact fee funds.
(1) Generally.
Impact fee funds may be appropriated for capital improvements and for the payment of
principal, interest and other financing costs on contracts, bonds, notes or other obligations
issued by or on behalf of the county to finance such capital improvements.
(2) Restrictions on appropriations.
Impact fees shall be appropriated only:
a. For the category of capital improvement for which they were imposed, calculated and
collected;
b. Within the impact fee subdistrict where collected unless the impact fee funds will be
appropriated for a capital improvement necessitated by or serving the proposed
development as provided herein; and
c. Within six years of the beginning of the fiscal year immediately succeeding the date of
collection, unless such time period is extended as provided herein.
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Impact fees shall not be appropriated for funding maintenance or repair of capital
improvements nor for operational expenses.
(3) Appropriation of impact fee funds outside of district where collected.
Impact fee funds may be appropriated for a capital improvement located outside of the
subdistrict where collected if the demand for the capital improvement is generated in
whole or in part by the development or if the capital improvement will serve the
development.
(4) Appropriation of impact fee funds beyond six years of collection.
Notwithstanding subsection (d) of this section, impact fee funds may be appropriated beyond
six years from the beginning of the fiscal year immediately succeeding the date of
collection if the appropriation is for a capital improvement which requires more than six
years to plan, design and construct and the demand for the capital improvement is
generated in whole or in part by the development or the capital improvement will serve
the proposed development.
(c) Procedure for appropriation of impact fee funds.
(1) The county, as part of the annual budget and capital improvements programming process,
shall each year identify capital improvement projects anticipated to be funded in whole or
in part with impact fees. The capital improvement recommendations shall be based upon
the impact fee annual review set forth in sSection 126 -4(b) and such other information as
may be relevant.
(2) The recommendations shall be consistent with the provisions of this chapter, the specific
impact fee resolutions, applicable legal requirements, and guidelines to be adopted by the
board.
(3) The board may include impact- fee - funded capital improvements in the adopted annual
budget and capital improvements program. If included, the capital improvement
description shall specify the nature of the improvement, the location of the improvement,
the capacity to be added by the improvement, the service area of the improvement, the
need /demand for the improvement and the timing of completion of the improvement.
(4) The board may recommend impact- fee - funded capital improvements at such other times
as may be deemed necessary and appropriate. Such improvements shall also be described,
as set forth in subsection (c) of this section, on a project description sheet.
(5) The board shall verify that adequate impact fee funds are or will be available from the
appropriate impact fee accounts for the capital improvements.
(d) Refunds.
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(1) An applicant who has paid an impact fee for a proposed development for which the
applicable building permit has expired or has been revoked pursuant to chapter 102,
article VII shall be eligible to apply for a refund of impact fees paid.
(2) An applicant who has paid an impact fee for a proposed development for which a
building permit has been issued and construction initiated, but which is abandoned prior
to issuance of a certificate of occupancy shall not be eligible for a refund unless the
uncompleted building is completely demolished pursuant to a county demolition permit.
(3) The current property owner may apply for a refund of impact fees paid by an applicant if
the county has failed to appropriate the impact fees collected from the applicant within
the time limits established in subsections (b)(2) and (b)(4) of this section.
(4) Refunds shall be made only to the current owner of property on which the impact -
producing development was proposed or occurred.
(5) Applications for refunds due to the abandonment of a development shall be made on
forms provided by the county and shall be made within 60 days following the expiration
or revocation of the building permit or demolition of the structure. The applicant shall
submit:
a. Evidence that the applicant is the property owner or the duly designated agent of the
property owner;
b. The amount of the impact fees paid by capital improvements category and receipts
evidencing such payments; and
c. Documentation evidencing the expiration or revocation of the building permit or
demolition of the structure pursuant to a valid county- issued demolition permit.
Failure to apply for a refund within 60 days following expiration or revocation of the
building permit or demolition of the structure shall constitute a waiver of entitlement
to a refund. Upon receipt of a complete application for refund, the d}reeter- e€
pPlanning Director within 60 days, shall review the application and documentary
evidence submitted by the applicant and make a determination of whether a refund is
due. Refunds by direct payment shall be made within 60 days following an
affirmative determination by the wester• -e pPlanning Director No interest shall be
paid by the county with such refunds.
(6) Applications for refunds due to the failure of the county to appropriate fees collected
from the applicant within the time limits established in subsections (b)(2) and (b)(4) of
this section shall be made on forms provided by the county and shall be made within one
year following the expiration of such time limit. The applicant shall submit:
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a. Evidence that the applicant is the property owner or the duly designated agent of the
property owner;
b. The amount of the impact fee paid and the capital improvement category for which a
refund application is being made;
c. Receipts evidencing the impact fee payments; and
d. Description and documentation of the county's failure to appropriate impact fee funds
for relevant capital improvements.
Upon receipt of a complete application for refund, the dir-ester- efpPlannin Director
shall review the application and documentary evidence submitted by the applicant as
well as such other information and evidence as may be deemed relevant, and make a
determination of whether a refund is due within 60 days. Refunds by direct payment
shall be made within 60 days following an affirmative determination by the d#eeter
of-pPlanning Director Refunds shall include a pro rata share of interest earned by the
applicable impact fee account calculated at the average annual rate of interest for each
of the years during which the applicant's impact fees were in the account divided by
the number of years in which the fees were in the account.
(7) The county may, at its option, make refunds of impact fees by direct payment, by
offsetting such refunds against other impact fees due for the same category of capital
improvements for development on the same property, or by other means subject to
agreement with the property owner.
Sec. 126 -7. Appeals.
(a) An appeal from any decision of the diresteF of pPlanning Director p ursuant to this chapter
shall be made to the pPlanning eCommission in accordance with sSection 102 -185; however,
notwithstanding sSection 102- 185(d), if the notice of appeal is accompanied by a bond or other
sufficient surety satisfactory to the county attorney in an amount equal to the impact fee as
calculated by the dir-eeter -ef pPlanning Director to be due, the building permit shall be issued.
The filing of an appeal shall not stay the collection of the impact fee as calculated by the dir-eeter
o4l!lanning Director unless a bond or other sufficient surety has been provided.
(b) The burden of proof shall be on the appellant to demonstrate that the decision of the dir-eete
of- pPlanning Director is erroneous.
Sec. 126 -8. Fair sShare tTransportation Umpact Wee.
(a) Purpose and authority.
(1) The BOCC has determined and recognized that the
growth rate the county will experience through the year 2005 will necessitate a
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significant number of major road network improvements which make it necessary to
regulate new land development activity generating traffic in order to increase the capacity
of the county's major road network system to maintain an acceptable level of service as
determined on the basis of an average annual basis.
(2) In order to finance these new capital improvements, regulate traffic generation levels, and
ensure that accommodating that growth is economically feasible, several combined
methods of financing will be necessary, one of which will require all new land
development activity generating traffic to pay its pro rata share of the capital expansion
costs that will be incurred to expand the county's major road network system.
(3) Implementing such a regulatory scheme that requires a new land development activity
generating traffic to pay a fair share fee, that does not exceed a pro rata share of the
reasonably anticipated expansion costs of new roads created by the new land
development activity, is the responsibility of the county pursuant to the Local
Government Comprehensive Planning and Land Development Regulation Act (F.S. §
163.3161 et seq.) and is in the best interest of the public's health, safety and welfare.
(4) Providing and regulating arterial and other roads and related facilities to make them more
safe and efficient, in coordination with a plan for the control of traffic, is also the
recognized responsibility of the county through F.S. § 125.01(1)(m) and is in the best
interest of the public's health, safety and welfare.
(5) It is not the purpose of this section to collect any money from new land development
activity generating traffic in excess of the actual amount necessary to offset the demand
on the county's major road network system generated by the new land development
activity. Existing residents will still be required to bear their appropriate share of the cost
of the county's major road network system.
(b) Payment of fair share fee prior to issuance of certificate of occupancy.
A fair share transportation fee shall be paid by any person, including any governmental agency,
prior to receiving a certificate of occupancy for any new land development activity generating
traffic that creates increased demand on the county's major road network system.
(c) Establishment of fee schedule.
Any person who shall initiate any new land development activity generating traffic, shall pay,
prior to the issuance of a certificate of occupancy, either an alternate fee amount based upon the
preparation of traffic impact analysis pursuant to subsection (d) of this section or, a fair share
transportation fee as established by resolution of the BOCC .
(d) Individual assessment of impact of land development activity on the major road network.
The traffic impact analysis:
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(1) Any person who shall initiate any land development activity generating measurable traffic
may choose to provide an individual assessment of the demand the proposed land
development activity will place on the county's major road network system in order to
show that the capital expansion costs necessitated by the proposed land development
activity are less than the fair share fee established in subsection (c) of this section.
(2) The individual assessment shall be undertaken through the submission of a traffic impact
analysis that shall include the following information:
a. The projected trip generation rates for the proposed land development activity, on an
average annual basis, and at a peak design hour basis. The trip generation rates for the
same or similar land use types, or state or national trip generation rate information, if
applicable;
b. The proposed trip length, trip distribution, and traffic assignment of the trips generated
from the proposed land development activity onto the county's major road network
system. Trip length information shall be based upon local empirical surveys of similar
land use types or trip length data compiled by the county pPlanning dDirector for
average trip length for similar land use types. Trip distribution information shall be
based upon the existing physical development activity, and projections of population
and physical development consistent with the county's comprehensive plan;
c. The traffic assignment of trips generated by other approved land development activity
in the area on the county's major road network system;
d. An assessment of the capital expansion of the county's major road system necessitated
by the proposed land development activity if it is to be maintained at level of service
D on an average annual basis. Needed improvements shall be determined through the
end of a 20 -year time horizon beginning with the year the project is built out or
completed. Standard acceptable practices and methodological procedures in the
transportation planning and engineering profession shall be used to determine the
capital expansion of the county's major road network system necessitated by the
proposed land development activity;
An assessment of the costs of providing the capital expansion necessitated by the
proposed land development activity. The cost figures used shall be based upon recent
empirical information of the costs in the county for the construction of a lane mile,
and shall include related right -of -way costs, and the planning, design and engineering
costs for the necessary capital improvements;
f. An assessment of the projected tax revenues that will be derived from the proposed
land development activity that can be reasonably determined to be available to pay
for new capital improvements to the county's major road network system over the
planning horizon; and
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g. The amount of any shortfall between the projected tax revenues and the capital
expansion costs for the major road network system necessitated by the new land
development activity. Any shortfall shall be considered the proposed fair share
transportation fee.
(3) The traffic impact analysis shall be prepared by qualified professionals in the field of
transportation planning and engineering, impact analysis and economics, and shall be
submitted to the sepPlanning dDirector.
(4) Within 20 working days of receipt of a traffic impact analysis, the county pPlanning
dDirector shall determine if it is complete. If the county Pplanning dDirector determines
the application is not complete, he shall send a written statement specifying the
deficiencies by mail to the person submitting the application. Unless the deficiencies are
corrected, the county pPlanning dDirector shall take no further action on the traffic
impact analysis.
(5) When the county pPlanning dDirector determines the traffic impact analysis is complete,
he shall review it within 20 working days, and shall approve the proposed fee if it is
determined that the traffic information, traffic factors, and methodology used to
determine the proposed fair share transportation fee are professionally acceptable and
fairly assess the costs for capital improvements to the county's major road network that
are necessitated by the proposed land development activity if the road network is to be
maintained at level of service D on an average annual basis. If the county pPlanning
dDirector determines the traffic information, traffic factors and methodology is
unreasonable, the proposed fee shall be denied, and the developer shall pay the fair share
transportation fee as established in subsection (c) this section.
(6) Any person may appeal the county pPlanning dDirector's decision on a traffic impact
analysis by filing a petition with the BOCC within 30
days of a decision by the county pPlanning dDirector. In reviewing the county pPlanning
dDirector's decision, the beafd of eounty eefami&&ioffeF&-fflCC shall use the standards
established in this subsection.
(e) Time and amount of payment.
No certificate of occupancy shall be issued until any applicable fair share transportation fee is
paid. If, in the time between the date of the building permit application and the date of the
request for a certificate of occupancy, the applicable fair share transportation fee amount is
altered, the fee due shall be the lower of the two amounts.
(f) Interpretation of the section and fee schedule.
(1) Interpretation of all provisions of this section, including whether a proposed land
development activity is identified in one of the land use types in the fee schedule
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established in subsection (c) of this section, shall be made by the county pPlanning
dDirector.
(2) Any person who shall initiate any land development activity not identified in the fee
schedule established in subsection (c) of this section shall submit a traffic impact analysis
to the county pPlanning dDirector for a determination of the fair share transportation fee
for the proposed land development activity.
(3) The traffic impact analysis shall include the information outlined in subsection (d) of this
section and shall be reviewed in accordance with subsection (d) of this section.
(4) If the county pPlanning dDirector determines the traffic information, traffic factors and
methodology used in the traffic impact analysis is unreasonable, he shall establish a fair
share transportation fee for the proposed land development activity that is consistent with
the cases of Contractors and Builders Association of Pinellas County v. City of Dunedin,
329 So.2d 314 (Fla. 1976) and Home Builders and Contractors Association of Palm
Beach County v. the Board of County Commissioners of Palm Beach County, 446 So.2d
140 (Fla. 4th DCA 1983) and the standards and criteria established in this section.
(5) Any person may appeal the county pPlanning dDirector's determination of the fair share
transportation fee on any traffic impact analysis they submit by filing a petition with the
BOCC within 30 days of a decision by the county
pPlanning dDirector. In reviewing the county Pplanning dDirector's decision, the BOCC
shall use the standards established in subsection (d) of
this section.
(g) Credits to the fair share transportation fee.
(1) The county pPlanning dDirector shall grant a credit against any fair share transportation
fee imposed by this section upon any new land development activity generating traffic
where the person initiating the land development activity has entered into an agreement
with the county to construct capital roadway improvements which expand the county's
major road network by providing roadway improvements that are consistent with the
comprehensive plan. A credit equal to the dollar value of the capital road improvement in
the agreement shall be provided. No credit shall exceed the fair share transportation fee
imposed by this section for the proposed land development activity.
(2) The determination of the credit shall be undertaken through the submission of a proposed
credit agreement to the county pPlanning dDirector, which agreement shall include the
following information:
a. A proposed plan of specific roadway improvements, prepared and certified by a duly
qualified and licensed state road engineer; and
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Monroe County Comprehensive Plan Update
b. The projected costs for the suggested roadway improvements, which shall be based on
local information for similar transportation improvements, along with the
construction timetable for the completion thereof. Such estimated costs shall include
the cost of construction or reconstruction, the cost of all labor and materials, the cost
of all lands, property, rights, easements and franchises acquired, financing charges,
interest prior to and during construction and for one year after completion of
construction, cost of plans and specifications, surveys of estimates of costs and of
revenues, cost of engineering and legal services, and all other expenses necessary or
incident to determining the feasibility or practicability of such construction or
reconstruction.
(3) The proposed credit agreement shall be prepared by qualified professionals in the fields
of transportation planning and engineering, impact analysis and economics.
(4) Within 20 working days of receipt of the proposed credit agreement, the county
pPlanning dDirector shall determine if the proposal is complete. If it is determined that
the proposed agreement is not complete, the county pPlanning dDirector shall send a
written statement to the applicant outlining the deficiencies. The county pPlanning
dDirector shall take no further action on the proposed credit agreement until all
deficiencies have been corrected or otherwise settled.
(5) Once the county pPlanning dDirector determines the credit agreement is complete, he
shall review it within 20 working days and shall approve the proposed credit agreement if
it is determined that the proposed capital roadway improvement is consistent with the
capital improvements in the comprehensive plan for the county's major road network and
the proposed costs for the suggested roadway improvement are professionally acceptable
and fairly assess the cost for the capital improvement. If the county pPlanning dDirector
determines that either the suggested capital improvement is not consistent with the
proposed roadway improvement outlined in the comprehensive plan or that the proposed
costs are not acceptable, he shall propose a suggested roadway improvement similar to
that proposed, but consistent with the provisions of this section.
(6) If the proposed credit agreement is approved by the county pPlanning dDirector or if the
recommended credit agreement is accepted by the applicant, a credit agreement shall be
prepared and signed by the applicant and the county. It shall specifically outline the
capital roadway improvements 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 capital roadway improvement.
(7) Any person may appeal the county pPlanning dDirector's decision on any credit
agreement he submits, by filing a petition with the BOCC
within 30 days of a decision by the county pPlanning dDirector. In reviewing the county
pPlanning dDirector's decision, the BOCC shall use the
standards established in subsection (c) of this section.
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Monroe County Comprehensive Plan Update
(h) Review of the fee schedule.
Prior to the adoption of the annual budget, the BOCCbOaFd of ,., uat , ^ emmission°rs shall
receive a report from the county pPlanning dDirector on the fair share transportation fee schedule
in subsection (c) of this section and any recommended changes in the fee schedule. Changes in
the schedule should be based on any revisions to population projections, travel characteristics,
road costs, inflation and other relevant factors.
(i) Use of funds collected.
(1) The county shall establish an appropriate accounting mechanism for ensuring that the fees
collected pursuant to this section are appropriately earmarked and spent for the capital
expansion of the county's major road network system.
(2) Three accounts shall be established, one for each subdistrict as shown in appendix A to
the ordinance from which this chapter is derived; and fees collected pursuant to this
section shall be paid into the accounts established for the subdistrict in which the new
land development activity is proposed.
(3) Expenditure of fair share fees and trust accounts shall be as follows:
a. The funds collected by reason of the establishment of the fair share transportation fee
shall be used solely for the purpose of acquisition, expansion and development of the
major road network system determined to be needed to serve new development,
including, but not limited to:
1. Planning, design and construction plan preparation;
2. Right -of -way acquisition;
3. Construction of new through lanes;
4. Construction of new turn lanes;
5. Construction of new bridges;
6. Construction of new drainage facilities in conjunction with new roadway
construction;
7. Purchase and installation of traffic signalization;
8. Construction of new curbs, medians and shoulders;
9. Construction of new bicycle paths;
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Monroe County Comprehensive Plan Update
10. Construction of new pedestrian pathways and sidewalks; and
11. Installation of new landscaping in conjunction with any of the projects listed in
this subsection (i)(3)a.
b. Proceeds from each account shall be used exclusively for the capital expansion of the
county's major road net system in the subdistrict from which the moneys have come,
with the exception that a portion of the funds from each district may be allocated to
projects outside of the subdistrict, on U.S. 1, Card Sound Road, and C -905 in Key
Largo, and the proceeds are used in a manner consistent with the capital
improvements plan of the comprehensive plan.
c. Any funds in each of the accounts on deposit, not immediately necessary for
expenditure, shall be invested in interest - bearing assets. All income derived from
these investments shall be retained in the applicable account.
d. Each year, the fair share transportation fees collected may be returned to the feepayer
if the land development activity generating traffic is canceled due to
noncommencement of construction before the funds have been spent or encumbered.
Refunds may be made in accordance with this section, provided the then present
owner files petition for a refund within three months from the date of
noncommencement.
e. The refund of fair share transportation fees shall be undertaken through submission of
a refund application to be submitted within one year following the end of the sixth
year from the date on which the fair share transportation fee was paid or within three
months from the date of noncommencement. The refund application shall include the
following information:
1. A notarized statement that the feepayer paid the fair share transportation fee for the
property and the amount paid;
2. A copy of the receipt issued by the county 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.
f. Within 20 working days of receipt of the refund application, the county pPlanning
dDirector shall determine if it is complete. If the county pPlanning dDirector
determines the application is not complete, he shall send a written statement
specifying the deficiencies by mail to the person submitting the application. Unless
the deficiencies are corrected, the county pPlanning dDirector shall take no further
action on the refund application.
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Monroe County Comprehensive Plan Update
g. When the county $Planning dDirector determines the refund application is complete,
he shall review it within 20 working days, and shall approve the proposed refund if he
determines the feepayer has paid a fair share transportation fee, which the county has
not spent or encumbered within six years from the date the fees were paid.
h. When the money requested is still in the trust fund account and has not been spent or
encumbered by the end of the calendar quarter immediately following six years from
the date the fees were paid, the money shall be returned with interest at the rate of six
percent per annum.
i. Any feepayer may appeal the county pPlanning dDirector's decision on a refund
application, by filing a petition with the BOCC within
30 days of a decision by the county pPlanning dDirector. In reviewing the county
pPlanning dDirector's decision, the BOCC shall use
the standards established in subsection (c) of this section.
0) Exemptions.
The following new land development activities generating traffic are exempted from
payment of the fair share transportation fee:
(1) Alterations or expansion of an existing dwelling unit, including the replacement of or
relocation within the service district, a mobile home, where no additional units are
created and the use is not changed;
(2) The construction of accessory buildings or structures that are not dwelling units and
which do not constitute an increase in intensity of use;
(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 any employee or affordable housing units, provided that:
a. Prior to the issuance of a building permit for such units, evidence shall be provided to
the Planning dDirector of planning that a notice of deferred payment of impact fee
has been recorded on the chain of title; and
b. If the employee or affordable housing units because of occupancy or ownership no
longer qualify as affordable or employee units under the provisions of this chapter,
the impact fee shall be due and owing; and
(5) Publicly owned governmental buildings, except for those used for permanent or
temporary housing.
Sec. 126 -9. Fair sShare eCommunity pPark Umpact Wee.
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Monroe County Comprehensive Plan Update
(a) Intent and authority.
(1) The beffd of sounty BOCC has determined and recognized that the
growth rate the county will experience through the year 2005 will necessitate significant
expansion of the community parks in the county in order to maintain an acceptable level
of active recreational opportunities for county residents.
(2) In order to finance these new capital improvements for community parks, several
combined methods of financing will be necessary, one of which will require all land
development in the county to pay a fair share park fee which is consistent with the
principles established in Contractors and Builders Association of Pinellas County v. City
of Dunedin, 329 So.2d 314 (Fla. 1976) and Hollywood, Inc. v. Broward County, 431
So.2d 606 (Fla. 4th DCA 1983).
(3) Implementing such a regulatory and financing program is the responsibility of the county
pursuant to the Local Government Comprehensive Planning and Land Development
Regulation Act (F.S. § 163.3161 et seq.) and F.S. § 125.01(1)(f), and is in the best
interest of the public's health, safety and welfare.
(4) It is the purpose of this section to establish a regulatory system to assist in providing for
new community parks needed to serve new growth and development new growth.
Pursuant to this section, land development activity will be required to pay a fair share
community park fee which shall not exceed a pro rata share of the reasonably anticipated
costs of new community park facilities required by new growth.
(5) It is not the purpose of this section to collect any money from new residential
development in excess of the actual amount necessary to offset the demand placed on
new community parks by the development.
(b) Time and amount of payment.
No certificate of occupancy for a permanent or temporary residential unit shall be issued until
any applicable fair share park fee is paid. If, in the time between the date of the building permit
application and the date of the request for a certificate for occupancy, the applicable fair share
park fee amount is altered, the fee due shall be the lowest of the two amounts.
(c) Fair share park fee to be imposed on new residential land development activity.
(1) Payment of fair share fee prior to issuance of certificate of occupancy.
Any person who shall initiate any new residential land development activity that places an
increased demand on the county's community park facilities shall pay prior to the
issuance of a certificate of occupancy, either an alternate fee amount based upon the
preparation of an individual assessment pursuant to subsection (c)(2) of this section or, a
fair share park fee established by resolution of the board of eo , my eemmissi°n°r-s-BOCC.
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Monroe County Comprehensive Plan Update
(2) Individual assessment of fiscal impact of land development activity on community park
facilities.
The community park impact analysis:
a. Any person who shall initiate any land development activity that places a demand on
community park facilities may choose to provide an individual assessment of the
demand the proposed land development activity will place on the county's community
parks in order to show the capital expansion costs necessitated by the proposed land
development activity is less than the fair share fee established in this subsection (c).
b. The individual assessment shall be undertaken through the submission of a community
park impact analysis that shall include the following information:
The projected use of community park facilities by the proposed land development
activity. This projection shall be based upon either local empirical surveys, or
state or national information.
2. An assessment of the capital expansion of the county's community park facilities
necessitated by the proposed land development, if those facilities are to be
maintained at standards consistent with the comprehensive plan. Standard
acceptable practices and methodological procedures in park planning and impact
analysis shall be used to determine the capital expansion of the county's
community park facilities necessitated by the proposed land development activity.
3. An assessment of the costs for providing the capital expansion necessitated by the
proposed land development activity. The cost figures used shall be based upon
recent empirical information of the costs in the county for acceptable park
acreage, the construction costs for park equipment outlined in the comprehensive
plan, and the planning, design and engineering costs for the necessary capital
improvements.
4. An assessment of the projected tax revenues that will be derived from the proposed
land development activity that can be reasonably determined to be available to
pay for new capital improvements to the county's community park facilities.
5. The amount of any shortfall between the projected tax revenues and the capital
expansion costs for the community park facilities necessitated by the new land
development activity. Any shortfall shall be considered the proposed fair share
park fee.
c. The community park impact analysis shall be prepared by qualified professionals in the
field of community impact analysis and economics, and shall be submitted to the
dir-ee pPlanning Director
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Monroe County Comprehensive Plan Update
d. Within 20 working days of receipt of a community park impact analysis, the Hof
pPlannin Director shall determine if it is complete. If the diFeeter of „ Planning
Director determines the application is not complete, he shall send a written statement
specifying the deficiencies by mail to the person submitting the application. Unless
the deficiencies are corrected, the dhee-te- e€ pPlanning- Director shall take no further
action on the community park impact analysis.
e. When the di ter- of „ Planning Director determines the community park impact
analysis is complete, he shall review it within 20 working days, and shall approve the
proposed fee if it is determined that the methodology used to determine the proposed
fair share park fee fairly assesses the costs for capital improvements to the county's
community park facilities that are necessitated by the proposed land development
activity if the county's community park facilities are going to be maintained at the
level of services established in the comprehensive plan. If the Planning dDirector
determines the methodology is unreasonable, it shall be denied, and the developer
shall pay the fair share parks fee as established in this subsection.
f. Any person may appeal the county pPlanning dDirector's decision on any community
park impact analysis he submits by filing a petition with the BOCC
within 30 days of a decision by the county pPlanning dDirector. In
reviewing the county pPlanning dDirector's decision, the BOCC
shall use the standards established in this section.
(d) Credits to the fair share park fee.
(1) Where the person initiating the land development activity has entered into an agreement
with the county to dedicate land for a community park, the county pPlanning dDirector
shall grant a credit against any fair share park fee imposed by this section upon any new
land development activity placing a demand on the county's community park facilities in
an amount equal to the dollar value of the land dedication. No credit shall exceed the fair
share park fee imposed by this section for the proposed land development activity.
(2) The determination of the credit shall be undertaken through the submission of a proposed
credit agreement to the direE or- of pPlanning Director which agreement shall include the
following information:
a. The proposed land or plan of park improvement prepared and certified by a duly
qualified and licensed state engineer; and
b. The assessed value of the proposed land dedication.
(3) The proposed credit agreement shall be prepared by qualified professionals in the fields
of park planning and real property appraisal.
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Monroe County Comprehensive Plan Update
(4) Within 20 working days of receipt of the proposed credit agreement, the dfrester- o
pPlannin Director shall determine if the proposal is complete. If it is determined that the
proposed credit agreement is not complete, the deter -of — lanning Director shall send a
written statement to the applicant outlining the deficiencies. The Planning _D director shall
take no further action on the proposed credit agreement until all deficiencies have been
corrected or otherwise settled.
(5) Once the diFeetor- of pPlanning Director determines the credit agreement is complete, he
shall review it within 20 working days, and shall approve the proposed credit agreement
if it is determined that the proposed land dedication is consistent with the capital
improvements outlined in the comprehensive plan for the county's community park
facilities, and the proposed value of the land dedication is professionally acceptable. If
the Planning dDirector determines that either the proposed land dedication or the value of
the land dedication is not consistent with the comprehensive plan, or that the proposed
costs are not acceptable, he shall deny the credit agreement and the applicant shall pay
the fair share park fee.
(6) If the proposed credit agreement is approved by the Planning Director a
credit agreement shall be prepared and signed by the applicant and the county. It shall
specifically outline the land dedication that will be made by the applicant, and the dollar
credit the applicant shall receive for the dedication.
(7) Any person may appeal the Planning dDirector's ecision on any credit
agreement he submits, by filing a petition with the beafd of eounty eommissionefts]3OCC
within 30 days of a decision by the county Pplanning Ddirector. In reviewing the county
pPlanning dDirector's decision, the BOCC shall use the
standards established in subsection (c) of this section.
(e) Review of the section and fee schedule.
Prior to the adoption of the annual budget, the board of eouffty eemm shall
receive a report from the county pPlanning dDirector reviewing the fair share park fee schedule
in subsection (d) of this section and any recommended changes in the fee schedule. Changes in
the schedule should be based on any revisions to population projections, park equipment costs,
inflation and other relevant factors.
(f) Use of funds collected.
(1) The county shall establish an appropriate accounting mechanism for ensuring that the fees
collected pursuant to this section are appropriately earmarked and spent for the capital
expansion of the county's community park facilities.
(2) Three accounts shall be established, one for each subdistrict as shown in appendix A to
the ordinance from which this chapter is derived; and the fees collected pursuant to this
126 -37 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
section shall be paid into the accounts established for the subdistrict in which the new
land development activity is proposed.
(3) Expenditure of fair share fees shall be in accordance with the following:
a. Proceeds from each account shall be used exclusively for the capital expansion of the
county's community park facilities in the subdistrict from which the moneys have
come, and in a manner consistent with the capital improvements plan of the
comprehensive plan.
b. Any funds in each of the accounts on deposit, not immediately necessary for
expenditure, shall be invested in interest - bearing assets. All income derived from
these investments shall be retained in the applicable account. These moneys shall be
used for the capital expansion of the county's community park facilities in the
subdistrict from which the account funds have come, and in a manner consistent with
the capital improvements plan in the comprehensive plan.
c. Each year, at the time the annual county budget is reviewed, the dir-ester o€pPlanning
Director shall propose appropriations to be spent from the accounts. Any amounts not
appropriated from the accounts, together with any interest earnings, shall be carried
over in the specific account to the following fiscal period.
(4) Refund of any fair share park fee shall be in accordance with the following:
a. Any fair share park fees collected shall be returned to the feepayer if the fees have not
been spent or encumbered within six years from the date the fees were paid. Fair
share park fees collected shall be deemed to be spent or encumbered on the basis of
the first fee collected shall be the first fee spent for community park improvements.
b. Any fair share park fees collected shall be returned to the feepayer if the land
development activity is canceled due to noncommencement, and if the fees have not
been spent or encumbered. Fair share park fees collected shall be deemed to be spent
or encumbered on the basis of the first fee collected shall be the first fee spent for
community park facilities.
c. The refund of fair share park fees shall be undertaken through the submission of a
refund application to be submitted within one year following the end of the sixth year
from the date on which the fair share park fee was paid or within three months of
noncommencement. The refund application shall include the following information:
1. A notarized sworn statement that the feepayer paid the fair share park fee for the
property and the amount paid; and
2. A copy of the receipt issued by the county for payment of the fee.
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Monroe County Comprehensive Plan Update
d. Within 20 working days of receipt of the refund application, the d-ir-estet- of pPlanning
Director shall determine if it is complete. If the Planning Director determines the
application is not complete, he shall send a written statement specifying the
deficiencies by mail to the person submitting the application. Unless the deficiencies
are corrected, the Planning dDirector shall take no further action on the refund
application.
e. When the dlr-estoF of pPlannin Director determines the refund application is complete,
he shall review it within 20 working days, and shall approve the proposed refund if he
determines the feepayer has paid a fair share community park fee, which the county
has not spent or encumbered within six years from the date the fees were encumbered
or within three months of the date of noncommencement.
f. Any feepayer may appeal the Planning D director's decision on a refund application by
filing a petition with the BOCC within 30 days of a
decision by the Planning Director In reviewing the Planning dDirector's
decision, the board of eounty sommissionem shall use the standards
established in subsection (c) of this section.
(g) Exemptions.
The following new land development activities shall be exempted from payment of the fair share
park fee:
(1) Alterations or expansion of an existing dwelling unit, including the replacement of or
relocation within the service district, a mobile home, where no additional units are
created and the use is not changed;
(2) The construction of accessory buildings or structures that are not dwelling units and
which do not constitute an increase in intensity of use;
(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 any publicly owned governmental buildings, except for those used for
permanent or temporary housing; and
(5) The construction of any employee or affordable housing units, provided that:
a. Prior to the issuance of a building permit for such units, evidence shall be provided to
the dir-esteref pPlanning Director that a notice of deferred payment of impact fee has
been recorded on the chain of title; and
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Monroe County Comprehensive Plan Update
b. If the employee or affordable housing units because of occupancy or ownership no
longer qualify as affordable or employee units under the provisions of this chapter,
the impact fee shall be due and owing.
Sec. 126 -10. Fair sShare ILibrary iImpact Wee.
(a) Purpose and authority.
(1) The BOCC has determined and recognized that the
growth rate the county and the City of Key West will experience through the year 2005
will necessitate a significant capital expansion of the county's library facilities in order to
provide adequate quality of library opportunities for city and county residents.
(2) In order to finance these new capital improvements, several combined methods of
financing will be necessary, one of which will require all residential land development in
the county to pay a fair share library fee which is consistent with the principles
established in Contractors and Builders Association of Pinellas County v. City of
Dunedin, 329 So.2d 314 (Fla. 1976).
(3) Implementing such a regulatory and financing program is the responsibility of the county
in order to carry out this chapter and the comprehensive plan pursuant to the Local
Government Comprehensive Planning and Land Development Regulation Act (F.S. §
163.3161 et seq.) and F.S. § 125.01(1)(0 and is in the best interest of the public's health,
safety and welfare.
(4) It is the purpose of this section to establish a regulatory system to assist in providing
funding for the capital expansion of these new library facilities caused by the new
growth. Pursuant to this section, residential land development in the unincorporated area
of the county and the City of Key West will be required to pay a fair share library impact
fee which does not exceed a pro rata share of the reasonably anticipated costs for the
capital expansion of new library facilities caused by new growth. The county may enter
into an inter -local agreement with the City of Key West for the collection of impact fees
within the city with a provision for the payment of any city legal and administrative costs
that may be involved in the collection of the fee. The city may also exempt units covered
by the city's accessory apartment ordinance from the payment of library impact fees.
Otherwise all other provisions of this section shall be applicable in the City of Key West.
(5) It is not the purpose of this section to collect any money from any new residential
development in excess of the actual amount necessary to offset the demand placed on
new county library facilities for capital expansion.
(b) Time and amount of payment.
No certificate of occupancy shall be issued for any residential unit until the applicable fair share
library fee is paid. If, in the time between the date of the building permit application and the date
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Monroe County Comprehensive Plan Update
of the request for a certificate of occupancy, the applicable fair share library fee amount is
altered, the fee due shall be the lower of the two amounts.
(c) Fair share library fee to be imposed on new residential land development activity.
(1) Payment of fair share fee prior to issuance of certificate of occupancy.
Any person who shall initiate any new residential land development activity that places an
increased demand on the county's library facilities shall pay, prior to the issuance of a
certificate of occupancy, either a fee amount based upon the preparation of an individual
assessment in subsection (c)(2) of this section or, a fair share library fee as established by
resolution of the beafd of eewity eemmissimeaem
(2) Individual assessment of fiscal impact of land development activity on library facilities.
The library impact analysis:
a. Any person who shall initiate any land development activity that places a demand on
the county's library facilities may choose to provide an individual assessment of the
demand the proposed land development activity will place on the county's library
facilities in order to show that the capital expansion costs necessitated by the
proposed land development activity is less than the fair share fee established in
subsection (c)(1) of this section.
b. The individual assessment shall be undertaken through the submission of a library
facilities analysis that shall include the following information:
The projected use of library facilities by the proposed land development activity.
This projection shall be based upon either local empirical surveys, or state or
national information.
2. An assessment of the capital expansion of the county's library facilities necessitated
by the proposed land development, if those facilities are to be maintained at
standards consistent with the comprehensive plan. Standard practices and
methodological procedures in impact analysis shall be used to determine the
capital expansion of the county's library facilities necessitated by the proposed
land development activity.
3. An assessment of the costs for providing the capital expansion necessitated by the
proposed land development activity. The cost figures used shall be based upon
recent empirical information of the costs in the county for acceptable library
facilities, the construction costs for library space, outlined in the comprehensive
plan, and the planning, design and engineering costs for the necessary capital
improvements.
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Monroe County Comprehensive Plan Update
4. An assessment of the projected tax revenues that will be derived from the proposed
land development activity that can be reasonably determined to be available to
pay for new capital improvements to the county's library facilities.
5. The amount of any shortfall between the projected tax revenues and the capital
expansion costs for the library facilities necessitated by the new land development
activity. Any shortfall shall be considered the proposed fair share library fee.
c. The library facilities impact analysis shall be prepared by qualified professionals in the
fields of community impact analysis and economics, and shall be submitted to the
county pPlanning dDirector.
d. Within 20 working days of receipt of a library facilities impact analysis, the dir-eeter- e
pPlannin Director shall determine if it is complete. If the Planning_D
determines the application is not complete, he shall send a written statement
specifying the deficiencies by mail to the person submitting the application. Unless
the deficiencies are corrected, the Planning dDirector shall take no further action on
the library facilities impact analysis.
e. When the Plannin Director determines the library facilities impact
analysis is complete, he shall review it within 20 working days, and shall approve the
proposed fee if it is determined that the methodology used to determine the proposed
fair share library fee is professionally acceptable and fairly assesses the costs for
capital improvements to the county's library facilities that are necessitated by the
proposed land development activity if the county's library facilities are going to be
maintained at the level of service established in the comprehensive plan. If the
PlanningD director determines the methodology is unreasonable, it shall be denied,
and the developer shall pay the fair share library fee as established in this subsection.
f. Any person may appeal the county pPlanning dDirector's decision on any library
facilities analysis he submits by filing a petition with the BOCC
BOCC within 30 days of a decision by the county pPlanning
dDirector. In reviewing the county pPlanning dDirector's decision, the BOCC bear-d-e€
shall use the standards established in this section.
(d) Credits to the fair share library fee.
(1) Where the person initiating the land development has entered into an agreement with the
county to dedicate land, books, periodicals or films, or to construct a library facility, the
dir-eeter- of pPlanning Director shall grant a credit against any fair share library fee
imposed by this section upon any new residential land development activity placing a
demand on the county's library facilities in an amount equal to the dollar value of the
capital improvements. No credit shall exceed the fair share library fee imposed by this
section for the proposed land development activity.
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Monroe County Comprehensive Plan Update
(2) The determination of the credit shall be undertaken through the submission of a proposed
credit agreement to the dir-eater of pPlannin Director which agreement shall include the
following information:
a. The proposed donation of land, books, periodicals or films, or the proposed plan of
specific library space improvements; and
b. The projected dollar value for the suggested donations or improvements that shall be
based on local information of similar land, books, periodicals, films or space
improvements.
(3) The proposed credit agreement shall be prepared by qualified professionals in the fields
of planning, impact analysis and economics.
(4) Within 20 working days of receipt of the proposed credit agreement, the dir-ester -e€
pPlannin Director shall determine if the proposal is complete. If it is determined that the
proposed credit agreement is not complete, the Plannin g_D director shall send a written
statement to the applicant outlining the deficiencies. The county pPlanning dDirector
shall take no further action on the proposed credit agreement until all deficiencies have
been corrected or otherwise settled.
(5) Once the diFest@F of pPlanning Director determines the credit agreement is complete, he
shall review it within 20 working days, and shall approve the proposed credit agreement
if it is determined that the proposed donation or space improvement is consistent with the
capital improvements outlined in the comprehensive plan for the county's library
facilities, and the proposed valuation of the donation or space improvement is
professionally acceptable. If the Planning dDirector determines that either the proposed
donation or space improvement is not consistent with the comprehensive plan, or that the
proposed costs are not acceptable, he shall deny the credit agreement and the applicant
shall pay the fair share library fee.
(6) If the proposed credit agreement is approved by the dif:eeteF of pPlanning Director a
credit agreement shall be prepared and signed by the applicant and the county. It shall
specifically outline the donation or space improvement that will be made by the applicant
and the dollar credit the applicant shall receive for the donation or space improvement.
(7) Any person may appeal the direeter -e€ pPlanning Director decision on any credit
agreement he submits by filing a petition with the board of eewity ,.,,.,,... issien BOCC
within 30 days of a decision by the Planning dDirector. In reviewing the Planning
dDirector's decision, the BOCC shall use the standards
established in subsection (c) of this section.
(e) Review of the fee schedule.
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Monroe County Comprehensive Plan Update
Prior to the adoption of the annual budget, the BOCC shall
receive a report from the county pPlanning dDirector reviewing the fair share library fee
schedule in subsection (c) of this section and any recommended changes in the fee schedule.
Changes in the schedule should be based on any revisions to the population projections, library
costs, inflation and other relevant factors.
(f) Use of funds collected.
(1) The county shall establish an appropriate accounting mechanism for ensuring that the fees
collected pursuant to this section are appropriately earmarked and spent for the capital
expansion of the county's library facilities.
(2) Three accounts shall be established, one for each subdistrict as shown in appendix A to
this chapter; and the fees collected pursuant to this section shall be paid into the accounts
established for the subdistrict in which the new land development activity is proposed.
(3) Expenditure of fair share fees in fund shall be in accordance with the following:
a. Proceeds from each account shall be used exclusively for the capital expansion of the
county's library facilities in the subdistrict from which the moneys have come, and in
a manner consistent with the capital improvements plan of the comprehensive plan.
b. Any funds in the funds on deposit, not immediately necessary for expenditure, shall be
invested in interest - bearing assets. All income derived from these investments shall
be retained in the applicable account. These moneys shall be used for the capital
expansion of the county's library facilities in a manner consistent with the capital
improvements plan in the comprehensive plan.
Each year, at the time the annual county budget is reviewed, the Planning dDirector of
planning shall propose appropriations to be spent from the fund. The proceeds shall
be spent for capital improvements plan consistent with the capital improvements plan
of the comprehensive plan. Any amounts not appropriated from the fund, together
with any interest earnings, shall be carried over in the specific account to the
following fiscal period.
(4) Refund of fair share fees, if not encumbered for community library facilities, shall be in
accordance with the following:
a. Any fair share library fees collected shall be returned to the feepayer if the fees have
not been spent or encumbered within six years from the date the fees were paid. Fair
share library fees collected shall be deemed to be spent (encumbered) on the basis of
the first fee collected shall be the first fee spent for library improvements.
b. Any fair share library fees collected shall be returned to the feepayer if the land
development activity is canceled due to noncommencement and if the fees have not
126 -44 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
been spent or encumbered. Fair share library fees collected shall be deemed to be
spent encumbered on the basis of the first fee collected shall be the first fee spent for
library facilities improvements.
c. The refund of fair share library fees shall be undertaken through the submission of a
refund application to be submitted within one year following the end of the sixth year
from the date on which the fair share library fee was paid or within three months of
noncommencement. The refund application shall include the following information:
1. A notarized sworn statement that the feepayer paid the fair share community
library fee for the property and the amount paid; and
2. A copy of the receipt issued by the county for payment of the fee.
d. Within 20 working days of receipt of the refund application, the Planning
Director shall determine if it is complete. If the Planning dDirector determines the
application is not complete, he shall send a written statement specifying the
deficiencies by mail to the person submitting the application. Unless the deficiencies
are corrected, the Planning D director shall take no further action on the refund
application.
e. When the digester of pPlanning Director determines the refund application is complete,
he shall review it within 20 working days, and shall approve the proposed refund if he
determines the feepayer has paid a fair share library fee, which the county has not
spent or encumbered within six years from the date the fees were encumbered or
within three months of noncommencement.
f. Any feepayer may appeal the Planning dDirector of plannings decision on a refund
application, by filing a petition with the BOCC within
30 days of a decision by the Planning dDirector. In reviewing the county pPlanning
dDirector's decision, the BOCC shall use the standards
established in subsection (c) of this section.
(g) Exemptions.
The following new land development activities shall be exempted from payment of the fair share
library fee:
(1) Alterations or expansion of an existing dwelling unit, including the replacement of or
relocation within the service district, a mobile home, where no additional units are
created and the use is not changed;
(2) The construction of accessory buildings or structures that are not dwelling units and
which do not constitute an increase in intensity of use;
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Monroe County Comprehensive Plan Update
(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 any publicly owned governmental buildings, except for those used for
permanent or temporary housing; and
(5) The construction of any employee or affordable housing units, provided that:
a. Prior to the issuance of a building permit for such units, evidence shall be provided to
the direster -ef pPlanning Director that a notice of deferred payment of impact fee has
been recorded on the chain of title; and
b. If the employee or affordable housing units because of occupancy or ownership no
longer qualify as affordable or employee units under the provisions of this chapter,
the impact fee shall be due and owing.
Sec. 126 -11. Fair 9Share sSolid wWaste }Impact Wee.
(a) Purpose and authority.
(1) The BOCC has determined and recognized through the
adoption of the comprehensive plan that the growth rate the county will experience
through the year 2005 will necessitate a significant expansion of the solid waste facilities
in the county in order to maintain an acceptable level of service for county residents.
(2) In order to finance these new solid waste facilities, several combined methods of
financing will be necessary, one of which will require all land development in the county
to pay a fair share solid waste fee that is consistent with the case of Contractors and
Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314 (Fla. 1976).
(3) Implementing such a regulatory and financing program is the responsibility of the county
in order to carry out this chapter and the comprehensive plan pursuant to the Local
Government Comprehensive Planning and Land Development Regulation Act (F.S. §
163.3161 et seq.) and is in the best interest of the public's health, safety and welfare.
(4) It is the purpose of this section to establish a regulating system to assist in providing
funding for the capital expansion of these new solid waste facilities necessitated by the
county's new growth. Pursuant to this section, new land development activity will be
required to pay a fee that does not exceed a pro rata share of the reasonably anticipated
costs it requires for the capital expansion of new solid waste facilities.
(5) It is not the purpose of this section to collect any money from any new residential
development in excess of the actual amount necessary to offset the demand placed on
new solid waste facilities. It is specifically acknowledged that this section has approached
the problem of determining the fair share fee in a conservative and reasonable manner.
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Monroe County Comprehensive Plan Update
(b) Fee schedule.
(1) Any person who shall initiate any new land activity generating solid waste shall pay prior
to the issuance of a certificate of occupancy either a fee amount based upon the
preparation of an individual assessment pursuant to subsection (c) of this section or, a fair
share solid waste fee as established by resolution of the beard ef raetxtty
eeffifflission BOCC
(2) The amount of the fair share solid waste fee shall be reviewed biannually thereafter by the
BOCC . The purpose of this review is to analyze the effect
of inflation on the actual costs of solid waste facilities and to ensure that the fee charged
new residential land development activity will not exceed its pro rata share of its
reasonably anticipated expansion costs for new solid waste facilities necessitated solely
by its presence.
(c) Individual assessment of impact of development on solid waste.
(1) Any land development activity may determine its fair share solid waste fee by providing
use and economic documentation that the actual impact of the land development on the
solid waste facilities in the subdistrict in which the development will be located is less
than the fair share solid waste fee.
(2) The documentation submitted shall be prepared by a qualified professional engineer and
shall show the basis upon which the fee has been calculated, including, but not limited to,
the information about demand for solid waste and costs for solid waste facilities.
(3) Within 20 working days of receipt of an individual assessment, the county pPlanning
dDirector shall determine if it is complete. If the county pPlanning dDirector determines
the application is not complete, he shall send a written statement specifying the
deficiencies by mail to the person submitting the application. Unless the deficiencies are
corrected, the county pPlanning dDirector shall take no further action on the individual
assessment.
(4) When the county pPlanning dDirector determines the individual assessment is complete,
he shall review it within 20 working days and shall approve the proposed fee if it is
determined that the information and methodology used to determine the proposed fair
share solid waste fee are professionally acceptable and fairly assess the costs for capital
improvements to the county's solid waste facilities that are necessitated by the proposed
land development activity. If the county pPlanning dDirector determines the information
and methodology is unreasonable, the proposed fee shall be denied, and the developer
shall pay the fair share solid waste fee as established in subsection (b) of this section.
(5) Any person may appeal the county pPlanning dDirector's decision on an individual
assessment he submits by filing a petition with the BOCC
within 30 days of a decision by the county pPlanning dDirector. In reviewing the county
126 -47 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
pPlanning dDirector's decision, the BOCC shall use the
standards established in subsection (b) of this section.
(d) Time and amount of payment.
The fair share solid waste fee shall be paid prior to the issuance of a certificate of occupancy. If,
in the time between the date of the building permit application and the date of the request for a
certificate of occupancy, the applicable fair share solid waste fee amount is altered, the fee due
shall be the lower of the two amounts. All funds collected shall be properly identified by
subdistrict and promptly transferred to the county administrator's office for deposit in the
appropriate fund to be held in separate accounts as determined in subsection (f) of this section
and used solely for the purpose as established by this section.
(e) Use of funds collected.
(1) The funds collected pursuant to these provisions shall be used solely for the purpose of
construction or expansion of solid waste facilities in the county, including, but not limited
to:
a. Design and construction plan preparation;
b. Land acquisition;
c. Acquisition of new incinerators; and
d. Acquisition of trucks and housing building equipment.
(2) All funds shall be used exclusively within the subdistricts from which they were collected
and shall not be used to maintain existing solid waste facilities.
(f) Funds.
(1) There are hereby established three separate funds, one for each subdistrict as shown in
appendix A to the ordinance from which this chapter is derived.
(2) Funds withdrawn from these funds must be used solely in accordance with the provisions
of this section and in compliance with the comprehensive plan. The disbursal of such
funds shall require the approval of the BOCC
(3) Any funds on deposit not immediately necessary for expenditure shall be invested in
interest - bearing accounts. All income derived shall be deposited in the applicable
account.
(g) Refunds.
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Monroe County Comprehensive Plan Update
(1) The fees collected pursuant to this section shall be returned to the then present owner of
the land development if the fees have not been spent or encumbered within a reasonable
time, but not later than by the end of the calendar quarter immediately following six years
from the date fees were paid.
(2) The fees collected pursuant to these provisions shall be returned to the present owner if
the residential land development activity is canceled due to noncommencement of
construction before the funds have been committed or spent.
(3) Refunds shall be made in accordance with the following procedures:
a. The present owner must petition the '-^Ma " a of ,.,.,,nty eemmissionefsBOCC for the
refund within one year following the end of the sixth year from the date on which the
fee was paid or within three months from the date of noncommencement. The petition
shall include:
1. A notarized statement that the petitioner is the current owner of the property;
2. A copy of the dated receipt issued showing payment of the fee;
3. A certified copy of the latest recorded deed; and
4. A copy of the most recent ad valorem tax bill.
b. Within three months from the date of receipt of a petition for refund, the director of the
municipal service district will advise the petitioner and the b
BOCC of the status of the fee requested for refund. For the purpose of
this section, fees collected shall be deemed to be spent or encumbered on the basis of
the first fee in shall be the first fee out. In other words, the first money placed in a
trust fund account shall be the first money taken out of that account when
withdrawals are made.
c. When the money requested is still in the trust fund account and has not been spent or
encumbered by the end of the calendar quarter immediately following six years from
the date the fees were paid, the money shall be returned with interest at the rate of six
percent per annum.
(h) Exemptions.
The following new land development activities shall be exempted from payment of the fair share
solid waste fee:
(1) Alterations or expansion of an existing dwelling unit, including the replacement of or
relocation within the service district, a mobile home, where no additional units are
created and the use is not changed;
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Monroe County Comprehensive Plan Update
(2) The construction of accessory buildings or structures that are not dwelling units and
which do not constitute an increase in intensity of use;
(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 any publicly owned governmental buildings, except for those used for
permanent or temporary housing; and
(5) The construction of any employee or affordable housing units, provided that:
a. Prior to issuance of a building permit for such units, evidence shall be provided to the
dir-ester -ef pPlanning Director that a notice of deferred payment of the impact fee has
been recorded on the chain of title; and
b. If the employee or affordable housing units because of occupancy or ownership no
longer qualify as affordable or employee units under the provisions of this chapter,
the impact fee shall be due and owing.
(i) Credits.
In lieu of paying the fair share solid waste fee, a developer may elect to dedicate land of suitable
size, dimension, topography and general character to serve as a solid waste site or a substantial
portion thereof that will meet the solid waste needs created by the development. The director of
the municipal service district shall determine if the dedicated land is an appropriate substitute for
the fair share solid waste fee and the amount of credit to be given and the timetable for
completion.
Sec. 126 -12. Fair sShare pPolice €Facilities Umpact Wee.
(a) Purpose and authority.
(1) The BOCC has determined and recognized through the
adoption of the comprehensive plan that the growth rate the county will experience
through the year 2005 will necessitate a significant capital expansion of the county's
police facilities.
(2) In order to finance the capital expansion of these new police facilities to accommodate
new growth, several combined methods of financing will be necessary, one of which will
require all land development in the county to pay a fair share police facilities fee that is
consistent with the case of Contractors and Builders Association of Pinellas County v.
City of Dunedin, 329 So.2d 314 (Fla. 1976).
(3) Implementing such a regulatory and financing program is the responsibility of the county
pursuant to the Local Government Comprehensive Planning and Land Development
126 -50 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Regulation Act (F.S. § 163.3161 et seq. and is in the best interest of the public's health,
safety and welfare.
(4) It is the purpose of this section to establish a regulatory system to assist in providing
funding for the capital expansion of these new police facilities created by the need to
accommodate the county's new growth. Pursuant to this section, new land development
will be required to pay a fee that does not exceed a pro rata share of the reasonably
anticipated costs for the capital expansion of new police facilities.
(5) It is not the purpose of this section to collect any money from any new development in
excess of the actual amount necessary to offset the requirements for the capital expansion
of new police facilities. It is specifically acknowledged that this section has approached
the problem of determining the fair share police facilities fee in a conservative and
reasonable manner.
(b) Fair share police facilities fee to be imposed on new residential land development activity.
(1) Fee.
Any person who shall initiate any new land development activity generating a need for police
facilities shall pay, prior to the issuance of a certificate of occupancy, either a fee amount
based upon an individual assessment pursuant to subsection (b)(2) of this section, or, a
fair share police facilities fee as established by resolution of the bear -e eel}
eenifflissien BOCC
(2) Police facilities impact analysis.
Any land development activity may determine its fair share police facilities fee by providing
use and economic documentation that the actual economic impact of the land
development on the sheriffs department facilities is less than the fair share police
facilities fee set forth in subsection (b)(1) of this section. The documentation submitted
shall be prepared by qualified professionals in the field and shall show the basis upon
which the fair share fee has been calculated, including, but not limited to, information
about demand for police space, patrol cars and jail facilities.
(3) Review.
The amount of the fair share police facilities fee shall be reviewed biannually by the
BOCC . The purpose of this review is to analyze the effect
of inflation on the actual costs of police facilities and to ensure the fee charged new
residential land development activity will not exceed its pro rata share of its reasonably
anticipated expansion costs for new police facilities necessitated solely by its presence.
(c) Time and amount of payment.
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Monroe County Comprehensive Plan Update
No certificate of occupancy shall be issued until any applicable fair share police fee is paid. If, in
the time between the date of the building permit application and the date of the request for a
certificate of occupancy, the applicable fair share police fee amount is altered, the fee amount
due shall be the lower of the two amounts.
(d) Use of funds collected.
(1) The funds collected pursuant to these provisions shall be used solely for the purpose of
the capital expansion of police facilities in the county, including, but not limited to:
a. Design and construction plan preparation;
b. Land acquisition;
c. Acquisition of new patrol cars; and
d. Acquisition of jail facilities.
(2) The funds shall not be used to maintain existing police facilities.
(e) Credits to the fair share police facilities fee.
(1) Where a person initiating land development activity has entered into an agreement with
the county to dedicate land or construct a building for police facilities that are consistent
with the comprehensive plan, the county pPlanning dDirector shall grant a credit against
any fair share police facilities fee imposed by this section upon the new land development
activity. A credit equal to the dollar value of the land dedicated or police facility in the
agreement shall be provided. No credit shall exceed the fair share police facilities fee
imposed by this section for the proposed land development activity.
(2) The determination of the credit shall be undertaken through the submission of a proposed
credit agreement to the county pPlanning dDirector, which agreement shall include the
following information:
a. The proposed land or plan of police building improvement prepared and certified by a
duly qualified and licensed state engineer; and
b. The projected costs for the proposed land or building improvements.
The proposed credit agreement shall be prepared by qualified professionals in the fields
of engineering, impact analysis and economics.
(3) Within 20 working days of receipt of the proposed credit agreement, the county
pPlanning dDirector shall determine if the proposal is complete. If it is determined that
the pro posed agreement is not complete, the county pPlanning dDirector shall send a
126 -52 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
written statement to the applicant outlining the deficiencies. The county pPlanning
dDirector shall take no further action on the proposed credit agreement until all
deficiencies have been corrected or otherwise settled.
(4) Once the county pPlanning dDirector determines the credit agreement is complete, he
shall review it within 20 working days, and shall approve the proposed credit agreement
if it is determined that the proposed land dedication or building improvement is
consistent with the capital improvements outlined in the comprehensive plan and the
proposed costs for the land or building improvement are professionally acceptable and
fairly assess the cost for the capital improvement. If the county pPlanning dDirector
determines that either the suggested land dedication or building improvement is not
consistent with the proposed improvements outlined in the plan or that the proposed costs
are not acceptable, he shall deny the proposed credit agreement.
(5) If the proposed credit agreement is approved by the county pPlanning dDirector, a credit
agreement shall be prepared and signed by the applicant and the county. It shall
specifically outline the land dedication or building 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 land dedication or building improvement.
(6) Any person may appeal the county pPlanning dDirector's decision on any credit
agreement he submits by filing a petition with the of eaeuaty eemfnissiefteFsI3OCC
within 30 days of a decision by the county pPlanning dDirector. In reviewing the county
pPlanning dDirector's decision, the BOCC shall use the
standards established in subsection (b) of this section.
(f) Review of the section and fee schedule.
Prior to the adoption of the annual budget, the beard of eeuw eFsBOCC shall
receive a report from the county pPlanning dDirector reviewing the fair share police facilities fee
schedule in subsection (b) of this section and any recommended changes in the fee schedule.
Changes in the schedule should be based on any revisions to the population projections, costs,
inflation and other relevant factors.
(g) Use of funds collected.
(1) The county shall establish an appropriate accounting mechanism for ensuring that the fees
collected pursuant to this section are appropriately earmarked and spent for the capital
expansion of the county sheriffs department.
(2) Three accounts shall be established, one for each subdistrict as shown in appendix A to
the ordinance from which this chapter is derived; and the fees collected pursuant to this
section shall be paid into the accounts established for the subdistrict in which the new
land development activity is proposed.
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Monroe County Comprehensive Plan Update
(3) Expenditure of fair share fees in accounts shall be in accordance with the following:
a. Proceeds from each account shall be used exclusively for the capital expansion of the
county sheriffs department in the subdistrict from which the moneys have come, and
in a manner consistent with the capital improvements plan of the comprehensive plan.
b. Any funds in the fund on deposit, not immediately necessary for expenditure, shall be
invested in interest - bearing assets. All income derived from these investments shall
be retained in the applicable account. These moneys shall be used for the capital
expansion of the county sSheriff s dDepartment in a manner consistent with the
capital improvements plan in the comprehensive plan.
c. Each year, at the time the annual county budget is reviewed, the difeeter- of pPlanning
Director shall propose appropriations to be spent from the funds. The proceeds shall
be spent for capital improvements from which the fund moneys have come, consistent
with the capital improvements plan of the comprehensive plan. Any amounts not
appropriated from the funds, together with any interest earnings, shall be carried over
in the specific account to the following fiscal period.
(4) Refund of fair share fees if not encumbered shall be in accordance with the following:
a. Any fair share police facilities fees collected shall be returned to the feepayer if the
fees have not been spent or encumbered within six years from the date the fees were
paid. Fair share police facilities fees collected shall be deemed to be spent or
encumbered on the basis of the first fee collected shall be the first fee spent for police
facilities.
b. Any fair share police facilities fees collected shall be returned to the feepayer if the
land development activity is canceled due to noncommencement, and if the fees have
not been spent or encumbered. Fair share police facilities fees collected shall be
deemed to be spent or encumbered on the basis of the first fee collected shall be the
first fee spent for roadway improvement.
The refund of fair share police facilities fees shall be undertaken through submission of
a refund application to be submitted within one year following the end of the sixth
year from the date on which the fair share police facilities fee was paid or within three
months of the date of noncommencement. The refund application shall include the
following information:
1. A notarized statement that the feepayer paid the fair share police facilities fee for
the property and the amount paid; and
2. A copy of the receipt issued by the county for payment of the fee.
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Monroe County Comprehensive Plan Update
d. Within 20 working days of receipt of the refund application, the county pPlanning
dDirector shall determine if it is complete. If the county pPlanning dDirector
determines the application is not complete, he shall send a written statement
specifying the deficiencies by mail to the person submitting the application. Unless
the deficiencies are corrected, the county pPlanning dDirector shall take no further
action on the refund application.
e. When the county pPlanning dDirector determines the refund application is complete,
he shall review it within 20 working days, and shall approve the proposed refund if he
determines the feepayer has paid a fair share police facilities fee, which the county
has not spent or encumbered within six years from the date the fees were encumbered
or within three months of the date of noncommencement.
f. Any feepayer may appeal the county pPlanning dDirector's decision on a refund
application by filing a petition with the BOCC within
30 working days of a decision by the county pPlanning dDirector. In reviewing the
county pPlanning dDirector's decision, the BOCChear -d of eounh. ,.^.,,.,,;� °� ^� °��
shall use the standards established in subsection (d) of this section.
(h) Exemptions.
The following new land development activities shall be exempted from payment of the fair share
police facilities fee:
(1) Alterations or expansion of an existing dwelling unit, including the replacement of or
relocation within the service district, a mobile home, where no additional units are
created and the use is not changed;
(2) The construction of accessory buildings or structures that are not dwelling units and
which do not constitute an increase in intensity of use;
(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 any publicly owned governmental buildings, except for those used for
permanent or temporary housing; and
(5) The construction of any employee or affordable housing units, provided that:
a. Prior to the issuance of a building permit for such units, evidence shall be provided to
the dir-ester of pPlanning Director that a notice of deferred payment of impact fee has
been recorded on the chain of title; and
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Monroe County Comprehensive Plan Update
b. If the employee or affordable housing units because of occupancy or ownership no
longer qualify as affordable or employee units under the provisions of this chapter,
the impact fee shall be due and owing.
Sec. 126 -13. Affordable and eEmployee hHousing €Fair sShare ilmpact Wee tTrust €Fund.
(a) Purpose.
(1) The board of seuRty eommi&&i&neFsJ3OCC has determined and recognized through the
adoption of volume II of the Monroe County Comprehensive Land Use Plan and in
recognition of the recommendations contained in the affordable housing study prepared
for the City of Key West and the county by the Plantec Corporation dated February,
1988, that the county will need significant amounts of affordable and employee housing
through the year 2005 and that it is in the interest of the public welfare to supply
regulatory incentives in order to aid in the increase of the stock of affordable and
employee housing.
(2) All new commercial, multifamily residential, institutional and industrial development
creates a direct or indirect requirement for affordable or employee housing.
(3) Additional capital costs of providing new affordable and employee housing are the
connection fees (impact fees), system development fees, and impact fees of the FKAA,
Keys Energy, and the Florida Keys Electric Co -op, and the cost of land infrastructure
improvements for qualified affordable housing projects.
(4) It is the purpose of this section to establish a trust fund to receive the regulatory impact
fees collected under this section and sSection 130 -161, and, through their expenditure, to
provide for the payment of the above - enumerated agencies, impact fees, land acquisition
cost and infrastructure fees which are necessary capital costs associated with the
provisions of affordable and employee housing.
(5) It is further the purpose of this section to provide a fair and equitable fair share fee for
affordable and employee housing impacts generated by commercial, recreational,
multifamily residential, institutional and industrial development, which are not otherwise
required to provide employee housing, in all Urban Residential Mobile Home, Urban
Residential Mobile Home - Limited, Sparsely Settled, Native Area, Mainland Native Area,
Offshore Island, Improved Subdivision, Recreational Vehicle, Military Facilities, Airport
and Parks and Recreation Districts, except for accessory uses, home occupations and
single - family, mobile home, and duplex dwellings.
(b) Exemptions.
The following new land development activities shall be exempted from the requirement to
provide employee housing:
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Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(1) Alterations or expansion of an existing multifamily dwelling unit where no additional
units are created and the use is not changed;
(2) The construction of accessory buildings or structures that are not dwelling units and
which do not constitute an increase in intensity of use;
(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 any publicly owned governmental buildings, except for those used for
permanent or temporary housing; and
(5) The construction of single - family, mobile home and duplex dwellings.
Sec. 126 -14. Emplovee Housing Fair Share Impact Fee <moved from 138 -56>
(a) Purpose. All new nonresidential floor area, including commercial/business, institutional, and
industrial development, creates a direct or indirect requirement for employee housing. The
availability and stability of employee housing stock is essential for the economic health of
the county. Therefore, all applicants for new or transferred nonresidential floor area shall be
assessed a fee to be used by the county to address employee housing issues.
(b) T me of development affected. The following types of development are affected b the
fee:
(1) All new nonresidential floor area under Section 138- 49(a): and
(2) The following g evelopment activities exempted under Section 138 -50 are subject to the
employee housing fair share impact fee:
a. Nonresidential development in areas exempted from residential ROGO, per Section
138 - 50(2);
b. Development activity for certain not - for - profit organizations, per Section 138- 50(4);
c. Vested rights, per Section 138 - 50(5);
d. De minimis expansion of nonresidential floor area, per Section 138 - 50(6);
e. Industrial uses, per Section 138 - 50(7); and
f. Transfer and redevelopment off site of lawfully established nonresidential floor area
which has not operated commercially for three years or more, per Section 138 - 50(10).
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Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(c) Establishment of fee schedule. An applicant for any new nonresidential floor area identified
in subsection (b) of this section shall pay, prior to the issuance of a building_ permit, a fair
share employee housing fee as established by the following schedule:
Structures for nonresidential uses of one to 1,999 square feet
$1.00 per square foot
Structures for nonresidential uses of 2,000 to 2,999 square feet*
$2.00 per square foot
Structures for nonresidential uses of 3,000 square feet or reg ater*
$3.00 per square foot
*The fee is calculated on the total new or transferred nonresidential floor area subject to
subsection (a)(2)f of this section.
d) Proceeds. Proceeds from the impact fees collected shall be deposited in the employee
housing fair share impact fee account and used exclusively to offset the cost of required
permitting and connection fees related to the development of new employee housing, in
accordance with a schedule and procedures recommended by the Plannine Commission and
approved by the board of coun
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Land Development Code: March 2016