§ 126-11. Fair Share Solid Waste Impact Fee.

(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.

(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 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 Planning Director shall determine if it is complete. If the county 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 county Planning Director shall take no further action on the individual assessment.

(4)

When the county Planning Director 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 Planning Director 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 Planning Director's decision on an individual assessment 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 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.  

(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 BOCC 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 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;

(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 Planning 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.

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