§ 126-12. Fair Share Police Facilities 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 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 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 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 sheriff's 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. 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 Planning Director 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 Planning Director, 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 Planning Director shall determine if the proposal is complete. If it is determined that the proposed agreement is not complete, the county 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.

(4)

Once the county 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 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 Planning Director 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 Planning Director, 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 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 county Planning Director. In reviewing the county Planning Director'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 BOCC shall receive a report from the county Planning Director 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 sheriff's 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.

(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 sheriff's 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 Sheriff's Department 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 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.

c.

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.

d.

Within 20 working days of receipt of the refund application, 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 refund application.

e.

When the county 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 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 Planning Director's decision on a refund application by filing a petition with the BOCC within 30 working 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 (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 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)