Impact Fees and Connection Charges. The impact fee and water and sewer connection charge ordinances, implementing orders, and Code provisions that are in effect as of the Effective Date of this Agreement and that shall apply to the development of the Project (including the ability to conduct an alternative fee computation by independent study) are provided in Exhibit “J,” attached hereto and made a part hereof. It is expressly provided, however, that the Project is not vested to any particular rate for the impact fees, connection charges, or special connection charges for a Basin that apply to development of the Project. The amount of the applicable fees and charges shall be determined at the time of building permit or other development stage as set forth in the applicable ordinance, implementing order, or Code provision. Certain designated off-site roadway improvements listed in Exhibit “H” and other land dedications and public facility commitments referenced in Paragraph 11 above are deemed eligible for credit as contributions-in-lieu of impact fee to the extent permitted by the Code. Except for roadway improvements expressly deemed to be on-site or access-related or otherwise expressly deemed ineligible, nothing herein shall be construed to prohibit other public facility improvements from being considered for a credit or as a contribution-in-lieu of fee at a later date in accordance with the applicable impact fee regulation. Ordinances or Code provisions that create new impact fees or new connection charges after the Effective Date may be applied to the Project in accordance with Section 163.3233, Florida Statutes. Special connection charges for a Basin and the renaming or replacement of an impact fee or connection charge shall not be considered a new impact fee or new connection charge and shall apply to the Project.
