§ 2-29-87. Method of payment of impact fees.

(a)

The collecting government shall issue an impact fee statement to the applicant at the time of issuance of a residential development permit. Such impact fee statement shall set forth the amount of impact fee due. Failure of the collecting government to issue an impact fee statement shall in no event relieve any applicant of the obligation to pay the educational facilities impact fee. In the event the impact fee is not paid prior to the issuance of a certificate of occupancy or the occupancy of the structure, the school board or collecting government may take all legal or equitable means to collect the impact fee due. If no residential development permit is required prior to occupancy of a land development activity, the fee imposed by this division shall be payable prior to occupancy of the structure.

(b)

Payment of educational facilities impact fees shall be made to the collecting government. If the collecting government is not the government issuing the residential development permit, the collecting government shall issue a certificate of payment to the applicant for presentation to that government.

(c)

The payment of the educational facilities impact fee shall be in addition to any other impact fees, charges, or assessments due for the issuance of a residential development permit. As a collection allowance for the cost of administering and handling of such impact fees, the collecting government shall be permitted to impose on and retain from each feepayer an administrative fee of three and one-half (3½) per cent of the total educational facilities impact fee assessed over and above the amount of the impact fee collected.

(d)

A municipality, through an interlocal agreement with the school board and Manatee County, may arrange to collect the fees and pay them directly to the school board.

(e)

Educational facilities impact fees collected by a collecting government together with interest actually earned therefrom, if any, shall be segregated and held separately from all other revenues in a separate account and shall be transferred to the school board, after the school board establishes its trust account provided for in section 2-29-88 below, on a monthly basis by the fifteenth day of each month for those impact fees collected in the previous calendar month, or on such other schedule as provided by an interlocal agreement.

(f)

All impact fees collected shall be properly identified and promptly deposited and held in the Manatee Educational Facilities Impact Fee Trust Account upon receipt by the school board. Such funds shall be used solely for the purposes specified in section 2-29-88 below.

(g)

The failure of the county or a municipality to collect the required impact fee shall in no event relieve any applicant from the obligation to pay the fee imposed by this division.

(h)

The payment of the educational facilities impact fee shall not entitle the applicant to a residential development permit, building permit, or a certificate of occupancy, as such other requirement standards and approvals are independent of the requirements for payments of the educational facilities impact fee.

(Ord. No. 16-03, § 3(Exh. A), 1-7-16, eff. 4-18-16)