§ 70-114. Imposition.

(a)

Applicability of fee.

(1)

Any person who makes or causes the making of an improvement to land which requires the issuance of a building permit for a residential structure, or any person who changes the use of any structure for residential purposes, shall be required to pay a district park and local park impact fee in the manner and amount set forth in this article. In the event the impact fee rate for a particular land use is changed subsequent to the issuance of a building permit and before the issuance of a certificate of occupancy, the impact fee shall be the amount in effect on the date payment is received.

(2)

No person shall commence or continue construction or allow commencement or continuation of construction of an improvement for which the fee imposed by this article is applicable without first having obtained the required building permit and paid the proper impact fee imposed by this article. No person shall change the use or allow a change in use of any structure where the fee imposed by this article is applicable without having paid the proper district park and local park impact fee imposed by this article.

(b)

Payment required prior to issuance of a certificate of occupancy, or occupancy of the building, local business tax or use permit. No county residential construction certificate of occupancy, or occupancy of the building, for which a complete application is submitted after July 1, 1990, shall be issued unless and until the district parks and local parks impact fee required by this article has been paid. The obligation of a person to pay the fee imposed by this article shall not be extinguished by the inadvertent failure of the county to collect the fee at the time required.

(c)

Formula development. The following formulas shall be used to determine the district parks and local parks impact fee. If a building permit is requested for a building with mixed uses, then the fee shall be determined through using the schedule by apportioning the space committed to dwelling units. In the case of a change of use, redevelopment or modification of an existing use requiring the issuance of a building permit, the impact fee shall be based upon the net increase in the impact fee for the new as compared to the previous use.

LOCAL PARKS IMPACT FEE FORMULA

	Standard No. Acres	= (A/1,000) × 2
Local	Total Park Costs/Acre	= C + D
Parks =	Total Park Costs	= B × E
Impact	Total Dwelling Units	= A/2.3
Fee	Cost/Dwelling Unit	= F/G
	Total Fee/Dwelling Unit	= H × 1.03 = J

 

A	B	C	D	E	F	G	H	I	J
Population	Standard 2 Acres per 1,000 Population	Cost of Land per Acre	Cost of Improvements per Acre	Total Cost/ Acre	Total Cost of Parks	Total Dwelling Units	Cost per Dwelling Unit	Administrative Fee	Total Fee per Dwelling Unit
107,540	215.08	$26,362.70	$17,090.56	$43,453.25	$9,345,900.20	46,756	$199.88	3%	$205.88

 

DISTRICT PARKS IMPACT FEE FORMULA

	Standard No. Acres	= (A/1,000) × 5
District	Total Park Costs/Acre	= C + D
Parks =	Total Park Costs	= B × E
Impact	Total No. Dwelling Units	= A/2.3
Fee	Cost/Dwelling Unit	= F/G
	Fee/Dwelling Unit	= H × 1 = J
	Total Fee/Dwelling Unit	= J × 1.03 = L

 

A	B	C	D	E	F	G	H	I	J	K	L
Population (Seasonal plus Permanent)	Standard 5 Acres per 1,000 Population	Land Purchase Costs per Acre	Land Improvement Costs per Acre	Total Park Costs per Acre	Total Park Costs	Total Dwelling Units	Cost per Dwelling Unit	Bond Credit per Dwelling Unit	Fee per Dwelling Unit	Administra- tive Fee	Total Fee per Dwelling Unit
123,993	619.96	$9,677.24	$19,879.64	$29,556.88	$18,324,271.00	53,910	$339.90	$63.01	$276.89	3%	$285.20

 

PARK SUMMARY

Local Parks

Zone	Population Estimate per Zone*	Standard Number of Acres per 1,000 Population	Number Park Acres Existing	Number School Acres Existing	Total Acres Existing	Total Acres per Zone Needed	Over or Under
1	57,026	2	103.70	41.0	144.05	114.05	30.65
2	12,815	2	22.80	34.0	56.8	25.63	31.17
3*	30,188	2	53.00	36.0	89.0	60.38	28.62
4	7,591	2	37.50	101.0	138.5	15.02	123.48
_____
Total	107,540		217.00	212.0	429.0	215.08	213.92

 

*Population is based on the U.S. Census as of April 1, 2000.

District Parks

Population Estimate	Standard Number Acres per 1,000 Population	Number Park Acres Existing	Total Acres Needed	Over or Under
123,993	5	892.50	619.96	272.54 surplus

 

Formula Factors:

Total Dwelling Units = Total Population divided by 2.3 persons per dwelling

1.

Cost of land per acre = Average cost of land per acre for the type of park specified.

2.

Cost of improvements = The average cost to provide park amenities according to the minimum standards in the comprehensive plan.

3.

Cost per dwelling unit = The cost per dwelling unit based on the total cost of a minimum equipped park.

4.

District park population = The number of full-time residents and seasonal residents in the unincorporated area of the county.

5.

Environmental bond credit = Credits due from lands purchased by the bond fund and developed as district parks.

6.

Local park population = The number of permanent residents in the unincorporated area.

7.

Standard acres per dwelling unit = The number of acres required per 1,000 population as set forth in the comprehensive plan.

8.

The preceding inventory of local and district parks provide basic data used in the formula to calculate the park impact fee.

9.

The park summary includes the comprehensive plan park standards.

Credits for debt service = District parks have credit for lands acquired with bond funds. The present value of these future payments is calculated and credited against impact fee charges.

(d)

Credits for donations. The donation of land, facilities and equipment may qualify for credits, if consistent with the county's plans and standards for park and recreation for location, size and apparatus specifications, and upon approval by the county manager. The value of the donations or improvements shall be determined by the county parks and recreation director and approved by the growth management and environmental service center director.

(e)

Temporary suspension of residential district park and local park impact fees.

(1)

The imposition of residential district park and local park impact fees shall be temporarily suspended for all residential building permits for which an application has been date stamped received on or after July 1, 2011, according to the following schedule:

a.

All residential district park and local park impact fees, as established by this article, shall be suspended for a period beginning on July 1, 2011 and extending through June 30, 2013.

b.

Two-thirds of all residential district park and local park impact fees, as established by this article, shall be suspended for a period beginning on July 1, 2013 and extending through June 30, 2014.

c.

One-third of all of residential district park and local park impact fees, as established by this article, shall be suspended for a period beginning on July 1, 2014 and extending through June 30, 2015.

(2)

Area of applicability. The temporary suspension of residential district park and local park impact fees established by this article shall only apply in the areas within the following legal descriptions, as graphically depicted on the "Residential Impact Fee Temporary Suspension Area Map", dated August 15, 2011:

a.

East zone. Those lands lying within the following described boundary:

 Beginning at the northeasterly corner of Section 32, Township 12 South, Range 32 East, Volusia County, Florida, said corner being the northeast corner of described boundary for said Volusia County, thence run southerly, along the Atlantic coastline and said county boundary, to the intersection with the southerly line of the corporate boundary of the City of New Smyrna Beach, Florida; thence run westerly, along said corporate boundary line, to its intersection with the westerly line of the Indian River; thence run southerly, along said westerly line of river, to its intersection with the southerly corporate boundary of the City of Oak Hill, Florida; thence run westerly, along said corporate boundary, to the westerly corporate boundary line of said City of Oak Hill; thence run northerly, along said corporate boundary, to the northerly corporate boundary of said City of Oak Hill; thence run easterly, along said corporate boundary to its intersection with the westerly corporate boundary of the City of Edgewater, Florida; thence run northerly, and westerly, along said corporate boundary line, to its intersection with the centerline of Interstate 95; thence run northerly, along said centerline, to its intersection with the northerly right-of-way line of Pioneer Trail, said right-of-way line also being the southerly corporate boundary of the City of Port Orange, Florida; thence run westerly, along said corporate boundary, to the westerly corporate boundary of said City of Port Orange; thence run northerly, along said corporate boundary, to its intersection with the aforementioned centerline of Interstate 95; thence run northerly, along said centerline, to its intersection with the centerline of State Road 40; thence run westerly, along said centerline, to its intersection with the westerly corporate boundary of the City of Ormond Beach, Florida; thence run northerly, along said corporate boundary, to the northerly boundary of Volusia County, Florida; thence follow said northerly boundary line to coastline of the Atlantic Ocean and the point of beginning.

b.

Northwest zone.

 Those lands, including unincorporated areas, lying within the exterior Corporate Limits of the City of Pierson, Florida.

c.

Southwest zone. Those lands lying within the following described boundary:

 Beginning at the intersection of the centerline of State Road 415 and the centerline of the St. Johns River, said centerline of river also being the boundary line for Volusia County, Florida; thence run westerly and northerly, along said county boundary line, to its intersection with the northerly corporate boundary of the City of DeBary, Florida; thence run easterly, along said corporate boundary, to its intersection with the westerly corporate boundary of the City of Orange City, Florida; thence run northerly, along said corporate boundary, to its intersection with the centerline of State Road 472, thence run easterly, along said centerline, to its intersection with the centerline of State Road 15/600 (U.S. 17/92); thence run northerly, along said centerline, to its intersection with the corporate boundary of the City of DeLand, Florida; thence run westerly and northerly, following said corporate boundary, to its intersection with the centerline of State Road 15-A; thence run northerly, along said centerline, to its intersection with the centerline of State Road 44; thence run westerly, along said centerline, to its intersection with Hazen Road; thence run northerly, along said Hazen Road, to its intersection with the centerline of Plymouth Avenue; thence continue running northerly, along said Hazen Road, to its intersection with the aforementioned corporate boundary of the City of DeLand; thence run easterly, along said corporate boundary, to its intersection with the aforementioned centerline of State Road 15-A; thence run northerly, along said centerline, to its intersection with the aforementioned corporate boundary of the City of DeLand; thence run westerly and northerly, along said corporate boundary, to its intersection with Greens Dairy Road; thence run easterly, continuing along corporate boundary, to its intersection with the centerline of State Road 15-A; thence run northerly, along said centerline to its intersection with State Road 15 (U.S. 17); thence, from said intersection, run northeasterly, along the centerline of County Road 15-A, to its intersection with State Road 11; thence run southerly, along State Road 11, to its intersection with the northerly corporate boundary of the aforementioned City of DeLand, thence run easterly, along said corporate boundary, to its intersection with Marsh Road; thence run southerly, along said Marsh Road, to its intersection with the aforesaid corporate boundary of the City of DeLand; thence run easterly, along said corporate boundary, to the easterly line thereof; thence run southerly, along said easterly line and the southerly projection thereof, to its intersection with the centerline of State Road 600 (U.S. 92); thence run easterly, along said centerline, to its intersection with the centerline of Kepler Road; thence run southerly, along said centerline, to its intersection with the centerline of aforementioned State Road 44; thence run easterly, along said centerline, to its intersection with County Road 4139; thence run southerly, along said county road, to its intersection with the aforementioned corporate boundary of the City of DeLand; thence run easterly, along said corporate boundary, to Interstate 4; thence southerly, along said Interstate 4, to its intersection with Summit Avenue (C.R. 4139); thence run southerly, along said Summit Avenue, to its intersection with the corporate boundary of the City of Lake Helen, Florida; thence run easterly, along said corporate boundary, to the easterly line thereof; thence run southerly, along said easterly boundary, to its intersection with Lake Helen/Osteen Road; thence run southerly, along said road, to its intersection with corporate boundary of the City of Deltona, Florida; thence run easterly to the eastern corporate boundary of said City of Deltona; thence run southerly, along said eastern boundary and its southerly projection thereof, to its intersection with the centerline of State Road 415; thence run southerly, along said centerline, to its intersection with the centerline of the aforesaid St. Johns River and the point of beginning.

d.

Recorded subdivisions. Those lands lying within the boundaries of the following recorded subdivisions:

 Ridgewood Crossings and Pioneer Trail Reserve.

(Ord. No. 90-1, §§ 104.00—104.04, 6-21-90; Ord. No. 95-35, § XI, 9-7-95; Ord. No. 98-13, § IX, 7-23-98; Ord. No. 01-17, § 3, 8-2-01; Ord. No. 2011-23, § I, 8-18-11; Ord. No. 2012-02, § I, 1-19-12)