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Ordinance 033-1992 ORDINANCE NO. 33-1992 FLED FOP: R rCOP IMPACT FEE PROCEDURAL ORDINANCE TEXT AMENDMENT `92 NOV 13 N10 :54 AN ORDINANCE AMENDING THE LAND DEVELOPMENT r - REGULATIONS OF THE COUNTY OF MONROE, c4014-; DA, ESTABLISHING PROCEDURES FOR alligNalgROAMiY. FLA. TION, CALCULATION, COLLECTION, EXPENDITURE AND ADMINISTRATION OF IMPACT FEES ON NEW DEVELOPMENT; PROVIDING A PURPOSE AND INTENT; PROVIDING DEFINITIONS; PROVIDING GENERAL PROVISIONS AND APPLICABILITY; PROVIDING PROCEDURES FOR THE IMPOSITION, CALCULATION AND COLLECTION OF IMPACT FEES; PROVIDING FOR THE ESTABLISHMENT OF IMPACT FEE ACCOUNTS, THE APPROPRIATION OF IMPACT FEE FUNDS AND FOR REFUNDS; PROVIDING FOR APPEALS; PROVID- ING FOR THE EFFECT OF THE AMENDMENT ON EXISTING COUNTY ORDINANCES OR REGULATIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ARTICLE X. IMPACT FEES Section 9 .5-490 . Impact Fee Procedures. (A) Purpose and Intent (1) The purposes and intent of the Impact Fee Procedures are: (a) To establish uniform procedures for the imposition, calculation, collection, expenditure and administration of impact fees imposed on new development; (b) To facilitate implementation of goals, objectives and policies set forth in the Florida Keys Comprehensive Plan and Land Development Regulations relating to assuring that new impact-producing development contributes its fair share towards the costs of capital improvements reasonably necessitated by such growth; (c) To ensure that new development is reasonably benefitted by capital improvements made with proceeds of impact fees; (d) To ensure that all applicable legal standards and criteria are properly incorporated in these procedures. Section 9 .5-490 . 1 Definitions. The words or phrases used herein shall have the meaning prescribed in the Monroe County Land Development Regulations, except as otherwise indicated herein: 1. "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 Monroe County Land Development Regulations Sec. 9 .5-4 (F-1) for the comparable definition of "Feepayer. " 2 . "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 utilized. Appropriation shall include, 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. 3 . "Capital Improvements" means and refers to those improvements as defined in Sec. 9 .5-4 (C-5) of the Monroe County Land Development Regulations 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 . 4. "Commercial Retail Use" means and refers to uses that sell goods or services at retail as that term is defined 2 in Sec. 9 .5-4 (C-13) of the Monroe County Land Development Regulations. 5 . "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. 6. "Dwelling Unit" means and refers to those residential units as defined in Sec. 9 .5-4 (D-30) of the Monroe County Land Development Regulations. The term "dwelling unit" is applicable to both permanent and transient residential development. 7. "Governmental Agency" means those entities as defined in Sec. 9 .5-4 (G-1) of the Monroe County Land Development Regulations. 8 . "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. 9 . "Impact Fee District Maps" means and refers to the map (s) defining the geographical extent of the impact - fee districts and subdistricts for each adopted impact fee. 10 . "Impact-producing" means and refers to any development which has the effect of: (a) increasing the need or demand for a capital improvement; or (b) utilizing existing capital improvement capacity; or (c) causing an existing capital improvement level of service standard to decline. 11. "Industrial Use" means and refers to uses devoted to manufacturing and related operations as that term is defined in Sec. 9 .5-4 (I-3) of the Monroe County Land Development Regulations and expressly includes heavy industrial uses as that term is defined in Sec. 9 .5-4 (H-2) of the Monroe County Land Development Regulations and light industrial uses as that term is defined in 3 Sec. 9 .5-4 (L-5) of the Monroe County Land Development Regulations. 12 . "Institutional Use" means and refers to uses that serve the community as that term is defined in Sec. 9 .5-4 (I-4) of the Monroe County Land Development Regulations and expressly includes hospitals . 13 . "Multiple Uses" means and refers to a development consisting of both residential and non-residential uses or one (1) or more different types of non-residential uses on the same site or part of the same development project. 14 . "Nonresidential Development" means and refers to commercial retail use as defined in Sec. 9 .5-4 (C-13) of the Monroe County Land Development Regulations, marinas as defined in Sec. 9 .5-4 (M-5) of the Monroe County Land Development Regulations; destination resort as that term is defined in Sec. 9 .5-4 (D-5) of the Monroe County Land Development Regulations; hotel use as that term is defined in Sec. 9 .5-4 (H-7) ; room, hotel or motel as those terms are defined in Sec. 9 .5-4 (R-16) of the Monroe County Land Development Regulations; industrial use as that term is defined in Secs. 9 .5-4 (I-3) , (H-2) and (L-5) of the Monroe County Land Development Regulations; institutional uses as defined in Sec. 9 .5-4 (I-4) of the Monroe County Land Development Regulations; office use as defined in Sec. 9 .5-4 (0-1) of the Monroe County Land Development Regulations; shopping centers as defined in Sec. 9 .5-4 (S-6) of the Monroe County Land Development Regulations; public buildings as defined in Sec. 9 .5-4 (P-18) of the Monroe County Land Development Regulations. 15 . "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 Sec. 9 .5-4 (0-1) of the Monroe County Land Development Regulations. 16 . "Participating Municipality" means a municipality participating in the County impact fee system pursuant to an interlocal agreement with the County. 17. "Public Buildings" means those buildings and uses as defined in Sec. 9 .5-4 (P-18) of the Monroe County Land Development Regulations. 18 . "Residential Development" means and refers to a residence or residential use as that term is defined in Sec. 9 .5-4 (R-7) of the Monroe County Land Development 4 Regulations; dwelling units as that term is defined in Sec. 9 .5-4 (D-30) of the Monroe County Land Development Regulations; campground spaces as defined in Sec. 9 .5-4 (C-2) of the Monroe County Land Development Regulations; mobile homes as defined in Sec. 9 .5-4 (M-13) of the Monroe County Land Development Regulations, institutional residential use as defined in Sec. 9 .5-4 (I-5) of the Monroe County Land Development Regulations, except hospitals, live aboard vessels as defined in Sec. 9 .5-4 (L-6) of the Monroe County Land Development Regulations; employee housing as defined in Sec. 9 .5-4 (E-1) of the Monroe County Land Development Regulations; permanent residential unit as that term is defined in Sec. 9 .5-4 (P-4) of the Monroe County Land Development Regulations; and affordable housing as that term is defined in Sec. 9 .5-4 (A-5) of the Monroe County Land Development Regulations. 19 . "Shopping Center" means and refers to commercial retail and professional services developments as defined in Sec. 9 .5-4 (S-6) of the Monroe County Land Development Regulations. 20 . "Transient Residential Development" means and refers to the development of transient residential units as that term is defined in Sec. 9 .5-4 (T-3) . Section 9 .5-490 .2 General Provisions; Applicability. (A) Term. Article X 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 Director of Planning 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 Ordinance 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 5 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; (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; (g) other data, analysis or recommendations as the Director of Planning may deem appropriate, or as may be requested by the Board. (3) Submission of Impact Fee Annual Report. The Director of Planning shall submit the Impact Fee Annual Report to the Planning Commission 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) Planning Commission Action. The Planning Commission 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 Board and Board actions to repeal, amend or modify Article X and/or fee schedules; provided, however, that 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 Article X 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 Board or limits its discretion to amend Article X or the resolutions imposing specific impact fee schedules at such other times as may be deemed necessary. (E) Affected Area. 6 (1) Impact Fee District. Impact fees shall be imposed on impact-producing development within the Monroe County Impact Fee District, comprised of the entire area of Monroe County, Florida 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 Monroe County north of Fiesta Key, excluding the City of Layton. (b) Middle Keys Impact Fee Subdistrict - - the area of Monroe County and including Fiesta Key south to Seven Mile Bridge (MM 40) . (c) Lower Keys Impact Fee Subdistrict - - the area of Monroe 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 which provides that the impact fees collected be transferred to the County for expenditure in accordance with the terms of Article X. (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 Appendix "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/Chairman of the Board of County Commissioners and shall bear the seal of the County, and the date of adoption of this Ordinance. (4) Change in Boundaries of Impact Fee Districts . The Board may amend the boundaries of the Impact Fee Districts pursuant to Sec. 9 .5-490 .2 (D) at such times as may be deemed necessary to carry out the purposes and intent of Article X 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; provided, however, that following the Annual 7 Review, the Board shall cause the Map to be changed to reflect the new impact fee district boundaries. (F) Type of Development Affected. Article X shall apply to all impact-producing residential and non-residential development for which a building permit is required by the Monroe County Land Development Regulations and which building permit has not been issued prior to the effective date of adoption of Section 9 .5-490, except as provided in Sec. 9 .5-490 .2 (H) and (I) below. (G) Effect on Development with Building Permits. Impact-producing residential and non-residential development for which a building permit has been issued prior to the effective date of adoption of Section 9 .5-490, 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 9 .5-491 through 9 .5-496 of the Monroe County Land Development Regulations; provided, however, that within two (2) years of the effective date of adoption of Section 9 .5-490, the Applicant, at his option, may elect to come within the confines of Section 9 .5-490 of the Monroe County Land Development Regulations and the resolutions implementing the impact fees authorized pursuant to that section. If the Applicant elects the Section 9 .5-490 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 Unit. Redevelopment or rehabilitation which replaces but which does not increase the number of legally permitted residential dwelling units above that existing on the site prior to redevelopment or rehabilitation. (2) Replacement Nonresidential Development. 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. 8 (3) Public capital improvements (as defined by Sec. 9 .5-4 (C-5) of the Monroe County Land Development Regulations) . (4) Public buildings (as defined by Sec. 9 .5-4 (P-18) of the Monroe County Land Development Regulations) 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 which is not impact-producing. (6) Affordable or employee housing units (as defined by Sec. 9 .5-4 (A-5) and (E-1) of the Monroe County Land Development Regulations) for which a deferred payment of impact fees has been recorded on the chain of title. (I) Minimum Fee Requirements. Upon receipt of an Application, the Director of Planning 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 non-residential developments upon a finding that (a) the impact produced by the proposed use is de minimis, (b) that the proposed use is not included in the applicable impact fee schedule nor is it similar to any listed use, and (c) that 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 above will be met with respect to the proposed use. (J) 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 the Monroe County Land Development Regulations. The requirement for a determination of concurrency is a separate, independent and additional requirement imposed by the Monroe County Land Development Regulations . (2) The payment of impact fees shall not entitle the . applicant to a Residential Dwelling Unit Allocation Award pursuant to Secs . 9 .5-120 through 9 .5-124 of 9 • the Monroe County Land Development Regulations. The requirement for a residential dwelling unit allocation award is a separate, independent and additional requirement imposed by the Monroe County Land Development Regulations. (3) Neither Article X 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 the Monroe County Land Development Regulations, all of which shall be operative and remain in full force and effect without limitation. Section 9 .5-490 .3 Procedures for Imposition, Calcula- tion and Collection of Impact Fees . (A) Imposition. After the effective date of Section 9 .5-490, no building permit shall be issued by the County for impact-producing residential or non-residential development unless the applicant has paid the applicable impact fees in accordance with these procedures and requirements. (B) Calculation. (1) Upon receipt of an application for a building permit, the Director of Planning shall determine whether the proposed project is impact-producing and, if so, (a) whether it is residential or non-residential, (b) the specific category of residential or non-residential development, (c) if residential, the number of dwelling units, (d) if non-residential, 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 Director of Planning 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 Director of Planning shall (a) 10 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 above are 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 Director of Planning or if requested by the Director of Planning. Any Individual Impact Analysis shall conform to the requirements of the applicable impact fee resolution and Section 9 .5-490 .3 (E) . (5) An applicant may request a non-binding 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 . (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 11 • capital improvement provided is determined by the Director of Planning to be a reasonable substitute for the cost of improvements which 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 Director of Planning 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; provided, however, that in no event shall a credit be granted in an amount exceeding the impact fee due. (3) Credits 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 Director of Planning 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; or (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 Director of Planning, has been posted with the County. (E) Individual Impact Analysis. 12 r �r (1) The applicant may request, and the Director of Planning 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 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 Sec. 9 .5-490 .3 (B) (1) ; (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 which may be required by a specific impact fee resolution; (e) any additional information, data or analysis deemed necessary by the Director of Planning. (3) If authorized or required by the Director of Planning, 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 Director of Planning. (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 Director 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 Director of Planning. (5) Within thirty (30) days of the receipt of an Individual Impact Analysis, the Director of Planning 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 13 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 Director of Planning, or (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 Director of Planning shall be set forth in writing and shall be provided to the applicant. Section 9 .5-490 .4 Establishment of Impact Fee Accounts; Appropriation of Impact Fee Funds; and 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 Ordinance. The County shall establish and implement necessary accounting controls to ensure that the impact fee funds are properly deposited and appropriated in accordance with Article X and other applicable legal requirements. (B) Appropriation of Impact Fee Funds . (1) In General. 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 14 improvement necessitated by or serving the proposed development as provided herein; and (c) within six (6) years of the beginning of the Fiscal Year immediately succeeding the date of collection, unless such time period is extended as provided herein. 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 (6) Years of Collection. Notwithstanding Sec. 9 .5-490 .4 (D) , impact fee funds may be appropriated beyond six (6) 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 (6) 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 Sec. 9 .5-490 .2 (B) and such other information as may be relevant. (2) The recommendations shall be consistent with the provisions of Article X, 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 15 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 above, 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. (1) Abandonment of Development After Issuance of Building Permit. An applicant who has paid an impact fee for a proposed development for which the applicable building permit has expired pursuant to Sec. 9 .5-115 of the Monroe County Land Development Regulations or has been revoked pursuant to Sec. 9 .5-116 of the Monroe County Land Development Regulations shall be eligible to apply for a refund of impact fees paid. (2) Abandonment of Development After Initiation of Construction. 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) Failure of County to Appropriate Impact Fee Funds Within Time Limit. 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 Sec. 9 .5-490 .4 (B) (2) and (4) . (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 abandonment of a development shall be made on forms provided by the County and shall be made within sixty (60) days 16 following 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 sixty (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 Director of Planning, within sixty (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 sixty (60) days following an affirmative determination by the Director of Planning. 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 Sec. 9 .5-490 .4 (B) (2) and (4) shall be made on forms provided by the County and shall be made within one (1) year following the expiration of such time limit. 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 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 Director of Planning 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 sixty (60) days. Refunds by direct payment shall be made within sixty (60) days following an affirmative determination by the Director of Planning. Refunds shall include a pro rata share of interest earned by the applicable impact fee account calculated at 17 • 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. Section 9 .5-490 .5 Appeals. (A) An appeal from any decision of the Director of Planning pursuant to Article X shall be made to the Planning Commission in accordance with Sec. 9 . 5-521 of the Monroe County Land Development Regulations; provided, however, that notwithstanding Sec. 9 .5-521 (d) of the Monroe County Land Development Regulations, 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 calculated by the Director of Planning 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 Director of Planning 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 Director of Planning is erroneous . Conflict. To the extent of any conflict between other County Ordinances or regulations and this Ordinance, the more restrictive is deemed to be controlling. This Ordinance is not intended to amend or repeal any existing County Ordinance or regulation. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. 18 Effective Date This Ordinance shall take effect after it has been approved by the State land planning agency pursuant to F.S. Chapter 380 and upon acknowledgement of its receipt for filing, in the Office of the Secretary of the State of the State of Florida, has been received. The Clerk is hereby directed to send a certified copy of this Ordinance to the Florida Department of Community Affairs. The Clerk is hereby directed to send a certified copy of this Ordinance to the Secretary of the State of the State of Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of October, A.D. , 1992 . Mayor Harvey Yes Mayor Pro Tem London Yes Commissioner Cheal —es Commissioner Jones Auld Commissioner Stormont Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: • MAYOR/CHAIRMAN (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Al/ By: // DEP4TY CLER .QPPP,Oy 70FAND LEV1C 47T °Y�Office 19 APPENDIX A. IMPACT FEE DISTRICT AND SUBICTS PALO ALTO KEY b RD • SOUCAND • BARNES • • , k ,�' �D ` SOUND S . an O • 4 r�j UNDTER r 1.6 „coo r 0 �f •� �• ' KEY LARGO p o Do O O d ii• ea Jr .g /i f •4.. • TAVERNIE�- p 'o • VjINDLEY j"" M KEY e .0— PLANTATION o KEY UPPER KEYS CRAIG r�ER • KEY MATECUMBE SUBDISTRICT LOWER MATECUMBE FIESTA KEY f LONG KEY t/ )4 DucK KEY .,1.,.."KEY PIGEON MARATHON41111101114r-FAT DEER « KEY ,. --�y YACAKEY BOOT KEY MIDDLE KEYS SUBDISTRICT a :t. ar •� • 9 ;� 4 • • TORCH' �' �• LITTLE //••� Q MIDD G FINE DUCK J ,,..�. •jJ' • b 1,....v, TORCH �ti . • • ir'�! r �NO NAME KEY ky.% ��i, [ • • ./j�OHIO 'C V •.. `� ` *11 BAMIA KEY •• �• \� T ' ^C AM 2 - HONDA iVE RAMROD 4 • . ' CUDJOE BUMMERLAND •EIG COPPRT' Z•, • f UGARLOAF ti " "-: r •� ,� CPBADDILLE,BBUNCH K 'BOGMICA LOWER KEYS KEY WEST SUBDISTRICT Date of Adoption Mayor/Chairman of ct�... 11111 D WE FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 2002, The Capitol, Tallahassee, Florida 32399-0250 (904) 488-8427 November 19, 1992 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr . Kolhage: Pursuant to the provisions of Section 125 .66, Florida Statutes, this will acknowledge your letters of November 17 , 1992 and certified copies of Monroe County Ordinance Numbers '9 -30, 92-31 , 92-32 , m3 and 92-34, which were received and filed in this office on November 19, 1992. f . Sinc rely, Liz Clou , Chief Bureau of Administrative Code LC/mb -71 rr1 - J n _D CD N u-: -OCD -''- • o f rt �. ... • • • r -- -- - -- - -- - --- - - ' SENDER: • ;12 • Complete items 1 and/or 2 for additional services. • I also Wish to receive the y • Complete items 3,and 4a&b. following services (for an extra V y • Print your name and address on the reverse of this form so that we can fee): '7 8 return this card to you. > • Attach this form to the front of the mailpiece,or on the back if space . 1. ❑ Addressee's Address VI d.• 0 ® does not permit. O.0. • Write"Return Receipt Requested"on the mailpiece below the article number. N 1 s 2. ❑ Restricted Delivery >2 (p�'( •. • The Return Receipt will show to whom the article was delivered and the date •V o m 0 (f I c delivered. ; Consult postmaster for fee. a` c ' o 3. Article Addressed to: 4a. Article Number cc m - as E / +��/ — 4b. Service Type a 'o c o • ❑ Registered ❑ Insured v o �-_, "",�,a Q, N �� . X Certified ❑ COD L7 . . 3 I`� .S `° cl, • mw � g ') w A ❑'Express Mail El Return Receipt for n- - u, ° ° ���� 0 � // N44O..4 SALL • '. Merchandise • a c c o D m i 3— 1`� •it O �/4 i •�• •� 7. Date of Delivery qq a� o o o ,� z L o ° ° PQ Q n30/ Nllv:19 9.9 () zoo N aaai m lit m rn h 4, cc 5. :::::::: ::: ; s 8. Addressee's Address(Only if requested 11 . m ° o U ¢-c a! Yand fee is paid) cC 6. y r ° I =2 m 12 in del- 2 v co 2 0 o0 ca a O ,, i i . l• i i ,' ; H i (, , I „ - 0661- aunr`oo8E wJoJ Sd y PS Form 3811, recember"991 fir'u.S.G.P.O.:1992-3o�-sso MESTIG RETURN RECEIPT '