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Agenda - 05-16-2017 - 5-a - Amendment to the Educational Facilities Impact Fee Ordinance and Repeal of Related Resolutions
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Agenda - 05-16-2017 - 5-a - Amendment to the Educational Facilities Impact Fee Ordinance and Repeal of Related Resolutions
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5/12/2017 8:04:23 AM
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BOCC
Date
5/16/2017
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5a
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7 <br /> pursuant to this Ordinance or where a residential mobile home legally existed on such lot <br /> or space on or before the effective date of this Ordinance. For the purposes of this <br /> Ordinance, "legally existed" shall mean that a mobile home was located on the lot or space <br /> during the five-year period prior to the date of adoption of this Ordinance. <br /> b. Replacement of a building, structure or mobile home damaged, destroyed or partially <br /> destroyed by: the exercise of eminent domain; human acts, such as riot, fire, accident, <br /> explosion; or flood, lightning, wind or other natural calamity, with a new building, structure <br /> or mobile home. <br /> A residential building, structure or mobile home may be replaced with a new building, structure or <br /> mobile home of the same or dissimilar dwelling type. For example, a mobile home may be replaced with a <br /> mobile home. Likewise, a mobile home may be replaced with a stick-built structure. In either case, <br /> however, the number of dwelling units may not be increased. <br /> (5) Accessory buildings and structures, including, but not limited to, garages, decks, storage <br /> buildings, and similar structures, provided they are not used for residential purposes. <br /> (6) Temporary buildings and structures, provided they are not used for residential purposes. <br /> However, public school impact fees shall not be levied in the following cases: <br /> a. A mobile home being used to provide custodial care under the provisions of an approved <br /> Special Use Permit. <br /> b. A mobile home being used as a temporary residential dwelling during the installation of a <br /> replacement mobile home or the construction of a stick-built dwelling unit. <br /> Sec. 30-35. -Collection of fees. <br /> (a) Creation of public school benefit area trust funds. Public school impact fees collected by Orange <br /> County pursuant to this Ordinance shall be kept separate from other revenue of the County. There <br /> shall be one trust fund established for each of the benefit areas. The benefit areas correspond to the <br /> school district boundaries as determined by the School Districts and as illustrated on the attached <br /> map labeled Public School Benefit Areas. <br /> (b) Responsibility for fee collection. <br /> (1) All public school impact fees are due to Orange County and shall be paid to Orange County <br /> prior to a certificate of occupancy being issued for a dwelling unit. The fees will be collected by <br /> Orange County and/or by interlocal agreement between Orange County and a municipality <br /> located therein. All public school impact fees shall be properly identified by the appropriate <br /> benefit area and transferred for deposit in the appropriate trust account. <br /> (2) Where there is an interlocal agreement in effect for collection of the public school impact fees by <br /> a municipality, the municipality shall remit the fees to Orange County as provided in the <br /> agreement, including a report of the amount of funds collected and the benefit area from which <br /> the fees were collected. Upon receipt, the County shall deposit the fees in the appropriate trust <br /> fund. <br /> (c) Limitation on expenditure of funds. Funds withdrawn from public school impact fee trust accounts <br /> shall be used solely in accordance with the following provisions: <br /> (1) Funds shall be used for capital costs associated with the construction of new public school <br /> space, including new buildings or additions to existing buildings or otherwise converting existing <br /> buildings into new public school space where the expansion is related to new residential growth. <br /> Such capital costs include actual building construction; design, engineering, and/or legal fees; <br /> land acquisition and site development; equipment and furnishings; infrastructure improvements; <br /> and/or debt service payments and payments under leases through which to finance such costs. <br /> (2) Funds shall be used exclusively for capital improvements within the benefit area from which the <br /> funds were collected. <br /> Page 4 <br />
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