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 Manatee County
 Land Development Code
 Chapter 11. IMPACT FEES

  § 1103. Use of Impact Fee Funds.  

Latest version.

  • 1103.1.   County Impact Fee Funds and Accounts.

    A.

    Establishment of County Impact Fee Funds. County Impact Fee Funds are hereby established for the purpose of ensuring the Impact Fees collected pursuant to this chapter are designated for the provision of infrastructure necessitated by new Impact-Generating Land Development that paid the Impact Fees. One (1) County Impact Fee Fund shall be established for each Impact Fee. These Funds shall be maintained as interest bearing accounts.

    B.

    Establishment of Separate Accounts within Funds. For those Impact Fees that have more than one Benefit District, separate Accounts, as determined by the Clerk of the Court, shall be established for each Benefit District. For those Impact Fees that have a single Benefit District, the County Impact Fee Fund established for each such Impact Fee shall be treated as a separate Account, as determined by the Clerk of the Court.

    C.

    Deposit and Management of the County Impact Fee Accounts. All Impact Fees collected by the County pursuant to this chapter shall be identified as Impact Fees and shall be promptly deposited into the appropriate Account in the County Impact Fee Funds.

    D.

    Interest Earned on Fees. Interest earned on Impact Fee proceeds in any Account in any of the County Impact Fee Funds shall be considered part of such Account, and shall be subject to the same restrictions on use applicable to the Impact Fees deposited in such Account.

    E.

    Accounting and Reporting of Collections and Expenditures. The County shall account for the collections and expenditures of all Impact Fees in accordance with applicable law (including, without limitation, Section 163.31801(3)(b), Florida Statutes, and generally accepted governmental accounting practices.

    ( Ord. No. 15-43, § 4(Exh. B), 12-3-15 ; Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

    1103.2.   Limitations on Expenditures of Fees in Accounts.

    The monies collected for each Impact Fee Fund shall be used only (1) for the same category of County Capital Facilities, (2) to pay debt service on any bonded debt used to finance the acquisition or construction of that category of County Capital Facilities, or (3) to reimburse the County for such costs. The costs of County Capital Facilities also include the costs of related planning, design, engineering and permitting of such facilities.

    ( Ord. No. 15-43, § 4(Exh. B), 12-3-15 ; Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

    1103.3.   Money Spent on First-In/First-Out Basis.

    Monies in each Account shall be considered to be spent or encumbered in the order collected, on a first-in/first-out basis.

( Ord. No. 15-43, § 4(Exh. B), 12-3-15 ; Ord. No. 17-24 , § 3(Exh. A), 12-7-17)