§ 22-7. Payment and use of impact fees.
(a)
Impact fees for commercial and industrial land uses shall be paid at the time of issuance of the certificate of occupancy. Impact fees for residential land uses may be deferred until the issuance of the certificate of occupancy, or until twelve (12) months of the date of issuance of the building permit, whichever occurs first, if requested by the licensed contractor who has obtained the permit for the improvements. Impact fees for all other land uses, including residential land uses being improved by an owner-builder, shall be paid at the time of issuance of a building permit, or if no building permit is required, at the time of approval of the final development order, unless otherwise waived or deferred. Nothing herein shall prohibit the board of county commissioners from entering into impact fee deferral agreements so long as appropriate security for the payment of the impact fees is provided. Appropriate security may include, but not be limited to a first-priority lien on the property or an irrevocable letter of credit.
(b)
The amount of the impact fee shall be determined as of the date of issuance of the building permit or final development order. If a building permit or final development order expires, impact fees shall be recalculated and charged as of the date that a new building permit or final development order is issued. An extension of a building permit or final development order shall not cause additional impact fees to be due.
(c)
The payment of any impact fee shall be in addition to all other fees, charges or assessments due for the issuance of a building permit or final development order.
(d)
The obligation for payment of any required impact fee shall run with the land; provided, however, that impact fee payments may be transferred to another property within the same impact fee district as allowed under other applicable sections of Chapter 22, Lake County Code.
(e)
All impact fees shall be deposited into their respective trust accounts immediately upon receipt, with the exception of the educational system impact fee which is payable to the school board by the county on a quarterly basis, and by the municipalities to the county on a monthly basis. Any educational system impact fee collected by the county or by the municipalities shall be held by them separate and distinct from all other revenues until transferred to the school board.
(f)
Funds on deposit in any impact fee account established within this chapter shall not be used for any expenditure that would be classified as an operational expense, a maintenance expense or a repair expense.
(g)
Funds on deposit that are not immediately necessary for expenditure shall be invested in accordance with the county's investment policy and applicable Florida Statutes; provided, however, that the educational system impact fee shall be invested in accordance with applicable school board policy. All income derived from such investments shall be deposited in the respective impact fee trust account and used as provided herein.
(Ord. No. 2007-60, § 1, 12-11-07; Ord. No. 2013-66, 2, 11-19-13; Ord. No. 2013-70, § 2, 12-17-13; Ord. No. 2017-01, § 2, 1-10-17; Ord. No. 2017-25, § 2, 5-9-17; Ord. No. 2018-9, § 2, 3-27-18)