§ 23-61. Presumptions; limitations; date of impact; appeal process; refunds.

(a)

Development presumed to have maximum impact permitted. The proposed development shall be presumed to have maximum impact on the necessary fire rescue services facilities and equipment as permitted under the most restrictive of the applicable land development regulations such as zoning regulations, the county land use plan, county facility master plan, applicable deed or plat restrictions, or the building permit application.

(b)

Limitations on expenditure of funds collected. The impact fees collected by the county pursuant to this article shall be kept as a separate fund from other revenue of the county. The use of such funds will be restricted to expenditures for capital improvements to benefit new development within unincorporated Orange County. Any funds on deposit not immediately necessary for expenditure shall be invested in interest-bearing accounts. All interest income derived from monies collected to date and in the future shall be deposited in the applicable trust account. In recognition of the centralized location of some fire rescue service functions, the inherent mobile nature of fire and rescue service activities and the periodic need to reassign personnel and equipment among battalion areas, the funds shall not be geographically segregated nor restricted for expenditure in any subarea of the county. The impact fee funds shall be collected and expended in a manner consistent with the principles set forth in Contractors and Builders Association v. City of Dunedin, 329 So. 2d 314 (Fla. 1976) and Hollywood Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th DCA 1983), cert. denied, 440 So. 2d 352 (Fla. 1983) and otherwise consistent with all requirements of the Constitution of the United States, the Constitution of the State of Florida and all applicable laws.

No fire rescue impact fees shall be expended on capital improvements pursuant to this article unless or until the board of county commissioners approves such expenditures by motion at a regularly scheduled public hearing. Such review shall occur only after the fire rescue department has submitted a request for purchase identifying the capital improvements to be purchased. Such request shall be submitted to the county office of management and budget, which shall review the request and confirm that it complies with the restrictions of this article.

(c)

Development impact calculated at time of issuance of building permit. The impact from the proposed development shall be calculated at the time of issuance of the building permit. If the applicant for a single-family or duplex home elects to pay the applicable impact fee after the issuance of the building permit, but no later than prior to the issuance of the initial certificate of occupancy, temporary or permanent, the impact fee due shall be calculated to be the fee due on the day of issuance of the building permit.

(d)

Appeal process.

(1)

If an applicant disagrees with the determination rendered by county staff, the applicant may appeal the determination to the county's impact fee committee, pursuant to Administrative Regulations 4.01 and 4.02, as may be amended, upon payment of a nonrefundable processing fee. If the applicant decides to appeal the determination, the applicant shall file a written notice of appeal with the impact fee committee coordinator not later than fifteen (15) days after the date that the staff written determination was rendered. If the notice of appeal is not filed within the fifteen-day period, the applicant waives the right to appeal the determination. Within fifteen (15) days after receipt of the written notice of appeal, a hearing date and time shall be assigned and notice given to the applicant.

(2)

In the event the applicant disagrees with the decision of the impact fee committee, the applicant may appeal the decision to the development review committee by filing a written notice of appeal with the chairperson of the development review committee and payment of a nonrefundable processing fee, within fifteen (15) days after the decision.

(3)

In the event the applicant disagrees with the decision of the development review committee, the applicant may appeal the decision to the board of county commissioners by filing a written notice of appeal with the chairperson of the development review committee and payment of a nonrefundable processing fee, within fifteen (15) days after the decision.

(4)

In the event an applicant disagrees with the decision of the board of county commissioners, the applicant may challenge such decision in the circuit court by filing a petition for writ of certiorari no later than thirty (30) days from the date the board of county commissioners' decision is rendered.

(5)

The county shall not pay interest on any funds paid under protest and subsequently refunded, unless the county has earned interest on such funds.

(e)

Refunds. Any impact fee refund must comply with the provisions of Orange County Administrative Regulation No. 4.04.01, as may be amended.

(Ord. No. 2018-02 , § 1, 1-9-18)

Editor's note

Ord. No. 2018-02 , § 1, adopted Jan. 9, 2018, amended § 23-61 in its entirety to read as herein set out. Former § 23-61 pertained to presumptions, limitations, agreements and security for review requirements and derived from Ord. No. 99-11, § 3, adopted May 4, 1999; Ord. No. 2006-01 , § 1, adopted Feb. 7, 2006; and Ord. No. 2012-18 , § 5, adopted Oct. 30, 2012.