§ 1104. Benefit Districts.
For the purpose of ensuring new development receives sufficient benefit for Impact Fees paid, the following benefit districts are established.
( Ord. No. 15-43, § 4(Exh. B), 12-3-15 ; Ord. No. 17-24 , § 3(Exh. A), 12-7-17)
1104.1. Benefit District for All Impact Fees except Multimodal Transportation.
For Parks and Natural Resources, Law Enforcement, Libraries and Public Safety, the Benefit District shall include the entirety of unincorporated Manatee County. Impact Fees collected on or after April 18, 2016, shall be expended within the Benefit District. Impact Fees collected before April 18, 2016, may also be utilized within incorporated areas, subject to applicable legal principles of rational nexus and rough proportionality.
(Ord. No. 17-24 , § 3(Exh. A), 12-7-17)
Editor's note— Ord. No. 17-24 , § 3(Exh. A), adopted Dec. 7, 2017, repealed the former § 1104.1, and enacted a new § 1104.1 as set out herein. The former § 1104.1 pertained parks and natural resources benefit district and derived from Ord. No. 15-43 , § 4(Exh. B), adopted Dec. 3, 2015.
1104.2. Multimodal Transportation Benefit Districts.
Four (4) Multimodal Transportation Benefit Districts are established: (1) the Northwest Multimodal Transportation Benefit District, (2) the Northeast Multimodal Transportation Benefit District, (3) the Southwest Multimodal Transportation Benefit District, and (4) the Southeast Multimodal Transportation Benefit District. The boundaries of all four (4) Multimodal Transportation Benefit Districts are shown on Exhibit 11-2: Multimodal Transportation Benefit Districts, which is incorporated herein by reference.
A.
Within Benefit District. Multimodal Transportation Impact Fees shall be expended within the Multimodal Transportation Benefit District from which the Fees have been collected, except as authorized pursuant to Section 1104.2.B.
B.
Outside Benefit District. Multimodal Transportation Impact Fees may be spent on improvements located outside the Benefit District in which the Impact-Generating Land Developments that paid the Impact Fees are located if the Board first makes a written determination that such expenditure will sufficiently benefit the Impact-Generating Land Developments located within the Multimodal Transportation Benefit District and that such expenditure will comply with the requirements of applicable law.
( Ord. No. 15-43, § 4(Exh. B), 12-3-15 )
1104.3. Impact Fee Administration.
The County Impact Fee Administrator shall be responsible for ensuring that Impact Fee collections and expenditures are in accordance with the Land Development Code.
(Ord. No. 17-24 , § 3(Exh. A), 12-7-17)
Editor's note— Ord. No. 17-24 , § 3(Exh. A), adopted Dec. 7, 2017, repealed the former § 1104.3, and enacted a new § 1104.3 as set out herein. The former § 1104.3 pertained to law enforcement benefit district and derived from Ord. No. 15-43 , § 3(Exh. B), adopted Dec. 3, 2015.
1104.4—1104.6. Reserved.