§ 126-4. General Provisions; Applicability.
(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 This chapter shall remain in effect unless and until repealed, amended or modified by the board in accordance with applicable state law and local ordinances and procedures.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 Planning 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;
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 Planning Director may deem appropriate, or as may be requested by the board.
(3)
The Planning Director 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)
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 BOCC 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 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.
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 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/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. Impact-producing residential and nonresidential development for which a building permit has been issued prior to the effective date of adoption of Section 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 Section 126-1, the applicant, at his option, may elect to come within the confines of Section 126-1 and the resolutions implementing the impact fees authorized pursuant to that section. If the applicant elects the Section 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 Section 101-1).
(4)
Public buildings (as defined in Section 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 Section 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 Planning 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
(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.
(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 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 Chapter 138, Articles 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.
( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)