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Home My WebLink About00-32i [ i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2,1 2! 2 23 2'14 2� 5 2'16 217 2'118 2'', 9 J0 31 C ORDINANCE NO. 00-032 AN ORDINANCE AMENDING ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES), OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS, BY AMENDING SECTION 1-17-32, REFUND OF FEES PAID. TO PROVIDE FOR A 4% ADMINISTRATIVE HANDLING FEE FOR ALL REFUNDS PAID; 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 November 12, 1985, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 85-10, imposing a road impact fee in St. Lucie County. 2. On November 13, 1989, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 89-66, amending the road impact fee schedule to reflect revisions to the cost of road construction and right-of-way acquisition. 3. On February 16, 1993, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 93-002, amending the County's Impact Fee Regulations, but not altering the Impact Fee schedules. 4. On June 27,1995, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 95-012, amending the County's Impact Fee Regulations, including the impact fee assessment tables but directing that the impact fee rate revisions not become effective until October 1, 1995. 5. On June 27, 1995, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 95-038, amending the County's Impact Fee Regulations approved under Ordinance 95-012, by amending the effective date of the new Road Impact Fee rates so as to provide for a three (3) year phase -in period for these new Underline is for addition Ctrihc Through is for deletion V Ordinance 00-032fnl Road Impact Fee Page 1 PRINT DATE: 09/19/00 1 rates beginning January 1, 1996 and carrying through to January 1, 1998. 2 3 6. On September 23, 1997, the Board of County Commissioners of St. Lucie County, 4 Florida, adopted Ordinance 97-017, amending the County's Roads Impact Fee 5 Schedules approved under Ordinance 95-012, to account for the scheduled 6 imposition of an additional 2 cents of local option gasoline tax (January 1998), the 7 proceeds of which are distributed by interlocal agreement to each of the local 8 municipalities in the County in addition to a portion of those funds being retained 9 by the county. 10 11 7. On October 20, 1998, the Board of County Commissioners of St. Lucie County, 12 Florida, adopted Ordinance 98-021, amending the County's Roads Impact Fee 13 regulations by changing the description of the allowable use of Road Impact Fee as 14 set out in Section 1-17-31 of the St. Lucie County Code and Compiled Laws and the 15 method of revision to the schedule of Road Impact Fees described in Section 1-17- 16 39. 17 18 8. On January 1, 2000, St. Lucie County began collecting an additional 3 cents of local 19 option gasoline tax, the proceeds of which are distributed by interlocal agreement 20 to each of the local municipalities in the County in addition to a portion of those 21 funds being retained by the County, which necessitated a recomputation of the 22 amount of roads impact fee being assessed in accord with the provisions of Article 23 III, Chapter 1-17 of the St. Lucie County Code and Compiled Laws. 24 25 9. On May 9, 2000, the Board of County Commissioners of St. Lucie County, Florida, 26 adopted Ordinance 00-004, amending the County's Roads Impact Fee Schedules 27 to account for changes in the local gasoline tax rates as well as revised cost 28 estimates used in computing the roads impact fee. 29 30 10. As part of the review and approval of Ordinance 00-004, the administrative charges 31 authorized to be retained by the collecting entity were raised from 3% to 4%, 32 however, there were other sections of Article III of Chapter 1-17, Road Impact Fee, 33 that needed to be made consistent with this change that were not subject to the 34 public hearing reviews previously noticed and advertised. 35 36 11. On August 17, 2000, the Local Planning Agency/St. Lucie County Planning and 37 Zoning Commission held a public hearing on the proposed ordinance after Underline is for addition Ctrikc Through is for deletion Ordinance 00-032fnl Page 2 Road Impact Fee PRINT DATE: 09/19/00 c, M C EA M M Ln -9�- L1 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. 12. On September 6, 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 August 24, 2000. 13. On September 19, 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 September 7, 2000. 14. The proposed amendments to Article III, Road Impact Fees 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, Florida: PART A. SECTION 1-17-32, ARTICLE III, OF THE ST. LUCIE COUNTY CODE AND COMPILED LAW IS AMENDED TO READ AS FOLLOWS: Section 1-17-32. Refund of fees paid. (a) If a building permit or cicctrical permit for a recreational vchicle park or mobilc homc park cxpires, thcn the fccpsycr shall be cntiticd to a rcfund of the impact fcc paid as a condition for its issuancc cxccpt that the county shall retain six (03) per ccnt of the fcc to offsct the costs of colloction and rcfund. 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 and collecting government Underline is for addition etrilcc Through is for deletion ordinance 00-032fnl Page 3 Road Impact Fee PRINT DATE: 09/19/00 C) x, ca c:) L.1 L.a F..L M entity, if not the County, shall retain four percent (4%) of the fee retained by the county and collecting government entity. (b) Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the roads impact fee was paid shall, upon application of the feepayer, be returned to him with interest at the rate of six (6) per cent per annum. 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, Ca 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, ,_ t property, or circumstance. f"E'1 PART D. APPLICABILITY OF ORDINANCE. L 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 Underline is for addition Ctrikc Through is for deletion Ordinance 00-032fnl Page 4 Road Impact Fee PRINT DATE: 09/19/00 1 the Bureau of Administrative Code and Laws, Department of State, The Capitol, 2 Tallahassee, Florida 32304. 3 4 5 PART F. EFFECTIVE DATE. 6 7 The Amendments to Section 1-17-32, Refund of Fees Paid, shall become effective 8 October 1, 2000. 9 10 11 PART G. ADOPTION. 12 13 After motion and second, the vote on this ordinance was as follows: 14 15 Chairman John D. Bruhn AYE 16 17 Vice Chairman Frannie Hutchinson AYE 18 19 Commissioner Paula Lewis AYE 20 21 Commissioner Cliff Barnes AYE 22 23 Commissioner Doug Coward AYE 24 25 26 PART H. CODIFICATION. 27 28 Provisions of this ordinance shall be incorporated in the St. Lucie County Code and 29 Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other 30 appropriate word, and the sections of this ordinance may be renumbered or relettered to 31 accomplish such intention; provided, however, that parts B through H shall not be codified. 32 33 34 PASSED AND DULY ENACTED this 19th day of September, 2000. 35 36 37 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Underline is for addition Ctrikc Through is for deletion Ordinance 00-032fnl Page 5 Road Impact Fee PRINT DATE: 09/19/00 M 7z �a M LTI 1 BOARD OF COUNTY COMMISSIONERS 2 ATTEST: ST. LUCIE COUNTY, FLORIDA 3 4 P I6 7 BY- X� s DEPUTY CLERK CHAIRMAN', 10 , 12 r 13 e� .;. IL ` APPROVED AS TO FORM AND 14 s: 'coy u��t� ��a CORRECTNESS• 20 2I1 212 23 24 28 26 2'ig OORr00-032c(IMPACT2000) d4.,Q_;(1O JNTY ATTORNEY --------------------------------- Underline is for addition etrilcc Through is for deletion Ordinance 00-032fn1 Page 6 Road Impact Fee PRINT DATE: 09/19/00 r� a tLI x t~.a CCn M Ln -7