Agenda - 12-20-94 - X-A - Laserfiche WebLink

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7 Reimbursements. Any funds not expended within the five-year time frame noted above must be returned to the feepayer, or the land owner if the address of the feepayer provided to Orange County is not current, with interest at a rate not to exceed that being paid on public school impact fees. If the Schedule of Public School Impact Fees is reduced, the difference between the old and new fees must also be returned to the feepayer (or land owner).If the Schedule is increased, no additional fees are to be collected from new construction for which certificates of occupancy have been issued. No provision is made for reimbursement of impact fees collected erroneously. Likewise, no provision exists for situations where the impact fee has been paid, and the applicant subsequently files for and is granted an exception. An ordinance amendment is needed to address this situation. Habitat for Humanity and Orange Community Housing Corporation have requested that a"policy" regarding"reimbursement"of impact fees be established for homes purchased by families earning less than sixty percent of median income. The proposed "policy" would not apply to rental units. Such "reimbursements" would be accomplished through special appropriations to those (and similar) agencies, following submission of a funding request as part of the County's annual budget process. However, the request cannot be dealt with simply as a policy issue. It must be handled through an ordinance amendment. A more recent request involves payment of impact fees on an installment basis (e.g., a down payment followed by payments based on a specific construction or phasing plan). An "installment plan" provision may present problems, particulArly where impact fees are to be collected after the units have already been occupied. Additional consideration of the mechanics of how an "installment plan" would operate is warranted. Approximately one year ago,an impact fee exception was requested by a resident receiving AFDC. The request was referred to DSS to determine if any "discretionary fund" existed through which to pay the fee. Marti Pryor-Cook, the Social Services Director, responded that none existed and suggested that if such a fund were established, it could be administered as a component of DSS emergency assistance. Such situations could be addressed through an ordinance amendment which would then allow DSS to request an appropriation through the annual budget process. Administration & Enforcement Public school impact fees are charged to new residential dwelling units located within Orange County, including those within municipalities and their extraterritorial planning jurisdictions. No person may occupy any new residential dwelling unit until all applicable public school impact fees have been paid in full. No certificate of occupancy or other type of occupancy permit is issued for any new residential dwelling unit until the public school impact fees have been paid. Exceptions. Provision is made in the Educational Facilities Impact Fee Ordinance to allow exceptions from payment of impact fees in the following circumstances: • Buildings or structures, including alterations, repairs, renovations or additions thereto, which are to be occupied and used solely for non-residential purposes. • Residential dwelling units for which a building permit was obtained prior to the effective date of this ordinance. • Alterations, repairs, renovations or additions to a residential dwelling unit. Annual Report 5