HomeMy WebLinkAbout22-201RESOLUTION NO. 2022-201
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY REPEALING
RESOLUTION NO. 2019-288, ADOPTING A NEW IMPACT
FEES ADMINISTRATIVE PROCEDURES MANUAL,
PROVIDING FOR SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on January 28, 1986, the Board of County Commissioners of St. Lucie
County, Florida (the Board), approved Resolution No. 86-018 approving the St. Lucie
County Roads Impact Fees Administrative Procedures Manual addressing the
procedures and processes to be followed in the collection and implementation of the
County's Roads Impact Fee Program; and
WHEREAS, on December 17, 2019, the Board approved Resolution No. 2019-288,
which repealed Resolution No. 86-018 and adopted the St. Lucie County Impact Fees
Administrative Procedures; and
WHEREAS, the Board has since adopted and revised Impact Fees for parks,
libraries, public buildings, law enforcement, roads, and fire/EMS services, the regulating
ordinances for which are found in Chapter 24 of the St. Lucie County Code; and
WHEREAS, the Board wishes to repeal Resolution No. 2019-288 and adopt a new
St. Lucie County Impact Fees Administrative Procedures Manual.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of St. Lucie County, Florida:
SECTION 1. REPEAL. Resolution No. 2019-288 is hereby repealed through
adoption of this Resolution.
SECTION 2. ADOPTION. The Board hereby adopts the St. Lucie County Impact
Fee Administrative Procedures Manual, attached hereto as Exhibit A, for the purpose of
providing direction to staff and municipalities participating in the administration of St. Lucie
County's Impact Fee Program.
SECTION 3. SEVERABILITY. If any phrase or portion or part of this Resolution
is found to be invalid or unconstitutional by any court of competent jurisdiction, such
portion will be deemed a separate, distinct, and independent provision and such holding
will not affect the validity of the remaining portion.
SECTION 5. EFFECTIVE DATE. This Resolution will become effective
immediately upon its passage and adoption.
After the Motion and the second, the vote on this resolution was as follows:
Commissioner Sean Mitchell, Chair
AYE
Commissioner Frannie Hutchinson, Vice Chair
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Linda Bartz
ABSENT
Commissioner Cathy Townsend
AYE
PASSED AND DULY ADOPTED at the meeting of the Board of County
Commissioners of St. Lucie County, Florida on the 1 st day of November 2022.
ATTEST:
Deputy Clerk, Ex Officio
Deputy Clerk to the Board
APPROVED AS TO FORM:
Daniel S. Mclnty e
County Attorn
BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA
Sean Mitchell, Chair
E
ST. LUCIE COUNTY IMPACT FEE
ADMINISTRATIVE PROCEDURES MANUAL
I. Intent
The following St. Lucie County Impact Fee Administrative Procedures Manual (the
Manual) is intended to provide guidance to staff in administering the various County
assessed Impact Fees identified in Chapter 24 of the St. Lucie County Code. Terminology
used herein corresponds to the definition of words or phrases as defined in the various
County assessed Impact Fees identified in the St. Lucie County Code.
This Impact Fee Administrative Procedures Manual (or "Manual") contains supplemental
details regarding the process for administering St. Lucie County's Impact Fees relating to
Fire/EMS Protection, Law Enforcement, Library, Parks, Public Buildings, and Roads. The
Manual is not intended to replace or act as a governing document. Feepayers and staff
shall reference the current version of Chapter 24 of the St. Lucie County Code, in addition
to the Manual and most recent Impact Fee studies as supporting documents.
It is the intent of St. Lucie County to have administrative decisions governed by specific
criteria and Impact Fee methods documented in the various Impact Fee studies and the
legislative findings and intent articulated by the Board of County Commissioners ("Board")
in Chapter 24. The Board's findings and the legislative intent guide the implementation
and administration of Impact Fees.
II. Administration
The Impact Fee Program Manager, or designee, is responsible for implementation of the
County's adopted Impact Fees. Responsibilities of administering Impact Fees include:
1. Management of the Impact Fee program,
2. Calculation of Impact Fees for new or expanded development based on the
adopted fee schedule or by calculation as provided in Chapter 24 for land uses not
specified in a fee schedule.
3. Determination of exemptions.
4. Process any Alternative Impact Fee submissions.
5. Determination of credits, as specified in an Impact Fee credit agreement, or
other similar agreements.
6. Coordination of Impact Fee revenue collections and expenditures.
7. Process applications for refunds.
8. Monitor and advise on needed revisions to the County's Impact Fee program.
III. Imposition of Impact Fee
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A. Obligation. Unless expressly exempted in Chapter 24, all new
development that creates additional impact on the County Capital Facilities will be subject
to the Impact Fee obligations in Chapter 24. This requirement may include new
developments, additions to existing developments, change of use, and may involve both
indoor and outdoor land uses. The amount of Impact Fees owed is determined when a
building permit or electrical permit application, whichever occurs first, is submitted or as
otherwise provided in Chapter 24. Impact fees previously paid on prior structures, remain
with the land. At the time of future expansion or redevelopment of buildings that previously
paid an Impact Fee, an Impact Fee adjustment based on the previously use will be applied
to the expansion or redevelopment.
B. Applicant or Feepayer. An Applicant or Feepayer will have the same
meaning as set forth in Section 24-2.
C. Payment Due. All required Impact Fees must be paid as a condition of the
issuance of a building permit or an electrical permit for a mobile home or recreational
vehicle park. Payment will be made in the form of cash, personal check, cashier's check,
credit-card (plus an added service charge to cover fees) or money order payable to the
County or city, if a city has entered into an interlocal agreement to collect Impact Fees on
behalf of the County.
D. Determination of Fees. The amount of each Impact Fee due will be
determined by the Impact Fee Program Manager. The Impact Fee Program Manager
may utilize the Impact Fee Calculation Form attached hereto as Attachment A. The
Impact Fee Program Manager will determine the amount of each applicable Impact Fee
based on the applicable fee schedules set forth in Chapter 24, the Alternative Impact Fee
procedure set forth in Section 24-6 of the St. Lucie County Code, if applicable, or the
procedure set forth in Section IV of this Manual below for calculation of Impact Fees for
land uses not specified in a fee schedule.
E. Expiration of Building Permits. If a building or electrical permit expires and
no construction has commenced, the feepayer will be entitled to a refund of the Impact
Fee or fees paid as a condition for issuance of the building permit or electrical permit, as
applicable. If a feepayer receives such a refund and applies for a new building permit or
an electrical permit, as applicable, the feepayer must pay the appropriate Impact Fees in
effect at that time. Conversely, if a building or electrical permit expires, the feepayer
receives no refund, and applies for a new building permit or an electrical permit, as
applicable, the feepayer will pay the appropriate Impact Fees in effect at that time, less
the amount of Impact Fee or fees previously paid and not refunded.
The Impact Fee Program Manager will not grant a refund of the Impact Fee or fees paid
if the building or electrical permit expires and construction has commenced, as confirmed
through the completion of one or more successfully completed required inspections.
Impact Fee
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IV. Determination of Fee Based on Fee Schedule
A. Fee Schedules. Except as provided herein, the amount of Impact Fees
assessed to a project will be determined by the fee schedules set forth in Chapter 24 in
effect at the time of application. If the Land Use Category applicable to the development
activity proposed for permitting is not specified in the fee schedule, the Impact Fee
Program Manager will determine the Impact Fee pursuant to the procedures set forth in
Section V of this Manual.
B. Square Footage. Square footage will have the meaning set forth in Section
24-2 of the St. Lucie County Code and as further specified in this Manual below.
1. Residential. When the fee schedule for an Impact Fee set forth in
Chapter 24 separates Residential development by square footage, the square footage
used to determine the applicable Impact Fee rate will be calculated according to the
requirements in this section.
a. Single -Family Dwelling Unit. The square footage of a detached
single-family dwelling unit shall be measured from the outer perimeter of the primary walls
of the residential structure or use. Attached garages or areas that may be commonly
associated as serving the function or use of an attached garage that are located under
the main roofing structure of the single-family dwelling unit are not included in the square
footage computation. In the case of residential units with two (2) or more floors, each
floor area shall be computed and included in the gross floor area computation.
b. Multi -Family Dwelling Unit. The square footage of an attached
multi -family dwelling unit shall be measured from the outer perimeter of the primary walls
of the multi -family dwelling unit. Attached garages or areas that may be commonly
associated as serving the function or use of an attached garage that are located under
the main roofing structure of the multi -family dwelling unit are not included in the square
footage computation. In the case of a common wall condition, the common wall
measurement shall be midpoint of the shared wall between the units.
C. Attached Garages. Attached garages or areas that may be
commonly associated as serving the function or use of an attached garage that are
located under the main roofing structure of a single-family or multi -family dwelling unit are
not included in the square footage computation.
d. Porches. Porches, roofed patios, or similar use areas that are open
to the outside on one or more wall sides will not be considered part of the square footage
computation subject to Impact Fees.
e. Non-residential. Square footage for non-residential development will
be based on gross floor area, not leasable or net floor area, and refers to the total area
of all floors of a building as measured to the outside surface of exterior walls and including
halls, stairways, and elevator shafts that are under a roof. Porches, patios, and attached
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garages or areas that may be commonly associated as serving the function or use of an
attached garage that are located under the main roofing structure are not included in the
square footage computation.
2. If there is any outside seating area for a restaurant or similar use,
whether under a roof or not, or an outside display area for retail uses under roof, those
areas will be included in the square footage for Impact Fee calculation.
C. Mixed -Use Development. If a development includes both Residential and
Non -Residential land uses, the Impact Fees are to be assessed for each use based on
the fee schedules and the methods of computation described above. In some cases,
feepayers may suggest that the total Impact Fees should be reduced to account for
internal trips or other shared interactions between residential and non-residential land
uses and may seek an alternative Impact Fee pursuant to Section 24-6 of the St. Lucie
County Code.
D. Mixed -Use Construction. As distinguished from a Mixed -Use Development
described above, a particular structure may include auxiliary uses associated with the
primary land use. For example, in addition to the actual production of goods,
manufacturing facilities may also have office, warehouse, research, and other associated
functions. The Impact Fee generally should be assessed based on primary land use. If
the feepayer can document to the satisfaction of the Impact Fee Program Manager that
a secondary land use activity accounts for over 25 percent of the square footage of the
structure, then the building is considered mixed use construction and the Impact Fees
may be assessed separately for both the primary and secondary land uses.
E. Shell/Foundation Permit. Developers often apply for building permits to
construct the "shell" or the "foundation" of a building. In the case of a building permit for
a shell or foundation, another building permit is issued later for remodeling to finish
construction of the interior of the structure. The developer, as feepayer, will pay any
applicable Impact Fees as a condition of the issuance of the building permit for
construction of the shell or foundation. The amount of the Impact Fees is based on the
intended land use, as described by the developer, who is serving as feepayer. If the
intended land use is not known, any Impact Fees will be assessed based on the Land
Use Category which generates the greatest impact and which is allowed under the
existing zoning for the lot or parcel. If the Impact Fee Program Manager, during review
of the application for the subsequent building permit issued later for remodeling to finish
the construction of the interior of the structure, finds that the actual land use differs from
the intended land use as described by the feepayer during the application for the first
building permit, the Impact Fee Program Managerwill determine whetheror not additional
Impact Fees are due based on the procedures for Change of Use set forth in this Manual
below. If so, the feepayer will pay the additional Impact Fee as a condition of the issuance
of a new building permit for remodeling to finish the construction of the interior of
construction.
Ci
F. Change of Use. In the case of a change of use, redevelopment, or
modification of an existing use which requires the issuance of a building permit or
electrical permit for a mobile home or recreational vehicle, any Impact Fees will be based
upon the net increase in the Impact Fees for the new use as compared to the previous
use. If, however, the previous use has been either abandoned or otherwise inactive for
a period of two consecutive years prior to the permit request, then the Impact Fee
calculated shall be based on the new use with an adjustment for any Impact Fees paid
for the previous use. The Impact Fee Program Manager will determine the amount of the
Impact Fees due because of the change in use at the time that the feepayer applies for
the required building or electrical permit. The Impact Fees will be paid as a condition of
the issuance of a building permit or the electrical permit, as applicable. If the change of
use does not require the issuance of a permit, then the feepayer will not pay any Impact
Fees. Additionally, the Impact Fee Program Managerwill determine whetherthe new use
amounts to a change in use or is deemed an auxiliary/accessory use that would not
require additional Impact Fees. For example, if a professional office were converted to
retail space, the new retail space would generate additional demand for all Impact Fees,
with the exception of those that are collected only from residential land uses. The Impact
Fee Program Manager will then calculate the Impact Fees due because of a change of
use using the Change of Use Form, attached hereto as Attachment B. Under no
circumstances will a refund of the Impact Fee be granted for change of use.
G. Auxiliary (Accessory) Use. The Impact Fee Program Manager will not
assess an Impact Fee for auxiliary (accessory) land uses that are associated with but
incidental and subordinate to, the primary land use, such as a clubhouse or tennis court
in an apartment complex, unless the Impact Fee Program Manager can clearly establish
that the land use or activity serves as an individual attraction and will increase the impact
on the applicable Capital Facilities.
H. Additions and Expansions. When an existing structure or land use is added
onto or expanded, an additional Impact Fee may be required in instances where the
expansion increases the number of billing units under which the Impact Fee is calculated
in Chapter 24. Any Impact Fees will be based upon the net increase in the Impact Fees
for the new use as compared to the previous use. The Impact Fee Program Manager will
determine the amount of the Impact Fees due because of the addition or expansion at
the time that the feepayer applies for the required building or electrical permit. The Impact
Fees will be paid as a condition of the issuance of a building permit or the electrical permit,
as applicable. If the addition or expansion does not require the issuance of a permit, then
the feepayer will not pay any Impact Fees. Impact Fees will also not be paid for additions
or expansions of residential structures that do not increase the number of dwelling units
or a replacement of nonresidential structures of like size and use. The applicant is
responsible for providing the necessary documentation related to the details of the prior
structure. Examples of acceptable documentation include:
1. Signed and sealed survey or architectural drawing;
2. Records of a Building Official;
3. Property Appraiser records providing the details of the property;
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4. Aerial photography with clearly documented date;
5. Other documentation approved by the Impact Fee Program Manager.
I. House or Mobile Home Move. The Impact Fee Program will not assess any
Impact Fee for a house or mobile home move originating within St. Lucie County.
J. Mobile Homes and Recreational Vehicles. When a feepayer applies for an
electrical permit for a mobile home or a recreational vehicle, as a condition of the issuance
of that electrical permit, the feepayer will be required to pay Impact Fees in accordance
with the applicable fee schedules set forth in Chapter 24 of the St. Lucie County Code. If
the Applicant can document to the satisfaction of the Impact Fee Program Manager that
Impact Fees have previously been paid for a mobile home or recreational vehicle on the
same lot, parcel, space, or pad, and that the impact fee was not moved with the house or
mobile home as allowed in paragraph I. above, then no Impact Fees will be assessed on
that mobile home or recreational vehicle. When a feepayer seeks electrical permits for
construction of a new mobile home park, recreational vehicle park, or the expansion of
an existing mobile home park or recreational vehicle park, the Impact Fees for the mobile
home or recreational vehicle land use will be assessed for each new pad or space, and
the Impact Fees will be paid as a condition of the issuance of the first electrical permit.
K. Shopping Centers. Mixed retail or office uses often associated with the
main structure of a shopping center will not be assessed Impact Fees for those auxiliary
(accessory) uses. Instead, any Impact Fees will be based on the rates for
Retail/Shopping Center Land Use in the fee schedules set forth in Chapter 24.
L. Out Parcels. For the purpose of Impact Fees, out parcels are considered
free-standing land uses not associated with the primary land use of the main site or parcel.
As a condition of the issuance of a building permit for an out parcel, the feepayer must
pay Impact Fees based upon the appropriate Land Use Category and fee computation
method in the fee schedules set forth in Chapter 24.
V. Administrative Determination of Fee
A. Determination of Fee. Whenever possible, Impact Fees will be assessed in
accordance with land use categories in the fee schedules set forth in Chapter 24 . If the
Land Use Category applicable to the development activity proposed for permitting is not
specified in the fee schedule, the Impact Fee Program Manager will use the fee applicable
to the most nearly comparable Land Use Category on the published fee schedule. The
determination shall be based on the assumptions and methodology in the applicable
Impact Fee study and other relevant and professionally accepted indicators of demand.
B. If the Impact Fee Program Manager determines that there is no comparable
Land Use Category on the fee schedule, the Impact Fee Program Manager shall
determine the fee in accordance with the following procedures:
1. The Impact Fee Program Manager will calculate the appropriate
Impact Fee utilizing the methodology contained in the applicable Impact Fee Study. The
Impact Fee Program Manager will utilize as a standard in this determination the impact
assumed in the most similar Land Use Category or any other generally accepted standard
source of planning and cost impact analysis.
2. The Impact Fee Program Manager will provide the analysis of the
applicable Impact Fee to the County Administrator to support the County Administrator's
determination regarding the appropriate fee for those applications which have no
comparable Land Use Category pursuant to the applicable provisions of Chapter 24.
C. List of Land Use Categories. The Impact Fee Program Manager will
maintain a list of all Land Use Categories, including those for which no comparable Land
Use Category existed at the time of application for building or electrical permit and for
which Impact Fees were determined administratively pursuant to this Section.
D. An Applicant may elect to submit an Alternative Impact Fee proposal
pursuant to Section 24-6. Please see the Alternative Impact Fee provisions in Section VI
of this Manual.
VI. Alternative Impact Fee.
As described in Section 24-6, an applicant may submit an Alternative Impact Fee analysis
to demonstrate that a different level of impact should be the basis for the Impact Fee
obligation in lieu of the published fee schedule or an administratively determined fee if the
land use is not captured in the fee schedule. The following procedures apply to Alternative
Impact Fee applications:
A. Pre -application Meeting. Before beginning the Alternative Impact Fee
analysis, the applicant will attend a pre -application meeting with the Impact Fee Program
Manager. The purpose of the meeting will be to discuss the procedures, requirements,
methodology, and standards to be used in the analysis.
B. Included Land Use. If the Alternative Impact Fee calculation is being
prepared for a land use included in the published fee schedule, the applicant shall
demonstrate by competent substantial evidence that the data, assumptions, and service
units used in the Impact Fee Study are less accurate than the results of the Alternative
Impact Fee calculation. This can result in a requirement that all components of "linked"
data be considered. For example, in transportation Impact Fee methodologies, travel
demand is a function of trip rate and trip length; therefore, an independent analysis of one
will typically be required to also consider the other.
C. Calculation. An Alternative Impact Fee calculation will use most recent and
localized data for the demand component of the fees. It will be based on the same
methodologies, infrastructure standards, and costs used in the Impact Fee Study. In the
case of road Impact Fees, the Alternative Impact Fee calculation will use the formulas in
the Impact Fee Study to determine travel demand, but may also attempt to demonstrate
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that alternate trip generation rates, alternate capture rates, and alternate trip lengths more
accurately reflect the transportation impacts of the proposed impact -generating land
development. Supporting documentation will be provided through local data and may
include statistically valid surveys or a review of relevant professional literature. In the case
of Impact Fees for other types of infrastructure, the Alternative Impact Fee calculation will
use the formulas in the Impact Fee Study for the appropriate fee; however, may also
attempt to demonstrate that applicable service units per development unit vary from the
rates used in the study. Supporting documentation will include recent and local data and
may include statistically valid surveys or a review of relevant professional literature.
D. Review. Within thirty (30) calendar days after a determination that the
application and accompanying analysis are complete, the Impact Fee Program Manager
will render a written decision accepting, accepting with modifications, or rejecting the
Independent Impact Analysis based on the review standards below. The Impact Fee
Program Manager will consult with other County staff and may seek the advice of Impact
Fee consultants before rendering a decision. If an Independent Impact Analysis is
accepted, or accepted with modifications, then the Impact Fees will be determined by the
Independent Impact Analysis.
E. Standards. The standards for acceptance, modifications, or rejection, will
be based on whether the Alternative Impact Fee calculation demonstrates, by competent
substantial evidence, that an alternative Impact Fee amount more accurately reflects the
demands for County capital facilities than the current Impact Fee schedule. Supporting
documentation will include recent and localized data and may include statistically valid
surveys or a review of relevant professional literature.
VII. Impact Fee Credits.
As set forth in Chapter 24, in lieu of all or part of required Impact Fees, the Board may
accept an offer by a feepayer to construct, dedicate, or donate property or equipment for
the purpose of meeting the capital needs of the Impact Fee category proposed to benefit
from the construction, dedication, or property donation. All such construction, dedications
or donations shall be done in the manner and form as described in the applicable
provisions of Chapter 24 and Section 163.31801, Florida Statutes.
A. Process. The first step in awarding an Impact Fee credit is to obtain
approval from the Board that the proposed contribution, construction, or dedication is
eligible for an Impact Fee credit. Upon the determination by the Board that the proposed
contribution, construction, or dedication is eligible for credit, the final amount of the credit
shall be determined upon the submission of an application and the entering into of a
formal Impact Fee credit agreement.
B. Application. A written application for an Impact Fee credit must be
submitted to the Impact Fee Program Manager on a form approved by the County. The
proposed contribution, identification of property, the amount of credit, and a proposed
schedule for contribution must be specified in the application. If a proposed contribution
exceeds the Impact Fee, the County may consider partially funding the proposed
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contribution in the Impact Fee credit agreement or the Applicant may receive excess
Impact Fee credits to be used in accordance with Section 163.31801, Florida Statutes.
Credit applications must be submitted no later than the time of application for a building
permit or electrical permit, as applicable.
C. Valuation. The value of any contribution, construction, or dedication for
which an Impact Fee credit is sought, must be calculated as of the date of initial
application. Documentation supporting the land valuation and actual cost of donations in
accordance with the requirements of Chapter 24 must be provided with the application.
If the applicant submits a real estate appraisal for land valuation, the applicant must
identify the date of valuation and name St. Lucie County as an "intended user" of the
report. The County may outsource a review of any land valuation with a professional real
estate appraiser pursuant to the procedures in Chapter 24. Credits for improvements
other than land, shall be based on the actual cost of capital improvements accepted by
the County, in accordance with the Impact Fee credit agreement.
D. Use of Credits. Authorized credits may be used to satisfy Impact Fee
obligations for developments proposed within the same, or to the extent required by
Florida Statute, an adjacent benefit district. If credits will be used by a person other than
the person who received the credit, the County must receive a properly executed
assignment of the credit signed by the assignor and assignee before a notary. No credit
may be redeemed in satisfaction of the Impact Fee obligation until credits are issued. The
timing for issuance of credits will be determined in the Impact Fee Credit Agreement. The
holder of any Impact Fee credits granted by the County shall be entitled to redeem such
credits for the full benefit of the density or intensity represented by such credits as of the
date of issuance, notwithstanding any subsequent increase in Impact Fee rates. The
transferability of any Impact Fee credits granted by the County shall be in accordance
with state law.
VIII. Use of Impact Fee Funds.
A. General. Except for allowable Administrative Expenses, funds collected
through the various County Impact Fees set forth in Chapter 24 of the St. Lucie County
Code will be used for the sole purpose of capital improvements as described in Chapter
24 for the individual Impact Fees. Impact Fees must be spent in a manner that ensures a
rational nexus, or "reasonable connection," between fees paid and the benefit to the payer
resulting from the public facilities constructed with Impact Fee revenues.
B. Priorities. Each year the County Administrator will present to the St. Lucie
County Board of County Commissioners a proposed capital improvements program
assigning funds, including any accrued interest, from the applicable Impact Fee special
revenue funds to specific improvement projects and related expenses. Monies including
any accrued interest not assigned in any fiscal year will be retained in the same Impact
Fee revenue funds until the next fiscal year except as provided by an applicable refund
provision set forth in Chapter 24. In accordance with the Florida Impact Fee Act revenues
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and expenditures of each type of Impact Fee be accounted for separately. This ensures
that Impact Fee revenues are not spent for purposes other than providing infrastructure
capacity that benefits Feepayers.
C. Administrative Costs. The County will be entitled to retain an amount of the
Impact Fees it collects not to exceed actual costs of administration to offset the costs of
administering and enforcing the individual Impact fee ordinances.
D. Districts. Impact fee collections and expenditures are maintained and
accounted for according to any impact fee districts described by Impact Fee type in
Chapter 24. Impact Fee expenditures are generally limited to the applicable impact fee
districts from which the Impact Fees were collected, except as otherwise provided in
Chapter 24, when a proposed expenditure can be shown to provide the requisite benefit
in an adjacent zone or when a proposed expenditure serves a County -wide benefit to all
zones, such as a Regional Park, Special Recreation Area, etc. Impact Fees for parks,
libraries, public buildings, law enforcement, or roads collected prior to October 1, 2022,
or January 1, 2023 for the Fire/EMS services and imposed pursuant to prior studies and
assumptions, must also be spent to ensure a benefit accrues to those who paid the fees,
as required by law. Therefore, any unencumbered or unexpended Impact Fees collected
for fire/EMS, parks, libraries, public buildings, and law enforcement prior to these dates
shall be spent in accordance with the ordinances under which they were imposed and
within any impact fee districts created therein. Any unencumbered or unexpended Impact
Fees collected for roads prior to October 1, 2022, shall be reallocated to the respective
road benefit district established in Section 24-261 of the St. Lucie County Code
E. Refunds. To initiate a request for a refund of Impact Fees, an applicant shall
submit a timely refund request on a form approved by the County to the Impact Fee
Program Manager. The procedures and criteria for Impact Fee refunds are set out in
Chapter 24. If a Successor -in -Interest to the original Feepayer claims a refund, written
documentation must be submitted to verify that rights to a refund have been lawfully
conveyed to the claimant.
IX. Exemptions. Chapter 24 exempts certain land uses from the collection of impacts
fees. These exemptions include land uses that do not create an additional impact on
County capital facilities (e.g., accessory buildings, temporary use/structure and
replacement of a destroyed building provided that no additional need for public facilities
will be produced), as well as exemptions required by state law or allowed as a matter of
policy of the Board of County Commissioners (e.g., public schools, government uses, and
port authority developments).
X. Appeals. If the feepayer wishes to appeal any administrative decision made
regarding the determination of the County assessed Impact Fees as described in Chapter
24, any such appeal shall be filed in accord with the applicable appeal provision set forth
in Chapter 24.
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EXHIBIT A
ATTACHMENT A
IMPACT FEE CALCULATION FORM
ST. LUCIE COUNTY
IMPACT FEE CALCULATION FORM
Date:
Name of Feepayer
Parcel ID
Address
Land Use Category
Impact Fee Unit of
Category Measure
Permit Number:
Rate Units Fee Due
x =
x =
x =
x =
x =
x =
x =
x =
x =
TOTAL FEES DUE
(ADD ADDITIONAL SHEETS AS NECESSARY)
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EXHIBIT A
ATTACHMENT B
CHANGE OF USE FORM
ST. LUCIE COUNTY
CHANGE IN USE FORM
Date:
Permit Number:
Name of Feepayer
Parcel ID
Address
Land Use Category
Difference Subject to
Use Appropriate Unit(s) of Measure Existing
Addition
Impact Fees
Identified in Fee Schedule(s) in
Ch. 24 of St. Lucie County Code
# Units
Square Footage
# Gas Pump Positions
# Seats
Unit of Measure of
Impact Fee Category Rate
Addition Fee Due
Roads
Education
Parks
Library
Law Enforcement
Public Buildings
Fire/EMS
Impact Fee Due