Ordinance No. 1481-24 Impact Fees

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OR BK 11052 PG 237 Page 13 of 16 (8) Surveying, soils and materials testing and removal of hazardous and solid waste materials; (9) Acquisition of capital equipment for public safety services; (10) Purchase of land for additional public safety service buildings and support facilities needed to accommodate new growth; and (11) Purchase of vehicles or other capital equipment for public safety services. (E) To reiterate from its definition, Eligible Improvements do not include site -related transportation improvements or the operation, maintenance, repair, or replacement of existing improvements. However, the definition also provides that replacement of an existing improvement or facility with a new improvement or facility of greater capacity shall be partially eligible based on the increase in capacity. This means that impact fee funds shall not be used for acquisition of new vehicles or equipment that simply replace existing vehicles or equipment, but instead increase the fleet of vehicles or stock of equipment currently in active use. An increase in capacity of replacement facilities or capital equipment can be quantified in different ways, such as the increase in square footage of a replacement police station, the increase in surface area of a replacement swimming pool, or the increase in cost of a replacement communication device with enhanced capabilities over the cost to replace the existing device. § 155.16 REFUNDS BY THE CITY. (A) Upon request, the impact fees collected pursuant to this chapter shall be returned to the present owner if the fees have not been spent or encumbered within eight (8) years from the date they were collected. Refunds shall be made in accordance with the following procedure: (1) The present owner of the property for which an impact fee was paid must petition the City Council for the refund within one year following the end of the eighth year from the date on which the fee was paid. (2) The petition must be submitted to the City Manager and must contain: (a) A notarized sworn statement that the petitioner is the current owner of the property; (b) The original dated receipt issued for payment of the fee or other evidence of payment acceptable to the City Manager. (c) A certified copy of the latest recorded deed; and (d) A copy of the most recent ad valorem tax bill. (3) Within 90 days from the date of receipt of a petition for refund, the City Manager will advise the petitioner and the City Council of the status of the fee requested for refund. For the purposes of this section, fees collected shall be deemed to be spent on the basis of the first fee in shall be the first fee out. In other words, the first money placed in a special revenue fund shall be the first money taken out of that account when withdrawals have been made. (4) When the money requested for refund is still in a special revenue fund and has not been expended by the end of eight years from the date the fees were paid, pursuant to this section, the unexpended fees shall be refunded with interest at a rate equal to the eight year average annual rate earned by the city in the Local Government Surplus Funds Trust Fund administered by the Florida State Board of Administration. Interest on the unexpended amount remaining in the special revenue fund shall be calculated from the date the fees were collected to the end of the eight year period. (B) The fees collected pursuant to this chapter shall be returned to the present owner if the permitted development activity is canceled due to non -commencement of construction before Page 13 of 16 30996332v1