§ 23-144. Alternative school impact fee calculation.

(a)

In the event an applicant believes that the impact to the school system necessitated by residential construction is less than established in the "Orange County Public Schools School Impact Fee Study Update Final Report" dated February 5, 2016, such applicant may, prior to issuance of a building permit for such residential construction, submit a calculation of an alternative school impact fee. Consistent with the Florida case law requirements for a valid school impact fee and the mandate for the provision of a uniform system of free public schools in Article IX, section 1, Florida Constitution, any determination of a lesser impact to the school system created by residential construction under the alternative school impact fee calculation process provided in this subsection shall not be based on the projected or current use of the residential project but shall be based on a consideration that the permanent physical characteristics or limitations of the specific residential development proposed will generate fewer students initially and during their useful life than the student generation assumptions utilized in the impact fee study.

(b)

The alternative school impact fee calculations shall be calculated for that land use type analyzed within Orange County and shall be based on data, information or assumptions contained in this article and impact fee study, or an independent source, provided that:

(1)

The independent source is a generally accepted standard source of demographic and education planning; or

(2)

The independent source is a local study supported by a database adequate for the conclusion contained in such study and performed pursuant to a generally accepted methodology of education planning.

(3)

If a previous residential construction project has submitted a local study consistent with the criteria required herein, and if, after consultation with the superintendent and the city or cities wherein the residential construction is located such study is determined by the county to be current, the impact upon the school system as described in such prior local study shall be presumed to exist for other similar residential construction. In such circumstances, the alternative school impact fee shall be established to reflect the impact upon the school system 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.

(c)

The proposed alternative school impact fee shall be submitted to the county which, after consultation with the superintendent and any applicable municipality, shall review the calculations and mail a written determination to the applicant within sixty (60) calendar days of submittal as to whether such calculation complies with the requirements of this section.

(d)

If the county, after consultation with the superintendent and any applicable municipality, determines that the data, information and assumptions utilized by the applicant to calculate the alternative school impact fee comply with the requirements of this section and that the calculation of the alternative school impact fee is by a generally accepted methodology, then the applicant may propose to enter into an alternative impact fee agreement with the county designed to establish an alternative school impact fee appropriate to the circumstances of the specific proposed development in lieu of the fee set forth in section 23-141, Orange County Code.

(e)

If the county, after consultation with the superintendent and any applicable municipality, determines that the data, information and assumptions utilized by the applicant to calculate the alternative school impact fee do not comply with the requirements of this section, or that the calculation of the alternative school impact fee was not made by a generally accepted methodology, then the alternative school impact fee shall be rejected. Such rejection shall be in writing and set forth the reasons for such rejection, and shall be provided to the applicant by certified mail. The applicant shall have thirty (30) calendar days from the mailing date of the written notification of rejection to request an appeal of the rejection pursuant to the provisions of this subsection.

(f)

An applicant may appeal a determination of rejection by filing a written request for appeal, along with payment of a nonrefundable processing fee with the county's development review committee (DRC) within thirty (30) calendar days from the mailing date of the written notice of rejection. If the request for appeal is not filed with DRC within the thirty-day period, the applicant waives all rights to appeal the determination to the board. The DRC will consider the appeal at a regularly scheduled DRC meeting within thirty (30) days from the time the applicant files the appeal and pays the processing fee. If the DRC upholds the rejection, the applicant may appeal the rejection to the board within thirty (30) days of the DRC's decision by filing a written request with the DRC. The DRC shall advise the applicant in writing of the date and time of the hearing before the board of county commissioners. If the DRC determines that the data, information and assumptions utilized by the applicant to calculate the alternative school impact fee complied with the requirements of the section, then the DRC shall refer the applicant to the appropriate county staff to schedule the applicant's proposed alternative school impact fee agreement for consideration by the board.

(g)

Any applicant or owner who submits a proposed alternative school impact fee pursuant to this section and desires the immediate issuance of a building permit shall pay, prior to the issuance of the building permit, the applicable school impact fee pursuant to section 23-141, Orange County Code. Such payment shall be paid to the county or any applicable municipality 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 or applicable municipality, shall be refunded to the applicant or owner by the governmental entity holding the funds. The county, any applicable municipality, or school board shall not pay interest on the funds paid under protest and subsequently refunded unless interest has been earned on such funds.

(Ord. No. 92-28, § 2.04, 9-22-92; Ord. No. 2005-03 , § 2, 3-8-05; Ord. No. 2007-12 , §§ 1, 2, 10-23-07; Ord. No. 2011-05 , § 2, 6-7-11; Ord. No. 2016-08 , § 2, 5-10-16)