(A) Fee obligation at commencement of land development activity; fee determined and paid at issuance of building permit.
(1) After the effective date of this subchapter, any person who shall commence any impact- generating land development activity as herein defined shall be obligated to pay an impact fee upon the commencement of such land development activity. The fee shall be determined and paid to the city at the time of issuance of a building permit for the development. If the building permit is for less than the entire development, the fee shall be computed separately for the amount of development covered by the permit. If the fee is exacted for impact generating land development activity that increases impact because of a change or increase in use, the fee shall be determined by computing the difference in the fee schedule between the new land development activity and the existing land development activity.
(2) Any developer who prior to the effective date of this subchapter agreed as a condition of development approval to pay impact fees, shall be responsible for the payment of the fees under the terms of such agreement and the payment of such fees by the developer will be offset against any impact fees otherwise due at later stages of the land development activity for which the fee was paid. Any portion of impact fees agreed to be paid pursuant to a prior agreement that is greater than the fee established in this subchapter shall be refunded.
(3) Any land or facilities agreed to be dedicated to the city as a condition of development approval shall be dedicated by either easement or deed, at the discretion of the City Manager, no later than the time of building permit issuance.
(B) Fee agreement providing for payment of fee. At any time prior to issuance of a building permit, the owner of property may enter into a fee agreement with the city providing for a credit or payment of the fee pursuant to the terms of this subchapter.
(C) Establishment of fee schedule.
(1) (a) Any person who shall initiate any new impact-generating land development activity, except those preparing an individual assessment of fiscal impact or those receiving an interpretation of the impact of their proposed land development activity shall pay an impact. Impact fees shall be established by the City Council by resolution.
(b) The fees identified in the resolution shall be adjusted annually by the change reflected in the Implicit Price Deflator for State and Local Government Consumption Expenditures and Investment as prepared by the United States Department of Commerce from the previous year. The adjustment shall take effect October 1 each year.
(c) If a building permit is requested for mixed uses, then the fee shall be determined according to the impact fee schedule within the resolution by apportioning the space committed to uses specified on the schedule.
(2) Biannually, and at the same time the City Council reviews the budget and capital improvement element of the Palm Bay Comprehensive Plan, the City Manager shall recommend to the City Council whether any changes should be made to the impact fee schedule to reflect changes in the factors that affect the fee schedule. The purpose of this review is to analyze the effects of inflation on the actual costs of facilities and to insure that the fee charged new impact generating land development activity will not exceed its pro rata share for the reasonably anticipated expansion costs of facilities necessitated by its presence.
(3) The fees identified in the impact fee schedule within the resolution shall be adjusted annually by the amount of change reflected in the Florida Department of Transportation Price Trends Index from the previous year. The adjustment shall take effect October 1 each year.
('74 Code, § 8-220) (Ord. 89-03, passed 3-3-89; Am. Ord. 2006-54, passed 5-16-06; Am. Ord. 2012-06, passed 2-16-12; Am. Ord. 2013-53, passed 10-3-13)