§ 8.7-61. Definitions applicable to educational system impact fees.

In addition to the general definitions contained in section 8.7-2 of this chapter, the following terms shall have the following meanings in the application of the educational system impact fees:

Ancillary plant shall mean the buildings, sites and site improvements necessary to provide support services to educational programs and shall include, but not be limited to, such facilities as vehicle maintenance, warehouses, maintenance or administrative buildings not located at educational plants. Any such building, site or site improvement may be independently referred to as an ancillary facility.

Auxiliary facilities shall mean those portions of an educational plant which are not designated for student occupant stations.

Educational facilities shall mean the building, furniture and equipment that are built, installed or established to serve educational purposes and are designated for student occupant stations or to facilitate the delivery of educational services.

Educational plant shall mean the land, building, furniture, equipment and site improvements necessary to accommodate students, faculty, administrators, staff and the activities of the educational programs and services for each student and shall include both the educational facilities and auxiliary facilities.

Educational system shall mean the educational plants and ancillary plants which are used to provide instruction within the public schools or the administrative or support activities related thereto.

Educational system impact fee shall mean the impact fee imposed to fund growth-necessitated capital improvements to the educational system.

Educational system impact fee study shall mean the study adopted pursuant to section 8.7-5, as amended and supplemented pursuant to section 8.7-121 hereof.

Housing for older persons shall mean residential dwelling units that:

1.

Are within a community or subdivision that is operated as housing for older persons in compliance with the terms and provisions of the Federal Fair Housing Act, Title VIII of the Civil Rights Acts of 1968, as amended by the Fair Housing Amendments Act of 1988 and the Housing for Older Persons Act of 1995, 42 U.S.C. § 3601-19, or its statutory successor in function; and

2.

Prohibit any person under the age of eighteen (18) years of age from residing within any dwelling unit on the property as a permanent resident, as evidenced by a recorded declaration of covenants and restrictions that runs with the land and is not subject to revocation or amendment for a period of at least thirty (30) years from the date of recording.

Public schools shall mean all kindergarten classes; elementary, middle and high school grades and special classes; and all adult, part-time, vocational and evening schools, courses or classes operated by law under the control of the school board.

Residential construction shall have the meaning set forth in section 8.7-2 of this chapter. In the administration of this chapter the term "residential construction" shall be included within the definition of the term "capital facilities impact construction" for purposes of the educational system impact fees.

School board shall mean the school board of Polk County, Florida, which is the governing body of the school district of Polk County, Florida.

Student occupant station shall mean the area necessary for a student to engage in educational activities, excluding ancillary and auxiliary spaces.

(Ord. No. 18-048, § VI(6.01), 7-24-18)