§ 23-29. Impact fees, with annual indexing; comparable uses; alternative impact fee calculation; periodic updates; time of payment.

(a)

Impact fees. The following impact fees, with annual indexing at one and six-tenths (1.6) percent, are imposed upon all new development in the unincorporated areas of the county:

Law Enforcement Impact Fee Schedule

Development Type Land Use	Impact Fee Per Development Unit
	Year 1: May 1, 2018— April 30, 2019 (1)	Year 2: May 1, 2019— April 30, 2020 (2)	Year 3: May 1, 2020— April 30, 2021 (3)	Year 4: May 1, 2021— April 30, 2022 (4)	Year 5: May 1, 2022— April 30, 2023+ (5)
Single-family detached (per dwelling unit)	$478.00	$486.00	$494.00	$502.00	$510.00
Multifamily (per dwelling unit)	$185.00	$188.00	$191.00	$194.00	$197.00
Mobile home (per dwelling unit)	$334.00	$339.00	$344.00	$350.00	$356.00
Hotel/motel (per room)	$378.00	$384.00	$390.00	$396.00	$402.00
Manufacturing (per 1,000 gross sq. ft.)	$140.00	$142.00	$144.00	$146.00	$148.00
Warehousing (per 1,000 gross sq. ft.)	$78.00	$79.00	$80.00	$81.00	$82.00
Commercial/retail (per 1,000 gross sq. ft.)	$750.00	$762.00	$774.00	$786.00	$799.00
Office/institutional (per 1,000 gross sq. ft.)	$253.00	$257.00	$261.00	$265.00	$269.00
Private school (per 1,000 gross sq. ft.)	$88.00	$89.00	$90.00	$91.00	$92.00
Public school	Exempt under state law
Annual Index (6)	1.6%	1.6%	1.6%	1.6%

 

(1) Source: Table 8 of impact fee study.

(2) Year 1 figures multiplied by (1+0.016), annual index.

(3) Year 2 figures multiplied by (1+0.016), annual index.

(4) Year 3 figures multiplied by (1+0.016), annual index.

(5) Year 4 figures multiplied by (1+0.016), annual index. In the event the impact fee schedule is not updated by April 30, 2023, the impact fees shall continue at the Year 5 rates until the impact fee schedule is updated.

(6) Source: Table 14 of impact fee study.

(b)

Comparable uses. In the event the land use for which the building permit is sought is not specified in the impact fee schedule, the impact fee assessed shall be the fee applicable to the most nearly comparable type of land use on the fee schedule. The impact fee applicable for the most nearly comparable type of land use may be adjusted to a fee that accurately reflects the impacts of such development on the Orange County Sheriff's Office. The director of the community, environmental and development services department shall make the determination of the comparable land use and any appropriate adjustment.

(c)

Alternative impact fee calculation.

(1)

In the event an applicant believes that the cost of law enforcement facilities to serve its proposed development is less than the fee established in subsection (a), the applicant may, at its sole expense, submit an alternative fee calculation to the county pursuant to the provisions of this subsection. Such an alternative fee calculation shall be submitted prior to issuance of any building permit and must be approved by the board of county commissioners prior to issuance of any certificate of occupancy, temporary or permanent.

If the data, information, and assumptions used by the applicant to calculate the alternative impact fee satisfy the requirements of this subsection, the alternative impact fee shall be deemed the impact fee due and owing for the proposed development. The proposed development shall be presumed to generate the most intensive use permitted under the applicable land development regulations such as the comprehensive plan or zoning regulations or under applicable deed or plat restrictions.

(2)

The alternative impact fee calculations shall be limited to the demand component of the impact fee equation and shall be based on data, information, or assumptions contained in this article or independent sources, provided that the independent source is a county-accepted source and the independent source is a local study carried out pursuant to an accepted methodology.

(3)

If a previous project has submitted a local study consistent with the criteria required herein, and if such study is determined by the county to be current, the impact upon the law enforcement facilities as described in such prior local study shall be presumed to exist for other similar projects. In such circumstances, the alternative impact fee shall be established to reflect the impact upon the law enforcement facilities as described in the prior local study. There shall be a rebuttable presumption that an alternative impact fee study conducted more than three (3) years earlier is invalid.

(4)

The provisions of this subsection shall be implemented and administered in accordance with the procedures set forth in Orange County Administrative Regulations Nos. 4.01 and 4.02, as may be amended from time to time.

(5)

Any agreement proposed by an applicant pursuant to this subsection must be presented to and approved by the board of county commissioners prior to the issuance of any certificate of occupancy, temporary or permanent. Any such agreement may provide for execution by mortgagees, lien holders, or contract purchasers, in addition to the landowner, and may permit any party to record such agreement in the official records of the county. The board of county commissioners shall approve such an agreement only if it finds that the agreement will apportion the burden of expenditure for new facilities in a just and equitable manner, consistent with the principles set forth in Contractors & Builders Association v. City of Dunedin , 329 So. 2d 314 (Fla. 1976), Hollywood Inc. v. Broward County , 432 So. 2d 606 (Fla. 4th DCA 1983, cert. denied, 440 So. 2d 352 (Fla. 1983); and Home Builders and Contractors Association of Palm Beach County, Inc. v. Board of County Commissioners of Palm Beach County, 446 So. 2d 140 (Fla. 4th DCA 1984), cert. denied, 451 So. 2d 848 (Fla. 1984).

(6)

Any applicant or owner who submits a proposed alternative impact fee pursuant to this subsection and desires the immediate issuance of a building permit shall pay, prior to the issuance of the building permit, the applicable impact fee pursuant to subsection (a). Such payment shall be paid to the county and shall be noted in writing as "paid under protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the county, shall be refunded to the applicant or owner. The county shall not pay interest on the funds paid under protest and subsequently refunded unless interest has been earned on such funds.

(d)

Periodic updates. This article shall be reviewed by the board of county commissioners at least every five (5) years. The review shall consider changes in all of the inputs to the methodology used in the impact fee study to calculate the fees, as well as potential improvements to the methodology itself. The purpose of this review is to ensure the fee charged new development will not exceed its pro rata share for the reasonably anticipated expansion costs of capital facilities and equipment for law enforcement services necessitated solely by its presence.

(e)

Time of payment.

(1)

Except as otherwise permitted by subsection (e)(2) or mandated by state law, law enforcement impact fees imposed on new development shall be paid as a condition to the issuance of a building permit. In the case of a single family home or duplex, the applicant may elect to pay the applicable impact fee no later than immediately prior to the issuance of the certificate of occupancy. In the case of a mobile home, the fee shall be paid at the issuance of a tie-down permit or at the election of the applicant no later than immediately prior to the issuance of the certificate of occupancy.

(2)

For the following types of projects, the law enforcement impact fee may be paid prior to the authorization of pre-power or issuance of a certificate of occupancy (temporary or otherwise), but no pre-power or certificate of occupancy shall be authorized or issued until the impact fee has been paid as provided by subsection (e)(3):

a.

A certified multifamily affordable housing project, provided an agreement setting forth the terms and conditions of the discount and deferral of the impact fee has been executed; and

b.

A new commercial project (a project without single-family homes or duplexes) with a building permit valuation of at least one million dollars ($1,000,000.00), provided an impact fee deferral form has been executed and the service charge required under subsection (e)(4) has been paid.

(3)

For any such eligible project where payment of the applicable impact fee is deferred, the impact fee for the entire project shall be paid not later than when pre-power is authorized for the first building or the first certificate of occupancy, temporary or permanent, is issued for the project.

(4)

a.

If the law enforcement impact fee is deferred at the time of issuance of the building permit as authorized by subsection (e)(2) for an eligible commercial project, a service charge shall be assessed and a notice of nonpayment setting forth the legal description of the property and the amount of the impact fee liability shall be executed by the county. The county shall serve this notice upon the owner by certified mail and place a lien against such property for the amount of the impact fee, and all interest, penalties, and the costs and fees for collection, coequal with the lien of all state, county, district and municipal taxes.

b.

Upon payment of the impact fee and any associated costs and fees, the county shall promptly record the notice of payment in the official records of the county, thereby releasing the lien.

(5)

In the event the law enforcement impact fee is not paid prior to the authorization of pre-power or issuance of the first certificate of occupancy (temporary or permanent) under subsection (e)(2) above, the county shall make demand for payment of the fee. If the fee is not paid within fourteen (14) days after the county makes demand:

a.

The county may collect the law enforcement impact fee, interest from the date payment was due at the rate fixed by state statute for judgments, the costs of such collection, and reasonable attorney's fees; and

b.

For an eligible housing project, the building owner and/or license holder who obtained the building permit may be prohibited from obtaining any other building permits within the county until the applicable law enforcement impact fee (including any costs and fees) has been paid.

(Ord. No. 2018-01 , § 1, 1-9-18)

Editor's note

Ord. No. 2018-01 , § 1, adopted Jan. 9, 2018, amended § 23-29 in its entirety to read as herein set out. Former § 23-29 pertained to imposition of fees; periodic updates; time of payment and derived from Code 1965, § 1-54.504; Ord. No. 86-11, § 4, adopted May 19, 1986; Ord. No. 87-43, § 1, adopted Dec. 14, 1987; Ord. No. 95-22, § 1, adopted July 25, 1995; Ord. No. 98-07, § 1, adopted Feb. 17, 1998; Ord. No. 98-21, § 2, adopted Sep. 22, 1998; Ord. No. 99-02, § 2, adopted Jan. 26, 1999; Ord. No. 2006-02 , § 1, adopted Feb. 7, 2006; Ord. No. 2009-32 , § 3, adopted Nov. 3, 2009; Ord. No. 2011-02 , § 3, adopted March 8, 2011; Ord. No. 2011-04 , § 2, adopted May 10, 2011; Ord. No. 2012-19 , § 1, adopted Oct. 30, 2012; and Ord. No. 2013-01 , § 4, adopted Jan. 15, 2013.