beaufort county ordinance 95/26 school facilities an ......~ r1275 whereas, the council therefore...

BEAUFORT COUNTY ORDINANCE 95/26

School Facilities

AN ORDINANCE OF THE COUNTY COUNCIL OF BEAUFORT COUNTY, SOUTH CAROLINA ("COUNCll..") ESTABLISHING AND ADOPTING A SCHOOL FACILITIES IMPACT FEE ("IMPACT FEE") TO BE IMPOSED ON ALL NEW RESIDENTIAL . DEVELOPMENT PURSUANT TO ORDINANCE NO. 95/23 "IMPACT FEE , PROCEDURES" AND THE INTERLOCAL AGREEMENTS BETWEEN BEAUFORT COUNTY ("COUNTY"), AND THE SCHOOL DISTRICT OF BEAUFORT COUNTY ("SCHOOL DISTRICT") AND BETWEEN THE COUNTY AND THE INCORPORATED CITIES AND TOWNS WITHIN BEAUFORT COUNTY ("CITIES" AND "TOWNS") TO ENSURE THAT SCHOOL FACILffiES WILL BE AVAILABLE AND ADEQUATE TO ACCOMMODATE THE DEMAND FOR SCHOOL FACILITIES PROJECTED TO BE GENERATED BY THE SCHOOL CHILDREN IN NEW RESIDENTIAL DEVELOPMENTS AT THE SCHOOL DISTRICT'S ADOPTED LEVEL OF SERVICE STANDARDS, AND TO ASSIGN THE COST OF SUCH SCHOOL FACILITIES PRO RATA TO NEW DEVELOPMENT IN PROPORTION TO THE NEEDS GENERATED BY PROJECTED NEW RESIDENTIAL DEVELOPMENT.

WHEREAS, Beaufort County ("County") has experienced rapid population growth and development for the past 25 years and projections indicate that the growth will continue at that rate, or at a higher rate, in the future; and

WHEREAS, the County has recently experienced the impacts on public facilities resulting · from major, large-scale development proposals; and

WHEREAS, many schools in the School District are presently overcrowded and portable classrooms are in widespread use; and

WHEREAS,population and growth projections used by the School District indicate a need for four (4) new elementary schools, two (2) new middle schools and one (1) new high school just over the next 10-15 years, in addition to needed renovation, rehabilitation, repair, maintenance, modernization and equipping of existing schools; and

WHEREAS,the School District has certain defined level of service standards by grade level relating to school site sizes, school population, instructional classroom size, maximum teacher-student ratio, minimum square feet per student, and student generation rates; and

WHEREAS, these level of service standards and the projected residential development dictate future school needs; and

*22Z7CWOS 001 1 June 26, 1995

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WHEREAS,the cost of land acquisition and construction and equipping of new schools is significant and expensive; and

WHEREAS, if bonds, backed only by property taxes, are used to finance new schools needed to meet the demand generated by new residential development, the school facilities are largely paid for by existing residents of Beaufort County, who have already paid for the schools needed to serve them and who have not generated the demand for the new schools; and

WHEREAS,the County therefore finds that it is fair and equitable for new development to fund, in whole or in part, the cost of new school facilities whose need will result from such new residential development; and

WHEREAS, because all new residential development (dwelling units) generates a demand for school facilities based on the same student generation rate, i.e., elementary school- .13 students

' per dwelling unit, middle school - .06 students per dwelling unit and high school - .06 students per dwelling unit, the school facilities impact fee shall be imposed uniformly on all new dwelling units,

' regardless of size, type or density; and

WHEREAS,because the School District serves the entire County, the school facilities impact fee shall be imposed unifonnly on all new dwelling units, regardless of the location of the residential development within the County; and

WHEREAS, because non-residential development does not directly generate school children, the school facilities impact fee shall not be imposed on such development; and i

WHEREAS, the Council has given ample consideration to the provision and financing of 1 schools, and has consulted with the School Board, and hereby finds and declares that the

establishment and adoption of the school facility impact fee imposed on new residential development based on current costs and the demand generated by projected new residential development furthers the public health, safety and welfare of the County and its residents; and

WHEREAS, the County, the cities and towns and the School District are empowered to execute intergovernmental agreements on the subject of school facilities impact fees; and

WHEREAS,because only the County and the cities and towns are authorized to impose and collect school facilities impact fees, but only the School district is authorized to construct schools, the intergovenunental agreements shall provide for the transfer of school facilities impact fee revenues from the County and the cities and towns to the School District; and

WHEREAS,the intergovernmental agreements and the County school facilities impact fee ordinances shall ensure that the school facilities impact fee monies collected and transferred to the School District are spent for school facilities designed to serve new residential development; and

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WHEREAS, the Council therefore deems it advisable to adopt the school facilities impact fee pursuant to the Impact Fee Procedures and an intergovernmental agreement with the School I

District and with the cities and towns in the County, and as hereinafter set forth; '

I NOW, THEREFORE, BE IT ORDAINED by the County Council of Beaufort County,

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South Carolina that: i

SECTION 1. ADOPfiON AND IMPOSITION OF SCHOOL FACILITIES IMPACT FEES.

Pursuant to the Impact Fee Procedures, the intergovernmental agreements with the School 1 I

District and with the cities and towns, this Ordinance and other applicable provisions of the County 1

Code, the school facilities impact fee shall be adopted and imposed on all new residential development 1

in the County, both in incorporated and in unincorporated areas, in accordance with the Beaufort County School Facilities Impact Fee Schedule (Attachment A) attached hereto and incorporated herein by reference.

SECTION 2. DEFINITIONS

A. Reference to Impact Fee Procedures. Terms which are defined in the adopted Impact Fee Procedures and which are used herein shall have the meanings given in the Impact Fee

1 Procedures, unless another meaning is plainly intended.

B. Reference to Beaufort County Code. Terms which are defined in the Beaufort County Code and which are used herein shall have the meanings given in the Beaufort County Code, unless another meaning is plainly intended.

B. This Ordinance. For purposes of this Ordinance, the following words and terms shall 1

have the meanings set forth herein, unless another meaning is clearly indicated. '

1. Adopted Level of Service (LOS) Standard means and refers to the adequacy I of school facilities to accommodate the students from new residential development at the School I.

District's level of service standards.

2. City means and refers to each of the incorporated cities within Beaufort i County, which are political subdivisions of the state of South Carolina, possessing all powers I

available generally to cities in South Carolina. I

3. City Council means and refers to the elected governing body of each city ' within Beaufort County.

4. County means and refers to Beaufort County, a political subdivision of the I

State of South Carolina, and possessing all powers available generally to counties in South Carolina.

N22XI0/9 · 3-001 3 June 26, 1995

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5. County Council means and refers to the elected governing body of Beaufort County.

6. Demand means and refers to the increment of school facilities that a new : residential dwelling unit requires and utilizes, measured by the applicable student generation rate.

7. Dwelling Unit means and refers to all residential units, including, but not limited to, single-family attached, single-family detached, duplex, condominium, townhouse, multi

~ : family, and mobile home, but excluding hotels and motels.

8. Intergovernmental Agreement means and refers to an agreement executed by the County and the School District and by the County and cities and towns providing, inter alia, for the collection of school facilities impact fees by the County and the cities and towns, for the transfer of all school facilities impact fee revenues to the County and then to the School District, and for the expenditure of said revenues by the School District for school facilities, as herein defined, to

i i accommodate new residential development at the School District's level of service standards. I!

9. New Residential Development means and refers to any application for a , development permit or, if a development permit is not required, a building permit, as required I:

pursuant to Article VI, Development Permits, but excluding

[a] non-residential development and development exempt from a development permit pursuant to Article VI, Section 6.2 B-F;

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[[b] a single-family dwelling unit on a platted lot recorded and owned by :1

' an individual prior to the effective date of this Ordinance and which owner is the applicant for the building permit which would otherwise trigger the school impact fee requirement. In order to be exempt from the school impact fee requirement pursuant to this subsection, the individual applicant for the building permit must provide a notarized affidavit stating that the proposed single-family dwelling unit is intended for owner occupancy.

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10. Non-Residential Development means and refers to all development other than dwelling units.

11. Residential Development means and refers to the development of one (1) or more dwelling units.

12. School Board of Beaufort County means and refers to the elected governing body of the School District.

13. School District means and refers to the School District of Beaufort County, a political sulxlivision of the state of South Carolina, possessing all powers available generally to school districts in South Carolina.

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14. School Facilities means and refers to elementary, middle, high schools and · special schools and/or classrooms designed to provide capacity for students generated by new : residential development in Beaufort County including, but not necessarily limited to, the following:

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1 the planning, design, engineering and construction of the school buildings and associated playgrounds I and recreation areas, parking, lighting, landscaping, sidewalks, internal streets, access roads and I driveways; legal appraisal and all other costs associated with the acquisition of land; fmancing and

, I development costs; site preparation costs; and costs associated with the construction of new, or 1

additions to or expansions of existing school facilities including elementary, middle and high schools, special schools and special classrooms which add capacity to the school system.

15. School Facilities Impact Fee means and refers to a monetary exaction imposed on new residential development on a pro rata basis in connection with and as a condition of development approval, and which has been calculated to defray the costs of school facilities the demand for which is generated by such new residential development.

16. Student Generation Rate (SGR) means and refers to the number of elementary, ' middle and high school students generated by a typical dwelling unit in Beaufort County, and used

by the School District for planning and capital improvements programming purposes.

17. Town means and refers to each of the incorporated towns within Beaufort County, which are political subdivisions of the state of South Carolina, possessing all powers

' available generally to towns in South Carolina.

18. Town Council means and refers to the elected governing body of each town ! within Beaufort County.

SECTION 3. ESTABLISHMENT OF SCHOOL FACILITIES IMPACT FEE AREA.

The school facilities impact fee shall be calculated and imposed throughout Beaufort County.

SECTION 4. IMPOSITION OF SCHOOL FACILITIES IMPACT FEE.

The school facilities impact fee shall be imposed on all new residential development in Beaufort County unless an exception or waiver is granted by the County Council pursuant to Section 7 of Ordinance No. 95/23. If an exception or waiver is granted, the impact fees which otherwise would have been due shall be provided by the School District using funds available for new residential growth needs from the successful School District bond election in May 1995.

1 I SECTION 5. CALCULATION OF SCHOOL FACILITIES IMPACT FEE.

I: f : A. The County shall calculate the applicable school facilities impact fee due from a

proposed residential development in accordance with the procedure set forth in the Impact Fee Procedures of the Beaufort County Code, in accordance with the intergovernmental agreement, in

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accordance with this Ordinance, and at the impact fee amount set forth in the Schedule attached hereto and incorporated herein (Attachment A) and in effect at the time of building permit application.

B. The following general procedure shall be followed by the County upon receipt of an application for a development permit for new residential development:

1. identify the number of dwelling units in the proposed new residential development;

2. multiply the number of dwelling units by the impact fee per dwelling unit.

SECTION 6. TRUST FUND ESTABLISHED.

The County hereby establishes a segregated School Facilities Impact Fee Trust Fund Account. All school facilities impact fees collected by the County or transferred from cities and towns to the County shall be placed in the Trust Fund Account until transferred to the School District for

1 expenditure on school facilities as herein defined. The Trust Fund shall be an interest-bearing account and all interest earned and accruing to the account shall become funds of the account, subject. to the same limitations and restrictions on use and expenditure of funds that are applicable to school facilities impact fee funds collected from new residential development.

SECTION 7. LIMITATIONS ON USE AND EXPENDITURE OF SCHOOL FACILITIES IMPACT FEE FUNDS ..

School facilities impact fee funds (and interest) must be transferred to the School District in accordance with the intergovernmental agreement with the School District and then used by the School District solely and exclusively for school facilities as defined herein, the need for which results from new residential growth and which shall be used as additional funds for the retirement of that

1 portion of the outstanding bonded indebtedness incurred by virtue of the successful school bond referendum in May 1995 which provides additional school capacity.

SECTION 8. LIBERAL CONSTRUCTION.

The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of furthering, promoting and protecting the public health, safety and welfare.

SECTION 9. SEVERABILITY.

Should any sentence, clause, part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the sa.r:re shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part declared to be invalid.

ADOPTED this 26th day of June, 1995.

6 June 26, 1995

ATTEST:

ot-3~ A-~ (L ~~ Clerk to Council

First Reading: Second Reading:: Public Hearings: Third and Final Reading::

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May 8,1995 June 12, 1995 June 12 and June 26, 1995 June 26, 1995

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June 26, 1995

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ATTACHMENT A

BEAUFORT COUNTY, SOUTH CAROLINA SCHOOL FACILITIES IMPACT FEE SCHEDULE

Type of Development Impact Fee Per Dwelling Unit

All Dwelling Units $953

8 June 26, 1995

Intergovernmental Agreements

II

mTERGOVERNMENTALAGREEMENT BETWEEN BEAUFORT COUNTY, SOUni CAROLINA

AND THE SCHOOL DISTRICT OF BEAUFORT COUNTY

11380

~. f\ c-~ \'i-TIIIS AGREEMENT made and entered this ~ day of~· 1995, by and

. . between Beaufort County, South Carolina ("County") and the School District of Beaufort County

. '

("School District ") provides for the County and, through intergovernmental agreements, the City of

Beaufort and the Towns of Bluffton, Hilton Head Island and Port Royal, to collect, at the time of

issuance of building permits, school facilities impact fees imposed on all new residential development

in the County pursuant to Ordinance No. 95/23, adopted by the County Council of Beaufort County

("County Council") on June 26, 1995, and to transfer said impact fees to the School District for

appropriation in accordance with the specific restrictions and limitations set forth in County

Ordinances No. 95/23 and 95/26.

RECITALS

WHEREAS, the County has adopted Ordinance No. 95/23, known as the Impact Fee

Procedural Ordinance, and Ordinance No. 95/26, known as the School Facilities Impact Fee

Ordinance applicable county-wide and to be collected by the County in the unincorporated areas and

within the municipal boundaries of the City of Beaufort and the Towns of Bluffton, Hilton Head

, Island and Port Royal by those entities, at the time of building permit issuance for a new residential

development, as defined in the referenced County Ordinances; and

WHEREAS, it is essential that the school facilities impact fee be collected uniformly county-

wide; and

1122971190573.()()1 1 August 24, 1995

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WHEREAS, the School District and the County agree that all school facilities impact fees

collected shall, within a reasonable time, be transferred to the Beaufort County School District

("School District") for the purpose of funding school facilities whose need results from new

residential growth and which shall be used as additional funds for the retirement of that portion of the

outstanding bonded indebtedness incurred by virtue of the successful School District bond referendum

in May 1995 which provides additional school capacity; and

WHEREAS, the County has the power and authority to enact, impose and collect school

impact fees, and, via intergovernmental agreements, the City of Beaufort and the Towns of Bluffton,

Hilton Head Island and Port Royal have the responsibility for the collection of the school facilities

impact fees and to transfer such fees to the School District for proper capital facility expenditure; and

WHEREAS,the School District concurs with the County's methodology for the calculation

of the school facilities impact fee per new residential dwelling unit; and

WHEREAS,the parties agree that the purpose of this Agreement is to permit the County to

cooperate and to assist the School District to ensure the provision of school facilities necessary to l

meet the demand generated by projected new residential development; and

WHEREAS, this Agreement is not intended to, and does not alter or change the

responsibilities of each of the parties hereto, nor does it relieve any party of any function, duty or

obligation otherwise imposed by law; and

WHEREAS, this Agreement is authorized by, and is enacted by the parties pursuant to state

law; and

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WHEREAS, this Agreement, upon its execution by the parties hereto shall be on f:tle with

the Clerk to the County Council of Beaufort County and the Superintendent of the School District

: of Beaufort County;

NOW, THEREFORE, the parties to this Agreement do agree as follows:

SECTION 1. TITLE

This Intergovernmental Agreement for the Collection, Transfer and Expenditure of School

Facility Impact Fees shall hereinafter be referred to as the "Agreement"

SECTION 2. PURPOSE

The purpose of this Agreement is to ensure that school facilities impact fees which are

imposed on new residential development county-wide and which are collected by the County, and

through intergovernmental agreements with the City of Beaufort and the Towns of Bluffton, Hilton I

Head Island and Port Royal are retained by the County in a segregated interest-bearing trust fund

account and, when transferred to the School District for appropriation and expenditure on eligible

capital projects providing capacity for new residential developments, are subject to the conditions,

restrictions and limitations set forth in Ordinance Nos. 95/23 and 95/26 and in this Agreement

SECTION 3. REFERENCES TO COUNTY ORDINANCES

This Agreement hereby expressly incorporates by reference Beaufort County Ordinance No.

95/23 and 95/26.

i122!171190573-00 1 3 AUJ!USI 24, 199S

SECTION 4. DURA TIONtrERMINATION OF AGREEMENT

(1) Duration of Agreement.

This Agreement shall remain effective from the date of its execution by the parties hereto

for a period of not less than 10 years, unless terminated by mutual agreement of the parties hereto.

If not terminated prior to or at the end of the 10-year period, it shall continue in effect.

(2) Tennhmdon of Agreement.

(a) This Agreement may be terminated prior to the expiration of the 10-year,

period set forth in§ 4(1) above only by the mutual agreement of the parties hereto.

(b) This Agreement may be terminated after the expiration of the 1 ()..year period

set forth in§ 4(1) above by the unilateral action of either of the parties to the Agreement; provided, l however, that such termination action may only occur after the party seeking termination provides

notice to the other party to the Agreement at least ninety (90) days prior to taking such action and

I notices, schedules and holds at least one (1) hearing at which the other party shall have been given

notice and have an opportunity to be heard.

(c) Following notice and an opportunity to be heard as set forth in§ 4(2)(b)

above, the party seeking termination may, by appropriate action, as applicable, terminate the

Agreement.

SECTIONS. AMENDMENTS TO THE AGREEMENT

This Agreement may be amended only by the mutual consent of the parties hereto and in the

same manner as the original adoption hereof.

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SECTION 6. RESPONSWILIDES OF THE COUNTY

(I) The County shall be responsible for the collection of school facilities impact fees from

alJ new residential development, as deflned.

(2) The amount of the school facilities impact fee collected from new residential

, development shall by based upon the fee in effect at the time of building permit issuance.

(3) No building permit for new residential development shall be issued unless the school

facilities impact fee has been paid in full by the applicant, unless otherwise waived in full or part by

the County pursuant to the provisions of Ordinance 95/23.

(4) Upon the collection of the school facilities impact fee, or upon the receipt of school

facilities impact fee funds transferred from the City of Beaufort or the Towns of Bluffton, Hilton

Head Island and Port Royal, the County shall deposit such fees in a segregated, interest-bearing trust

fund account which is subject to appropriate accounting controls to ensure that it will be transferred

to the School District for capital facility projects at appropriate times.

(5) The County shall periodically effectuate such fund transfers upon the request of the

School District. Such requests shall be specific as to: the project to be funded in whole or in part

with the school facilities impact fee funds; the location of the project; the type of school facility to

be constructed (i.e., elementary, middle or high school); the capacity, in students, which will be

provided by the facility; the square footage of the project; the use of other funding sources; the timing

of initiation of construction of the project; the estimated date of completion of the project.

(6) Annually or, if deemed advisable, more frequently, the County shall prepare an annual

report pursuant to the Impact Fee Procedures, Ordinance No. 95/23.

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(7) In order to compensate the City of Beaufort and the Towns of Bluffton, Hilton Head

Island and Port Royal for the collection and administration of the school facilities impact fee within

their jurisdictions, these entities shall be authorized to withhold from the impact fee paid an amount

equal to 1% of the impact fees collected by each municipality.

(8) All school facilities impact fee funds collected shall be restricted in their appropriation

and use in accordance with County Ordinances Nos. 95/23 and 95/26.

(9) The County shall be responsible for interpretation of County Ordinances Nos. 95/23

and 95/26.

SECTION 7. RESPONSIBILITIES OF THE SCHOOL DISTRICT

(1) The School District shall be responsible for filing specific requests for the use of

school facilities impact fees for specific projects which are needed to meet demands created by new I

residential development I (2) Upon the receipt of school facility impact fee funds for a specific project, the School I

District shall deposit such funds in a School District account until actually needed; provided,

however, that the School District shall maintain rigorous accounting controls to ensure that such

funds are used solely and exclusively for the project described in the request.

(3) Upon the actual expenditure of school facility impact fee funds, the School District

shall notify the County and verify that the funds were expended in accordance with the terms of this I

Agreement and the limitations of County Ordinance Nos. 95/23 and 95/26.

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SECTION 8. GOVERNING LAW

1bis Agreement and its interpretation and performance shall be governed and construed by

the laws of the state of South Carolina.

SECTION 9. INDEMNIFICATION

The County hereby agrees to indemnify and save harmless the School District, its officials,

1, both elected and appointed, its officers, agents and employees from and against any and all liability,

claims, demands, damages, fines, penalties, suits, proceedings, actions and cost of actions, including

attorneys' fees for trial and on appeal of any kind and nature arising or growing out of or in any way

connected with the performance of acts or the failure to perform acts pursuant to this Agreement.

SECTION 10. CONFLICT

To the extent of any conflict between other County ordinances and this Agreement, this

Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal

any existing County ordinances.

SECTION 11. COOPERATION BETWEEN AND AMONG THE PARTIES

The County and the School District agree to cooperate with each other in all respects

regarding the matters addressed in this Agreement.

SECTION 12. SEVERABILITY

If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any

reason, held invalid or unconstitutional by any court of competent jurisdiction, such section,

subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct and independent

provision and such holding shall not affect the validity of the remaining portions of this Agreement.

1122971190573-001 7 August 24, 1995

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' SECTION 13. EFFECTIVE DATE

This Agreement shall become effective immediately on the date of approval by the parties

' i · hereto. .J.L

APPROVED this~ day of ~~ , 1995.

ATIEST:

~-k~ {l_~w, Clerk to Council

COUNTY COUNCIL OF BEAUFORT COUNTY, SOUTH CAROLINA

~

SCHOOL DISTRICT OF BEAUFORT COUNTY

8 August 24, 1995

BEAUFORT COUNTY 1

REQUEST FOR RESIDENTIAL ll\1PACT FEE \VAI'VEif l .... S S

APPLICANT'S NAME __________ .DISTRICT/MAP/PARCEL -------

.MAILING ADDRESS

DAYT~EPHONEN~BER _______________________________________ __

I hereby request a waiver from payment of impact fees normally imposed on new residential construction for the reason checked below:

__ I am the owner of the above identified single-family platted/recorded lot and have been continuously since prior to June 26, 1995.

__ The lot on which my residence is to be constructed is family property, and I am a certifiable family member/heir. (NOTE: Applicant must submit suitable documentary proof of family relationship and lot, or lot share, ownership.)

-~ My total family income, averaged over three prior tax years is $ . (NOTE: Applicant must submit photocopies of federal income tax returns, Form 1040, as filed for last three years.) Accordingly, 1/we qualifY for the impact fee waiver granted to: Very Low Income Families

Low Income Families --Moderate Income Families --

I understand fully that this application is subject to review by the Beaufort County Director of Building Codes at which time docwnentary evidence will be verified; and that any false or incomplete documentation will be grounds for denial of my \vaiver request. I further understand that, if this waiver request is denied, a building permit and/or certificate of occupancy for my residence may be withheld until full payment of impact fees due is made.

SIGNED~-----------------------Ov·mer or Authorized Agent

Sworn to and subscribed before me this ____ day

DATE ____________ _

______________ ,19

My Commission expires _____ _ Notary Public of SC

-----------------------------------------------------------------------------------FOR OFFICIAL USE ONLY

Fon.varded to County Date: -----

Received at County Date: -----

Waiver Percentage: 100 Other ____ _ (Show Amount)

Waiver Denied --

__ Approved by:_ Date: _____ _ Director of Building Codes. Beaufort County

II

~TERGOVERNMENTALAGREEMENT BETWEEN BEAUFORT COUNTY, SOUTH CAROLINA

AND THE CITY OF BEAUFORT

THIS AGREEMENT made and entered this ___j_f-day of Se.p*-1995, by and

between Beaufort County, South Carolina ("County") and the City of Beaufort ("City") provides for

the City to collect, at the time of issuance of building permits, school facilities impact fees imposed

on all new residential development in the County pursuant to Ordinance No. 95/23, adopted by the

County Council of Beaufort County ("County Council") on June 26, 1995, and to transfer said impact

fees to the County for appropriation in accordance with County Ordinance3 No. 95/23 and 95/26.

RECIIALS




by the City within its municipal boundaries at the time of building permit issuance for new residential

development, as defined in the referenced County Ordinances; and


wide; and

WHEUAS, the City and the County agree that all school facilities impact fees collected

shall ultimately be transferred to the Beaufort County School District ("School District") for the

purpose of funding school facilities needed as a result of new residential development and which shall

be used as additional funds for capital improvements or for the retirement of debt for capital

improvements; and

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WHEREAS, this Agreement is authorized by, and is enacted by the parties pursuant to

S.C. Code Ann. §6-1-20 (Supp. 1994); and

WHEREAS, this Agreement, upon its execution by the parties hereto shall be on file with

the Clerk to the County Council of Beaufort County and the City Clerk of the City of Beaufort.


SECTION 1. TITLE

This Intergovernmental Agreement for the Collection of School Facility Impact Fees shall

hereinafter be referred to as the "Agreement."

SECTION l. PURPOSE AND INTENT

The purpose of this Agreement is to ensure that school facilities impact fees are imposed on I

new residential development county-wide, including new residential development within the City of I I

Beaufort. I

It is the intent of this Agreement that the school facilities impact fees, which are imposed

county-wide, are collected unifonnly throughout the County, both in incorporated and unincorporated

areas of the County. It is the further intent of this Agreement that upon collection of school facilities

impact fees, such funds shaD. be transferred to the County for deposit in a segregated, interest-bearing

school facilities impact fee trust fund account, until subsequently transferred from the County to the I ' t

School District for expenditure on eligible capital projects providing capacity for new residential i

development I SECTION 3. REFERENCES TO COUNTY ORDINANCES

2 Aupst 31, 1995

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This Agreement hereby expressly incorporates by reference Beaufort County Ordinance Nos.

95/23 and 95/26. Any substantivei[![amendments to these ordinances shall have the express prior

agreement of the City.

SECTION 4. DURA TIONfi'EllMINATION OF AGREEMENT




If not terminated prior to or at the end of the Hl-year period, it shall continue in effect.

(2) TermJnation of Agreement.

(a) This Agreement may be terminated prior to the expiration of the 10-year

period set forth in § 4( 1) above only by the mutual agreement of the parties hereto.

(b) This Agreement may be terminated after the expiration of the 10-year period

set forth in§ 4(1) above by the unilateral action of either of the parties to the Agreement; provided, ! however, that such termination action may only occur after the party seeking termination provides i

l


notices, schedules and holds at least one (1) hearing at which the other party shall have been given




Agreement.

SECTION 5. AME~1>MENTS TO THE AGREEMENT

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SECTION 6. RESPONSmiLITIES OF THE CITY

( 1) The City shall be responsible for the collection of school facilities impact fees from all

new residential development, as defined, within the existing City limits or as they may be changed by

annexation or other action of the City Council.

(2) The amount of the school facilities impact fee collected shall be based upon the fee

in effect at the time of building permit issuance.

(3) No building permit for new residential development shall be issued unless: (a) the

school facilities impact fee has been paid in full by the applicant, or (b) a waiver request form

supplied by the County (see sample attachment hereto) has been approved by the County Director

of Building Codes. If a partial waiver has been approved by the County Director of Building Codes,

the City shall collect only the difference between the full impact fee and the amount of the waiver

approved.

( 4) Upon notification by the County Director of Building Codes that an impact fee waiver

request has been denied, the City shall collect the appropriate impact fee prior to building permit

issuance or, in the event that a building permit has already been issued, prior to issuance of a

Certificate of Occupancy. Otherwise, no further impact fee action will be necessary.

(5) Upon the collection of the school facilities impact fee, the City shall deposit such fees

in a City account which is subject to appropriate accounting controls to ensure that it must be

transfell'ed to the County's School Facilities Impact Fee Trust Fund Account. Any interest earned

on the deposits within the City account shall accrue to the benefit of the City.

4 Au~st3l,l995

t~ r1376

(6) The City shall effectuate such fund transfers monthly.

(7) In order to compensate the City for the collection and administration of the school

'! , facilities impact fee, the City shall be authorized to withhold an amount equal to 1% of the impact I i

i '1 fees collected. !

SECTION 7. RESPONSIBILITIES OF THE COUNTY

( 1) The County shall be responsible for receipt of school facilities impact fee funds

collected by the City and transferred to the County and for the deposit of such funds into a segregated

interest-bearing account.

(2) The County Director of Building Codes shall validate or deny any waiver request. If

denied, the procedure set forth in §6 (4), above, shall be followed. If approved, the County shall

notify the City of the extent of the waiver granted. If a full waiver has been granted, no impact fee

shall be due. If a partial waiver has been granted, the remaining amount must be paid at building

pennit issuance, if not yet issued, or at Certificate of Occupany, if a building permit has been issued.

(3) All school facilities impact fee funds collected shall be restricted in their appropriation


( 4) The County shall be responsible for interpretation of County Ordinances Nos. 95/23

and 95/26.


This Agreement and its interpretation and performance shall be governed and construed by



5 August 31, !995

~~- r137?

The County hereby agrees to indemnify and save harmless the City its officials, both elected

and appointed, its officers, agents and employees from and against any and all liability, claims,

demands, damages, fines, penalties, suits, proceedings, actions and cost of actions, including




To the extent of any conflict between other County or City ordinances and this Agreement,

this Agreement will be deemed to be controlling. This Agreement is not intended to amend or 1

repeal any existing County or City ordinances.


The County and the City agree to cooperate with each other in all respects regarding the

matters addressed in this Agreement.






SECTION 13. EFFECTIVE DATE


hereto.

APPROVEDthis ~~ dayof-¥-,1995.

il2297ll90573-00l 6 AapBt $1. 1995

"'· f1378

COUNTY COUNCIL OF BEAUFORT COUNTY, SOUTII AROLINA

ATTEST:

~~I.L n_ ~% Clerk to Council

, 1995.

CITY COUNCIL OF THE CITY OF BEAUFORT

Ow«L ~ David Taub, Mayor

ATTEST:

·~~/ City Clerk

7 Auau&t 31. 1995

BEAUFORT COUNTY REQUEST FOR RESIDENTIAL 11\'IPACT FEE \VAIVER

APPLICANT'S NAME __________ .DISTRICTIMAPIPARCEL ______ _

:MAILING ADDRESS -----------------------------------------------------------DAYT~EPHONE~~MBER ________________________________ ___



__ The Jot on which my residence is to be constructed is famiJy property, and I am a certifiable family member/heir. (NOTE: Applicant must submit suitable documentary proof of family relationship and lot, or lot share, ownership.)

__ My total family income, averaged over three prior tax years is $ . (NOTE: App1icant must submit photocopies of federal income tax returns, Form 1040, as filed for last three years.) Accordingly, l/we qualify for the impact fee waiver granted to: Very Low Income Families

Low Income Families _ _..;

Moderate Income Families --I understand fully that this application is subject to review by the Beaufort County Director of Building Codes at which time documentary evidence will be verified; and that any false or incomplete documentation will be grounds for denial of my waiver request. I further understand that, if this waiver request is denied, a building permit and/or certificate of occupancy for my residence may be withheld until full payment of impact fees due is made.

SIGNED __________________________ __ DATE -------Owner or Authorized Agent

Sworn to and subscribed before me this ____ day of __ ~-----· 1


FOR OFFICIAL USE ONLY

Forwarded to County by: _____________ _ Date: ____ _

Received at County by:. _____________ _ Date: ____ _

Waiver Percentage: 1 Other -----(Show Amount)

Waiver Denied --

__ Approved by:. Date: ____ _ Director of Building Codes, Beaufort County

~~ \1389

mTERGOVERNMENTALAGREEMENT BETWEEN BEAUFORT COUNTY, SOUTH CAROLINA

AND THE TOWN OF BLUFFTON

THIS AGREEMENT made and entered this 3 fV day of t!k~j-«-- , 1995, by anJ

between Beaufort County, South Carolina ("County") and the Town of Bluffton ( .. Town") provides

for the Town to collect, at the time of issuance of building permits, school facilities impact fees

imposed on all new residential development and, if applicable, drainage and fire facilities impact fees

imposed on all new development in the County pursuant to Ordinance No. 95/23, adopted by the

County Council of Beaufort County ("County Council") on June 26, 1995, and to transfer said impact

fees to the County for appropriation in accordance with County Ordinances Nos. 95/24,95/25 and!

~u. I

I RECITALS

WHEREAS, the County has adopted Ordinance No. 95/23, known as the Impact Feel

Procedural Ordinance, and Ordinances Nos. 95/24, 95/25 and 95/26, known, respectively as the

fire, drainage and school facilities impact fee ordinances applicable as set forth in those ordinances

and to be collected by the County in the unincorporated areas and by the Town within its municipal, I I

boundaries at the time ofbuikling permit issuance for new residential development, as defined in the!

referenced County Ordinances; and I I I I

WHEREAS, it is essential that the school facilities impact fee be collected uniformly county- 1

wide and that fire and drainage impact fees be collected in their service areas; and

WHEREAS, the Town and the County agree that all school facilities impact fees collected


1 Aupt31,1995

r:• f1390



improvements; and

WHEREAS. the Town and the County agree that all fire and drainage impact fees collected

shaD ultimately be transferred to the appropriate drainage area or ftre district for the purpose of

funding ftre and drainage facilities whose need results from new development; and

""'llmmAS, this Agreement is authorized by. and is enacted by the parties pursuant to


'WHEREAS, this Agreement, upon its execution by the parties hereto shall be on ftle with

the Clerk to the County Council of Beaufort County and the Town Clerk of the Town of Bluffton.


SECTION 1. TITLE

This Intergovernmental Agreement for the Collection of Fire, Drainage and School Facility

Impact Fees shall hereinafter be referred to as the "Agreement."

SECTION 2. PURPOSE AND INTENT

The purpose of this Agreement is to ensure that school facilities impact fees are imposed on

new residential development county-wide, and fire and drainage impact fees are imposed on new

development by district or area. including new residential development within the Town of Bluffton.


county-wide, are collected uniformly throughout the County, both in incorporated and unincorporated

areas of the County. It is the further intent of this Agreement that upon collection of the ftre and

drainage facilities impact fees, such funds shall be transferred to the County for deposit in a

1122973190573-001 2 AajiUit 31, 1995

segregated, interest~bearing trust fund account until expended for appropriate purposes or until

subsequently transferred from the County to the School District for expenditure on eligible capital

projects providing capacity for new residential development.



95/23 and 95126. Any substantive amendments to these ordinances shall have the express prior1

agreement of the Town .

SECTION 4. DURATIONffE.RMINATION OF AGREEMENT

(1) Duration of Aareement.

This Agreement shall remain effective from the date of its execution by the parties hereto! I



(l) Termioodon of Agreement.

(a) This Agreement may be terminated prior to the expiration of the 10-yearl

period set forth in § 4(1) above only by the mutual agreement of the parties hereto.

(b) This Agreement may be tenninated after the expiration of the 1 0-year period

set forth in§ 4(1) above by the unilateral action of either of the parties to the Agreement; provided, I

however, that such termination action may only occur after the party seeking termination provides

notice to the other party to the Agreement at least ninety (90) days prior to taking such action and I

notices, schedules and holds at least one (1) hearing at which the other party shall have been given I notice and have an opportunity to be heard. l

3 Aul!""t31,1995

! .


above, the party seeking termination may. by appropriate action, as applicable, terminate the

Agreement.

SECTION S. AMENDMENTS TO THE AGREEMENT

This Agreement may be amended only by the mutual consent of the parties hereto and in the ' I


SECTION 6. RESPONSIBILITIES OF THE TOWN

( 1) The Town shall be responsible for the collection of school facilities impact fees from 1

all new residential development, as defined, and for the collectionof frre and drainage impact fees

from all new developments, as defmed, within the existing Town limits or as they may be changed

by annexation or other action of the Town Council.

(2) The amount of the impact fees collected shall be based upon the fees in effect at the \ I

time of building pennit issuance, unless payment is made at an earlier time in the development j

I I

approval process.

I

(3) No building pennit for new development shall be issued unless: (a) the school and,

as applicable, the fire and drainage facilities impact fees haves been paid in full by the applicant, or

(b) a waiver request form supplied by the County (see sample attachment hereto) and completed by I

the applicant has been received by the Town and fmwarded by the Town the County Director of

Building Codes within one (1) working day of its receipt. If a partial waiver has been requested by

the applicant, the Town shall collect only the difference between the full impact fee and the amount I

of the waiver request.

4 Aur;uot 31, l99S

( 4) Upon notification by the County Dire<..1or of Building Codes that an impact fee waiver

request has been denied, the Town shall collect the appropriate impact fee prior to building permit

issuance or, in the event that a building permit has already been issued, prior to issuance of a


(5) Upon the collection of the impact fees, the Town shall segregate and deposit such,

fees in separate Town accounts which are subject to appropriate accounting controls to ensure that :

the funds collected must be transferred to the County's School Facilities Impact Fee Trust Fund

Account, or to the applicable ftre district, or to the County for expenditure in accordance with this I

Agreement and Ordinance Nos. 95/23,95/24 and 95125. Any interest earned on the deposits within

the Town account shall accrue to the benefit of the Town .

(6) The Town shall effectuate such fund transfers monthly.

(7) In order to compensate the Town for the collection and administration of the impact

fees, the Town shall be authorized to withhold an amount equal to 1% of the impact fees collected.

SECTION 7. RESP.ONSmiLITIES OF THE COUNTY

(1) The County shall be responsible for receipt of school facilities impact fee funds

collected by the Town and transferred to the County and for the deposit of such funds into

segregated interest-bearing accounts.

(2) The County Director of Building Codes shall validate or deny any waiver request

submitted by the Town. If denied, the procedure set forth in §6 (4), above, shall be followed. If

I approved, the County shall notify the Town of the extent of the waiver granted. If a full waiver has I

been granted, no impact fee shall be due. If a partial waiver has been granted, the remaining amount

5 Aup~ll.l995

~ C1394

must be paid at building permit issuance, if not yet issued, or at Certificate of Occupancy, if a , I I

building permit has been issued.

(3) All impact fee funds collected shall be restricted in their appropriation and use in

accordance with County Ordinances Nos. 95/23,95/24 and 95/26.

(4) The County shall be responsible for interpretation of County Ordinances Nos. 95/23, 1

I I

I

95/24, 95/25 and 95/26.


'

This Agreement and its interpretation and performance shall be governed and construed by '



The County hereby agrees to indemnify and save harm1ess the Town its officials, both elected


demands, damages, fmes, penalties, suits, proceedings, actions and cost of actions, including




To the extent of any conflict between other County or Town ordinances and this Agreement,

this Agreement will be deemed to be controlling. This Agreement is not intended to amend or

repeal any existing County or Town ordinances.


The County and the Town agree to cooperate with each other in all respects regarding the


*22973190S73-001 6 Auguot 31, 199S

f1395







This Agreement shall become effective immediately on the date of approval by the parties 1 I

hereto.

APPROVED this 3r:d day of Oc -1-o be, , 1995.

COUNTY COUNCIL OF BEAUFORT COUNTY, SO CAROLINA

I

APPROVED this ' 1995.

1 i I . A~~ '-\~,__Jl~

Town Clerk -~

I REVIEWED BY:

Town Attorney

122973t'90573.001 7 August31,199$

I I

~;> r1396

AMENDMENT TO INTERGOVERNMENTAL AGREEMENT

BETWEEN BEAUFORT COUNTY, SOUm CAROLINA AND THE TOWN OF BLUFFTON

The County agrees to collect required impact fees in the Town of Bluffton and transmit on ·

a quarterly basis one ( 1%) percent of the impact fees collected for school. fire, and drainage to the

Town of Bluffton. Collections and remittances of the fees are to begin on the appropriate dates as

required in the previous Intergovernmental Agreement.

This Agreement shall remain in effect until such time the impact fees are no longer collected

by the County.

APPROVED this 31':..cl day of Oc -1--cbe...- , 1995.

COUNTY COUNCIL OF BEAUFORT COUNTY, SO TH CAROLINA

ATIEST: "'· ~_ki..A- rr~~ Clerk to Council

--=---day of () ~ • '1995.

TOWN COUNCIL OF THE TOWN OF BLUFFTON

~~ Theodore Washington, Mayor

October 3, 1995

BEAUFORT COUNTY REQUEST FOR RESIDENTIAL ll\1PACT FEE \VAIVER ~ (:1397

APPLICANT'S NAME _________ DISTRICT/MAP/PARCEL ______ ~

.MAILING ADDRESS _________________________ _

DAYTIME PHONE NUMBER ~----------------------------------------------------



-~ The lot on which my residence is to be constructed is family property, and I am a certifiable family member/heir. (NOTE: Applicant must submit suitable documentary proof of family relationship and lot, or lot share, ownership.)

____ My total family income, averaged over three prior tax years is$ . (NOTE: Applicant must submit photocopies of federal income tax returns, Form J 040, as filed for last three years.) Accordingly, Uwe qualify for the impact fee waiver granted to: Very Low Income Families

Low Income Families -~

Moderate Income Families --

I understand fully that this application is subject to review by the Beaufort County Director of Building Codes at which time documentary evidence will be verified; and that any false or incomplete documentation will be grounds for denial of my waiver request. I further understand that, if this waiver request is denied, a building permit and/or certificate of occupancy for my residence may be withheld until full payment of impact fees due is made.

SIGNED ________________________ __ DATE -~·--~----··----

Owner or Authorized Agent

Sworn to and subscribed before me this ____ day of _____________ , 1

My Commission expires. ________ _ Notary Public of SC

------------··----------------------------------------------------------------------FOR OFFICIAL USE ONLY

Forwarded to County Date: -------

Received at County Date:. ____ _


Waiver Denied --

__ Approved by: Date: _______ _

Director of Building Codes, Beaufort County

II

t<· r 14 0 6


AND THE TOWN OF HILTON HEAD ISLAND

THIS AGREEMENT made and entered this ~y of¥. 1995, by and

! between Beaufort County, South Carolina ("County") and the Town of Hilton Head Island ("Town")

provides for the Town to collect, at the time of issuance of building permits, school facilities impact

fees imposed on all new residential development in the County pursuant to Ordinance No. 95/23,

adopted by the County Council of Beaufort County ("County Council") on June 26, 1995, and to

transfer said impact fees to the County for appropriation in accordance with County Ordinances No.

95/23 and 95/26.

RECITALS




by the Town within its municipal boundaries at the time of building permit issuance for new

, residential development, as defined in the referenced County Ordinances; and

WHEREASJt is essential that the school facilities impact fee be collected uniformly county-

wide; and

WHEREAS, the Town and the County agree that all school facilities impact fees collected



1122973190573-001 1 Aopt 24, 199$


improvements; and




the Clerk to the County Council of Beaufort County and the Town Clerk of the Town.


SECTION 1. TITLE


hereinafter be referred to as the "Agreement."



new residential development county-wide, including new residential development within the Town.


county-wide, are co11ected unifonnly throughout the County, both in incorporated and unincorporated


impact fees, such funds shall be transferred to the County for deposit in a segregated, interest-bearing

school facilities impact fee trust fund account, until subsequently transferred from the County to the

School District for expenditure on eligible capital projects providing capacity for new residential

development.


*22973190573-001 2 August 24, 1995

r~1408


95/23 and 95/26. Any substantive amendments to these ordinances shall have the express prior

i ; agreement of the Town.

SECTION 4. DURA TIONJTERMINATION OF AGREEMENT





(2) Termination of Agreement.


period set forth in§ 4(1) above only by the mutual agreement of the parties hereto.

(b) This Agreement may be terminated after the expiration of the 10-year period

set forth in§ 4(1) above by the unilateral action of either of the parties to the Agreement; provided,

however, that such termination action may only occur after the party seeking termination provides


notices, schedules and holds at least one ( 1) hearing at which the other party shall have been given


(c) Following notice and an opportunity to be heard as set forth in § 4(2)(b)


Agreement.

SECTION 5. AMENDMENTS TO THE AGREEMENT

1122973190573-001 3 August 24, 1995

II II

l II I

t. e 14 o 9



SECTION 6. RESPONSIBILITIES OF THE TOWN

(1) The Town sha11 be responsible for the collection of school facilities impact fees from '

all new residential development, as defined, within the existing Town limits or as they may be changed

by annexation or other action of the Town Council.

(2) The amount of the school facilities impact fee collected shall be based upon the fee


(3) No building permit for new residential development shall be issued unless: (a) the


supplied by the County (see sample attachment hereto) and completed by the applicant has been

received by the Town and forwarded by the Town to the County Director of Building Codes within

one (l) working day of its receipt. If a partial waiver has been requested by the applicant, the Town

shall collect only the difference between the full impact fee and the amount of the waiver request

(4) Upon notification by the County Director of Building Codes that an impact fee waiver

request has been denied, the Town shall collect the appropriate impact fee prior to building permit

issuance or. in the event that a building permit has already been issued, prior to issuance of a


( 5) Upon the coUection of the school facilities impact fee, the Town sha11 deposit such fees

in a Town account which is subject to appropriate accounting controls to ensure that it must be

il II transferred to the County's School Facilities Impact Fee Trust Fund Account Any interest earned

II, on the deposits within the Town account shall accrue to the benefit of the Town.

II I

4

l'

~ t

i

l' f

(6) The Town shall effectuate such fund transfers monthly.

(7) In order to compensate the Town for the collection and administration of the school

facilities impact fee, the Town shall be authorized to withhold an amount equal to 1% of the impact 1

fees collected I i

SECTION 7. RESPONSffiiLITIES OF THE COUNTY

( 1) The County shall be responsible for receipt of school facilities impact fee funds

collected by the Town and transferred to the County and for the deposit of such funds into a

segregated interest-bearing account

i (2) The County Director of Building Codes shall validate or deny any waiver request I

submitted by the Town. If denied, the procedure set forth in §6 (4), above, shall be followed. If I

approved, the County shall notify the Town of the extent of the waiver granted. If a full waiver has

been granted. no impact fee shall be due. If a partial waiver has been granted, the remaining amount

must be paid at building permit issuance, if not yet issued, or at Certificate of Occupancy, if a building

permit has been issued.

(3) All school facilities impact fee funds coDected shall be restricted in their appropriation



and 95/26.


This Agreement and its interpretation and performance shall be governed and construed by



5 Auguat 24, 1995

r 1411

The County hereby agrees to indemnify and save hannless the Town its officials, both elected I




connected with the petformance of acts or the failure to perform acts pursuant to this Agreement.


To the extent of any conflict between other County or Town ordinances and this Agreement,

this Agreement will be deemed to be controlling. This Agreement is not intended to amend or j







reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, i

I I

II

I I

l!

j

I





hereto. ~

APPROVED this/£ day of---~~r---• 1995.

II *2m3190573-00I

II l ~

6 Ausust 24, 1995

II

I I

I

I!

c:4aa-~(.4 ()_ ~~ Clerk to Council -------.

ATIEST:

Curtis Coltrane. Town Attorney

r1412

COUNTY COUNCIL OF BEAUFORT COUNTY, SOUTH CAROLINA

¥ ,1995.

TOWN COUNCIL OF TilE TOWN OF HILTON HEAD ISLAND

~c~£~awq

7 Anpt 24, l99S

BEAUFORT COUNTY REQUEST FOR RESIDENTIAL ll\1PACT FEE WAIVER

APPLICANT'S NAME __________ DISTRICT/MAPIPARCEL ______ _

MAILING ADDRESS __________________ ~-------

DAYT~EPHONENUMBER ____________________________________ __


__ I am the owner of the above identified single-family platted/recorded Jot and have been continuously since prior to June 26, 1995.

__ The lot on which my residence is to be constructed is family property, and I am a certifiable family member/heir. (NOTE: Applicant must submit suitable documentary proof of family relationship and Jot, or lot share, ownership.)

__ My total family income, averaged over three prior tax years is $ . (NOTE: Applicant must submit photocopies of federal income tax returns, Form 1040, as filed for last three years.) Accordingly, 1/we qualifY for the impact fee waiver granted to: Very Low Income Families

Low Income Families Moderate Income Families

I understand fully that this application is subject to review by the Beaufort County Director of Building Codes at which time documentary evidence will be verified~ and that any false or incomplete documentation will be grounds for denial of my waiver request. I further understand that, if this waiver request is denied, a building permit and/or certificate of occupancy for my residence may be withheld until full payment of impact fees due is made.

SIGNED ______________________ __ DATE _________ _ Owner or Authorized Agent

Sworn to and subscribed before me this ____ day


FOR OFFICIAL USE ONLY

Forwarded to County Date: ------

Received at County Date: -----


Waiver Denied --__ Approved by: _________________ _

Director of Building Codes, Beaufort County Date: -------

~ 11398


AND THE TOWN OF PORT ROYAL

-· '"" \' .f.-TillS AGREEMENT made and entered this I ,.. day of v~fl , 1995, by and

between Beaufort County, South Carolina ("County") and the Town of Port Royal (''Town")

provides for the Town, or by virtue of this Agreement, the County, to collect, at the time of issuance

of building permits, school facilities impact fees imposed on all new residential development in the: I

County pursuant to Ordinance No. 95/23, adopted by the County Council of Beaufort County

("County Council") on June 26, 1995, and to transfer said impact fees to the County for appropriation

in accordance with County Ordinances No. 95/23 and 95/26.

RECITALS

WHEREAS, the County has adopted Ordinance No. 95/23, known as the hnpact Fee·

Procedural Ordinance, and Ordinance No. 95126, known as the School Facilities hnpact Fee


by the Town within its municipal boundaries at the time of building permit issuance for new

residential development, as defined in the referenced County Ordinances; and


wide; and

WHEREAS9 the Town and the County agree that all school facilities impact fees collected



1122973/90573-001 1 SepkmlberS,l99S

I

be used as additiona1 funds for capital improvements or for the retirement of debt for capital

· improvements; and




i I the Clerk to the County Council of Beaufort County and the Town Clerk of the Town of Port Royal. I

I


SECTION 1. TITLE


hereinafter be referred to as the II Agreement. II



new residential development county-wide, including new residential development within the Town

of Port Royal.


county-wide, are collected uniformly throughout the County, both in incorporated and unincorporated


impact fees, such funds shall be transferred to the County, or, if collected by the County, held for

deposit in a segregated, interest-bearing school facilities impact fee trust fund account, until

subsequently transferred from the County to the School District for expenditure on eligible capital

projects providing capacity for new residential development.


2 ~S.l99S

'' r1400


95/23 and 95/26. .-\ny substantive amendments to these ordinances shall have the express prior

agreement of the Town .

SECTION 4. DURA TIONffERMINATION OF AGREEMENT


This Agreement shall remain effective from the date of its execution by the parties hereto'



(2) Termination of Agreement.


period set forth in § 4{1) above only by the mutual agreement of the parties hereto.

(b) This Agreement may be terminated after the expiration of the 10-year periodj I

set forth in§ 4(1) above by the unilateral action of either of the parties to the Agreement; provided, I I I

however, that such termination action may only occur after the party seeking termination provides i


notices, schedules and holds at least one (1) hearing at which the other party shall have been given


(c) Following notice and an opportunity to be heard as set forth in § 4(2)(b)


Agreement.

SECTION 5. AMENDMENTS TO THE AGREEMENT

N22973/9057~1 3 September S, 199S

01401

1bis Agreement may be amended only by the mutual consent of the parties hereto and in the·


SECTION 6. RESPONSIBILITIES OF THE PARTIES

( l) The County shall be responsible for the collection of school facilities impact fees from;

all new residential development, as defined, within the existing Town limits or as they may be

changed by annexation or other action of the Town Council.

(2) The amount of the school facilities impact fee collected shall be based upon the fee1


(3) Upon collection of the school facilities impact fee, the County shall evidence suchi

collection by the issuance of a receipt which shall be provided to the applicant and a copy of which!

shall be provided to the Town. I

(4) Building permits shall be issued by the Town if the applicant provides the necessary! l .

receipt.

(5) No building permit for new residential development shall be issued unless: (a) thej


supplied by the County (see sample attachment hereto) and completed by the applicant and approved

by the County Director of Building Codes. If a partial waiver has been requested by the applicant,

the County shall collect only the difference between the full impact fee and the amount of the waiver. I

request and issue a receipt for the difference.

(6) Upon the collection of the school facilities impact fee, the County shall deposit such I

fees in a segregated, interest bearing County account which is subject to appropriate accounting!

1

l i

4 Seplembor S, 199S

t.< r1402

controJs to ensure th-B.t it must be transferred to the County's School Facilities Impact Fee Trust Fund

Account.

(7) The County shall effectuate such fund transfers monthly.

(8) In order to compensate the County for the collection and administration of the school I

facilities impact fee, the County shall be authorized to withhold an amount equal to 1% of the impac~

fees collected.

(9) All school facilities impact fee funds collected shall be restricted in their appropriatio~



and 95/26.

SECTION7. GOVERNING LAW

This Agreement and its interpretation and pet:formance shall be governed and construed by


SECTIONS. INDEMNIFICATION I '

The County hereby agrees to indemnify and save hann1ess the Town its officials, both elected~

and appointed, its officers, agents and employees from and against any and all liability, claims,!




SECTION9. CONFLICT

5 Septembor 5.1995

To the extent of any conflict between other County or Town ordinances and this Agreement.

this Agreement will be deemed to be controlling. This Agreement is not intended to amend or









provision and such holding shall not affect the validity of the remaining portions of this Agreement..


This Agreement shall become effective immediately on the date of approval by the parties:

hereto. J1, APPROVED this+ day of ~.,;;_t :1995.

AUFORT COUNTY,~

6 ~S,I99S

ATTEST:

0~1),~~~ Town Clerk

·· r 14 o 4

TOWN COUNCIL OF THE TOWN OF PORT ROYAL

~t', (:'!2~---------Samuel Murray, Mayor

7

BEAUFORT COUNTY ~~:~ r1405 REQUEST FOR RESIDENTIAL IMPACT FEE WAIVER

APPLICANT'S NAME __________ .DISTRICTIMAPIPARCEL ______ _

MAD.. lNG ADDRESS _______________________________________________ _

DAYTIME PHONE NUMBER~------------~-----------------



--. _ The lot on which my residence is to be constructed is family property, and I am a certifiable family member/heir. (NOTE: Applicant must submit suitable documentary proof of family relationship and lot, or lot share, ownership.)

__ My total family Income, averaged over three prior tax years is $ . (NOTE: Applicant must submit photocopies of federal income tax returns, Form 1040, as filed for last three years.) Accordingly, Ilwe qualify for the impact fee waiver granted to: __ Very Low Income Families

__ Low Income Families __ Moderate Income Families

I understand fully that this application is subject to review by the Beaufort County Director of Building Codes at which time documentary evidence will be verified; and that any false or incomplete documentation will be grounds for denial of my waiver request. I further understand that, if this waiver request is denied, a building permit and/or certificate of occupancy for my residence may be withheld until full payment of impact fees due is made.

SIGNED _________________________ _ DATE. _________ __ Owner or Authorized Agent

Sworn to and subscribed before me this ____ day of ________ , 19 __ _

My Commission expires. _____ _ Notary Public of SC

--------------------·---------------------------------------------------------------------------~------·---------------------------------FOR OFFICIAL USE ONLY

Forwarded to County Date: -----

Received at County Date: ____ _

Waiver Percentage: 100__ Other ____ _ (Show Amount)

__ Waiver Denied

__ Approved by: Date: ____ _ Director of Building Codes, Beaufort County

beaufort county ordinance 95/26 school facilities an ......~ r1275 whereas, the council therefore...

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