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Home My WebLink About00-34a !.�€ANNE HO�.MAN 5 CLERK OF THE C.I. Gl ' T COUR � - SAINT LUCI E COUNTY File No er d 13+4' 442 7 OR BOOK i 330 PAGE 2436 Recer�ded:09/2 ir7, 00 09:42 1 ORDINANCE NO. 00-034 2 3 AN ORDINANCE AMENDING, ARTICLE III OF CHAPTER 1-15, PARKS 4 IMPACT FEE, OF THE ST. LUCIE COUNTY CODE AND COMPILED 5 LAWS BY AMENDING SECTION 1-15-44, REFUND OF FEES PAID TO 6 PROVIDE FOR A 4% ADMINISTRATIVE FEE; PROVIDING FOR 7 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 95-023, imposing a Parks Impact Fee in St. Lucie 17 County. 18 2, On May 9, 2000 the Board of County Commissioners of St. Lucie County, Florida, �)19 20 adopted Ordinance 00-005, amending Parks Impact Fee in St. Lucie County, by 21 providing for general text revisions and a revised fee schedule, effective October 1, 22 2000. 23 24 3. As part of the review and approval of Ordinance 00-005, 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 III, Chapter 1-15, Parks Impact Fee, 27 that needed to be made consistent with this change that were not subject to the 28 public hearing reviews previously noticed and advertised. 29 3 o 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 00-034fnl Page 1 Parks Impact Fee PRINT DATE: 09/19/00 *OP G00K 1330 PAGE 2437 ordinance, after publishing a notice of such hearing in The Tribune and the Port St. Lucie News on August 24, 2000. 6. 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. 7. The proposed amendments to Article III, 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. SECTION 1-15-44, ARTICLE III, "PARKS IMPACT FEE" OF CHAPTER 1-15 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS FOLLOWS: 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, and the collecting government entity, if not the County, shall retain throe porccnt (3%) four percent (4%) 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. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Underline is for addition Ctrikc Through is for deletion ordinance 00-034fnl Page 2 Parks Impact Fee PRINT DATE: 09/19/00 SOR BOOK 1330 PAGE 2438 ********************IAA********* PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the incorporated areas even in the absence of interlocal agreements with the affected municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. The Amendments to Section 1-15-44 shall become effective October 1, 2000. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Underline is for addition Ctrikc Through is for deletion Ordinance 00-034fnl Page 3 Parks 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 18OEt BOOK 1330 PAGE 2439 PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman John D. Bruhn AYE Vice Chairman Frannie Hutchinson AYE Commissioner Paula Lewis AYE Commissioner Cliff Barnes AYE Commissioner Doug Coward AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 19th day of September, 2000. ATTEST: , DEPUTY CLERK BOARD OF ST. LUCIEA BY: JUNTY COMMISSION TY, FLORI A CHAI - - - - - - - - - - - - - - - - - - - - - - - Underline is for addition Ctrikc Through is for deletion Ordinance 00-034fnl Parks Impact Fee Page 4 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 OR00-34fnl(IMPACT2000) 37 DJM OOP BOOK 1330 PAGE 2440 APPROVED AS TO FORM AND CORRECTNESS: ,..,,*-COUN4 �fTORNEY — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Underline is for addition Ctrikc Through is for deletion Ordinance 00-034fn1 Parks Impact Fee Page 5 PRINT DATE: 09/19/00