BY COMMISSIONER _________________ ORDINANCE NO. ________
AN ACT TO BE ENTITLED AN ORDINANCE AMENDING THE PASCO COUNTY CODE OF ORDINANCES CHAPTER 78 ARTICLE II, AS AMENDED, TO ADOPT LIBRARY IMPACT FEES TO BE IMPOSED ON NEW RESIDENTIAL CONSTRUCTION; PROVIDING A PURPOSE AND INTENT; PROVIDING DEFINITIONS; PROVIDING GENERAL PROVISIONS AND APPLICABILITY; PROVIDING PROCEDURES FOR IMPOSITION, CALCULATION AND COLLECTION OF LIBRARY IMPACT FEES; PROVIDING FOR THE ESTABLISHMENT OF THE LIBRARY IMPACT FEE FUND, APPROPRIATION OF IMPACT FEE FUNDS, AND REFUNDS; PROVIDING FOR CONFLICT; 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.
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WHEREAS, the County is authorized to establish and impose Library Impact Fees on new Residential Construction to finance new Library Facilities necessitated by such new Residential Construction; and
WHEREAS, the County is experiencing rapid growth that leads to deficient and overcrowded Library Facilities; and
WHEREAS, new Residential Construction has generated the need for Library Impact Fees so that existing levels of library services will continue to be provided and so that future deficiencies in Library Facilities will be prevented from occurring; and
WHEREAS, the County has studied the necessity for and implications of the adoption of Library Impact Fees; and
WHEREAS, the County has found and determined that Library Impact Fees are appropriate for funding Library Facilities; and
WHEREAS, the County has found and determined that most Library 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 Library Impact Fees; and
WHEREAS, all moneys collected from Library Impact Fees will be deposited in the Library Impact Fee Fund which clearly identifies those monies as Library 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 Library Impact Fees procedures and implementation requirements.
The purpose and intent of this Ordinance is:
A. To establish uniform Library Impact Fees throughout the County and establish procedures for the imposition, calculation, collection, administration and expenditure of Library Impact Fees imposed on new Residential Construction; and
B. To facilitate the implementation of the goals, objectives and policies of the Pasco County Comprehensive Plan, specifically Objective 1.3 and Objective 1.4 and the supporting policies of the Capital Improvements Element, relating to assuring that new Residential Construction contributes its fair share towards the costs of library facilities necessitated by such new Residential Construction; and
C. To ensure that new Residential Construction is reasonably benefited by the provision of the public Library Facilities provided with the proceeds of Library Impact Fees; and
D. To ensure that all applicable legal standards and criteria are properly incorporated in these procedures.
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 Library Facilities for which the Library 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.
“Library Facilities” shall mean those facilities owned or operated by the County on Library Land which a need is created for by new Residential Construction. Library Facilities include but are not limited to:
a) Buildings and Associated Site Development
b) Print/Audio/Video/Software Materials
c) Library Equipment
d) Computers/Technology
e) Furniture
"Library 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 Library Facilities required to accommodate the impact to the library system of that new Residential Construction, and which fee is applied to Library Facilities that 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.
“Library Impact Fee Fund” shall mean the separate special revenue fund created pursuant to § 4.01 of this Ordinance.
“Library Impact Fee Study” shall mean the study by Wade-Trim, Inc. entitled "Pasco County Library System Strategic Plan", dated January 2002 and as supplemented pursuant to § 1.07 of this Ordinance.
"Library Land" shall mean the land owned or operated by the County required for the development or expansion of Libraries identified in the Libraries Impact Fee Study.
“Library System” shall mean the Library Land and Library Facilities owned or operated by the County which are used to provide library services.
“Mobile Home Dwelling Unit” or “Mobile Home” shall mean a structure, transportable in one or more sections, which is 8 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, 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.
“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:
a. the amount of impact fees charged bears a reasonable relationship to the cost of providing public facilities necessitated by new development; and
b. 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 adoption date of this Ordinance.
“Single-Family Detached House” shall mean a detached Dwelling Unit which is not considered to be a Mobile Home and also not considered to be a Multi-Family Dwelling Unit.
For the purpose of the administration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of construction shall apply:
A. 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.
B. The word “shall” is always mandatory and not discretionary and the word “may” is permissive.
C. 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.
D. The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” and “occupied for.”
E. 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:
1. “And” indicates that all the connected terms, conditions, provisions or events shall apply.
2. “Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
3. “Either . . .or” indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
F. 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.
G. All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays.
H. 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.
It is hereby ascertained, determined and declared:
A. That the County has determined that capital improvements to the Library 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.
B. 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 Library System that are necessary to accommodate growth resulting from new Residential Construction.
C. 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.
D. That the implementation of a Library Impact Fee to require future growth to contribute its fair share of the cost of growth necessitated capital improvements to the Library System is necessary and reasonably related to the public health, safety, and welfare of the people of Pasco County.
E. That providing a Library 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.
F. That the projected capital improvements to the Library System and the allocation of projected costs between those necessary to serve existing development and those required to accommodate the Library System needs of new Residential Construction are presented in the Library Impact Fee Study, and such study is hereby approved and adopted by the County.
G. That the County shall be considered as one (1) unified Library Impact Fee District.
H. That Library Impact Fees paid pursuant to this Ordinance will be earmarked to a separate fund for the Library Impact Fee District and expended within the Library Impact Fee District to acquire Library Land and develop capital Library Facilities needed to accommodate growth resulting from new Residential Construction in Pasco County.
I. That the establishment of a Library Impact Fee is consistent with and is necessary for implementing the Pasco County Comprehensive Plan Objective 1.3 and Objective 1.4 and supporting policies of the Capital Improvements Element and necessary to ensure coordination of new Residential Construction with the provision of the Library System.
J. That after a three (3) year period from the adoption date of this Ordinance, this Ordinance may be subject to review pursuant to § 1.07 herein.
K. That the Board considered the short and long term public and private costs and benefits of the proposed Library Impact Fee Ordinance and the Library Impact Fee Study and has determined that sufficient information has been provided to enable the Board to act.
L. 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.
The Board hereby adopts and incorporates by reference the Library Impact Fee Study by Wade-Trim, Inc. entitled "Pasco County Library System Strategic Plan," dated January 2002 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.
A. This Ordinance and the Library 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 Library Impact Fee does not exceed reasonably anticipated costs associated with growth necessitated capital improvements. In the event the review of the Ordinance and Library Impact Fee Study required by this section alters or changes the assumptions, conclusions and findings of the Library 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 Library Impact Fee shall be amended in accordance therewith.
B. 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 Library Impact Fee.
C. The initial and each subsequent review shall include all of the following to be compiled into a report:
1. Recommendations on amendments, if appropriate, to these procedures;
2. Proposed changes to the Pasco County Comprehensive Plan and/or an applicable Capital Improvements Program, including the identification of Library System projects anticipated to be funded wholly or partially with Library Impact Fees;
3. Proposed changes to the Library Impact Fee Schedule;
4. Proposed changes to level of service standards;
5. Proposed changes in the Library Impact Fee calculation methodology;
6. Other data, analysis or recommendations as the Administrator may deem appropriate, or as may be requested by the Board.
D. 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.
E. The failure to prepare or to submit a report as provided herein shall not affect the effectiveness or the administration of this Ordinance.
A. 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 Library Impact Fees.
B. Upon this Ordinance becoming effective, all new Residential Construction occurring within the County shall pay the following Library Impact Fee according to the following Library Impact Fee Schedule:
Single-Family Detached House
Library Land: $15.06 per Dwelling Unit
Library Facilities: $129.52 per Dwelling Unit
Total: $144.58 per Dwelling Unit
All Other Residential Construction
(Including Multi-Family/Mobile Homes)
Library Land: $10.06 per Dwelling Unit
Library Facilities: $86.52 per Dwelling Unit
Total: $96.58 per Dwelling Unit
C. The Library Impact Fee shall be calculated at the time an application for a Building Permit is submitted. The Library Impact Fee shall be paid prior to the issuance of a Certificate of Occupancy. Where a Certificate of Occupancy is not required the Library Impact Fee shall be paid prior to final inspection. Notwithstanding the foregoing, nothing in this Ordinance shall prevent the County from studying or adopting an alternate method of payment of the Library Impact Fee (e.g. payment over time through special assessments).
D. Exemptions. An exemption must be claimed by the Applicant or it shall be waived. Payment of the Library 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:
1. New Residential Construction for which a Certificate of Occupancy has been issued prior to the adoption date of this Ordinance.
2. Other Uses. No Library 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 library 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 Library System. An Applicant may appeal such a determination pursuant to § 3.07 of this Ordinance.
3. Alterations or Expansions. No Library Impact Fee shall be imposed for alterations or expansions of a Dwelling Unit that exists on the adoption 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 Library Impact Fee equivalent to the difference between the Library Impact Fee amount for the existing use and the new use shall be due for each additional Dwelling Unit pursuant to the Library Impact Fee Schedule in place at the time of the change in circumstances.
4. Accessory Buildings. No Library Impact Fee shall be imposed for construction of Accessory Buildings or Structures that cannot create additional Dwelling Units.
5. Replacement of Dwelling Unit. No Library 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 Library Impact Fee Ordinance became effective. However, where a replacement will create a greater library demand generator, e.g., a Mobile Home replaced by a Single-Family Detached House, a Library Impact Fee equivalent to the difference shall be due for the resulting Dwelling Unit pursuant to the Library Impact Fee Schedule in place at the time of the change in circumstances.
6. Mobile Homes. No Library 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 Library Impact Fee has previously been paid for the lot upon which the Mobile Home is to be situated.
7. 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 adoption 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 adoption date of this Ordinance, to the County Administrator within thirty (30) days of the adoption date of this Ordinance or the exemption shall be waived. A buyer shall not utilize this exemption more than once.
8. New Residential Construction that has submitted a completed application for a Building Permit or has been issued a Building Permit prior to the adoption date of this Ordinance.
E. Alternative Form of Payment. Nothing herein precludes the County from entering into agreements with affordable housing providers to subsidize the Library Impact Fee assessed by this Ordinance.
F. Effect of Payment of Library Impact Fees on Other Applicable County Land Development Regulations:
1. The payment of Library 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 Library Impact Fee.
2. 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.
G. Any new Residential Construction which is determined to be waived from the payment of Library 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 Library Impact Fee imposed by Subsection A according to the Impact Fee Schedule in effect at such time as the change in circumstances occurs.
A. Library Impact Fee District. This Library Impact Fee Ordinance shall be applicable within all of Pasco County not otherwise exempted pursuant to this Ordinance. The Library Impact Fee shall be collected within any City only upon approval by the Board of County Commissioners of an interlocal agreement between the County and such City. For purposes of this Ordinance, the County shall be considered as one (1) unified Library Impact Fee District.
B. 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.
The County shall calculate Library Impact Fees at the time of Building Permit application. Library 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 Library Fee shall be paid prior to final inspection. Notwithstanding the foregoing, nothing in this Ordinance shall prevent the County from studying or adopting an alternate method of payment of the Library Impact Fee (e.g. payment over time through special assessments).
3.02 Calculation.
A. 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.
B. After making these determinations, the Administrator shall calculate the applicable Library Impact Fee by multiplying the number of Dwelling Units created by the new Residential Construction by the appropriate Library Impact Fee amount pursuant to the Library 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 Library Impact Fee if such offset and/or credit apply.
C. An Applicant may request at any time a non-binding estimate of Library 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.
D. Library Impact Fees shall be calculated based on the Library 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.
A. Applicant Fee Study. If an Applicant opts not to have the Library Impact Fee determined according to the Library 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.
B. 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.
C. The Independent Fee Calculation Study shall follow the prescribed methodologies and formats used in the Library Impact Fee Study, prepared by Wade-Trim, Inc., dated January 2002 and as supplemented pursuant to § 1.07 of this Ordinance. The library demand generation documentation submitted shall show the basis upon which the Independent Fee Calculation was made.
D. 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, unless the Applicant has paid the Library Impact Fee as required by the Library Impact Fee Schedule.
E. 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.
F. If the Independent Fee Calculation Study is determined to be acceptable by the Administrator, then the Applicant shall pay the Independent Fee Calculation Library Impact Fee amount in lieu of an amount based upon the Library Impact Fee Schedule.
G. 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 Library Impact Fee based upon the Library Impact Fee Schedule in effect at the time of rejection.
H. 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, unless the Applicant has paid the Library Impact Fee as required by the Library Impact Fee Schedule.
A. Offsets. Offsets against the amount of a Library Impact Fee due from new Residential Construction may be provided by the Administrator for the donation of Library Land and/or the provision by an Applicant of Library Facilities if such Library Land or Library Facilities assist in meeting the demand generated by the new Residential Construction and if either (a) the costs of such Library Land or Library Facilities have been included in the Library Impact Fee calculation methodology or (b) the Library Land donated or Library Facility provided is determined by the Administrator to be a reasonable substitute for the Library Impact Fee due.
B. 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:
1. Calculate the applicable Library Impact Fee without the offset; and
2. Shall then determine whether an offset may apply and, if so, the amount of the offset;
3. If the donation of Library Land is the basis for the offset then the offset shall be applied only against the Library Land portion of the Library Impact Fee due. Any unused offsets for Library Land may be transferred as provided for in this Ordinance;
4. If the provision of Library Facilities is the basis for the offset then the offset shall be applied only against the Library Facilities portion of the Library Impact Fee due. Any unused offsets for Library Facilities may be transferred as provided for in this Ordinance.
C. No donations of Library Land and/or the provision of Library Facilities by an Applicant will occur without the formal approval of the Board of County Commissioners.
E. The amount of the offset for Library Facilities shall be established in a written agreement between the Person donating the Library Facilities and the Board of County Commissioners.
F. 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.
G. The offset shall be granted at such time as the Library Land or Library Facilities that 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 Library Land or Library 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:
1. The delivery to the County of a complete and current abstract of title or a title insurance commitment to insure said property for the amount equal to the value of the offset; and
2. The delivery to the County or the title insurance agent, of a deed and survey, in appropriate form, with sufficient funds for recording same based upon the agreed value of the property; and
3. The escrow of taxes for the current year pursuant to Chapter 196 Florida Statutes or the payment of said taxes for the year; and
4. The issuance of a title insurance policy subsequent to recording of the deed and escrow of taxes; and
5. Any and all other documents reasonably required by the County Attorney.
H. Credits. Any Applicant or successor in interest that donated Library Land, prior to the adoption date of this Ordinance, may be entitled to a credit provided (a) the costs of such Library Land have been included in the Library Impact Fee calculation methodology or (b) the Library Land donated for Library Land acquisition is determined by the Administrator to be a reasonable substitute for the Library Impact Fee due. The credit shall be granted in the name of the Person who donated the Library Land or paid the fee for Library Land acquisition.
The value of such credit shall be calculated in the following manner:
1. If Library Land was donated, the value of the credit shall be based upon the value of the donated property at the time of conveyance. The method of determining the value of the donated land shall be in accordance with Subsection D of this Section.
2. If the value of the donated Library Land is less than or equal to the Library Land portion of the Library Impact Fee on a per dwelling unit basis, then the Library Land portion of the Library Impact Fee shall not be due for those approved dwelling units whose Library Land impact was mitigated by the Library Land donated as determined by the Administrator. However, these dwelling units are still required to pay the Library Facilities portion of the Library Impact Fee.
3. If the value of the donated Library Land is greater than the Library Land portion of the Library Impact Fee on a per dwelling unit basis, then the Library Land portion of the Library Impact Fee shall not be due for those approved dwelling units whose Library Land impact was mitigated by the Library Land donated as determined by the Administrator. The excess value of the dedicated land shall become a credit that is transferable as provided for in this Ordinance. However, these dwelling units are still required to pay the Library Facilities portion of the Library Impact Fee.
I. Requests for credits shall be submitted to the Administrator by the Applicant within six (6) months of the adoption date of this Ordinance. The request for a credit shall be accompanied by relevant documentary evidence establishing the eligibility of the Applicant for the credit.
J. Unless specifically authorized by the Board of County Commissioners, failure to apply for the offset or credit within the time period required shall be deemed a waiver of the offset or credit, regardless of transfer of title to such lands.
K. Transferability. Library Impact Fee offsets or credits are transferable. Transferable offsets or credits may be sold, assigned, or conveyed to another Person or transferred to another project of the Applicant. Unless a longer period is specifically authorized by the Board of County Commissioners, transferable offsets and credits must be used within six (6) years of the date created. The creation date is the date the offsets or credits were approved by the Administrator. Library Impact Fee offsets or credits not used within six years of the date of creation will be canceled by the Administrator. To transfer offsets or credits the Applicant must submit to the Administrator a letter signed and notarized by the owner of the offsets or credits that specifies the name of the Person receiving the transfer of the offsets or credits and the amount of the offset or credit being transferred. Regardless of the date of transfer, the transfer of the offset or credit shall not be effective until the transfer letter is received and accepted by the Administrator.
L. Unused offsets or credits shall not be refunded.
A. Except as otherwise provided in this Ordinance, an Applicant shall pay the Library Impact Fees as set forth in § 2.01, Library Impact Fee Schedule, unless:
1. The Applicant is determined to be entitled to a full offset or credit; or
2. The Applicant is determined to not be subject to the payment of Library Impact Fees pursuant to § 2.01 D or E.
B. The Administrator shall collect the Library Impact Fee prior to the issuance of a Certificate of Occupancy for the new Residential Construction. Where a Certificate of Occupancy is not required the Library Impact Fee shall be paid prior to the Final Inspection.
C. Any Library Impact Fee collected by the County shall be held separate and distinct from all other revenues in the Library Impact Fee Fund. The Library Impact Fee Fund shall be segregated into separate accounts for Library Land acquisition and Library Facility development.
D. The payment of the Library Impact Fee shall be in addition to all other fees, charges or assessments due for the issuance of a Building Permit, a Certificate of Occupancy, and a Final Inspection.
E. The obligation for payment of the Library Impact Fee shall run with the land.
The Administrator is specifically authorized to take any and all steps and actions that are legally available to the County, including any court proceedings as are authorized by law, against any person who fails, neglects or refuses to pay a Library Impact Fee as required by § 2.01. Knowingly furnishing false information to the Administrator or other official in charge of the administration of this Ordinance on any matter relating to the administration of this Ordinance shall constitute a violation of this Ordinance. Any violation of this Ordinance is subject to the provisions of Pasco County Ordinance No. 00-05, as amended, and shall be considered a Class VI violation. Each act in violation of this Ordinance shall be considered a separate violation for the purpose of assessing penalties.
A. An Applicant who is required to pay a Library Impact Fee pursuant to § 2.01 hereto shall have the right to request an appeal hearing before the Board of County Commissioners.
B. Such appeal hearing shall include but not be limited to the review of the following:
1. The application of the Library Impact Fee pursuant to § 2.01 hereto.
2. Denial of an Independent Fee Calculation pursuant to
§ 3.03 hereto.
3. Denial of an offset or credit pursuant to § 3.04 hereto.
C. Except as otherwise provided in this Ordinance, the Applicant shall request such appeal hearing within thirty (30) days of the following, whichever is applicable:
1. Payment of the Library Impact Fee; or
2. Denial of an Independent Fee Calculation, offset or credit.
3. A change in circumstances that requires payment of the Library Impact Fee.
D. Failure to request an appeal hearing within the time provided shall be deemed a waiver of such right.
E. The request for an appeal hearing shall be filed with the Board through the Administrator. The request shall contain the following:
1. The name and address of the Applicant or successor in interest; and
2. The legal description of the property in question; and
3. If paid, the date the Library Impact Fee was paid with a copy of the original receipt or cancelled check; and
4. A statement of the reasons why the hearing is requested and supported by documentation and exhibits as to why the Library Impact Fee should not be paid; and
5. A filling fee of $250.00 or as amended by resolution by the Board from time to time.
F. Upon receipt of such request, the Administrator shall schedule an appeal hearing as a Departmental Matter before the Board at a regularly scheduled meeting or a special meeting called for the purpose of conducting such hearing and shall provide the Applicant written notice of the time and place of the hearing. The appeal hearing shall be held within forty-five (45) days of the date that the request for such hearing was properly filed.
G. Such hearing shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however; the appeal hearing shall be conducted in a fair and impartial manner with each interested party having an opportunity to be heard and to present information and evidence. The Board shall make the final determination. If possible, the Board shall make known its determination at the end of the hearing. A determination shall be in writing and issued within thirty (30) days of the hearing.
The County shall establish a Library Impact Fee Fund for Library Impact Fees. Such Fund shall clearly be identified as monies collected as Library Impact Fees. All Library Impact Fees collected by the County shall be deposited into the Library Impact Fee Fund and shall be segregated for Library Land acquisition and Library Facility development.
A. In General. Library Impact Fees shall be appropriated for Library Facilities necessitated by new Residential Construction and for the payment of principal, interest and other financing costs on contracts, bonds, notes or other obligations issued by or on behalf of the County to finance such Library Facilities.
B. Library Impact Fees shall, upon receipt by the County, be deposited into the Library Impact Fee Fund.
C. The Library Impact Fee monies shall be deposited into an account established by the Board and held and maintained separate from all other accounts of the Board.
D. Library Impact Fee monies shall only be expended within the Library Impact Fee District.
E. A specific account for Library Land acquisition and Library Facility development shall be established. All interest or investment income earned shall be available for appropriation or expenditure for Library Land or Library Facilities regardless of the source of the interest or investment income.
F. The monies from the Library Impact Fee Fund shall be used by the County solely to provide Library Land and Library Facilities which are necessitated by new Residential Construction within the Library Impact Fee District, consistent with and as set forth in subsection G, below, and shall not be used for any expenditure that would be classified as an operating expense, routine maintenance or repair expense. The Board shall establish and implement necessary accounting controls to ensure that all Library Impact Fees are properly deposited, accounted for and appropriated in accordance with this Ordinance and any other applicable legal requirements.
G. The Board shall use Library Impact Fee Fund monies for the following:
1. Design, Permitting and Construction Plan Costs for the Library System; and
2. Library Land Acquisition Costs; and
3. Construction Costs of Library Facilities as defined in Article I, Section 1.02.
H. Additionally, Library Impact Fee Fund monies may be used for the following:
1. repayment of monies borrowed from any budgetary fund of the County subsequent to the adoption date of this Ordinance, where such borrowed monies were used to fund growth necessitated capital improvements to Library Facilities as provided herein;
2. payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to fund growth-necessitated improvements to the Library System subsequent to the adoption date of this Ordinance.
A. Failure of the County to Use the Library Impact Fee Funds Within Time Limit. The Applicant or a successor in interest may request a refund from the County of Library Impact Fees paid by an Applicant if the County has failed to use or appropriate the Library Impact Fees collected from the Applicant within the time limits as follows:
1. appropriated in the County's Five Year Capital Improvement Program prior to the end of the fiscal year immediately following the fifth anniversary of the date upon which such fees were paid; or
2. expended prior to the end of the fiscal year immediately following the tenth anniversary of the date upon which such fees were paid.
3. for purposes of this section, fees collected shall be deemed to be spent or appropriated on the basis of “the first fee in shall be the first fee out.”
4. for purposes of this section, all impact fees shall be deemed to be expended prior to the expenditure of any interest or investment income.
5. refunds shall be made only in accordance with the following procedure:
a. the Applicant or a successor in interest shall request the refund within one (1) year following the end of the calendar year immediately following ten (10) years from the date on which the fee was received; and
b. description and documentation of the County's non-use of the Library Impact Fees; and
c. requests for a refund shall include all information required in § 4.03.D., as appropriate, and shall be submitted to the Board for approval.
6. for purposes of this section, any refund received shall not include interest or investment income while on deposit in the Impact Fee Fund.
7. The Administrator may request that the Board of County Commissioners grant a one (1) year extension to the time frames for appropriation and/or expenditure of the Library Impact Fees.
B. Requests for refunds must be made by written request to the Administrator within the time limits as established herein. The Applicant, or successor in interest, shall submit:
1. a notarized sworn affidavit stating that the individual requesting the refund is the Applicant or the successor in interest to the real property on which the Library Impact Fee was paid; and
2. name and address; and
3. the location of the property which was the subject of the Building Permit and/or Certificate of Occupancy and/or final inspection; and
4. the date the Building Permit and/or Certificate of Occupancy was issued; or the date of expiration, or that it was declared to be invalid; and
5. the amount of the Library Impact Fee paid and copies of original receipts or cancelled checks evidencing such payments; and
C. Upon receipt of a completed request for a refund, the Administrator shall review the request and documentary evidence submitted by the Applicant as well as such other information and evidence as may be deemed relevant. After complete verification and satisfaction of the requirements, the County shall refund the Library Impact Fee from the County's Library Impact Fee Fund, as established pursuant to § 4.02.
D. If offset or credits pursuant to § 3.04 are used then the Applicant shall not be entitled to any refund of Library Impact Fees.
The adoption of this Ordinance shall not invalidate the provisions of any Development Order or development approval requiring the developer to contribute property as a part of the development approval process, unless the Development Order or development approval is specifically amended or modified by the Board. The donation of land, recording of a plat, or other development approval prior to the adoption date of this Ordinance shall not exempt or vest any Person from the provisions of this Ordinance (unless such Person is exempt pursuant to the terms of this Ordinance); however, a Person who donated land may be eligible for credits pursuant to Section 3.04 of this Ordinance.
To the extent of any conflict between any other County ordinances and this Ordinance, this Ordinance shall be deemed to be controlling.
A. If any section, subsection, sentence, clause, phrase or portion of these Procedures is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or portion of these procedures shall be deemed to be a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions of these procedures nor impair or nullify the remainder of such Procedures which shall continue in full force and effect.
B. If the application of any provision of these procedures to any new Residential Construction is declared to be invalid by a decision of any court of competent jurisdiction, the intent of the Board is that such decision shall be limited to the specific new Residential Construction immediately involved in the controversy, action or proceeding in which such decision of invalidity was rendered. Such decision shall not affect, impair, or nullify these procedures as a whole or the application of any provision of these procedures to any other Residential Construction.
It is the intent of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Pasco County Code of Ordinances in Chapter 78, Article II as a new Division 5., and that the sections of this Ordinance may be renumbered or relettered and the word “ordinance” may be changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in order accomplish such intentions.
ARTICLE IX – EFFECTIVE DATE
A certified copy of this Ordinance shall be filed with the Department of State by the clerk to the Board within ten (10) days after adoption. This Ordinance shall take effect upon adoption by the Board of County Commissioners.
ADOPTED this ____ day of _________, 2002.
(SEAL)
ATTEST: BOARD OF COUNTY COMMISSIONERS
BY:_________________________________ BY:___________________________________
JED PITTMAN, CLERK ANN HILDEBRAND, CHAIRMAN
OFFICE OF THE COUNTY ATTORNEY
BY:__________________________________