ORD-2017-011 Ordinance - Article II - Educational Facilities Impact Fee, Section 30-31

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OPD Pf9F S-& air'? Sal ARTICLE II. - EDUCATIONAL FACILITIES IMPACT FEE Sec. 30-31. - Legislative findings. The Orange County Board of Commissioners makes the following legislative findings: (1) Orange County public school facilities are vital to the health, safety, welfare, and economic prosperity of Orange County; (2) That public school facilities in Orange County must be expanded in order to maintain current levels of service if new development is to be accommodated without decreasing current levels of service; (3) To finance the expansion of the public school facilities in Orange County necessary to maintain current levels of service while accommodating new residential growth, several methods of finance will be employed, one of which will require new residential development to pay an appropriate share of the reasonably anticipated new educational facilities in the form of school impact fees; and (4) These school impact fees will provide, in a reasonable manner, for the public health, safety, and welfare of persons residing within Orange County by providing a portion of the costs of new school facilities which bears a relationship to the benefits of the new school facilities to the new residential growth in Orange County. Sec. 30-32. - Definitions. For the purposes of this Ordinance, the following terms shall have the following definitions: Accessory Dwelling Unit. A dwelling unit located on the same lot as another dwelling unit and recognized as an accessory use by the local zoning code. Certificate of Occupancy. A certificate issued by Orange County or a municipality located therein allowing the occupancy or use of a dwelling unit and certifying that the building or structure has been constructed and will be used in compliance with all applicable codes and ordinances. Dwelling Unit. A room or group of rooms forming a single independent habitable unit with facilities used or intended to be used for living, sleeping, cooking, and eating by one family. Types of dwelling units include Manufactured Homes, Multifamily, Single Family Attached, and Single Family Detached. Each dwelling type may be Age Restricted or not. Dwelling Unit, Age Restricted Unit. A dwelling unit, regardless of type (detached, attached, multi- family, etc.), located in a development that restricts the number of units with occupants aged under 55 years old and whereby the age restriction is achieved by deed restrictions, homeowners association documents, and/or restrictive covenants. Dwelling Unit, Manufactured Home. A dwelling unit built in a factory in accordance with the federal Manufactured Home Construction and Safety Standards, commonly referred to as the 'HUD' Code. Dwelling Unit, Multifamily. A group of dwelling units which share a common floor-to-ceiling wall or share the wall of an attached garage or porch with an adjacent dwelling, but not otherwise defined as a Single Family Attached Dwelling Unit. Dwelling Unit, Single Family Attached. A group of dwelling units which share a common floor-to- ceiling wall or share the wall of an attached garage or porch with an adjacent dwelling and in which all units have a ground-floor living space. Units located above ground floor non-residential (i.e. retail or office) uses are not included in this definition. Dwelling Unit, Single Family Detached. . A dwelling unit which is neither a Manufactured Home Dwelling Unit, Accessory Dwelling Unit, or attached to other dwelling units (as with Multifamily or Single Family Attached). Page 1