(A) Fee determined and paid at issuance of building permit.
(1) After the effective date of this subchapter, any person who shall commence any land development activity generating traffic that creates an increased demand on the major road network system shall be obligated to pay a fair share transportation facilities impact fee upon the commencement of such land development activity generating traffic in the manner and the amount set forth herein. The impact fee shall be determined and paid to the city at the time of issuance of a building permit for the development unless otherwise provided herein. No building permit shall be final until any applicable impact fee has been paid and the development complies with all provisions of this code of ordinances. If the building permit is for less than the entire development, the impact fee shall be computed separately for the amount of development covered by the building permit. The obligation to pay the impact fee shall run with the land. If the impact fee is due to be paid for land development activity generating traffic that increases the impact because of a change or increase in use, the impact fee shall be determined by computing the difference in the fee schedule between the new land development activity generating traffic and the existing land development activity.
(a) Agreement in lieu of payment.
1. In lieu of payment at the time of issuance of the building permit, non-residential, mixed use and multi-family land development activity may defer payment until the time of the certificate of occupancy, providing such payment is guaranteed through the execution of an Impact Fee Payment Agreement. In this case, the City will not issue the Certificate of Occupancy until the impact fee due has been paid.
2. The Developer shall be required to pay the impact fee rates applicable at the time the payment is made.
(b) Shell building. In those instances where a Developer has constructed a non-residential shell building, the payment may be deferred until the time of occupancy or three (3) years from the date of the Certificate of Occupancy, whichever comes first, providing such payment is guaranteed through the execution of an Impact Fee Payment Agreement.
(c) Economic development incentives. The City Council may, by Resolution, establish criteria for impact fee mitigation.
(d) Early payment. Payments made in full prior to issuance of a building permit may be made. Such payment amount shall be calculated based on the applicable fees effective at the time of payment. Fee increases following such payment shall not be retroactive for the project paying such fees. Any differential due at building permit issuance because of change in use or size of the project shall be calculated at the time of permit issuance. Such early payments are not subject to refund but may be credited to the land for a future project.
(2) Any developer who, prior to the effective date of this subchapter, agreed as a condition of development approval to pay city transportation impact fees, shall be responsible for the payment of the impact fees under the terms of such agreement, and the payment of such impact fees by the developer to the city will be offset against any transportation impact fees otherwise due at later stages of the land development activity for which the impact fee was paid. Any portion of transportation impact fees agreed to be paid to the city pursuant to a prior agreement that are greater than the impact fee established in this subchapter shall be refunded.
(3) Any traffic-related land agreed to be dedicated to the city as a condition of development approval shall be dedicated by either easement deed or warranty deed, at the option of the city, no later than the time of building permit issuance, and shall be eligible for a credit in accordance with the provisions of § 171.31.
(B) Fee agreement providing for credit towards the payment of fee. At any time prior to issuance of a building permit, the developer may enter into a fee agreement with the city providing for a credit towards the payment of the impact fee pursuant to the terms of this subchapter.
(C) Establishment of fee schedule.
(1) Any developer who is issued a building permit, except those preparing an individual traffic impact analyses of their proposed land development activity, shall pay an impact fee. Impact fees shall be established by the City Council by resolution.
(2) Biannually, and at the same time the City Council reviews the budget and capital improvement element of the city comprehensive plan, the City Manager or his designee 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 impact fee schedule. The purpose of this review is to insure that the impact fee charged of new land development activity generating traffic will not exceed its pro rata share for the reasonably anticipated expansion costs of transportation 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, § 15-85) (Ord. 91-10, passed 5-16-91; Am. Ord. 2003-23, passed 6-19-03; Am. Ord. 2006-53, passed 5-16-06; Am. Ord. 2008-26, passed 5-1-08; Am. Ord. 2012-05, passed 2-16-12; Am. Ord. 2013-52, passed 10-3-13)