§ 8.7-18. Economic development impact fee mitigation program.

A.

Because the imposition of the impact fees herein may place the county in a noncompetitive position with other local governments that have chosen not to require growth to pay its fair share of needed capital facilities and thus hinder efforts by the county and the community to encourage economic development opportunities within the county and to create permanent employment expansion opportunities for the county's citizens, the county has created an economic development impact fee mitigation program for certain qualified target industry businesses or owners to mitigate any real or perceived disadvantage occurring from the imposition of the impact fees.

B.

To be eligible for an economic development impact fee mitigation, the capital facilities impact construction must meet the following requirements:

1.

Qualify as a qualified target industry business and: (1) create a minimum of ten (10) new jobs or a ten (10) per cent increase in existing employment with an average wage (excluding benefits as defined by Enterprise Florida) of at least one hundred fifteen (115) per cent of either Polk County's average wage; (2) provide a benefit package that includes health insurance and retirement; and (3) maintain the qualified target industry business within Polk County, including the jobs created at the target salary levels, for a minimum of seven (7) years; or

2.

Qualify as a qualified target industry business and: (1) create a minimum of ten (10) new jobs or a ten (10) per cent increase in existing employment with an average wage (excluding benefits as defined by Enterprise Florida) of one hundred (100) per cent of Polk County's average wage; (2) make a capital investment in the county of ten million dollars ($10,000,000.00) or greater in construction, renovations, equipment purchases, or other major capital investment items; and (3) maintain the qualified target industry business within Polk County, including the jobs created and the capital investment in the county, for a minimum of seven (7) years; or

3.

Qualify as an owner of real property upon which capital facilities impact construction is to occur, which facilities shall be leased for an initial term of no less than seven (7) years to a qualified target industry business that qualifies for an economic development impact fee mitigation under category B.1 or B.2 above.

C.

Any person seeking economic development impact fee mitigation shall file an application for mitigation with the county manager, along with an administrative review fee of five hundred dollars ($500.00) for review of the application, prior to the impact fee payment date pursuant to section 8.7-11 for the subject capital facilities impact construction. The application shall contain:

1.

A designation of the capital facilities impact construction for which the application is being submitted, including a current and complete legal description of the property upon which the qualified target industry business is proposed to be located;

2.

The name and address of the owner of the property upon which the qualified target industry business is proposed to be located;

3.

Proof that the capital facilities impact construction will be for a qualified target industry business;

4.

A notarized affidavit and all necessary supporting evidence affirming that the requirements of subsection B.1, B.2, or B.3 above will be met within one year of the date the certificate of occupancy is issued; and

5.

Other necessary information as determined by the county manager.

D.

Any applicant or owner who submits an application for economic development impact fee mitigation pursuant to this section and desires the immediate issuance of a certificate of occupancy prior to approval of the application shall pay prior to the issuance of the certificate of occupancy the impact fees imposed herein. Any difference between the amount paid and the amount due, should the county manager approve and accept the application, shall be refunded to the applicant or owner.

E.

If the capital facilities impact construction meets the requirements provided above for mitigation, the capital facilities impact construction shall be eligible for the following, subject to the limitations on mitigation availability pursuant to paragraph 1 below:

1.

If the capital facilities impact construction qualifies under subsection B.1 above, either the qualified target industry business or the owner, but not both, shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these mitigation amounts up to, but not exceeding fifty (50) per cent of the total impact fees, in the event the capital facilities impact construction exceeds these requirements:

Number of Jobs Created	Average Wage	Mitigation Amount
Minimum of 10 or 10% increase	115%	$3,500 per job created
Minimum of 10 or 10% increase	125%	$5,000 per job created
Minimum of 10 or 10% increase	150%	$7,500 per job created

 

2.

If the capital facilities impact construction qualifies under subsection B.2 above, either the qualified target industry business or the owner, but not both, shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these mitigation amounts up to, but not exceeding fifty (50) per cent of the total impact fees, in the event the capital facilities impact construction exceeds these requirements:

Number of Jobs Created	Total Capital Investment	Mitigation Amount
Minimum of 10 or 10% increase	$10,000,000 to $24,999,999.99	25% of total impact fees
Minimum of 10 or 10% increase	$25,000,000 to $49,999,999.99	30% of total impact fees
Minimum of 10 or 10% increase	$50,000,000 or more	40% of total impact fees

 

3.

If the capital facilities impact construction qualifies under subsection B.3 above, either the qualified target industry business or the owner, but not both, shall be eligible to receive an economic development impact fee mitigation in the amount of fifty (50) per cent of the total impact fees.

F.

While either the qualified target industry business or the owner may qualify for an economic development impact fee mitigation under subsection B.1, 2, or 3 above, no more than one impact fee mitigation may be granted for each capital facilities impact construction.

G.

If the county manager finds that the capital facilities impact construction meets the requirements provided herein for mitigation, the county manager shall bring an impact fee mitigation agreement to the board, which shall contain, but not be limited to, the Polk County impact fee mitigation application for qualified target industries and any other documents as requested by the county manager. The impact fee mitigation agreement shall be recorded in the public records of the county and shall include provisions imposing a lien on the capital facilities impact construction in the amount of the impact fees mitigated pursuant to the agreement for a period of seven (7) years. Such lien shall have priority over all other liens except for first mortgages, taxes and other governmental liens and assessments. In lieu of imposition of a lien for a period of seven (7) years, and with the concurrence of the county manager, the applicant may post an irrevocable letter of credit payable by a financial institution, acceptable to the county, to ensure payment of the impact fees in the event the property no longer qualifies for the economic development impact fee mitigation during the seven-year period. 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.

H.

The amount of the impact fees shall not be increased to replace any revenue lost due to the economic development impact fee mitigation program.

(Ord. No. 18-048, § II(2.08), 7-24-18)