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Home My WebLink About14-010%. i~ 1 ORDINANCE NO. 14-010 (Formerly 13-023) 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(a), REFUND OF FEES PAID, TO PROVIDE THAT IN ORDER TO RECEIVE A REFUND FOR FEES PAID ON OR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, THE REQUEST MUST BE MADE WITHIN THREE (3) YEARS OF WHEN THE PERMIT EXPIRED; AMENDING SECTION 1-17-32(b) TO CHANGE THE INTEREST RATE ON REFUNDS RETURNED TO THE FEEPAYER FROM SIX PERCENT (6%) TO AN INTEREST BASED ON THE LOCAL GOVERNMENT SURPLUS FUNDS TRUST FUND (FLORIDA PRIME); 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 No. 85-10, imposing a road impact fee in St. Lucie County. 2. The County's Management and Budget Director has recommended that the County amend its road impact fee ordinance to provide for a time period in which requests for refunds must be made as well as recommending that the interest rate paid on refunds be adjusted to reflect the current economic situation. 3. On October 17, 2013, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in 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. 4. On March 4, 2014, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Tribune on February 21, 2014. _ -1- _ underlineQ passages are added. ck-E;,,~..y:, passages are deleted. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3942635 04!0912014 at 10:19 AM OR BOOK 3620 PAGE 738 - 741 Doc Type: ORDN RECORDING: $35.50 5. On April 1, 2014, this Board held its second public hearing on the proposed ordinance after publishing a notice of such hearing in the Tribune on March 21, 2014. 6. The proposed amendment to Article III, Chapter 1-17, Road Impact Fees, is 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 ~~ROADS IMPACT FEE" OF CHAPTER 1-17 (ROADS AND BRIDGES) 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 or an electrical permit for a mobile home park or recreational vehicle park expires and no eefrct; uet+cn has---been c certificate of occupancy has been issued, 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, plus interest based on the Local Government Surplus Funds Trust Fund (Florida PRIME), except that the County and collecting government entity, if not the County, shall retain four (4%) of the fee retained by the County and collecting government entity. In order to receive a refund from impact fees paid on or after the effective date of Ordinance No. 14-010. the request must be made within three l~3) years of when the permit expired. (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 t#E ; zt1-a~:,i;: ~~) r~;,cnt per cnn:~M based on the Local Government Surplus Funds Trust Fund (Florida PRIME). 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. -2- underline~ passages are added. St:_.I, tY.::.,.~h passages are deleted. 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. This Ordinance shall be effective upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Frannie Hutchinson AYE Vice Chair Paula A. Lewis AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Kim Johnson 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 ADOPTED this 15t day of April, 2014. -3- underiine2 passages are added. 5::..cl. c.`.revgh passages are deleted. ATTEST: l~~u~ Deputy Clerk BOARD OF OUNTY C ISSIONERS ST CI OUNTY LORI ~ A ,-~- ~ i i ~- ~ , Chair ~ _ APPROVED AS TO FORM AND CORRECTNESS: BY: `l~L-~- ~ _ J~srti-County Attorney -4- underlined passages are added. ~F.,.r:_ :~.~sagh passages are deleted. ;~. ~~~d ;- ~; ` :w.. x. h FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor April 7, 2014 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Sue Korunow Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 14-010, which was filed in this office on April 7, 2014. Sincerely, Liz Cloud Program Administrator LC/mrh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us