Division 4. Public Facilities Impact Fees


§ 23-761. Definitions.
Latest version.

When used in this division, the following words, terms or phrases shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:

Affordable housing shall mean a dwelling unit which is offered for sale or rent to low-income persons or very low-income persons and which monthly rent or monthly mortgage payments, including taxes and insurance, do not exceed thirty (30) percent of that amount which represents the percentage of the median adjusted gross income for low-income persons and very low-income persons.

Alternative impact fee shall mean any alternative fee calculated by an applicant and approved by the city manager or city commission pursuant to section 23-765.

Encumbered shall mean monies committed by contract or purchase order in a manner that obligates the city to expend the encumbered amount upon delivery or completion of goods, services or real property provided by a vendor, supplier, contractor or owner.

Impact fee shall mean, collectively, the fees imposed pursuant to this division.

Impact fee study shall mean the study adopted pursuant to section 23-763, as amended and supplemented pursuant to section 23-779.

Infill lot shall mean any single vacant lot located in a predominately built-up area served by city utilities, which is bounded on two (2) or more sides by existing development. In addition, any lot that contains an existing building which will be removed and replaced with a new building shall also be considered an infill lot.

Mixed use construction shall mean construction in which more than one (1) impact fee land use category is contemplated, with each category consisting of a separate and identifiable enterprise not subordinate to or dependent on other enterprises within the construction.

Owner shall mean the person holding legal title to the real property upon which public facilities impact construction is to occur.

Person shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

Public facilities shall mean those facilities identified in this division for which impact fees are imposed.

Public facilities impact construction shall mean land development which changes the use of land in a manner which increases the impact upon the public facilities for which impact fees are imposed under this division.

Residential shall mean apartments, condominiums, mobile homes or single-family detached houses.

Site-related improvement shall mean any improvement constructed on the development site which is required to connect a building or structure with a city capital facility.

(Ord. No. 2008-08, § 1, 3-4-08)

§ 23-762. Legislative findings and intent.
Latest version.

a. Both existing development and development resulting from growth, as contemplated by the comprehensive plan, will require improvements, and additions to public facilities to accommodate and maintain the level of service adopted by the city.

b. Future growth represented by public facilities impact construction should contribute its fair share to the cost of improvements and additions to public facilities that are required to accommodate the use of such facilities by growth.

c. The required improvements and additions to the public facilities needed to accommodate existing development at the adopted level of service shall be financed by revenue sources other than impact fees.

d. Implementation of an impact fee structure to require future public facilities impact construction to contribute its fair share of the cost of improvements and additions to public facilities is an integral and vital element of the management of growth.

e. Public facilities planning is an evolving process and the level of service adopted by the city for such public facilities constitutes a balancing of anticipated need and the corresponding cost to implement such standard, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns, the needs of the community and the dynamics of public facilities planning, it is the intent of the commission that the level of service and the cost of the various public facilities be reviewed and adjusted periodically, pursuant to section 23-779, to insure that the impact fees imposed pursuant to this division are equitable and lawful based on the impact of growth upon these public facilities.

f. This ordinance shall not be construed to permit the collection of impact fees from public facilities impact construction in excess of the amount reasonably anticipated to offset the need for and demand on those public facilities generated by such impact construction.

g. This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court in the case of Contractor and Builders Association of Pinellas County vs. City of Dunedin, 329 So. 2nd 314 (FL 1976) and to meet the requirements of the "Florida Impact Fee Act," F.S. ch. 163.31801, particularly the requirement that impact fees are to be based on "the most recent and localized data."

(Ord. No. 2012-03, § 1, 2-7-12)

§ 23-763. Adoption of impact fee study and impact fee schedule.
Latest version.

The commission hereby adopts and incorporates by reference the study entitled "Development Impact Fees—City of Lake Wales, Florida" prepared by Clarion Associates and dated December 26, 2011 particularly the assumptions, conclusions and findings in such study as to the allocation of anticipated costs of capital improvements and additions to the capital facilities between those costs required to accommodate existing development and those costs required by growth. The impact fee schedule shall be as set forth in said study on "Figure 2A—Proposed Impact Fees in North and South Service Areas."

(Ord. No. 2006-04, § 1, 2-21-2006; Ord. No. 2012-03, § 2, 2-7-12)

§ 23-764. Payment of impact fees.
Latest version.

a. Except as otherwise provided in this article, prior to the issuance of a building permit for a public facilities impact construction, an applicant shall pay the appropriate impact fees as established by this division.

b. The obligation for payment of the impact fees shall run with the land.

c. In the event that a building permit issued for a public facilities impact construction expires prior to completion of the public facilities impact construction for which it was issued, the applicant may within ninety (90) days of the expiration of the building permit apply for a refund of the impact fees. Failure to timely apply for a refund of the impact fees shall waive any right to a refund.

1. The application for a refund shall be filed with the administrative official and shall contain the following:

A. The name and address of the applicant;

B. The location of the property which was the subject of the building permit;

C. The date the impact fee was paid;

D. A copy of the receipt of payment for the impact fees; and

E. The date the building permit was issued and the date of expiration.

2. After verifying that the building permit has expired and the public facilities impact construction has not been completed, the administrative official shall refund the impact fees paid for such public facilities impact construction.

3. A building permit which is subsequently issued for a public facilities impact construction on the same property which was the subject of a refund shall pay all impact fees as established by this division.

d. In the event that the city issues separate building permits for a building or part of a building within a public facilities impact construction which by design contemplates phased occupancy, the city and the applicant may enter into an agreement for the phased payment of the impact fees applicable to that portion of the public facilities impact construction represented by such building, provided, however, that all impact fees due shall be paid prior to the issuance of the final building permit for the building.

e. The payment of all impact fees shall be in addition to other fees, charges or assessments imposed by the city for the issuance of a building permit.

f. Prior to the issuance of a building permit, the applicant of a public facilities impact construction may enter into a fee agreement with the city providing for the payment of the impact fees at a time other than as provided in this division. Such an agreement shall require the applicant to post an irrevocable letter of credit payable by a financial institution, acceptable to the city, to ensure payment of the fees at a time other than prior to issuance of the building permit.

1. The irrevocable letter of credit shall contain no conditions upon the obligation of the issuer for the payment of the principal amount and any interest due thereon.

2. Except as otherwise approved by the city commission, no deferral of the payment of impact fees shall extend for a period greater than one (1) year from the date of the building permit, provided that the city manager may approve an additional period of six (6) months upon good cause shown, and subject to the submission of a new application. Any requests for a six-month extension must be made in writing at least thirty (30) days prior to the expiration date of the irrevocable letter of credit.

3. Notwithstanding that the applicant may obtain a deferral to a date certain, all impact fees shall be paid at either the date to which the payment has been deferred or the issuance of a certificate of occupancy for the public facilities impact construction, whichever occurs first except as otherwise approved by the city commission.

(Ord. No. 2007-14, § 4, 6-5-07)

§ 23-765. Alternative impact fee calculation.
Latest version.

a. In the event an applicant believes that the impact to the public facilities necessitated by a public facilities impact construction is less than the fees established by this division, such applicant may, prior to issuance of a building permit for such public facilities impact construction, submit a calculation of an alternative impact fee to the city manager pursuant to the provisions of this section. The city manager shall review the calculations and make a determination within ten (10) business days of submittal as to whether such calculation complies with the requirements of this section.

b. The alternative impact fee calculations shall be based on data, information or assumptions contained in this division, the impact fee study or independent sources, provided that:

1. The independent source is a generally accepted standard source of planning information and cost impact analysis performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the impact fee study;

2. The independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the impact fee study; or

3. The independent source is based upon recent available data from the Trip Generation Report by the Institute of Transportation Engineers (ITE) for the land use category in question.

c. If a previously approved public facilities impact construction project submitted, during its approval process, an alternative impact fee study substantially consistent with the criteria required by this section, and if such study is determined by the city manager to be current, the impact upon the public facilities as determined by such previously approved public facilities impact construction shall be presumed to be as described in the prior study. There shall be a rebuttable presumption that an alternative impact fee study conducted more than two (2) years earlier is invalid.

d. If the city manager determines that the data, information and assumptions utilized by the applicant to calculate the alternative impact fees comply with the requirements of this section, the alternative impact fees shall be paid in lieu of the fees established by this division.

e. If the city manager determines that the data, information and assumptions utilized by the applicant to calculate the alternative impact fees do not comply with the requirements of this section, then the city shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection of the alternative impact fees and the reason therefor. The applicant shall have fifteen (15) calendar days from receipt of the written notification of rejection to request a hearing pursuant to section 23-772

(Ord. No. 2006-04, § 1, 2-21-2006)

§ 23-766. Alternative collection of fees.
Latest version.

In the event that impact fees are not paid prior to the issuance of a building permit for the affected public facilities impact construction, the city shall proceed to collect the impact fees as follows:

a. The city shall serve, by certified mail, return receipt requested, a notice of impact fees upon the applicant at the address appearing on the most recent records maintained by the property appraiser of the county. Service of the notice of impact fees shall be deemed notice of the impact fees due and service shall be deemed effective on the date the return receipt indicates the notice was received by either the applicant or the owner or the agent of either by execution of the return receipt, whichever occurs first. The notice of impact fees shall contain the legal description of the property upon which the public facilities impact construction occurred and shall advise the applicant and the owner as follows:

1. The amount due and the general purpose for which impact fees were imposed;

2. That a hearing pursuant to section 23-772 may be requested within fifteen (15) calendar days from the date of receipt of the notice of impact fees, by making application to the city manager;

3. That the impact fees shall be deemed delinquent if not paid and received by the city within sixty (60) calendar days of the date the notice of impact fees is received, excluding the date of receipt, or if hearing is not requested pursuant to section 23-772, and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid; and

4. That in the event the impact fees become delinquent, a lien against the property for which the building permit was secured shall be recorded in the official records of the county.

b. The impact fees shall be delinquent if, within sixty (60) calendar days from the date of receipt of the notice of impact fees by either applicant or owner, neither the impact fees have been paid and received by the city, nor a hearing requested pursuant to section 23-772. In the event a hearing is requested pursuant to section 23-772, the impact fees shall become delinquent if not paid within thirty (30) calendar days from the date the commission determines the amount of impact fees due upon the conclusion of such hearing. Said time periods shall be calculated on a calendar day basis, including Saturdays, Sundays and legal holidays, but excluding the date of the earliest receipt of said impact fee statement or the date of the commission's decision, in the event of an appeal. In the event the thirtieth day prior to becoming delinquent falls on a Saturday, Sunday or legal holiday, then the impact fees shall become delinquent at 5:00 p.m. of the next business day. Upon becoming delinquent, a delinquency fee equal to ten (10) percent of the total impact fees imposed shall be assessed. Such total impact fees, plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid.

c. Should the impact fees become delinquent as set forth in paragraph b., the city shall serve, by certified mail, return receipt requested, a notice of lien upon the delinquent applicant and upon the delinquent owner at the address appearing on the most recent records maintained by the property appraiser of the county. The notice of lien shall notify the delinquent applicant and the delinquent owner that due to their failure to pay the impact fees, the city shall file a claim of lien with the clerk of the circuit court.

d. Upon the mailing of the notice of lien, the city clerk shall file a claim of lien with the clerk of the circuit court for recording in the official records of the county. The claim of lien shall contain the legal description of the property upon which the public facilities impact construction occurred, the amount of the delinquent impact fee and the date of its imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein.

e. After the expiration of one (1) year from the date of recording of the claim of lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. ch. 173, and any amendments thereto, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim.

f. The liens for delinquent impact fees imposed hereunder shall remain liens coequal with the liens of all state, county, district and municipal taxes, superior in dignity to all other filed liens and claims, until paid as provided herein.

g. The collection and enforcement procedures set forth in this section shall be cumulative with, supplemental to, and in addition to all other applicable procedures provided in any other ordinances or administrative regulations of the city or any applicable law or administrative regulation of the State of Florida, and any amendments thereto. Failure of the city to follow the procedure set forth in this section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the city or any applicable law or administrative regulation of the State of Florida.

(Ord. No. 2006-04, § 1, 2-21-2006)

§ 23-767. Exemptions.
Effective on Tuesday, March 1, 2022

The following shall be exempted from payment of impact fees:

a. Alterations, expansions or replacement of an existing dwelling unit which do not increase the number of families for which such dwelling unit is arranged, designed or intended to accommodate for the purpose of providing living quarters.

b. The alteration or expansion of an accessory building or structure which will not create additional dwelling units or will not increase the usable square footage space associated with the principal building on the land.

c. The replacement of a dwelling unit or building with a new dwelling unit or building of the same size and use and which will not increase the square footage associated therewith; provided that the replacement of a dwelling unit or building which has been destroyed or otherwise rendered uninhabitable must be replaced within five (5) years of the date it was destroyed or rendered uninhabitable in order to be exempted from the payment of impact fees.

d. Municipal buildings.

e. Affordable housing in accordance with section 23-771

f. Special districts. Any person seeking an exemption under the provisions of this section must submit an application to the administrative official with application for a building permit for the proposed construction or for a change of use. The application shall be made on a form provided by the city, and a legal description of the property shall be required. The city manager shall approve the exemption if it meets the criteria for the special district in which it is located.

1. Community Redevelopment Area. The construction, alteration or expansion of a non-residential structure within a community development area designated by the city's community redevelopment plan shall be exempt from the payment of police and fire impact fees. This exemption shall not extend to the payment of water and sewer impact fees which are payable in accordance with section 23-764. This exemption shall also not extend to construction, alteration or expansion on non-residential structures on property formerly known as the Cooperative Fruit Property and located on the east side of U.S. Highway 27.

2. National Historic Register District. The construction, alteration or expansion of any structure within a district designated on the National Historic Register shall be exempt from the payment of police, fire and parks and recreation impact fees provided such construction, alteration or expansion is determined by the historic district regulatory board to be consistent with the goals of historic preservation. This exemption shall not extend to the payment of water and sewer impact fees which are payable in accordance with section 23-764

3. Core Improvement Area. The construction, alteration or expansion or change in the use of any structure within the "core improvement area" shall be exempt from the payment of impact fees except those for water and sewer, which are payable in accordance with section 23-764. The exemption includes Polk County impact fees per an agreement executed November 20, 2007 between the Polk County Board of County Commissioners and the City of Lake Wales.

g. The construction, alteration or expansion of any structure within a district designated on the National Historic Register shall be exempt from the payment of police, fire and parks and recreation impact fees provided such construction, alteration or expansion is determined by the historic preservation board to be consistent with the goals of historic preservation. This exemption shall not extend to the payment of water and sewer impact fees which are payable in accordance with section 23-764

(Ord. No. 2006-04, § 1, 2-21-06; Ord. No. 2008-29, § 3, 9-2-08; Ord. No. 2022-06, § 1, 3-01-22)

§ 23-768. Change of size or use.
Latest version.

a. Impact fees shall be imposed and calculated for the alteration, expansion or replacement of a building or dwelling unit or the construction of an accessory building if the alteration, expansion or replacement of the building or dwelling unit or the construction of an accessory building results in a land use determined to:

1. increase the number of dwelling units;

2. increase the usable square footage; or

3. change the land use so as to constitute a different impact fee land use category.

b. The impact fees imposed under the applicable impact fee rate shall be calculated as follows:

1. If the impact fees are calculated on land use and not square footage, the impact fees imposed shall be the impact fees due under the applicable impact fee rate for the impact fee land use category resulting from the alteration, expansion or replacement, less the impact fee that would be imposed under the applicable impact fee rate for the impact fee land use category prior to the alteration, expansion or replacement. In determining the impact fee which would have been imposed for the land use category prior to the alteration, expansion or replacement, the use of land during the previous three (3) years which provided the highest impact upon the public facilities shall be utilized.

2. In the event the square footage of an office building or retail building, as defined herein, is increased, the impact fee rate for the increased square footage represented by public facilities impact construction shall be at the impact fee rate applicable to public facilities impact construction with square footage equal to the existing square footage, plus the contemplated increased square footage. However, the impact fee shall be calculated only upon the increased square footage.

(Ord. No. 2006-04, § 1, 2-21-06)

§ 23-769. Vested rights.
Latest version.

a. Any public facilities impact construction for which a building permit meeting all appropriate requirements for issuance was applied prior to June 20, 1995, shall be exempt from the provisions of this division. The owner of such public facilities impact construction is entitled to a vested rights exemption.

b. In the event that a building permit for a public facilities impact construction applied for prior to June 20, 1995 expires or is revoked, then such public facilities impact construction shall not be entitled to a vested rights exemption for any subsequently issued building permit for such public facilities impact construction.

c. Any written agreement entered into prior to June 20, 1995 between an owner and the city which establishes, restricts or prohibits the imposition of impact fees by the city, shall be binding upon the city and shall not be subject to the provisions of this division, provided, that if such written agreement is amended to increase the amount of public facilities impact construction permitted on the property, then such additional public facilities impact construction shall be required to pay the impact fees as provided by the division.

(Ord. No. 2006-04, § 1, 2-21-06)

§ 23-770. Developer contribution credit.
Latest version.

a. The city may grant a credit against the impact fees imposed herein for the donation of land or equipment, or the construction of public facilities made pursuant to a development agreement approved in accordance with division 2 of this article. Such donation or construction shall not be site-related improvements and shall be subject to the approval of the city commission.

b. Prior to the issuance of a building permit the applicant shall submit to the administrative official a proposed plan and estimates of costs for contributions to the public facilities. The proposed plan and estimates shall include:

1. A legal description of any land proposed to be donated and a written appraisal prepared in conformity with paragraph c.4.A. below;

2. A list of the contemplated public facilities improvements, apparatus or equipment sought to be donated;

3. An estimate of proposed construction costs certified by a professional architect or engineer;

4. A written statement of the actual cost for any equipment or apparatus sought to be donated; and

5. A proposed time schedule for completion of the proposed plan.

c. The administrative official shall review the proposed plan and determine:

1. If such proposed plan is in conformity with contemplated improvements and additions to the public facilities;

2. If the proposed donation of land or equipment or proposed construction by the applicant is consistent with the public interest; and

3. If the proposed time schedule is consistent with the city's capital improvement program for the public facilities.

4. The amount of developer contribution credit based upon the following standards of valuation:

A. The value of donated land shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales of similar property between related parties in the bargaining transaction;

B. The cost of construction of public facilities shall be based upon the lowest of three (3) bids to perform construction in conformity with all construction standards of the city; and

C. The value of apparatus and equipment shall be based on the actual cost.

d. Upon presentation of the plan to the city commission and approval of a development agreement pursuant to division 2 of this article, a revised impact fee statement shall be issued to the applicant reflecting the amount of impact fees due following the granting of the credit.

e. Any applicant shall have a right of review pursuant to section 23-772 of the valuation by the administrative official of the developer contribution credit. However, there shall be no right of review as to the determination of the city commission to accept or reject the proposed plan of donation or construction.

f. No credit shall be granted for the donation of land or equipment or for the construction of public facilities unless such donation or construction would be an authorized expenditure for the particular impact fee.

g. The credit granted for the donation of land or equipment for the construction of public facilities by an applicant shall only be applied as a credit against the impact fee which provides the funds for the specific capital facility.

(Ord. No. 2006-04, § 1, 2-21-06; Ord. No. 2012-03, § 3, 2-7-12)

§ 23-771. Affordable housing.
Latest version.

a. The city shall exempt from the payment of impact fees imposed pursuant to this division any public facilities impact construction consisting of a single dwelling unit or duplex built on an infill lot within the city which will either: (1) be sold or rented for an amount which qualifies as affordable housing; (2) be funded in whole or in part by monies received pursuant to tax grant or subsidy from the United States, State of Florida, Polk County or City of Lake Wales, the use of which is specifically restricted to provide for the construction of affordable housing. For the purposes of this section, the term "infill lot" is defined as any single vacant lot located in a predominately built-up area served by city utilities, which is bounded on two (2) or more sides by existing development. In addition, any lot that contains an existing building which will be removed and replaced with a new building shall also be considered an infill lot.

b. Any person seeking an affordable housing exemption for new dwelling unit shall file with the city manager an application for exemption prior to receiving a building permit for unit. The application for exemption shall contain the following:

1. The name and address of the owner;

2. The legal description of the property upon which the unit(s) shall be constructed;

3. The proposed selling price if the unit(s) will be offered for sale or the proposed rental price if unit(s) will be offered for rent;

4. The number of bedrooms which the dwelling unit(s) will contain; and

5. Evidence that the unit(s) is funded by a governmental affordable housing program, if applicable, including any terms, restrictions and conditions as to its use, if applicable;

6. Copy of the impact fee exemption application or approved exemption from the Polk County Manager, if applicable.

7. Evidence that the unit(s) shall be occupied by low-income or very-low income persons;

c. If the unit(s) meets the requirements for an affordable housing exemption, then the city manager shall issue an impact fee exemption. The impact fee exemption shall be presented in lieu of payment of the public facilities impact fees.

d. For a residential unit to receive an affordable housing exemption, the monthly rent or mortgage payment, including taxes and insurance, shall not exceed thirty (30) percent of the monthly income of a low-income household in Lake Wales, and such restriction must continue for a period of at least seven (7) years from the issuance of the building permit. For properties proposed for sale, such restriction shall be contained either within the deed for the property, within the terms, restrictions and conditions of the direct government grant or subsidy, or within the terms of a development agreement entered into pursuant to the Florida Local Government Development Agreement Act. For units proposed for rental, such restriction shall be contained in any lease or rental agreement between the owner and renter, and a notarized affidavit by the owner attesting that the rental fee meets the current restricted amount and that a copy of the affidavit has been given to the renter(s) shall be provided to the city no later than October 30 of each year. Any violation of the reporting requirements or the restriction on rental amount shall result in a requirement for payment by the owner of all impact fees waived under this section.

e. In determining the total monthly rental charge for the purpose of determining eligibility for an impact fee exemption, all payments which are required to be made by a tenant as a condition of residing at such dwelling unit shall be included.

f. An applicant who has been denied an impact fee exemption may request a review hearing on such decision pursuant to section 23-772

(Ord. No. 2006-04, § 1, 2-21-06; Ord. No. 2008-08, § 1, 3-4-08)

§ 23-772. Review hearings.
Latest version.

a. An applicant or owner who is required to pay impact fees pursuant to this division, shall have the right to request a review hearing.

b. Such hearing shall be limited to the review of the following:

1. The application of the appropriate impact fees pursuant to this division.

2. The failure to grant or the granting of insufficient alternative impact fees pursuant to section 23-766

3. The granting of insufficient credits for the donation of land or equipment or construction of public facilities pursuant to section 23-770

4. The failure to grant an affordable housing exemption pursuant to section 23-771

c. Except as otherwise provided in this division, such hearing shall be requested by the applicant or owner within fifteen (15) days, including Saturdays, Sundays and legal holidays, of the date of first receipt of the following, whichever is applicable:

1. the impact fee statement;

2. the notice of impact fees;

3. the notification of the determination of any alternative impact fee;

4. the notification of decision on the application for credit for the donation of land and equipment, or construction credit; or

5. the notification of the denial of an affordable housing exemption.

d. Failure to request a hearing within the time provided shall be deemed a waiver of any right for consideration of administrative relief.

e. The request for hearing shall be filed with the city manager and shall contain the following:

1. The name and address of the applicant or owner;

2. The address of the property in question;

3. If issued, the date the building permit was issued;

4. A brief description of the nature of the construction being undertaken pursuant to the building permit;

5. If paid, the date the impact fees were paid; and

6. A statement of the reasons why the applicant or owner is requesting the hearing.

f. Upon receipt of such request, the administrative official shall schedule a hearing before the commission at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant or owner written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed.

g. Such hearing shall be before the commission and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence.

h. Any applicant or owner who requests a hearing pursuant to this section and desires issuance of the building permit, or if a building permit has been issued without the payment of all impact fees, shall either pay all applicable impact fees or provide the city with an irrevocable letter of credit drawn on a financial institution acceptable to the city in the amount of the applicable impact fees. The payment or the providing of the irrevocable letter of credit shall be made prior to or at the time the request for hearing is filed. Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights.

i. An applicant or owner may request a hearing under this section without paying the applicable impact fees, but no building permit shall be issued until all impact fees are paid in the amount initially calculated or the amount determined upon completion of the review provided for in this section.

§ 23-773. Refunds of impact fees.
Latest version.

a. Impact fees collected pursuant to this division shall be returned to the then current owner of the property on behalf of which such fees were paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the eighth anniversary of the date upon which such fees were paid.

b. Refunds shall be made only in accordance with the following procedures:

1. The then current owner shall petition the commission for the refund prior to the end of the fiscal year following the end of the fiscal year in which occurs the date of the eighth anniversary of the payment of impact fees.

2. The petition for refund shall be submitted to the city manager and shall contain:

A. A notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the impact fees were paid;

B. A copy of the dated receipt issued for payment of such fees, or such other record as would indicate payment of such fees;

C. A certified copy of the latest recorded deed; and

D. A copy of the most recent ad valorem tax bill.

c. Within three (3) months from the date of receipt of a petition for refund, the city manager will advise the petitioner and the city commission of the status of the impact fees requested for refund, and if such impact fees have not been spent or encumbered within the applicable time period, then it shall be returned to the petitioner with any interest which may have been earned on such impact fees. For the purpose of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out.

§ 23-774. Water system impact fees.
Latest version.

a. Findings applicable to water system impact fees. In addition to the findings contained in section 23-762, the commission hereby specifically ascertains, determines and declares as follows:

1. The water systems are designed and intended to provide water services for all persons within the city's utility service area and are exclusively provided by the city; therefore, the water system impact fee shall be imposed throughout the Lake Wales Utility Service Area as that area is defined by interlocal agreement between the city and the county and the tri-city agreement between the city and the cities of Winter Haven and Dundee, as they may be amended from time to time. Said agreements are on file in the official records of the city and are incorporated herein by reference.

2. The improvements and additions to the water system funded by the water system impact fee provide a benefit to all water system impact construction in excess of the impact fee.

3. The existing water system and other improvements and additions contemplated by the commission and funded by revenues other than impact fees, shall eliminate any deficiency between the existing water system and the adopted level of service and shall be sufficient for the needs of the existing population of the utility service area. Therefore, the revenues derived from the water system impact fee shall be utilized only for the improvements and additions to the water system which are necessitated by water system impact construction.

b. Imposition of water system impact fees. All water system impact construction occurring within the city, shall pay the impact fees as established within Schedule "B", which is attached hereto and incorporated by reference.

c. Establishment of water system impact fee trust account. The commission hereby establishes a separate trust account for the water system impact fees, to be designated as the "Water System Impact Fee Trust Account," which shall be maintained separate and apart from all other accounts of the city. All such impact fees shall be deposited into such trust fund immediately upon receipt.

d. Use of water system impact fees. The monies deposited into the Water System Impact Fee Trust Account shall be used solely for the purpose of constructing or improving the city's water system, including, but not limited to:

1. Design and construction plan preparation;

2. Permitting;

3. Land acquisition, including any costs of acquisition or condemnation;

4. Construction and design of water system facilities;

5. Design and construction of new drainage facilities required by the construction of water system facilities;

6. Relocating utilities required by the construction of water system facilities;

7. Landscaping;

8. Construction management and inspection;

9. Surveying, soils and material testing;

10. Acquisition of vehicles utilized in providing water service and the apparatus or equipment necessary to provide such service;

11. Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the construction, acquisition or improvements herein defined;

12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire contemplated water system improvements, subsequent to the adoption of this division.

e. Restrictions on use of water system impact fees. Funds on deposit in the water system impact fee trust account shall not be used for any expenditure that would be classified as an administrative, maintenance, repair, or other operating expense.

f. Investment of water system impact fees. Any funds on deposit which are not immediately necessary for expenditure may be invested by the city. All income derived from such investments shall be deposited in the water system impact fee trust account and used as provided herein.

(Ord. No. 2006-04, § 1, 2-21-2006)

§ 23-775. Wastewater system impact fees.
Latest version.

a. Findings applicable to wastewater system impact fees. In addition to the findings contained in section 23-762, the commission hereby specifically ascertains, determines and declares as follows:

1. The wastewater systems are designed and intended to provide wastewater services for all persons within the city's utility service area and are exclusively provided by the city; therefore, the wastewater system impact fee shall be imposed throughout the Lake Wales Utility Service Area as that area is defined by interlocal agreement between the city and the county and the tri-city agreement between the city and the cities of Winter Haven and Dundee, as they may be amended from time to time. Said agreements are on file in the official records of the city and are incorporated herein by reference.

2. The improvements and additions to the wastewater system funded by the wastewater system impact fee provide a benefit to all wastewater system impact construction in excess of the impact fee.

3. The existing wastewater system and other improvements and additions contemplated by the commission and funded by revenues other than impact fees, shall eliminate any deficiency between the existing wastewater system and the adopted level of service and shall be sufficient for the needs of the existing population of the utility service area. Therefore, the revenues derived from the wastewater system impact fee shall be utilized only for the improvements and additions to the wastewater system which are necessitated by wastewater system impact construction.

b. Imposition of wastewater system impact fees. All wastewater system impact construction occurring within the city, shall pay the impact fees as established within Schedule "B", which is attached hereto and incorporated by reference. Sewer impact fees paid on or before June 30, 2006 shall be discounted two hundred dollars ($200.00) per unit from the fee established in Schedule "B".

c. Establishment of wastewater system impact fee trust account. The commission hereby establishes a separate trust account for the wastewater system impact fees, to be designated as the "Wastewater System Impact Fee Trust Account," which shall be maintained separate and apart from all other accounts of the city. All such impact fees shall be deposited into such trust fund immediately upon receipt.

d. Use of wastewater system impact fees. The monies deposited into the wastewater system impact fee trust account shall be used solely for the purpose of constructing or improving the city's wastewater system, including, but not limited to:

1. Design and construction plan preparation;

2. Permitting;

3. Land acquisition, including any costs of acquisition or condemnation;

4. Construction and design of wastewater system facilities;

5. Design and construction of new drainage facilities required by the construction of wastewater system facilities;

6. Relocating utilities required by the construction of wastewater system facilities;

7. Landscaping;

8. Construction management and inspection;

9. Surveying, soils and material testing;

10. Acquisition of vehicles utilized in providing wastewater service and the apparatus or equipment necessary to provide such service;

11. Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the construction, acquisition or improvements herein defined;

12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire contemplated wastewater system improvements, subsequent to the adoption of this division.

e. Restrictions on use of wastewater system impact fees. Funds on deposit in the wastewater system impact fee trust account shall not be used for any expenditure that would be classified as an administrative, maintenance, repair, or other operating expense.

f. Investment of wastewater system impact fees. Any funds on deposit which are not immediately necessary for expenditure may be invested by the city. All income derived from such investments shall be deposited in the wastewater system impact fee trust account and used as provided herein.

(Ord. No. 2006-04, § 1, 2-21-2006; Ord. No. 2006-22, § 1, 6-6-2006)

§ 23-776. Fire/rescue services impact fees.
Latest version.

a. Findings applicable to fire/rescue services impact fees. In addition to the findings contained in section 23-762, the commission hereby specifically ascertains, determines and declares as follows:

1. The fire/rescue services facilities of the city are designed and intended to provide for the safety and welfare of its residents.

2. The providing of city fire services facilities is the exclusive responsibility of the city imposed pursuant to Florida Statutes.

3. The improvements and additions to the fire/rescue services facilities of the city funded by the fire/rescue services impact fee provides a benefit to all property in excess of the impact fee. The commission expressly approves of the level of service for fire/rescue services as established in the impact fee study.

4. The existing fire services facilities which have been funded by revenues other than impact fees have eliminated the deficiency between the existing fire facilities and the adopted standard of service.

b. Imposition of fire/rescue services impact fees. All fire/rescue services impact construction occurring within the city, shall pay the impact fees as established within Schedule "B", which is attached hereto and incorporated by reference.

c. Establishment of fire/rescue services impact fee trust account. The commission hereby establishes a separate trust account for the fire services impact fees, to be designated as the "Fire/Rescue Services Impact Fee Trust Account," which shall be maintained separate and apart from all other accounts of the city. All such impact fees shall be deposited into such trust fund immediately upon receipt.

d. Use of fire/rescue services impact fees. The monies deposited into the fire/rescue services impact fee trust account shall be used solely for the purpose of constructing or improving the city's fire/rescue services, including, but not limited to:

1. Design and construction plan preparation;

2. Permitting;

3. Land acquisition, including any costs of acquisition or condemnation;

4. Construction and design of fire services facilities;

5. Design and construction of new drainage facilities required by the construction of fire services facilities;

6. Relocating utilities required by the construction of fire services facilities;

7. Landscaping;

8. Construction management and inspection;

9. Surveying, soils and material testing;

10. Acquisition of vehicles utilized in providing police services and the apparatus or equipment necessary to provide such service.

11. Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the construction, acquisition or improvements herein defined;

12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire contemplated fire services improvements, subsequent to the adoption of this division.

e. Restrictions on use of fire/rescue services impact fees. Funds on deposit in the fire/rescue services impact fee trust account shall not be used for any expenditure that would be classified as an administrative, maintenance, repair, or other operating expense.

f. Investment of fire/rescue services impact fees. Any funds on deposit which are not immediately necessary for expenditure may be invested by the city. All income derived from such investments shall be deposited in the fire/rescue services impact fee trust account and used as provided herein.

(Ord. No. 2006-04, § 1, 2-21-2006; Ord. No. 2012-03, § 4, 2-7-12)

§ 23-777. Police services impact fees.
Latest version.

a. Findings applicable to police services impact fees. In addition to the findings contained in section 23-762, the commission hereby specifically ascertains, determines and declares as follows:

1. The police services facilities of the city are designed and intended to provide for the safety and welfare of its residents.

2. The providing of city police services facilities is the exclusive responsibility of the city imposed pursuant to Florida Statutes.

3. The improvements and additions to the police services facilities of the city funded by the police services impact fee provides a benefit to all property in excess of the impact fee. The commission expressly approves of the level of service for police services as established in the impact fee study.

4. The existing police services facilities which have been funded by revenues other than impact fees have eliminated the deficiency between the existing police facilities and the adopted standard of service.

b. Imposition of police services impact fees. All police services impact construction occurring within the city, shall pay the impact fees as established within Schedule "B", which is attached hereto and incorporated by reference.

c. Establishment of police services impact fee trust account. The commission hereby establishes a separate trust account for the police services impact fees, to be designated as the "Police Services Impact Fee Trust Account," which shall be maintained separate and apart from all other accounts of the city. All such impact fees shall be deposited into such trust fund immediately upon receipt.

d. Use of police services impact fees. The monies deposited into the police services impact fee trust account shall be used solely for the purpose of constructing or improving the city's police services, including, but not limited to:

1. Design and construction plan preparation;

2. Permitting;

3. Land acquisition, including any costs of acquisition or condemnation;

4. Construction and design of police services facilities;

5. Design and construction of new drainage facilities required by the construction of police services facilities;

6. Relocating utilities required by the construction of police services facilities;

7. Landscaping;

8. Construction management and inspection;

9. Surveying, soils and material testing;

10. Acquisition of vehicles utilized in providing police services and the apparatus or equipment necessary to provide such service;

11. Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the construction, acquisition or improvements herein defined;

12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire contemplated police services improvements, subsequent to the adoption of this division.

e. Restrictions on use of police services impact fees. Funds on deposit in the police services impact fee trust account shall not be used for any expenditure that would be classified as an administrative, maintenance, repair, or other operating expense.

f. Investment of police services impact fees. Any funds on deposit which are not immediately necessary for expenditure may be invested by the city. All income derived from such investments shall be deposited in the police services impact fee trust account and used as provided herein.

(Ord. No. 2006-04, § 1, 2-21-06; Ord. No. 2012-03, § 4, 2-7-12)

§ 23-778. Parks and recreation impact fees.
Latest version.

a. Findings applicable to parks and recreation impact fees. In addition to the findings contained in section 23-762, the commission hereby specifically ascertains, determines and declares as follows:

1. The parks and recreation facilities of the city are designed and intended to provide for the recreational needs of its residents.

2. The providing of city parks and recreational facilities is the exclusive responsibility of the city imposed pursuant to Florida Statutes.

3. The improvements and additions to the parks and recreational facilities of the city funded by the parks and recreation impact fee provides a benefit to all property in excess of the impact fee. The commission expressly approves of the level of service for parks and recreation services as established in the impact fee study.

4. The existing parks and recreation services facilities which have been funded by revenues other than impact fees have eliminated the deficiency between the existing parks and recreation facilities and the adopted standard of service.

b. Imposition of parks and recreation impact fees. All parks and recreation impact construction occurring within the city, shall pay the impact fees as established within Schedule "B", which is attached hereto and incorporated by reference.

c. Establishment of parks and recreation impact fee trust account. The commission hereby establishes a separate trust account for the parks and recreation impact fees, to be designated as the "Parks and Recreation Impact Fee Trust Account," which shall be maintained separate and apart from all other accounts of the city. All such impact fees shall be deposited into such trust fund immediately upon receipt.

d. Use of parks and recreation impact fees. The monies deposited into the parks and recreation impact fee trust account shall be used solely for the purpose of constructing or improving the city's parks and recreation facilities, including, but not limited to:

1. Design and construction plan preparation;

2. Permitting;

3. Land acquisition, including any costs of acquisition or condemnation;

4. Construction and design of parks and recreation facilities;

5. Design and construction of new drainage facilities required by the construction of parks and recreation facilities;

6. Relocating utilities required by the construction of parks and recreation facilities;

7. Landscaping;

8. Construction management and inspection;

9. Surveying, soils and material testing;

10. Acquisition of vehicles utilized in providing wastewater service and the apparatus or equipment necessary to provide such service;

11. Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the construction, acquisition or improvements herein defined;

12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire contemplated parks and recreation improvements, subsequent to the adoption of this division.

e. Restrictions on use of parks and recreation impact fees. Funds on deposit in the parks and recreation impact fee trust account shall not be used for any expenditure that would be classified as an administrative, maintenance, repair, or other operating expense.

f. Investment of parks and recreation impact fees. Any funds on deposit which are not immediately necessary for expenditure may be invested by the city. All income derived from such investments shall be deposited in the parks and recreation impact fee trust account and used as provided herein.

(Ord. No. 2006-04, § 1, 2-21-06)

§ 23-779. Library impact fees.
Latest version.

a. Findings applicable to library impact fees. In addition to the findings contained in section 23-762, the commission hereby specifically ascertains, determines and declares as follows:

1. The library facilities of the city are designed and intended to provide for the library needs of its residents.

2. The providing of city library facilities is the exclusive responsibility of the city imposed pursuant to Florida Statutes.

3. The improvements and additions to the library facilities of the city funded by the library impact fee provides a benefit to all property in excess of the impact fee. The commission expressly approves of the level of service for library services as established in the Impact Fee Study.

4. The existing library facility which has been funded by revenues other than impact fees has eliminated the deficiency between the existing library facility and the adopted standard of service.

b. Imposition of library impact fee. All library impact construction occurring within the city, shall pay the impact fees as established within Schedule "B", which is attached hereto and incorporated by reference.

c. Establishment of library impact fee trust account. The commission hereby establishes a separate trust account for the library impact fee, to be designated as the "Library Impact Fee Trust Account," which shall be maintained separate and apart from all other accounts of the city. All such impact fees shall be deposited into such trust fund immediately upon receipt.

d. Use of library impact fees. The monies deposited into the Library Impact Fee Trust Account shall be used solely for the purpose of constructing or improving the city's library facilities, including, but not limited to:

1. Design and construction of library facilities;

2. Permitting;

3. Land acquisition, including any costs of acquisition or condemnation;

4. Design and construction of new drainage facilities and relocating or extending of utilities required by the construction of library facilities;

5. Landscaping;

6. Construction management and inspection;

7. Surveying, soils and material testing;

8. Acquisition of collection materials necessary to provide library service;

9. Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the construction, acquisition or improvements herein defined;

10. Payment of principal to repay any bonds or other indebtedness issued by the city to provide funds to acquire land, construct library facilities or acquire collection materials subsequent to the adoption of this division.

e. Restrictions on use of library impact fees. Funds on deposit in the Library Impact Fee Trust Account shall not be used for any expenditure that would be classified as an administrative, maintenance, repair, or other operating expense.

f. Investment of library impact fees. Any funds on deposit which are not immediately necessary for expenditure may be invested by the city. All income derived from such investments shall be deposited in the Library Impact Fee Trust Account and used as provided herein.

(Ord. No. 2006-04, § 1, 2-21-06; Ord. No. 2012-03, § 5, 2-7-12)

§ 23-780. Annual adjustment of impact fees.
Latest version.

Impact fees shall be automatically adjusted on June 1 of each year for annual change in the Consumer Price Index (CPI) for Construction Products (the "Construction Costs Index") through March as published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment shall be calculated by the finance director who shall revise the impact fee schedule and provide a copy of same to department heads as applicable. The revised impact fee schedule shall also be provided to the city clerk who shall attach it to the ordinance from which this section is derived in the official records of the city. Date of revision shall be clearly indicated on the revised schedule.

(Ord. No. 2006-04, § 1, 2-21-06; Ord. No. 2012-03, § 6, 2-7-12)

§ 23-781. Applicability of revised impact fees.
Latest version.

The impact fees established in this division shall apply to all development for which building permit applications are submitted to the city and to all changes of use of property within the city.

(Ord. No. 2006-04, § 1, 2-21-06; Ord. No. 2012-03, § 7, 2-7-12)

§ 23-782. Review of impact fees required.
Latest version.

a. The provisions of this division and the impact fee study adopted herein shall be reviewed by the city commission initially in connection with its capital improvements element of its comprehensive plan as required by F.S. § 163.3177. Thereafter, the provisions of this division and each impact fee study adopted herein shall be reviewed at least every five (5) years. The initial and each subsequent review shall consider new estimates of population per household, needs for service, and other socioeconomic data; changes in cost of construction, land acquisition, apparatus, equipment and related costs; review of the level of service; and adjustments to the assumptions, conclusions or findings set forth in the impact fee study adopted herein. The purpose of this requirement is to review and revise, if necessary, to ensure that the impact fees neither exceed nor fail to provide for the reasonably anticipated costs associated with the improvements necessary to offset the demand generated by the public facilities impact construction on the city's public facilities. In the event the review required by this section alters or changes the assumptions, conclusions and findings of the studies adopted by reference in this division, revises or changes the city's public facilities or alters or changes the amount of impact fees, the studies adopted by reference herein shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and this division shall be amended to adopt by reference such updated studies.

b. In conjunction with the initial and each subsequent review of the impact fee study required in paragraph a. of this section, the city commission shall review the capital improvements element for the availability and adequacy of revenue sources to construct improvements and additions to the city's public facilities determined in the impact fee study to be required to accommodate existing development.

(Ord. No. 2012-03, § 8, 2-7-12)

§ 23-783. Declaration of exclusion from Administrative Procedures Act.
Latest version.

Nothing contained in this division shall be construed or interpreted to include the city in the definition of "agency" contained in F.S. § 120.52, or to otherwise subject the city to the application of the Administrative Procedure Act, F.S. ch. 120. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this division, including specifically, but not limited to, a review hearing under section 23-772.