(Ord. No , 1, )

Transcription

1 ARTICLE VIII. - EDUCATIONAL SYSTEM IMPACT FEE Sec Short title. This article shall be known and cited as the "Sarasota County Educational System Impact Fee Ordinance." Sec Findings. (a) In 2004, the School Board adopted a resolution which requests the County to adopt an Educational System Impact Fee which requires future Principal Residential Uses to contribute their fair share of the cost of capital improvements and additions to the Educational System which are necessary to accommodate such growth. In 2015, the School Board requested that the Educational System Impact Fee be revised to address large scale residential developments that are no longer classified as developments of regional impact, and to address changes in the law applicable to such fees. (b) The School Board has determined that ad valorem tax revenue and other revenues will not be sufficient to provide the capital improvements and additions to the Educational System, which is necessary to accommodate such growth. (c) Part II of Chapter 163, Florida Statutes, requires the County to adopt a Comprehensive Plan containing a capital improvements element, which considers the need and location of public facilities within its areas of jurisdiction and the projected revenue source, which will be utilized to fund these facilities. (d) Pursuant to F.S , the School Board and the County are required to coordinate the planning of Educational Facilities with the planning of Principal Residential Uses and the providing of other necessary services. Moreover, F.S , requires Educational Facilities to be consistent with the Comprehensive Plan and the implementing land development regulations. The School Board and the County entered into an interlocal agreement with respect public school facility planning on July 23, (e) The implementation of an Educational System Impact Fee to require future growth to contribute its fair share of the cost of growth necessitated capital improvements to the Educational System promotes the general welfare of the citizens of Sarasota County. The provision of Educational Facilities, which are adequate for the needs of growth, is in the general welfare of all County residents and constitutes a public purpose. (f) The implementation of an Educational System Impact Fee to require future growth to contribute its fair share of the cost of required capital improvements and additions is an integral and vital element of the regulatory plan of growth management in the County. (g) The projected capital improvements to the Educational System and the allocation of projected costs between those necessary to serve existing development and those required to accommodate the educational needs of future Principal Residential Uses as presented in the study entitled "Sarasota County Schools Educational Systems Impact Fee Update Study" dated October 9, 2015, is hereby approved and adopted by the County and such study is found to be consistent with the Comprehensive Plan. (h) Interlocal agreements have been established to provide for the imposition and implementation of the Educational System Impact Fee within all areas of the County. The adopted interlocal agreements provide for the consistent collection and administration of the Educational System Impact Fee throughout the County and include provisions whereby the School Board agrees to defend, indemnify and hold the County and the Municipalities harmless from and against all liability, claims and suits, costs and attorney fees in any manner connected with Ordinance No or any future amendments or successors thereto, unless caused by the sole negligence of the County or the Municipalities. (i) The required improvements and additions to the Educational System needed to eliminate any deficiencies shall be financed by revenue sources of the School Board other than Educational System Impact Fees. (j) It is the intent of the Board that this article be one technique within an overall County growth management program as set forth in the County Comprehensive Plan. (k)

2 (l) The Board has considered the matter of financing additional Educational System Projects, the need for which is reasonably related to new residential development. The Board hereby finds and declares that an Impact Fee imposed upon residential development to finance Educational System Projects, the need for which is reasonably related to new residential development, furthers the public health, safety and welfare of the County. Therefore, the Board deems it advisable to adopt this article as hereinafter set forth. The Board sitting as the Sarasota County Land Development Regulation Commission has reviewed this proposed Article III, Chapter 70, of the Sarasota County Code and has found that it is consistent with the County Comprehensive Plan. (Ord. No , 1, ; Ord. No , 2, ) Sec Intent. (a) This article is intended to impose a fee, payable at the time of Certificate of Occupancy issuance, in an amount based upon the average amount of new Educational System Project Demand attributable to new residential development and the average cost of providing the Educational System Projects needed to serve the new residents at the level of service adopted in this article. This article shall not be construed to authorize imposition of fees for Educational System needs attributable to existing development. This article is not intended to affect the use of property, the density of development, the design of a site or buildings or any other attribute of development, which is regulated by the County Land Development Regulations, which is in compliance with the Comprehensive Plan. This article is intended to allow new development to share in the burdens of providing facilities necessitated by growth. New development shares in this burden by paying a pro rata share for the reasonably anticipated average costs of Educational System Project Demands created by new residential development at the prescribed levels of service as well as complying with other appropriate development approval conditions. (b) Towards this end, the Impact Fees adopted pursuant to this proposed Article VIII, Chapter 70, of the Sarasota County Code are based upon the most recent and localized data and calculation methodology incorporated in the Study entitled "Sarasota County Schools Educational Systems Impact Fee Update Study (October 9, 2015)". (Ord. No , 1, ; Ord. No , 2, ) Sec Authority. In the creation of the Educational System Impact Fees, the Board is exercising its Sarasota County Charter home rule powers and its local authority, including police powers, pursuant to Article VIII, Section 1(g) of the Florida Constitution and F.S. ch. 163, pt. II, as amended. The aforementioned provisions authorize and require the County: to provide and finance public facilities; to provide for the health, safety and general welfare of the County; to coordinate the provision of adequate public facilities with land development; and to implement its Comprehensive Plan. Furthermore, the Local Government Comprehensive Planning and Land Development Regulation Act, F.S (3), encourages the use of innovative land development regulations, including Impact Fees. The provisions of this article shall not be construed to limit the scope of the power necessary to accomplish these purposes. (Ord. No , 1, ; Ord. No , 3, ) Sec Definitions. As applied in this article, the following words and terms shall have the following meaning, unless another meaning is clearly intended: Accessory Building or Structure shall mean a detached, subordinate building, the use of which is clearly indicated and related to the use of the principal building or use of the land and which is located on the same lot as the principal building or use. Affordable Housing shall mean a Dwelling Unit which is offered for sale or rent to Low-Income Persons or Very-Low- Income Persons and which monthly rent or monthly mortgage payments, including taxes, insurance and utilities, do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross income for Low-

3 Income Persons and Very-Low-Income Persons. The selling price of a Dwelling Unit must be less than the amount specified in the latest Sarasota County Local Housing Assistance Plan for the Housing Partnership Program to qualify as Affordable Housing. Ancillary Plant shall mean the buildings, sites and site improvements necessary to provide support services to educational programs and shall include, but not be limited to, such facilities as vehicle maintenance, warehouses, maintenance or administrative buildings not located at Educational Plants. Any such building, site or site improvement may be independently referred to as an Ancillary Facility. Applicant shall mean the property owner, or duly designated agent of the property owner, of land on which a Certificate of Occupancy is requested and an Educational System Impact Fee is due pursuant to this article. Auxiliary Facilities shall mean those portions of an Educational Plant, which are not designated for Student Occupant Stations. Board shall mean the Board of County Commissioners of Sarasota County, Florida. Building Permit shall mean the permit required for new construction and additions pursuant to the Sarasota County Zoning Ordinance, as amended, and the Land Development Regulations of Sarasota County, as amended, and any comparable permit authorized by local ordinance of a Municipality in Sarasota County. Certificate of Occupancy shall mean a Certificate of Occupancy issued by the Sarasota County government pursuant to the County building code or equivalent municipal permit. If no Certificate of Occupancy is required for the construction or occupation of a structure then the term shall be deemed to include the Building Permit or other form of final County approval or equivalent municipal permit or approval for the construction or occupancy of a structure. The term "Certificate of Occupancy," as used in this article, shall be deemed to include any comparable permit authorized by local ordinance of a Municipality in Sarasota County. The term "Certificate of Occupancy," as used in this article, shall be deemed to include a Mobile Home installation permit issued pursuant to the County building code or any equivalent permit or approval authorized by local ordinance of a Municipality in Sarasota County. Collecting Agency shall mean the County or municipal department or official authorized to issue Certificates of Occupancy. Comprehensive Plan shall mean the document adopted and amended from time to time by the Board of County Commissioners and filed with the Clerk of said Board pursuant to Ordinance No , as amended. Comprehensive Plan shall mean those portions of APOXSEE adopted by the Board of County Commissioners pursuant to Ordinance No , as amended, as the Sarasota County Comprehensive Plan as required by F.S. ch. 163, pt. II (F.S et seq.), or the Comprehensive Plan adopted by the City Council of a Municipality. County shall mean the County of Sarasota, Florida, a geographical area and a political subdivision of the State of Florida. County Land Development Regulations shall mean County Ordinance No , as amended and a codified in Chapter 74 of the Sarasota County Code. County Zoning Code shall mean County Ordinance No , as amended and as codified as Appendix A to the Sarasota County Code. Demand shall mean the average increment of the Educational System Projects that a Principal Residential Use would consume. Developer Contribution Credit shall mean a credit against educational system impact fees granted in accordance with Florida Statutes (16)(b), (6)(h)2.b., and under section (b) of this article.

4 Dwelling Unit shall mean a room or rooms connected together, constituting a separate, independent housekeeping entity for owner occupancy or rental or lease on a daily, weekly, monthly or longer basis, and physically separated from any other rooms or Dwelling Units which may be in the same structure and containing sleeping and sanitary facilities and one kitchen. The term "Dwelling Unit," as used in this article, shall be deemed to include Mobile Home dwellings. Educational Facilities shall mean the building, furniture and equipment that are built, installed or established to serve educational purposes and are designated for student occupant stations or to facilitate the delivery of educational services. Educational Plant shall mean the land, building, furniture, equipment and site improvements necessary to accommodate students, faculty, administrators, staff and the activities of the educational programs and services for each student and shall include both the Educational Facilities and Auxiliary Facilities. Educational System shall mean the Educational Plants and Ancillary Plants, which are used to provide instruction within the Public Schools or the administrative or support activities related thereto. Educational System Projects shall mean required improvements and additions to the Educational System needed to provide additional capacity to accommodate new residential development. Educational System Impact Fee shall mean the Impact Fee imposed pursuant to section of this article, as it may be amended from time to time. Educational System Impact Fee District shall mean the district created pursuant to section of this article. Educational System Impact Fee Trust Account shall mean the separate trust account created pursuant to section of this article. Housing for Older Persons shall mean Residential Dwelling Units that (1) are within a community or subdivision that is operated as Housing for Older Persons in compliance with the terms and provisions of the Federal Fair Housing Act, Title VIII of the Civil Rights Acts of 1968, as amended by the Fair Housing Amendments Act of 1988 and the Housing for Older Persons Act of 1995, 42 U.S.C , or its statutory successor in function; and (2) prohibit any person under the age of 18 years of age from residing within any Dwelling Unit on the property as a permanent resident, as evidenced by a recorded declaration of covenants and restrictions that runs with the land and is not subject to revocation or amendment for a period of at least 30 years from the date of recording. Impact Fee shall mean a monetary exaction imposed at the time of issuance of a Certificate of Occupancy on a pro rata basis in accordance with the average Demand for Educational Facilities created by the development of a Principal Residential Use. Impact Fee Administrator shall mean the Sarasota County official responsible for administration, implementation and interpretation of all impact fee ordinances, policies and manuals. Absent an Impact Fee Administrator, the County Administrator or designee shall be responsible for administration of all impact fee ordinances. Low-Income Persons shall mean one or more natural persons, the total adjusted gross household income of which does not exceed 80 percent of the median adjusted gross income for households within the Sarasota-Bradenton, Florida, metropolitan statistical area as reported by the U.S. Department of Housing and Urban Development or its governmental successor in function. Mobile Home shall mean a detached Single-Family Dwelling Unit with all of the following characteristics: (1) designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; (2) designed for transportation after fabrication on streets or highways on its own wheels; and (3) arriving at the site where it is to be

5 occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like. A travel trailer is not to be considered as a Mobile Home. Multifamily Dwelling Units shall mean a structure containing two or more Dwelling Units. Municipality shall mean one of the following: the City of Sarasota, the City of Venice, the City of North Port, or the Town of Longboat Key. Owner shall mean the Person holding legal title to the real property upon which Principal Residential Uses are to be built. Person shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity. Principal Residential Use shall mean the carrying out of any legal residential building activity or the making of any material change in the use of a residential structure or land that requires the issuance of a Certificate of Occupancy and which is designed or intended to permit more Dwelling Units than the existing use or non-use of land contains. Public Schools shall mean all kindergarten classes; elementary, middle and high school grades and special classes; and all adult, part-time, vocational and evening schools, courses or classes operated by law under the control of the School Board. Residential Use shall mean a Dwelling Unit or Dwelling Units. School Board shall mean the School Board of Sarasota County, Florida, which is the governing body of the School District of Sarasota County, Florida. Service Charge shall mean a charge, in addition to the applicable Impact Fee amount, for actual costs associated with the establishment, amendment and annual updates of the Impact Fee Ordinance and for costs associated with the Certificate of Occupancy and financial administration of the Impact Fee Ordinance. The Service Charge shall be established by resolution of the Board as part of the annual review provided for in section of this article or at such other times as deemed necessary based upon information submitted by the County Administrator. The Service Charge is in addition to and shall be paid separately from the Impact Fee, but shall be payable at the time of Certificate of Occupancy issuance and shall be for the sole purpose of defraying the actual costs as provided herein. Single-Family Dwelling Unit shall mean a structure containing only one Dwelling Unit. Student Occupant Station shall mean the area necessary for a student to engage in educational activities, excluding ancillary and auxiliary spaces. Superintendent shall mean the chief administrative officer of the Public Schools, as appointed by the School Board or the designee of such Person. Very-Low-Income Persons shall mean one or more natural persons, the total adjusted gross household income of which does not exceed 50 percent of the median adjusted gross income for households within the Sarasota-Bradenton, Florida, metropolitan statistical area as reported by the U.S. Department of Housing and Urban Development or its governmental successor in function. (Ord. No , 1, ; Ord. No , 2, ; Ord. No , 4, ) Sec Exemptions. (a) The following shall be exempted from payment of the Educational System Impact Fees: (1) Alterations or expansion of an existing Dwelling Unit where no additional Dwelling Units are created. (2) The construction of Accessory Buildings or Structures, which will not create additional Dwelling Units.

6 (3) (4) (5) (6) The replacement of a Dwelling Unit where no additional Dwelling Units are created and where the existing and replacement Dwelling Units are located on the same lot. A Certificate of Occupancy must have been issued for such replacement Dwelling Unit within five years of the date the previous Dwelling Unit was previously occupied; otherwise no exemption shall be granted. The issuance of a tie-down permit for a Mobile Home on which the applicable Educational System Impact Fee has previously been paid for the lot upon which the Mobile Home is to be situated. Government-owned Principal Residential Use. Any Principal Residential Use that qualifies as Affordable Housing and meets the following requirements: a. Any Person seeking an Affordable Housing exemption for an owner occupied Principal Residential Use shall file with the Superintendent an Application for Exemption prior to taking title to the Dwelling Unit. The Application for Exemption for an owner occupied Principal Residential Use shall contain the following: 1. The name and address of the Owner and the Person seeking the Affordable Housing Exemption; 2. The legal description of the Principal Residential Use; 3. The proposed selling price which price must be less than the amount specified in the latest Sarasota County Housing Assistance Plan for the Housing Partnership Program in order to qualify as Affordable Housing; 4. Evidence that the Principal Residential Use shall be occupied by Low-Income or Very-Low-Income Persons; 5. Evidence that the Principal Residential Use shall be occupied as the legal homestead of the Person seeking the Affordable Housing Exemption; b. Any Person seeking an Affordable Housing exemption for a rental Principal Residential Use located within a qualifying multifamily rental project shall file with the Superintendent an Application for Exemption prior to receiving a Certificate of Occupancy for the proposed Principal Residential Use. The Application for Exemption for the rental Principal Residential Use shall contain the following: 1. The name and address of the Owner; 2. The legal description of the Principal Residential Use; 3. The proposed rental rates; 4. Evidence that the Principal Residential Use shall be occupied by Low-Income or Very-Low-Income Persons; 5. Evidence that the Principal Residential Use is part of a multifamily project, which is funded by a governmental affordable housing program. c. If the Principal Residential Use meets the requirements for an Affordable Housing exemption, the Superintendent shall issue an exemption. 1. The Affordable Housing exemption for an owner occupied Principal Residential Use shall be implemented in the following manner. The Educational System Impact Fee shall be paid by the seller of the Dwelling Unit prior to the issuance of a Certificate of Occupancy as if no exemption had been granted. The person or persons determined by the Superintendent to be eligible to receive the Educational System Impact Fee exemption shall receive a payment from the School Board in the amount of the Educational System Impact Fee paid by the seller. The payment from the School Board shall be made no later than 30 days following the recording in the public records of a mortgage for the benefit of the School Board in the amount of the Educational Impact Fee exemption. The mortgage shall contain a due on sale clause requiring the payment of the Educational Impact Fee in the event that the Dwelling Unit is sold within five years from the date the Dwelling Unit is deeded to the person or persons receiving the exemption. The mortgage shall be a form that is approved by the Superintendent. 2. The Affordable Housing exemption for a rental Principal Residential Use shall be presented in lieu of payment of the Educational Impact Fee. d. The amount of the Educational Impact Fee shall not be increased to replace any revenue lost due to the

7 Affordable Housing exemption. e. In order to ensure the integrity of the Educational System Impact Fee program, all impact fees that are due and payable for Principal Residential Uses for which the Superintendent has issued an Affordable Housing exemption must be paid. Upon issuance of a Certificate of Occupancy, the School Board shall ensure that legally available non-impact Fee revenue equal to the amount of the exemption is posted to the Educational System Impact Fee Trust Account. (7) Any Principal Residential Use that qualifies as Housing for Older Persons and meets the following requirements: a. Any Person seeking a Housing for Older Persons exemption shall file with the Superintendent an Application for Exemption prior to receiving a Certificate of Occupancy for the proposed Principal Residential Use. The Application for Exemption shall contain the following: 1. The name and address of the Owner; 2. The legal description of the Principal Residential Use; 3. Evidence that the Principal Residential Use is within a community or subdivision that is operated as Housing for Older Persons in compliance with the terms and provisions of the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 and the Housing for Older Persons Act of 1995, 42 U.S.C , or its statutory successor in function; and 4. A copy of the recorded declaration of covenants and restrictions that run with the land, cannot be revoked or amended for a period of at least 30 years from recording, and that prohibit any person under the age of 18 years of age from residing within any Dwelling Unit on the property as a permanent resident. b. If the Principal Residential Use meets the requirements for a Housing for Older Persons exemption, the Superintendent shall issue an exemption. The exemption shall be presented in lieu of payment of the Educational System Impact Fee. c. The amount of the Educational System Impact Fee shall not be increased to replace any revenue lost due to the Housing for Older Persons Exemption. d. In the event the recorded declaration of covenants and restrictions is breached or otherwise modified within the 30-year period following recording such that persons under the age of 18 are allowed to reside as permanent residents in any Residential Dwelling Unit receiving a Housing for Older Persons exemption, the Educational System Impact Fee in effect at the time of the change in circumstances shall be due. (8) Principal Residential Uses located within the Sarasota County/City of Sarasota Enterprise Zone established by Sarasota County Resolution No , as amended, and as further described in the Enterprise Zone Plan, as amended, shall not be obligated to pay the applicable Educational System Impact Fee. (b) Notwithstanding section , this article shall not be applicable to Certificates of Occupancy if any application for the corresponding Building Permit has been submitted to and accepted by the County or Municipality prior to effective date and the Applicant proceeds to issuance of the Certificate of Occupancy without invalidation, suspension or abandonment of the corresponding Building Permit. (c) Where this article becomes applicable due to an increase in Dwelling Units for Residential Uses, the amount of the Impact Fee shall be based solely upon the increase in the number of Dwelling Units. (d) The exemption determination shall be made as of the date of the issuance of the Certificate of Occupancy for the Principal Residential Use. (Ord. No , 1, ; Ord. No , 2, ) Sec Establishment of an Educational System Impact Fee District. In furtherance of the implementation of this article, the Board hereby establishes one County-wide Educational System Impact Fee District including the unincorporated area of the County and all Municipalities within the County.

8 Sec Imposition of Impact Fee. (a) Unincorporated area. No Certificate of Occupancy shall be issued for a Principal Residential Use in the unincorporated area of Sarasota County unless the Applicant therefore has paid the applicable Impact Fee and Service Charge imposed by this article. Any Certificate of Occupancy issued for a Principal Residential Use in the unincorporated area without payment by the Applicant and collection by the County of the applicable Impact Fee and Service Charge as required by this article shall be null and void. (b) Municipalities within Sarasota County. No Certificate of Occupancy shall be issued for a Principal Residential Use within any Municipality in Sarasota County unless the Applicant therefore has paid the applicable Impact Fee and Service Charge imposed by this article. Any Certificate of Occupancy issued for a Principal Residential Use in the Municipality without payment by the Applicant and collection by the Municipality of the applicable Impact Fee and Service Charge as required by this article shall be null and void. (c) Authorized Nonpayment of Impact Fees. A valid Certificate of Occupancy may be issued by the County or Municipality without payment of the otherwise applicable impact fee if the Dwelling Unit is exempt pursuant to: (1) Section of this article; (2) The terms of a credit agreement under section of this article; or (3) The terms of a Developer Contribution Credit under section (b) of this article. (d) Temporary Suspension of the Imposition of Impact Fees. Notwithstanding the provisions of subsections (a) through (c) above, the County and any Municipality in Sarasota County shall be authorized to issue a Certificate of Occupancy for a Principal Residential Use without the payment of the applicable Impact Fee or Service Charge where both (i) an Applicant shall have submitted and the County or Municipality shall have accepted an application for the corresponding Building Permit during the period commencing December 15, 2010, and ending December 14, 2015, or a permit issued during this time period, and (ii) the Certificate of Occupancy for which the Building Permit was issued shall be issued prior to December 14, This temporary suspension of the imposition of Impact Fees shall automatically expire according to its own terms and the provisions of subsections (a) through (c) above shall apply to all Certificates of Occupancy issued in connection with Building Permit applications submitted after December 14, (Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 5, ) Sec Calculation of impact fee. (a) The Collecting Agency shall calculate the Impact Fee due by: (1) Verifying the number and type of Dwelling Units which are proposed to be constructed as shown on the Certificate of Occupancy application for the Principal Residential Use; (2) Multiplying the number of Dwelling Units by type represented by the Principal Residential Use by the applicable Impact Fee pursuant to subsection (b) of this section. (b) Applicable Educational System Impact Fee schedule. The following Educational System Impact Fee schedules are applicable to Principal Residential Uses where an application for the corresponding Building Permit was submitted to and accepted by the County or Municipality on or after May 1, 2004, provided, however, that the Applicant proceeds to issuance of a Certificate of Occupancy without invalidation, suspension or abandonment of the corresponding Building Permit: (1) Single-family: $2, per Dwelling Unit. (2) Multifamily: $ per Dwelling Unit. (3) Mobile Home: $ per Dwelling Unit. (c) Updated Educational System Impact Fee schedule. The following Educational System Impact Fee schedules are applicable to Principal Residential Uses where an application for the corresponding Building Permit was submitted to and accepted by the County or Municipality on or after May 1, 2016, provided, however, that the Applicant proceeds to issuance of a Certificate of Occupancy without invalidation, suspension or abandonment of the corresponding Building Permit: (1) Single-family: $2, per Dwelling Unit.

9 (2) Multifamily: $ per Dwelling Unit. (3) Mobile Home: $ per Dwelling Unit. (Ord. No , 1, ; Ord. No , 3, ; Ord. No , 6, ) Sec Administration of Impact Fees. (a) Collection of Impact Fee. Impact Fees calculated and imposed pursuant to this article and the Service Charge imposed hereby shall be collected by the applicable Collecting Agency upon issuance of a Certificate of Occupancy in the unincorporated County and/or in any Municipality. (b) Transfer of funds to School Board Finance Department. Impact Fees shall be transferred from the Collecting Agency to the School Board Finance Department for placement in the Educational System Impact Fee Trust Account which has been established pursuant to subsection (c) of this section. The Service Charge shall be placed in the account and disbursed as set forth in section (c) Trust fund established. The School Board shall establish a separate Educational System Impact Fee Trust Account to be maintained by the School Board. Impact Fees transferred to the School Board Finance Department shall be deposited into the Educational System Impact Fee Trust Account. (d) Use of funds collected. (1) The monies deposited into the Educational System Impact Fee Trust Account shall be used solely for the purpose of providing growth-necessitated capital improvements to Educational Plants and Ancillary Plants of the Educational System including, but not limited to: a. Land acquisition, including any cost of acquisition; b. Fees for professional services, including but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals, and construction management; c. Design and construction documents; d. Site development and on-site and off-site improvements incidental to the construction thereto; e. Any permitting or application fees necessary for the construction; f. Design and construction of Educational Plants and Ancillary Plants; g. Design and construction of drainage facilities required by the construction of Educational Plants and Ancillary Plants or improvements thereto; h. Relocating utilities required by the construction of Educational Plants and Ancillary Plants or improvements or additions thereto; i. Acquisition of furniture and equipment necessary to accommodate students, faculty, administrators, staff and the activities of the educational programs and services at Educational Plants which is necessitated by growth; j. Repayment of monies borrowed from any budgetary fund of the School Board which were used to fund growth necessitated capital improvements to the Educational Plants or Ancillary Plants subsequent to the effective date of this article; and k. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the School Board to fund growth-necessitated improvements and additions to the Educational System made subsequent to the effective date of this article. (2) The monies deposited into the Educational System Impact Fee Trust Account shall be used solely to provide capital improvements to the Educational System as necessitated by growth and shall not be used for any expenditure needed to eliminate existing deficiencies or that would be classified as a maintenance or repair expense. (3) All Impact Fee funds shall be utilized for Educational System Projects within the Sarasota County Educational System Impact Fee District. Sec Service Charge.

10 Service Charges shall be retained by each Collecting Agency for Certificate of Occupancy administration, to the County for financial administration, and to the County for the establishment, amendment and annual updates of the Impact Fee Ordinance and methodology, in percentages to be determined by resolution of the Board. Sec Refunds. (a) Upon application of the current property owner, the School Board shall refund the portions of any Impact Fee which have been on deposit for more than five years and which remain unexpended, unless the School Board makes findings: (1) To identify the specific Educational System Projects listed in the first two years of the current School Board Capital Improvements Program for which the Impact Fee will be expended, and the year in which the Educational System Projects will be constructed; and (2) To demonstrate a "rational nexus" between the Impact Fee and the Educational System Projects with respect to the applicable Principal Residential Use. (b) The current owner of the property must petition the School Board for the refund within one year following the fiveyear period or extension thereof granted pursuant to subsection (a) of this section. The time for filing a refund petition shall run from the date on which the Impact Fee was paid. (c) The petition must contain the following information: (1) A notarized sworn statement that the petitioner is the current owner of the property; (2) A copy of the dated receipt issued for payment of the Impact Fee; (3) A certified copy of the latest recorded deed for the property; and (4) A copy of the most recent ad valorem tax bill for the property. (d) Within one month from the date of receipt of a petition for refund, the School Board shall advise the petitioner of the status of the refund request. If the petition for refund meets all of the requirements of this section, the School Board shall issue the refund within three months from the date of receipt of the petition for refund. (e) Refunds shall be paid with interest at the rate of five percent per annum. Sec Credits. (a) New applications. (1) Any Applicant subject to an Impact Fee pursuant to this article who elects to undertake all or a portion of an Educational System Project or who escrows money with the School Board for an Educational System Project shall be eligible for a credit for such contribution against the Impact Fee otherwise due. The Applicant must, prior to the Applicant's construction, dedication or escrow, submit a petition to the Superintendent for a determination of credit eligibility. (2) A credit may be granted and the amount of the credit may be determined by the Superintendent if the proposed Educational System Project is in the School Board Capital Improvements Program. The amount of the Credit shall be based upon certified cost estimates submitted by the Applicant and approved by the Superintendent. In no event shall the credit exceed the amount of the otherwise applicable Impact Fee. (3) The Superintendent shall approve, deny, or approve with conditions the petition and establish the amount of credit within 60 days following the filing of a petition. (4) If a petition is approved for credit by the Superintendent, the Applicant and the School Board shall enter into a credit agreement which shall provide for the following, including but not limited to: (i) The timing of the actions to be taken by the Applicant and the obligations and responsibilities of the Applicant, including but not limited to the land acquisition and construction standards and requirements to be complied with; (ii) The obligations and responsibilities of the School Board, including but not limited to inspection of the project; and (iii) The amount of the credit or mechanism to be used to determine the value of dedicated property qualifying

11 for credit. Where the Applicant eligible for credit is not the property owner or agent of the property owner requesting a Certificate of Occupancy, such Applicant shall agree to provide recorded notice to subsequent owners of the property regarding the credit, if any, available to purchasers and shall agree to indemnify the School Board and County for any and all costs and liabilities arising from any claims related to the Impact Fee credit. If any credit available at the time of issuance of a Certificate of Occupancy is less than the Impact Fee otherwise due, the Applicant shall pay the Impact Fee less the credit at the time of Certificate of Occupancy issuance. (b) Developer Contribution Credit for Previously Approved Development Orders. (1) In consultation with the School Board and after public hearing, the governing body of a County or Municipality may amend an existing development order to provide a Developer Contribution Credit if the development order required the developer to make contributions for Educational Plants and/or Ancillary Plants of the Educational System that also address the same need and failed to provide for credits. A Developer Contribution Credit may be granted upon the governing body's determination that a Development Contribution Credit is appropriate after a recommendation from the School Board or upon submittal of a petition for Development Contribution Credit by the developer. The School Board shall, upon a determination that a Development Contribution Credit is appropriate, provide in writing a recommendation to the County or Municipality as to the total amount of the Development Contribution Credit to be provided, request that the County or Municipality modify the affected provisions of the development order as appropriate, and request that, upon approval of the development order modification for the Development Contribution Credit, Educational System Impact Fees be suspended or discounted for all Principal Residential Use within the development until the Development Contribution Credit has been consumed. The development order amendment may provide for direct reimbursement to the developer from educational system impact fees collected within the development if the developer can demonstrate that it is the party entitled to the reimbursement, and the developer enters into agreements to indemnify and hold harmless the School Board, the County, and municipality if applicable, for any and all costs, liabilities and claims by others relating in any way to the Development Contribution Credit and reimbursement. The County or Municipality shall be responsible for tracking and annually reporting to the School Board the number and type of residential building permits issued in the development and the amount of Development Contribution Credit remaining. (2) A petition for determination of a Development Contribution Credit submitted by a developer to the County or municipality shall include, at a minimum, the total dwelling units by type (single family, multifamily, etc.) approved by the applicable development order, but prior to any increases in the fees, the specific contributions provided by the developer for which credit is requested including the amount and date of monetary contributions, the date of transfer, appraised value and copy of the deed for any land contributions, and a detailed description and value of any other contributions. The developer shall also timely provide any other information requested in writing by the County, municipality and/or the School Board related to the petition. (3) Land and other contributions by a developer for Educational Plants and/or Ancillary Plants shall, for purposes of a Development Contribution Credit, be valued as of the date of dedication or contribution. In calculating a Development Contribution Credit, the value of appropriate development contributions shall be allocated on a per unit basis to the total approved residential development in the development, including residential development that occurred prior to the effective date of this article. Any Development Contribution Credit provided shall be reduced by the amount allocated to development prior to the effective date of this article and the filing of the petition, and adjusted as appropriate for development paying prior to any increase in fees. (Ord. No , 1, ; Ord. No , 2, ; Ord. No , 7, ) Sec Annual review. (a) Prior to January 1 of each year, the Superintendent shall prepare a report to the Board and the Municipalities on the subject of Educational System Impact Fees, which report shall incorporate; (1) Recommendations on amendments, if appropriate, to this article; (2) Proposed changes to the Impact Fee calculation methodology;

12 (3) Proposed changes to the Impact Fee calculation variables; (4) Proposed changes to Impact Fee rates or schedules. (b) The Superintendent, in preparing the annual report, shall obtain and review the following information: (1) A statement from the Collection Agencies, summarizing Impact Fees collected and transferred to the School Board during the preceding fiscal year; (2) A statement from the School Board summarizing impact fee expenditures and Educational System Projects initiated and completed during the preceding fiscal year by the School Board; (3) A statement from the School Board summarizing the amount of Impact Fees for which a waiver or exemption for Affordable Housing was granted under subsection (a)(6) of this article; (4) A statement from the School Board summarizing the number and type of Dwelling Units for which an Impact Fee Waiver or exemption was granted for Housing for Older Persons under subsection (a)(7) of this article; (5) A statement from the Collection Agencies summarizing the Certificates of Occupancy issued, by type of Principal Residential Use, during the preceding fiscal year; (6) A statement from the School Board that the Educational Facilities Projects undertaken with Impact Fee funds are consistent with the adopted School Board Capital Improvements Program; (c) Based on the annual report and such other factors as the Board deems relevant and appropriate, the Board may amend this article. (d) Any audits of financial statements which are performed by a certified public accountant pursuant to F.S , as amended, that are submitted to the auditor general must include an affidavit signed by the chief financial officer of the County or School Board providing for compliance with F.S , as amended. (e) Nothing herein precludes the Board or limits its discretion to amend this article at such other times as may be deemed necessary. (Ord. No , 1, ; Ord. No , 8, ) Sec Appeals. (a) After determination of: (i) the amount of the Impact Fee, which occurs at the time of issuance of the Certificate of Occupancy as defined in this article, (ii) the amount of the credit, which occurs at the time of issuance of a determination on a petition under section (a) through (d) of this article, or (iii) the amount of the refund due, which occurs at the time of issuance of a determination on a petition under section of this article, an Applicant may appeal such determination to the Impact Fee Administrator. The Impact Fee Administrator shall have 15 business days to respond in writing to the appeal request. Should the appeal request be denied, the Applicant shall have the right to file a notice of appeal with the Clerk of the Board within 30 days following the determination appeal request by the Impact Fee Administrator. The Impact Fee Administrator shall prepare a written response justifying the decision to deny the appeal request and cite applicable policies and rationale for the decision. The filing of an appeal shall stay the issuance of the Certificate of Occupancy unless a bond, letter of credit, or other surety has been filed with the County in an amount equal to the impact fee assessed and applicable surcharge. The Board shall base its decision on any appeal on the applicable standards and criteria established in this Article and the evidence presented by the Applicant and the Impact Fee Administrator at a properly advertised public hearing. The hearing shall be held within 60 days of receipt of the appeal request. The Board may uphold or revoke, in whole or in part, the determination being appealed and to that end shall have the powers of the administrative official from whom the appeal is taken. (b) The Impact Fee Administrator is authorized, without a hearing to the Board, to take such actions as are necessary to correct errors in the calculation and/or collection of Impact Fees which are the subject of an appeal timely filed in accordance with this article. (Ord. No , 1, ; Ord. No , 2, ; Ord. No , 9, ) Sec Effect of the Impact Fee on zoning and subdivision regulations.

13 This article shall not affect, in any manner, the permissible use of the property, density of development, design and improvement standards and requirements, or any other aspect of the development of land or provisions of public improvements subject to the land development regulations or other regulations of the County or Municipalities, which shall be operative and remain in full force and effect without limitation with respect to all such development. Sec Impact Fee as additional or supplemental requirement. The payment of Impact Fees is additional and supplemental to, and not in substitution of, any other requirements imposed by the County or Municipalities on the development of a Principal Residential Use or the issuance of a Certificate of Occupancy. Nothing in this article shall be construed as a guarantee of adequate public facilities at the time of development of any particular property. Sec Liberal construction. The provisions of this article shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. Sec Severability. Should any sentence, clause, part or provision of this article be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this article as a whole, or any part thereof other than the part declared to be invalid. Secs Reserved.