(A) The City Commission shall establish from time to time by the adoption of resolutions the fees required by this part. The fees shall provide for the costs relating to the review and analysis related to applications including, but not limited to, city staff time and expenses resulting from the review of matters such as, by way of example and not limitation, calculations, traffic studies or mitigation studies presented to the city by an applicant.
(B) Fees shall be established for concurrency review determinations for each concurrency review application which fees shall be paid at the time of the filing of the application.
(C) Fees shall also be established to provide for the recovery of costs to the city relating to informal inquiries relating to matters involving the concurrency management system. Fees for raw data (public records) shall be charged in accordance with the provisions of F.S. Ch. 119, or its successor provision, as implemented by the city.
(D) Fees shall also be established for appeals, administrative determinations and the extension of certificates of concurrency resulting from the approval of extending final development orders or the extension of a final development order.
(E) The city shall establish by resolution, fees for concurrency testing, both formal and informal, for inquiries which require substantially the same research as a full scale concurrency test; for time required to review alternative demand data which an applicant may provide as well as any traffic studies or mitigation plans which an applicant requests be reviewed as part of a concurrency test; for administrative costs for extending capacity reservation time limits resulting from the approval of an extension of a development order; and for capacity reservations. The capacity reservation fee payment schedule for commercial/residential projects and/or building permits shall be the equivalent of all development fees required to complete the project including, but not limited to, impact fees, connection charges, and all associated building permit and site development fees.
(F) Payment of capacity reservation fees is due within 90 days after issuance of a Type IV final development order or preliminary development order which has a capacity reservation. If payment is not received by the Planning Department within said 90 days, the capacity reservation approval is null and void.
(G) Projects determined to be vested by the vested rights ordinance or by judicial decree and concurrency exempt projects do not pay capacity reservation fees. Such projects in possession of a final development order will be able to obtain permits without any reservation prepayment of development fees.
(H) The capacity reservation fees are only for city development and building fees and are not for any other fees assessed by Seminole County for roads and schools or other state or federal fees attached to the issuance of a building or development payment.
(I) For each concurrency public facility the facility reservation fee shall apply to all development and shall be an amount equivalent to the then applicable Lake Mary Impact Fee for each concurrency facility type. All impact fees shall be required to be assessed and paid as a condition of receiving a building permit pursuant to the impact fee rate schedules in effect at the time a building permit is issued. However, each facility reservation fee is a per unit fixed-dollar deduction from the applicable impact fee in place at the time of building permit issuance.
(J) At the time of the issuance of a final development order, all of the fees must be paid; provided, however, that if a development order provides that the final development order is not effective until a preconstruction conference occurs, the fees may be delayed until that date; provided further, that if the fees are not paid, the development order shall be null and void and of no further force or effect.
(K) If a final development order is not issued, expires or is surrendered pursuant to an amending development order issued by the city or an amending development agreement, an applicant may request in writing and the city shall issue a refund of facility reservation fees if the appropriate following condition is met:
(L) For all concurrency public facilities, capacity shall be surrendered, and thereupon a refund shall be made by the city at the occurrence of the following event: a determination has been made by the Public Works Director that such refund will not require or result in the elimination, deferral or delay of a project which is needed to maintain adopted level of service standards and which is listed in the adopted Capital Improvements Element schedule of improvements.
(M) The following special treatments of the capacity reservation fee will apply:
(1) Affordable housing. Exempt from paying capacity reservation fees for 12 months.
(2) Redevelopment in Towne Square Development Area. Exempt from paying a capacity reservation fee for 12 months.
(3) Development by a public sector or organization (city, county or schools). Exempt from all concurrency fees.
(Ord. 633, passed 2-18-93)