§ 86-7. Fees.

(a)

City council shall establish by separate resolution a minimum fee schedule for a concurrency determination application. The fee schedule shall be maintained by the building and planning departments.

(b)

The city shall also charge the concurrency determination fee to any individual (non-applicant) that requests an analysis of capacity. The fee shall be nonrefundable.

(c)

The city shall charge a certificate of capacity fee, which is to be paid within 15 days after approval of the underlying development order.

(1)

This fee shall be in the form of a prepayment of impact fees.

(2)

The fee schedule is as follows:

a.

Ten percent at the time the comprehensive plan amendment becomes effective (the date a final order is issued by the city, state department of community affairs or administration commission finding the amendment in compliance in accordance with F.S. § 163.3184, whichever occurs earlier).

b.

Twenty percent (cumulative) at the time of rezoning or concurrency development agreement approval by the city council.

c.

Thirty percent (cumulative) at the time of subdivision approval by the city council.

d.

Fifty percent (cumulative) at the time of site plan approval by the site plan review committee.

e.

Fifty percent (cumulative) at the time of final site plan approval by the city council of shopping centers, planned unit developments, and any developments that require final approval by the city council.

f.

One hundred percent (cumulative) prior to the issuance of a building permit.

(3)

In the case of a concurrency development agreement under which the applicant contributes funds or right-of-way for specific system improvements, city shall credit, against the concurrency reservation fee, amounts paid by the applicant under such agreement. Nothing set forth herein shall excuse an applicant from paying all impact fees eventually due at the time of issuance of a building permit or certificate of occupancy (subject to credits, if any, provided under the concurrency development agreement).

(4)

In the case of a concurrency development agreement under which the applicant contributes funds for specific system improvements, the city may accept payment of the concurrency reservation fee in the form of a letter of credit in form and substance satisfactory assure payment to the city of the fees as and when required under the agreement and hereunder.

(5)

The certificate of capacity fee can be refunded if development does not proceed only if the city or other provider of capacity has not expended or obligated the money for preconstruction costs or construction of public facilities.

(d)

For a single-family residential subdivision, the certificate of capacity fee may be waived if all required infrastructure (i.e., roads, water and sewer lines) is installed prior to issuance of the first building permit. The required impact fees shall be paid upon issuance of a certificate of occupancy.

(Code 1985, § 7-1151; Ord. No. 2269, § 1, 4-7-92; Ord. No. 2454, § 1, 5-10-94; Ord. No. 4019, § 6, 2-6-01; Ord. No. 5202, § 1, 9-8-03; Ord. No. 5223, § 1, 12-2-03; Ord. No. 5720, § 1, 9-18-07; Ord. No. 5855, § 1, 4-15-08)