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File Number: : �..ut�9267 OR BOOK 1.303. i�AG 2.557`
Re ;girded :05 23;'i'.0 11'.1
1 ORDINANCE NO. 00-004
oil
3 AN ORDINANCE AMENDING ARTICLE III (ROAD IMPACT FEE) OF
4 CHAPTER 1-17 (ROADS AND BRIDGES), OF THE ST. LUCIE COUNTY
5 CODE AND COMPILED LAWS, BY AMENDING SECTION 1-17-25(c),
6 SHORT TITLE, AUTHORITY, AND APPLICABILITY, TO PROVIDE FOR
7 ADDITIONAL FINDS OF FACT; BY AMENDING SECTION 1-17-29(A).
8 COMPUTATION OF THE AMOUNT OF ROADS IMPACT FEE, TO
9 ACCOUNT FOR CHANGES TO THE ROADS IMPACT FEES
10 ASSESSMENTS FOR CERTAIN LAND USE TYPES IN THE COUNTY; BY
11 AMENDING SECTION 1-17-29(B)(4), CORRECTING THE CITATION
12 FOUND IN THIS PARAGRAPH; BY AMENDING SECTION 1-17-29 (C)
13 CHANGING THE REFERENCES USED IN THE TRANSPORTATION
14 REVENUES OFFSET FORMULAS; BY AMENDING SECTION 1-17-30 TO
15 PROVIDE FOR MINOR CLERICAL CORRECTIONS; BY AMENDING
16 SECTION 1-17-31, USE OF FUNDS TO DELETE THE WORD "OTHER"
17 IN SUBPARAGRAPH (B) AND TO PROVIDE FOR A 4%
18 ADMINISTRATIVE FEE; BY AMENDING SECTION 1-17.33.1, CREDITS,
19 TO PROVIDE FOR CLARIFICATION ON WHO IS ELIGIBLE TO FILE FOR
20 A ROAD IMPACT FEE CREDIT; BY AMENDING SECTION 1-17-39,
21 REVIEW, TO PROVIDE FOR AUTOMATIC ANNUAL ADJUSTMENTS TO
22 THE ROADS IMPACT FEE AND TO PROVIDE FOR COUNTY
23 COMMISSIONERS REVIEW OF THE IMPACT FEE SCHEDULE EVERY
24 FIVEYEARS FOLLOWING THE EFFECTIVE DATE OF THIS ORDINANCE.
25 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
26 SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR
27 FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN
28 EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR
29 CODIFICATION.
30
31
32 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
33 the following determinations:
34
35 1. On November 12, 1985, the Board of County Commissioners of St. Lucie County,
36 Florida, adopted Ordinance 85-10, imposing a road impact fee in St. Lucie County.
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Road Impact Fee - Final PRINT DATE: 05/09/00
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2. On November 13, 1989, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 89-66, amending the road impact fee schedule to reflect
revisions to the cost of road construction and right-of-way acquisition.
3. On February 16, 1993, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 93-002, amending the County's Impact Fee
Regulations, but not altering the Impact Fee schedules.
4. On June 27,1995, the Board of County Commissioners of St. Lucie County, Florida,
adopted Ordinance 95-012, amending the County's Impact Fee Regulations,
including the impact fee assessment tables but directing that the impact fee rate
revisions not become effective until October 1, 1995.
5. On June 27,1995, the Board of County Commissioners of St. Lucie County, Florida,
adopted Ordinance 95-038, amending the County's Impact Fee Regulations
approved under Ordinance 95-012, by amending the effective date of the new Road
Impact Fee rates so as to provide for a three (3) year phase -in period for these new
rates beginning January 1, 1996 and carrying through to January 1, 1998.
6. On September 23, 1997, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 97-017, amending the County's Roads Impact Fee
Schedules approved under Ordinance 95-012, to account for the scheduled
imposition of an additional 2 cents of local option gasoline tax (January 1998), the
proceeds of which are distributed by interlocal agreement to each of the local
municipalities in the County in addition to a portion of those funds being retained
by the county.
7. On October 20, 1998, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 98-021, amending the County's Roads Impact Fee
regulations by changing the description of the allowable use of Road Impact Fee as
set out in Section 1-17-31 of the St. Lucie County Code and Compiled Laws and the
method of revision to the schedule of Road Impact Fees described in Section 1-17-
39.
8. On January 1, 2000, St. Lucie County began collecting an additional 3 cents of local
option gasoline tax, the proceeds of which are distributed by interlocal agreement
to each of the local municipalities in the County in addition to a portion of those
Ordinance #00-004fnl
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*OR BOOK 1;01 PAG' 2-159 0
1 funds being retained by the County, which necessitated a recomputation of the
2 amount of roads impact fee being assessed in accord with the provisions of Article
3 III, Chapter 1-17 of the St. Lucie County Code and Compiled Laws
4
5 9. On February 17, 2000, the Local Planning Agency/St. Lucie County Planning and
6 Zoning Commission held a public hearing on the proposed ordinance after
7 publishing two notices in The Port St. Lucie News and The Tribune at least ten (10)
8 days prior to the hearing and determined that the proposed ordinance was
9 consistent with the St. Lucie County Comprehensive Plan.
10
11 10. On April 20, 2000, this Board held its first public hearing on the proposed ordinance,
12 after publishing a notice of such hearing in The Tribune and the Port St. Lucie News
13 on April 10, 2000.
14
15 11. On May 9, 2000, this Board held its second public hearing on the proposed
16 ordinance, after publishing a notice of such hearing in The Tribune and the Port St.
17 Lucie News on April 28, 2000.
I:?
19 12. The Board of County Commissioners has reviewed and accepted a Technical
20 Memorandum on an Update of Road, School, Library, Public Buildings and Parks
21 Impact Fees and a Proposal for a Fire & Rescue [EMS] Impact Fee, prepared for
22 St. Lucie County, dated April 27, 2000, prepared by Dr. James Nicholas, PhD.
23
24 13. The proposed amendments to Article III, Road Impact Fees are consistent with the
25 general purpose, goals, objectives, and standards of the St. Lucie County
26 Comprehensive Plan and is in the best interest of the health, safety, and public
27 welfare of the citizens of St. Lucie County, Florida.
28
29
30 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
31 Lucie County, Florida:
32
33
34 PART A. ARTICLE III, CHAPTER 1-17-25 THROUGH 1-17-39, OF THE ST. LUCIE
35 COUNTY CODE AND COMPILED LAW IS AMENDED TO READ AS
36 FOLLOWS:
37
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Road Impact Fee - Final PRINT DATE: 05/09/00
1 ARTICLE III.
2 ROAD IMPACT FEE
Section 1-17-25. Short Title, Authority and Applicability.
(a) This article shall be known and may be cited as the "Roads Impact Fee Ordinance."
(b) The board of county commissioners of St. Lucie County has the authority to adopt
this article pursuant to Article Vill of the Constitution of the State of Florida and
Chapter 125 and Section 163.3201 of the Florida Statutes.
(c) Chapters 125, 334, 335, 336 and Section 380.06(15), Florida Statutes provides that
counties have the exclusive responsibility for planning, building and maintaining
county roads. St. Lucie County must collect road impact fees in order to construct
County roads that adequately serve the needs of all County residents, including
residents of the cities. Development within the cities impacts the capital road needs
of the County.
(d) The Fifth District Court of Appeals in the cases of City of Ormond Beach v. County
of Volusia, 535 So. 2nd 302 (5th DCA 1988) and Seminole County v. City of
Casselberry, 541 So. 2nd 666 (5th DCA 1989) has determined that municipal
ordinances that were adopted in an attempt to opt out of a county road impact fee
to pay for county roads were not valid.
(e) This article shall apply to all areas of St. Lucie County, even in the absence of
interlocal agreements with the affected municipalities.
Section 1-17-26. Intents and Purposes.
(a) This chapter is intended to implement and be consistent with the Goals, Objectives
and Policies of the St. Lucie County Comprehensive Plan.
(b) The purpose of this chapter is to regulate the use and development of land so as
to assure that new development bears a proportionate share of the cost of capital
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SOR BOOK 1301 ;'hIGIZE 2361
expenditures necessary to provide roads in St. Lucie County as contemplated by
the St. Lucie County Comprehensive Plan.
(c) The Florida Legislature through the enactment of Section 163.3202, Local
Government Comprehensive Planning and Land Development Regulation Act and
Section 380.06(16) of the Environmental Land and Water Management Act, Florida
Statutes Chapters 163 and 380, respectively, has sought to encourage local
governments to enact impact fees as a part of their land development regulation
program.
Section 1-17-27. Rules of Construction.
(a) The provisions of this article shall be liberally construed so as to effectively carry out
its purpose in the interest of the public health, safety and welfare.
(b) For the purposes of administration and enforcement of this article, unless otherwise
stated in this article, the following rules of construction shall apply to the text of this
article:
1 In case of any difference of meaning or implication between the text of this
article and any caption, illustration, summary table, or illustrative table, the
text shall control.
2 The word "shall" is always mandatory and not discretionary; the word "may"
is permissive.
3 Words used in the present tense shall include the future; and words used in
the singular number shall include the plural, and the plural the singular,
unless the context clearly indicates the contrary.
4 The phrase "used for" includes "arranged for," "designed for," "maintained
for," or "occupied for."
5 The word "person" includes an individual, a corporation, a partnership, an
incorporated association, or any other similar entity.
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*R BOOK 1301 PAGE 236E 0
6 Unless the context clearly indicates the contrary, where a regulation involves
two (2) or more items, conditions, provisions, or events connected by the
conjunction "and," "or" or "either ... or," the conjunction shall be interpreted as
follows:
a. "And" indicates that all the connected terms, conditions, provisions or
events shall apply.
b. "Or" indicates that the connected items, conditions, provisions or
events may apply singly or in any combination.
C. "Either ... or"indicates thatthe connected items, conditions, provisions
or events shall apply singly but not in combination.
7 The word "includes" shall not limit a term to the specific example but is
intended to extend its meaning to all other instances or circumstances of like
kind or character.
8 A road right-of-way used to define road benefit zone boundaries may be
considered within any zone it bounds.
9 "County administrator" means the county administrator and/or his or her
designee.
10 Unless the context clearly indicates to the contrary, all land use terminology
in this article shall have the same meaning as it has in the St. Lucie County
Land Development Code.
Section 1-17-28. Imposition of Roads Impact Fee.
(a) Any person who, after the effective date of this article, seeks to develop land by
making improvements to land which will generate additional traffic and which
requires the issuance of a building permit or an electrical permit for recreational
vehicle parks or mobile home parks shall be required to pay a roads impact fee in
the manner and amount set forth in this article. Nothing in this article shall be
deemed to eliminate the requirements of Section 11.02.07 of the St. Lucie County
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BOOK 1301 PAGE 2363 •
Land Development Code
(b) No building permit or electrical permit fora recreational vehicle park or mobile home
park for any activity requiring payment of an impact fee pursuant to section 1-17-29
of this article shall be issued unless and until the roads impact fee hereby required
has been paid.
Section 1-17-29. Computation of the Amount of Roads Impact Fee.
(a) At the option of the feepayer, the amount of the fee may be determined by the
following fee schedule. The fees shown on the schodulc reflect a zero (0) per cent
discount.
ROAD IMPACT FEE
MAINLAND
LAND USE TYPE I MUNIT OF EASURE I TRIP
I ROA13 IMPACT FEE
fee as of fee as of
10101/00 10/01/01*
RESIDENTIAL
SINGLE FAMILY
MOBILE HOME/RV (MHP/RV Park Only)
MULTI -FAMILY 1 & 2 Firs
MULTI -FAMILY 3+ Firs
HOTEUMOTEL
BED & BREAKFAST RESIDENCE
(DOES NOT INCLUDE THE PRIMARY RESIDENCE. SINGLE FAMILY UNIT FEE MUST
ALSO BE ASSESSED FOR THE RESIDENTIAL PORTION OF USE)
ALL OTHER RESIDENTIAL
OFFICE & FINANCIAL
MEDICAL OFFICE
FINANCIAL OFFICE
OTHER OFFICE e26;899
OTHER OFFICC 26 60,000
PER UNIT
9-i9
$1,449
$1,632
$1,823
PER UNIT
449
$716
$813
$911
PER UNIT
649
$1,049
$1,186
$1,328
PER UNIT
5-69
$644
$619
$694
PER ROOM
49.49
$94-2
$1,319
$1,726
PER ROOM
2-W
$�
$511
$838
PER UNIT
6-7-9
$4,,948
$1,186
$1,328
PER 1000 FT2
64.69
$2,48
$3,802
$4,986
PER 1000 Fr
292.69
$2A99
PER 1000 Fr
22.46
$1;966
$1,090
$1,114
r%ER 1000 FT'
48.68
$749
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
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* BOOK 1307. PPS 2364
LAND USE TYPE
OTHER OFFICE >60,000
RETAIL TRADE
UNDER 69,999100,000 FTZ
60,000 400,000 100,000 - 399,999 FTZ
600,000 000,000 400,00 or more FTZ
+ 1,000,000 FT;
GASOLINE SERVICES
SERVICE STATION
INDUSTRIAL
WAREHOUSE
TRUCK TERMINALS
GENERAL INDUSTRIAL
INSTITUTIONAL
SCHOOL -ELEM.
SCHOOL - MIDDLE/HIGH
DAY CARE CENTERS
FRATERNAL ORGANIZATIONS
HOSPITAL
NURSING HOME
LIBRARY
RECREATIONAL
PARK (CITY/COUNTY/STATE)
ROAD IMPACT FEE
MAINLAND
UNIT OF TRIP
I MEASURE I RATE I
•
ROAD IMPACT FEE
fee as of fee as of
10/01100 10/01/01*
(ER 1000 FTC I 44.9a I $699
PER 1000 FTZ 92.99 $2,9448 $2,192 $3,154
PER 1000 Fr 5974 $4-;82 $2,012 $2,989
PER 1000 FT 82.99 $4,40 $1,800 $2,924
PER 1000 FT* 2962 $4,294
PER PUMP I 4896b I $�92 I $3,528 I $6,263
STAT
PER 1000 FTZ
4:58
6486
$366
$725
PER 1000 FT'
9S8
$766
$740
$1,464
PER 1000 FT'
4:44
$868
$385
$807
PER 1000 FTZ 49.72
$4,202 $1,006
$1,006
PER 1000 FTZ 49-99
$4,228 $996
$996
PER 1000 Fr 79:62
$4:666 $2,439
$3,311
PER 1000 FTZ -84
$29 $391
$762
PER BED 44.77
$4,496 $1,254
$1,402
PER BED 2-B9
$24 $277
$311
PER 1000 Fr 46:69
$2,689 $2,255
$2,255
PER ACRE I 444
$42;; I $159 I
$190
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BOOK 13D1 PAGE 2365 0
ILAND USE TYPE
RECREATION FACILITY -ALL TYPES
GOLF COURSE
NOTE:
ROAD IMPACT FEE
MAINLAND
IMUNIT OF
TRW
I
I �� IMPACT FEE I
EASURE
RATE
fee as of fee as of
10/01/00 10/01101 *
PER 1000 FT2 8 4G
6499 $229 $259
PER 11966 87..69
$3,;196 $421 $421
ACRE
I The fee schedule shown in
this Table is subject to annual revision
based upon the provisions of Section 1-1739 of this Article.
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BOOK 1301 PAGE 2366
ROAD IMPACT FEE
NORTH ISLAND
LAND USE TYPE UNIT OF TRIP
MEASURE RATE
•
RGAD IMPACT FEE
fee as of fee as of
10/01/00 10101101*
RESIDENTIAL
SINGLE FAMILY
PER UNIT
?-&G
$4,986
$1,684
$1,684
MOBILE HOME/RV (MHP/RV Park Only)
PER UNIT
449
$4,408
$874
$874
MULTI -FAMILY 1 & 2 Flrs
PER UNIT
64G
$4,;:48
$1,250
$1,457
MULTI -FAMILY 3+ Mrs
PER UNIT
a .69
$94a
$906
$906
HOTEUMOTEL
PER ROOM
49.49
$4,548
$2,167
$2,816
BED & BREAKFAST RESIDENCE
(DOES NOT INCLUDE THE PRIMARY RESIDENCE. SINGLE FAMILY UNIT FEE MUST
PER ROOM
a-GG
$29:7-
$874
$1,450
ALSO BE ASSESSED FOR THE RESIDENTIAL PORTION OF USE)
ALL OTHER RESIDENTIAL
PER UNIT
649
$4,;48
$1,959
$2,169
OFFICE & FINANCIAL
MEDICAL OFFICE
PER 1000 FTZ
54.60
$4,06;
$1,511
$1,965
FIN/1f1C4AL OFFICE
r%ER 1000 FT°
89E-69
$4,4;6
OTHER OFFICE Q6,999
PER 1000 FT2
22.16
$439
$439
$439
OTHER OFFICE 26 60,000
r'ER 1000 FT*
4868
$823
OTHER OFFICE -60,000
MR 1000 FT*
44.93
$26;1
RETAIL TRADE
UNDER 69,099 100,000 FTZ
PER 1000 FTZ
429..88
$889
$1,108
$1,328
60,000 400,000100,000 - 399,999 FTZ
PER 1000 FTZ
69�4
$;84
$936
$1,092
600,000 000,000 400,00 or more FTZ
PER 1000 FTZ
82.99
$624
$783
$944
I 1,000,000 F rB
PER 1000 FTI
$9.63
$E73
GASOLINE SERVICES
SERVICE STATION
PER PUMP
48966
$844
I $1,309
I $2,274
STAT
INDUSTRIAL
WAREHOUSE
PER 1000 FTZ I
4-"
I $464
( $79 I
$79
Ordinance #00-004fnl
Road Impact Fee - Final
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* BOOK 1301 PAGE 2367 •
ROAD IMPACT FEE
NORTH ISLAND
LAND USE TYPE
OF
TTHP
ROAD IMPACT IMPACT FEE
I IT
M I
RASE
I
fee as of
fee as of
10/01/00
19/01/01*
TRUCKTERMINAL
PER 1000FTz
9S§
$28;1
$159
$159
GENERAL INDUSTRIAL
PER 1000 FTz
4.44
$489
$88
$88
INSTITUTIONAL
SCHOOL - ELEM.
PER 1000 FTz
49.72
$92.
$433
$433
SCHOOL-MIDDLE/HIGH
PER 1000FTz
49.99
$687.
$429
$429
DAY CARE CENTERS
PER 1000 FT'
79:62
$69
$1,059
$1,425
FRATERNAL ORGANIZATIONS
PER 1000 FTz
-84
$44
$171
$328
HOSPITAL
PERBED
444;
$484
$542
$603
NURSING HOME
PER BED
Q89
$498
$121
$133
LIBRARY
PER 1000 FTz
46.69
$4,348
$971
$971
RECREATIONAL
PARK (CITYICOUNTY/STATE)
PER ACRE
4-94
$&2
$67
$82
RECREATION FACILITY -ALL TYPES
PER 1000 FT'
9-49
$99
$101
$112
GOLF COURSE
PER 1196E
87.69
$4,686
$181
$181
ACRE
NOTE:
I The fee schedule shown in
this Table is subject to annual revision
based upon the provisions of Section 1-17-39 of this Article.
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ROAD IMPACT FEE
FT. PIERCE ISLAND
LAND USE TYPE I UNIT OF I TRIP
MEASURE RATE
•
READ IMPACT FEE
fee as of fee as of
10/01/00 10/01/01*
RESIDENTIAL
SINGLE FAMILY
PER UNIT
7:69
$q,264
$1,340
$1,429
MOBILE HOMEIRV (MHP/RV Park Only)
PER UNIT
469
$74B
$514
$514
MULTI -FAMILY 1 & 2 Firs
PER UNIT
6:743
$4,429
$1,141
$1,162
MULTI -FAMILY 3+ Firs
PER UNIT
8-64
$6"
$476
$476
HOTEL/MOTEL
PER ROOM
49r19
$973
$1,317
$1,660
BED & BREAKFAST RESIDENCE
PER ROOM
(DOES NOT INCLUDE THE PRIMARY RESIDENCE. SINGLE FAMILY UNIT FEE MUST
2�9
@ oQ
64"
$497
$805
ALSO BE ASSESSED FOR THE RESIDENTIAL PORTION OF USE)
ALL OTHER RESIDENTIAL
PER UNIT
649
$4,429
$1,198
$1,276
OFFICE & FINANCIAL
MEDICAL OFFICE
PER 1000 FT'
54.60
$897
$672
$953
FINMIC AL OFFICE
f'CR 1000 rT9
292.69
$444
OTHER OFFICE-26;999
PER 1000 FTZ
22.16
$462
$213
$213
OTHER OFFICE 26 60,000
PER 1000 I -To
48.68
$42&
OTHER OFFICE -50,000
I'ER 1000 rr
44.90
$98
RETAIL TRADE
UNDER 69,909100,000 FTZ
PER 1000 FTZ
92.99
$882
$488
$644
60,000 400,000 100,000 - 399,999 FTZ
PER 1000 FTZ
6974
$294
$411
$530
600,000 000,000 400,00 or more FTZ
PER 1000 Fr
82.99
$288
$346
$458
1 1,000,000 FTf
PER 1000 FT'
29.62
$246
GASOLINE SERVICES
SERVICE STATION
PER PUMP I
45966
I $436
I $1,171 I
$2,206
STAT
INDUSTRIAL
WAREHOUSE
PER 1000 FTZ I
488
I $64
I $38 I
$38
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BOOK 1301 P06E 2369
ROAD IMPACT FEE
FT. PIERCE ISLAND
LAND USE TYPE
I IT OF
I TRIP
$ IMPACT FEE
M
RATE
fee as of
fee as of
10/01/00
10/01/01`
TRUCKTERMINAL
PER 1000 FTZ 0-"
$499
$77
$77
GENERAL INDUSTRIAL
PER 1000 FTZ 4-44
$49
$43
$43
INSTITUTIONAL
SCHOOL - ELEM.
PER 1000 FTZ 4942
$496
$88
$88
SCHOOL - MIDDLE/HIGH
PER 1000 FTZ 49.99
&E99
$208
$208
DAY CARE CENTERS
PER 1000 FTZ ,z9.62
$266
$474
$692
FRATERNAL ORGANIZATIONS
PER 1000 FT2 44
$4
$82
$159
HOSPITAL
PER BED 44 7c
$4Q
$122
$122
NURSING HOME
PER BED 2.89
$m
$52
$65
LIBRARY
PER 1000 FT' 45..69
$494
$472
$472
RECREATIONAL
PARK(CITY/COUNTY/STATE)
PER ACRE 4-94
$23
$32
$40
RECREATION FACILITY -ALL TYPES
PER 1000 Fr 2.4@
$84
$43
$54
GOLF COURSE
PER H966 37-69
$6Q
$88
$88
ACRE
NOTE:
I The fee schedule shown in this Table is subject
to annual revision
based upon the provisions of Section 1-17-39 of this Article.
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BOOK 1301 Pp6E 2370 •
1
ROAD IMPACT FEE
2
SOUTH ISLAND
3
I LAND USE TYPE
OF
I
I
I RGAD IMPACT FEE
MUNIT
EASURE
�
4
fee as of
fee as of
10/01/00
10101/01"
RESIDENTIAL
7
SINGLE FAMILY
PER UNIT 4.69
$s we
$1,821
$1,821
8
MOBILE HOME/RV (MHP/RV Park Only)
PER UNIT 44G
$4,828
$656
$1,117
9
MULTI -FAMILY 1 & 2 Firs
PER UNIT 6.i9
$4 986
$1,481
$1,627
10
MULTI -FAMILY 3+ Firs
PER UNIT v&9
$4,043
$607
$850
11
HOTEUMOTEL
PER ROOM 49.49
$4;468
$1,647
$2,135
12
BED & BREAKFAST RESIDENCE (DOES NOT
PER ROOM
13
14
INCLUDE THE PRIMARY RESIDENCE. SINGLE
2-99
$2.26
$631
$1,036
15
FAMILY UNIT FEE MUST ALSO BE ASSESSED
THE RESIDENTIAL PORTION OF USE.)
FOR
16
ALL OTHER RESIDENTIAL
PER UNIT 6:79
$4,986
$1,627
$1,627
17
18
OFFICE & FINANCIAL
19
MEDICAL OFFICE
PER 1000 FTz 64.69
$926
$1,322
$1,719
20
FINANCIAL OFFICE
r En loon rTE 292.69
$4,026
21
OTHER OFFICE 426,999
PER 1000 FV 22.46
$874
$384
$384
22
OTHER OrrICE 25 60,000
PER 1000 Fr 46:68
$269
23
OTHER OrFICE >60,000
PER 1000 Fr 44.98
$249
24
25
RETAIL TRADE
26
UNDER 90,999100,000 FT'
PER 1000 FTz 92.99
$?74
$968
$1,161
27
60,000 400,000 100,000 - 399,999 FTz
PER 1000 FTz 69.74
066
$821
$956
28
600,000 000,000 400,00 or more Frt
PER 1000 Fr 32.99
$&Q
$685
$827
29
1 1,000,000 Fr
I'ER 1000 FT' 29.62
094
30
31
GASOLINE SERVICES
32
SERVICE STATION
PER PUMP
I 489-66
I 68"
I $2 142
( $3 980 II
STAT
33
34
INDUSTRIAL
— — — — — — — — — — — —
— — — — — — — — — —
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Road Impact Fee - Final
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BOCMC 1301 PAGE 23?1
ROAD IMPACT FEE
SOUTH ISLAND
I LAND USE TYPE
I UNIT OF I TRIP
' ROAD IMPACT FEE
MEASURE
fee as of
fee as of
10/01/00
10/01101*
1
WAREHOUSE
PER 1000 FTz 4-"
$434
$69
$69
2
TRUCK TERMINAL
PER 1000 FT' 9.%
$264
$140
$140
3
GENERAL INDUSTRIAL
PER 1000Fr 444
$429
$77
$77
4
5
INSTITUTIONAL
6
SCHOOL - ELEM.
PER 1000 FTz 49-72
$467
$376
$376
7
SCHOOL - MIDDLE/HIGH
PER 1000 FTz 49.99
$473
$376
$376
8
DAY CARE CENTERS
PER 1000 FTz ;9:62
$694
$924
$1,248
9
FRATERNAL ORGANIZATIONS
PER 1000 FTz 34
$4
$146
$287
10
HOSPITAL
PER BED 44:77
$42•.
$475
$528
11
NURSING HOME
PER BED 2.80
W
$107
$117
12
LIBRARY
PER 1000 FTz 45.59
$4,449
$850
$850
13
14
RECREATIONAL
15
PARK (CITY/COUNTYISTATE)
PER ACRE 4-94
$72
$72
16
RECREATION FACILITY -ALL TYPES
PER 1000 Fr 9 49
$9*
$98
$98
17
GOLF COURSE
PER II96E 87.69
ACRE
$4,422
$159
$159
NOTE:
I The fee schedule shown in
this Table is subject to annual revision
based upon the provisions of Section 1-1739 of this Article.
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Road Impact Fee - Final PRINT DATE: 05/09/00
BOl,,'-I` 1301 PAGE 231'2
1 If a building is requested for mixed uses, then the fee shall be determined through
2 using the above schedule by apportioning the space committed to uses specified
3 on the schedule.
4
5 (b) If the type of development activity for which a building permit is applied is not
6 specified on the above fee schedule, the county administrator shall use the fee
7 applicable to the most nearly comparable type of land development on the above
8 fee schedule. The county administrator shall be guided in the selection of a
9 comparable type by Florida Department of Transportation (FDOT) and/or Institute
10 of Transportation Engineers (ITE) traffic generation statistics. If the county
11 administrator determines that there is no comparable type of land use on the above
12 fee schedule, then the county administrator shall determine the fee by:
13
14 1. using traffic generation statistics contained in latest edition of the Institute of
15 Transportation Engineers "Trip Generation: An Information Report," or trip
16 generation statistics supplied and certified by a registered Florida
17 professional engineer, and
18
19 2. using for average trip length the average trip length of all average trip lengths
20 for the applicable land use type as set out in this article (i.e., residential,
21 office and financial, industrial, recreational, institutional, retail) thatwere used
22 in calculating the above fee schedule, and
23
24 3. using as a per cent new trips the average per cent new trips for the
25 applicable land use type (i.e., residential, office and financial, industrial,
26 recreational, institutional, retail) that were used in calculating the above fee
27 schedule, and
28
29 4. applying the formula set forth in section 1-17-429(c) hereof, and
30
31 The county administrator shall determine the applicable land use type.
32
33 In the case of a change of use, redevelopment, or modification of an existing use
34 which requires the issuance of a building permit, electrical permit for recreational
35 vehicle parks or mobile home parks or zoning compliance certificate, the impact fee
36 shall be based upon the net increase in the impact fee for the new use as compared
37 to the previous use. The county administrator shall be guided in this determination
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1 by Florida Department of Transportation (FDOT) and/or Institute of Transportation
2 Engineers (ITE) traffic generation statistics.
3
4 (c) If the feepayer shall opt not to have the impact fee determined according to
5 paragraph (a) of this section, then the fee shall be determined by the county
6 administrator based upon the traffic generation rates determined by an Independent
7 Traffic Study (ITS), defined in section 1-17-35 of this article, prepared by the
8 feepayer and submitted to the county administrator or his designee.
9
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The following formula shall be used by the county administrator or his designee to
determine the impact fee per unit:
Attributable travel = (Trip rate x Trip length)/2 x % New Trips
New lane miles = Attributable travel/Lane capacity
Construction cost = New lane miles x Construction cost per lane mile
Right-of-way cost = New lane miles x Right-of-way cost per lane mile
Total cost = Construction cost + Right-of-way cost
Net cost = Total cost - omits Offsets
Impact fee = Net cost - Discount
Section 1-17-30. Payment of fee.
(a) The feepayer shall pay the fec in cash to the county administrator at any time prior
to the issuance of a building permit or electrical permit for a recreational vehicle
park or mobile home park.
(b) In lieu of all or part of the road impact fee, the board of county commissioners may
accept the offer by a developer to construct, dedicate or acquire right-of-way for part
of a road improvement project shown in the St. Lucie County Comprehensive Plan
or in the Metropolitan Planning Organization Roads Impact Fee Eligibility Networks
or appropriate to the implementation thereof. Such construction must be in addition
to any road improvements required pursuant to other ordinances.
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Road Impact Fee - Final PRINT DATE: 05/09/00
*R BOOK 1301J. PAGi�: 23714
1 In addition, the construction, dedication or acquisition of right-of-way must only be
2 for purposes as set out in section 1-17-31. The developer shall submit a cost
3 estimate certified by a registered Florida professional engineer and acceptable to
4 the board of county commissioners or their designee, who shall credit the cost of the
5 construction against the road impact fee otherwise due. The portion of the fee
6 represented by the road construction shall be deemed paid when the construction
7 is completed and accepted by the county or state for maintenance or when
8 adequate security for the completion of the construction has been provided.
9
10 In the event the developer proposes to dedicate or acquire right-of-way, the
11 provisions of Section 1-17-33.1(6) shall apply. The portion of the fee represented
12 by the right-of-way dedications or acquisitions shall be deemed paid only when the
13 dedicated or acquired property is officially accepted by the county or other
14 appropriate governmental entity.
15
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17
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24
25
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29
30
31
32
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34
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(c) If road impact fees are owed, no development permits of any type may be issued
for the building or structure in question while the fee remains unpaid. The county
administrator may authorize the initiation of any action as permitted by law or equity
to collect the unpaid fees.
Section 1-17-31. Use of Funds and Road Benefit Zones.
(a) All funds collected from road impact fees shall be used solely for the purpose of
capital improvements or enhancements to transportation facilities associated with
the arterial and collector road network of the county as identified in the County's
Comprehensive Plan or the Comprehensive Plans of the City of Fort Pierce, City of
Port St. Lucie, St. Lucie Village or by the State of Florida. Road Impact Fees shall
not be used for maintenance or operation purposes. Such improvements shall be
of the type as are made necessary by the new development.
(b) Except as provided in paragraph (d) of this section, all funds shall be used
exclusively for capital improvements within the road benefit zone from which the
funds were collected or for projects in ether adjacent road benefit zones which are
of direct benefit to the road benefit zone from which the funds were collected.
Funds shall be expended in the order in which they are collected. For purposes of
this article, the road benefit zones shall be as depicted in Figure I.
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Road Impact Fee - Final
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PRINT DATE: 05/09/00
(c) Each January the county administrator shall present to the board of county
commissioners a proposed capital improvement program for roads, assigning funds,
including any accrued interest, from the several special revenue funds to specific
road improvement projects and related expenses. Moneys, including any accrued
interest, not assigned in any fiscal year shall be retained in the same special
revenue funds until the next fiscal year except as provided by the refund provisions
of this article.
(d) The eaun collecting governmental entity shall be entitled to retain throc (3) four (4)
percent of all impact fee funds it collects to offset the costs of administering and
enforcing this article.
Section 1-17-32. Refund of fees paid.
(a) If a building permit or electrical permit for a recreational vehicle park or mobile home
park expires, then the feepayer shall be entitled to a refund of the impact fee paid
as a condition for its issuance except that the county shall retain six (6) per cent of
the fee to offset the costs of collection and refund.
(b) Any funds not expended or encumbered by the end of the calendar quarter
immediately following ten (10) years from the date the roads impact fee was paid
shall, upon application of the feepayer, be returned to him with interest at the rate
of six (6) per cent per annum.
Section 1-17-33. Exemptions.
(a) The following shall be exempted wholly or in part from payment of the roads impact
fee:
1. Alterations or expansion of an existing building where no additional units are
created, the use is not changed, and where no additional vehicular trips will
be produced over and above that produced by the existing use.
2. The construction of accessory building or structures which will not produce
additional vehicular trips over and above that produced by the principal
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Road Impact Fee - Final
Page 19
PRINT DATE: 05/09/00
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Road Impact Fee - Final PRINT DATE: 05/09/00
OR BOOK 11301 FACE 23717
1 building or use of the land.
2
3 3. The replacement of a destroyed or partially destroyed building or structure
4 in existence on or after February 1, 1986, with a new building or structure (a)
5 of the same or a different use provided that no additional trips will be
6 produced over and above those produced by the original use of the land or
7 (b) of the same or a different use producing additional trips but only for the
8 original trips generated.
9
10 4. In those cases where a building permit or electrical permit for a recreational
11 vehicle park or mobile home park was issued prior to February 1, 1986, but
12 where the permit has since expired and more than fifty (50) per cent of the
13 building construction was completed based on the last inspection.
14
15 5. Any claim of exemption must be made no later than the time of application
16 for a building permit or electrical permit for a mobile home. Any claim not so
17 made shall be deemed waived.
18
19
20 Section 1-17-33.1. Credits.
21
22 (a) Scope.
23
24 Any person who shall commence any traffic impact generating land development
25 activity may apply for a credit against the required road impact fee for any
26 contribution, construction, or dedication of land made by such person or
27 predecessor in interest and accepted and received by St. Lucie County, the
28 appropriate local municipality, state or federal agency for transportation facilities that
29 are creditable pursuant to this section. Consistent with the standards of this section,
30 an application may be made for credit for any contribution, construction or
31 dedication made in St. Lucie County as required by a development order issued by
32 St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie
33 Village pursuant to its local development regulations or section 380.06, Florida
34 Statutes, or any additional development condition imposed by the Florida Land and
35 Water Adjudicatory Commission on a development of regional impact to the extent
36 the contribution, payment, construction or dedication meets the same needs as the
37 roads impact fee.
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Road Impact Fee - Final PRINT DATE: 05/09/00
1100
1301
0
! BOOK i.. L„a E J
1
(b) General standards.
2
3
Any person desiring a road impact fee credit, who proposes to make any
4
contribution, construction ordedication of a transportation facility along any roadway
5
that is identified in the County's Comprehensive Plan or in the St. Lucie County
6
Metropolitan Planning Organization Roads Impact Fee Eligibility Network, shall first
7
obtain from the board of county commissioners an approval that the proposed
8
contribution, construction or dedication is considered to be eligible for a road impact
9
fee credit. Upon the determination by the board that the proposed contribution,
10
construction or dedication is eligible for a road impact fee credit, the final amount
11
of the credit shall be determined upon the submission of a request for road impact
12
free credit and the entering into of a formal road impact fee credit agreement.
13
14
Prior to the issuance of any credits against the roads impact fee, the person who
15
made the contribution, construction or dedication of transportation facilities shall
16
enter into an impact fee credit agreement with the board of county commissioners.
17
The following provisions are the general rules forthe award of credit, supplemented
18
as provided in this section and implemented by the administrative procedures.
19
20
1. Credits applied against the Roads Impact Fee for contributions, construction
21
or dedications shall not be transferable as a credit against other impact fees
22
imposed for purposes other than roads.
23
24
2. If allowed by the credit agreement, credits may be assigned to successors
25
in interest provided the county receives a recorded copy of the written
26
agreement signed by both the assignor and the assignee.
27
28
3. No credit shall exceed the amount due for the roads impact fee.
29
30
4. No credit shall be given for dedications and transportation improvements
31
dedicated or constructed before February 1, 1985. Any claim for credit for
32
those improvements constructed after February 1, 1985, but prior to
33
September 1, 1987, must be made no later than March 1, 1988, or those
34
claims shall be deemed waived.
35
36
(c) Specific standards.
37
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Road Impact Fee - Final PRINT DATE: 05/09/00
0 OR BOOK 1301 PAGE 2379 0
Credits against road impact fees otherwise payable shall be allowed only under the
following conditions.
1. County need.
The contribution, payment, construction or dedication shall meet a
transportation capital need identified in the County's Comprehensive Plan or
in the St. Lucie County Metropolitan Planning Organization Roads Impact
Fee Eligibility Networks. No credit shall be given for capital improvements
that do not meet a transportation capital need identified in County's
Comprehensive Plan or in the St. Lucie County Metropolitan Planning
Organization Roads Impact Fee Eligibility Networks.
2. Site -related transportation improvement.
No credit shall be given for any site -related transportation improvements or
site -related right-of-way dedications, unless it can be shown to the
satisfaction of the county administrator through appropriate technical
documentation that the site related improvement or right-of-way dedication
provides for roadway capacity enhancements in excess of the impacts of the
proposed development. Site -related transportation and right-of-way
improvements, include, but are not limited to:
a. all driveway connections, turn lanes and other site specific access
improvements connecting the property defined in a final development
order to any adjacent impact fee eligible roadway.
b. all driveways, roads and attendant support systems including but not
limited to drainage facilities, mitigation areas, etc, within, or
immediately adjacent to, the defined limits of the approved final
development order.
3. Safety -related improvements.
Safety -related improvements which do not increase road capacity shall
receive no credit.
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Road Impact Fee - Final PRINT DATE: 05/09/00
1
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40OR BOOK :i. 1:.70.1. ! :3E 23100
4. Operational improvements.
Nonsite-related operational improvements shall receive credit to the extent
that they provide increased capacity.
5. Capacity improvements.
Nonsite-related capacity improvements shall receive credit to the extent that
they provide increased capacity.
6. Right-of-way dedication.
Credit forthe dedication of nonsite-related right-of-way shall be valued at one
hundred twenty (120) per cent of the most recent assessed value by the
county property appraiser plus the reasonable cost, as determined by the
county administrator, of any survey, closing costs ortitle information provided
by the feepayer to the county at the request of the county. Credit for the
dedication of right-of-way shall be provided when the property has been
conveyed at no charge to, and accepted by, the county in a manner
satisfactory to the board of county commissioners.
If the feepayer shall opt not to have the right-of-way dedication credit
determined as set out above, then the amount of credit shall be determined
by the board of county commissioners based on an Independent Property
Appraisal, as described in section 1-17-36 of this article, prepared by an
individual both a member of the Appraisal Institute (MAI) and a state certified
general appraiser acceptable to the board of county commissioners, that is
paid for by the feepayer. At the option of the board, the board may request
a review appraisal, as described in section 1-17-37 of this article provided
that in the event the value established by the independent appraisal exceeds
one hundred twenty (120) per cent of the assessed value by more than
twenty-five (25) per cent, the board shall request a review appraisal.
In the event the board determines to request a review appraisal and the
determination of the value is the same or greater than value determined by
the independent appraiser, then the County shall bear the cost of the review
appraisal. If the determination of the value by the review appraiser is less
Ordinance #00-004fnl
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t
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S u i n r r,� , 0
uR 00UK 1301. PAGE 2381
than the value determined by the independent appraiser, then the feepayer
shall pay for the cost of the review appraisal. Any independent or review
appraisal submitted pursuant to this subsection shall be subject to review of
methodology and technical accuracy at the discretion of the county
administrator.
In the event a property owner determines to donate, and the county
determines to accept, nonsite related right-of-way for any planned
nonexisting roads or expansion of existing impact fee eligible roadways as
described in Section 1-17-33.1(c)(1) to the county in advance of any
application for final development order approval, the board of county
commissioners shall reserve the determination of value of the credit for the
dedicated right-of-way until the property owner, or his assigns, seek a final
development order approval for the remainder of the property from which the
dedicated right-of-way was provided. All right-of-way credits shall be
determined at the time contracts are let for the construction/expansion of the
eligible roadway or at the time a Final Development Order approval is
granted, whichever occurs first. No right-of-way credit determination may
include the consideration of any enhancement to the value of property
dedicated as a result of the new or expanded roadway construction.
7. Application procedure.
Applicants for credit for construction of nonsite related road improvements
shall submit documentation of the actual engineering and construction costs
to the county administrator or his designee. The county administrator or his
designee shall determine credit for roadway construction based upon these
costs or upon alternative engineering and construction cost estimates if the
county administrator or his designee determines that such costs submitted
are excessive or incomplete.
8. Acquisition by Purchase or Condemnation.
In the event a developer is required as a condition of a final development
order to acquire off -site right-of-way along impact fee eligible roadways as
described in Section 1-17-33.1(c)(1), the developer shall first obtain an
Independent Property Appraisal as described in section 1-17-36 and provide
Ordinance #00-004fnl
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0
OR B90 .-01 PAGE 2 �9
the county administrator with a copy of the appraisal. The county
administrator may obtain a review appraisal as described in Section 1-17-37.
Except as provided below, credits for right-of-way acquisition shall be based
on the Independent Property Appraisal, the Review Appraisal, or the
purchase price, if lower, as determined by the county administrator. In the
event the developer is unable to acquire the right-of-way for appraised value
or lower, the Board may:
a. grant additional credits above the appraised value if it determines that
the cost of acquisition is less than the cost of condemnation or that
condemnation is not practical or desired; or,
b. authorize the condemnation of the parcels; or,
C. deny the request for additional credits.
9. Time of claim; waiver.
Except as provided in section 1-17-33A(b)(4), any claim for credit must be
made no later than the time of application for a building permit or for an
electrical permit for a mobile home or recreational vehicle. Any claim not so
made shall be deemed waived.
Section 1-17-34. Definitions.
(a) A "feepayer" is a person commencing traffic generating land development activity
covered by this article.
(b) A "capital improvement" includes traffic engineering studies, transportation planning
and the right-of-way acquisition, engineering design and construction of any road
construction project but does not include "periodic" or "routine maintenance" as
defined in Section 334.03, Florida Statutes.
(c) The "expansion" of the capacity of a road includes any widening, intersection
improvement, signalization or other capital improvement designed to increase the
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SOR BOOK IM1 PAGE 2383
1
road's capacity.
2
3
(d)
The "generation" of traffic shall include both the production and attraction of traffic.
4
Land development activity shall be deemed to generate additional traffic if the result
5
of the activity is a use of land which will generate more vehicular traffic than the pre-
6
existing use.
7
s
(e)
"Level of service" is a indicator of the extent or degree of service provided by a
9
public facility and related to the operational characteristics of the public facility. For
10
the purpose of this article roadway levels of service are as defined in the St. Lucie
11
County Comprehensive Plan
12
13
(f)
The term "Road" includes streets, sidewalks, alleys, highways and otherways open
14
to travel by the public including the roadbed, right-of-way and culverts, drains,
15
sluices, ditches, water storage areas, waterways, embankments, slopes, retaining
16
walls, bridges, tunnels and viaducts necessary for the maintenance of travel.
17
18
(g)
A "unit" for residential, hotel and motel uses, is each entity of occupancy within a
19
building and not the entire building.
20
21
22
Section
1-17-35. Independent Traffic Study.
23
24
(a)
In the event that the feepayer opts not to use the road impact fee tables set out in
25
section 1-17-29, the amount of road impact fee due shall be determined by the
26
county administrator based upon the traffic generation rates determined by an
27
Independent Traffic Study (ITS), prepared by a registered Florida professional
28
engineer. The Independent Traffic Study or "ITS" is a statement meeting the
29
following criteria:
30
31
1. The statement shall project whether roads serving or to serve the proposed
32
project will fall below level of service D during any calendar month of any
33
year during a twenty-year period beginning from the project start of the
34
development.
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36
2. In determining the effects of a proposed project on the level of service, the
37
ITS shall consider the following:
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a. Traffic characteristics and levels of service of existing major
thoroughfares directly affected by the proposed project;
b. Trip generation and origin -destination projections for the proposed
project;
C. Impacts of the proposed project on affected major thoroughfares
including anticipated changes in the level of service;
d. Impacts of previously approved projects affecting the same major
thoroughfares as the proposed project;
e. Radius of development influence;
f. Effects of phasing of the proposed development including
relationships to any long-range thoroughfare plans of the county and
to the five-year transportation improvement program of any
metropolitan planning organization and the five-year work program of
the Florida Department of Transportation;
g. Effects of roadway alterations to be made as part of the proposed
project, including intersection improvements, turn lanes, signalization,
median and other improvements;
h. Impacts of increased through traffic movement and traffic from
potential developments permitted and contemplated under the St.
Lucie County Comprehensive Plan.
3. The ITS shall address each of the applicable Goals, Objectives and Polices
of the St. Lucie County Comprehensive Plan.
4. The following methods of evaluation and standards shall be used in
preparing the ITS, unless the county administrator finds that, because of
circumstances unique to the proposed development and roadway system
serving the proposed development, other methods or standards provide a
more accurate means to evaluate the status of the major thoroughfares
affected by the proposed project:
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a. Total traffic generated by the project shall be computed using the
rates published in the latest edition of the Institute of Transportation
Engineers (ITE) "Trip Generation and Informational Report," unless
documentation is supplied justifying the use of different rates.
b. Traffic assignments shall be made for each link within the project's
radius of development influence in conformance with good traffic
engineering principles. The ITS shall use the following table of
average daily trips as the standard for level of service D:
Design Type
Average
Daily Trips
Two-lane(two-way) ........................
13,900
Four-lane(undivided) ......................
24,400
Four-lane(divided) ........................
32,900
Six-lane(undivided) ........................
40,200
Six-lane(divided) ..........................
50,000
Eight-lane(divided) ........................
65,100
Four -lane expressway .....................
68,700
Six -lane expressway ......................
102,200
Eight -lane expressway ....................
137,500
Average daily trips shall be based on data for travel during the first
quarter of the calendar year.
C. In lieu of being based on the table in paragraph b, the ITS may be
based on an analysis of peak hour intersection capacities to
determine whether the standard is met. The analysis shall contain
detailed intersection analyses (including calculations) for all
intersections within the radius of development influence. Where
detailed intersection capacity analysis is provided, the 1985 Highway
Capacity Manual shall be referenced and used as documentation.
When or if subsequent editions become available, such subsequent
editions shall be referenced.
d. The county administrator may require that both the lane analysis and
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the intersection analysis be provided if he has reason to believe that
at one or more affected intersections the sum of peak -hour critical
lane volumes is expected to exceed one thousand two hundred
(1,200) vehicles per hour.
e. The ITS shall cover the radius of development influence of a
proposed development, which shall include an area of five (5) road
miles from the perimeter of the development. The project's radius of
development influence shall be measured as road miles from the
proposed project, not as a geometric radius.
f. Background traffic shall be taken into account as follows:
1. The effect of previously approved but incomplete projects that
may eventually affect the major thoroughfares within the radius
of development influence of the proposed project shall be
addressed in the ITS as provided herein.
2. Phasing of previously approved projects may be considered in
the analysis of background traffic.
g. Future traffic shall be taken into account as follows:
1. The effects of increased through traffic and increases in traffic
associated with the development of lands suitable for
development but not yet planned should be estimated.
Estimates should be developed for a twenty-year period for
through movements and for total buildout of potential
developments.
2. The current land use element of the St. Lucie County
Comprehensive Plan in conjunction with the current zoning
designations should utilized to estimate the traffic impact from
potential developments affecting the radius of development
impact.
h. The ITS may take into account roads and road improvements not yet
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constructed only if all funds for such roads and road improvements
have already been specifically appropriated by the board of county
commissioners or the legislature of the State of Florida for the
particular road or road improvements.
i. The ITS shall identify all roadway improvements necessitated by
projected traffic and the per cent impact of the traffic of the projected
increased traffic demand by link for each required improvement not
included under paragraph h.
j. The ITS shall also identify the costs of all link improvements required
by projected traffic in the ITS.
k. The ITS shall identify the impact fee by multiplying the cost by link as
identified in paragraph Q) by the percentage of impact traffic as
determined in paragraph
i. The impact fee shall be computed as set forth in section 1-17-29(b).
I. The ITS shall be prepared and sealed by a registered Florida
professional engineer.
M. Studies and analyses required by this section shall be subject to
review of methodology and technical accuracy by the county
administrator.
Section 1-17-36. Independent Property Appraisal
(a) If the feepayer shall opt not to have the value of any right-of-way dedication
determined as set out in section 1-17-33.1(c)(6), the amount of credit shall be
determined by the board of county commissioners based on an Independent
Property Appraisal (IPA), prepared by an individual who is both a member of the
Appraisal Institute (MAI) and a state certified general appraiser acceptable to the
board of county commissioners, that is paid for by the feepayer. An "independent
property appraisal" is an appraisal report containing the following:
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1. Purpose of appraisal.
The purpose of the appraisal which includes a statement of value to be
estimated and the rights or interest being appraised.
2. Legal Description of property.
3. Description of parent property.
Description of the parent property to be appraised will include:
a. Names of apparent owner of each interest being evaluated.
b. Location of property.
C. Total area of property in acres or square feet.
d. Area of each interest in property being acquired in acres or square
feet.
e. A minimum of five (5) years delineation of title.
f. Present use and zoning.
g. Utilities.
h. Type and condition of improvements and special features that may
add to or detract from the value of the property.
4. Highest and best use.
The highest and best use of the property on which the appraisal is based
before the acquisition of rights and interests to be acquired and the highest
and best use of the remainder after the acquisition when a partial taking is
involved. In either instance, if the existing use is not the premise on which
the valuation is based, the appraisal will contain an explanation justifying the
determination that the property is available and adaptable for a different
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a'lqR BOOK 1301 PAGE 2`389
highest and best use and there is demand for that use in the market.
5. Before and after valuation.
The "before and after' method of valuation as interpreted by Florida law will
be used in partial donations or special benefits to the residue land or
improvements.
6. Approaches to value.
The appraisal should include all applicable approaches to value. If an
approach is not considered applicable, the appraiser must state why. All
pertinent calculations used in developing the approaches will be shown.
a. In the market approach, the appraisal report will contain a direct
comparison of pertinent comparable sales to the property being
appraised. The appraiser must include a statement setting forth his
analysis and reasoning for each item of adjustment to comparable
sales.
b. Where in the income (capitalization) approach is used, there must be
documentation to support the income, expenses, interest rate,
capitalization rate, discount rate, or any other factors used in the
analysis. Where it is determined that the market rental income is
different from the existing or contract income, the increase or
decrease must be explained and supported by market information.
C. Where the cost approach is utilized, the appraisal report must contain
the specific source of cost data, remaining economic life, and an
explanation of each type of accrued depreciation.
7. Appraisal of after value.
The appraisal of the after value must be supported to the same extent as the
appraisal of the before value. This support should include one or more of the
following:
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a. Sales comparable to the remainder properties.
b. Sales of comparable properties from which there have been similar
donations, or acquisitions for like usages.
C. Development of the income approach on properties which show
economic loss or gain as a result of similar acquisition or taking for
like usages.
d. Public sales of comparable lands by the state or other public
agencies.
e. In the event the data described in a through d above are not
available, the appraisal will so state and give the appraiser's
reasoning for his value estimate.
8. Difference between before and after.
The difference between the before and after appraisal will represent the
value of the property to be acquired including the damages to the remainder
property. The appraiser will separately analyze and tabulate the difference
showing a reasonable allocation to lane improvements, and damages.
9. More than one approach used.
Where two (2) or more of the approaches of value are used, the appraisal
will show the correlation of the separate indications of value derived by each
approach along with a reasonable explanation for the final conclusion of
value. This correlation will be included for both before and after appraisals.
10. Photographs.
All appraisals should include identified photographs of the subject property
including all principal above ground improvements or unusual features
affecting the value of the property to be taken or damaged.
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11. Sketch or plat.
Appraisal reports for whole takings will contain a sketch or plat of the
property showing boundary dimensions, location of improvements and other
significant features of the property. For partial takings, the sketch or plat will
also show the area to be acquired, relation of the improvements to the taking
area and area of each remainder.
12. Comparable sales.
Each appraisal report will contain or make reference to the comparable sales
which were used in arriving at the fair market value.
a. The appraiser must state the date of sale, names of parties to the
transaction, consideration paid, financing, conditions of sale and with
whom these were verified, the location, total area, type of
improvements, appraiser's estimate of highest and best use at the
date of sale, zoning and any other data pertinent to the analysis and
evaluation thereof.
b. If the appraiser is unable to verify the financing and conditions of sale
from the usual sources such as buyer, seller, broker, title or escrow
company etc. he will so state.
C. Pertinent comparable sales date should include identified
photographs of all principal above ground improvements or unusual
features affecting the value of the comparable.
13. Inspection of properties.
All property appraised and the comparable sales which were relied upon in
arriving at the fair market value estimate will be personally inspected in the
field by the appraiser and all dates of inspection will be shown in the
appraisal report.
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14. Date of valuation.
•
The effective date to which the valuation applies.
15. Limiting conditions.
Statement of appropriate contingent and limiting conditions if any.
16. Certification and signature.
The certification, signature and date of signature of the appraiser.
Section 1-17-37. Property Review Appraisal
(a) At the option of the board, the board may request a review appraisal of the
Independent Property Appraisal (IPA), provided that in the event the value
established by the Independent Property Appraisal exceeds one hundred twenty
(120) per cent of the assessed value by more than twenty-five (25) per cent, the
board shall require a review appraisal. A "review appraisal" shall comply with the
following procedures:
1. The reviewing appraiser will field inspect the property appraised and the
comparable sales considered by the appraiser in arriving at either or both,
as appropriate, the fair market value of the whole property and of the
remainder.
2. The reviewing appraiser will examine the appraisal reports to determine that
they:
a. Comply with the provisions of this section.
b. Follow accepted appraisal principles and techniques in the valuation
of real property in accordance with existing state law.
C. Contain or make reference to the information necessary to explain,
substantiate and thereby document the conclusions and estimates of
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OR BOOK 1301 PAGE 23-93
value and/or just compensations identified therein.
d. Include consideration of compensable items, damages and benefits,
but do not include compensation for items, damages and benefits
noncompensable under state law.
e. Contain an identification or listing of the buildings, structures and
other improvements on the land as well as the fixtures which the
appraiser considered to be a part of the real property to be acquired.
f. Contain the estimated fair market value for or resulting from the
acquisition, and where appropriate, in the case of a partial acquisition,
either in the report or in a separate statement, a reasonable allocation
of the estimate of the fair market value for the real property acquired
and for damages to remaining real property.
3. Prior to finalizing his estimate of just compensation, the reviewing appraiser
will request and obtain corrections or revisions of appraisal reports which do
not substantially meet the requirements set forth in this section. These will
be documented and retained in the parcel file.
4. The reviewing appraiser may supplement an appraisal reportwith corrections
of minor mathematical errors where such errors do not affect the final value
conclusion. He may also supplement the appraisal file where the following
factual data has been omitted:
a. Owner's and/or tenants' names.
b. Parties to transactions, date of purchase and deed book reference on
sale of subject property and comparables.
C. Statement that there were no sales of subject property in past five (5)
years.
d. Location, zoning or present use of subject property or comparables.
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5. The reviewing appraiser will initial and date his corrections and/or factual
data supplements to an appraisal report.
6. The reviewing appraiser will submit a signed and dated statement setting
forth:
a. His estimate of just compensation including, where appropriate, his
allocation of compensation for the real property acquired and for
damages to remaining real property, and an identification or listing of
the buildings, structures, and other improvements on the land as well
as the fixtures which he considered to be a part of the real property
to be acquired, if such allocation or listing differs from that of the
appraisal(s).
b. That as a part of the appraisal review there was a field inspection of
the parcel to be acquired and the comparable sales applicable
thereto.
C. That he has not direct or indirect present or contemplated future
personal interest in such property or in any monetary benefit from its
acquisition.
d. That his estimate has been reached independently, without
collaboration or direction, and is based on appraisals and other
factual data.
7. In the event that the review appraiser determines the value to be the same
or greater than the value determined by the Independent Property Appraisal
(IAP) the county shall bear the cost of the review appraisal.
Section 1-17-38. Appeals
(a) Any decision made by the county administrator in the course of administering the
provisions of this chapter may be appealed to the board of county commissioners
by filing a petition of appeal within thirty (30) calendar days of the date of the
rendition of the decision.
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(b) The board of county commissioners shall review the petition at a public meeting
within thirty (30) calendar days from the date of appeal of said decision. The
petitioner shall be provided reasonable notice of the time, date, and place of the
public meeting by certified mail, return receipt requested, and invited to attend.
Testimony at the public meeting shall be limited to ten (10) minutes per side, unless
an extension of time is granted by the board. The board's decision shall be final for
the purpose of administrative appeals.
The board of county commissioners shall revoke the decision of the county
administrator only if there is competent, substantial evidence in the record that the
decision fails to comply with this Article.
Section 1-17-39. Review.
(a) The roads impact fee shall be rcvicwcd shall be adjusted by the county
administrator in April of each calendar year. Unless otherwise directed by the
board, any adjustments to the roads impact fee made pursuant to this section shall
be based on the methodology described in paragraph (b) of this section and shall
be effective the first Monday in October of each calender year.
(b) The base for computing the adjustment is the Consumer Price Index - All Urban
Consumers (base year 1995 = 100) for the United States, published by the United
States Department of Labor Statistics (the Index), that is published for January 1996
(the Beginning Index). If the Index published nearest the Adjustment Date (the
Extension Date) has increased over the Beginning Index, the fee for the following
year (until the next Fee Adjustment) shall be set by multiplying the appropriate fee
set forth in the schedule above by a fraction, the numerator of which is the
Extension Index and the denominator of which is the Beginning Index.
(c) If the Index is changed so that the base year differs, the Index shall be converted
in accordance with the conversion factor published bythe United States Department
of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised, such
other government Index or computation with which it is replaced shall be used in
order to obtain substantially the same result as would be obtained if the Index had
not been discontinued or revised.
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18OR BOOK 1301 PAG31E 2396 Is
JdL The Board of County Commissioners and shall review the Roads Impact Fee at
least once every five (5) years from the effective date of Ordinance 00-004 (October
1, 2000).
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
County, County ordinances and County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance.
If this ordinance or any provision thereof shall be held to be inapplicable to any person,
property, or circumstance, such holding shall not affect its applicability to any other person,
property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the
incorporated areas even in the absence of interlocal agreements with the affected
municipalities.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to
the Bureau of Administrative Code and Laws, Department of State, The Capitol,
Tallahassee, Florida 32304.
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PART F. EFFECTIVE DATE.
The Amendments to Amending Section 1-17-25(C), Short Title, Authority, And
Applicability; Section 1-17-29(B)(4), Computation of the Amount of Roads Impact Fee,
Section 1-17-30, Payment of Fee; Section 1-17-31, Use of Funds and Road Benefit Zones;
Section 1-17-33.1, Credits; and Section 1-17-39, Review, shall become effective upon
the filing with the Department of State.
The Amendment to Section 1-17-31(D), Use of Funds and Road Benefit Zones, shall
become effective on October 1, 2000.
The Amendment to Section 1-17-29(A), Computation of the Amount of Roads Impact Fee,
shall become effective on October 1, 2000 and October 1, 2001, as provided in Section 1-
17-29.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman John D. Bruhn AYE
Vice Chairman Frannie Hutchinson AYE
Commissioner Paula Lewis AYE
Commissioner Cliff Barnes AYE
Commissioner Doug Coward AYE
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that parts B through H shall not be codified.
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BOOK 1.301 PAGE 2308
2 PASSED AND DULY ENACTED this 9th day of May, 2000.
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14ra�y
15 A d
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as !i
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BOARD OF COUNTY
ST. LUCIE COUNTY,
tr.
BY:
APPROVED AS TO FORM -AND
CORRECTNESS:
NTY AT`MNEY
7 OR00-004c(IMPACT2000)
6 DJM
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