(A) Pursuant to Ordinance No. 2718: Impact Fee Procedures, its terms, procedures, and processes, as set out in §§ 153.55 through 153.62, which are incorporated and adopted herein by reference, mutatis mutandis, the intergovernmental agreement between the county and the Clover School District, the intergovernmental agreement between the county and the Town of Clover, this section, and other applicable provisions of the county code, this public education facilities impact fee shall be adopted and imposed on all new residential development in the county that is located in the Clover School District, in accordance with Attachment A: The Clover School District Public Education Facilities Impact Fee Schedule which is attached to Ordinance No.3020 and is incorporated herein by reference.
(B) Definitions.
(1) Reference to impact fee procedures. Terms which are defined in Ordinance No. 2718: Impact Fee Procedures, and which are used herein shall have the meanings given in the Impact Fee Procedures, unless another meaning is plainly intended.
(2) Reference to York County Code of Ordinances. Terms which are defined in the York County Code of Ordinances and which are used herein shall have the meanings given in the York County Code of Ordinances, unless another meaning is plainly intended.
(3) Clover School District No.2 Impact Fees. For purposes of the Clover School District No.2 Impact Fee contemplated herein, the following words and terms shall have the meanings set forth herein, unless another meaning is clearly indicated.
ADOPTED LEVEL OF SERVICE (LOS) STANDARD. The amount of public education facilities (buildings, equipment and land) needed to accommodate an elementary, middle, and high school student as established in School Impact Fee Study and Capital Improvement Plan prepared for the Clover School District by TischlerBise (dated July 15, 2019, and finalized April 30, 2020), which is incorporated herein by reference ("Clover School District CIP").
CLOVER SCHOOL BOARD. The elected governing body of the Clover School District.
CLOVER SCHOOL DISTRICT. The Clover School District No.2.
COUNTY. York County, a political subdivision of the State of South Carolina, possessing all powers available generally to counties in South Carolina.
COUNTY COUNCIL. The elected governing body of York County.
DWELLING UNIT. Either single-family detached or multi-family units.
INDIVIDUAL ASSESSMENT OF DEVELOPMENT IMPACT. A study prepared by a fee payor, calculating the cost of capital improvements for public education facilities required to serve the fee payor's proposed development, that is based on the established level of service standards, the service units and unit construction costs, and methodology with respect to developments within the Clover School District, as identified in the Clover School District CIP, which assessment shall be performed in compliance with any standards for such studies established by this section.
INTERGOVERNMENTAL AGREEMENT. An agreement executed by the county and the Clover School District for the collection of public education facilities impact fees by the county, and the transfer of the fee revenues from the county and to the respective district, and for the expenditure of said revenues by such district for public education facilities, as herein defined, to accommodate new residential development.
NON-RESIDENTIAL DEVELOPMENT. All development other than a dwelling unit.
PUBLIC EDUCATION FACILITIES. The buildings, necessary equipment and furnishings and land for elementary, middle, and high schools (including the planning, design, engineering, and construction of the school buildings and associated playgrounds and recreation areas, parking, lighting, landscaping, sidewalks, internal streets, access roads and driveways; the costs associated with the acquisition of land; site preparation costs; and costs associated with the construction of new, or additions to or expansions of elementary, middle, and high school buildings; including capital equipment and vehicles as defined in S.C. Code § 6-1-920(g), all of which constitute system improvements for public education facilities).
PUBLIC EDUCATION FACILITIES IMPACT FEE. The fees imposed on new residential development on a proportionate share basis as a condition of development approval, which has been calculated to defray the costs of system improvements for the needed public education facilities identified in a capital improvements plan which is needed to accommodate new residential development, based on the level of service standard for the Clover School District.
RESIDENTIAL DEVELOPMENT. The development of one or more dwelling units.
STUDENT GENERATION RATE (SGR). The number of elementary, middle and high school students generated by a typical dwelling unit within the Clover School District used by the Clover School District for planning, capital improvements programming, the development of a capital improvement plan, and the development of proportionate share public education impact fees.
(C) Establishment of public education facilities impact fee service area and public education impact fee district. The Public Education Facilities Impact Fee shall be imposed and calculated within the service area for the Clover School District. The service area and Public Education Impact Fee District for the Clover School District is coterminous with the Clover School District boundaries. Impact fees collected within the Clover School District shall be spent within the Clover School District.
(D) Imposition of public education facilities impact fee.
(1) The Public Education Facilities Impact Fee shall be imposed on all new residential development in the Clover School District, unless the residential development is exempted, or a waiver is granted by the county pursuant to Ordinance No. 2718: Impact Fee Procedures. If an exemption or waiver is granted, the impact fees which otherwise would have been due shall be provided by the Clover School District, using funds available from sources other than Public Education Impact Fees; or unless otherwise exempted.
(2) Residential development in the unincorporated county within the Clover School District shall pay the fees at the time of issuance of a building permit. Residential development in the Town of Clover shall pay the fees at the time of issuance of a building permit. Fees shall be paid to the Permit Services Division in the County's Planning and Development Services Department. A building permit for residential development shall not be issued without confirmation, in writing, from the County Permit Services Division that the Clover School District Public Education Impact Fees have been paid in accordance with this section.
(E) Calculation of public education facilities impact fee.
(1) The county shall calculate the applicable Public Education Facilities Impact Fees due from a proposed residential development in accordance with the procedure set forth in Ordinance 2718: Impact Fee Procedures, the applicable intergovernmental agreement, this section, and the Clover School District CIP. The impact fee amount for the school district is established in Attachment A: Clover School District Public Education Facilities Impact Fee Schedule, which is attached to Ordinance No. 3020 and incorporated herein by reference.
(2) The following general procedure shall be followed by the county upon receipt of an application for a building permit for new residential development:
(a) Identify the number and type of dwelling units in the proposed new residential development;
(b) Multiply the number of dwelling units by the impact fee per the type of dwelling unit; and
(c) Receive payment of the calculated fee.
(3) In lieu of calculating the amount(s) of impact fees by reference to Attachment A, a fee payor may request that the amount of the required impact fees be determined by reference to an Individual Assessment of Development Impact for the proposed development.
(a) If a fee payor requests the use of an Individual Assessment of Development Impact, the fee payor shall be responsible for retaining a qualified professional to prepare the Individual Assessment of Development Impact that complies with the requirements of this section, at the fee payor's expense.
(b) Each individual assessment of development impact shall be based on the same level of service standards and system improvement costs for capital improvements for public education facilities used in the Clover School District CIP and shall document the relevant methodologies and assumptions used.
(c) Each Individual Assessment of Development Impact shall be submitted to the Director or a designee, and may be accepted, rejected, or accepted with modifications by the Director or a designee as the basis for calculating public education facilities impact fees. If an Individual Assessment of Development Impact is accepted or accepted with modifications by the Director or a designee as a more accurate measure of the demand for capital improvements for public education facilities created by the proposed new development than the applicable fees in Attachment A, then the impact fees due under this section shall be calculated according to such assessment.
(d) The decision of the Director regarding the Individual Assessment of Development Impact shall be final. A fee payor may appeal the Director's decision pursuant to the appeal procedures identified in Ordinance 2718: Impact Fee Procedures.
(F) Trust fund established. The county hereby establishes a separate account within its county financial accounting structure for the Clover School District. All public education facilities impact fees collected by the county for Public Education Facilities Impact Fees pursuant to this section shall be placed in the separate account until transferred to the school district for expenditure on public education facilities as herein defined. The impact fees shall be placed in interest-bearing account(s) and all interest earned and accruing to the account(s) shall become funds of the account(s), subject to the same limitations and restrictions on use and expenditure of funds that are applicable to Public Education Facilities Impact Fee funds.
(G) Limitations on use and expenditure of public education facilities impact fee funds. Public Education Facilities Impact Fee funds (including all accrued interest) shall be transferred by the county to the school district in accordance with the applicable intergovernmental agreement, and then used by the school district solely and exclusively for public education facilities as defined herein.
(H) Termination. The impact fee ordinance specifically adopted for public education-related public facilities in the Clover School District shall be terminated upon enactment and operation of an alternative and equivalent revenue source. These sources may include, but not be limited to, a specified sales tax, gas tax, and/or a proportionally equitable mobile home property tax. This impact fee section shall end when sufficient fees have been collected to fund all eligible projects that are identified in the Clover School District CIP. Upon termination of this section, all revenue generated for specified improvements shall be retained by the county for two years or until the respective school district requests a distribution of funds, whichever occurs sooner. The county shall refund any funds remaining in the trust fund after two years to any fee payor requesting a refund.
(Ord. 3020, passed 9-8-20)