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1 ORDINANCE NO. 00-009
2
3 AN ORDINANCE AMENDING, ARTICLE I CHAPTER 1-19, PUBLIC
4 BUILDINGS IMPACT FEE, OF THE ST. LUCIE COUNTY CODE AND
5 COMPILED LAWS BY AMENDING SECTION 1-19-01, SHORT TITLE,
6 AUTHORITY, AND APPLICABILITY, TO PROVIDE FOR ADDITIONAL
7 FINDS OF FACT; BY AMENDING SECTION 1-19-04, DEFINITIONS BY
8 AMENDING THE DEFINITION OF A CAPITAL IMPROVEMENT; BY
9 AMENDING SECTION 1-19-06, COMPUTATION OF THE AMOUNT OF
10 PUBLIC BUILDINGS IMPACT FEE TO PROVIDE FORA CLARIFICATION
11 OF THE CURRENT IMPACT FEES BEING ASSESSED PURSUANT TO
12 THE MOST RECENT CPI ADJUSTMENT; BY AMENDING SECTIONS 1-
13 19-07, PAYMENT OF FEE AND 1-19-08, CREDITS, TO PROVIDE FOR
14 MINOR EDITORIAL CHANGES FOR CLARIFICATION PURPOSES; BY
15 AMENDING SECTION 1-19-13 TO PROVIDE FORA4%ADMINISTRATIVE
16 FEE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
17 SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR
18 FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN
19 EFFECTIVE DATE; PROVIDING FORADOPTION AND PROVIDING FOR
20 CODIFICATION.
21
22 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
23 the following determinations:
24
25 1. On September 19, 1995, the Board of County Commissioners of St. Lucie County,
26 Florida, adopted Ordinance 95-041 imposing a Public Buildings Impact Fee in St.
27 Lucie County.
28
29 2. On February 17, 2000, the Local Planning Agency/St. Lucie County Planning and
30 Zoning Commission held a public hearing on the proposed ordinance after
31 publishing two notices in The Port St. Lucie News and The Tribune at least ten (10)
32 days prior to the hearing and determined that the proposed ordinance was
33 consistent with the St. Lucie County Comprehensive Plan.
34
35 3. On April 20, 2000, this Board held its first public hearing on the proposed ordinance,
36 after publishing a notice of such hearing in The Tribune and the Port St. Lucie News
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Public Buildings Impact Fee - Final
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on April 10, 2000.
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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 1-19, Public Buildings 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 I "PUBLIC BUILDINGS IMPACT FEE" OF CHAPTER 1-19 OF
THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS
AMENDED AS FOLLOWS:
ARTICLE I
PUBLIC BUILDINGS IMPACT FEE
Section 1-19-01. Short Title, Authority, and Applicability.
A. This ordinance shall be known and may be cited as the "Public Buildings Impact
Fee Ordinance".
B. The Board of County Commissioners of St. Lucie County has the authority to adopt
this ordinance pursuant to Article VI [I of the Constitution of the State of Florida and
to Chapter 125 and Sections 163.3201 and 163.3202(3) Florida Statutes.
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0 R B 0 10 K 13 0 1 PA.' G E 12 2
C. Pursuant to Section 125.01(1)(c), Florida Statutes, St. Lucie County has the power
to provide and maintain county buildings including but not limited to a county jail and
county courthouses. Pursuant to Section 43.28, Florida Statutes, counties are
required to provide courtrooms necessary to operate the circuit and county courts.
St. Lucie County is the sole provider of jails and courthouses in St. Lucie County.
D. St. Lucie County must collect public buildings impact fees within the incorporated
and unincorporated areas of St. Lucie County to provide County buildings that
adequately serve the needs of all St. Lucie County residents, including residents of
the cities. Development within the cities impacts the capital public building needs
of the County.
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 1-19-02. 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 public buildings and services in St. Lucie County.
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 1-19-03. 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.
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Public Buildings Impact Fee - Final PRINT DATE: 05/09/00
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
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" indicates that the 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
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Public Buildings Impact Fee - Final PRINT DATE: 05/09/00
r
kind or character.
8 "County Administrator" means the County Administrator or whoever he/she
may designate to carry out the administration of this ordinance.
9 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 1-19-04. Definitions.
A. A "capital improvement" includes, but is not limited to, site planning, land
acquisition, site improvements, buildings, motor vehicles, personal equipment and
communications facilities with a useful life of two or more years, but excludes
maintenance and operation.
B. 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
1-19-06 of this ordinance.
C. A "public building" includes all buildings, physical plant and accessory facilities
owned or leased by the board of county commissioners in support of county
government functions, excluding libraries, parks and schools.
Section 1-19-05. Imposition of Public Buildings 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 land use types specified
in Section 1-19-06 of this Ordinance or an electrical permit for a mobile home park
or recreational vehicle park shall be required to pay a public buildings 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.
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Public Buildings Impact Fee - Final PRINT DATE: 05/09/00
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kBOOK 1301 !RAMS 1226 0
B. No building permit for any land use types specified in Section 1-19-06 of this
ordinance nor electrical permit for a mobile home park or recreational vehicle park
shall be issued unless and until the public buildings impact fee hereby required has
been paid as provided in Section 1-19-07 of this Ordinance.
Section 1-19-06. Computation of the Amount of Public Buildings Impact
Fee.
A. At the option of the feepayer, the amount of the fee may be determined by the
following fee schedule. The fccs shown on the schcdulc rcfloct a zcro (0) per ccnt
discount.
PUBLIC BUILDINGS 1MPAXT TEE
COUNTYNVIDE ASSESSMENT
LVIO UE1' Tvrc
RESIDENTIAL
EINCLE FAMILY
MOBILE HOME/P.V �nrnavr,tiae�
MULTI FAMILY (All typca)
I IOTEUMOTEL
BED & BREAKFAST RESIDENCE
ALL OTHER RESIDENTIAL
OFFICE & FINANCIAL
MEDICAL OFFICE
FINANCIAL OFFICE
OTHER OFFICE <25,000 FT*
OTHER OFFICE 25 50,000 FTe
W:IT OF MI"AgURE
FW66
APIPIWA6
IMRNCT FrE
RNTz OF
jAP'. 1.
dnw-
anrr=
1146Ff�Af3E
490&
4Q11W
4Q-38
PER UNIT
429
4a
-43
36
429
PAR UPJIT
3¢
-28
38
-56
-84
PER UNIT
4-1-5
-38
38
-7-7
445
rER ROOM
-84
-84
3$
36
-84
rER ROOM
-84
-84
38
36
-84
PER UNIT
-4-29
43
43
36
-429
PER 1000 FT*
489
39
-69
429
489
PER 1000 FT*
444
437-
434-
274
444
PER 1000 FT*
443
-38
38
46
443
PER 1000 FTC
49*
36
36
-74
497�
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
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Page 6
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QR BOOK 1301 PAGE 1227
I. AHD USC l'Yf%C
OTHER OFFICE >50,000 FTC
RETAIL TRADE
UNDER 50,000 FTe
50,000 400,000 FT'
500,000 �*O,OM FTe
1 1,000,000 FT*
GASOLINE SERVICES
SERVICE STATION
INDUSTRIAL
WAREHOUSE
TRUCK TERMINAL
CENERAL INDUSTRIAL
INSTITUTIONAL
SCHOOL ELEM.
SCHOOL MIDDLE/RICH
DAY CARE CENTER
FRATERNAL ORCANIZATION
HOSPITAL
NURSINC HOME
RECREATIONAL
PARK (CITY/COUNTY/STATE)
PUBLIC BL;ILDINGS IMPACT FEE
COLATYWIDE ASSESSMENT
IJUIT Of AtG'.S1 IC F666 APPWA6
fWTE-OFJJAPI. ;. I dAiJi I dAFH'F
?09i i997 49e9
PER 1000 FTC 494 34 34 -67- 494
PER 1000 FTE
498
-%
-66
432
498
PER 1000 Fr
299
-&f
-6:7-
4S3
296
PER 1000 FTC
489
39
39
4-29
489
MR 1000 Fr
47-3
-58
38
445
47a
PER rump STAT
-62
-2-i
-
42
-6z2
PER 1000 Fr
-8
-8
46
33
f''•ER 1000 FTC
39
-+9
49
39
39
PER 1000 Fr
38
-43
4a
36
38
PER 1000 FTC
-85
38
38
36
35
PER 1000 FTC'
-96
33
39
-64
-%
PER 1000 f1*
246
-74
-7-2
444
246
PER 1000 Fr
--2
-9
-2
-
-3
PER-BEB
-53
-14
-44
34
3LA
PER
49
-6
$
-1i
49
PER 1000 FTL'
449
-%
-%
-99
449
PER ACRE
49
3
3
-6
49
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
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Public Buildings Impact Fee - Final PRINT DATE: 05/09/00
62 eoac 1301 PAGE 1228
PUBLIC BUILDING'S IMPACT FEE
COUNTYWIDE ASSESSNIF.N7'
UNITOF MONEU'RC F1466
LAND USE TYPE �
""' "�
ANPIWA6
., _.ram GF
dPEPL• 1- jAN 1.
jA!1 4.
1
P.ECREATION FACILITY ALLTIMI PER f KC SPACE 27-
-9
19 48
_2__�
2
GOLF COURSE PER HOLE 4*
-6
-6 -42
47:
3
4NGTE!
The fec aohodulc shown in thin Table
i3 aubjoot to rcA3ion baaod I
upon the providono of Section 1
19 17 of thio Article.
5
6
7
8
9
PUBLIC BUILDINGS IMPACT
FEE
10
COt;N'I'Y%�:IDE :1SSE:SSNIEN'I'
11
1
I LAND USE: TYPE I UNIT OF: MEASURE.; I
IMPACTF'EE
14
fee as of
fee as of
10/01100
10/01/01•
r,
b
RESIDENTIAL
17
SINGLE FAMILY PER UNIT
$220
308
18
MOBILE HOME/RV (MHPIRVPa*0nN) PER UNIT
143
$201
19
MULTI -FAMILY (All types) PER UNIT
$195
$274
20
HOTEUMOTEL PER ROOM
$141
$198
BED & BREAKFAST RESIDENCE
141
198
IOOESNOT IN0.VOETHE PRIMARY RESIDENCE SMOLE FAMRY UNIT FEE MUST PER ROOM
24
ALL OTHER RESIDENTIAL PER UNIT
219
$308
25
26
OFFICE & FINANCIAL
27
MEDICAL OFFICE PER 1000 FT2
$371
$552
28
OTHER OFFICE PER 1000 FT2
$229
345
RETAIL TRADE
— — — — — — — — — — — — — — — — — — — — — —
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Page 8
Public Buildings Impact Fee - Final
PRINT DATE:
05/09/00
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*LR BOOK 1301 PAGE 1229 •
PUBLIC; BUILDINGS I.NIPACT TEE
COunTYWIDE ASSESSMENT
ILAND USE TYPE I UNIT OF MEASURE I IMPACT FEE
fee as of fee as of
110MV00 fO/Of/of'
UNDER 100.000 FT'
PER 1000 FTZ
S293
S388
100,000 - 399,000 FTZ
PER 1000 FT2
S323
S446
400,000 FTZ and over
PER 1000 FT:-'
S257
$325
GASOLINE SERVICES
SERVICE STATION
PER PUMP STAT
$56
56
INDUSTRIAL
WAREHOUSE
PER 1000 FTZ
36
49
TRUCK TERMINAL
PER 1000 FT2
$69
99
GENERAL INDUSTRIAL
PER 1000 FTZ
58
$79
INSTITUTIONAL
SCHOOL - ELEM.
PER 1000 FTZ
264
442
SCHOOL - MIDDLE/HIGH
PER 1000 FT
$1,024
$1,952
DAY CARE CENTER
PER 1000 FT
tZ27
238
FRATERNAL ORGANIZATION
PER 1000 FT
$1
$11
HOSPITAL
PER BED
210
368
NURSING HOME
PER BED
209
$398
LIBRARY
PER 1000 FTZ
353
556
RECREATIONAL
PARK (CITY/COUNTY/STATE)
PER ACRE
33
$56
RECREATION FACILITY - ALLTVPEs
PER PKG SPACE
49
$70
GOLF COURSE
PER HOLE
81
144
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Public Buildings Impact Fee - Final PRINT DATE: 05/09/00
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*OR 600K 1301 POGE 7230 0
PUBLIC BUILDINGS IMPACT FEE
COUNTYWIDE ASSESSMENT
LAND USE TYPE I UNITOF MEASURE I IMPACTWE
fee as of fee as
I I 10/01/00 I 10f01101f
NOTE: II The fee schedule shown in this Table is subject to annual revision
based upon the provisions of Section 1-19-17 of this Article.
If the type of development activity for which a building permit, electrical permit for
a mobile home park or recreational vehicle park is applied for is not specified on the
above fee schedule, the County Administrator shall use the fee applicable to the
most nearly comparable type of land use on the above fee schedule.
B. The person applying forthe issuance of a building permit or and electrical permit for
a mobile home park or recreational vehicle park may, at his option, submit evidence
to the County Administrator indicating that the fees set out to paragraph A above
are not appropriate for his particular development. Based upon convincing and
competent evidence, the County Administrator may adjust the fee to that
appropriate for the particular development.
Section 1-19-07. Payment of Fee.
A. The feepayer shall pay the fee 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 public buildings impact fee, the board of county
commissioners may accept the offer by a developer to construct, dedicate or
acquire property or equipment for the purpose of meeting a capital public building
needs of the County that is consistent with the County's Comprehensive Plan or the
adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village.
In the event the developer proposes to dedicate or acquire unimproved property or
equipment, the provisions of Section 1-19-08(E)(3) shall apply. The portion of the
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Public Buildings Impact Fee - Final
Page 10
PRINT DATE: 05/09/00
1 fee represented by the property dedications or acquisitions shall be deemed paid
2 only when the dedicated or acquired property is officially accepted by the county or
3 other appropriate governmental entity.
4
5 If public buildings impact fees are owed, no development permits of any type may
6 be issued forthe building or structure in question while the fee remains unpaid. The
7 county administrator may authorize the initiation of any action as permitted by law
8 or equity to collect the unpaid fees.
9
10
11 Section 1-19-08. Credits.
12
13 A. Scope.
14
15 Any person who shall commence any public buildings impact generating land
16 development activity may apply for a credit against the required public buildings
17 impact fee for any contribution, construction, or dedication of land or equipment
18 made by such person or a predecessor in interest and is accepted and received by
19 St. Lucie County for public buildings facilities or equipment that are creditable
20 pursuant to this section. Consistent with the standards of this section, an
21 application may be made for credit for any contribution, construction or dedication
22 made in St. Lucie County as required by a development order issued by St. Lucie
23 County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village
24 pursuant to its local development regulations or section 380.06, Florida Statutes,
25 or any additional development condition imposed by the Florida Land and Water
26 Adjudicatory Commission on a development of regional impact to the extent the
27 contribution, payment, construction or dedication meets the same needs as the
28 public buildings impact fee.
29
30 B. General.
31
32 Any person desiring a public buildings impact fee credit, who proposes to make any
33 contribution, construction or dedication of a public building/facility or equipment that
34 is consistent with the County's Comprehensive Plan, shall first obtain from the board
35 of county commissioners an approval that the proposed contribution, construction
36 or dedication is considered to be eligible for a public buildings impact fee credit.
37 Upon the determination by the board that the proposed contribution, construction
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Public Buildings Impact Fee - Final PRINT DATE: 05/09/00
* OR BOOK 1301 PAGE": 1232 0
1 or dedication is eligible for a public buildings impact fee credit, the final amount of
2 the credit shall be determined upon the submission of a request for public buildings
3 impact free credit and the entering into of a formal public buildings impact fee credit
4 agreement.
5
6 C. Relationship of public buildings impact fee to developments of regional impact.
7
8 Pursuant to Section 380.06(16), Florida Statutes, the value of public buildings
9 facilities and/or other public buildings capital improvements required pursuant to a
10 County or City approved Development Order, except those deemed site -related,
11 shall be credited against the public buildings impact fee.
12
13 D. General standards for issuing public buildings impact fee credit.
14
15 Prior to the issuance of any credits against the public buildings impact fee, the
16 person who made the contribution, payment, construction or dedication of public
17 buildings facilities or equipment shall enter into an Impact Fee Credit Agreement
18 with the Board of County Commissioners. The following provisions are the general
19 rules for the award of credit, supplemented and provided in this section:
20
21 1. Credit for contributions, payments, construction or dedications of the public
22 buildings impact fee shall not be transferrable as a credit against other
23 impact fees imposed for purposes other than public buildings.
24
25 2. If allowed by the Credit Agreement, credits may be assigned to successors
26 in interest provided the County receives a copy of the written agreement
27 signed by both the assignor and the assignee that has been recorded in the
28 Public Records of St. Lucie County, Florida.
29
30 3. No credit shall exceed the amount due for the public buildings impact fee.
31
32 4. No credit shall be given for public buildings facilities and equipment
33 dedicated or constructed before January 1, 1996.
34
35 E. Specific standards.
36
37 Credits against public buildings impactfees otherwise payable shall be allowed only
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'Re BOOK 1301 PAGE 1233 0
1
under the following conditions.
2
3
1. County need.
4
5
The contribution, payment, construction or dedication shall meet a public
6
buildings capital need identified in the County's Comprehensive Plan or in
7
the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie
8
Village. No credit shall be given for capital improvements that do not meet
9
a public buildings capital need identified in County's Comprehensive Plan or
10
in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie
11
Village.
12
13
2. Site -related public buildings improvement.
14
15
No credit shall be given for any site -related public buildings improvements
16
or site -related public buildings dedications, unless it can be shown to the
17
satisfaction of the county administrator through appropriate technical
18
documentation that the site related improvement or property dedication
19
provides for public building enhancements in excess of the impacts of the
20
proposed development.
21
22
3. Public buildings property dedication.
23
24
Credit for the dedication of nonsite-related property for public buildings
25
purposes shall be valued at one hundred twenty (120) per cent of the most
26
recent assessed value by the county property appraiser plus the reasonable
27
cost, as determined by the county administrator, of any survey, closing costs
28
or title information provided by the feepayer to the county at the request of
29
the county. Credit for the dedication of property shall be provided when the
30
property has been conveyed at no charge to, and accepted by, St. Lucie
31
County in a manner satisfactory to the board of county commissioners.
32
33
If the feepayer shall opt not to have the property dedication credit determined
34
as set out above, then the amount of credit shall be determined by the board
35
of county commissioners based on an Independent Property Appraisal, as
36
described in section 1-19-09 of this article, prepared by an individual both a
37
member of the Appraisal Institute (MAI) and a state certified general
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�UR BOOK 3 391 PAGE 1.234
1 appraiser acceptable to the board of county commissioners, that is paid for
2 by the feepayer. At the option of the board, the board may request a review
3 appraisal, as described in section 1-19-10 of this article provided that in the
4 event the value established by the independent appraisal exceeds one
5 hundred twenty (120) per cent of the assessed value by more than twenty-
6 five (25) per cent, the board shall request a review appraisal.
7
s
In the event the board determines to request a review appraisal and the
9
determination of the value is the same or greater than value determined by
10
the independent appraiser, then the County shall bear the cost of the review
11
appraisal. If the determination of the value by the review appraiser is less
12
than the value determined by the independent appraiser, then the feepayer
13
shall pay for the cost of the review appraisal. Any independent or review
14
appraisal submitted pursuant to this subsection shall be subject to review of
15
methodology and technical accuracy at the discretion of the county
16
administrator.
17
18
In the event a property owner determines to donate, and the county
19
determines to accept, nonsite related property for any planned nonexisting
20
public buildings facility or expansion of an existing impact fee eligible public
21
building or facility to the county in advance of any application for final
22
development order approval, the board of county commissioners shall
23
reserve the determination of value of the credit for the dedicated property
24
until the property owner, or his assigns, seeks a final development order
25
approval forthe remainderof the propertyfrom which the dedicated property
26
was provided. All property dedication credits shall be determined at the time
27
contracts are let for the construction/expansion of the eligible facility or at the
28
time a Final Development Order approval is granted, whichever occurs first.
29
No property dedication credit request may include the consideration of any
30
enhancement to the value of property being dedicated as a result of the new
31
or expanded public building construction. No property dedication credit
32
request may include the consideration of any enhancement to the value of
33
the property being dedicated as result of the overall project development.
34
35
4. Application procedure.
36
37
Applicants for credit for construction of nonsite related public buildings or
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OR BOOK 1301 PAGE 12-35
facilities 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 public buildings
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.
5. Acquisition by purchase or condemnation.
In the event a developer is required as a condition of a final development
order to acquire off -site public buildings property, the developer shall first
obtain an Independent Property Appraisal as described in section 1-18-19
and provide the county administrator with a copy of the appraisal. The
county administrator may obtain a review appraisal as described in Section
1-19-20.
Except as provided below, credits for public buildings property 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 public buildings property 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.
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.
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Section 1-19-09. Independent Property Appraisal
A. If the feepayer shall opt not to have the value of any property dedication determined
as set out in section 1-19-08(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 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
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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.
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.
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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
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
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U? lic i-r'(i1. i-qGE 1239
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
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.
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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 1-19-10. 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:
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* OR BOOK 1301. PAGE 1241
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
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.
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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.
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 greaterthan the value determined by the Independent Property Appraisal
(IAP) the county shall bear the cost of the review appraisal.
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_'ail=, BOOK 1301 PAGE 1243 0
Section 1-19-11. Public Buildings Impact Fee Districts Created
There is hereby established one (1) Public Buildings Impact Fee District, as shown in
Figure I, for all of St. Lucie County.
Section 1-19-12. Public Buildings Impact Fees Trust Funds Established
A. There is hereby established a Public Buildings Impact Fee Trust Fund, forthe public
buildings impact fees collected pursuant to this ordinance.
B. Funds withdrawn from this account must be used in accordance with Section 1-19-
13 of this ordinance.
Section 1-19-13. Use of Funds.
A. The collecting governmental unit shall be entitled to up to but not more than 3% four
percent (4%) of the funds collected to compensate them for the administrative
expense of collecting and administering the public buildings impact fee ordinance.
All remaining funds collected from public buildings impact fees shall be used solely
for the purpose of capital improvements to the County's public buildings 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. Each January the County Administrator shall present to the board of county
commissioners a proposed capital improvement program for public building and
facilities, assigning funds, including any accrued interest, from the public buildings
Impact Fee Trust Fund to specific Public Buildings improvements projects and
related expenses. Monies, including any accrued interest, not assigned in any fiscal
period shall be retained in the same Public Buildings 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.
C. 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.
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IGOR 000K 1301 PAGE 1� . 24
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Section 1-19-14. 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.
Section 1-19-14. 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 then (10) years from the date the public buildings impact fee payment 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 1-19-15. Exemptions.
A. The following shall be exempted wholly or in part from payment of the public
buildings impact fee:
1. Alteration or expansion of an existing building where no additional residential
dwelling units are created.
2. The construction of accessory buildings or structures which will not produce
additional need for public facilities over and above that produced by the
principal building or use of the land.
3. The replacement of a destroyed or partially destroyed building or structure
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OR BOOK 1301 PAGE 11-2-46
I in existence on or after January 1, 1996, with a new building or structure of
2 the same or a different use provided that no additional need for public
3 facilities will be produced over and above those produced by the original use
4 of the land.
5
6 4. Any claim of exemption must be made no later than the time of application
7 for a building permit or electrical permit for a mobile home. Any claim not so
s made shall be deemed waived.
9
10
11 Section 1-19-16. Appeals
12
13 A. Any decision made by the county administrator in the course of administering the
14 provisions of this chapter may be appealed to the board of county commissioners
15 by filing a petition of appeal within thirty (30) calendar days of the date of the
16 rendition of the decision.
17
18 B. The board of county commissioners shall review the petition at a public meeting
19 within thirty (30) calendar days from the date of appeal of said decision. The
20 petitioner shall be provided reasonable notice of the time, date, and place of the
21 public meeting by certified mail, return receipt requested, and invited to attend.
22 Testimony at the public meeting shall be limited to ten (10) minutes per side, unless
23 an extension of time is granted by the board. The board's decision shall be final for
24 the purpose of administrative appeals.
25
26 The board of county commissioners shall revoke the decision of the county
27 administrator only if there is competent, substantial evidence in the record that the
28 decision fails to comply with this Article.
29
30
31 Section 1-19-17. Review and Automatic Adjustment of Fees.
32
33 A. The public buildings impact fee shall be adjusted by the county administrator in April
34 of each calendar year. Unless otherwise directed by the county commission, any
35 adjustments to the public buildings impact fee, made pursuant to this section, shall
36 be effective the first Monday in October of each calendar year. All adjustments to
37 the public buildings impact fee shall be based on the methodology described in
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.301 PAGE 1247
paragraph (B) of this section.
B. The base for computing any adjustment is the January Consumer Price Index - All
Urban Consumers for the United States, published each year by the United States
Department of Labor, Bureau of Labor Statistics. For the purpose of this Section
the initial index to be referenced is January 1996. The Public Buildings Impact Fee
shall be adjusted by the percentage change in the index.
C. If the index is changed so that the base year is different, the index shall be
converted in accordance with the conversion factor published by the 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.
D. The board of county commissioners shall review the public buildings impact fee at
least once every five (5) years from the effective date of this ordinance (January 1,
1996).
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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.
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
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OR EEHi 7 K 1 y301 1PAGE 1248
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 1-19-01, Short Title, Authority, and Applicability; Section 1-
19-04, Definitions; Section 1.19-07, Payment of Fee and Section 1.19-08, Credits; shall
become effective upon the filing with the Department of State.
The Amendment to Section 1-19-13, Use of Funds, shall become effective on October 1,
2000.
The Amendment to Section 1-19-06, Computation of the Amount of Public Buildings
Impact Fee, shall become effective on October 1, 2000 and October 1, 2001, as provided
in Section 1-19-06.
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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Page 28
PRINT DATE: 05/09/00
OR BOOK 1301 PAGE 1249
1 Commissioner Cliff Barnes
2
3 Commissioner Doug Coward
4
5
6 PART H.
7
CODIFICATION.
•
AYE
AYE
8 Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
9 Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other
10 appropriate word, and the sections of this ordinance may be renumbered or relettered to
11 accomplish such intention; provided, however, that parts B through H shall not be codifed.
12
13
14 PASSED AND DULY ENACTED this 9th day of May, 2000.
15
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18 ATTEST:
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36 OR00-09fn1(IMPACT2000)
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BOARD OF COUNTY P i "04, Ck*iERi tom '
ST. LUCIE COUNTY; FLORI :
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APPROVED AS TO FORRI►ND
CORRECTNESS: _
UNTY AT70RNEY
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