eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Polk County
 Code of Ordinances
 Chapter 8.7. IMPACT FEES
 Article II. ADMINISTRATIVE PROVISIONS

§ 8.7-11. Payment.  

Latest version.

  • A.

    In connection with capital facilities impact construction located in the unincorporated areas of Polk County, Florida, an applicant shall pay the appropriate impact fee as established by this chapter prior to the issuance of a certificate of occupancy directly to the county.

    B.

    If the capital facilities impact construction is located within a city which has not entered into an interlocal agreement with the county to collect impact fees, the impact fees shall be paid directly to the county.

    C.

    If the capital facilities impact construction is located within a city which has agreed to collect impact fees, the impact fees shall be paid directly to the city according to the terms of the interlocal agreement between the city and the county pertaining to the payment and collection of impact fees.

    D.

    The impact fee shall be calculated according to the rate in effect at the time of payment, unless otherwise specifically stated herein.

    E.

    If the capital facilities impact construction undertaken does not require the issuance of a certificate of occupancy, the appropriate impact fee shall be paid prior to final inspection by either the county or a city.

    F.

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

    G.

    The payment of all impact fees shall be in addition to any other fees, charges or assessments imposed by the county or a city for the issuance of a certificate of occupancy.

    H.

    Prior to the impact fee payment date set forth in this section, the applicant of a capital facilities impact construction may enter into an impact fee agreement with the county providing for payment of the impact fees at a time other than as provided in this chapter. Such an agreement shall require the applicant to post an irrevocable letter of credit payable by a financial institution, acceptable to the county, to ensure payment of the impact fees at a time other than prior to issuance of the certificate of occupancy.

    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.

    No deferral of the payment of impact fees shall extend for a period greater than one year from the date of the certificate of occupancy, provided that the county manager may approve an additional period of twelve (12) months subject to the submission of a new application and an extension of the irrevocable letter of credit. Any requests for a twelve-month extension must be made in writing at least thirty (30) days prior to the expiration date of the irrevocable letter of credit.

(Ord. No. 18-048, § II(2.01), 7-24-18)