HomeMy WebLinkAbout00-051
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ORDINANCE NO. 00-005
AN ORDINANCE AMENDING, ARTICLE III OF CHAPTER 1-15, PARKS
IMPACT FEE, OF THE ST. LUCIE COUNTY CODE AND COMPILED
LAWS BY AMENDING SECTION 1-15-31, SHORT TITLE, AUTHORITY,
AND APPLICABILITY, TO PROVIDE FOR ADDITIONAL FINDS OF FACT;
BY AMENDING SECTION 1-15-36, COMPUTATION OF THE AMOUNT
OF PARKS IMPACT FEE TO PROVIDE FOR A CLARIFICATION OF THE
CURRENT IMPACT FEES BEING ASSESSED PURSUANT TO THE MOST
RECENT CPI ADJUSTMENT; BY AMENDING SECTIONS 1-15-37,
PAYMENT OF FEE AND 1-15-38, CREDITS, TO PROVIDE FOR MINOR
EDITORIAL CHANGES FOR CLARIFICATION PURPOSES; BY
AMENDING SECTION 1-15-43, USE OF FUNDS TO PROVIDE FOR A 4%
ADMINISTRATIVE FEE; PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION
AND PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. On September 19, 1995, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 95-023, imposing a Parks Impact Fee in St. Lucie
County.
2. On February 17, 2000, the Local Planning Agency/St. Lucie County Planning and
Zoning Commission held a public hearing on the proposed ordinance after
publishing two notices in The Port St. Lucie News and The Tribune at least ten (10)
days prior to the hearing and determined that the proposed ordinance was
consistent with the St. Lucie County Comprehensive Plan.
3. On April 20, 2000, this Board held its first public hearing on the proposed ordinance,
after publishing a notice of such hearing in The Tribune and the Port St Lucie News
on April 10, 2000.
Ordinance #00-005fnl
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4. On May 9, 2000, this Board held its second public hearing on the proposed
ordinance, after publishing a notice of such hearing in The Tribune and the Port St.
Lucie News on April 28, 2000.
5. The Board of County Commissioners has reviewed and accepted a Technical
Memorandum on an Update of Road, School, Library, Public Buildings and Parks
Impact Fees and a Proposal for a Fire & Rescue [EMS] Impact Fee, prepared for
St. Lucie County, dated April 27, 2000, prepared by Dr. James Nicholas, PhD.
6. The proposed amendments to Article I, Chapter 1-15, Parks Impact Fee are
consistent with the general purpose, goals, objectives, and standards of the St.
Lucie County Comprehensive Plan and is in the best interest of the health, safety,
and public welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie
County:
Part A. ARTICLE III "PARKS IMPACT FEE" OF CHAPTER 1-15 OF THE CODE
OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS
FOLLOWS:
ARTICLE III
PARKS IMPACT FEE
Section 1-15-31. Short Title, Authority, and Applicability.
A. This ordinance shall be known and may be cited as the 'Parks Impact Fee
Ordinance".
B. The Board of County Commissioners of St. Lucie County has the authority to adopt
this ordinance pursuant to Article VIII of the Constitution of the State of Florida and
to Chapter 125 and Sections 163.3201 and 163.3202(3) Florida Statutes.
C. Pursuant to Section 125.01(1)(0, Florida Statutes, St. Lucie County has the power
to provide parks in the County. St. Lucie County provides parks in the incorporated
Ordinance #00-005fnl
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10-iP i;OUN 1 t PAGE 119, 51
and unincorporated areas of St. Lucie County. Development within the cities
impacts the capital parks needs of the County.
D. St. Lucie County must collect parks impact fees within the incorporated and
unincorporated areas of St. Lucie County in order to provide County parks that
adequately serve the needs of all County residents including the residents of the
cities.
G-.E. This article shall apply to all areas of St. Lucie County, even in the absence of
interlocal agreements with the affected municipalities.
Section 1-15-32. 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
expenditures necessaryto provide parks in St. Lucie County as contemplated bythe
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 1-15-33. Rules of Construction.
A. The provisions of this ordinance 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 ordinance, unless
otherwise stated in this ordinance, the following rules of construction shall apply to
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� 1t*nR BOOK 1301 MUTE- 196
the text of this ordinance:
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.
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" indicatesthatthe 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.
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8 Unless the context clearly indicates to the contrary, the terms "community
parks" and "regional parks" shall have the same meaning as those terms are
given in the St. Lucie County Comprehensive Plan.
9 "County Administrator" means the County Administrator or whoever he/she
may designate to carry out the administration of this ordinance.
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 1-15-34. Definitions.
A. A "beach access area" is an area developed to provide public access to waterfront
recreation areas. Beach access areas include, but are not limited to, all accesses
into the Atlantic Ocean; the Indian River Lagoon and its tributaries; the North Fork
of the St. Lucie River and its tributaries.
B. A "capital improvement" includes parks planning, land acquisition, site
improvements, buildings, and equipment, but excludes maintenance and operation.
C. A "feepayer" is a person commencing a land development activity by applying for
the issuance of a building permit or electrical permit for a mobile home park or
recreational vehicle park for a type of land development activity specified in Section
1-15-36A of this ordinance.
D. A "private recreational facility" is any recreational facility which is not owned by or
dedicated to any governmental entity.
E. A "regional recreation area" is an area providing facilities designed for outdoor
recreation and leisure activities, with a service area of sixty (60) miles or more and
a desirable size of at least one hundred (100) acres. Activities may include, but are
not limited to: boating, fishing, or camping; bicycle, hiking, or horse trail systems;
nature or husbandry centers; or sport and athletic facilities.
F. A "special recreation area" is an area designed for a single purpose or specific
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recreational and leisure activities that may include, but are not limited to: golf
courses, conservatories, zoos, gun or archery ranges, outdoor theaters, historic
sites, marinas, botanical gardens, athletic complexes, or watersport facilities.
Section 1-15-35. Imposition of Parks Impact Fee.
A. Any person who, after the effective date of this ordinance, seeks to develop land by
applying for the issuance of a building permit for one of the residential land use
types specified in Section 1-15-36 of this Ordinance or an electrical permit for a
mobile home park or recreational vehicle park shall be required to pay a parks
impact fee in the manner and amount set forth in this ordinance. Nothing in this
article shall be deemed to eliminate the requirements of Section 11.02.07 of the St.
Lucie County Land Development Code.
B. No building permit for any residential land use types specified in Section 1-15-36 of
this ordinance nor electrical permit for a mobile home park or recreational vehicle
park shall be issued unless and until the parks impact fee hereby required has been
paid as provided in Section 1-15-37 of this Ordinance.
Section 1-15-36. Computation of the Amount of Parks Impact Fee.
A. At the option of the feepayer, the amount of the fee may be determined by the
following fee schedule. The foes shown on the schedule reflect a zero (0) per cent
discount.
PARKS IMPACT FEE
COUNTVIYIDE ASSESSMENT
FEE AS OF
Fkl66 APINWA6
LAND � TYPE
U6
AREASHRE IMPACT SEE dAN. 4 I dAF1 q I dA/F4-
WGREAGE 4096 4999: 4908
RESIDENTIAL
SINCLC FMWILY > e::r� I 869 I 4-2& I +28 I 245 I G%
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A
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0
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• W 1307. PA6E 1149 •
LAND USE TYKE
MOBILE HOMLIRV (MHr'SRRV r'od(OnNj)
MULTI I-AMILY (Al typca)
I•IOTEUMOTEL
BED & BREAKFAST RESIDENCE
PALL OTHER RESIDENTIAL
NOTE
PARKS IMP f"L FEE
(1)l N'TWIDN ASSESS\IF.\ F
FEE AS OF
UNIT or FW66 ANNWA6
iAEA6daE IWACT FEE dAN.1- I dA►I 4, I ,
4896 499? 4998
rEi� vr�r 244. _86 -84 464 244-
zR=oF.i'r 828 4499 499 24& 829
-68 -28 -23 -46 -68
as& 42& 423 246 968
The fcc sehedulc shown in thin Tablc io subject to revi3ion brood
upon the proviniono of Section 1 15 47 of this Artio)c.
PARKS IMPACT FEE
COUNTYWIDE ASSESSMENT
I LAND USL ,rYPE I fv1E LIN!
lm OF I IMPACT I LE I
RESIDENTIAL
SINGLE FAMILY PER UNIT $403
MOBILE HOME/RV (MHP/RV Park Only) PER UNIT $264
MULTI -FAMILY (AIL types) PER UNIT $359
HOTEL/MOTEL PER ROOM $260
BED & BREAKFAST RESIDENCE $260
ryY.lE6 NOT INCW�E THE PRIM4RY RE9IGEHGE. SINGLE FAMILYHN"EEMNSTALSOBE PER ROOM
-11
ALL OTHER RESIDENTIAL. PER UNIT $403
NOTE: II The fee schedule shown in this Table is subject to annual revision
based upon the provisions of Section 1-15-47 of this Article.
If the type of residential development activity for which a building permit or electrical
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1 permit for a mobile home park or recreational vehicle park which is being applied
2 for is not specified on the above fee schedule, the County Administrator shall use
3 the fee applicable to the most nearly comparable type of land use on the above fee
4 schedule.
5
6 B. The person applying for the issuance of a building permit or electrical permit for a
7 mobile home park or recreational vehicle park may, at his option, submit evidence
8 to the County Administrator indicating that the fees set out in paragraph A above
9 are not appropriate for his particular development. Based upon convincing and
to competent evidence, the County Administrator may adjust the fee to that
11 appropriate for the particular development. The adjustment may include a credit
12 against the fee otherwise payable of up to 25% for private recreational facilities
13 provided to the development by feepayer if the recreational facilities serve the same
14 purposes and functions as set forth for regional recreation areas in the St. Lucie
15 County Comprehensive Plan.
16
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18 Section 1-15-37. Payment of Fee.
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20 A. The feepayer shall pay the fee in cash to the county administrator at any time prior
21 to the issuance of a building permit or electrical permit for a recreational vehicle
22 park or mobile home park.
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24 B. In lieu of all or part of the parks impact fee, the board of county commissioners may
25 accept the offer by a developer to construct, dedicate or acquire property for part
26 of a parks facility that is consistent with the County's Comprehensive Plan or the
27 adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village.
28
29 In addition, the construction or dedication of park facilities or acquisition of property
30 for parks purposes must only be for purposes as set out in Section 1-15-43. The
31 developer shall submit a cost estimate certified by a registered Florida professional
32 engineer, architect or landscape architect acceptable to the board of county
33 commissioners or their designee. The board of county commissioners shall credit
34 the cost of the construction of any parks improvement against the parks impact fee
35 otherwise due. The portion of the fee represented by the parks construction or
36 property dedication shall be deemed paid when the construction or dedication is
37 completed and accepted by the county, state or appropriate municipality for
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*R BOOK 1301 PAGE 1201
maintenance or when adequate security for the completion of the construction has
been provided.
In the event the developer proposes to dedicate or acquire unimproved property,
the provisions of Section 1-15-38(E)(3) shall apply. The portion of the fee
represented by the property dedications or acquisitions shall be deemed paid only
when the dedicated or acquired property is officially accepted by the county or other
appropriate governmental entity.
If parks 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 1-15-38. Credits.
A. Scope.
Any person who shall commence any parks impact generating land development
activity may apply for a credit against the required parks impact fee for any
contribution, construction, or dedication of land made by such person or a
predecessor in interest and accepted and received by St. Lucie County, the
appropriate local municipality, state or federal agency for parks facilities that are
creditable pursuant to this section. Consistent with the standards of this section, an
application may be made for credit for any contribution, construction or dedication
made in St. Lucie County as required by a development order issued by St. Lucie
County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village
pursuant to its local development regulations or section 380.06, Florida Statutes,
or any additional development condition imposed by the Florida Land and Water
Adjudicatory Commission on a development of regional impact to the extent the
contribution, payment, construction or dedication meets the same needs as the
parks impact fee.
B. General.
Any person desiring a parks impact fee credit, who proposes to make any
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1 contribution, construction or dedication of a parks facility that is consistent with the
2 County's Comprehensive Plan or the adopted comprehensive plan of Ft. Pierce,
3 Port St. Lucie or St. Lucie Village, shall first obtain from the board of county
4 commissioners an approval that the proposed contribution, construction or
5 dedication is considered to be eligible for a parks impact fee credit. Upon the
6 determination by the board that the proposed contribution, construction or
7 dedication is eligible for a parks impact fee credit, the final amount of the credit shall
8 be determined upon the submission of a request for parks impact fee credit and the
9 entering into of a formal parks impact fee credit agreement.
10
11 C. Relationship of Parks Impact Fee to Development of Regional Impact.
12
13 Pursuant to Section 380.06(16), Florida Statutes, the value of parkland and/or other
14 park capital improvements required pursuant to a County or City approved
15 Development Order, except those deemed site -related, shall be credited againstthe
16 Parks Impact Fee.
17
18 D. General standards for issuing parks impact fee credit.
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20 Prior to the issuance of any credits against the parks impact fee, the person who
21 made the contribution, payment, construction or dedication of recreation facilities
22 shall enter into an Impact Fee Credit Agreement with the Board of County
23 Commissioners. The following provisions are the general rules for the award of
24 credit, supplemented and provided in this section:
25
26 1. Credit for contributions, payments, construction or dedications of the parks
27 impact fee shall not be transferrable as a credit against other impact fees
28 imposed for purposes other than parks.
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30 2. If allowed by the Credit Agreement, credits may be assigned to successors
31 in interest provided the County receives a copy of the written agreement
32 signed by both the assignor and the assignee that has been recorded in the
33 Public Records of St. Lucie County, Florida.
34
35 3. No credit shall exceed the amount due for the parks impact fee.
36
37 4. No credit shall be given for dedications and park improvements dedicated or
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constructed before January 1, 1996.
E. Specific standards.
•
Credits against parks impactfees otherwise payable shall be allowed only underthe
following conditions.
1. County need.
The contribution, payment, construction or dedication shall meet a parks
capital need identified in the County's Comprehensive Plan or in the adopted
comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. No
credit shall be given for capital improvements that do not meet a parks
capital need identified in County's Comprehensive Plan or in the adopted
comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village.
2. Site -related parks improvement.
No credit shall be given for any site -related parks improvements or site -
related parks dedications, unless it can be shown to the satisfaction of the
county administrator through appropriate technical documentation that the
site related improvement or property dedication provides for parks
enhancements in excess of the impacts of the proposed development. Site -
related parks improvements, include, but are not limited to:
a. any facility development on the property defined in a final
development order that is not considered to be a beach access area,
special recreation area or regional recreation area as defined in this
article.
3. Park property dedication.
Credit for the dedication of nonsite-related park property 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
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OR BOOK 1301 PAGE 1204
dedication of park property shall be provided when the property has been
conveyed at no charge to, and accepted by, St. Lucie County, Ft. Pierce,
Port St. Lucie or St. Lucie Village, in a manner satisfactory to the board of
county commissioners or the appropriate local municipality.
If the feepayer shall opt not to have the property 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 1-15-39 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 1-15-40 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
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 property for any planned nonexisting
parks or expansion of existing impact fee eligible parks as described in this
Section 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 property until the
property owner, or his assigns, seeks a final development order approval for
the remainder of the property from which the dedicated property was
provided. All property dedication credits shall be determined at the time
contracts are let for the construction/expansion of the eligible park or at the
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1
time a Final Development Order approval is granted, whichever occurs first.
2
No property dedication credit request may include the consideration of any
3
enhancement to the value of property being dedicated as a result of the new
4
or expanded park construction. No property dedication credit request may
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include the consideration of any enhancement to the value of the property
6
being dedicated as result of the overall project development.
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4. Application procedure.
9
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Applicants for credit for construction of nonsite related parks improvements
11
shall submit documentation of the actual engineering and construction costs
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to the county administrator or his designee. The county administrator or his
13
designee shall determine credit for parks construction based upon these
14
costs or upon alternative engineering and construction cost estimates if the
15
county administrator or his designee determines that such costs submitted
16
are excessive or incomplete.
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5. Acquisition by purchase or condemnation.
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In the event a developer is required as a condition of a final development
21
orderto acquire off -site park property adjacent to any impact fee eligible park
22
as described in Section 1-15-38(E)(3), the developer shall first obtain an
23
Independent Property Appraisal as described in section 1-15-39 and provide
24
the county administrator with a copy of the appraisal. The county
25
administrator may obtain a review appraisal as described in Section 1-15-40.
26
27
Except as provided below, credits for park property acquisition shall be
28
based on the Independent Property Appraisal, the Review Appraisal, or the
29
purchase price, if lower, as determined by the county administrator. In the
30
event the developer is unable to acquire the park property for appraised
31
value or lower, the Board may:
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a. grant additional credits above the appraised value if it determines that
34
the cost of acquisition is less than the cost of condemnation or that
35
condemnation is not practical or desired; or,
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b. authorize the condemnation of the parcels; or,
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C. deny the request for additional credits.
F. Time of Claim: Waiver.
Any claim for credit must be made no later than the time of application for a building
permit or an electrical permit. Any claim not so made shall be deemed waived.
Section 1-15-39. Independent Property Appraisal
A. If the feepayer shall opt not to have the value of any property dedication determined
as set out in section 1-15-38(E)(3), 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:
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 properly.
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.
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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
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.
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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:
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
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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.
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
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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.
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 1-15-40. 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
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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
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
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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.
The reviewing appraiser will initial and date his corrections and/or factual
data supplements to an appraisal report.
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
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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 1-15-41 Parks Impact Fee Districts Created
There are hereby established two (2) Parks Impact Fee Districts as shown in Figure I, and
generally described as follows:
Park District A:
All of St. Lucie County, less the following:
Begin at the center of the intersection of South 25th Street and West Midway
Road (POB); thence easterly to the center of the North Fork of the St. Lucie
River; thence southerly along the centerline of the North Fork of the St. Lucie
River to the point of intersection with the centerline of the Florida Power and
Light Power lines originating at the St. Lucie Power Plant; easterly along said
power lines to the west bank of the Indian River: thence southeasterly along
the west bank of the Indian River to the Martin/St. Lucie County Line; thence
westerly along the Martin/St. Lucie County Line to a point of intersection with
1-95 and the southwest corner of the City of Port St. Lucie; thence northerly
along the west city limit line of the City of Port St. Lucie to the center of the
intersection of West Midway Road and Glades Cut -Off Road; thence easterly
along the centerline of West Midway Road to the POB.
Park District B:
Begin at the center of the intersection of South 25th Street and West Midway
Road (POB); thence easterly to the center of the North Fork of the St. Lucie
River; thence southerly along the centerline of the North Fork of the St. Lucie
River to the point of intersection with the centerline of the Florida Power and
Light Power lines originating at the St. Lucie Power Plant; easterly along said
power lines to the west bank of the Indian River: thence southeasterly along
the west bank of the Indian River to the Martin/St. Lucie County Line; thence
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100R BOOK s %!.. PAGGE 1215-1 is
westerly along the Martin/St. Lucie County Line to a point of intersection with 1-95
and the southwest corner of the City of Port St. Lucie; thence northerly along the
west city limit line of the City of Port St. Lucie to the center of the intersection of
West Midway Road and Glades Cut -Off Road; thence easterly along the centerline
of West Midway Road to the POB.
Section 1-15-42. Parks Impact Fee Trust Funds Established.
A. There is hereby established a separate Parks Impact Fee Trust Fund, for the parks
impact fee districts established by Section 1-15-41 of this ordinance.
B. Funds withdrawn from these accounts must be used in accordance with Section 1-
15-43 of this ordinance.
Section 1-15-43. Use of Funds.
A. The collecting governmental unit shall be entitled to up to but not more than four
percent (4%) -43% of the funds collected to compensate them for the administrative
expense of collecting and administering the parks impact fee ordinance. All
remaining funds collected from parks impact fees shall be used solely for the
purpose of capital improvements to beach access areas, special recreation areas
and regional recreation areas under the jurisdiction of St. Lucie County, orwith prior
approval of the County Commission those beach access, regional recreation and
special recreation areas under the jurisdiction of the City of Ft. Pierce, Port St.
Lucie, St. Lucie Village or the State of Florida and not for maintenance or
operations. Land acquisition and improvements shall be of the type made
necessary by the County's growth and development.
B. Except for the up to four (4%) throc (3%) percent retainage authorized above,
funds shall be used exclusively for capital improvements within the parks impact fee
district from which funds were collected or for projects in other districts which are of
direct benefit to the district from which the funds were collected.
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C. Each January the County Administrator shall present to the Board of County
Commissioners a proposed capital improvement program for parks, assigning
funds, including any accrued interest, from the Parks Impact Fee Trust Fund to
specific park improvements projects and related expenses. Monies, including any
accrued interest, not assigned in any fiscal period shall be retained in the same
Parks Impact Fee Trust Fund until the next fiscal period except as provided by the
refund provisions of this ordinance. Funds shall be deemed expended in the order
received.
D. The Board of County Commissioners of St. Lucie County may enter into interlocal
agreements with the governing bodies of the municipalities in St. Lucie County to
ensure proper use of the funds collected pursuant to this ordinance.
Section 1-15-44. Refund of Fees Paid.
A. If a building permit or an electrical permit for a mobile home park or recreational
vehicle park expires and no construction has been commenced, then the feepayer,
his heirs, successors or assigns, shall be entitled to a refund of the impact fee paid
as a condition for its issuance except that the county shall retain three percent (3%)
of the funds as an administrative fee to offset the costs of refunding.
B. Any funds not expended or encumbered by the end of the fiscal year immediately
following (10) years from the date the parks impact fee payment was received shall,
upon application of the current owner within one hundred eighty (180) days of the
expiration of the ten (10) year period, be returned to the current owner with interest
at the rate of six percent (6%) per annum.
Section 1-15-45. Exemptions.
A. The following shall be exempted wholly or in part from payment of the parks impact
fee:
1. Alteration or expansion of an existing building where no additional units are
created, the use is not changed, and where no additional need for parks will
be produced over and above that produced by the existing use.
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"OR BOOK 1.301 PAGE 1.217
1 2. The construction of accessory buildings or structures which will not produce
2 additional need for parks over and above that produced by the principal
3 building or use of the land.
4
5 3. The replacement of a destroyed or partially destroyed building or structure
6 in existence on or after January 1, 1996, with a new building or structure of
7 the same or a different use provided that no additional need for parks will be
s produces over and above those produced by the original use of the land.
9
10 4. Any claim of exemption must be made no later than the time of application
11 for a building permit or electrical permit for a mobile home. Any claim not so
12 made shall be deemed waived.
13
14
15 Section 1-15-46. Appeals
16
17 A. Any decision made by the county administrator in the course of administering the
18 provisions of this chapter may be appealed to the board of county commissioners
19 by filing a petition of appeal within thirty (30) calendar days of the date of the
20 rendition of the decision.
21
22 B. The board of county commissioners shall review the petition at a public meeting
23 within thirty (30) calendar days from the date of appeal of said decision. The
24 petitioner shall be provided reasonable notice of the time, date, and place of the
25 public meeting by certified mail, return receipt requested, and invited to attend.
26 Testimony at the public meeting shall be limited to ten (10) minutes per side, unless
27 an extension of time is granted by the board. The board's decision shall be final for
28 the purpose of administrative appeals.
29
30 The board of county commissioners shall revoke the decision of the county
31 administrator only if there is competent, substantial evidence in the record that the
32 decision fails to comply with this Article.
33
34
35 Section 1-15-47. Review and Automatic Adjustment of Fees.
36
37 A. The parks impact fee shall be adjusted by the county administrator in April of each
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1 calendar year. Unless otherwise directed by the county commission, any
2 adjustments to the parks impact fee, made pursuant to this section, shall be
3 effective the first Monday in October of each calendar year. All adjustments to the
4 parks impact fee shall be based on the methodology described in paragraph (B) of
5 this section.
6
7 B. The base for computing any adjustment is the January Consumer Price Index - All
a Urban Consumersforthe United States, published bythe United States Department
9 of Labor, Bureau of Labor Statistics. For the purpose of this Section the initial index
10 to be referenced is January 1996. The Parks Impact Fee shall be adjusted by the
11 percentage change in the index.
12
13 C. If the index is changed so that the base year is different, the index shall be
14 converted in accordance with the conversion factor published by the United States
15 Department of Labor, Bureau of Labor Statistics. If the index is discontinued or
16 revised, such other government index or computation with which it is replaced shall
17 be used in order to obtain substantially the same result as would be obtained if the
18 index had not been discontinued or revised.
19
20 D. The board of county commissioners shall review the parks impact fee at least once
21 every five (5) years from the effective date of this ordinance (January 1, 1996).
22
23
24
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26 PART B. CONFLICTING PROVISIONS.
27
28 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
29 County, County ordinances and County resolutions, or parts thereof, in conflict with this
30 ordinance are hereby superseded by this ordinance to the extent of such conflict.
31
32
33 PART C. SEVERABILITY.
34
35 If any portion of this ordinance is for any reason held or declared to be unconstitutional,
36 inoperative, or void, such holding shall not affect the remaining portions of this ordinance.
37 If this ordinance or any provision thereof shall be held to be inapplicable to any person,
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OR BOOK 1 -01 PPIGE *1219
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.
PART F. EFFECTIVE DATE.
The Amendments to Section 1-15-31, Short Title, Authority, and Applicability; Section 1-
15-37, Payment of Fee and Section 1-15-38, Credits; shall become effective upon the filing
with the Department of State.
The Amendment to Section 1-15-35, Computation of the Amount of Parks Impact Fee, and
Section 1-15-43(A), Use of Funds, shall become effective October 1, 2000.
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
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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.
PASSED AND DULY ENACTED this 9th day of May, 2000.
ATTEST:
O R00-05fn I ( I M PACT2000)
DJM
�a.
r,
BOARD OF COUNTY COMMISSIONERS `
ST. LUCIE COUNTY, FLORIDA
BY:
NAIRMAN
APPROVED AS TO FORM AND
CORR-WTNESS: 44
A
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