§ 1102. Impact Fee Determination.

Editor's note— Ord. No. 17-24 , § 3(Exh. A), adopted Dec. 7, 2017, repealed the former § 1102, §§ 1102.1—1102.3, and enacted a new § 1102, as set out herein. The former § 1102 pertained to impact fees to be imposed and derived from Ord. No. 15-29, § 3(Exh. A), adopted Dec. 3, 2015 and Ord. No. 15-43 , § 4(Exh. B), adopted Dec. 3, 2015.

1102.1.   Fee Obligation.

A.

Obligation. Any Impact-Generating Land Development, unless exempted pursuant to Section 1102.2, shall be obligated to pay Impact Fees as required by this chapter. The person commencing the Impact-Generating Land Development, or such person's Successor-in-Interest, shall be obligated to pay the Impact Fees. The amount of the Fees shall be determined in accordance with Section 1102.3.

B.

Fees Levied. The Board hereby imposes Impact Fees at the rates established pursuant to Section 1102.3.A (Fee Schedule) for all Impact-Generating Land Development.

C.

Time Fees Paid. Impact Fees shall be paid to the County:

1.

At time of issuance of a Building Permit for additions/changes of use, should there be an increase in impacts on County Capital Facilities;

2.

Prior to Final Plan Approval or its functional equivalent where no Building Permit is required (e.g., "AP," "FSP," etc.);

3.

Prior to installation of the required improvements release by the Building and Development Services Department for recreational vehicle parks;

4.

Prior to issuance of a Certificate of Occupancy or Certificate of Completion (as the case may be), for all other development.

D.

Extension of Previous Permit. If the Feepayer applies for an extension of a Building Permit and Impact Fees have not been paid prior to the time the extension is requested, the Impact Fees due for the development subject to the extension shall be the Impact Fees in effect at the time the extension is requested.

E.

Change of Use. For a building permit to allow a change of use of an existing building, the Impact Fees required to be paid shall be based on the net increase for the new use as compared to the previous use.

F.

Building Additions. For a building permit to expand an existing building, the Impact Fees required to be paid shall be based on the net increase in development units.

(Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

1102.2.   Exemptions.

The following types of development shall be exempted from payment of Impact Fees.

A.

Reconstruction, expansion, or replacement of a previously existing residential structure that does not increase the number of Dwelling Units;

B.

The replacement of a destroyed or partially destroyed non-residential building or structure with a new non-residential building or structure of the same use as the original structure, where there is no increase in development units;

C.

Construction of unoccupied accessory structures related to residential development and ancillary structures related to non-residential development, which provide support functions that are not Impact-Generating Land Development;

D.

Impact-Generating Land Development undertaken by a Federal, State, County or Municipal government or a fire district;

E.

Impact-Generating Land Development undertaken by a public school board or community college; and

F.

Impact-Generating Land Development undertaken by the Manatee County Port Authority within PDPM (Planned Development Port Manatee) provided in Section 402.18 of the Manatee County Land Development Code where the structures are owned by the Manatee County Port Authority. This exemption shall not include Impact-Generating Land Development undertaken within PDPM (Planned Development Port Manatee) where structures are owned by a person other than the Manatee County Port Authority, in which event the structure itself and any land leased by the Manatee County Port Authority to that person shall be subject to the requirements of this chapter.

(Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

1102.3.   Calculation of Amount of Impact Fees.

The amount of Impact Fees due shall be determined pursuant to the provisions of this subsection by the County Impact Fee Administrator, as specified below:

A.

Fee Schedule. The Impact Fee Schedule is included in this chapter as Exhibit 11-1: Impact Fee Schedule, and incorporated herein by reference.

1.

During the time period commencing on April 18, 2016 and ending on April 17, 2017, the impact fee shall be eighty percent (80%) of the amount set forth in the above schedule.

2.

During the time period commencing on April 18, 2017 and continuing thereafter, the impact fee shall be ninety percent (90%) of the amount set forth in the above schedule.

The County Impact Fee Administrator shall make a determination as to the appropriate land use designation listed in the Impact Fee Schedule, based upon the nature and intent of a proposed development. Fees shall be reduced to account for existing structures and uses. The net impact fee determination may be appealed to the Board of County Commissioners.

B.

Uses Not Listed. If the Impact-Generating Land Development is of a type not listed in Exhibit 11-1: Impact Fee Schedule, then the County Impact Fee Administrator shall be responsible for determining a comparable use. If there is no comparable use, the Impact Fees shall be determined by an Independent Impact Analysis.

C.

Mix of Uses. In urban areas or suburban activity centers, impact fees assessed on buildings that include a vertical mix of uses shall be determined by adding together the individual uses as if each were a freestanding use.

D.

Independent Impact Analysis. The County Impact Fee Administrator may allow or require Impact Fees to be determined by an Independent Impact Analysis for the proposed Impact-Generating Land Development. The Independent Impact Analysis must demonstrate by competent substantial evidence that the data, assumptions, and service units used in the Impact Fee Study and reflected in Exhibit 11-1 are less accurate than the results of the Independent Impact Analysis.

An Independent Impact Analysis shall be based on the most recent and localized data, shall be based on the same Capital Public Facility Standards and unit costs for Improvements for County Capital Facilities used in the Impact Fee Study, and shall document the relevant methodologies and assumptions used. In the case of the Multimodal Transportation Impact Fee, the Independent Impact Analysis shall use the formulas used in the Impact Fee Study to determine travel demand and the amount of Impact Fees, but may attempt to demonstrate that alternate trip generation rates, by development type, alternate trip rate adjustment, and/or alternate trip length adjustment more accurately reflect the transportation impacts of the proposed Impact-Generating Land Development. In the case of each of the other Impact Fee Components, the Independent Impact Analysis shall use the formulas used in the Impact Fee Study for the appropriate component, but may attempt to demonstrate that the number of service units per development unit vary from the rates used in the Impact Fee Study. The County Impact Fee Administrator shall render a written decision accepting, accepting with modifications, or rejecting the Independent Impact Analysis.

(Ord. No. 17-24 , § 3(Exh. A), 12-7-17; Ord. No. 18-07 , § 3, 3-20-18)