§ 23-145. Presumptions, agreements and security requirements.

(a)

Presumption of impacts. The proposed development shall be presumed to generate the maximum number of students by the most intensive residential use permitted under the applicable land-development regulations such as the comprehensive plan or zoning ordinances or under applicable deed or plat restrictions.

(b)

Alternative school impact fee agreement.

(1)

In lieu of the payment of school impact fees as set forth in section 23-141, Orange County Code, any applicant may propose to enter into an agreement with the county designed to establish just and equitable fees appropriate to the permanent physical characteristics or limitations of the specific residential development proposed. Such an agreement may include, but shall not be limited to, provisions that:

a.

Modify the presumption of maximum impact set forth in subsection (a) and provide an alternative school impact fee calculation as provided for in section 23-144, Orange County Code, provided that the agreement shall establish legally enforceable means for ensuring that the number of school-age children residing in the development will not exceed the number as determined by the alternative school impact fee calculation; or

b.

Provide for the conveyance of land for and/or the construction of specific school facilities in lieu of payment of or with credit against the school impact fees assessible to the development; or

c.

Establish a schedule and method for payment of the school impact fees in a manner appropriate to the particular circumstances of the proposed development in lieu of the requirements for payment of the school impact fees as set forth in section 23-141, Orange County Code, provided that security is posted ensuring payment of the fees in a form acceptable to the county and the school board; and

d.

Provide that the school board is a third party beneficiary to the alternative school impact fee agreement, or, where appropriate, the school board may be a party to the agreement.

(2)

Any agreement proposed by an applicant pursuant to this subsection must be presented to and approved by the board prior to the issuance of a building permit. Any such agreement may provide for execution by mortgagees, lienholders, or contract purchasers in addition to the landowner, and may permit any party to record such agreement in the public records of the county. The board may approve such an agreement only if it finds that the agreement will be consistent with the Florida law requirements for a valid school impact fee and the Florida constitutional mandate for the provision of a uniform system of free public schools.

(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)