(A) Intent. Any fees collected under this subchapter are expressly designated for the accommodation of impacts reasonably attributable to the proposed development as hereinafter provided in this section.
(B) Establishment of trust fund and trust accounts. There is established the Palm Bay Impact Fee Trust Fund for the purpose of insuring that the fees collected pursuant to this subchapter are designated for the accommodation of impacts reasonably attributable to the proposed land development activity. The impact fee trust fund shall be divided into three (3) trust accounts, one (1) for the park component, one (1) for the police component and one (1) for the fire component.
(C) Expenditure of fees in trust accounts.
(1) Park impact component.
(a) Proceeds collected from the community park impact component of the fee and all interest accrued on such funds shall be used for capital park facilities, within the city. In locating and constructing park capital facilities, the city shall be guided by the standards of the Palm Bay Comprehensive Plan.
(b) Proceeds collected from the urban district impact component of the fee and all interest accrued on such funds shall be used for urban district park capital facilities within the city.
(2) Police impact component. Proceeds collected from the police impact component of the fee and all interest accrued on such funds shall be used for police capital facilities within the city.
(3) Fire impact component. Proceeds collected from the fire impact component of the fee and all interest accrued on such funds shall be used for fire capital facilities within the city.
(4) Proceeds collected from the parks, police and fire impact component of the fee and all interest accrued on such funds may also be used for periodic engineering and planning studies to update the fee structure as may be required from time to time.
(D) Investment of fees in interest bearing accounts. Any proceeds in each of the trust accounts on deposit, not immediately necessary for expenditure, shall be invested in interest bearing assets. All income derived from these investments shall be retained in the applicable trust account.
(E) Annual recommendation for expenditure of fees. At least once each year the City Manager or his designee shall propose appropriations to be spent from the individual trust accounts to the City Council. After review of the City Manager's recommendation, the City Council shall either approve, modify, or deny the recommended expenditures of the trust account monies. Any amounts not appropriated from the trust accounts together with any interest earnings shall be carried over in the specific trust account to the following fiscal period.
(F) Return of fees if not spent for capital improvements.
(1) (a) Any fees collected shall be returned to the feepayer or his successor in interest if the fees have not been spent within seven (7) years from the date the building permit for the development was issued, along with interest of six percent (6%) a year. Provided, however, that the City Council may by resolution extend for up to three (3) years the date at which fees must be refunded. Such an extension shall be made upon a finding that within such three (3) year period, specific capital improvements are planned and evidenced by the adoption and incorporation into the city's comprehensive plan, that these capital improvements shall be constructed within the next three (3) years, that these improvements are reasonably attributable to the feepayer's land development activity, and that the fees whose time of refund is extended shall be spent for these capital improvements. Fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent.
(b) The refund of fees shall be undertaken through the following process:
1. A refund application shall be submitted within one (1) year following the end of the sixth year from the date on which the building permit was issued on the proposed development. If the time of refund has been extended pursuant to this division (F), the refund application shall be submitted within one (1) year following the end of this extension.
2. The refund application shall include the following information:
a. A copy of the dated receipt issued for payment of the fee;
b. A copy of the building permit;
c. A copy of the receipt issued by the City Council for payment of the fee; and if applicable,
d. Evidence that the applicant is the successor in interest to the feepayer.
(2) Within thirty (30) days of the receipt of the refund application, the City Manager shall determine if it is complete. If the City Manager determines the application is not complete, a written statement specifying the deficiencies shall be mailed to the person submitting the application. Unless the deficiencies are corrected, the City Manager shall take no further action on the refund application.
(3) When the City Manager determines the refund application is complete, the refund shall be approved within thirty (30) days if it is determined the feepayer or any successor in interest has paid a fee that the city has not spent within the period of time permitted under this section. The refund shall include the fee paid plus interest of six percent (6%) a year.
(4) Any feepayer, or any successor in interest, may appeal the decision of a refund application by filing a petition with the City Council within thirty (30) days of the decision. In reviewing the City Manager's decision, the City Council shall use the standards established in division (1) above.
('74 Code, § 8-223) (Ord. 89-03, passed 3-3-89; Am. Ord. 97-14, passed 4-17-97; Am. Ord. 2003-23, passed 6-19-03)