Imposition of impact fees and establishment of impact fee benefit districts

(a)

Except as set forth in sections 13-6 and 13-8, no building permit shall be issued for a new development as herein defined unless the applicant therefor has paid the impact fees imposed by and calculated pursuant to this article. Building permit applications submitted to and accepted as complete by the city prior to 5:00 p.m. on January 15, 2006, shall pay the impact fees calculated by the zoning department pursuant to sections 13-24—13-27. Building permit applications submitted to and accepted as complete by the city after 5:00 p.m. on January 15, 2006, shall pay the impact fees calculated by the zoning department pursuant to sections 13-7 through 13-12. Should a valid building permit issued by the city for an application submitted prior to 5:00 p.m. on January 15, 2006, expire after that time, the impact fees set forth in sections 13-7—13-12 shall apply to the subsequent issuance of any building permit for that development.

(b)

Impact fees shall be calculated by the zoning department based on the development included in the building permit application using:

(1)

The land use category or categories applicable to the development,

(2)

The number of dwelling units for residential, the gross square footage for nonresidential, or the specific units of development for certain types of nonresidential development, and

(3)

The applicable impact fee in each sections 13-9—13-12.

If the land use applicable to a development is not listed in the fee schedules in sections 13-9—13-12, the fees for the most appropriate land use in the fee schedules, based on the characteristics of the proposed development, shall be imposed. When multiple types of development are included in a building, the impact fees shall be calculated for each type of development and included in the total impact fees due. When multiple buildings are included in a building permit application, the impact fees shall be calculated individually for each building and included in the total impact fees due. Where a final petition determination has been made by the city manager or a final decision issued by the city commission after a timely appeal, the impact fees due shall be calculated based on the petition determination or city commission decision.

(c)

In furtherance of the implementation of this article, the city commission hereby establishes the following benefit districts and subdistricts for the identified impact fees:

(1)

Police impact fee benefit district which boundary is identical with the boundary of the city, as may be adjusted from time to time;

(2)

Fire-rescue impact fee benefit district, which boundary is identical with the boundary of the city, as may be adjusted from time to time, with two subdistricts for collection, accounting and expenditures. Fire-Rescue Impact Fee North Subdistrict, defined by the Miami River and the boundary of the city lying northward of the Miami River and Fire-Rescue Impact Fee South Subdistrict, which boundary is defined by the Miami River and the boundary of the city, lying southward of the Miami River;

(3)

General services impact fee benefit district which boundary is identical with the boundary of the city, as may be adjusted from time to time; and

(4)

Parks and recreation impact fee benefit district which boundary is identical with the boundary of the city, as may be adjusted from time to time.

(Ord. No. 12750, § 2, 12-15-05)