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HomeMy WebLinkAboutNotice of BC Solid Waste Impact Fees FY 17/18Michael German, Building OfficiCity of .� Cape Canaveral .Box Cape ' Solid Waste Managenient Depaftment 2725 Judge Fran Jarnieson Way Bufld°ang A, Room 118 RE: Notice of Brevard County Solid Waste Impact Fees For Fiscal Year October 1, 2017, through September 30, 2018 MIRMINME1;4 in accordance with Section 4 Brevard County, Code, I am enclosing tm, Brevard County's Solid Waste Impact Fee Notice along with its related Sol Waste Impact Fee Rate Schedule so that you may provide the notice to ea building permit applicant within your jurisdiction that is affected by the provisioi of the code. CountyI am also enclosing for your use a reference copy of Section 94-256., throu Section 94-265., Division 3., Impact Fees, Article IV,., Chapter 94, Breva d' as amended. Please provideo this ,,op; for any applicantpermit - review the complete If you, your staA or the public have any questions concerning these fees o( services provided of office.call my M Phone (32:1) 633 2D42 s Fax (32:1) 63:3-2038 ebske: BrevardCaunwy.us/SoWWaste Brevard County Board of County Com: inissioners Solid Waste Management Department To assure that new development bears a proportionate share of the cost of the capital expenditures necessary to provide solid waste disposal facilities for all inhabitants of Brevard County, the Board of County Commissioners established a solid waste impact fee on any real property which, after the first day of October, 1988, commences to initially use the solid waste facilities, or who seeks to develop land within the incorporated and unincorporated area of the county. The impact fee applies to each parcel thin f newly improved real property wi o Brevard County, Florida, that h -as had a certificate of occupancy issued, regardless of the occupancy or previous ownership of the property on said date, and shall also apply to any real property which commences to initially use the Brevard County solid waste disposal facilities. 1111111,1111111 111! 1111111111111111,11111111;111111111111 M= MOM= SOLID WASTE IMPACT FEE RATE SCHEDULE EFFECTIVE OCTOBER 1, 2017 "TC ROUG'H SEPTEMBER 30,2018 Residential Property ® Incorporated & Unincorporated areas of the nnty Single Family Residence/Mobile Home/Clondominium or Cooperative Mobile Home/Condominitun Park Home/Townhouse $160.00 per unit Residential Condominium Unit/Cooperative Unit/ Multiple Family Residence/Courts/Trailer Park $120.00 per unit Recreational Vehicle $ 62.40 per unit Commercial Property - Campgrounds/Canips S 65.41 per unit Hotel/Motel $ 84.10 per unit Labor Camps/Migrant Camps/Boarding Homes $163.52 per unit Commercial Individual Categoilp $467.20 per Commercial Square Footage Category $467.20 per unit (*) C,ompnercialproperdes in these categories require a case by case evaluation based on service. The Brevard County Solid Waste Management Department will, upon request, provide, the correct amount of impact,fee that will be due. Please call (321) 633-2042 orf (321) 633-.2038 orthere are any questions. DIVISION 3. IMPACT FEES See. 94-256, Solid waste impact. fee district established; boundaries. There is hereby established by, the board of county commissioners a solid waste impact fee district, and the boundaries of such district shall be the official boundaries of the county, which includes all of the incorporated and uruncorliorated areas of the county, (;ode 1979, -L 12-48) See. 94-257. Trust fund established, (a) There is hereby established a separate solid waste impact fee trust fund for the solid waste impact fee district established by section 94-256. (b) Funds withdraNkm frorn this account must be used in accordance with the provisions of section 94-261. (Code 1979, -L 12-49) Cross reference(s)—Finance, J- 2-131 et seq,, See. 94-258. Imposition of solid waste impact fee, (a) A solid waste impact fee, incorporated in the rate resolution ardopted under section 94-259, shall be irnposed against each parcel of improved real property regardless of occupancy or previous ownership at one of the followwing times: (1) When an application for a building permit is Ynade for an improvement on the property. (2) Din-ing construction of an improvement on the property, (3) Prior to issuance of a certificate of occupancy on the property, (4) Once a certificate of occupancy has been issued, (b) A solid waste impact fee shall be imposed against improved real properly which cornmences to use the county's solid waste management facilities for the first time after October 1, 198& (c) The applicable solid waste impact fee for such parcel shall be paid by the owner of the improved real properly, or the owner of the applicable real properly, which commences to initially use or increase use of the county's solid waste management facilities, (Code 1979, -L 12-50) See, 94-259. Public hearing; notice, (a) The board of county commissioners shall hold a public hearing and adopt a rate resolution establishing a schedule of impact fees to be imposed pursuant to this division. (b) Notice of the public hearing shall be published in a newspaper of general circulation in the county, at least twice, with the first publication being at least 20 days prior to the public hearing, (Code 1979, -L 12 51) See. 94-260. Payment of impact fee. (a) The solid waste impact fee shall be billed by the board of county con'unissioners or its authorized representative. (b) Impact fees shall be due and payable when issued, and payment thereof shall be the obligation of the owner of record of the property for payment of said bill. (c) All impact fees collected shall be properly identified as solid waste impact fees, and promptly transferred for deposit in the solid waste impact fee trust fund, to be held in an account as determined in section 94-257 and used solely 'for the purposes specified in this division. (d) Impact fees shall become delinquent if not paid in fall within 30 days of the billing date. Failure of the owner to receive any such bill shall not relieve the obligation for payment of the bill. The obligation to pay the impact fee shall run with the property regardless of ownership, (e) All impact fees which become delinquent shall constitute, and are hereby imposed as liens against the real property against which the impact fees have been imposed. Until fbily paid and discharged, or waived by law, such impacts shall remain a lien equal in rank and dignity with the lien of county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to, or against the real property involved. The solid waste impact fee liens may be recorded in the public records of the ('OLInty, by the board of county commissioners or its authorized representative, at any time after the lien is created, and may be enif'orced by the board before or subsequent to such recording, in any manner provided by law., (g) LInpaid liens shall remain and constitute liens against the real property involved until filly paid and discharged, or waived by law, (h) All outstanding impact fee liens may be discharged and satisfied by payment to the board of county commissioners or its authorized representative the aggregate amount due for such outstanding impact fees, together with accrued collection fees or other additional amount specified by law for penalties and recording costs. When any such lien or liens have been hilly paid or discharged, the director shall properly cause evidence of the satisfaction and discharge in public records of the county, Such lien or liens shall not be assigned by the county to any person., (i) Additionally, the solid waste impact fee may, where interlocal agreements between the county and the local government entity exist, be collected by designated local government entities at the time, place and from the person who seeks to develop land by applying for a building permit, or is issued a certificate of occupancy, (Code 1979, -L 12-52) Sec, 94-261. Use of funds. (a)'T'he board of county commissioners shall be entitled to up to, but no more than, two percent of the'Hinds collected pursuant to this division, to compensate for the administrative expense of collecting and administrating this solid waste impact fee program. All remaining funds collected from solid waste impact fees shall be used for the purpose of capital improvements to, and expansion of, the county's solid waste disposal system. Such improvement shall be of the type made necessary by new development and new users. (b) Funds shall be used exclusively for capital improvements or expansion within the solid waste impact fee district defined in section 94-256. Funds shall be expended in the order in which they are collected. (c) Each fiscal year the county manager may present to the board of county commissioners a proposed capital improvement program for solid waste, assigning funds, including accrued interest, if any, from the above described solid waste impact fee trust fund, to specific solid waste improvement projects and related expenses. Monies, including accrued interest, if any, not assigned in any fiscal period shall be retained in the same solid waste impact fee trust fund until the next fiscal period, except as provided by the refund provisions of this division, (Code 1979,) 12-53) Sec, 94262. Refund of fees paid. Any funds not expended or incumbered by the end of the calendar quarter immediately f6flowing six years from the data; the solid waste impact fee payinent was received by, the board shall, upon application of the then current owner, be returned to the then current owner, within 180 days after the expiration of the six-year period, (Code 1979, JL 112-54) See. 94-263. Exemptions, (a) The following shall be exempted from payment of the solid waste impact fee: (1) Alterations or expansion of an existing building where no additional units are created, and the use of the building is not clianged, and where the resulting solid waste generated will not exceed the amount of solid waste generated from the building prior to its alteration or expansion. (2) The constnAction of accessory buildings or structures which will not produce or generate solid waste over and above that produced by the principal building or use ofthe subJect real property. (3) The replacement of a residential land use with a new unit of residential land use of the same type, provided that no additional solid waste will be produced or generated over and above that produced or generated by, the original residential land use, (4) The replacement of anonresidential land use, building orstructure with aneve nonresidential land use, building orstructureof the same size and use, provided that no additional solid waste will be produced or generated over and above that produced by the original use of land. (b) Any exemption must be clainied by the feepayer within 30 days after the issuance of the solid waste impact Fee bill. Any exemption not so ClOned shall be deerned waived by, the feepayer. (Code 1979, JL l 2-55) See. 94-264. Notice of impact fees. (a) The board of county, commissioners shall provide a notice of solid waste impact ft -,es, on such form as deemed appropriate by the board, to each applicant for a building pennil in the unincorporated areas of the county. (b)'The board shall provide a solid waste inipact fee notice to the building depailments of each of the municipalities widiin the county. The municipalities shall l.)rovide the solid waste impact Fee notices to each applicant for building permit within their Jurisdiction affected by the provisions of this division. (Code 1979, JL 12-56) See. 94-265. Review of impact fee schedule. The solid waste impact fee schedule provided f6r, in section 94-2,59 shall be reviewed by the board of county cominissioner's at least once each fiscal biennium, (Code 1979, � 12-57) Sees. 94426,6--94-275, Reserved.