§ 56.39. Alternative Impact Fee.

In lieu of paying the fee imposed by section 56.35 of this ordinance, an applicant may propose and pay an alternative impact fee if such alternative fee is approved by the Orlando City Council in accordance with this section and the purpose and intent of this ordinance. Alternative impact fees must be approved by agreement between the city and the applicant. The purpose of this section is to provide a mechanism for setting a lawful and fair impact fee where an impact fee rate different from that which is established in section 56.35 of this ordinance is necessitated by the unique characteristics of a proposed residential development. An alternative impact fee agreement must be supported by a study conducted by a professional with experience in impact fee calculations. The alternative impact fee study and the derived alternative impact fee may not apply any kind of discount as is applied to the impact fee imposed by section 56.35 of this ordinance (sometimes referred to as a "policy discount"). The study must be delivered to the director at least 60 days before a building permit is issued for the respective residential development. The study and agreement may include, but is not limited to provisions that:

(a)

Modify the presumption of maximum impact as provided by section 56.36 of this ordinance. In doing so, the study or agreement must specify the unique characteristics of the proposed residential development that justifies a modified presumption of impact. The agreement must provide sufficient remedies for ensuring that the residential development substantially maintains the unique characteristics justifying the modified presumption of impact.

(b)

Provides an impact fee that differs from that rate imposed by section 56.35 of this ordinance if the alternative rate is supported by competent substantial and the most localized and recent planning and economic data then currently available.

(c)

In lieu of the requirements relating to the time of payment provided in section 56.35 of this ordinance, provides a schedule and method of payment for the alternative impact fee that is appropriate to the unique characteristics of the proposed residential development. The applicant must provide the city, in a form acceptable to the Orlando City Council, security ensuring payment of the impact fee within 90 days of issuance of the residential development's first certificate of occupancy, which security may be in the form of a cash bond, surety bond, an irrevocable letter of credit, negotiable certificate of deposit or escrow account, or a lien or mortgage on land subject to the applicable certificate or certificates of occupancy.

Agreements entered into pursuant to this section must be approved by the Orlando City Council before any building permit is issued for the respective residential development. The agreement may provide for execution by mortgagees, lienholders, or contract purchasers in addition to the applicant, and may permit any party to record the agreement in the official records of Orange County. The Orlando City Council may approve an agreement pursuant to this section only if finds that the agreement will fairly apportion the costs associated with providing new parks and recreation facilities consistent with Florida law relating to impact fees. Recognizing the extraordinary staff time involved with reviewing a proposed alternative impact fee study and agreement, Council may, by resolution, establish an appropriate fee for the submission of studies pursuant to this section.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205)