§ 23-45. Imposition of fire protection and emergency medical services capital facilities impact fee.

(a)

Any person who, after the effective date of this division, seeks to develop land located in Hernando County by applying for a building permit or certificate of use to make an improvement to land shall be required to pay a fire protection and/or emergency medical services capital facilities impact fee or fees in the manner and amount set forth in this division.

(b)

No building permit or certificate of use for any activity requiring payment of the fire protection and/or emergency medical services capital facilities impact fees pursuant to section 23-46 of this division shall be issued unless and until the impact fee or fees hereby required has been paid as provided in section 23-47 of this division.

(c)

Impact fees for existing nonresidential buildings. No impact fees shall be charged for existing nonresidential buildings except as provided below:

(1)

Where a change in the use of all or a portion of a nonresidential building less than five (5) years old results in the requirement for an additional impact fee, such change of use of the building shall be subject to impact fees as required under the provisions of this division.

(2)

Nonresidential buildings over five (5) years old shall not be subject to impact fees.

(3)

An alteration or change of use involving an addition to a nonresidential building of any age will be subject to impact fees for the area of the building addition.

(d)

Impact fees under this division may not be prepaid after June, 2, 2005. Impact fees are not transferable from one (1) parcel to another. Impact fees that were prepaid on or prior to June 2, 2005, under this division shall vest the parcel for the land use for which the fees are paid from any increase in the fire protection and emergency medical services capital facilities impact fee through the period ending June 2, 2012, and further provided that a valid building permit has been issued by the building department for said parcel within this period. In the event that the parcel owner does not obtain, or chooses not to obtain, a valid building permit by June 2, 2012, then all impact fees previously prepaid against said parcel shall become refundable to the current parcel owner of record, together with interest at the county's average annual rate of return (and calculated from the date the impact fee was paid to the county through the date the county issues a refund check, but no later than June 2, 2012); however, nothing herein shall prevent the parcel owner from requesting this refund at any time after June 2, 2005. The current parcel owner of record must file a written request with the county building department as a prerequisite to obtaining this refund. Following June 2, 2012, all amounts previously prepaid under this division together with afore-described interest (and not otherwise refunded) shall continue to remain as a credit against future impact fees requirements (the prevailing impact fee rate structure at time of building permitting) as to said parcel, or until such time as a request for refund has been received; however, interest shall no longer accrue after June 2, 2012. No refunds shall be made for any prepaid impact fees except as otherwise provided for in this division.

(Ord. No. 86-31, § 5, 12-16-86; Ord. No. 93-11, § 5, 5-4-93; Ord. No. 96-12, § 5, 7-16-96; Ord. No. 97-17, § 5, 7-7-97; Ord. No. 2001-01, § 5, 1-9-01; Ord. No. 2005-05, § 1, 6-2-05; Ord. No. 2005-16, § 1, 9-20-05; Ord. No. 2008-09, § 1, 4-9-08; Ord. No. 2009-14, § 1, 11-10-09; Ord. No. 2010-13, § 1, 5-25-10; Ord. No. 2011-20, § 1, 11-15-11; Ord. No. 2011-8, § 1, 5-24-11)