HomeMy WebLinkAbout00-33&OANNE HOLMAN, CLERK OF THE CIRLO COURT - SAINT LUCIE COUNTY
File Number: 1844426 OR BOOK 1330 PAGE 2431
Recorded : 09/27/ 00 09: 42
1 ORDINANCE NO. 00-033
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 1-19-14, REFUND OF FEES
6 PAID, TO PROVIDE FOR A 4% ADMINISTRATIVE FEE; PROVIDING
7 FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
8 PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE
9 DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE;
10 PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION.
11
12
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
13
the following determinations:
14
15
1. On September 19, 1995, the Board of County Commissioners of St. Lucie County,
16
Florida, adopted Ordinance 95-041 imposing a Public Buildings Impact Fee in St.
17
Lucie County.
'�
18
19
2. On May 9, 2000 the Board of County Commissioners of St. Lucie County, Florida,
20
adopted Ordinance 00-009, amending Public Buildings Impact Fee in St. Lucie
21
County, by providing for general text revisions and a revised fee schedule, effective
R J
22
October 1, 2000.
23
24
3. As part of the review and approval of Ordinance 00-009, the administrative charges
25
authorized to be retained by the collecting entity were raised from 3% to 4%,
26
however, there were other sections of Article I, Chapter 1-19, Public Buildings
27
Impact Fee, that needed to be made consistent with this change that were not
28
subject to the public hearing reviews previously noticed and advertised.
29
30
4. On August 17, 2000, the Local Planning Agency/St. Lucie County Planning and
31
Zoning Commission held a public hearing on the proposed ordinance after
32
publishing two notices in The Port St. Lucie News and The Tribune at least ten (10)
33
days prior to the hearing and determined that the proposed ordinance was
34
consistent with the St. Lucie County Comprehensive Plan.
35
36
5. On September 6, 2000, this Board held its first public hearing on the proposed
Underline is for addition
Ctrikc Through is for deletion
Ordinance 00-033fnl Page 1
Public Buildings Impact Fee PRINT DATE: 09/19/00
*R BOOK 1330 PAGE 2432 is
1 ordinance, after publishing a notice of such hearing in The Tribune and the Port St.
2 Lucie News on August 24, 2000.
3
4 6. On September 19, 2000, this Board held its second public hearing on the proposed
5 ordinance, after publishing a notice of such hearing in The Tribune and the Port St.
6 Lucie News on September 7, 2000.
7
8 7. The proposed amendments to Article I, Chapter 1-19, Public Buildings Impact Fee
9 are consistent with the general purpose, goals, objectives, and standards of the St.
10 Lucie County Comprehensive Plan and is in the best interest of the health, safety,
11 and public welfare of the citizens of St. Lucie County, Florida.
12
13
14 NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie
15 County:
16
17 Part A. Section 1-19-14, ARTICLE I, OF CHAPTER 1-19, PUBLIC BUILDINGS
18 IMPACT FEE, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY,
19 FLORIDA, IS AMENDED AS FOLLOWS:
20
21
22 Section 1-19-14. Refund of Fees Paid.
23
24 A. If a building permit or an electrical permit for a mobile home park or recreational
25 vehicle park expires and no construction has been commenced, then the feepayer,
26 his heirs, successors or assigns, shall be entitled to a refund of the impact fee paid
27 as a condition for its issuance except that the county and the collecting government
28 entity, if not the County, shall retain throc porccnt (3%) four percent (4%) of the
29 funds as an administrative fee to offset the costs of refunding.
30
31 B. Any funds not expended or encumbered by the end of the fiscal year immediately
32 following then (10) years from the date the public buildings impact fee payment fee
33 payment was received shall, upon application of the current owner within one
34 hundred eighty (180) days of the expiration of the ten (10) year period, be returned
35 to the current owner with interest at the rate of six percent (6%) per annum.
36
37
Underline is for addition
Ctrikc Through is for deletion
Ordinance 00-033fn1 Page 2
Public Buildings Impact Fee PRINT DATE: 09/19/00
` OOR BOOK 1330 PAGE 2433
1 k*Yci:i'*itX***c*:k*kl:iek*fit**:*9tlk****
2
3 PART B. CONFLICTING PROVISIONS.
4
5 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
6 County, County ordinances and County resolutions, or parts thereof, in conflict with this
7 ordinance are hereby superseded by this ordinance to the extent of such conflict.
8
9
10 PART C. SEVERABILITY.
11
12 If any portion of this ordinance is for any reason held or declared to be unconstitutional,
13 inoperative, or void, such holding shall not affect the remaining portions of this ordinance.
14 If this ordinance or any provision thereof shall be held to be inapplicable to any person,
15 property, or circumstance, such holding shall not affect its applicability to any other person,
16 property, or circumstance.
17
18
19 PART D. APPLICABILITY OF ORDINANCE.
20
21 This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the
22 incorporated areas even in the absence of interlocal agreements with the affected
23 municipalities.
24
25
26 PART E. FILING WITH THE DEPARTMENT OF STATE.
27
28 The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to
29 the Bureau of Administrative Code and Laws, Department of State, The Capitol,
30 Tallahassee, Florida 32304.
31
32
33 PART F. EFFECTIVE DATE.
34
35 The Amendments to Section 1-19-14 shall become effective October 1, 2000.
36
37
Underline is for addition
Ctrikc Through is for deletion
Ordinance 00-033fnl Page 3
Public Buildings Impact Fee PRINT DATE: 09/19/00
1
OR BOOK 1330 PAGE 2434
1
PART G. ADOPTION.
2
3
After motion and second, the vote on this ordinance was as follows:
4
5
Chairman John D. Bruhn
AYE
6
7
Vice Chairman Frannie Hutchinson
AYE
8
9
Commissioner Paula Lewis
AYE
10
11
Commissioner Cliff Barnes
AYE
12
13
Commissioner Doug Coward
AYE
14
15
16 PART H. CODIFICATION.
17
18 Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
19 Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other
20 appropriate word, and the sections of this ordinance may be renumbered or relettered to
21 accomplish such intention; provided, however, that parts B through H shall not be codified.
22
23
24 PASSED AND DULY ENACTED this 19th day of September, 2000.
25
26
27
28 ATTEST:
29
30
31 /
32
33 D PUTY CLE
34 g,
35
36
37 , `A
x
R
BOAT
ST. L
BY:
— — — ems, '.� — — — — — — —
�'c" CQu1��'
Underline is for addition
Ctrikc Through is for deletion
Ordinance 00-033fnl Page 4
Public Buildings Impact Fee PRINT DATE: 09/19/00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
APPROVED AS TO FORM AND
CORRECTNESS:
to�A, COU ATTORNEY
OR BOOK 1330 PAGE 2435
O R00-3 3f n I (I M PACT2000 )
DJM
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Underline is for addition
etrikc Through is for deletion
Ordinance 00-033fnl
Public Buildings Impact Fee
Page 5
PRINT DATE: 09/19/00