BY COMMISSIONER ________________

BY COMMISSIONER _________________

ORDINANCE NO. ________

AN ACT TO BE ENTITLED AN ORDINANCE AMENDING THE PASCO COUNTY CODE OF ORDINANCES CHAPTER 78 ARTICLE II, AS AMENDED, AND THE PASCO COUNTY LAND DEVELOPMENT CODE, ORDINANCE 89-21, AS AMENDED, TO ADOPT PARKS AND RECREATION IMPACT FEES TO BE IMPOSED ON NEW RESIDENTIAL CONSTRUCTION AND ELIMINATE THE PUBLIC DEDICATION AND SERVICES FEE; PROVIDING A PURPOSE AND INTENT; PROVIDING DEFINITIONS; PROVIDING GENERAL PROVISIONS AND APPLICABILITY; PROVIDING PROCEDURES FOR IMPOSITION, CALCULATION AND COLLECTION OF PARKS AND RECREATION IMPACT FEES; PROVIDING FOR THE ESTABLISHMENT OF THE PARKS AND RECREATION IMPACT FEE FUND, APPROPRIATION OF IMPACT FEE FUNDS, AND REFUNDS; PROVIDING FOR CONFLICT; PROVIDING FOR ELIMINATION OF THE PUBLIC DEDICATION AND SERVICES FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE PASCO COUNTY CODE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION OF THE ORDINANCE AT PUBLIC HEARING.

______________________________________________________________________________

WHEREAS, the County is authorized to establish and impose Parks and Recreation Impact Fees on new Residential Construction to finance new Parks and Recreation Facilities necessitated by such new Residential Construction; and

WHEREAS, the County is experiencing rapid growth that leads to deficient and overcrowded Parks and Recreation Facilities; and

WHEREAS, new Residential Construction has generated the need for Parks and Recreation Impact Fees so that existing levels of parks and recreation services will continue to be provided and so that future deficiencies in Parks and Recreation Facilities will be prevented from occurring; and

WHEREAS, the County has studied the necessity for and implications of the adoption of Parks and Recreation Impact Fees; and

WHEREAS, the County has found and determined that Parks and Recreation Impact Fees are appropriate for funding Parks and Recreation Facilities; and

WHEREAS, the County has found and determined that most Parks and Recreation Impact Fees will have certain common characteristics and, therefore, the County will benefit from the adoption and use of a uniform procedure for the imposition, calculation, collection, expenditure and administration of the Parks and Recreation Impact Fees; and

WHEREAS, all moneys collected from Parks and Recreation Impact Fees will be deposited in the Parks and Recreation Impact Fee Fund which clearly identifies those monies as Parks and Recreation Impact Fees; and

WHEREAS,

the County has determined that the existing Public Dedication and Services Fee imposed on residential dwelling units will no longer be necessary following the adoption of the Parks and Recreation Impact Fees; and

WHEREAS, this Ordinance is consistent with the Pasco County Comprehensive Plan.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, that the Pasco County Code of Ordinances, as amended, is hereby amended to create the following Parks and Recreation Impact Fees procedures and implementation requirements.

ARTICLE I - GENERAL

1.01

Purpose and Intent.

The purpose and intent of this Ordinance is:

To establish uniform Parks and Recreation Impact Fees throughout the County and establish procedures for the imposition, calculation, collection, administration and expenditure of Parks and Recreation Impact Fees imposed on new Residential Construction; and

To facilitate the implementation of the goals, objectives and policies of the Pasco County Comprehensive Plan, specifically Objective 1.3 and Policy 1.3.1 of the Recreation and Open Space Element, relating to assuring that new Residential Construction contributes its fair share towards the costs of parks and recreation facilities necessitated by such new Residential Construction; and

To ensure that new Residential Construction is reasonably benefited by the provision of the public Parks and Recreation Facilities provided with the proceeds of Parks and Recreation Impact Fees; and

To ensure that all applicable legal standards and criteria are properly incorporated in these procedures.

1.02

Definitions.

The words or phrases used herein shall have the meaning prescribed in the current Pasco County Code of Ordinances or the Land Development Code except as otherwise indicated herein:

“Accessory Building or Structure” shall mean a detached, subordinate building, the use of which is clearly incidental and related to the use of the principal residential building or use of the land and which is located on the same lot as the principal residential Building or use.

“Administrator” means the County Administrator or his designee.

“Applicant” shall mean any person who files an application for a Building Permit, and/or a Certificate of Occupancy, and/or a mobile home tie-down permit and/or final inspection.

“Appropriation or to appropriate” shall mean an action by the County to identify specific Parks and Recreation Facilities for which the Parks and Recreation Impact Fee may be utilized pursuant to this Ordinance.

“Appeal” shall mean any appeal of a determination made by the Administrator as allowed by § 3.07 of this Ordinance.

“Board” shall mean the Board of County Commissioners of Pasco County, Florida.

“Building” shall mean any permanent structure designed or built for the support, enclosure, shelter or protection of persons, chattels or property of any kind.

“Building Permit” shall mean the official document or certificate issued by the County or the Cities under the authority of ordinance or law, authorizing the commencement of construction of any Building, or parts thereof, as new Residential Construction.

"Certificate of Occupancy" shall mean a document issued by the County, which permits the use of a building in accordance with the approved plans and specifications. It certifies compliance with the applicable provisions of the building code for the use and occupancy of the building, or portion thereof, together with any special stipulations or conditions of the building permit.

"City or Cities" shall mean the incorporated areas of Pasco County including Dade City, City of New Port Richey, City of Port Richey, City of San Antonio, Town of St. Leo and City of Zephyrhills.

“Comprehensive Plan” shall mean the Pasco County Comprehensive Plan inclusive of all its elements, goals, objectives, policies, maps and official amendments which have been adopted by the Board of County Commissioners pursuant to Chapter 163.3184, Florida Statutes, which may be further amended by the Board of County Commissioners from time to time.

“County” shall mean Pasco County, a political subdivision of the State of Florida.

“County Attorney” shall mean the Person appointed by the Board to serve as its counsel, or the designee of such person.

“Dwelling Unit” means a single unit providing complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

“Family” shall mean one (1) or more persons who live together in a Dwelling Unit and maintain a common household.

"Final Inspection" shall mean the last inspection performed by the County for structures or site improvements to assure that all improvements were completed in accordance with the applicable conditions of a permit for development.

“Land Development Code” shall mean the Pasco County Land Development Code, Ordinance No. 89-21, as amended, which is hereby incorporated by this reference.

“Mobile Home Dwelling Unit” or “Mobile Home” shall mean a structure, transportable in one or more sections, which is twelve or more feet in width and which is built on an integral chassis, and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.

“Multi-Family Dwelling Unit” shall mean a Building or a portion of a Building, regardless of ownership, containing more than one Dwelling Unit designed for occupancy by one family, where the units are attached and not licensed by the Florida Department of Business and Professional Regulation Division of Hotels and Restaurants as a hotel or motel. Multi-Family Dwelling Unit includes attached apartments and condominiums.

“Owner” shall mean the Person holding legal title to the real property upon which new Residential Construction is to be built.

"Park Land" shall mean the land owned or operated by the County required for the development or expansion of District Parks or Boat Access Parks as identified in the Parks and Recreation Impact Fee Study.

"Parks and Recreation Impact Fee" shall mean an impact fee which is imposed on new Residential Construction in connection with and as a condition of the issuance of a Certificate of Occupancy or final inspection and which is calculated to defray all or a portion of the costs of the Parks and Recreation Facilities required to accommodate the impact to the parks and recreation system of that new Residential Construction, and which fee is applied to Parks and Recreation Facilities which reasonably benefit the new Residential Construction. An “Impact Fee” means any impact fee established pursuant to § 2.01 of this Ordinance or an independent fee calculated and approved pursuant to § 3.03 of this Ordinance.

“Parks and Recreation Facilities” shall mean those facilities owned or operated by the County on Park Land which a need is created for by new Residential Construction. The Parks and Recreation Facilities include but are not limited to:

Boat Ramps

Aquatic Centers

Baseball/Softball Fields

Football Fields

Soccer Fields

Tennis Courts

Basketball Courts

Bike Trails

Nature/Hiking Trails

Maintenance Buildings

Picnic Pavilions

Picnic Shelters

Playgrounds

Recreation Centers

Skateboard Parks

Other Active and Passive Recreational Facilities on Park Land

“Parks and Recreation Impact Fee Fund” shall mean the separate special revenue fund created pursuant to § 4.01 of this Ordinance.

“Parks and Recreation Impact Fee Schedule” means the impact fee amounts due and payable pursuant to § 2.01.B, as may be amended from time to time.

“Parks and Recreation Impact Fee Study” shall mean the study by Wade-Trim, Inc. entitled "Pasco County Parks and Recreation Master Plan", dated April 2001 and as supplemented pursuant to § 1.07 of this Ordinance.

“Parks and Recreation System” shall mean the Park Land and Parks and Recreation Facilities owned or operated by the County which are used to provide active and passive recreational use.

“Person” shall mean a corporation, company, association, society, firm, partnership, a joint stock company, as well as an individual, state, all political subdivisions of state, or an agency or instrumentality thereof.

“Rational Nexus Test” shall mean the legal test established by the Florida Supreme Court, upon which all impact fee ordinances in Florida are based. This complex test of constitutionality, which has been explained in greater detail by various court opinions, requires, in summary, that in order to be constitutional, an impact fee ordinance must provide that:

the amount of impact fees charged bears a reasonable relationship to the cost of providing public facilities necessitated by new development; and

the impact fees collected are earmarked and spent to construct public facilities reasonably benefiting the new development paying the fee.

“Residential” or “Residential Use” means Multi-Family Dwelling Units, Mobile Homes or Single-Family Detached Houses as they are defined by this Ordinance.

“Residential Construction” shall mean the construction or establishment of a Residential Use that occurs after the effective date of this Ordinance.

“Single-Family Detached House” shall mean a detached Dwelling Unit and which is not considered to be a Mobile Home and also not considered to be a Multi-Family Dwelling Unit.

1.03

Rules of Construction.

For the purpose of the administration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of construction shall apply:

In case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration, summary table, or illustrative table, the text shall control.

The word “shall” is always mandatory and not discretionary and the word “may” is permissive.

Words used in the present tense shall include the future; and words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender.

The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” and “occupied for.”

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction “and,” “or” or “either . . .or,” the conjunction shall be interpreted as follows:

“And” indicates that all the connected terms, conditions, provisions or events shall apply.

“Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

“Either . . .or” indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

The word “includes” shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays.

The terms owner, developer, builder, or applicant shall be used interchangeably in reference to the Person responsible for abiding by the provisions of this Ordinance as this Ordinance applies in a given situation.

1.04

Findings.

It is hereby ascertained, determined and declared:

That the County has determined that capital improvements to the Parks and Recreation System are necessary in order to maintain current levels of service in order for new Residential Construction to be accommodated without decreasing the current levels of service.

That the County has determined that ad valorem tax revenue and other currently available revenues will not be sufficient to provide the capital improvements to the Parks and Recreation System that are necessary to accommodate growth resulting from new Residential Construction.

That Section 163.3177, Florida Statutes, requires the County to adopt a Comprehensive Plan containing a capital improvements element that considers the need and location of public facilities within its jurisdiction and the projected revenue source that will be utilized to fund these facilities.

That the implementation of a Parks and Recreation Impact Fee to require future growth to contribute its fair share of the cost of growth necessitated capital improvements to the Parks and Recreation System is necessary and reasonably related to the public health, safety, and welfare of the people of Pasco County.

That providing a Parks and Recreation System that is adequate for the needs of growth is in the general welfare of all residents of the County and constitutes a public purpose.

That the projected capital improvements to the Parks and Recreation System and the allocation of projected costs between those necessary to serve existing development and those required to accommodate the Parks and Recreation System needs of new Residential Construction are presented in the Parks and Recreation Impact Fee Study, and such study is hereby approved and adopted by the County.

That the County shall be divided into three (3) Parks and Recreation Impact Fee Districts (West, Central and East), as indicated on the map in Attachment A.

That Parks and Recreation Impact Fees paid pursuant to this Ordinance will be earmarked to a separate fund for each Parks and Recreation Impact Fee District and expended only in each Parks and Recreation Impact Fee District to acquire Park Land and develop capital Parks and Recreation Facilities needed to accommodate growth resulting from new Residential Construction in such District, except that funds for saltwater Boat Access Park Land or Boat Access Parks and Recreation Facilities may be expended from the Parks and Recreation Impact Fees collected in any of the Parks and Recreation Fee Districts.

That the establishment of a Parks and Recreation Impact Fee is consistent with and is necessary for implementing the Pasco County Comprehensive Plan Objective 1.3 and Policy 1.3.1 of the Recreation and Open Space Element and necessary to ensure coordination of new Residential Construction with the provision of the Parks and Recreation System.

That after a three (3) year period from the Effective Date of this Ordinance, this Ordinance may be subject to review pursuant to § 1.07 herein.

That the Board considered the short and long term public and private costs and benefits of the proposed Parks and Recreation Impact Fee Ordinance and the Parks and Recreation Impact Fee Study and has determined that sufficient information has been provided to enable the Board to act.

That the Board further finds that the provisions of this Ordinance are in compliance with the “Rational Nexus Test” established by the Florida Supreme Court, which is summarized in § 1.02.

1.05

Adoption of Impact Fee Study.

The Board hereby adopts and incorporates by reference the Parks and Recreation Impact Fee Study by Wade-Trim, Inc. entitled "Pasco County Parks and Recreation Master Plan," dated April 2001 and as supplemented pursuant to § 1.07 of this Ordinance.

1.06

Term.

This Ordinance shall remain in effect unless and until repealed, amended or modified by the Board in accordance with applicable State law and County ordinances and resolutions.

1.07

Review.

This Ordinance and the Parks and Recreation Impact Fee Study may be reviewed by the Board at least once every three (3) years. The purpose of this review is to demonstrate that the Parks and Recreation Impact Fee does not exceed reasonably anticipated costs associated with growth necessitated capital improvements. In the event the review of the Ordinance and Parks and Recreation Impact Fee Study required by this section alters or changes the assumptions, conclusions and findings of the Parks and Recreation Impact Fee Study accepted by reference in § 1.05, then such study shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and the Parks and Recreation Impact Fee shall be amended in accordance therewith.

The Administrator shall be assisted by the Impact Fee Advisory Committee as established by the Pasco County Board of County Commissioners pursuant to Resolution No. 88-245 or other advisory committee(s) in the review of the Parks and Recreation Impact Fee.

The initial and each subsequent review shall include all of the following to be compiled into a report:

Recommendations on amendments, if appropriate, to these procedures;

Proposed changes to the Pasco County Comprehensive Plan and/or an applicable Capital Improvements Program, including the identification of Parks and Recreation System projects anticipated to be funded wholly or partially with Parks and Recreation Impact Fees;

Proposed changes to the Parks and Recreation Impact Fee Schedule;

Proposed changes to level of service standards;

Proposed changes in the Parks and Recreation Impact Fee calculation methodology;

Other data, analysis or recommendations as the Administrator may deem appropriate, or as may be requested by the Board.

The Administrator shall submit the report to the Board, which shall receive the report and take such actions as it deems appropriate which may include, but is not limited to, requesting additional data or analyses and holding public workshops and/or public hearings.

The failure to prepare or to submit a report as provided herein shall not affect the effectiveness or the administration of this Ordinance.

ARTICLE II - APPLICABILITY

2.01

Imposition.

Except as provided hereafter and except to the extent exempted by general or special law, all new Residential Construction occurring within Pasco County shall be subject to the provisions of this Ordinance and the imposition of Parks and Recreation Impact Fees.

Upon this Ordinance becoming effective, all new Residential Construction occurring within the County shall pay the following Parks and Recreation Impact Fee according to the following Parks and Recreation Impact Fee Schedule:

Single-Family Detached House

Park Land:

$174.48 per Dwelling Unit

Parks and Recreation Facilities:

$717.34 per Dwelling Unit

Total:

$891.82 per Dwelling Unit

All Other Residential Construction

(Including Multi-Family/Mobile Homes)

Park Land:

$122.67 per Dwelling Unit

Parks and Recreation Facilities:

$504.33 per Dwelling Unit

Total:

$627.00 per Dwelling Unit

The Parks and Recreation Impact Fee shall be calculated at the time an application for a Building Permit is submitted. The Parks and Recreation Impact Fee shall be paid prior to the issuance of a Certificate of Occupancy. Where a Certificate of Occupancy is not required the Parks and Recreation Impact Fee shall be paid prior to final inspection. For Residential Construction for which a Building Permit has been issued or applied for prior to the effective date of this Ordinance the Parks and Recreation Impact Fee will be calculated and paid prior to the issuance of a Certificate of Occupancy, or prior to a Final Inspection where a Certificate of Occupancy is not required. Notwithstanding the foregoing, nothing in this Ordinance shall prevent the County from studying or adopting an alternate method of payment of the Parks and Recreation Impact Fee (e.g. payment over time through special assessments).

Exemptions. An exemption must be claimed by the Applicant or it shall be waived. Payment of the Parks and Recreation Impact Fee shall not apply to the following situations if the Applicant clearly demonstrates with competent substantial evidence to the Administrator one of the following:

New Residential Construction for which a Certificate of Occupancy has been issued prior to the effective date of this Ordinance.

Other Uses. No Parks and Recreation Impact Fee shall be imposed on a use, development, project, structure, building, fence, sign or other non-residential construction activity that cannot result in an increase in the demand for parks and recreation facilities. An Applicant who requests an exemption pursuant to this subsection for an activity not specifically enumerated herein shall request a determination from the Administrator that the activity does not result in an increase in a demand generator for the Parks and Recreation System. An Applicant may appeal such a determination pursuant to § 3.07 of this Ordinance.

Alterations or Expansions. No Parks and Recreation Impact Fee shall be imposed for alterations or expansions of a Dwelling Unit that exists on the effective date of this Ordinance where no additional Dwelling Units are created. However, where an alteration or expansion will create an additional Dwelling Unit, e.g., a Single-Family Detached House altered to create two or more Multi-Family Dwelling Units, a Parks and Recreation Impact Fee equivalent to the difference between the Parks and Recreation Impact Fee amount for the existing use and the new use shall be due for each additional Dwelling Unit pursuant to the Parks and Recreation Impact Fee Schedule in place at the time of the change in circumstances.

Accessory Buildings. No Parks and Recreation Impact Fee shall be imposed for construction of Accessory Buildings or Structures that cannot create additional Dwelling Units.

Replacement of Dwelling Unit. No Parks and Recreation Impact Fee shall be imposed for the replacement of a Dwelling Unit, in whole or in part, as long as the Owner can demonstrate that the same use existed at the time that this Parks and Recreation Impact Fee Ordinance became effective. However, where a replacement will create a greater parks and recreation demand generator, e.g., a Mobile Home replaced by a Single-Family Detached House, a Parks and Recreation Impact Fee equivalent to the difference shall be due for the resulting Dwelling Unit pursuant to the Parks and Recreation Impact Fee Schedule in place at the time of the change in circumstances.

Mobile Homes. No Parks and Recreation Impact Fee shall be imposed for the issuance of a tie-down permit for a Mobile Home where the Applicant is able to demonstrate to the Administrator that a Parks and Recreation Impact Fee has previously been paid for the lot upon which the Mobile Home is to be situated.

Dwelling Units for which a signed contract for the sale or construction of such Dwelling Unit to a buyer who will occupy the Dwelling Unit was executed prior to the effective date of this Ordinance. Such contracts must be produced, and accompanied by sworn and notarized affidavits from both the buyer and the seller stating that such contract was executed prior to the effective date of this Ordinance, to the County Administrator within thirty (30) days of the effective date of this Ordinance or the exemption shall be waived. A buyer shall not utilize this exemption more than once.

Dwelling Units that have been issued a Building Permit prior to the effective date of this Ordinance if the Person obtaining such Building Permit is an owner-builder and exempt from Florida construction contracting requirements pursuant to Section 489.103(7), Florida Statutes.

Alternative Form of Payment. Nothing herein precludes the County from entering into agreements with affordable housing providers to subsidize the Parks and Recreation Impact Fee assessed by this Ordinance.

Effect of Payment of Parks and Recreation Impact Fees on Other Applicable County Land Development Regulations:

The payment of Parks and Recreation Impact Fees shall not entitle the Applicant to a Building Permit, Certificate of Occupancy, or a final inspection as such other requirements, standards and conditions are independent of the requirements for payment of a Parks and Recreation Impact Fee.

Neither these procedures nor this Ordinance shall affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements of the Pasco County Comprehensive Plan, the Pasco County Land Development Code, and the Pasco County Code of Ordinances which shall be operative and remain in full force and effect without limitation.

Any new Residential Construction which is determined to be waived from the payment of Parks and Recreation Impact Fees but which, as a result of a change in circumstances, produces a Dwelling Unit not exempt pursuant to Subsection D hereto, shall pay the Parks and Recreation Impact Fee imposed by Subsection A according to the Impact Fee Schedule in effect at such time as the change in circumstances occurs.

2.02

Affected Area.

Parks and Recreation Impact Fee Districts. This Parks and Recreation Impact Fee Ordinance shall be applicable within all of Pasco County not otherwise exempted pursuant to this Ordinance. This Ordinance shall be effective within the Cities only upon approval by the Board of County Commissioners of an interlocal agreement between the County and the City. For purposes of this Ordinance, the County shall be divided into three (3) Parks and Recreation Impact Fee Districts (West, Central and East), as indicated on the map in Attachment A.

Types of Development Affected. These procedures shall apply to all new Residential Construction as herein defined that is not exempted, waived or subsidized pursuant to § 2.01.

\\Bccatty01\County_ Data\cau1\Public\Park Impact Fees 2001\impactfeeordinance1.9.02.doc

ARTICLE III - PROCEDURES FOR IMPOSITION, CALCULATION AND COLLECTION OF PARKS AND RECREATION IMPACT FEES

3.01

Imposition.

The County shall calculate Parks and Recreation Impact Fees at the time of Building Permit application. Parks and Recreation Impact Fees shall be paid by the Applicant prior to issuance of a Certificate of Occupancy. Where a Certificate of Occupancy is not required for new or additional Residential Construction that is subject to this Ordinance, the Parks and Recreation Impact Fee shall be paid prior to final inspection. For Residential Construction for which a Building Permit has been issued or applied for prior to the effective date of this Ordinance the Parks and Recreation Impact Fee will be calculated and paid prior to the issuance of a Certificate of Occupancy, or prior to a Final Inspection where a Certificate of Occupancy is not required. Notwithstanding the foregoing, nothing in this Ordinance shall prevent the County from studying or adopting an alternate method of payment of the Parks and Recreation Impact Fee (e.g. payment over time through special assessments).

1.a

Calculation.

Upon receipt of a complete application for a Building Permit, the Administrator shall determine (a) whether it is a residential or non-residential use and (b) the number of new Dwelling Units. If a Building Permit was applied for prior to the effective date of this Ordinance then the Administrator shall determine (a) whether it is a residential or non-residential use and (b) the number of new Dwelling Units prior to the issuance of the Certificate of Occupancy, or prior to Final Inspection where a Certificate of Occupancy is not required.

After making these determinations, the Administrator shall calculate the applicable Parks and Recreation Impact Fee by multiplying the number of Dwelling Units created by the new Residential Construction by the appropriate Parks and Recreation Impact Fee amount pursuant to the Parks and Recreation Impact Fee Schedule, incorporating any applicable offsets and/or credits. If the Applicant has received an offset and/or credit pursuant to § 3.04 of this Ordinance, that offset and/or credit shall be subtracted from the otherwise applicable Parks and Recreation Impact Fee if such offset and/or credit applies.

An Applicant may request at any time a non-binding estimate of Parks and Recreation Impact Fees due for a particular development, however, such estimate is subject to change when a complete application for a Building Permit for new Residential Construction is made.

Parks and Recreation Impact Fees shall be calculated based on the Parks and Recreation Impact Fee Schedule, pursuant to § 2.01, in effect at the time of the County’s issuance of a Building Permit except where provided for in this Ordinance.

3.03

Independent Fee Calculation.

Applicant Fee Study. If an Applicant opts not to have the Parks and Recreation Impact Fee determined according to the Parks and Recreation Impact Fee Schedule, then the Applicant shall prepare and submit to the Administrator an Independent Fee Calculation Study for the new Residential Construction for which a Building Permit(s) is sought.

The Applicant shall pay the County a fee of $500.00 or an alternate fee as may be established by resolution of the Board of County Commissioners for review and consideration of the Independent Fee Calculation.

The Independent Fee Calculation Study shall follow the prescribed methodologies and formats used in the Parks and Recreation Impact Fee Study, prepared by Wade-Trim, Inc., dated April 2001 and as supplemented pursuant to § 1.07 of this Ordinance. The parks and recreation demand generation documentation submitted shall show the basis upon which the Independent Fee Calculation was made.

The proposed Independent Fee Calculation Study shall be submitted to the Administrator. The Administrator shall mail a written determination to or request additional information from the Applicant within sixty (60) calendar days of a completed submittal as to whether such calculation complies with the requirements of this section. A Certificate of Occupancy shall not be issued or Final Inspection conducted in the interim.

The Administrator shall consider the documentation submitted by the Applicant. The Administrator is not required to accept such documentation if it is deemed to be incomplete, inaccurate or unreliable. The Administrator may in the alternative, require the Applicant to submit additional or different documentation for consideration.

If the Independent Fee Calculation Study is determined to be acceptable by the Administrator, then the Applicant shall pay the Independent Fee Calculation Parks and Recreation Impact Fee amount in lieu of an amount based upon the Parks and Recreation Impact Fee Schedule.

If the Independent Fee Calculation Study is determined to be unacceptable, then the Independent Fee Calculation shall be rejected. Such rejection shall be in writing and set forth the reasons therefore and shall be provided to the Applicant by certified mail. The Applicant shall pay a Parks and Recreation Impact Fee based upon the Parks and Recreation Impact Fee Schedule in effect at the time of rejection.

The Applicant shall have thirty (30) calendar days from the receipt of written notification of rejection to request a hearing pursuant to § 3.07 of this Ordinance. A Certificate of Occupancy shall not be issued or a final inspection conducted in the interim.

3.04

Offsets and Credits.

Offsets. Offsets against the amount of a Parks and Recreation Impact Fee due from new Residential Construction may be provided for the donation of Park Land and/or the provision by an Applicant of Parks and Recreation Facilities if such Park Land or Parks and Recreation Facilities assist in meeting the demand generated by the new Residential Construction and if either (a) the costs of such Park Land or Parks and Recreation Facilities have been included in the Parks and Recreation Impact Fee calculation methodology or (b) the Park Land donated or Parks and Recreation Facility provided is determined by the Administrator to be a reasonable substitute for the Parks and Recreation Impact Fee due.

The request for an offset shall be accompanied by relevant documentary evidence establishing the eligibility of the Applicant for the offset. When a request for an offset is received, the Administrator shall:

Calculate the applicable Parks and Recreation Impact Fee without the offset; and

Shall then determine whether an offset may apply and, if so, the amount of the offset;

If the donation of Park Land is the basis for the offset then the offset shall be applied only against the Park Land portion of the Parks and Recreation Impact Fee due. Any unused offsets for Park Land may be transferred as provided for in this Ordinance;

If the provision of Parks and Recreation Facilities is the basis for the offset then the offset shall be applied only against the Parks and Recreation Facilities portion of the Parks and Recreation Impact Fee due. Any unused offsets for Parks and Recreation Facilities may be transferred as provided for in this Ordinance.

No donations of Park Land and/or the provision of Parks and Recreation Facilities by an Applicant will occur without the formal approval of the Board of County Commissioners.

The amount of the offset for Park Land shall be the assessed value of the donated Park Land determined by 115% of the assessed value at the time of donation as determined by the Pasco County Property Appraiser.

The amount of the offset for Parks and Recreation Facilities shall be established in a written agreement between the Person donating the Parks and Recreation Facilities and the Board of County Commissioners.

The date of valuation shall be the date of conveyance of the site unless the developer and the Administrator agree to another date of valuation.

The offset shall be granted at such time as the Park Land or Parks and Recreation Facilities which are the subject of the donation have been conveyed to and accepted by the Board of County Commissioners. The offset shall be granted in the name of the Person conveying the Park Land or Parks and Recreation Facilities. No Certificates of Occupancy shall be issued or, where a Certificate of Occupancy is not required, any final inspections conducted until such property is conveyed to the County. To convey land to the County the following provisions shall be met at no cost to the County and all documents shall be in a form approved by the County Attorney: