§ 126-10. Fair Share Library Impact Fee.

(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)(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 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 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 BOCC.

(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:

1.

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.

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 Planning Director.

d.

Within 20 working days of receipt of a library facilities impact analysis, the Planning 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 Director shall take no further action on the library facilities impact analysis.

e.

When the Planning 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 Planning 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 Planning Director's decision on any library facilities analysis he submits by filing a petition with the BOCC within 30 days of a decision by the county Planning Director. In reviewing the county Planning Director's decision, the BOCC 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 Planning 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.

(2)

The determination of the credit shall be undertaken through the submission of a proposed credit agreement to the Planning 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 Planning Director shall determine if the proposal is complete. If it is determined that the proposed credit agreement is not complete, the Planning Director shall send a written statement to the applicant outlining the deficiencies. The county Planning Director shall take no further action on the proposed credit agreement until all deficiencies have been corrected or otherwise settled.

(5)

Once the Planning 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 Director 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 Planning 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 Planning Director's decision on any credit agreement he submits by filing a petition with the BOCC within 30 days of a decision by the Planning Director. In reviewing the Planning Director's decision, the BOCC shall use the standards established in subsection (c) of this section.

(e)

Review of the fee schedule. Prior to the adoption of the annual budget, the BOCC shall receive a report from the county Planning Director 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.

c.

Each year, at the time the annual county budget is reviewed, the Planning Director 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 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 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 Director shall take no further action on the refund application.

e.

When the Planning 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 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 county Planning Director'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;

(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 Planning 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.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)