§ 62-933. Exemptions, credits and incentives.

(a)

Exemptions. The following shall be exempted from payment of the educational facilities impact fee:

(1)

Alteration or expansion of an existing residential building where no additional dwelling units are created.

(2)

The construction of accessory buildings or structures where no additional dwelling units are created.

(3)

The replacement of an existing residential building, including those partially or entirely damaged or destroyed, with a new unit of the same type and use.

(4)

Any nonresidential building or structure.

(5)

The construction of government owned residential buildings, which are utilized m their entirety for public purposes.

(6)

Any new single-family detached residence, attached residential dwelling, manufactured or mobile home located in a development that provides significant facilities and services designed to meet the physical or social needs of older persons and where, by recorded deed restriction, recorded declaration of covenants and restrictions, recorded plat restriction or recorded by-laws that require at least one person in each residence to be age 55 or older and that prohibit any person that has not achieved the age of 18 years to reside on a permanent basis. The fee payer must claim an exemption at the time of the application for a building permit or permit for the installation of a manufactured or mobile home. Any exemption not so claimed is considered waived by the fee payer. In the event that the recorded age 55 and older restriction is breached or otherwise modified within the 30-year period following recording such that a person less than 18 years of age is allowed to reside on a permanent basis in any dwelling unit, the educational facilities impact fee in effect for that dwelling unit at the time of the change of circumstances shall be due and payable.

(b)

Credits. Upon the recommendation of the school board, the board of county commissioners may award a credit against the educational facilities impact fees to be assessed on a particular residential development project if the school board has accepted the offer of a developer to donate land and/ or construct all or a part of an eligible educational facility shown in the tentative district educational facilities plan or appropriate to the implementation thereof. The amount of credit awarded shall not exceed the appraised value of donated land at the time of donation or the actual cost of constructing the educational facility. The board of county commissioners may require appraisals, engineering and construction documentation, and competitive bid documents to determine the amount of credit awarded.

(1)

No credit shall be granted for any costs, contribution, payment, construction or land received by the school board of Brevard County if said costs, contribution, payment, construction or land dedication is received or made before a credit agreement is approved by the board of county commissioners and fully executed by all applicable parties. Any claim for credit not so made and approved shall be deemed waived.

(2)

Credit shall only be awarded for the construction of or land donations for eligible educational facilities.

(3)

To the extent not waived by the provisions of subsection 62-933(b)(1) above, when a development of regional impact (DRI) development order includes exactions for eligible educational facilities or sites, the board of county commissioners shall award the developer a credit against the educational facilities impact fees assessed within the DRI in an amount equivalent to the value of the exactions at the time that they were accepted by the school board.

(4)

When an existing residential use is demolished and replaced by a different type of residential use, the fee payer shall be entitled to a redevelopment credit. The redevelopment credit shall be calculated as the dollar amount difference between the educational impact fee rate for the new use and the educational impact fee rate for the demolished use as established by section 62-927. In the event that the educational impact fee rate for the demolished use exceeds the educational impact fee rate for the new use, no refund shall be given.

(c)

Incentives. As an incentive to promote the construction of new housing that is affordable to lower income households, the board of county commissioners establishes the following incentives, subject to the availability of budgeted funds, on a first-come, first-served basis.

(1)

For homebuyers with a family income of at least 66 percent but not more than 80 percent of the area median income, the board of county commissioners may provide a loan in the amount of 25 percent of the educational facilities impact fee due on the property. This loan shall carry an interest rate of zero percent and shall be forgiven at a rate of ten percent of the original amount for each year that the original homebuyer resides on the property. The homebuyer shall pay the remaining 75 percent of the educational facilities impact fee according to the provisions of this division.

(2)

For homebuyers with a family income of at least 51 percent but not more than 65 percent of the area median income, the board of county commissioners may provide a loan in the amount of 50 percent of the educational facilities impact fee due on the property. This loan shall carry an interest rate of zero percent and shall be forgiven at a rate of ten percent of the original amount for each year that the original homebuyer resides on the property. The homebuyer shall pay the remaining 50 percent of the educational facilities impact fee according to the provisions of this division.

(3)

For homebuyers with a family income of not more than 50 percent of the area median income, the board of county commissioners may provide a loan in the amount of 75 percent of the educational facilities impact fee due on the property. This loan shall carry an interest rate of zero percent and shall be forgiven at a rate of ten percent of the original amount for each year that the original homebuyer resides on the property. The homebuyer shall pay the remaining 25 percent of the educational facilities impact fee according to the provisions of this division.

(4)

A property owner applying to qualify for the incentive loan provided for in this subsection shall, upon county approval of the application, execute a notice of assessment setting forth the balance of the educational facilities impact fee that remains unpaid. The notice shall be in recordable form and the county shall record the notice in the official records of the county. Upon execution, the notice of assessment shall constitute a lien for the balance of the educational facilities impact fee that is due under the terms and conditions of this subsection. If the property owner qualifying for the incentive provided for herein continuously resides on the qualified property for the full ten-year term thereby causing the forgiveness of the loan in accordance with this subsection, the county shall cause a release of lien to be recorded. If the property owner qualifying for the incentive ceases to continuously reside on the qualified property at any time, the balance of the impact fee loan outstanding at that time shall be due and payable by the owner of the qualified property or, in the case of a sale, by their successor in title to the qualified property.

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 16-19, § 6, 10-4-16)