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Home My WebLink AboutSupplement No. 56: 10-2000SUPPLEMENT NO. 56 October 2000 CODE County of ST. LUCIE, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 00-30, adopted August 15, 2000. See the Code Disposition Table for further information. Remove old pdges Insert new pages ix, x ix, x ' Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 169-170.4 169-170.3 373 373-380.8 381 567-570.1 567-570.1 573, 574 573, 574 577-580 577-580 741-749 741, 742 793-798 793-798.1 801, 802 801, 802 805-808 805-808 857-862 857-862 865, 866 865, 866 871, 872 871, 872 903-920 903-920 923 923 924.7-924.10 924.7-924.10 1095, 1096 1095, 1096 3752.3, 3752.4 3752.3-3752.4.1 3777, 3778 3777, 3778 3827-3832 3827-3832 3855-3864.1 3855-3864.2 3868.1-3872.1 3869-3872.2 3877-3878.2 3877-3878.2 3881-3882.1 3881-3882.1 3885, 3886 3885, 3886 3891-3893 3891-3893 INSTRUCTION SHEET-Cont'd. Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com TABLE OF CONTENTS Page Officials of County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii Preface ..................................................... v Adopting Ordinance ......................................... vii Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [1] PAR.T I CODE OF ORDINANCES Chapter 1-1 General Provisions ..................................... 1 1-2 Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Art. I. In General ................................... 55 Art. II. Officers and Employees . . . . . . . . . . . . . . . . . . . . . . 57 Art. III. Code Enforcement Board . . . . . . . . . . . . . . . . . . . . 59 Art. N Purchasing ................................. 64 Div. 1. Generally ............................... 64 Div. 2. Competitive Purchase Bidding . . . . . . . . . . . . Div. 3. Design-Build Contracts . . . . . . . . . . . . . . . . . . . 65 65 Art. V. Lobbyist Registration and Reporting . . . . . . . . . . 68 1-2.3 Airports and Aircraft .................................. 71 Art. I. In General ................................... 71 Art. II. Regulation of Vehicular Traffic and Parking ... 73 1-2.5 Alarm Systems ....................................... 83 1-3 Alcoholic Beverages ..................................... 107 Art. I. In General ................................... 107 Art. II. Regulation of Open Containers . . . . . . . . . . . . . . . 108 Art. III. Specified Sexual Activities in Commercial Es- tablishments ............................... 109 1-4 Animals and Fowl ...................................... 157 Art. I. In General ................................... 157 Art. II. Animal Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 1-4.5 Art .................................................. 169 Art. I. Art in Public Places . . . . . . . . . . . . . . . . . . . . . . . . . . 169 1-5 Boating ................................................ 171 Art. I. Vessel Control and Water Safety . . . . . . . . . . . . . . 171 1-5.5 Cable Television Franchise Ordinance . . . . . . . . . . . . . . . . . . 181 1-6 Children ............................................... 261 Art. I. In General ................................... 261 Art. Art. II. Parental Neglect . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. Children's Services . . . . . . . . . . . . . . . . . . . . . . . . . 261 262 Supp. No. 56 ~ ST. LUCIE COUNTY CODE Chapter Page 1-6.5 Community Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 Art. I. In General ................................... 285 Art. II. Pine Valley Community Development District . 285 Art. III. Lake Lucie Community Development District 287 Art. N Reserve Community Development District .... 288 Art. V. Educational Facilities Impact Fee . . . . . . . . . . . . . 289 Art. VI. Reserve Community Development District #2 . 293 1-6.8 Contractors .......................................... 297 Art. I. In General ................................... 297 Art. II. Unlicensed Contractors Enforcement Proce- dures ....................................... 297 1-7 Courts ................................................. 313 Art. I. In General ................................... 313 Art. II. Alcohol and Other Drug Abuse ~ust Fund .... 320 Art. III. Reserved ................................... 322 1-7.5 Drainage and Erosion Control . . . . . . . . . . . . . . . . . . . . . . . . . 337 Art. I. In General ................................... 337 Art. II. St. Lucie River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 1-7.6 Environmental Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Art. I. In General ................................... 347 Art. II. Marine Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Art. III. On-Site Sewage Disposal Systems on Hutchinson Island .......................... 351 1-7.8 Firearms ............................................. 371 1-7.9 Fire Protection ....................................... 373 Art. I. Fire/EMS Protection Impact Fee . . . . . . . . . . . . . . 373 1-8 Fish and Game ......................................... 382.7 1-8.5 Reserved ............................................. 383 1-9 Garbage, Trash and Refuse .............................. 421 Art. I. In General ................................... 421 Art. II. Abandoned Property, Garbage, ~ash, Junk and Debris ...................................... 422 Art. III. Garbage and Trash Collection . . . . . . . . . . . . . . . 426 Art. IV. Mandatory Disposal . . . . . . . . . . . . . . . . . . . . . . . . . 433 Art. V. Collection of Solid Waste and Recyclable Mate- rials ........................................ 437 Div. 1. Generally ............................... 437 Div. 2. Mandatory Collection of Solid Waste ...... 441 Div. 3. Solid Waste Collection Service Agreements. 442 1-10 Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465 Art. I. In General ................................... 465 Art. II. Sludge, Septage and Sewage Disposal. ........ 465 Art. III. Sewage Disposal Capacity . . . . . . . . . . . . . . . . . . . 469 Art. IV. St. Lucie County Cross Connection Control Policy ...................................... 470 Supp. No. 56 g Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 83, 84 55 iii OC 85, 86 55 v, vi OC 87, 88 55 vii, viii OC 89, 90 55 ix, x 56 91, 92 55 xi, xii 55 107, 108 32 ~ciii, xiv 55 109 32 1, 2 OC 111, 112 19 3, 4 OC 113, 114 19 55, 56 31 115 19 57, 58 55 157, 158 41 58.1 55 159, 160 38 59, 60 26 161, 162 38 61, 62 26 163, 164 41 63, 64 26 165, 166 41 64.1 26 167, 168 55 65, 66 51 169, 170 56 67, 68 30 170.1, 1702 56 69, 70 30 170.3 56 71, 72 24 171, 172 52 73, 74 24 173, 174 52 75, 76 26 175, 176 52 77, 78 24 177 52 79, 80 24 181, 182 51 Supp. No. 56 [1] ST. LUCIE COUNTY CODE Page No. Supp. No. Page No. Supp. No. 183, 184 51 339 20 185, 186 51 347, 348 34 187, 188 51 349, 350 34 189, 190 51 351, 352 34 191, 192 51 353 34 193, 194 51 371 25 195, 196 51 373, 374 56 197, 198 51 375, 376 56 199, 200 51 377, 378 56 201, 202 51 379, 380 56 203, 204 51 380.1, 3802 56 205, 206 51 380.3, 380.4 56 207, 208 51 380.5, 380.6 56 209, 210 51 380.7, 380.8 56 211, 212 51 381 56 213, 214 51 383 29 215, 216 51 421, 422 51 217, 218 51 422.1 51 219 51 423, 424 44 221, 222 49 425, 426 44 223, 224 49 427 44 225 49 431, 432 29 261, 262 29 433, 434 32 263, 264 29 435, 436 51 265, 266 29 437, 438 51 285, 286 55 439, 440 51 287, 288 35 441, 442 51 288.1 33, Rev. 443 51 289, 290 34 465, 466 44 291, 292 46 467, 468 44 293, 294 55 469, 470 44 295 55 471 44 297, 298 39 515, 516 35 299, 300 39 517, 518 32 301, 302 39 519, 520 32 303, 304 39 521, 522 35 305 42 523, 524 35 313, 314 53 565, 566 43 315, 316 53 567, 568 56 317, 318 53 569, 570 56 318.1 53 570.1 56 319, 320 55 571, 572 42 321, 322 55 573, 574 56 337, 338 20 575, 576 42 Supp. No. 56 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 577, 578 56 793, 794 56 579, 580 56 795, 796 56 581, 582 42 797, 798 56 617, 618 14 798.1 56 619, 620 42 799, 800 42 620.1 42 801, 802 56 621, 622 14 803, 804 42 622.1 14 805, 806 56 623, 624 11 807, 808 56 625, 626 OC 809, 810 42 627, 628 26 849, 850 29 629, 630 42 851, 852 52 631, 632 42 853, 854 52 633, 634 42 857, 858 56 635, 636 42 859, 860 56 637 42 861, 862 56 659, 660 43 863, 864 42 661, 662 43 865, 866 56 663, 664 43 867, 868 42 665, 666 43 869, 870 42 667, 668 43 871, 872 56 669, 670 43 873 42 671, 672 43 879 20 689 29 903, 904 56 697, 698 44 905, 906 56 699, 700 44 907, 908 56 701, 702 44 909, 910 56 703, 704 44 911, 912 56 705, 706 44 913, 914 56 707, 708 44 915, 916 56 715, 716 44 917, 918 56 717, 718 49 919, 920 56 719, 720 49 921, 922 41 721, 722 51 923 56 723, 724 49 924.1, 924.2 34 725, 726 49 924.3, 924.4 34 729, 730 19 924.5, 924.6 34 731, 732 19 924.7, 924.8 56 733, 734 19 924.9, 924.10 56 739, 740 55 925, 926 17 741, 742 56 927, 928 17 763, 764 9 929, 930 29 789, 790 42 957, 958 49 791, 792 42 1005 29 Supp. No. 56 [3] ST. LUCIE COUNTY CODE Page No. Supp. No. Page No. Supp. No. 1035, 1036 48 2455, 2456 44 1036.1 48 2457, 2458 44 1037, 1038 34 2459, 2460 44 1039, 1040 54 2461, 2462 44 1040.1 51 2501, 2502 53 1041, 1042 34 2503, 2504 53 1043, 1044 36 2505, 2506 53 1045, 1046 49 2507, 2508 53 1047 49 2509,2510 53 1049, 1050 47 2511, 2512 53 1065, 1066 46 2513, 2514 53 1066.1 46 2515 53 1067, 1068 34 2535, 2536 12 1069, 1070 53 2537, 2538 12 1071, 1072 53 2539, 2540 12 1072.1 53 2541, 2542 12 1073,1074 34 2543 12 1075, 1076 34 2563, 2564 OC 1077, 1078 34 2615, 2616 OC 1079, 1080 32 2617, 2618 OC 1081, 1082 46 2619, 2620 OC 1095, 1096 56 2621 OC 1097, 1098 55 2671, 2672 53 1113, 1114 30 2673, 2674 53 1127 OC 2675, 2676 OC 1615 29 2677, 2678 OC 1987 29 2679, 2680 OC 2231, 2232 OC 2681, 2682 OC 2233, 2234 OC 2683, 2684 53 2235, 2236 10 2685, 2686 53 2237 10 2735,2736 53 2287 OC 2737 53 2337,2338 15 2787 25 2339 15 2837, 2838 OC 2389 OC 2839, 2840 OC 2439, 2440 44 2841, 2842 OC 2441, 2442 44 2843, 2844 OC 2443, 2444 53 2895, 2896 OC 2445, 2446 55 2897 OC 2446.1 55 2947, 2948 OC 2447, 2448 44 2949, 2950 44 2449, 2450 44 2951, 2952 OC 2451, 2452 44 2953, 2954 OC 2453,2454 44 3005 53 Supp. No. 56 [4] Page No. 3063, 3064 3065, 3066 3067, 3068 3119 3169, 3170 3671, 3672 3673 3723, 3724 3725, 3726 3727, 3728 3729, 3730 3731, 3732 3733, 3734 3735, 3736 3737, 3738 3739, 3740 3741, 3742 3743, 3744 3745, 3746 3747, 3748 3749, 3750 3751, 3752 3752.1, 37522 3752.3, 3752.4 3752.4.1 3753, 3754 3755, 3756 3757, 3758 3759, 3760 3761, 3762 3763, 3764 3765, 3766 3767, 3768 3769, 3770 3771, 3772 3773, 3774 3775, 3776 3777, 3778 3827, 3828 3829, 3830 3831, 3832 3849, 3850 3851, 3852 3853, 3854 CHECKLIST OF UP-TO-DATE PAGES Supp. No. OC OC OC OC OC OC 5 OC OC 1 10 14 14 19 18 27 27 29 29 30 35 51 55 56 56 OC OC OC OC OC OC OC 53 OC 53 53 53 56 56 56 56 55 55 53 Page No. 3854.1, 3854.2 3855, 3856 3857, 3858 3859, 3860 3861, 3862 3863, 3864 3864.1, 3864.2 3865, 3866 3867, 3868 3869, 3870 3871, 3872 3872.1, 38722 3873, 3874 3875, 3876 3877, 3878 3878.1, 38782 3879, 3880 3881, 3882 3882.1 3883, 3884 3885, 3886 3887, 3888 3889, 3890 3891, 3892 3893 Supp. No. 56 [5] Supp. No. 55 56 56 56 56 56 56 51 53 56 56 56 44 55 56 56 42 56 56 51 56 51 49 56 56 Chapter 1-4.5 AR,T* Art. I. Art in Public Places, §§ 1-4.5-1-1-4.5-5 AR.TICLE I. AR,T IN PUBLIC PLACES Sec. 1-4.5-1. Definitions. For the purpose of this article, the following words or terms are defined as follows: Artwork means works in a variety of inedia produced by professional visual artists. Works may be permanent, temporary or functional. Board means the Board of County Commissioners for St. Lucie County, Florida. Capital project means any county capital improvement project costing more than fifty thousand dollars ($50,000.00) and paid for wholly or in part by funds appropriated by St. Lucie County to construct or renovate any park, beach restoration, above grade utility, and to construct or renovate any building, except a county detention facility. County means St. Lucie County, Florida. Council means the St. Lucie Cultural Affairs Council. Eligible construction costs means the total project appropriation of county funds for an eligible project, including engineering and design, but not including demolition costs, equip- ment costs except for the cost of custom designed equipment or equipment that creates a new use for a building or facility, real property acquisition costs, impact fees, enterprise funds, and soil remediation costs. Equipment costs means, for the purposes of the public art/design and transportation enhancement project calculation, those costs for the acquisition of inechanical equipment of standard manufacture. Master plan means a manual of criteria for the selection of sites and artwork and transportation enhancement projects for public capital and transportation facilities to be developed by the council with public input and approved by the board prior to its implemen- tation. This manual shall also provide for a comprehensive program for art in public places which shall include the display of loaned art in appropriate public buildings. Renouation means a capital project or transportation capital project which is a major redesign of a facility or system or a portion of a facility or system which is included in the county's capital program budget and which requires a building permit from the appropriate *Editor's note-Ord. No. 99-07, Pt. A, adopted July 6, 1999, added new provisions to the _ Code as Ch. 1-5. As other provisions existed within the Code as Ch. 1-5, the provisions of Ord. No. 99-07 have been included herein as Ch. 1-4.5 at the discretion of the editor. Supp. No. 56 169 § 1-4.5-1 ST. LUCIE COUNTY CODE governmental jurisdiction. Renovation shall also include a capital project or transportation capital project which is an expansion or upgrading the capacity of the facility or system, enlarging the facility, or creating new use for the facility. It shall not include repairs, maintenance, installation of inechanical equipment, or modifications required solely for ADA compliance. Transportation capital project means any county capital transportation improvement project costing more than fifty thousand dollars ($50,000.00) and paid for wholly or in part by funds appropriated by St. Lucie County to construct or renovate any highway or arterial, bridge or causeway, sidewalk, or bikeway, aviation-related, or any road beautifieation project. Transportation enhancement project means one (1) or more of the following projects, prioritized in the following order: (1) ~sual enhancement of facilities for pedestrians and bicycles. (2) Scenic or historic highway programs, including the provision of tourist and welcome center facilities. (3) Landscaping and other scenic beautification projects. (4) Historic preservation. (5) Rehabilitation and operation of historic transportation buildings, structures, or facilities, including historic railroad facilities. (6) Preservation of abandoned railway corridors, including the conversion and use thereof for pedestrian or bicycle trails. Trust fund means the art in public places trust fund created pursuant to this article and shall include all gifts and donations deposited in the trust fund. (Ord. No. 99-07, Pt. A, 7-6-99; Ord. No. 00-30, Pt. A, 8-15-2000) Sec. 1-4.5-2. Art in public places program. (a) Appropriations for county capital projects shall include an amount equal to two (2) per cent of the total eligible construction costs to be used for artist design services and for the selection, acquisition and display of artworks for related education programs, for the maintenance of county artworks, and for the adxninistration of the master plan. Funds appropriated pursuant to this section shall not exceed one hundred thousand dollars ($100,000.00) per project. Funds appropriated for one (1) capital project, but not deemed necessary or appropriate by the council in whole or in part for that project, may be expended on other public art projects approved under the annual master plan, subject to any bond restrictions and legal or grant restrictions. Bond funds shall be appropriated and accounted for in the bond capital project accounts. All county agencies may opt to participate in the art in public places program for any improvement project not otherwise subject to this article. (b) Appropriations for transportation capital projects shall include an amount equal to one (1) per cent of the total eligible construction costs to be used for site specific transportation enhancement projects, including artist design services for such projects, for the maintenance Supp. No. 56 170 ART § 1-4.5-2 of such projects, and for the administration of the master plan relating to such projects. Funds appropriated pursuant to this section shall not exceed one hundred thousand dollars ($100,000.00) per project. Bond funds shall be appropriated and accounted for in the bond capital project accounts. (c) The first priority for use of funds generated by a capital project shall be that capital project site. The monies appropriated under this article may be used for artist design services, for the development of design concepts and models, and for the selection, acquisition, purchase, commissioning, placement, installation, exhibition and/or display of artworks. Artworks and transportation enhancement projects shall be selected in accordance with the master plan and may be temporary or perxnanent, may be integral to the architecture or may be incorporated into the project. Integration of the artists' design concepts into the project architecture and/or design should be ensured, insofar as is feasible, by the concurrent selection of the artist(s) with the architect, engineer, or project designer. (d) In the case of a project which involves the use of grant or county bond proceeds issued after the effective date of this article, amounts for artist design services and artworks described in this ordinance shall be used for projects and capital purposes consistent with state and federal laws, the resolutions and/or ordinances approved by the board and the terms of the grant agreement. (e) With the exception of transportation capital projects or as otherwise restricted by the board, any applicable bond resolution or ordinance, local, state or federal law, or the conditions of a granting authority, monies generated under this article may be pooled and expended for any public art and design project in the county, subject to the approved master plan. Pooled funds may be used as seed money for artists' fees to initiate partnerships with private and other public entities to provide public art and aesthetic enhancements in St. Lucie County, pursuant to a written agreement. (f~ To the extent allowed by grant guidelines and by law, all county agencies shall, from the effective date of this article, include in all applications for funding to outside granting organizations or governmental agencies, an amount equal to two (2) per cent of eligible construction costs for a capital project, not to exceed one hundred thousand dollars ($100,000.00), or an amount equal to one (1) per cent of eligible construction costs for a transportation capital project, not to exceed one hundred thousand dollars ($100,000.00), for artist design services and artworks or transportation enhancement projects, as specified herein. (g) The minimum amount to be appropriated for artist design services, artworks, and transportation enhancement projects shall be the total eligible construction costs multiplied by 0.02 or 0.01, as appropriate. This calculation shall be made by the county agency prior to the time of the appropriation for the county's capital program. An amount equal to fifteen (15) per cent of the eligible allocation of the construction project (which is 0.003 of the total eligible construction costs for a capital project and 0.0015 of the total eligible construction costs for a transportation capital project) may be used for project support and community participation activities. For public-owned property this may include staffing, artist selection-related costs (excluding travel of the selection committee), consultants, desigm/proposaUmoquette costs, Supp. No. 56 17~.1 § 1-4.5-2 ST. LUCIE COUNTY CODE identifying plaques, project docuxnentation, publicity, community education activities and other purposes as may be deemed appropriate for the administration of the program. An amount equal to fifteen (15) per cent of the eligible public art allocation of the construction project for a capital project (which is 0.003 of the total eligible construction costs) shall be set aside in a separate account within the trust fund for curatorial services, insurance coverage, and the preservation and maintenance of county artworks. An amount equal to fifteen (15) per cent of the eligible public art allocation of the construction project for a transportation capital project (which is 0.0015 of the total eligible construction costs) shall be set aside in a separate account within the trust fund for curatorial services, insurance coverage, and the preservation and maintenance of the specific transportation enhancement project. The council shall recommend that any artwork or transportation enhancement project needing extraordinary operational or maintenance costs be reviewed by the appropriate county agency director prior to recommendation to the board. The council shall also be responsible for conducting an annual maintenance survey of artworks and transportation enhancement projects. This survey shall include a condition report on each work, prioritized recommendations for the restoration or repair and maintenance, and estimated costs. Such repair and maintenance shall comply with any contractual obligations which may have been entered into by the county in the acquisition of the artworks. Expenditures of monies in the artwork and transportation enhancement projects maintenance and project support accounts shall be annually recommended by the council and included in the proposed annual budget submitted to the board. Funds in the maintenance and conservation account not expended by the end of the close of any fiscal year shall be carried forward. The council shall also, review and update as necessary the insurance requirements for artworks at least every five (5) years. (Ord. No. 99-07, Pt. A, 7-6-99; Ord. No. 00-30, Pt. B, 8-15-2000) Sec. 1-4.5-3. Art in public places trust fund. (a) Created. There is hereby created "art in public places trust fund" consisting of all funds appropriated and deposited to the trust fund in connection with the construction or renovation of a facility or system pursuant to sections 1-4.5-2(a) and 1-4.5-2(b). The trust fund is also authorized to accept gifts, grants and donations made to St. Lucie County for works of art. All appropriations, gifts, grants and awards of monies hereunder shall be deposited in an interest-bearing account entitled the "St. Lucie County Art in Public Places Trust Fund Account", which shall be a separate account established and maintained apart from the general revenue funds and accounts of St. Lucie County. All interest in said account shall accrue to the use and benefit of the trust fund account. (b) Term of existence. The St. Lucie County Art in Public Places Trust Fund Account shall be self-perpetuating from year to year unless specifically terminated by the board. (c) Trust ¢ssets. All appropriations, gifts, grants and awards of money or property received hereunder from either public or private donors shall be placed in trust for and inure to the use and benefit of St. Lucie County for public art and design purposes; and said property and funds shall be expended, utilized and disbursed pursuant to the provisions of this section. Supp. No. 56 17~.2 ART § 1-4.5-5 (d) Appropriations and donations. (1) Eligible monies appropriated pursuant to this article shall be transferred to the trust fund. This transfer shall take place within thirty (30) days of the approval by the board of the construction contract for an eligible project. (2) Funds deposited or credited to the St. Lucie County Art in Public Places Trust Fund Account, except funds for maintenance and conservation of county artworks and transportation enhancement projects, not expended or obligated by the close of any fiscal year shall be carried over automatically for a period of three (3) years beyond the close of the county construction project, or upon recommendation of the council, carried over for an additional two (2) years. Any funds carried over for three (3) years, or upon request five (5) years, and still unexpended at the expiration of such period, shall be transferred to the general fund for general art purposes or transportation enhance- ment projects, as appropriate, only; provided that funds derived from other restricted sources shall revert to the funds from which originally appropriated at the expiration of said three- or five-year period, or if project is canceled, as applicable. (3) Any gifts, grants and awards received subject to a condition shall be expended strictly in accordance with such condition. (Ord. No. 99-07, Pt. A, 7-6-99; Ord. No. 00-30, Pt. C, 8-15-2000) Sec. 1-4.5-4. Ownership and maintenance of artworks. Unless otherwise provided, ownership of all works of art acquired by the county under this article shall be vested in the county, including copyrights, patents and other reproduction rights. The board shall be responsible for managing the reproduction rights of each acquisition with advice from the council. Custody, supervision, maintenance and preservation of the works of art shall be the responsibility of the county, and shall be carried out by qualified art professionals with appropriate collaboration with the council. (Ord. No. 99-07, Pt. A, 7-6-99) Sec. 1-4.5-5. Compliance with state and federal laws. Nothing in this article shall be deemed or construed to require the county to appropriate or expend funds if (a) the appropriation or expenditure of such funds for the purposes herein described would not be permitted under any state or federal law, rule or regulation, or (b) the compliance with this article would in any way affect the treatment of interest on any bonds or other indebtedness or the county for federal income taY purposes, or (c) the compliance with this article would in any way prevent or inhibit the county's compliance with state or federal laws, rules or regulations relating to debt obligations of the county. (Ord. No. 99-07, Pt. A, 7-6-99) Supp. No. 56 170.3 Chapter 1-7.9 FIRE PROTECTION Art. I. Fire/EMS Protection Impact Fee, §§ 1-7.9-1-1-7.9-17 AR,TICLE I. FIRE/EMS PROTECTION IMPACT FEE Sec. 1-7.9-1. Short title, authority, and applicability. (a) This article shall be known and may be cited as the "Fire/EMS Protection Impact Fee Ordinance". (b) The Board of County Commissioners of St. Lucie County has the authority to adopt this article pursuant to Article VIII of the Constitution of the State of Florida and to Chapter 125 and sections 163.3201 and 163.3202(3), Florida Statutes. (c) The St. Lucie County Fire District is the sole provider of fire/emergency medical services in St. Lucie County. (d) St. Lucie County must collect fire/EMS protection impact fees in order to provide the fire district with funds to adequately provide fire/EMS services for all St. Lucie County residents, including residents of the cities. Development within the cities impacts the fire/EMS capital needs of the fire district. (e) This article shall apply to all areas of St. Lucie County, even in the absence of interlocal agreements with the affected municipalities. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-2. 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 necessary to provide fire/EMS protection 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, Chapters 163 and 380, Florida Statutes, respectively, has sought to encourage local governments to enact impact fees as a part of their land development regulation program. (Ord. No. 00-003, Pt. A, 5-9-2000) Supp. No. 56 373 § 1-7.9-3 ST. LUCIE COUNTY CODE Sec. 1-7.9-3. Rules of construction. (a) The provisions of this article shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare. (b) For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article: (1) In case of any difference of ineaning 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 incorpo- rated 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 kind or character. (8) "County administrator" means the county administrator or whoever he/she may designate to carry out the administration of this article. (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. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-?.9-4. 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 (2) or more years, but excludes maintenance and operation. Supp. No. 56 374 FIRE PROTECTION § 1-7.9-6 (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 or for a type of land development activity specified in section 1-7.9-6 of this article. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-5. Imposition of fire/EMS protection impact fee. (a) Any person who, after the effective date of this article [Oct. 1. 2000], seeks to develop land by applying for the issuance of a building permit for one (1) of the land use types specified in section 1-7.9-6 of this article or an electrical permit for a mobile home park or recreational vehicle park shall be required to pay a fire/EMS protection impact fee in the manner and amount set forth in this article. Nothing in this article shall be deemed to eliminate the requirements of section 11.02.07 of the St. Lucie County Land Development Code. (b) No building permit for any land use types specified in section 1-7.9-6 of this article nor electrical permit for a mobile home park or recreational vehicle park shall be issued unless and until the fire/EMS protection impact fee hereby required has been paid as provided in section 1-7.9-7 of this article. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-6. Computation of the amount of fire/EMS protection impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule: FIRE/EMS PROTECTION IMPACT FEE COUNTYWIDE ASSESSMENT LAND USE TYPE RESIDENTIAL Single-family Mobile home/R,V (MHP/R,V park only) Multi-family (all types) HoteUmotel Bed & breakfast residence (Does not include the primary residence single- family unit fee must also be assessed for the residential portion of use) All other residential OFFICE & FINANCIAL Medical office Other of~ice Supp. No. 56 IMPACT FEE UNIT OF fee as of fee as of MEASURE 10/01 /00 10/01 /01 * per unit Per unit Per unit Per room Per room $129 36 67 100 100 $258 72 133 199 199 Per unit Per 1,000 sq. ft. Per 1,000 sq. ft. 375 129 56 56 258 112 112 § 1-7.9-6 ST. LUCIE COUNTY CODE IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEASURE 10 / 01 / 00 10 / 01 / 01 ~ RETAIL TRADE Under 100,000 sq. ft. Per 1,000 sq. ft. 63 125 100,000-399,000 sq. ft. Per 1,000 sq. ft. 63 125 400,000 sq. ft. and over Per 1,000 sq. ft. 63 125 GASOLINE SERVICES Service station Per pump stat 63 125 INDUSTR,IAL Warehouse Per 1,000 sq. ft. 15 29 Truck terminal Per 1,000 sq. ft. 15 29 General industrial Per 1,000 sq. ft. 47 94 INSTITUTIONAL School elem. Per 1,000 sq. ft. 63 125 School middle/high Per 1,000 sq. ft. 63 125 Day care center Per 1,000 sq. ft. 63 125 Fraternal organization Per 1,000 sq. ft. 63 125 Hospital Per bed 63 125 Nursing home Per bed 63 125 Library Per 1,000 sq. ft. 63 125 RECREATIONAL Park (city/county/state) Per acre 63 125 Recreation facility-All types Per pkg space 63 125 Golf course Per hole 63 25 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-7.9-17 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 for the 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 in 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 develop- ment. (Ord. No. 00-003, Pt. A, 5-9-2000) Supp. No. 56 376 FIRE PROTECTION § 1-7.9-8 Sec. 1-7.9-7. Payment of fee. (a) The feepayer shall pay the fee 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 fire/EMS protection impact fee, the Board of the St. Lucie County Fire District may accept the offer by a developer to construct, dedicate or acquire property or equipment for the purpose of ineeting a capital public building needs of the fire district 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 1-7.9-8(e)(3) shall apply. The portion of the fee represented by the property dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the fire district or other appropriate governmental entity. If fire/EMS protection impact fees are owed, no development permits of any type may be issued for the building or structure in question while the fee remains unpaid. The county administrator may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-8. Credits. (a) Scope. Any person who shall commence any fire/EMS protection impact generating land development activity may apply for a credit against the required fire/EMS protection impact fee for any contribution, construction, or dedication of land or equipment made by such person or predecessor in interest that is accepted and received by the St. Lucie County Fire District for fire/EMS protection purposes, pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations or section 380.06, Florida Statutes, or any additional develop- ment condition imposed by the Florida Land and Water Adjudicatory Commission on a development of regional impact to the extent the contribution, payment, construction or dedication meets the same needs as the fire/EMS protection impact fee. (b) General. Any person desiring a fire/EMS protection impact fee credit, who proposes to make any contribution, construction or dedication of a fire/EMS protection facility or equipment that is consistent with both the county's comprehensive plan and the fire district's capital improvement program, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eligible for a fire/EMS protection impact fee credit. The board of county commissioners shall consult with the St. Lucie County Fire District prior to making any final determination that the proposed contribution, construction or dedication is considered to be eligible for a fire/EMS Supp. No. 56 377 § 1-7.9-8 ST. LUCIE COUNTY CODE protection impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a fire/EMS protection impact fee credit, the final amount of the credit shall be determined upon the submission of a request for fire/EMS protection impact fee credit and the entering into of a formal fire/EMS protection impact fee credit agreement. (c) Relationship of fire /EMS protection impact fee to developments of regional impact. Pursuant to section 380.06(16), Florida Statutes, the value of fire/EMS protection facilities and/or other fire/EMS protection capital improvements required pursuant to a county or city approved development order, except those deemed site related, shall be credited against the fire/EMS protection impact fee. (d) General standards for issuing fire/EMS protection impact fee credits. Prior to the issuance of any credits against the fire/EMS protection impact fee, the person who made the contribution, payment, construction or dedication of fire/EMS protection facilities or equip- ment shall enter into an impact fee credit agreement with the board of county commissioners. The following provisions are the general rules for the award of credit, supplemented and provided in this section: (1) Credit for contributions, payments, construction or dedications of the fire/EMS protection impact fee shall not be transferable as a credit against other impact fees imposed for purposes other than fire/EMS protection. (2) If allowed by the credit agreement, credits may be assigned to successors in interest provided the county receives a copy of the written agreement signed by both the assignor and the assignee that has been recorded in the Public Records of St. Lucie County, Florida. (3) No credit shall exceed the amount due for the fire/EMS protection impact fee. (4) No credit shall be given for fire/EMS protection facilities and equipment dedicated or constructed before July 1, 2000. (e) Specific standards. Credits against fire/EMS protection impact fees otherwise payable shall be allowed only under the following conditions: (1) Fire district need. The contribution, payment, construction or dedication shall meet a fire/EMS protection capital need identified in the county's comprehensive plan, the fire districts capital improvement program or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. No credit shall be given for capital improvements that do not meet a fire/EMS protection capital need identified in county's comprehensive plan, the fire districts capital improvement program or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. (2) FireIEMS Protection property dedication. Credit for the dedication of property for fire/EMS protection purposes shall be valued at one hundred twenty (120) per cent of the most recent assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey, closing costs or title Supp. No. 56 378 FIRE PROTECTION § 1-7.9-8 information provided by the feepayer to the county at the request of the county. Credit for the dedication of property shall be provided when the property has been conveyed at no charge to, and accepted by the St. Lucie County Fire District in a manner satisfactory to the St. Lucie County Fire District. If the feepayer shall opt not to have the property dedication credit determined as set out above, then the amount of credit shall be determined by the board of county commissioners based on an independent property appraisal, as described in section 1-7.9-9 of this article, prepared by an individual 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. At the option of the board, the board may request a review appraisal, as described in section 1-7.9-10 of this article provided that in the event the value established by the independent appraisal exceeds one hundred twenty (120) per cent of the assessed value by more than twenty-five (25) per cent, the board shall request a review appraisal. In the event the board determines to request a review appraisal and the determination of the value is the same or greater than value determined by the independent appraiser, then the county shall bear the cost of the review appraisal. If the determination of the value by the review appraiser is less than the value determined by the independent appraiser, then the feepayer shall pay for the cost of the review appraisal. Any independent or review appraisal submitted pursuant to this subsection shall be subject to review of inethodology and technical accuracy at the discretion of the county administrator. In the event a property owner determines to donate, and the county determines to accept, nonsite related property for any planned nonexisting fire/EMS protection facility or expansion of an e~cisting impact fee eligible public building or facility to the fire district in advance of any application for final development order approval, the board of county commissioners shall reserve the determination of value of the credit for the dedicated property until the property owner, or his assigns, seeks a final development order approval for the remainder of the property from which the dedicated property was provided. All property dedication credits shall be determined at the time contracts are let for the construction/expansion of the eligible facility or at the time a final development order approval is granted, whichever occurs first. No property dedication credit request may include the consideration of any enhancement to the value of property being dedicated as a result of the new or expanded public building construction. No property dedication credit request may include the consid- eration of any enhancement to the value of the property being dedicated as result of the overall project development. (4) Application procedure. Applicants for credit for construction of nonsite related fire/ EMS protection building, facilities or equipment shall submit documentation of the actual engineering, construction or acquisition costs to the county administrator or his designee. The county administrator or his designee shall determine credit for fire/EMS Supp. No. 56 379 § 1-7.9-8 ST. LUCIE COUNTY CODE protection 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 fire/EMS protection property, the developer shall first obtain an independent property appraisal as described in section 1-7.9-19 and provide the county administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in section 1-7.9-20. Except as provided below, credits for fire/EMS protection 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 fire/EMS protection 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. (f~ 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. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-9. Independent property appraisal. (a) If the feepayer shall opt not to have the value of any property dedication determined as set out in section 1-7.9-8(e)(3), the axnount of credit shall be deterxnined 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. Total area of property in acres or square feet. Supp. No. 56 380 d. e. f. g• h. FIRE PROTECTION § 1-7.9-9 Area of each interest in property being acquired in acres or square feet. A minimum of five (5) years delineation of title. Present use and zoning. Utilities. ~pe and condition of improvements and special features that may 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 e~usting 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 documen- tation 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. 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 (1) 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. Supp. No. 56 380.1 § 1-7.9-9 ST. LUCIE COUNTY CODE 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 (1) appro¢ch 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 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 signifi- cant 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. (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. Supp. No. 56 3802 FIRE PROTECTION § 1-7.9-10 (16) Certification dnd signature. The certification, signature and date of signature of the appraiser. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-10. 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: a. Comply with the provisions of this section. b. Follow accepted appraisal principles and techniques in the valuation of real property in accordance with e~sting 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 fu~tures 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 substan- tially 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 report with 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. Supp. No. 56 380.3 § 1-7.9-10 ST. LUCIE COiJNTY CODE b. Parties to transactions, date of purchase and deed book reference on sale of subject property and comparables. 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 greater than the value determined by the independent property appraisal (IAP) the county shall bear the cost of the review appraisal. (Ord. No. 00-003, Pt. A, 5-9-2000) Supp. No. 56 380.4 FIRE PROTECTION Sec. 1-7.9-11. Fire/EMS protection impact fee district created. § 1-7.9-11 There is hereby established one (1) fire/EMS protection impact fee district, as shown in figure 1, for all of St. Lucie County. ~ W LL U a ~J r~ ~ ~ ~ ~ c~ lL Z O H U W ~ ON I.I~ ~ VCJ G W \ W ~ ~ ~ ~ I : ~ o ~ ~ ~ 1 . ~ I ? ~ z a O N ~ U Q ~ Z 0 N W -a, ~ ~ LL U O Q W J ~ U m L f ~ Figure 1 (Ord. No. 00-003, Pt. A, 5-9-2000) Supp. No. 56 380.5 § 1-7.9-12 ST. LUCIE COIJNTY CODE Sec. 1-7.9-12. Fire/EMS protection impact fees trust fund established. (a) There is hereby established a fire/EMS protection impact fee trust fund, for the fire/EMS protection impact fees collected pursuant to this article. (b) Funds withdrawn from this account must be used in accordance with section 1-7.9-13 of this article. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-13. Use of funds. (a) The funds collected by the county and municipalities located therein shall be remitted at least monthly to the St. Lucie County Fire District. 1'he collecting governmental unit shall be entitled to up to but not more than three (3) per cent of the funds collected to compensate the entity for the administrative expense of collecting and administering the fire/EMS protection impact fee ordinance. All remaining funds collected from fire/EMS protection impact fees shall be used solely for the purpose of capital improvements to the county's fire/EMS protection facilities and equipment and not for maintenance or operations. Land acquisition and ixnprovements shall be of the type made necessary by the county's growth and development. (b) Each January the St. Lucie County Fire District 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 fire/EMS protection impact fee trust fund to specific fire/EMS protection improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same fire/EMS protection impact fee trust fund until the next fiscal period except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. (c) The St. Lucie County Board of County Commissioners and the Fire District will enter appropriate interlocal agreements between or among themselves and the governing bodies of the municipalities in the county to provide for the collection of fees imposed and to ensure proper use of the funds collected pursuant to this article. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-14. 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 four (4) per cent of the funds as an administrative fee to offset the costs of refunding. Supp. No. 56 380.6 FIRE PROTECTION § 1-7.9-16 (b) Any funds not expended or encumbered by the end of the fiscal year immediately following ten (10) years from the date the fire/EMS protection 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 (6) per cent per annum. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-15. Exemptions. (a) The following shall be exempted wholly or in part from payment of the fire/EMS protection 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 fire/EMS 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 in existence on or after July 1, 2000, with a new building or structure of the same or a different use provided that no additional need for fire/EMS protection facilities will be produced over and above those produced by the original use of the land. (4) Any claim of exemption must be made no later than the time of application for a building permit or electrical permit for a mobile home. Any claim not so made shall be deemed waived. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-16. Appeals. (a) Any decision made by the county administrator in the course of administering the provisions of this chapter may be appealed to the board of county commissioners by filing a petition of appeal within thirty (30) calendar days of the date of the rendition of the decision. (b) The board of county commissioners shall review the petition at a public meeting within thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of time is granted by the board. The board's decision shall be final for the purpose of administrative appeals. The board of county commissioners shall revoke the decision of the county administrator only if there is competent, substantial evidence in the record that the decision fails to comply with this article. (Ord. No. 00-003, Pt. A, 5-9-2000) Supp. No. 56 380.7 § 1-7.9-17 ST. LUCIE COLTNTY CODE Sec. 1-7.9-17. Review and automatic adjustment of fees. (a) The fire/EMS protection impact fee shall be adjusted by the county administrator in April of each calendar year, beginning the first year after the adoption of this article. Unless otherwise directed by the board of county commissioners, any adjustments to the fire/EMS protection impact fee, made pursuant to this section, shall be effective the first Monday in October of each calendar year. All adjustments to the fire/EMS protection impact fee shall be based on the methodology described in 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 Depart- ment of Labor, Bureau of Labor Statistics. For the purpose of this section the initial index to be referenced is January 2000. The fire/EMS protection 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 and the St. Lucie County Fire District shall review the fire/EMS protection impact fee at least once every five (5) years from the effective date of this article (October 1, 2000). (Ord. No. 00-003, Pt. A, 5-9-2000) Supp. No. 56 380.8 Chapter 1-8 FISH AND GAME* ~ Sec. 1-5-1. Length of nets in Indian River restricted; marking. (a) It shall be unlawful for any person to place or cause to be placed in the waters of Indian River in the county any net or combination of nets tied, joined or connected in any manner which exceed one thousand two hundred (1,200) yards in length. (b) Any person, firm or corporation that places or causes to be placed, or has nets placed in the waters of Indian River in the county between sunset and sunrise shall, on all nets over two hundred (200) yards in length, have and maintain a bright burning light on each end of each net. On nets having a length of two hundred (200) yards or less, where one end of the net is not more than fifty (50) yards from land, the offshore end of each net shall be marked with a bright burning light. (Ord. No. 71-8, §§ 1, 2, 12-7-71) State law reference-Stop netting prohibited, F.S. § 370.08(2). *Cross reference-Special act provisions relating to fish and game, Ch. 2-7. Supp. No. 56 381 LIBRARY § 1-11-11 county government in a sound financial basis for the use and benefit of all residents of St. Lucie County. The library advisory board shall work towards the development and implementation of sound programs for the county's public libraries through the mutual cooperation between the state, county and city governments and agencies, and shall coordinate efforts with non-governmental organizations interested in library facilities and service. (Ord. No. 95-46, § 4, 12-5-95) Sec. 1-11-5. Qualifications, regulations and contributions. The board of county commissioners will diligently work to meet the qualifications and regulations enumerated under Chapter 257, Florida Statutes, and Chapter 1B-2, Florida Administrative Code, in order to be eligible for the benefits described therein. To further this effort, the board may receive contributions restricted to use by the library system in a manner as may be designated by the contributor and not otherwise in conflict with the rules and regulations of the library system, the board of county commissioners, or the rules or laws of the State of Florida. Such contributions shall be made to the board of county commissioners/county public library system. (Ord. No. 95-46, § 5, 12-5-95) Secs. 1-11-6-1-11-10. Reserved. AR,TICLE II. LIBRARIES IMPACT FEE Sec. 1-11-11. Short title, authority, and applicability. (a) This ordinance shall be known and may be cited as the "Libraries Impact Fee Ordinance". (b) The Board of County Commissioners of St. Lucie County has the authority to adopt this article pursuant to Article VIII of the Constitution of the State of Florida and to Chapter 125 and Sections 163.3201 and 163.3202(3) Florida Statutes. (c) Pursuant to section 125.01(1)(f~, Florida Statutes, and sections 1-11-1 and 1-11-2 of the Code of Ordinances of St. Lucie County, Florida, St. Lucie County provides a public library system that serves all St. Lucie County residents. St. Lucie County is the sole provider of public library services in St. Lucie County. (d) St. Lucie County must collect library impact fees in order to provide county libraries that adequately serve the needs of all county residents including residents of the cities. Development within the cities impacts the capital public library needs of the county. (e) This article shall apply to all areas of St. Lucie County, even in the absence of interlocal agreements with the affected municipalities. (Ord. No. 95-039, Pt. A, 9-19-95; Ord. No. 00-002, Pt. A, 5-9-2000) Supp. No. 56 567 § 1-11-12 ST. LUCIE COLTNTY CODE Sec. 1-11-12. 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 necessary to provide libraries in St. Lucie County as contemplated by the St. Lucie County Comprehensive Plan. (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. (Ord. No. 95-039, Pt. A, 9-19-95) Sec. 1-11-13. Rules of construction. (a) The provisions of this article shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare. (b) For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article: (1) In case of any difference of ineaning 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 perxnissive. (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 incorpo- rated 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. Supp. No. 56 568 LIBRARY § 1-11-16 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 kind or character. (8) "County administrator" means the county administrator or whoever he/she may designate to carry out the administration of this article. (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. (Ord. No. 95-039, Pt. A, 9-19-95) Sec. 1-11-14. De~nitions. Capital improvement includes library site planning, land acquisition, site improvements, buildings, equipment and books, periodicals, videotapes, cd's and other similar library media with an expected useful life of two (2) years or more, but excludes maintenance and operation. County library system is a unit of the general government of the county charged with providing library services to the entirety of St. Lucie County, including all municipalities. 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 1-11-16 of this article. (Ord. No. 95-039, Pt. A, 9-19-95) Sec. 1-11-15. Imposition of library impact fee. (a) Any person who, after the effective date of this article, seeks to develop land by applying for the issuance of a building permit for one (1) of the residential land use types specified in section 1-11-16 of this article or an electrical permit for a mobile home park or recreational vehicle park shall be required to pay a library impact fee in the manner and amount set forth in this article. Nothing in this article shall be deemed to eliminate the requirements of Section 11.02.07 of the St. Lucie County Land Development Code. (b) No building permit for any residential land use type specified in section 1-11-16 of this article nor electrical permit for a mobile home park or recreational vehicle park shall be issued unless and until the library impact fee hereby required has been paid as provided in section 1-11-17 of this article. (Ord. No. 95-039, Pt. A, 9-19-95) Sec. 1-11-16. Computation of the amount of library impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount. Supp. No. 56 569 § 1-11-16 ST. LUCIE COiTNTY CODE LIBRARY IMPACT FEE COUNTYWIDE ASSESSMENT UNIT OF IMPACT LAND USE TYPE MEASURE FEE RESIDENTIAL Single-family Per unit $161 Mobile home/RV (MHP/R.U park only) Per unit 105 Multi-family (All types) Per unit 144 HoteUmotel Per room 0 Bed and breakfast residence Per room 0 (Does not include the primary residence. Single- family unit fee must also be assessed for the residential portion of use) All other residential Per unit 161 Note: The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-11-28 of this article. If the type of residential development activity for which a building perxnit or electrical permit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the county adxninistrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or an 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 in 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 develop- ment. (Ord. No. 95-039, Pt. A, 9-19-95; Ord. No. 00-002, Pt. A, 5-9-2000) Sec. 1-11-17. Payment of fee. (a) The feepayer shall pay the fee 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 library impact fee, the board of county commissioners may accept the offer by a developer to construct, dedicate or acquire property for part of a library facility that is consistent with the county's comprehensive plan or the adopted Comprehensive Plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. Supp. No. 56 570 LIBRARY § 1-11-18 In addition, the construction or dedication of library facilities or acquisition of property for parks purposes must only be for purposes as set out in section 1-11-18. The board of county commissioners shall credit the cost of the library improvement against the library impact fee otherwise due. The portion of the fee represented by the construction or property dedication of library facilities shall be deemed paid when the construction or dedication is completed and accepted by the county for maintenance or when adequate security for the completion of the construction has been provided. In the event the developer proposes to dedicate or acquire unimproved property, the provisions of section 1-11-18(e)(2) shall apply. The portion of the fee represented by the property dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the county or other appropriate governmental entity. If library impact fees are owed, no development permits of any type may be issued for the building or structure in question while the fee remains unpaid. The county administrator may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees. (Ord. No. 95-039, Pt. A, 9-19-95; Ord. No. 00-002, Pt. A, 5-9-2000) Sec. 1-11-18. Credits. (a) Scope. Any person who shall commence any libraries impact generating land develop- ment activity may apply for a credit against the required libraries impact fee for any contribution, construction, or dedication of land made by such person or a predecessor in interest and accepted and received by St. Lucie County for Supp. No. 56 570.1 LIBRARY § 1-11-20 as a result of the new or expanded library construction. No property dedication credit request may include the consideration of any enhancement to the value of the property being dedicated as a result of the overall project development. (3) Application procedure. Applicants for credit for construction of libraries improvements 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 libraries construction based upon these costs or upon alternative engineering and construction cost estimates if the county administrator or his designee deterxnines that such costs submitted are excessive or incomplete. (4) Acquisition by purchase or condemnation. In the event a developer is required as a condition of a final development order to acquire library property adjacent to any impact fee eligible library use as described in section 1-11-18(e)(2), the developer shall first obtain an independent property appraisal as described in section 1-11-20 and provide the county administrator with a copy of the appraisal. The county adminis- trator may obtain a review appraisal as described in section 1-11-21. Except as provided below, credits for library 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 library 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. (f~ Time of claim: waiuer. 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. (Ord. No. 95-039, Pt. A, 9-19-95; Ord. No. 00-002, Pt. A, 5-9-2000) Sec. 1-11-19. Reserved. Sec. 1-11-20. Independent property appraisal. (a) If the feepayer shall opt not to have the value of any property dedication determined as set out in section 1-11-18(e)(2), 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. Supp. No. 56 573 § 1-11-20 ST. LUCIE COLTNTY CODE (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 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 aaluation. 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. 1'he 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 documen- tation 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. 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. Supp. No. 56 574 LIBRARY § 1-11-22 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 substan- tially 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 report with 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 comparable. 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 comparable. (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 greater than the value determined by the independent property appraisal (IPA), the county shall bear the cost of the review appraisal. (Ord. No. 95-039, Pt. A, 9-19-95) Sec. 1-11-22. Libraries impact fee districts created. There is hereby established two (2) libraries impact fee districts as shown in figure 1, and generally described as follows: Supp. No. 56 ~j77 § 1-11-22 ~ ~ ~ ~ ~ ~ ~ ~ ST. LUCIE COLTNTY CODE Figure 1, LIBRARY IMPACT FEES ~ W ~ ~ ~ ~ Supp. No. 56 578 LIBRARY § 1-11-24 Libr¢ry District A: All of St. Lucie County, less the following: Begin at the center of the intersection of South 25th Street and West Midway Road (POB); thence easterly to the center of the North Fork of the St. Lucie River; thence southerly along the centerline of the North Fork of the St. Lucie River to the point of intersection with the centerline of the Florida Power and Light power lines originating at the St. Lucie power plant; easterly along said power lines to the west bank of the Indian River; thence southeasterly along the west bank of the Indian River to the Martin/St. Lucie county line; thence westerly along the Martin/St. Lucie county line to a point of intersection with I-95 and the southwest corner of the City of Port St. Lucie; thence northerly along the west city limit line of the City of Port St. Lucie to the center of the intersection of West Midway Road and Glades Cut-Off Road; thence easterly along the centerline of West Midway Road to the POB. Library District B: Begin at the center of the intersection of South 25th Street and West Midway Road (POB); thence easterly to the center of the North Fork of the St. Lucie River; thence southerly along the centerline of the North Fork of the St. Lucie River to the point of intersection with the centerline of the Florida Power and Light power lines originating at the St. Lucie power plant; easterly along said power lines to the west bank of the Indian River: thence southeasterly along the west bank of the Indian River to the Martin/St. Lucie county line; thence westerly along the Martin/St. Lucie county line to a point of intersection with I-95 and the southwest corner of the City of Port St. Lucie; thence northerly along the west city limit line of the City of Port St. Lucie to the center of the intersection of West Midway Road and Glades Cut-Off Road; thence easterly along the centerline of West Midway Road to the POB. (Ord. No. 95-039, Pt. A, 9-19-95; Ord. No. 00-002, Pt. A, 5-9-2000) Sec. 1-11-23. Libraries impact fee trust funds established. (a) There is hereby established separate libraries impact fee trust funds for the libraries impact fee districts established by section 1-11-22 of this article. (b) Funds withdrawn from these accounts must be used in accordance with section 1-11-24 of this article. (Ord. No. 95-039, Pt. A, 9-19-95) Sec. 1-11-24. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the administrative expense of collecting and administering the library impact fee ordinance. All remaining funds collected from library impact fees shall be used solely for the purpose of capital improvements to the county library system and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. Supp. No. 56 579 § 1-11-24 ST. LUCIE COUNTY CODE (b) Except for the up to four (4) per cent retainage authorized above, funds shall be used exclusively for capital improvements within the library impact fee district from which funds were collected or for projects in other districts which are of direct benefit to the district from which the funds were collected. (c) Each January the county adxninistrator shall present to the board of county commis- sioners a proposed capital improvement program for libraries, assigning funds, including any accrued interest, from the libraries impact fee trust fund to specific library improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same library impact fee trust fund until the next fiscal period except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. (d) 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 article. (Ord. No. 95-039, Pt. A, 9-19-95; Ord. No. 00-002, Pt. A, 5-9-2000) Sec. 1-11-25. 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 (3) per cent 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 ten (10) years from the date the libraries impact fee payment was received shall, upon application of the current owner within one hundred eighty (180) days of the expiration of the ten-year period, be returned to the current owner with interest at the rate of six (6) per cent per annum. (Ord. No. 95-039, Pt. A, 9-19-95) Sec. 1-11-26. Exemptions. (a) The following shall be exempted wholly or in part from payment of the library impact fee: (1) Alteration or expansion of an existing building where no additional units are created, the use is not changed, and where no additional need for libraries will be produced over and above that produced by the existing use. (2) The construction of accessory buildings or structures which will not produce additional need for libraries over and above that produced by the principal building or use of the land. Supp. No. 56 580 OFFENSES AND MISCELLANEOUS PROVISIONS § 1-14-25 (4) While containing reading matter other than advertising matter, is essentially and predominantly an advertisement and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person or entity so engaged as advertiser or distributor. Distribute shall mean to deposit, place, or throw commercial handbills. Residential premises shall mean any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Resi.den.t shall mean the owner or other occupant lawfully entitled to possession of residential premises. (Ord. No. 92-08, Pt. A, 1-21-92) Sec. 1-14-23. Distribution of commercial handbills on residential premises. It shall be unlawful for any person to distribute any commercial handbill upon any premises if the resident of the premises conspicuously displays a sign stating "No Handbills," or a blue designator indicating the resident's desire not to receive commercial handbills, or if the resident has otherwise notified such person in writing of the resident's desire not to receive commercial handbills. (Ord. No. 92-08, Pt. A, 1-21-92) Sec. 1-14-24. Egemptions. The provisions of this Article shall not apply to: (1) The distribution of mail by the United States Postal Service. (2) Newspapers, magazines, or other reading material for which a person has subscribed. (3) Official notices distributed by utilities and public health and law enforcement agencies. (Ord. No. 92-08, Pt. A, 1-21-92) Sec. 1-14-25. Enforcement. (a) Any resident of a residential premises who receives a commercial handbill in violation of section 1-14-23 may file a written complaint within ten (10) days of the alleged violation with the St. Lucie County Code Enforcement Administrator. The written complaint shall identify the date the incident occurred, the name of the commercial handbill, and the name of its distributor; if the distributor is unknown to the complainant, the written complaint shall include the name of the publisher of the commercial handbill, and the code enforcement administrator shall undertake a reasonable effort to ascertain the identify of the distributor. Supp. No. 56 741 § 1-14-25 ST. LUCIE COUNTY CODE (b) The code enforcement administrator, upon receiving the written complaint, shall forward by certified mail, return receipt requested, a copy of the written complaint to the distributor of the commercial handbill along with a written notice that the distributor immediately cease and desist from any further distribution of the commercial handbill on the residential premises of the complainant. If the distributor is an employee of the publisher, the code enforcement adxninistrator shall mail the complaint to the publisher. (c) If the distributor of the commercial handbill continues distribution to the residential premises of the complainant after notice to cease and desist, the code enforcement adminis- trator shall initiate enforcement proceedings before the code enforcement board pursuant to sections 1-2-19 through 1-2-27.3 of the Code of Ordinances of St. Lucie County, Florida. (d) In addition to the remedy set out above, the county attorney may institute any appropriate civil action or proceedings in any court to prevent, correct or abate the violation. Nothing herein shall preclude the imposition of other applicable penalties and enforcement procedures pursuant to Section 403.413, Florida Statutes, as amended. (Ord. No. 92-08, Pt. A, 1-21-92) Secs. 1-14-26-1-14-29. Reserved. ARTICLE III. MOTOR VEffiCLE TITLE LOANS Sec. 1-14-30. State law to regulate. All title loan agreements in St. Lucie County to be governed by the "Florida Title Loan Act" Laws of Fla., ch. 2000-138. (Ord. No. 00-21, Pt. A, 8-8-2000) Editor's note-Ord. No. 00-21, Pt A, adopted Aug. 8, 2000, repealed §§ 1-14-30-1-14-37 which pertained to motor vehicle title loans and derived from Ord. No, 99-25, Pt. A, adopted Dec. 7, 1999. [1'he next page is 763] Supp. No. 56 742 PAR.KS AND RECREATION § 1-15-27 (d) All skin divers entering and exiting the water within the beach areas regulated by this article shall check in and out with lifeguard personnel. (Ord. No. 82-10, Pt. A, 11-9-82; Ord. No. 88-14, Pt. A, 3-8-88) Cross reference-Animal control, § 1-4-16 et seq. Sec. 1-15-26. Group functions. No group shall hold a function or event on an area regulated by this article unless authorized by permit from the Superintendent of Recreation of St. Lucie County pursuant to applicable regulations. (Ord. No. 82-10, Pt. A, 11-9-82) Sec. 1-15-27. Permits. (a) All requests for permits required under this article shall be made in writing upon an application form to be furnished by the superintendent of recreation of St. Lucie County, which shall require the following: (1) The name and address of the applicant proposing or sponsoring the activity involved; (2) The purposes of activities to be engaged in by the participant; (3) The date and hours for which the permit is desired; (4) The specific areas for which the permit is requested; (5) The estimated number of persons who will attend or participate in the activity involved; (6) A statement of any special circumstances which are material to the permit required; (7) Utilities needed for the event; and, (8) The person who will be responsible for cleaning the area of any trash or debris, and who will be responsible should any damage occur to the facilities. (b) If the area regulated by this article will be available for use on the date and time requested and is not subject to a prior reservation, the Superintendent of Recreation of St. Lucie County may issue a permit if he finds the area use applied for to be in accordance with the purpose for which such area is designated or intended, and further, that the proposed activity will not unreasonably interfere with or detract from the general public enjoyment of the remaining areas regulated by this article, or interfere with or endanger public health, welfare, or safety, or entail unusual, extraordinary, or burdensome expense for supervision, maintenance, cleanup, or police protection by the City of Fort Pierce or the St. Lucie County Sheriff s Department. (c) Within ten (10) days after receipt of an application for permit, the Superintendent of Recreation of St. Lucie County shall either approve or deny the application and advise the applicant accordingly, either in person or by mail. If an application is denied, the Superinten- dent of Recreation of St. Lucie County at the time of notification shall apprise the applicant in writing of the reasons for such refusal. Any person aggrieved by a denial shall have the right Supp. No. 56 79g § 1-15-27 ST. LUCIE COiJNTY CODE of appeal to the board of county commissioners, which shall consider the application under the standards set forth above and, without undue delay, sustain, overrule, or modify the decision of the Superintendent of Recreation of St. Lucie County. (d) Permits shall be issued subject to applicable regulations, and to such special regulations and instructions as may be prescribed by the Superintendent of Recreation of St. Lucie County. The Superintendent of Recreation of St. Lucie County, or any officer of the Fort Fierce Police Department or the St. Lucie County Sherif~'s Department, shall have the authority to revoke a permit upon finding a violation of any provision of this article, any applicable regulation, or any condition of the permit. (Ord. No. 82-10, Pt. A, 11-9-82) Cross reference-Licenses, permits and miscellaneous business regulations, Ch. 1-12. Secs. 1-15-2~1-15-30. Reserved. AR.TICLE III. PAR,KS IMPACT FEE Sec. 1-15-31. Short title, authority, and applicability. (a) This ordinance shall be known and may be cited as the "Parks Impact Fee Ordinance". (b) The Board of County Commissioners of St. Lucie County has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and to Chapter 125 and Sections 163.3201 and 163.3202(3) Florida Statutes. (c) Pursuant to section 125.01(1)(f~, Florida Statutes, St. Lucie County has the power to provide parks in the county. St. Lucie County provides parks in the incorporated and unincorporated areas of St. Lucie County. Development within the cities impacts the capital parks needs of the county. (d) St. Lucie County must collect parks impact fees within the incorporated and unincor- porated areas of St. Lucie County in order to provide county parks that adequately serve the needs of all county residents including the residents of the cities. (e) This article shall apply to all areas of St. Lucie County, even in the absence of interlocal agreements with the affected municipalities. (Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 00-005, Pt. A, 5-9-2000) Sec. 1-15-32. 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 necessary to provide parks in St. Lucie County as contemplated by the St. Lucie County Comprehensive Plan. Supp. No. 56 794 f PARKS AND RECREATION § 1-15-33 (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. (Ord. No. 95-023, Pt. A, 9-19-95) Sec. 1-15-33. Rules of construction. (a) The provisions of this article shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare. (b) For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article: (1) In case of any difference of ineaning 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 incorpo- rated 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 kind or character. (8) Unless the context clearly indicates to the contrary, the terms "community parks" and "regional parks" shall have the same meaning as those terms are given in the St. Lucie County Comprehensive Plan. Supp. No. 56 795 § 1-15-33 ST. LUCIE COUNTY CODE (9) "County administrator" means the county administrator or whoever he/she may designate to carry out the administration of this article. (10) 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. (Ord. No. 95-023, Pt. A, 9-19-95) Sec. 1-15-34. De~nitions. Beach access area is an area developed to provide public access to waterfront recreation areas. Beach access areas include, but are not limited to, all accesses into the Atlantic Ocean; the Indian River Lagoon and its tributaries; the north fork of the St. Lucie River and its tributaries. Capital improuement includes parks planning, land acquisition, site improvements, build- ings, and equipment, but excludes maintenance and operation. 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 1-15-36A of this article. Private recreational facility is any recreational facility which is not owned by or dedicated to any governmental entity. Regional recreation area is an area providing facilities designed for outdoor recreation and leisure activities, with a service area of sixty (60) miles or more and a desirable size of at least one hundred (100) acres. Activities may include, but are not limited to: boating, fishing, or camping; bicycle, hiking, or horse trail systems; nature or husbandry centers; or sport and athletic facilities. Special recreation drea is an area designed for a single purpose or specific recreational and leisure activities that may include, but are not limited to: Golf courses, conservatories, zoos, gun or archery ranges, outdoor theaters, historic sites, marinas, botanical gardens, athletic complexes, or watersport facilities. (Ord. No. 95-023, Pt. A, 9-19-95) Sec. 1-15-35. Imposition of parks impact fee. (a) Any person who, after the effective date of this article, seeks to develop land by applying for the issuance of a building permit for one of the residential land use types specified in section 1-15-36 of this article or an electrical permit for a mobile home park or recreational vehicle park shall be required to pay a parks impact fee in the manner and amount set forth in this article. Nothing in this article shall be deemed to eliminate the requirements of Section 11.02.07 of the St. Lucie County Land Development Code. Supp. No. 56 796 PARKS AND RECREATION § 1-15-36 (b) No building permit for any residential land use types specified in section 1-15-36 of this article nor electrical permit for a mobile home park or recreational vehicle park shall be issued unless and until the parks impact fee hereby required has been paid as provided in section 1-15-37 of this article. (Ord. No. 95-023, Pt. A, 9-19-95) Sec. 1-15-36. Computation of the amount of parks impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. PARKS IMPACT FEE ' ~ COUNTYWIDE ASSESSMENT UNIT OF IMPACT LAND USE TYPE MEAS URE FEE RESIDENTIAL Single-family Per unit $403 Mobile home/R,V (MHP/R,V park only) Per unit 264 Multi-family (All types) Per unit 359 HoteUmotel Per room 260 Bed and breakfast residence Per room 260 (Does not include the primary residence. Single- family unit fee must also be assessed for the residential portion of use) All other residential Per unit 403 Note: The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-15-47 of this article. If the type of residential development activity for which a building permit or electrical permit for a mobile home park or recreational vehicle park which is being 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 for the issuance of a building permit or 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 in 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 develop- ment. The adjustment may include a credit against the fee otherwise payable of up to Supp. No. 56 797 § 1-15-36 ST. LUCIE COIJNTY CODE twenty-five (25) per cent for private recreational facilities provided to the development by feepayer if the recreational facilities serve the same purposes and functions as set forth for regional recreation areas in the St. Lucie County Comprehensive Plan. (Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 00-005, Pt. A, 5-9-2000) Sec. 1-15-37. Payment of fee. (a) The feepayer shall pay the fee 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 parks impact fee, the board of county commissioners may accept the offer by a developer to construct, dedicate or acquire property for part of a parks facility that is consistent with the county's comprehensive plan or the adopted comprehensive plan of Ft. Fierce, Port St. Lucie or St. Lucie Vfllage. In addition, the construction or dedication of park facilities or acquisition of property for parks purposes must only be for purposes as set out in section 1-15-43. The developer shall submit a cost estimate certified by a registered Florida professional engineer, architect or landscape architect acceptable to the board of county commissioners or their designee. The board of county commissioners shall credit the cost of the construction of any parks improvement against the parks impact fee otherwise due. The portion of the fee represented by the parks construction or property dedication shall be deemed paid when the construction or dedication is completed and accepted by the county, state or appropriate municipality for maintenance or when adequate security for the completion of the construction has been provided. In the event the developer proposes to dedicate or acquire unimproved property, the provisions of section 1-15-38(e)(3) shall apply. The portion of the fee represented by the property dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the county or other appropriate governmental entity. If parks impact fees are owed, no development permits of any type may be issued for the building or structure in question while the fee remains unpaid. The county administrator may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees. (Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 00-005, Pt. A, 5-9-2000) Sec. 1-15-38. Credits. (a) Scope. Any person who shall commence any parks impact generating land development activity may apply for a credit against the required parks impact fee for any contribution, construction, or dedication of land made by such person or a predecessor in interest and accepted and received by St. Lucie County, the appropriate local municipality, state or federal agency for parks facilities that are creditable pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations or section 380.06, Florida Statutes, or any Supp. No. 56 798 PARKS AND RECREATION § 1-15-38 additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of regional impact to the extent the contribution, payment, construction or dedication meets the same needs as the parks impact fee. (b) General. Any person desiring a parks impact fee credit, who proposes to make any contribution, construction or dedication of a parks facility that is consistent with the county's comprehensive plan or the adopted Comprehensive Plan of Ft. Pierce, Port St. Lucie or St. Lucie Village, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eligible for a parks impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a parks impact fee credit, the final amount of the credit shall be determined upon the submission of a request for parks impact fee credit and the entering into of a formal parks impact fee credit agreement. Supp. No. 56 798,1 PARKS AND RECREATION § 1-15-39 designee shall determine credit for parks 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 purch¢se or condemnation. In the event a developer is required as a condition of a final development order to acquire off-site park property adjacent to any impact fee eligible park as described in section 1-15-38(e)(3), the developer shall first obtain an independent property appraisal as described in section 1-15-39 and provide the county administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in section 1-15-40. Except as provided below, credits for park 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 park 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. (f) 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. (Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 00-005, Pt. A, 5-9-2000) Sec. 1-15-39. Independent Property Appraisal. (a) If the feepayer shall opt not to have the value of any property dedication determined as set out in section 1-15-38(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 p¢rent 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. Supp. No. 56 801 § 1-15-39 ST. LUCIE COiJNTY CODE 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 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 documen- tation 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. 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 (1) 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. Supp. No. 56 $02 PARKS AND RECREATION § 1-15-41 b. Parties to transactions, date of purchase and deed book reference on sale of subject property and comparables. 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 greater than the value determined by the independent property appraisal (IPA) the county shall bear the cost of the review appraisal. (Ord. No. 95-023, Pt. A, 9-19-95) Sec. 1-15-41. Parks impact fee districts created. There are hereby established two (2) parks impact fee districts as shown in figure 1, and generally described as follows: Supp. No. 56 805 § 1-15-41 ~ ~ ~ ~ V! W W lL E-- U Q tL ~ (~ ~ ~ Q ~ ST. LUCIE COUNTY CODE ~ o. W ~ N W ~ ~ F N ~ ~ m ~ ~ Figure 1, PARKS IMPACT FEES ~ Z ~ V Q W~ ~ ~ ~ O J (,~. I-- ~ Supp. No. 56 80f) PARKS AND RECREATION § 1-15-43 Park District A: All of St. Lucie County, less the following: Begin at the center of the intersection of South 25th Street and West Midway Road (POB); thence easterly to the center of the north fork of the St. Lucie River; thence southerly along the centerline of the north fork of the St. Lucie River to the point of intersection with the centerline of the Florida Power and Light power lines originating at the St. Lucie power plant; easterly along said power lines to the west bank of the Indian River; thence southeasterly along the west bank of the Indian River to the Martin/St. Lucie county line; thence westerly along the Martin/St. Lucie county line to a point of intersection with I-95 and the southwest corner of the City of Port St. Lucie; thence northerly along the west city limit line of the City of Port St. Lucie to the center of the intersection of West Midway Road and Glades Cut-Off Road; thence easterly along the centerline of West Midway Road to the POB. Park District B: Begin at the center of the intersection of South 25th Street and West Midway Road (POB); thence easterly to the center of the north fork of the St. Lucie River; thence southerly along the centerline of the north fork of the St. Lucie River to the point of intersection with the centerline of the Florida Power and Light power lines originating at the St. Lucie power plant; easterly along said power lines to the west bank of the Indian River: thence southeasterly along the west bank of the Indian River to the Martin/St. Lucie county line; thence westerly along the Martin/St. Lucie county line to a point of intersection with I-95 and the southwest corner of the City of Port St. Lucie; thence northerly along the west city limit line of the City of Port St. Lucie to the center of the intersection of West Midway Road and Glades Cut-Off Road; thence easterly along the centerline of West Midway Road to the POB. (Ord. No. 00-005, Pt. A, 5-9-2000) Sec. 1-15-42. Parks impact fee trust funds established. (a) There is hereby established a separate parks impact fee trust fund, for the parks impact fee districts established by section 1-15-41 of this article. (b) Funds withdrawn from these accounts must be used in accordance with section 1-15-43 of this article. (Ord. No. 95-023, Pt. A, 9-19-95) Sec. 1-15-43. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the administrative expense of collecting and administering the parks impact fee ordinance. All remaining funds collected from parks impact fees shall be used solely for the purpose of capital improvements to beach access areas, special recreation areas and regional recreation areas under the jurisdiction of St. Lucie County, or with prior approval of the county commission those beach access, regional recreation and special recreation areas under the jurisdiction of the City of Ft. Pierce, Port St. Supp. No. 56 $Q7 § 1-15-43 ST. LUCIE COiJNTY CODE Lucie, St. Lucie Village or the State of Florida 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) Except for the up to four (4) per cent retainage authorized above, funds shall be used exclusively for capital improvements within the parks impact fee district from which funds were collected or for projects in other districts which are of direct benefit to the district from which the funds were collected. (c) Each January the county administrator shall present to the board of county commis- sioners a proposed capital improvement program for parks, assigning funds, including any accrued interest, from the parks impact fee trust fund to specific park improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same parks impact fee trust fund until the next fiscal period except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. (d) 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 article. (Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 00-005, Pt. A, 5-9-2000) Sec. 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 shall retain three (3) per cent 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 ten (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-year period, be returned to the current owner with interest at the rate of six (6) per cent per annum. (Ord. No. 95-023, Pt. A, 9-19-95) Sec. 1-15-45. Egemptions. (a) The following shall be exempted wholly or in part from payment of the parks impact fee: (1) Alteration or expansion of an existing building where no additional units are created, the use is not changed, and where no additional need for parks will be produced over and above that produced by the existing use. (2) The construction of accessory buildings or structures which will not produce additional need for parks over and above that produced by the principal building or use of the land. Supp. No. 56 gpg Chapter 1-16.3 PUBLIC BUILDINGS Art. I. In General, §§ 1-16.3-1-1-16.3-10 Art. II. Public Buildings Impact Fee, §§ 1-16.3-11-1-16.3-27 AR,TICLE I. IN GENERAL Secs. 1-16.3-1-1-16.3-10. Reserved. AR,TICLE II. PUBLIC BUILDINGS IMPACT FEE* Sec. 1-16.3-11. Short title, authority, and applicability. (a) This article 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 article pursuant to Article VIII of the Constitution of the State of Florida and to Chapter 125 and Sections 163.3201 and 163.3202(3) Florida Statutes. (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. (e) This article shall apply to all areas of St. Lucie County, even in the absence of interlocal agreements with the affected municipalities. (Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-009, Pt. A, 5-9-2000) Sec. 1-16.3-12. 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. *Editor's note-Ord. No. 95-41, Pt. A, adopted September 19, 1995, amended the Code by adding §§ 1-19-1-1-19-17. In order to preserve the alphabetical organization of the Code, the editor has created a new chapter, Ch. 1-16.3, and has redesignated the provisions of said ordinance as a new Art. II, §§ 1-16.3-11-1-16.3-27. Supp. No. 56 857 § 1-16.3-12 ST. LUCIE COLTNTY CODE (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 necessary to 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. (Ord. No. 95-41, Pt. A, 9-19-95) Sec. 1-16.3-13. Rules of construction. (a) The provisions of this article shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare. (b) For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the te~ of this article: (1) In case of any difference of ineaning 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 incorpo- rated 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 kind or character. Supp. No. 56 85$ PUBLIC BUILDINGS § 1-16.3-16 (8) "County administrator" means the county administrator or whoever he/she may designate to carry out the administration of this article. (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. (Ord. No. 95-41, Pt. A, 9-19-95) Sec. 1-16.3-14. Definitions. Capital improvement includes, but is not limited to, site planning, land acquisition, site improvements, buildings, motor vehicles, personal equipment and comxnunications facilities with a useful life of two (2) or more years, but excludes maintenance and operation. 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 1-16.3-16 of this article. 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. (Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-009, Pt. A, 5-9-2000) Sec. 1-16.3-15. Imposition of public buildings impact fee. (a) Any person who, af~er the effective date of this article, seeks to develop land by applying for the issuance of a building permit for one (1) of the land use types specified in section 1-16.3-16 of this article 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 article. Nothing in this article shall be deemed to eliminate the requirements of section 11.02.07 of the St. Lucie County Land Development Code. (b) No building permit for any land use types specified in section 1-16.3-16 of this article 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 1-16.3-17 of this chapter. (Ord. No. 95-41, Pt. A, 9-19-95) Sec. 1-16.3-16. 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. Supp. No. 56 859 § 1-16.3-16 ST. LUCIE COiJNTY CODE PUBLIC BUILDINGS IMPACT FEE COUNTYWIDE ASSESSMENT IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEASURE 10 / 01 / 00 10 / 01 / 01 * RESIDENTIAL Single-family Per unit $220 $308 Mobile home/RU (MHP/R,V park only) Per unit 143 201 Multi-family (All types) Per unit 195 274 HoteUmotel Per room 141 198 Bed & breakfast residence Per room 141 198 (Doea not include the primary residence. Single- family unit fee must also be assessed for the residential portion of use) All other residential Per unit 219 308 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 371 552 Other office Per 1,000 sq. ft. 229 345 RETAIL TRADE Under 100,000 square feet Per 1,000 sq. ft. 293 388 100,000-399,000 square feet Per 1,000 sq. ft. 323 446 400,000 square feet and over Per 1,000 sq. ft. 257 325 GASOLINE SERVICES Service station Per pump stat 56 56 INDUSTRIAL Warehouse Per 1,000 sq. ft. 36 49 Truck terminal Per 1,000 sq. ft. 69 99 General industrial Per 1,000 sq. ft. 58 79 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 264 442 School-Middle/high Per 1,000 sq. ft. 1,024 1,952 Day care center Per 1,000 sq. ft. 227 238 Fraternal organization Per 1,000 sq. ft. 1 1 Hospital Per bed 210 368 Nursing home Per bed 209 398 Library Per 1,000 sq. ft. 353 556 RECREATIONAL Park (city/county/state) Per acre 33 56 Recreation facility-All types Per pkg. space 49 70 Supp. No. 56 860 PUBLIC BUILDINGS § 1-16.3-17 LAND USE TYPE Golf course IMPACT FEE UNIT OF fee as of fee as of MEASURE 10/01 /00 10/01 /01* Per hole 81 144 NOTE: *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 for the issuance of a building permit or an 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 develop- ment. (Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-009, Pt. A, 5-9-2000) Sec. 1-16.3-17. Payment of fee. (a) The feepayer shall pay the fee 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 commission- ers may accept the offer by a developer to construct, dedicate or acquire property or equipment for the purpose of ineeting 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 1-16.3-18(e)(3) shall apply. The portion of the fee represented by the property dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the county or other appropriate governmental entity. If public buildings impact fees are owed, no development permits of any type may be issued for the building or structure in question while the fee remains unpaid. The county administrator may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees. (Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-009, Pt. A, 5-9-2000) Supp. No. 56 861 § 1-16.3-18 ST. LUCIE COLTNTY CODE Sec. 1-16.3-18. Credits. (a) Scope. Any person who shall commence any public buildings impact generating land development activity may apply for a credit against the required public buildings impact fee for any contribution, construction, or dedication of land or equipment made by such person or a predecessor in interest and is accepted and received by St. Lucie County for public buildings facilities or equipment that are creditable pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations or Section 380.06, Florida Statutes, or any additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of regional impact to the extent the contribution, payment, construction or dedication meets the same needs as the public buildings impact fee. (b) General. Any person desiring a public buildings impact fee credit, who proposes to make any contribution, construction or dedication of a public building/facility or equipment that is consistent with the county's comprehensive plan, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eligible for a public buildings impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a public buildings impact fee credit, the final amount of the credit shall be deterxnined upon the submission of a request for public buildings impact free credit and the entering into of a formal public buildings impact fee credit agreement. (c) Relationship of public buildings impact fee to deaelopments of regional impact. Pursuant to Section 380.06(16), Florida Statutes, the value of public buildings facilities and/or other public buildings capital improvements required pursuant to a county or city approved development order, except those deemed site-related, shall be credited against the public buildings impact fee. (d) General standards for issuing public buildings impact fee credit. Prior to the issuance of any credits against the public buildings impact fee, the person who made the contribution, payxnent, construction or dedication of public buildings facilities or equipment shall enter into an impact fee credit agreement with the board of county comxnissioners. The following provisions are the general rules for the award of credit, supplemented and provided in this section: (1) Credit for contributions, payments, construction or dedications of the public buildings impact fee shall not be transferrable as a credit against other impact fees imposed for purposes other than public buildings. (2) If allowed by the credit agreement, credits may be assigned to successors in interest provided the county receives a copy of the written agreement signed by both the assignor and the assignee that has been recorded in the Public Records of St. Lucie County, Florida. Supp. No. 56 $62 PUBLIC BUILDINGS § 1-16.3-19 (f~ 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. (Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-009, Pt. A, 5-9-2000) Sec. 1-16.3-19. Independent Property Appraisal. (a) If the feepayer shall opt not to have the value of any property dedication determined as set out in section 1-16.3-18(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) yeaxs delineation of title. f. Present use and zoning. g. Utilities. h. Type and condition of improvements and special features that may 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. Supp. No. 56 865 § 1-16.3-19 ST. LUCIE COUNTY CODE (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. Wherein the income (capitalization) approach is used, there must be documen- tation 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. c. Where the cost approach is utilized, the appraisal report must contain the specific source of cost data, remaining econoxnic 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 subsections 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 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 aboveground improvements or unusual features affecting the value of the property to be taken or damaged. Supp. No. 56 866 PUBLIC BUILDINGS § 1-16.3-24 Sec. 1-16.3-22. Public buildings impact fees trust funds established. (a) There is hereby established a public buildings impact fee trust fund, for the public buildings impact fees collected pursuant to this chapter. (b) Funds withdrawn from this account must be used in accordance with section 1-16.3-23 of this chapter. (Ord. No. 95-41, Pt. A, 9-19-95) Sec. 1-16.3-23. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent 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 commis- sioners 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 article. 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 article. (Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-009, Pt. A, 5-9-2000) Sec. 1-16.3-24. 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 (3) per cent 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 ten (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-year period, be returned to the current owner with interest at the rate of six (6) per cent per annum. (Ord. No. 95-41, Pt. A, 9-19-95) Supp. No. 56 $7j § 1-16.3-25 ST. LUCIE COUNTY CODE Sec. 1-16.3-25. 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 in existence on or after January 1, 1996, with a new building or structure of the same or a different use provided that no additional need for public facilities will be produced over and above those produced by the original use of the land. (4) Any claim of exemption must be made no later than the time of application for a building permit or electrical permit for a mobile home. Any claim not so made shall be deemed waived. (Ord. No. 95-41, Pt. A, 9-19-95) Sec. 1-16.3-26. Appeals. (a) Any decision made by the county administrator in the course of administering the provisions of this chapter may be appealed to the board of county commissioners by filing a petition of appeal within thirty (30) calendar days of the date of the rendition of the decision. (b) The board of county commissioners shall review the petition at a public meeting within thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an e~ension of time is granted by the board. The board's decision shall be final for the purpose of administrative appeals. The board of county commissioners shall revoke the decision of the county administrator only if there is competent, substantial evidence in the record that the decision fails to comply with this article. (Ord. No. 95-41, Pt. A, 9-19-95) Sec. 1-16.3-27. Review and automatic ad,justment of fees. (a) The public buildings impact fee shall be adjusted by the county administrator in April of each calendar year. Unless otherwise directed by the county commission, any adjustments to the public buildings impact fee, made pursuant to this section, shall be effective the first Monday in October of each calendar year. All adjustments to the public buildings impact fee shall be based on the methodology described in paragraph (b) of this section. Supp. No. 56 872 Chapter 1-17 ROADS AND BRIDGES* Art. I. In General, § 1-17-1-1-17-15 Art. II. Special Improvement Service District, §§ 1-17-16-1-17-24 Art. III. Roads Impact Fee, §§ 1-17-25-1-17-39 Art. IV. Building and Equipment Moving, §§ 1-17-40-1-17-49 Art. V. Street and House Naming and Numbering, §§ 1-17-50-1-17-69 Art. VI. Reserved ARTICLE I. IN GENERAi. Sec. 1-17-1. Erection of signs or structures within right-of-way prohibited; removal. (a) No person, as defined in Section 1.01(3) Florida Statutes, shall erect any signs or structures within the right-of-way limits of any public road in the unincorporated areas of the county except state maintained roads. (b) The board of county commissioners shall have the authority to direct removal of any such signs or structures. However, in the event the sign or structure bears thereon the name of the owner, no such sign or structure shall be removed until the owner thereof, as shown thereon, shall have received thirty (30) days' written notice that unless such sign or structure is removed within such thirty (30) day period, it will be removed by the county. (Ord. No. 78-3, § 2, 3-21-78) Secs. 1-17-2-1-1?-15. Reserved. ARTICLE II. SPECIAL IMPROVEMENT SERVICE DISTRICT Sec. 1-17-16. Creation-Authorized. Special improvement service districts may be created and established in unincorporated areas of the county under the provisions of this article for the purpose of acquiring, leasing or installing street lighting equipment and for the payment of electrical services and current used in the operation of the same. (Ord. No. 72-2, §§ l, 2, 5-23-72) *Cross references-Ordinance provisions relating to planning, Ch. 1-16; ordinance provisions relating to traffic, Ch. 1-20; special act provisions relating to planning, Ch. 2-14; special act provisions relating to public improvements, Ch. 2-16. State law references-Authority to provide and regulate roads, F.S. § 125.01(1)(m); authority to create districts, F.S. § 125.01(1)(q). Supp. No. 56 903 § 1-17-17 ST. LUCIE COLTNTY CODE Sec. 1-17-17. Sam~Proceedings. The proceedings for the creation and establishment of a district authorized by this article shall be as follows: (a) There shall be filed with the board of county commissioners, hereinafter called the board, a petition for the creation of such district and for the levy of special assessments under the provisions of this article to pay the cost of the improvements and special services to be furnished by such street lighting district. Such petition shall be signed by the owners of not less than fifteen (15) per cent of the lots within the boundaries of the proposed district. Opposite each such signature there shall be inserted the post office address and a brief reference to the real property within the proposed district which is owned by such signer. For the purposes of such petition, the signature of any person holding a fee interest in the property shall be sufficient, and either the signature of the husband or the wife shall be sufficient in cases where the property is owned by both husband and wife. The rights of mortgagees and lienors shall not be considered. Such petition shall also set forth: (1) The proposed boundaries of the district, which shall not include any territory within the corporate limits of any municipality, and a request that a special street lighting improvement service district be created and established under the provisions of this article embracing the territory within such boundaries; (2) A brief description of any improvements to be acquired, leased or installed and an estimate of the cost thereof. (b) Upon receipt of any petition, the board shall refer the same to the county property appraiser. At the earliest practicable date, the property appraiser shall examine such petition and indicate thereon any signers who are not owners of real property in the proposed district and file with the board a report setting forth the total number of lots within the boundaries of the proposed district and the number thereof whose owners have signed such petition. (c) If such reports shall show that the petition has been properly signed, the county engineer shall make or cause to be made such surveys and investigations as he may deem necessary and thereupon file with the board his report, accompanied by a map and other pertinent data, setting forth: (1) The boundaries of the proposed district as set forth in the petition and his recommendations as to any territory within such boundaries which should be excluded from the district because of the disproportionate cost of providing for such territory the improvements or special services petitioned for or for any other reason; (2) The lceation or locations of any improvements to be acquired, leased or installed; (3) The estimated cost of such improvements; and, (4) The estimated annual expense of operating any such improvements and of providing such special services. Supp. No. 56 904 ROADS AND BRIDGES § 1-17-17 (d) If it shall appear to the board from such report of the county engineer and from such other investigations as the board may make or cause to be made, that the improve- ments and services petitioned for would be of special benefit to all real property within the proposed district and that the cost of providing such improvements and special services would not be in excess of such special benefit, the board shall fix the place and date and hour for a public hearing, and publish once in a daily newspaper published and having a general circulation in the county a notice stating that at a meeting of the board at such place and at such date and hour, not earlier than twenty-one (21) days from the date of such publication, the board will hear any objections of interested persons to the granting of such petition, which notice shall set forth a copy of the petition, excluding signatures, and brief summaries of the report of the property appraiser, and of the report and recommendations of the county administrator. In addition, notice shall be mailed to the record title holder of any property to be specially assessed at least fourteen (14) days prior to the date of the public hearing. The mailed notice shall include a brief description of the project, the proposed action to be taken by the board and the time, date and place of the hearing. (e) At the time and place stated in such notice, or at the time to which an adjournment may be taken by the board, the board shall receive and hear any objections of interested persons to the creation and establishment of the proposed district, the boundaries thereof, the special services to be provided, any improvements to be acquired, leased or installed, or the levy of special assessments therefor, or to any defect in the petition or the proceedings theretofore taken, or which question any of the powers of the board under the provisions of this article. The board may then or thereafter grant such petition with such modifications, if any, as it may deem advisable and which do not enlarge the boundaries of the district or change the general type or character of the improvements or special services to be provided. All such objections shall be made in writing, in person or by attorney, and filed with the board at or before the time or adjourned time of such hearing. Any such objections not so made shall be considered as waived. (f~ If the board shall, after such hearing, find that the improvements and special sexvices to be provided shall be of special benefit to all real property within the boundaries of such district, that the cost of providing such improvements and services shall not be in excess of such special benefits, that the apportionment of such cost by the levy of special assessments in proportion to the benefits to the properties specially benefitted by such improvements, and that the creation and establishment of such district would be in the public interest, it shall adopt a resolution reciting the proceedings theretofore taken and providing for the creation and establishment of the district. Such resolution shall set forth the following: (1) The name or designation by which the district shall be known, such as "Special Improvement Service District No. of St. Lucie County, Florida;" (2) The boundaries of the district; Supp. No. 56 905 § 1-17-17 ST. LUCIE COUNTY CODE (3) The special services to be provided in the district; (4) If any improvements are to be acquired, leased or installed in order to provide for such special services, a brief description thereof and the amount of cost of such improvements and the estimated amount required annually to pay the cost of operating such improvements or, if no improvements are to be acquired, leased or installed, the estimated annual cost of providing such special services; (5) The maximum annual assessment on all real property in the district, that will be necessary to finance such special services. (g) Such resolution shall also provide for the calling and holding of a special election in the district at which there shall be submitted to the qualified electors residing in the district the proposition whether such district shall be created and established and the improvements and special services set forth in such resolution financed as therein provided. A copy of such resolution shall be set forth in the notice of such special election. Such special election shall be called, noticed and conducted and the result thereof determined and declared in such manner as may be provided by the board, and may be held at the same time that any general or primary election is held or at any other time as shall be fixed by the board, anything in any law to the contrary notwithstanding. The question submitted shall be substantially in the following form: "Shall Special Improvement District No. of St. Lucie County, Florida, be created and established and the improvements and special services set forth in resolution adopted by the Board of County Commissioners of St. Lucie County on , , be financed as provided in said resolution?" (h) In the event the board determines that the petition has been signed by a majority of the record title holders of property within the proposed district, the board may waive the election requirement set forth in section 1-17-17(g). In such instance, the resolution adopted pursuant to section 1-17-17(~ shall indicate that the board has waived the election requirement and provide for the creation and establishment of the district without further action. (Ord. No. 72-2, § 2, 5-23-72; Ord. No. 75-2, § l, 3-5-75 (filing date); Ord. No. 87-28, Pt. A, 4-7-87; Ord. No. 2000-19, Pt. A, 5-16-2000) Sec. 1-17-18. Violation and con~rmation of creation. If an election is conducted pursuant to section 1-17-17(g) and a majority of the votes cast at the election by qualified electors residing in the district shall approve the proposal submitted at such election; the board shall adopt a resolution validating and confirming the creation of the district proposed by such election and authorizing the levy of the special assessments provided for in such section. (Ord. No. 72-2, § 3, 5-23-72; Ord. No. 2000-19, Pt. B, 5-16-2000) Supp. No. 56 906 ROADS AND BRIDGES § 1-17-25 Sec. 1-17-19. Contracts. After the adoption of the resolution as provided for in section 1-17-18 of this article the board shall enter into such contracts and agreements with any public utility companies as the board may determine are necessary to provide the special services for which a district authorized by this article was created. (Ord. No. 72-2, § 4, 5-23-72) Sec. 1-17-20. Annual assessments. In each year, before the levy of county taxes, the board shall determine the amount required in the following fiscal year, in addition to the funds then available and to become available for such purposes to pay the expenses of furnishing the special services for which the district authorized by this article was created, and the amount so determined shall be specially assessed upon all real property within the district on a pro rata basis. Such special assessments shall be extended and collected at the same time and in the same manner as county taxes are levied and collected, and shall have the same priority rights, bear interest, be subject to penalties, and be treated the same as county taxes. The proceeds of such special assessments shall, when collected, be deposited with such depositories as shall be designated by the board and applied only to the purpose or purposes for which they were assessed. (Ord. No. 72-2, § 5, 5-23-72; Ord. No. 87-28, Pt. B, 4-7087; Ord. No. 2000-19, Pt. C, 5-16-2000) Sec. 1-17-21. County authorized to advance necessary expenses. The board is authorized and empowered to appropriate and advance from its general fund the moneys to pay the expenses necessary prior to the creation of any district pursuant to this article and the receipt of district funds in order to accomplish the purposes of this article. After any district is created, the moneys so advanced shall be repaid to the general fund from district funds made available under section 1-17-20 of this article. Any moneys so advanced and expended toward the creation of any district but resulting in such district not being created shall be a county expense. The appropriation and expenditure of funds under this section is a county purpose. (Ord. No. 72-2, § 6, 5-23-72) Secs. 1-1?-22-1-17-24. Reserved. AR.TICLE III. ROADS INII'ACT FEE Sec. 1-17-25. Short title, authority and applicability. (a) This article shall be known and may be cited as the "Roads Impact Fee Ordinance." (b) The board of county commissioners of St. Lucie County has the authority to adopt this article pursuant to Article VIII of the Constitution of the State of Florida and Chapter 125 and section 163.3201 of the Florida Statutes. Supp. No. 56 907 § 1-17-25 ST. LUCIE COUNTY CODE (c) Chapters 125, 334, 335, 336 and section 380.06(15), Florida Statutes provides that counties have the exclusive responsibility for planning, building and maintaining county roads. St. Lucie County must collect road impact fees in order to construct county roads that adequately serve the needs of all county residents, including residents of the cities. Develop- ment within the cities impacts the capital road needs of the county. (d) The Fifth District Court of Appeals in the cases of City of Ormond Beach v. County of Volusia, 535 So. 2nd 302 (5th DCA 1988) and Seminole County v City of Casselberry, 541 So. 2nd 666 (5th DCA) has determined that municipal ordinances that were adopted in an attempt to opt out of a county road impact fee to pay for county roads were not valid. (e) This article shall apply to all areas of St. Lucie County, even in the absence of interlocal agreements with the affected municipalities. (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 93-002, Pt. A, 2-16-93; Ord. No. 95-12, Pt. A, 6-27-95; Ord. No. 00-004, Pt. A, 5-9-2000) Sec. 1-17-26. Intents and purposes. (a) This article 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 article 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 necessary to provide roads in St. Lucie County as contemplated by the St. Lucie County Comprehensive Plan. (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. (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 93-002, Pt. A, 2-16-93) Sec. 1-17-27. Rules of construction. (a) The provisions of this article shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare. (b) For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article: (1) In case of any difference of ineaning or implication between the text of this article and any caption, illustration, summary table, or illustrative table, the te~ shall control. (2) The work "shall" is always mandatory and not discretionary; the word "may" is permissive. Supp. No. 56 908 ROADS AND BRIDGES § 1-17-28 (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 incorpo- rated 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 kind or character. (8) A road right-of-way used to define road benefit zone boundaries may be considered within any zone it bounds. (9) "County administrator" means the county administrator and/or his or her designee. (10) Unless the conte~ 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. (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 93-002, Pt. A, 2-16-93) Cro ss reference-Zoning, App. A. Sec. 1-17-28. Imposition of roads impact fee. (a) Any person who, after the effective date of this article, seeks to develop land by making improvements to land which will generate additional traffic and which requires the issuance of a building permit or an electrical permit for recreational vehicle parks or mobile home parks shall be required to pay a roads impact fee in the manner and amount set forth in this article. Nothing in this article shall be deemed to eliminate the requirements of section 11.02.07 of the St. Lucie County Land Development Code. (b) No building permit or electrical permit for a recreation vehicle park or mobile home park for any activity requiring payment of an impact fee pursuant to section 1-17-29 of this article shall be issued unless and until the roads impact fee hereby required has been paid. (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 93-002, Pt. A, 2-16-93) Supp. No. 56 QQ9 § 1-17-29 ST. LUCIE COITNTY CODE Sec. 1-17-29. Computation of the amount of roads impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount. ROAD IlVIPACT FEE MAINLAND IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEASURE 10 / 01 / 00 10 / 01 / 01 * RESIDENTIAL Single-family Per unit $1,632 $1,823 Mobile home/R,V (MHP/R,~7 park only) Per unit 813 911 Multi-family 1 and 2 floors Per unit 1,186 1,328 Multi-family 3 floors and up Per unit 619 694 HoteUmotel Per room 1,319 1,726 Bed & breakfast residence Per room 511 838 (Does not include the primary residence. Single- family unit fee must also be assessed for the reaidential portion of use) All other residential Per unit 1,186 1,328 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 3,802 4,986 Other office Per 1,000 sq. ft. 1,090 1,114 RETAIL TRADE Under 100,000 square feet Per 1,000 sq. ft. 2,192 3,154 100,000-399,000 square feet Per 1,000 sq. ft. 2,012 2,989 400,000 or more square feet Per 1,000 sq. ft. 1,800 2,924 GASOLINE SERVICES Service station Per pump stat 3,528 6,263 INDUSTRIAL Warehouse Per 1,000 sq. ft. 366 725 Truck terminal Per 1,000 sq. ft. 740 1,464 General industrial Per 1,000 sq. ft. 385 807 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 1,006 1,006 School-Middle/high Per 1,000 sq. ft. 996 996 Day care center Per 1,000 sq. ft. 2,439 3,311 Fraternal organization Per 1,000 sq. ft. 391 762 Hospital Per bed 1,254 1,402 Supp. No. 56 910 ROADS AND BRIDGES § 1-17-29 IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEAS URE 10 / 01 / 00 10 / 01 / 01 * Nursing home Per bed 277 311 Library Per 1,000 sq. ft. 2,255 2,255 RECREATIONAL Park (city/county/state) Per acre 159 190 Recreation facility-All types Per pkg. space 229 259 Golf course Per acre 421 421 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. ROAD IMPACT FEE NORTH ISLAND IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEASURE 10 / 01 / 00 10 / 01 / 01 * RESIDENTIAL Single-family Per unit $1,684 $1,684 Mobile home/RV (MHP/RV park only) Per unit 874 874 Multi-family 1 and 2 floors Per unit 1,250 1,457 Multi-family 3 floors and up Per unit 906 906 HoteUmotel Per room 2,167 2,816 Bed & breakfast residence Per room 874 1,450 (Does not include the primary residence. Single- family unit fee must also be assessed for the residential portion of use) All other residential Per unit 1,959 2,169 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 1,511 1,965 Other office Per 1,000 sq. ft. 439 439 RETAIL TRADE Under 100,000 square feet Per 1,000 sq. ft. 1,108 1,328 100,000-399,000 square feet Per 1,000 sq. ft. 936 1,092 400,000 or more square feet Per 1,000 sq. ft. 783 944 GASOLINE SERVICES Sexvice station Per pump stat 1,309 2,274 INDUSTRIAL Warehouse Per 1,000 sq. ft. 79 79 Supp. No. 56 911 § 1-17-29 LAND USE TYPE Truck terminal General industrial INSTITUTIONAL School-Elem. School-Middle/high Day care center Fraternal organization Hospital Nursing home Library RECREATIONAL Park (city/county/state) Recreation facility-All types Golf course ST. LUCIE COLTNTY CODE UNIT OF MEASURE Per 1,000 sq. ft. Per 1,000 sq. ft. IMPACT FEE fee as of fee ¢s of 10/01/00 10/01/01* 159 159 88 88 Per 1,000 sq. ft. 433 433 Per 1,000 sq. ft. 429 429 Per 1,000 sq. ft. 1,059 1,425 Per 1,000 sq. ft. 171 328 Per bed 542 603 Per bed 121 133 Per 1,000 sq. ft. 971 971 Per acre 67 82 Per pkg. space 101 112 Per acre 181 181 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. FT. PIERCE ISLAND IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEAS URE 10 / 01 / 00 10 / 01 / 01 * RESIDENTIAL Single-family Per unit $1,340 $1,429 Mobile home/RV (MHP/R,V park only) Per unit 514 514 Multi-family 1 and 2 floors Per unit 1,141 1,162 Multi-family 3 floors and up Per unit 476 476 HoteUmotel Per room 1,317 1,660 Bed & breakfast residence Per room 497 805 (Does not include the primary residence. Single- family unit fee muat also be assessed for the residential portion of use) All other residential Per unit 1,198 1,276 OFFICE & FINANCIAL Medical of~ce Per 1,000 sq. ft. 672 953 Other office Per 1,000 sq. ft. 213 213 RETAIL TRADE Supp. No. 56 912 ROADS AND BRIDGES § 1-17-29 IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEASURE 10 / 01 / 00 10 / OZ l 01 * Under 100,000 square feet Per 1,000 sq. ft. 488 644 100,000-399,000 square feet Per 1,000 sq. ft. 411 530 400,000 or more square feet Per 1,000 sq. ft. 346 458 GASOLINE SERVICES Service station Per pump stat 1,171 2,206 INDUSTRIAL Warehouse Per 1,000 sq. ft. 38 38 Truck terminal Per 1,000 sq. ft. 77 77 General industrial Per 1,000 sq. ft. 43 43 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 88 88 School-Middle/high Per 1,000 sq. ft. 208 208 Day care center Per 1,000 sq. ft. 474 692 Fraternal organization Per 1,000 sq. ft. 82 159 Hospital Per bed 122 122 Nursing home Per bed 52 65 Library Per 1,000 sq. ft. 472 472 RE CREATIONAL Park (city/county/state) Per acre 32 40 Recreation facility-All types Per pkg. space 43 54 Golf course Per acre 88 88 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. SOUTH ISLAND IMPACT FEE UNIT OF fee as o f fee as o f LAND USE TYPE MEASURE 10 / 01 / 00 10 / 01 / 01 * RESIDENTIAL Single-family Per unit $1,821 $1,821 Mobile home/R,V (MHP/RV park only) Per unit 656 1,117 Multi-family 1 and 2 floors Per unit 1,481 1,627 Multi-family 3 floors and up Per unit 607 850 HoteUmotel Per room 1,647 2,135 Supp. No. 56 913 § 1-17-29 ST. LUCIE COUNTY CODE IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEASURE 10 / 01 / 00 10 / 01 / 01 * Bed & breakfast residence Per room 631 1,036 (Does not include the primary residence. Single- family unit fee muat also be assesaed for the residential portion of use) All other residential Per unit 1,627 1,627 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 1,322 1,719 Other office Per 1,000 sq. ft. 384 384 RETAIL TRADE Under 100,000 square feet Per 1,000 sq. ft. 968 1,161 100,000-399,000 square feet Per 1,000 sq. ft. 821 956 400,000 or more square feet Per 1,000 sq. ft. 685 827 GASOLINE SERVICES Service station Per pump stat 2,142 3,980 INDUSTRIAL Warehouse Per 1,000 sq. ft. 69 69 1Yuck terminal Per 1,000 sq. ft. 140 140 General industrial Per 1,000 sq. ft. 77 77 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 376 376 School-Middle/high Per 1,000 sq. ft. 376 376 Day care center Per 1,000 sq. ft. 924 1,248 Fraternal organization Per 1,000 sq. ft. 146 287 Hospital Per bed 475 528 Nursing home Per bed 107 117 Library Per 1,000 sq. ft. 850 850 RECREATIONAL Park (city/county/state) Per acre 72 72 Recreation facility-All types Per pkg. space 98 98 Golf course Per acre 159 159 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. If a building is requested for mixed uses, then the fee shall be determined through using the above schedule by apportioning the space committed to uses specified on the schedule. (b) If the type of development activity for which a building permit is applied is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land development on the above fee schedule. The county adminis- Supp. No. 56 914 ROADS AND BRIDGES § 1-17-29 trator shall be guided in the selection of a comparable type by Florida Department of Transportation (FDOT) and/or Institute of ~ansportation Engineers (ITE) traffic generation statistics. If the county administrator determines that there is no comparable type of land use on the above fee schedule, then the county administrator shall determine the fee by: (1) Using traffic generation statistics contained in the latest edition of the Institute of ~ansportation Engineers "14~ip Generation: An Information Report," or trip genera- tion statistics supplied and certified by a registered Florida professional engineer, and (2) Using for average trip length the average trip length of all average trip lengths for the applicable land use type as set out in this article (i.e., residential, office and financial, industrial, recreational, institutional, retail) that were used in calculating the above fee schedule, and (3) Using as a per cent new trips the average per cent new trips for the applicable land use type (i.e., residential, office and financial, industrial, recreational, institutional, retail) that were used in calculating the above fee schedule, and (4) Applying the formula set forth in section 1-17-29(c) hereof. The county administrator shall determine the applicable land use type. In the case of a change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. The county administrator shall be guided in this determination by Florida Department of ~ansportation (FDOT) and/or Institute of Transportation Engineers (ITE) traffic generation statistics. (c) If the feepayer shall opt not to have the impact fee determined according to paragraph (a) of this section, then the fee shall be determined by the county administrator based upon the traffic generation rates determined by an independent traffic study (ITS), defined in section 1-1 i-35 of this article, prepared by the feepayer and submitted to the county administrator or his designee. The following formula shall be used by the county administrator or his designee to determine the impact fee per unit: Attributable travel =(74ip rate x 1`rip length)/2 x% New trips New land miles = Attributable traveULane capacity Construction cost = New land miles x Construction cost per lane mile Right-of-way cost = New land miles x Right-of-way cost per lane mile Total cost = Construction cost + Right-of-way cost Net cost = Total cost-Offsets Supp. No. 56 915 § 1-17-29 ST. LUCIE COLTNTY CODE Impact fee = Net cost-Discount (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 87-58, Pt. A, 8-25-87; Ord. No. 89-66, Pt. A, 11-13-89; Ord. No. 93-002, Pt. A, 2-16-93; Ord. No. 95-12, Pt. A, 6-27-95; Ord. No. 95-038, Pt. A, 9-19-95; Ord. No. 97-017, Pt. A, 9-23-97; Ord. No. 00-004, Pt. A, 5-9-2000) Editor's note-Part G of Ord. No. 97-017, adopted Sept. 23, 1997, provided for an effective date of Jan. 1, 1998. Sec. 1-17-30. Payment of fee. (a) The feepayer shall pay the fee to the county administrator at any time prior to the isauance of a building perniit or electrical permit for a recreational vehicle park or mobile home park. (b) In lieu of all or part of the road impact fee, the board of county commissioners may accept the offer by a developer to construct, dedicate or acquire right-of-way for, part of a road improvement project shown in the St. Lucie County Comprehensive Plan or in the Metropol- itan Planning Organization Roads Impact Fee Eligibility Networks or appropriate to the implementation thereof. Such construction must be in addition to any road improvements required pursuant to other ordinances. In addition, the construction, dedication or acquisition of right-of-way must only be for purposes as set out in section 1-17-31. The developer shall submit a cost estimate certified by a registered Florida professional engineer and acceptable to the board of county commissioners or their designee, who shall credit the cost of the construction against the road impact fee otherwise due. The portion of the fee represented by the road construction shall be deemed paid when the construction is completed and accepted by the county or state for maintenance or when adequate security for the completion of the construction has been provided. In the event the developer proposes to dedicate or acquire right-of-way, the provisions of section 1-17-33.1(6) shall apply. The portion of the fee represented by the right-of-way dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the county or other appropriate governmental entity. (c) If road impact fees are owed, no development permits of any type may be issued for the building or structure in question while the fee remains unpaid. The county administrator may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees. (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 87-2, Pt. A, 8-25-87; Ord. No. 93-002, Pt. A, 2-16-93; Ord. No. 95-12, Pt. A, 6-27-95; Ord. No. 00-004, Pt. A, 5-9-2000) Sec. 1-17-31. Use of funds and road benefit zones. (a) All funds collected from road impact fees shall be used solely for the purpose of capital improvements or enhancements to transportation facilities associated with the arterial and collector road network of the county as identified in the county's comprehensive plan or the comprehensive plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or by the State of Florida. Road impact fees shall not be used for maintenance or operation purposes. Such improvements shall be of the type as are made necessary by the new development. Supp. No. 56 916 ROADS AND BRIDGES § 1-17-31 (b) Except as provided in paragraph (d) of this section, all funds shall be used exclusively for capital improvements within the road benefit zone from which the funds were collected or for projects in adjacent road benefit zones which are of direct benefit to the road benefit zone from which the funds were collected. Funds shall be expended in the order in which they are collected. For purposes of this article, the road benefit zones shall be as depicted in revised figure 1. (c) Each January the county administrator shall present to the board of county commis- sioners a proposed capital improvement program for roads, assigning funds, including any accrued interest, from the several special revenue funds to specific road improvement projects and related expenses. Moneys, including any accrued interest, not assigned in any fiscal year shall be retained in the same special revenue funds until the next fiscal year except as provided by the refund provisions of this article. (d) The collecting governmental entity shall be entitled to retain four (4) per cent of all impact fee funds it collects to offset the costs of administering and enforcing this article. Supp. No. 56 917 § 1-17-31 ST. LUCIE COiTNTY CODE w Z O N ~ ~ ~ W ~ W ~ ~ ~- U Q ~ ~ o . ~ ~ z j ~ ~ y ~ ~ Z y z ~ \, O 3 N y U Q o ~ N ~ ~. W U ~ '~ ~ o ~ O w V m ~ ~ Figure 1, ROADS IMPACT FEES (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 87-2, Pt. A, 8-25-87; Ord. No. 93-002, § 1, 2-16-93; Ord. No. 95-038, Pt. A, 9-19-95; Ord. No. 98-021, Pt. A, 10-20-98; Ord. No. 00-004, Pt. A, 5-9-2000) Supp. No. 56 918 ROADS AND BRIDGES § 1-17-33.1 5ec. 1-17-32. Refund of fees paid. (a) If a building permit or electrical permit for a recreational vehicle park or mobile home park expires, then the feepayer shall be entitled to a refund of the impact fee paid as a condition for its issuance except that the county shall retain six (6) per cent of the fee to offset the costs of collection and refund. (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. (Ord. No. 85-10, Pt. A, 11-12-85) Sec. 1-17-33. Exemptions. The following shall be exempted wholly or in part from payment of the roads impact fee: (1) Alterations or expansion of an e~usting building where no additional units are created, the use is not changed, and where no additional vehicular trips will be produced over and above that produced by the existing use. (2) The construction of accessory buildings or structures which will not produce additional vehicular trips 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 in existence on or after February 1, 1986, with a new building or structure (a) of the same or a different use provided that no additional trips will be produced over and above those produced by the original use of the land or (b) of the same or a different use producing additional trips but only for the original trips generated. (4) In those cases where a building permit or electrical permit for a recreational vehicle park or mobile home park was issued prior to February 1, 1986, but where the permit has since expired and more than fifty (50) per cent of the building construction was completed based on the last inspection. (5) Any claim of exemption must be made no later than the time of application for a building permit or electrical permit for a mobile home. Any claim not so made shall be deemed waived. (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 87-2, Pt. A, 8-25-87; Ord. No. 88-3, Pt. A, 1-12-88) Editor's note-Part A of Ord. No. 87-2, adopted Aug. 25, 1987, deleted subsection (b) of § 1-17-33, which subsection pertained to credits against the road impact fee. Sec. 1-17-33.1. Credits. (a) Scope. Any person who shall commence any traffic impact-generating land development activity may apply for a credit against the required road impact fee for any contribution, construction, or dedication of land made by such person or predecessor in interest and accepted and received by St. Lucie County, the appropriate local municipality, state or federal agency for transportation facilities that are creditable pursuant to this section. Consistent with the Supp. No. 56 J19 § 1-17-33.1 ST. LUCIE COUNTY CODE standards of this section, an application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations or section 380.06, Florida Statutes, or any additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of regional impact to the extent the contribution, payxnent, construction or dedication meets the same needs as the road impact fee. (b) General standards. Any person desiring a road impact fee credit, who proposes to make any contribution, construction or dedication of a transportation facility along any roadway that is identified in the county's comprehensive plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Network, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedica- tion is considered to be eligible for a road impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a road impact fee credit, the final amount of the credit shall be determined upon the submission of a request for road impact free credit and the entering into of a formal road impact fee credit agreement. Prior to the issuance of any credits against the road impact fee, the person who made the contribution, construction or dedication of transportation facilities shall enter into an impact fee credit agreement with the board of county commissioners. The following provisions are the general rules for the award of credit, supplemented as provided in this section and imple- mented by the administrative procedures: (1) Credits applied against the roads impact fee for contributions, construction or dedications shall not be transferable as a credit against other impact fees imposed for purposes other than roads. (2) If allowed by the credit agreement, credits may be assigned to successors in interest provided the county receives a recorded copy of the written agreement signed by both the assignor and the assignee. (3) No credit shall exceed the amount due for the roads impact fee. (4) No credit shall be given for dedications and transportation improvements dedicated or constructed before February 1, 1985. Any claim for credit for those improvements constructed after February 1, 1985, but prior to September 1, 1987, must be made no later than March 1, 1988, or those claims shall be deemed waived. (c) Specific standdrds. Credits against road impact fees otherwise payable shall be allowed only under the following conditions: (1) County need. The contribution, payment, construction or dedication shall meet a transportation capital need identified in the county's comprehensive plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. No credit shall be given for capital improvements that do not meet a trans- Supp. No. 56 920 ROADS AND BRIDGES § 1-17-34 (9) Time of claim; waiver. Except as provided in section 1-17-33.1(b)(4), any claim for credit must be made no later than the time of application for a building permit or for an electrical permit for a mobile home or recreational vehicle. Any claim not so made shall be deemed waived. (Ord. No. 87-2, Pt. A, 8-25-87; Ord. No. 88-34, Pt. B, 7-5-88; Ord. No. 92-05, Pt. A,1-23-92; Ord. No. 93-002, Pt. A, 2-16-93; Ord. No. 95-012, Pt. A, 6-27-95; Ord. No. 00-004, Pt. A, 5-9-2000) Sec. 1-17-34. De~nitions. (a) A"feepayer" is a person commencing traffic generating land development activity covered by this article. (b) A"capital improvement" includes traffic engineering studies, transportation planning and the right-of-way acquisition, engineering, design and construction of any road construc- tion project but does not include "periodic" or "routine maintenance," as defined in Section 334.03, Florida Statutes. (c) The "expansion" of the capacity of a road includes any widening, intersection improve- ment, signalization or other capital improvement designed to increase the road's capacity. (d) The "generation" of traffic sha11 include both the production and attraction of traffic. Land development activity shall be deemed to generate additional traffic if the result of the activity is a use of land which will generate more vehicular traffic than the pre-existing use. (e) "Level of service" is an indicator of the extent or degree of service provided by a public facility and related to the operational characteristics of the public facility. For the purpose of this article, roadway levels of service are as defined in the St. Lucie County Comprehensive Plan. (f) The term "road" includes streets, sidewalks, alleys, highways and other ways open to travel by the public including the roadbed, right-of-way and culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts necessary for the maintenance of travel. (g) A"unit" for residential, hotel and motel uses, is each entity of occupancy within a building and not the entire building. (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 88-34, Pt. A, 7-5-88; Ord. No. 92-05, Pt. B, 1-23-92; Ord. No. 93-002, Pt. A, 2-16-93; Ord. No. 95-12, Pt. A, 6-27-95) J Supp. No. 56 923 ROADS AND BRIDGES § 1-17-39 (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 no 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 greater than the value determined by the Independent Property Appraisal (IAP) the county shall beax the cost of the review appraisal. (Ord. No. 93-002, Pt. A, 2-16-93) Sec. 1-17-38. Appeals. (a) Any decision made by the county administrator in the course of administering the provisions of this chapter may be appealed to the board of county commissioners by filing a petition of appeal within thirty (30) calendar days of the date of the rendition of the decision. (b) The board of county commissioners shall review the petition at a public meeting within thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of time is granted by the board. The board's decision shall be final for the purpose of administrative appeals. The board of county commissioners shall revoke the decision of the county administrator only if there is competent, substantial evidence in the record that the decision fails to comply with this article. (Ord. No. 93-002, Pt. A, 2-16-93) Sec. 1-17-39. Review (a) The roads unpact fee shall be adjusted by the county administrator in April of each calendar year. Unless otherwise directed by the board, any adjustments to the roads impact fee made pursuant to this section shall be based on the methodology described in paragraph (b) of this section and shall be effective the first Monday in October of each calendar year. Supp. No. 56 924.7 § 1-17-39 ST. LUCIE COiJNTY CODE (b) The base for computing the adjustment is the Consumer Price Index-All Urban Consumers (base year 1995 = 100) for the United States, published by the United States Department of Labor Statistics (the index), that is published for January 1996 (the beginning index). If the index published nearest the adjustment date (the extension date) has increased over the beginning index, the fee for the following year (until the next fee adjustment) shall be set by multiplying the appropriate fee set forth in the schedule above by a fraction, the numerator of which is the e~ension index and the denominator of which is the beginning index. (c) If the index is changed so that the base year differs, 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 and shall review the roads impact fee at least once every five (5) years from the effective date of Ordinance 00-004 (October 1, 2000). (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 93-002, Pt. A, 2-16-93; Ord. No. 95-12, Pt. A, 6-27-95; Ord. No. 98-021, Pt. A, 10-20-98; Ord. No. 00-004, Pt. A, 5-9-2000) ARTICLE N BUILDING AND EQUIPMENT MOVING* Sec. 1-17-40. Permit-Required. A building, structure, or part thereof or equipment exceeding fourteen (14) feet in width shall not be moved through or across any sidewalk, street, a11ey, or other county road within St. Lucie County without first obtaining a permit from the county engineer's office. (Ord. No. 86-13, Pt. A, 10-7-86) Sec. 1-1?-41. Same-Application. (a) Any person, firm, corporation, association, governmental entity, or other such organi- zation desiring to move a building or oversized equipment shall submit a completed application to the county engineer. (b) The application for a permit shall include: (1) Type and kind of building or equipment to be moved. (2) Original cost of such building. (3) Extreme dimensions of length, height and width of the building. (4) Its present location and proposed new location by lot, block, subdivision and street numbers. *Cross references-1'raffic generally, Ch. 1-20; restrictions on heavy vehicles and equip- ment in residential areas, § 1-20-26 et seq. Supp. No. 56 924.8 ROADS AND BRIDGES § 1-17-43 (5) The approximate time such building will be upon the streets and contemplated route that will be taken from the present location to the new location. (6) List all roads and streets to be traversed and, if travel is over a state-owned right-of-way, provide a copy of the Florida Department of ~ansportation (FDOT) approved permit. (Ord. No. 86-13, Pt. A, 10-7-86) Sec. 1-17-42. Same-R,ejection of application. An application for a permit shall be rejected under the following conditions and the building or equipment shall not be moved: .(a) If, in the opinion of the county engineer, the moving of any building will cause serious injury to persons or property or serious injury to the streets or other public improvements; (b) The building to be moved has deteriorated more than fifty (50) per cent of its original value by fire or other element; or (c) The moving of the building will violate any of the requirements of this article, the Standard Building Code, or the zoning regulations. (Ord. No. 86-13, Pt. A, 10-7-86) Sec. 1-17-43. Same-Requirements prior to issuance; insurance requirements. (a) Prior to the issuance of a permit to move a building, structure, or equipment on state roads, the county engineer shall confirm that the applicant holds a permit required by the Florida Department of Transportation. (b) A certificate of insurance shall be filed with the county engineer prior to issuance of any permit to move a building, structure, or equipment. Such certificate shall certify that the applicant has public liability insurance in amounts no less than five hundred thousand dollars ($500,000.00) combined single limit for personal injury and property damage. Such insurance is required in addition to any other insurance or bond required by law or regulations. All damages or injuries caused by moving of a building, structure, or equipment shall be corrected prior to issuance of a certificate of occupancy. Failure to correct damages or injuries shall be grounds for the denial of future permits to the offending contractor. (c) The applicant shall provide proof that the applicant has complied with Section 2204.04, Standard Building Code (1985) as amended by section 1-5-17, St. Lucie County Code, and holds a valid building permit issued by the county development coordinator. (d) The applicant shall provide proof that the applicant has obtained a driveway permit, if one is required, from the county engineer. (Ord. No. 86-13, Pt. A, 10-7-86) Supp. No. 56 924.9 § 1-17-44 ST. LUCIE COUNTY CODE Sec. 1-17-44. Same-Notices to be given; contents. (a) Prior to issuance of the permit, the applicant shall provide written proof to the county engineer that notices have been provided and written approval of the move has been received from the following: (1) The Fort Pierce-St. Lucie County Fire District; Supp. No. 56 924.10 Chapter 1-20.5 WATER AND SEWER Art. I. Regulation of Water and Sewer Utilities, §§ 1-20.5-1-1-20.5-34 Art. II. Water Shortage Plan, §§ 1-20.5-35-1-20.5-49 Art. III. Fluoridation of Water Systems, §§ 1-20.5-50, 1-20.5-51 Art. N Uniform Water and Sewer Service Policy, §§ 1-20.5-52-1-20.5-58 AR,TICLE I. REGULATION OF WATER AND SEWER UTILITIES* Sec. 1-20.5-1. Standards for fire hydrant installation. Any person providing water service and installing water mains, lines or connections within unincorporated St. Lucie County shall comply with the following standards for water mains, lines or connections installed or replaced after the effective date of this section: (1) There shall be fire hydrants located and in service within six hundred (600) feet of each other in all areas zoned for single-family residential usage, multifamily, commercial, and industrial usage for flows requiring one thousand (1,000) gallons per minute. The hydrant spacing requirements shall be one thousand (1,000) feet for fire flows requiring five hundred (500) gallons per minute. (2) All fire hydrants shall be located within dedicated public or private rights-of-way, which shall be paved or readily traversable by firefighting equipment, with required minimum separation distance to be measured by roadway travel thereon. (3) All water mains intended and providing water for fire protection shall have a diameter of no less than eight (8) inches, except that lower sizes of not less than six (6) inches may be allowed by the St. Lucie County Fire District based on needed fire flow as determined by the fire district. (4) The minimum size water main(s) and fire flows shall be determined by the fire marshal and based on the current Insurance Service Office (ISO) requirements. (5) There shall be no requirements for the establishment of fire hydrants in areas zoned for agricultural usage. (6) For the purposes of this section, person means any developer, property owner, private utility or public, governmentally owned utility providing water service in unincorpo- rated St. Lucie County. (Ord. No. 99-22, Pt. A, 12-7-99; Ord. No. 00-17, Pt. A, 6-13-2000) Secs. 1-20.5-2-1-20.5-34. Reserved. *Editor's note-Ord. No. 92-20, Pt. A, adopted May 19, 1992, repealed former Art. I, §§ 1-20.5-1-1-20.5-23, in its entirety. FormerArt. I derived from Ord. No. 87-46, Pt. A, adopted Sept. 8, 1987; Ord. No. 90-44, Pt. A, adopted Sept. 18, 1990; Ord. No. 91-25, Pt. A, 10-15-91. Supp. No. 56 1095 § 1-20.5-35 ST. LUCIE COLTNTY CODE AR,TICLE II. WATER SHORTAGE PLAN* Sec. 1-20.5-35. Intent and purpose. It is the intent and purpose of this article to protect the water resources of the county from the harmful effects of overutilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implemen- tation of its water shortage plan. (Ord. No. 89-30, Pt. A, 5-23-89) Sec. 1-20.5-36. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. District is the South Florida Water Management District. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Water resource means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground. Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require a temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought. Water shortage emergency means that situation when the powers which can be exercised under part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. (Ord. No. 89-30, Pt. A, 5-23-89) Sec. 1-20.5-37. Application of article provisions. The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the "water shortage" or "water shortage emergency," as *Cross reference-Water, Ch. 2-17. State law references--Regulation of water use and allocation of available water supplies during periods of water shortage, F.S. Ch. 373; water shortage plan, Ch. 40E-21, Florida Administrative Code. Supp. No. 56 1096 CODE DISPOSITION TABLE Ordinance Number Subject Section 98-09 Cable television franchise or- Pt. A dinance 98-10 Historical commission Pt. A 98-11 Procedure for creation of mu- Pt. A nicipal service benefit units 98-12 Historical commision Pt. A 98-019 Amends land development code 98-020 Amends land development code 98-021 Road impact fees Pt. A 98-022 Contractors examining board Pt. A 98-25 Maximum fee for towing of Pt. A immobilized, wrecked ordisabled vehicles 99-002 Amends land development code 99-07 Art; art in public places Pt. A 99-09 Law enforcement training Pts. A-D fees; law library fees Pt. E 99-10 Alarm systems Pt. A Pts. B-H 99-11 Longevity and special recog- Pts. 1, B nition awards to county em- ployees; food and non-alco- holic beverage expenditures 99-13 Encourages economic devel- opment in the county Supp. No. 56 3752.3 Disposition 1-5.5-9-1- 5.5-12, 1-5.5-15, 1-5.5-19, 1-5.5-23, 1-5.5-29, 1-5.5.30, 1-5.5-33, 1-5.5-35, 1-5.5-3 7, 1-5.5-38, 1-5.5-41, 1-5.5-42, 1-5.5-45 1-16-41, 1-16- 42, 1-16-44 1-13.5-7(d) 1-16-42 1-17-31, 1-17-39 2-5-4 1-20-16(c) 1-4.5-1- 1- 4.5-5 1-7-1-1-7-4 2-10-17 1-2.5-3 1-2.5-7- 1- 2.5-13 1-2-16.1, 1-2- 16.2 ST. LUCIE COUNTY CODE Ordinance Number Subject Section Disposition 99-016 Amends land development code 99-21 Local option motor fuel tax Pt. A 1-19.3-41, 1-19.3-43 99-22 Standards for fire hydrant Pt. A 1-20.5-1, installation; enforcement 1-20.5-40 99-24 Display of state registration Pt. A 2-5-6 and county certification num- bers 99-25 Motor vehicle title loans Pt. A 1-14-30-1- 14-37 99-27 Civil traffic infraction fund Pt. A 1-7-13 99-029 Reserve Community Devel- Pt. A 1-6.5-70 opment District #2 -1-6.5-73 00-002 Libraries impact fee Pt. A 1-11-11(c)(d), Rnbd 1-11-11(c) as 1-11-11(e), 1-11-16(a), 1-11-17(a), 1-11-18(a), 1-11-22, 1-11-24(a)(b) 00-003 Fire/EMS protection impact Pt. A Added ch.1-7.9(title), fee 1-7.9-1-1- 7.9-17 00-004 Road impact fee Pt. A 1-17-25, 1-17- 29(a)(b)4(c), 1-17-30(a), 1-17-31(b)(d), 1-17-33.1(a), 1-17-39(a)(d) 00-005 Parks impact fee Pt. A Added 1-15-31(c)(d), Rnbd 1-15-31(c) as 1-15-31(e), 1-15-36(a), 1-15-37(a), 1-15-38(a), 1-15-43(a)(b) 00-009 Public buildings impact fee Pt. A 1-16.3-11(c~ (e), Rnbd 1-16.3-11(c) as 1-16.3-11(e), 1-16.3-14(a), 1-16.3-16(a), 1-16.3-17(a), Supp. No. 56 3752.4 ~ Ordinance Number 00-17 2000-19 00-21 00-22 00-23 00-26 00-27 00-28 00-30 Supp. No. 56 CODE DISPOSITION TABLE Subject Sectio Standards for fire hydrant Pt. A installation Amending street lighting dis- Pt. A trict Pt. B Pt. C Repeal Ord. No. 99-25 and Pt. A add new art. III Motor Vehi- cle title loans Exemption from certain ad valorem for Bee Electronics Exemption from certain ad valorem for Centaur Manu- facturing Exemption from certain ad valorem for Blue Water Sport Fishing Boats, Inc. Exemption from certain ad valorem for QVC St. Lucie, Inc. Exemption from certain ad valorem for Orchid Island Juice Company Amends art in public places Pt. A Pt. B Pt. C 3752.4.1 n Disposition 1-16.3-18(a), 1-16.3-23(a) 1-20.5-1(f) 1-17- 17(b)(cx3)(4)(d)( fl( 5)(g)(h) 1-17-18 1-17-20 Rpld 1-14-20-1- 14-37 Added art. III(title), 1-14-30 1-4.5-1 1-4.5- 2(a)(b)(g) 1-4,5-3(d)(1) CODE DISPOSITION TABLE Disposi- Chapter Subject Section tion 77-645 St. Lucie County-Ft. Pierce Fire Pre- vention and Control District; emergency equipment and ambulance employees 78-608 St. Lucie County-Ft. Pierce Fire Pre- vention and Control District; commis- sioners 78-609 Ft. Pierce Farms Water Management District; maintenance tax 78-610 School board; group insurance 79-559 St. Lucie County-Ft. Pierce Fire Dis- trict authorized to borrow certain sum each year 79-560 Amends Ch. 68-102 (prohibition of 1 2-4-1 airboats in the savannahs) 80-598 Mosquito control district boundaries 2-9-16 83-510 St. Lucie County-Fort Pierce Fire Dis- trict Board of Commissioners 83-511 Environmental control 1-24 2-6.5-1- 2-6.5-24 83-512 Court fees for law library funding 2-10-17 84-521 Insurance for retired fire district employ- ees 84-522 Establishment of water districts 86-347 Water and sewer 86-437 Animal control 1(1-4) 2-3-31-2- 3-34 87-448 Fort Pierce Farxns Water Control Dis- trict, board of supervisors 87-510 Mosquito control district; amends Ch. 1 2-9-16 29502, as amended 2 2-9-19 3 2-9-40.1 88-515 St. Lucie County Port and Airport Au- thority; repeals Ch. 61-2754, as amended; repealed by Ch. 98-497 88-516 Law libraries 1 2-10-16 89-475 Sheriffs office employees, civil service system 90-470 Payment of taxes before recording plats 1 2-14-21 Supp. No. 56 377'7 ST. LUCIE COUNTY CODE Chapter Subject Section 96-461 Mosquito control district; amends Ch. 1 29502, as amended by Chs. 59-174 and 87-510 97-354 Erosion district; amends Ch. 67-2001 1, 2 3-5 98-497 2000-138 6 7, 8 9 10-13 14 15-24 25 St. Lucie County Port and Airport Au- thority; dissolution of; repealed Chs. 88- 515 and 97-377 Motor vehicle title loans Pt. A Disposi- tion 2-9-19 2-6-16, 2-6-17 2-6-19-2- 6-21 2-6-18 2-6-22, 2-6-23 2-6-23.1 2-6-24-2- 6-27 2-6-37 2-6-28-2- 6-36 2-6-38 1-14-30 Supp. No. 56 [The next page is 3827] 3778 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text, of references to the state law or related matters. FL Constitution Section this Code Art. V 1-7-1 Art. VII, § 6(b) 1-7.6-31 Art. VII, § 9(b) 1-13.5-4, 1-13.5-9 Art. VIII 1-6.5-51(b), 1-7.9-1(b), 1-11-11(b), 1-15-31(b), 1-16.3-11(b), 1-17-25 Art. VIII, § 1(~ 1-3-10, 1-6.5-51(c), 1-17-25 Art. X, § 4 1-6.8-26, 2-6-18 F.A.C. Section this Code Ch. 1B-2 1-11-5 Ch. 9J-5 1-16-21 Ch. 10-9 1-7.6-34(a)(1) Ch. lOD-4 1-7.6-34(a)(3) Ch. lOD-6 1-7.6-34(a)(3) lOD-6.52 1-10-21(a) Ch. lOD-10 1-7.6-34(a)(1) Ch. lOD-66 1-12.5-3, 1-12.5-7, 1-12.5-9 lOD-66.61 1-12.5-13 Ch. 17-3 1-7.6-34(a)(3) Ch. 17-4 1-7.6-34(a)(3) Ch. 17-7 1-7.6-34(a)(4), 1-10-21(a) 1-10-23(a), (d) Ch. 17-22 1-20.5-13(b) 17-550.310 1-20.5-151 17-550.320 1-20.5-151 17-555.325 1-20.5-151 17-555.520 1-20.5-151 Ch. 40E-21 Ch. 1-20.5, Art. II, 1-20.5-36, 1-20.5-38 Ch. 91-37.004 1-10.5-37 F.S. Section Section this Code 1.01(3) 1-17-1(a) 1.01(15) 1-12-26(a) 28.24 1-7-5 Ch. 2-10, Art. II(note) 30.55 1-18-1 39.01 1-6-16 43.28 1-16.3-11(c) Ch. 48 1-4-20(c)(4) Ch. 50 1-2-27.2(b)(1) 50.041 1-2-272(b)(2) 50.051 1-2-272(b)(2) Ch. 73 2-6-1 Ch. 74 2-6-1 86-437 1-4-26 Supp. No. 56 3827 ST. LUCIE COUNTY CODE F.S. Section 100.211-100.291 100.342 112.061 112.08 112215 Ch. 125 125.01 125.01(e) 125.01(fl 125.01(k) 125.01(m) 125.01(n) 125.01(1)(c) 125.01(1)(fl 125.01(1)(j) 125.01(1)(k) 125.01(1)(m) 125.01(1)(n) 125.01(1)(q) 125.01(1)(0), (w) 125.0104 125.0104(3)(a) 125.0104(3)(g) 125.0104(5) 125.0104(8) 125A104(10) 125.031 125.35 125.69 125.70-125.74 125.901 Ch. 129 156.601 et seq. 161.053 Ch. 162 Ch. 163 163.3161 et seq. 163.3161-163.3211 Section this Code 2-1-2 1-19.3-75 1-6-34(d), 2-9-19, 2-15-6 2-1-31 1-14.5-21 1-7-20, 1-6.5-51(b), 1-7.9-1(b), 1-11-11, 1-15-31, 1-16.3-11, 1-17-25, 1-19.3-54 Ch. 1-2.5(note) Ch. 1-6.5, 1-6.5-21 Ch. 1-2.3 1-11-1 Ch. 1-10, Art. II(note), Ch. 1-7.6, Art. II(note) Ch. 1-2.3, Art. II 1-12.5-2 1-16.3-11(c) Ch. 1-11(note), 1-11-11(c), 1-15-31(c) Ch. 1-15(note) Ch. 2-6(note) Ch. 1-9(note) Ch. 1-17(note) 1-20-17(note) Ch. 1-13.3, Art. II(note) Ch. 1-17(note) 1-3-10 1-19.3-30, 1-19.3-31, 1-19.3-32(f~ 1-19.3-32(c) 1-19.3-32(a) 1-19.3-32(a) 1-19.3-32(d) 1-19.3-32(a) 2-1-2 2-1-3 1-3-17(b), 1-5.5-59(c), 1-7.6-38, 1-7.8-17, 1-13.8-21 Ch. 2-1, Art. II(note) 1-6-38 1-13.5-4 1-10.5-21 1-7.6-53 1-5-10 1-6.5-52(d), 1-7.9-2(c) 1-17-26(c), 1-19.3-54 1-16-16, 1-16-21 1-20.56-4(3) Supp. No. 56 3828 I F.S. Section 163.3178 163.3201 163.3202 163.3202(3) Ch. 177 186.901 Ch. 189 Ch. 190 190.005 Ch. 192 192.091(2)(b)2 Ch. 196 196.295 Ch. 197 197.322 197.363 197.3632 197.3635 205.171(4) Ch. 206 Ch. 212 Ch. 212, Pt. I 212.03 212.054 212.054(2)(b) 212.055(2) 212.055(2)(c) Ch. 214 218.62 220.15(5) 235.19 235.193 Ch. 257 Ch. 286 Ch. 287 287.055 287.055(2)(j) 287.055(10)(c) Ch. 293 Ch. 294 Ch. 316 316.006(3) 316.008 316.008(6) 316.0261 Supp. No. 56 STATUTORY REFERENCE TABLE Section this Code 1-6 1-7.9-1(b), 1-11-11, 1-15-3 1, 1-16.3-11, 1-16.3-12 1-6.5-52(d),1-11-11, 1-11-12, 1-15-31, 1-15-32, 1-16.3-11, 1-17-26(c) 1-7.9-1(b) 1-5.5-10 1-12-22(1) 2-6-21 1-6.5-24 Ch. 1-6.5, Art. III, 1-6.5-21 1-19.3-54 1-13.5-10(i)(3) 1-19.3-54 1-6.5-57(b) 1-13.5-10(i), 2-6-23 1-13.5-10(i) 1-13.5-10(i)(6) 1-13.5-6(g), 1-13.5-7, 1-13.5-10(i), 1-13.5-11 1-13.5-6(g), 1-13.7-7, 1-13.5-10(i), 1-13.5-11 1-12-26(d) 1-19.3-41, 1-19.3-81 1-19.3-30-1-19.3-32 1-19.3-54, 1-19.3-32(b) 1-19.3-30 1-19.3-71 1-19.3-54 1-19.3-51, 1-19.3-71 1-19.3-72 1-19.3-55, 1-19.3-73 1-19.3-54 1-19.3-55, 1-19.3-73 1-19.3-55 1-6.5-51(b) 1-6.5-51(b), 1-6.5-52(c) 1-11-3, 1-11-5 1-6.8-25 1-2-41 1-2-48(b) 1-2-48(a) 1-2-45 1-7-3 1-7-3 1-13.8-19(1)(e), 1-7-12 Ch. 1-20(note) Ch. 1-20(note) 1-18-2 Ch. 1-20(note) 3829 ST. LUCIE COUNTY CODE F.S. Section Section this Code 316.121 Ch. 1-20(note) 316.189(2) 1-20-1 316.193 1-7-22(a), 1-13.3-20 316.194 1-20-16 316.1958 1-2.3-22, 1-20-26, 1-20-27 316.660 1-7-12 3162065(3)(d), (16) 1-20-61 318.14 1-7-12 318.18(1~318.18(6) 1-7-8 31821 1-7-12 320.0848 1-2.3-22 320.084 1-20-26, 1-20-27 320.0842 1-20-26, 1-20-27 320.0843 1-20-26, 1-20-27 320.0845 1-20-26, 1-20-27 Ch. 324 1-13.3-20 Ch. 327 1-7.6-38 327.60(2) Ch. 1-7.6, Art. II(note) 327.72, 327.73 1-5-10 Ch. 334-336 1-17-25 334.03(7) 1-17-34 336.021 1-17.3-81 336.025 1-19.3-41 336.025(4) 1-19.3-42(a) 336.025(5)(b) 1-19.3-42(b) 341.102 1-13.3-17 344.03(13), (18) 1-17-34 364.3375 1-12-54 365.171(13) 1-2-2 370.08(2) 1-8-1 Ch. 380 1-6.5-52(d), 1-7.9-2(c) 380.03 Ch. 1-16(note) 380.06 1-6.5-73, 1-7.9-8(a), 1-11-18(a), 1-15- 38(a), 1-16.3-18(a) 380.06(15) 1-17-25 380.06(16) 1-6.5-52(d), 1-6.5-57(d), 1-7.9-8(c), 1-11-11, 1-11-18(c), 1-15-32, 1-15-38(c), 1-16.3-12, 1-16.3-18(c), 1-17-26(c) 380.061 1-6.5-73 Ch. 381 1-7.6-34(a)(3) 381.031(1)(g)(3) Ch. 1-9(note) Ch. 386 1-7.6-34(a)(3) Ch. 395 1-12.5-3, 1-12.5-6, 1-12.5-7, 1-12.5-9 Ch. 401 1-12.5-1, 1-12.5-7, 1-12.5-9, 1-12.5-17 40125 1-12.5-3 401255(1) Ch. 1-10, Art. II(note) 401255(2)(c) 1-10-22(c)(1) 401255(2)(d) 1-10-22(c)(2) 401.255(2)(g) 1-10-22(c)(5) 401255(2)(h) 1-10-22(c)(6) 40126(2) 1-10-22(c)(6) Supp. No. 56 3830 F.S. Section 401281 401.44 Ch. 403 420.9072 Ch. 471 471.023 474202 Ch. 481 481.219 481229(1)(b) 481.319 Ch. 489 489.105(4), (5) 489.119 489.131 Ch. 538, Pt. I 538.03(1)(a) 561.01(4)(b) 561.01(15) Ch. 527 Ch. 562 Ch. 567 Ch. 568 Ch. 588 Ch. 616 Ch. 679, Pt. V 696.05 Ch. 713 767.1~767.14 767.11(1) 767.13 775.08 775.082 775.083 775.084 790.07 Ch. 796 806.101 Ch. 828 828.05 828.055 828.058 828.27 828.27(2) 837.06 847.07(2) 847.09(1) 847.013(4) 856.011 856.015 865.09 STATUTORY REFERENCE TABLE Section this Code 1-10-22(c)(3) 1-2.5-3 1-7.6-34(a)(3), 1-13.8-19(1)(e) Ch. 1-10.5, Art. N 1-2-47, 2-5-3 1-2-47 2-3-31(e) 1-2-47, 2-5-3 1-2-47 2-5-3 1-2-47 1-6.8-22, 2-5-5, 2-5-20 1-6.8-22 1-2-47 2-5-4(g) 1-14-30 1-14-30 1-3-5 1-3-1 2-5-3 1-7-22(a) 1-7-22(a) 1-7-22(a) 1-4-22 1-12-35 1-14-33 2-1-4 2-5-20 1-4-20(a) 1-4-20(c) 1-4-20(i) 1-4-26, 2-3-33, 2-6.5-16 1-4-20(g), (i), 1-6.8-23 1-4-20(g), (i), 1-6.8-23 1-4-20(i) 1-7.8-19(c)(1) 1-13.3-20 1-2.5-3 2-3-34 1-4-23 1-4-23 1-4-23 1-4-27 1-4-24(d) 1-7.8-17(p) 1-14-2 1-14-2 1-14-2 1-7-22(a) 1-7-22(a) 2-5-9 Supp. No. 56 3831 ST. LUCIE COUNTY CODE F.S. Section Section this Code Ch. 893 1-7-21, 1-7-22, 1-7.8-17(h), 1-7.8-19(d) 893.02 1-13.3-20 893.13 1-7-20, 1-7-22(a) 893.165 1-7-20 938.01(1) 1-7-1 938.15 1-7-1 939.18 1-7-6.5 943.10 2-3-31(e) 943.12 1-20-26 94325(4) 1-7-1 94325(13) 1-20-32 993.02 1-13.3-24 Laws of Fla. Section this Code 57-1790 1-7-6 71-895 1-7-6 85-255 1-7-8(a) 87-239, § 2 1-19.3-51, 1-19.3-55 ch. 2000-138 1-14-30 Supp. No. 56 3832 [The next page is 3849] CODE INDEX Section CHAUFFEURS. See: MOTOR CAR,RIERS CHILDREN. See: MINORS CHURCHES Alcoholic beverages, distance restrictions ..................... 1-3-2 et seq. See: ALCOHOLIC BEVERAGES CIRCUSES Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) CLAIRVOYANTS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) CLUBS Persons defined to include .... ................................... 1-1-2 CODE ENFORCEMENT BOAR,D Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 1-2-27.1 Calling and conduct of hearings ... . .. .. . ....... . .. . .. . ........ . 1-2-23 Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-21(c) Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-21~c) Composition ....................................................... 1-2-2 1(a) Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-21(d) Created ............................................................ 1-2-19 Definitions ........................................................ 1-2-20 Duration of lien ................................................... 1-2-26 Enforcement procedure ... .... . .. . . . . . .. .. . .. . . . . . ... .. . . . ...... . 1-2-22 Hearings Calling and conduct o£ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 1-2-23 Lien, duration of .................................................. 1-2-26 Meetings Failure to attend ............................................... 1-2-2 1(b) Members Appointment of ................................................. 1-2-2 1(b) Failure to attend meetings .................................... 1-2-2 1(b) Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-21( a) Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-21(b) Vacancies ........................................................ 1-2-2 1(b) Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-272 Orders Penalty for failure to comply with .. . .. .. ... . . . . .. . . .. .. .... . 1-2-25 Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-21 Per diem expenses ................................................ 1-2-2 1(c) Powers ............................................................. 1-2-24 Provisions of article supplemental .. . .. . . . .. .. . .. .. . .. . ........ . 1-2-27.3 Qualifications . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 1-2-21(a) Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-21(c) Terms .............................................................. 1-2-2 1(b) Supp. No. 56 3855 ST. LUCIE COUNTY CODE Section CODE ENFORCEMENT BOARD (Cont'd.) Vacancies ... . ... .. . . .. . . .. . . .. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . 1-2-21(b) Violations; penalties Failure to comply with order . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-25 CODE OF ORDINANCES* Altering Code ..................................................... 1-1-7 Catchlines ......................................................... 1-1-4 Cited ............................................................... 1-1-1 Definitions ........................................................ 1-1-2 Designated ........................................................ 1-1-1 General penalty ................................................... 1-1-8 Jurisdiction ....................................................... 1-1-6 Officers and employees not liable to fine for failure to perform duties ............................................... 1-1-9 Ordinances and resolutions not affected by Code ............. 1-1-3 Repeal of ordinances, effect of ........ .. .... ... .... . ... ...... .. . 1-1-5 Rules of construction ............................................. 1-1-2 Severability of parts of Code .... ...... ......... .. .. ....... . ..... 1-1-10 COMMISSIONERSAND COMMITTEES. See: DEPARTMENTS AND OTHER AGENCIES OF COUNTY COMMUNITY DEVELOPMENT Educational facilities impact fee Authority, applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-51 Definitions ...................................................... 1-6.5-54 Exemptions ..................................................... 1-6.5-60 Fee schedule .................................................... 1-6.5-56 Funds, use of ................................................... 1-6.5-58 Imposition of ................................................... 1-6.5-5 5 Intents, purposes ............................................... 1-6.5-52 Payment of fee; credits ........................................ 1-6.5-5 7 Refund of fees paid ............................................ 1-6.5-59 Review .......................................................... 1-6.5-6 1 Rules of construction .......................................... 1-6.5-53 Schedule ........................................................ 1-6.5-56 Short title ....................................................... 1-6.5-5 1 Lake Lucie Community Development District Boundaries ...................................................... 1-6.5-3 2 E stablished ..................................................... 1-6.5-3 1 Initial board of supervisors . ...... ....... .... .... . ... .. . ...... 1-6.5-33 Special conditions .............................................. 1-6.5-34 Pine Valley Community Development District Authority for adoption of provisions . . . . . . .. . . . . . . . . . . . . .. .. . 1-6.5-21 Established; boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-22 Governance by Florida Statutes .............................. 1-6.5-24 *Note-The adoption, amendment, repeal, omissions, effective da te, explana- tion of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. Supp. No. 56 3856 CODE INDEX Section COMMiJNITY DEVELOPMENT (Cont'd.) Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-23 Reserve Community Development District Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-36 Established .......... .... .... ... . . .. . . . ..... . ... ... . ... . ... ..... 1-6.5-35 Initial board of supervisors ...... .... . ....... . ... .. .. . .. . ..... 1-6.5-37 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-35 Special conditions .............................................. 1-6.5-38 Reserve community development district #2 Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-71 Established; name ............................................. 1-6.5-70 Initial board of supervisors . .. .. .. .. .. . ... .. . .. .. . ... .... ... . . 1-6.5-72 Special conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-73 COMMUNITY TELEVISION COMPANIES Occupational license taxes and regulations ................... 1-12-40 COMPENSATION PROGRAM. See: OFFICERS AND EMPLOY- EES COMPILED LAWS Compilation of special acts ...................................... 2-1-1 et seq. COMPREHENSIVE PLAN Provisions enumerated ........................................... 1-16-16 et seq. See: PLANNING CONSTRUCTION. See also: BUILDINGS Drainage facilities, construction of . .... ........... . ....... . .. . . 2-6-1 On-site sewage disposal systems Construction of on Hutchinson Island . . . . . . . . . . . . . . . . . . . . . . . 1-7.6-42 Zoning and building regulations; construction permit re- quired ......................................................... 2-14-40 CONTRACTORS Airports and aircraft, vehicular access requirements re ..... 1-2.3-41 Licensing and examination of construction contractors ...... 2-5-1 et seq. See: BUILDINGS Occupational license taxes and regulations ................... 1-12-38 CONTR,ACTORS (Unlicensed) Appellate review .................................................. 1-6.8-27 Civil penalties; collection and recovery of ..................... 1-6.8-26 Civil penalties in citations; schedule of . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-29 Definitions ........................................................ 1-6.8-22 Enforcement procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-24 Hearings; board ................................................... 1-6.8-25 Supplemental nature of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-28 Uncertified/unregistered/unlicensed contractors program ... 1-6.8-21 Violations .......................................................... 1-6.8-23 CONTRACTS AND AGREEMENTS Contracts with other governmental units ..................... Criminal justice facilities, certification of contract for ....... 2-1-1 1-19.3-23 Supp. No. 56 3857 ST LUCIE COUNTY CODE Section CONTRACTS AND AGREEMENTS (Cont'd.) Deferred compensation program; execution of participation agreements ................................................... 1-14.5-23 Design-build contracts ........................................... 1-2-45 et seq. See: PUR,CFiASING Lobbyist registration and reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-61 et seq. See: LOBBYIST REGISTRATION AND REPORTING Local housing assistance program interlocal agreement..... 1-10.5-44 Municipal service taxing unit . . . . .. . . . .. .. .. . . . . . .. . . . . . .. . . .. . . 1-13.5-9 Ordinances and resolutions not affected by Code ............. 1-1-3 Purchasing, provisions re. See: PUR.CHASING St. Lucie County erosion district; contract ... ................. 2-6-32 Solid waste collection service agreements ..................... 1-9-91 et seq. Special improvements service district; contracta ............. 1-17-19 CORPORATIONS Persons defined to include ....................................... 1-1-2 COUNTY ADMINISTRATOR Duties .............................................................. 2-1-17 Employment authorized ......................................... 2-1-16 Payments declared to be for county purpose ..... .... .. .. ..... 2-1-18 COUNTY COMMISSIONERS Allowance to board members for travel ........................ 1-14.5-1 Educational facilities impact fee review .. .... ... .............. 1-6.5-61 COUNTY TOURIST DEVELOPMENT COUNCIL. See: TOUR- ISM COUR,TS Alcohol and other drug abuse trust fund Authority for enactment of article ... .... ....... ............. 1-7-20 Creation of fund; accounting . . . . . . . . . . . . . . . .. . . .. . . . . . .. . . . . . . 1-7-22 Definitions ... .. . . .. . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 1-7-21 Expenditures ................................................... 1-7-23 Circuit court Civil division charges and costs .. . . . . . . . . . . . . . . . . . . . . . . . .. .. . 1-7-4 Civil division service charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7-2 Probate and guardianship division service charges ........ 1-7-3 Civil traffic infraction fund ...................................... 1-7-13 Court facilities; additional court costs for, assessment of.... 1-7-6.5 Court facility funds, disposition o£ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7-7 Disposition of legal aid fund .... ............ ....... .... ....... .. 1-7-10 Juvenile assessment center; assessment ....................... 1-7-11 Law enforcement training additional costs for ................ 1-7-1 Law library funds, disposition of . . . .. . . . . . .. . . . . . . . . . . . . . . .. . . . 1-7-6 Mediation-arbitration fund, disposition of . . . . . . . . . . . . . . . . . . . . . 1-7-9 Service charges other than those fixed by provisions .. .... .. 1-7-5 Teen court; assessment .......................................... 1-7-12 CRIME Authority to offer rewards for ................................... 1-2-1 Supp. No. 56 3858 CODEINDEX Section CRIME (Cont'dJ Persons violating laws or ordinances D DANCE HALLS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See LICENSES AND PERMITS (Occupational license t~es and regulations) DEBRIS. See: GARBAGE, TRASH AND REFUSE DEPAR,TMENTS AND OTHER AGENCIES OF COUNTY Affordable housing advisory committee ........................ 1-10.5-42 Board of county commissioners. See: COUNTY COMMIS- SIONERS Children's services council ...................................... 1-6-33 et seq. See: MINORS Code enforcement board . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-19 et seq. See: CODE ENFORCEMENT BOAR,D Construction contractors; examining boards . .. .. .. .. . ... . .. . . 2-5-4 Contractors (unlicensed); hearing board . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-25 Historical commission ............................................ 1-16-41 et seq. Law library; board of trustees .................................. 2-10-16 Library advisory board .......................................... 1-11-4 Planning and zoning commission Zoning and building regulations ............................. 2-14-33 et seq. See: PLANNING Professional services committee ................................ 1-2-49(c) Purchasing department .......................................... 1-2-28 et seq. See: PURCHASING Reserve community development district #2 board of super- visors .......................................................... 1-6.5-72 St. Lucie County environmental control board ................ 1-7.6-1 et seq. See: ENVIRONMENTAL CONTROL St. Lucie County erosion district; authority to create depart- ments ......................................................... 2-6-34 Tourist development council ..................................... 1-19.5-21 et seq. See: TOURISM DEVELOPMENT Economic development ad valorem tax exemptions .......... 1-19.3-51 et seq. See: TAXATION Impact fees. See also that subject Lake Lucie Community Development District .. . .. .. .. .. . .. ..1-6.5-31 et seq. See: COMMUNITY DEVELOPMENT Ordinances and resolutions not affected by Code ............. 1-1-3 Pine Valley Community Development District . . . . . . . . . . . . . . . .1-6.5-21 et seq. See: COMMUNITY DEVELOPMENT Planning. See also that subject Supp. No. 56 3859 ST. LUCIE COUNTY CODE Section DEVELOPMENT (Cont'd.) Reserve Community Development District . . . . . . . . . . . . . . . . . . . .1-6.5-35 et seq. See: COMMUNITY DEVELOPMENT Tourist development council ..................................... 1-19.5-21 et seq. See: TOURISM Tourist development tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19.3-30 et seq. See: TOURISM DISABLED PERSONS. See: HANDICAPPED PERSONS DISASTERS. See: EMERGENCIES DISTRICTS Beach preservation act Preservation districts, authority to establish; election... .. 2-12-24 Preservation districts, establishment ........................ 2-12-25 Fire/EMS protection impact fee district ....................... 1-7.9-11 See: FIRE PROTECTION Lake Lucie Community Development District . . . . . . . . .. . . . . . . 1-6.5-31 et seq. See: COMMUNITY DEVELOPMENT Libraries impact fee districts ................................... 1-11-22 Parks impact fee districts ....................................... 1-15-41 Public buildings impact fee districts ........................... 1-16.3-21 Reserve Community Development District . . . . . . . . . . . . . . . . . . . . 1-6.5-35 et seq. See: COMMITNITY DEVELOPMENT Special improvement service district Roads and bridges ............................................. 1-17-16 et seq. See: ROADS AND BRIDGES St. Lucie County erosion district ............................... 2-6-16 et seq. See: DRAINAGE AND EROSION CONTROL St. Lucie County mosquito control district ............... ... .. 2-9-16 et seq. See: HEALTH AND SANITATION Street lighting district Public improvements .......................................... 2-16-16 et seq. DOGS Beaches, on ........................................................ 1-15-25 Generally .......................................................... 2-3-16 et seq. See: ANIMALS AND FOWL DRAINAGE AND EROSION CONTROL Drainage facilities, construction of . .. .. . . . . . . . . . . . . . . . . . . . . . . . . 2-6-1 Flood damage prevention ........................................ 108.5-1 et seq. See: FLOOD DAMAGE PREVENTION St. Lucie County erosion district Bondholders' rights, protection of ............................ 2-6-36 Bonds Authority to issue ........................................... 2-6-24 Contractors may be used to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-29 Disposition of proceeds . . .. . . .. . . .. .. . . . . . . . . . . . . . . . .. .. . . . . . 2-6-25 Supp. No. 56 3860 CODE INDEX Section DRAiNAGE AND EROSION CONTROL (Cont'd.) Effect of failure to challenge . . . . . . . . . .. . . . . . . . . . . . . . . . .. .. . 2-6-26 Legal investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-28 Nature . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-27 Notice prior to issuance ..................................... 2-6-26 Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-27 Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-20 Contracts ........................................................ 2-6-32 Conveyance of property to district Advance of expenses . . ... .. . . .... .... ... .... .. .. . .. . ..... .. . 2-6-33 Created .......................................................... 2-6-19 Definitions ...................................................... 2-6-18 Departments, authority to create ... . . ...... .... .. .. . .. . .... . 2-6-34 District board's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-22 Effect of other laws ............................................ 2-6-38 Governing body .. ... . ... . ... ... . . ... ........ .. . .. .. .... .. .. . .. . 2-6-21 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-17 Legislative findings Division into zones .......................................... 2-6-23 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-31 Non-ad valorem assessments . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-23.1 Property exempt from judgments .... .... .. .. . .. .... .. .. ... . . 2-6-35 Public function essential Exercise of powers constitutes . . . . . . ... . . . . . . . . . . . . . . . . . . . . 2-6-37 Purchase or procurement of commodities or services ...... 2-6-30 Purpose ......................................................... 2-6-17 Title ............................................................. 2-6-16 St. Lucie River (North Fork) Applicability of provisions ... . .... ........ .... . .. .... .. .. ... . . 1-7.5-25 Destruction of certain types of vegetation Permit required for .......................................... 1-7.5-22 Findings; purpose of provisions ... ....... .... .. . .... . ........ 1-7.5-21 Management and conservation practice plan Approval required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.5-24 Submission by applicant required . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.5-23 Vegetation, certain types of Permit required to destroy . ........ ..... .. . .. .. .... .. . .. .. . 1-7.5-22 ~olations Failure of owner to restore property Restoration by county; cost to become lien on property 1-7.5-29 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.5-27 Remedies, additional ........................................ 1-7.5-28 Work done in violation of provisions Power of building department to order cessation ........ 1-7.5-26 DRIVE-IN THEATERS Occupational license taxes and regulations ................... 1-12-47 Supp. No. 56 3861 ST. LUCIE COUNTY CODE Section DROUGHT PREVENTION MEASURES Water shortage plan .............................................. 1-20.5-35 et seq. See: WATER AND SEWERS DRUGS Alcohol and other drug abuse trust fund . . . .. . .. . . .. .. .. . . . . . . 1-7-20 et seq. See: COURTS ~ E-911 SYSTEM Budget ............................................................. 1-2-2(d) Collection of fee; payment of administrative fee for collection 1-2-2(e) Indemnification ................................................... 1-2-2(fl Local option fee ................................................... 1-2-2(b) Public purpose .................................................... 1-2-2(a) Separate fund ..................................................... 1-2-2(c) EATING ESTABLISHMENTS Alcoholic beverages Waiver provisions for business selling or transferring alcoholic beverage as accessory to an eating place .... 1-3-4 Occupational license t~es and regulations ................... 1-12-37 ECONOMIC DEVELOPMENT AD VALOREM TAX Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19.3-51 et seq. See: TAXATION EDUCATIONAL FACILITIES IMPACT FEE. See: COMMiJ- NITY DEVELOPMENT ELECTIONS Referendum re sale surtax .. ................ ............... ..... 1-19.3-74 St. Lucie County mosquito control district; bonds Election ......................................................... 2-9-33, 2-9-34 ELECTRIC POWER PLANTS Occupational license taxes and regulations ................... 1-12-40 EMERGENCIES Airports and aircraft, provisions re emergency vehicles ... .. 1-2.3-36 Emergency medical transport services .........................1-12.5-1 et seq. See: LIFE SUPPORT SERVICES Fire/EMS protection impact fee ................................. 1-7.9-5 et seq. See: FIRE PROTECTION Licensing and examination of construction contractors Certificate of competency Temporary suspension during a hurricane, tornado or other disaster . .. . . . . . . . . . .. . . .. . . .. . . .. . . . . . . . .. . . . . . . . . 2-5-22 Water shortage plan; declaration of emergency ............... 1-20.5-39 EMPLOYEES. See: OFFICERS AND EMPLOYEES Supp. No. 56 3862 CODE INDEX Section ENVIRONMENTAL CONTROL Compiled laws Appeals .......................................................... 2-6.5-11 Construction in relation to other law . . . . . . . . . . . . . . . . . . . . . . . . 2-6.5-20 Definitions ...................................................... 2-6.5-3 Effective date ................................................... 2-6.5-24 Electric facilities exempted . ... .. ..... ....... ...... .. ......... 2-6.5-23 Enforcement Civil, procedure .............................................. 2-6.5-15 Cruninal, procedure . . .. .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . 1-6.5-13 Hearing board orders and injunctive relief ............... 2-6.5-15 Environmental control board Appointment ................................................. 2-6.5-6 Duties and powers ........................................... 2-6.5-5, 2-6.5-7 Organization .. . .. . ..... .. . .. ..... . ... . ... ... ..... . ... ........ 2-6.5-4 Environmental control officer Appeals from actions or decisions of ...................... 2-6.5-11 Exemptions ..................................................... 2-6.5-8 Electric facilities ............................................. 2-6.5-23 Fines Civil fines to be liens ........................................ 2-6.5-1 8 Health department Powers of ..................................................... 2-6.5-2 1 Hearing board Duties and powers ........................................... 2-6.5-1 0 Enforcement of orders and injunctive relief .............. 2-6.5-15 Organization ................................................. 2-6.5-9 Intent ............................................................ 2-6.5-2 Judicial review ................................................. 2-6.5-1 2 Legislative intent .........................:.................... 2-6.5-2 Liens Civil fines to be liens ........................................ 2-6.5-18 Severability ..................................................... 2-6.5-2 2 Short title ....................................................... 2-6.5-1 Subpoena Refusal to obey .............................................. 2-6.5-1 9 Violations, penalties Civil fines to be liens ........................................ 2-6.5-18 Civil penalties ............................................... 2-6.5-1 7 Criminal penalties ........................................... 2-6.5-1 6 Marine sanitation Definitions ...................................................... 1-7.6-3 1 Enforcement .................................................... 1-7.6-3 6 Exceptions ...................................................... 1-7.6-3 8 Marina sanitation facilities Existing marinas ............................................ 1-7.6-34(b) Required ...................................................... 1-7.6-3 4(a) Mooring restrictions ........................................... 1-7.6-33 Pump-out receipt requirement ............................... Statement of purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.6-35 1-7.6-30 Supp. No. 56 3863 ST. LUCIE COUNTY CODE Section ENVIRONMENTAL CONTROL (Cont'd.) Unlawful discharges ........................................... 1-7.6-32 Violations and penalties ....................................... 1-7.6-37 On-site sewage disposal systems on Hutchinson Island Administrative waiver ......................................... 1-7.6-43 Definitions ...................................................... 1-7.6-40 Mandatory hookups for existing systems to central sewer- age systems ................................................ 1-7.6-4 1 Prohibition of construction of systems ....................... 1-7.6-42 Administrative waiver .. . . . . . .. . . . .. . .. . .. . . . . . . . . . . . . . .. .. . 1-7.6-43 Violations; penalties; enforcement ........................... 1-7.6-44 Sludge, septage and sewage disposal Enforcement by environmental control hearing board.... . 1-10-24 EROSION. See: DRAINAGE AND EROSION CONTROL EXCRETA Animal owner's responsibility ................................... 1-4-23(f) EXHIBITIONS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) F FABERS COVE Use of seines ...................................................... 2-7-5 FAIR HOUSING. See: HOUSING FAR,M PRODUCTS Occupational license tax and regulations ...................... 1-12-27 FARMERS' MARKETS Occupational license tax and regulations ...................... 1-12-59 See: LICENSES AND PERMITS (Occupational license taxes and regulations) FINANCES Affordable housing assistance trust fund ...................... 1-10.5-39 Alcohol and other drug abuse trust fund . . . . . . . . . . . . . . . . . . . . . . 1-7-20 et seq. See: COURTS Children's services, applicable provisions re .................. 1-6-35 et seq. See: MINORS Design-build contracts ........................................... 1-2-45 et seq. See: PURCHASING E-911 system, local option fee ................................... 1-2-2 Fire/EMS protection impact fee ................................. 1-7.9-5 et seq. See: FIRE PROTECTION Ordinances and resolutions not affected by Code ............. 1-1-3 FIRE DEPARTMENT Alarm system, direct connection ................................ 1-2.5-6 Supp. No. 56 3864 CODE INDEX Section FIRE DEPAR,TMENT (Cont'd.) Fire protection .................................................... 1-7.9-1 et seq. See: FIRE PROTECTION FIRE HYDRANTS Installation standards ........................................... 1-20.5-1 FIRE LANES Parking prohibition .... .. . .. .. ... . . . . . ....... .. .. . .. . ..... .. ..... 1-20-28 FIRE PROTECTION Appeals ............................................................ 1-7.9-16 Applicability ...................................................... 1-7.9-1 Authority .......................................................... 1-7.9-1 Definitions ........................................................ 1-7.9-4 ' Fire/EMS protection impact fee Automatic adjustment ......................................... 1-7.9-17 Computation of amount . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . 1-7.9-6 Credits .......................................................... 1-7.9-8 General ....................................................... 1-7.9-8(b) General standards for issuing .............................. 1-7.9-8(d) Relationship of fee to developments of regional impact . 1-7.9-8(c) Scope .......................................................... 1-7.9-8(a) Specific standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.9-8(e) Time of claim ................................................ 1-7.9-8(fl Waiver ........................................................ 1-7.9-8(f~ District created ................................................. 1-7.9-11 Exemptions ..................................................... 1-7.9-1 5 Imposition ...................................................... 1-7.9-5 Payment ........................................................ 1-7.9-7 Refund of fees paid ............................................ 1-7.9-14 Review .......................................................... 1-7.9-1 7 Trust fund established ........................... ............. 1-7.9-12 Use of funds .................................................... 1-7.9-13 Intents ............................................................. 1-7.9-2 Property appraisals Independent . ... ... .. .. .. .... . . . . .... . .. . . . . . .. . .. ... ... .... .. . . 1-7.9-9 Review .......................................................... 1-7.9-10 Purposes ........................................................... 1-7.9-2 Rules of construction ............................................. 1-7.9-3 Short title ......................................................... 1-7.9-1 FIREARMS AND WEAPONS Certain areas, use of firearms prohibited . .. . . .... . . . .. .. .. . .. 1-7.8-16 Violations and penalties ......................................... 1-7.8-17 FIRES Duty of picnickers re ............................................. 1-1 5-2 1 FIRMS Persons defined to include ....................................... 1-1-2 Supp. No. 56 3864.1 ST. LUCIE COUNTY CODE FISH AND GAME Canals Section 14~ap, net fishing restricted ................................... 2-7-3 Supp. No. 56 3864.2 CODE INDEX Section HEALTH AND SANITATION (Cont'dJ Authority to borrow .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . 2-9-25 Composition .................................................. 2-9-19 Cooperation with other boards Authority to call election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-24 Expenses ..................................................... 2-9-19 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-2 7 Mosquitoes, duty to abate . . . ... . .. . .. .. ... . . .. .... ... . .. .. . 2-9-20 Organization .. . . . . . . . . . . .. .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-28 Packing house wastes Authority to prescribe rules for disposal .. .. .. .... .. .. . 2-9-23 Powers and duties ........................................... 2-9-19 Incubation, hatching areas for mosquitoes Declared public nuisance ................................... 2-9-29 Provisions liberally construed .... . ... . .. . .... .... .. ..... . .. . . 2-9-42 Spraying .. .... ............... .... ... . .. .. ... .... . .. . .. ...... . .. . 2-9-21 Taxation powers and duties ................................... 2-9-26 HISTORICAL COMMISSION Generally .......................................................... 1-16-41 et seq. See: PLANNING HORTICULTURAL PRODUCTS Occupational license taxes and regulations enumerated..... See: LICENSES AND PERMITS (Occupational license 1-12-16 et seq. taxes and regulations) HOTELS Alcoholic beverage establishments; sexual activities . . . . . . . . . 1-3-15(c) Occupational license t~es and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) HOUSE NAMING AND NLTMBERING. See: STREET AND HOUSE NAMING AND NUMBERING HOUSING Fair housing Additional remedies ........................................... 1-10.5-33 Administrator; authority and responsibilities .............. 1-10.5-31 Complaints ..................................................... 1-10.5-32 Definitions . . .. . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-26 Discriminatory housing practices Brokerage services, provisions of . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-29 Financing of housing ...... ... .. .. . .. . .. .... . ..... .. . .. ...... 1-10.5-28 Generally . .. . . . . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-27 Education . . . . . . . . . . .. .... . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-34 Exemptions .... .. ................ . .. . ... . . .. . . .. . .. . ..... .. . .... 1-10.5-30 Policy declared ................................................. 1-10.5-25 Public information ............ .. .. . .. .. . .. . .. .. .. .. .... ... . ... . 1-10.5-34 V~iolations and penalties ....................................... 1-10.5-35 Supp. No. 56 3869 ST. LUCIE COUNTY CODE Section HOUSING (Cont'd.) Housing fmance authority Authority for enactment of provisions . .. . .. . . . . . . .. . . . .. .. .. 1-10.5-21 Creation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-23 Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-22 Powers .......................................................... 1-10.5-24 State housing initiatives partnership program Affordable housing advisory committee ..................... 1-10.5-42 Affordable housing assistance trust fund ................... 1-10.5-39 AuthoritY~ Purpose . . . . . . . .. .. . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 1-10.5-37 City delegated to administer local housing assistance program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-41 Definitions ...................................................... 1-10.5-38 Funds, distribution of ......................................... 1-10.5-43 Interlocal agreement .......................................... 1-10.5-44 Local housing assistance program and partnership........ 1-10.5-40 Title ............................................................. 1-10.5-36 HUMANE SOCIETY Dogs; impoundment Agreements with humane society authorized ............... 2-3-19 HLTNTING Animals engaged in sport of .................................... 1-4-21 County property, on ................... ... . ... ... ............... .. 1-15-20 Traffic; hunting from county roads restricted . . .. . . .. . . . . .. . . . 1-20-2 HUTCHINSON ISLAND On-site sewage disposal systems on Hutchinson Island .....1-7.6-40 et seq. See: ENVIRONMENTAL CONTROL IMPACT FEES Educational facilities impact fee ................................1-6.5-51 et seq. See: COMMIJNITY DEVELOPMENT Fire/EMS protection impact fee ................................. 1-7.9-5 et seq. See: FIRE PROTECTION Libraries impact fee .............................................. 1-11-11 et seq. See: LIBRARY Park impact fee ................................................... 1-15-31 et seq. Planning. See also that subject Public buildings impact fee ...................................... 1-16.3-11 et seq. Roads impact fees ................................................ 1-17-25 et seq. See: ROADS AND BRIDGES IMPOUNDMENT Dogs; impoundment authorized ................................. 2-3-18 Humane society, agreements authorized .... .. ......... ..... 2-3-19 IMPROVEMENTS. See: PUBLIC IMPROVEMENTS Supp. No. 56 3870 CODEINDEX Section INCINERATOR UNITS Regulation ......................................................... 2-8-3 INDECENCY AND OBSCENITY Obscene materials; sale .......................................... 1-14-2 Specified sexual activities in commercial establishments.... 1-3-10 et seq. See: ALCOHOLIC BEVERAGES INDIAN RIVER Nets, length restricted Marking ......................................................... 1-8-1 INDIGENT PERSONS Welfare; authority to provide care for indigent persons...... 2-18-1 INDUSTR,Y ~affic; parking, stopping and standing Heavy vehicles or equipment in residential areas Industrial equipment prohibited or restricted ........... 2-20-29 INSURANCE Building and equipment moving Insurance required ............................................ 1-17-43 Licensing and examination of construction contractors, re- quirements re certificate of competency .................. 2-5-10 Mosquito control district Group insurance for employees ............................... 2-9-3 Motor carriers ..................................................... 1-13.3-2 1 Officers and employees Insurance for ................................................... 2-1-3 1 Sheriff, motor vehicle liability insurance Required to maintain .......................................... 1-18-1 INSURANCE ADJUSTERS Occupational license t~es and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) INVALID PERSONS Nonemergency medical transportation services ............... 1-10-21 et seq. See: NONEMERGENCY MEDICAL TRANSPORTATION SERVICES Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license t~es and regulation) J JT1NK. See: GARBAGE, TRASH AND REFUSE JUNK DEALERS Traveling junk dealers Occupational license taxes and regulations enumerated .. 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulation) Supp. No. 56 3871 ST. LUCIE COIJNTY CODE JIJVENILES. See: MINORS L Section T,AKF LUCIE COMMUNITY DEVELOPMENT DISTRICT Provisions enumerated ...........................................1-6.5-31 et seq. See: COMMiJNITY DEVELOPMENT LAKES Motorized vessels on lakes and ponds in unincorporated areas .......................................................... 1-14-3 See: BOATS AND WATERWAYS Unlawful deposits ................................................ 2-17-1 LIBRARY Advisory board, library, creation of ............................. 1-11-4 Creation of county library system .. . .. . .. .. . . .. . . . . . . . . .. . . . . . . 1-11-2 Impact fee, libraries Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11-27 Computations ................................................... 1-11-16 Credits .......................................................... 1-11-18 Definitions ...................................................... 1-11-14 Districts created ............................................... 1-11-2 2 Exemptions ..................................................... 1-11-26 Imposition ...................................................... 1-11-1 5 Independent property appraisal .............................. 1-11-20 Intents; purposes ............................................... 1-11-12 Payment ........................................................ 1-11-17 Property review appraisal .................................... 1-11-21 Refund of fees paid ............................................ 1-11-2 5 Review, automatic adjustment of fees ....................... 1-11-28 Rules of construction .......................................... 1-11-13 Short title, authority, applicability ........................... 1-11-11 Trust funds established ....................................... 1-11-23 Use of funds .................................................... 1-11-24 Law library Appropriation of funds ........................................ 2-10-18 Board of trustees ............................................... 2-10-16 Court costs for support of library, levy ...................... 2-10-17 Disposition of donations ....................................... 2-10-20 Law library fund ............................................... 2-10-19 Law library funds, disposition of ......... .... .. . ... . . . . ..... . 1-7-6 Legislative intent, declaration of ............................... 1-11-1 Manager, county library services ............. .. .... .... ... . ... . 1-11-3 Public library service, authority to provide .................... 2-10-1 Qualifications, regulations, contributions ...................... 1-11-5 LICENSES AND PERMITS (Miscellaneous provisions) Alarm permits .................................................... 1-2.5-8 et seq. See: ALARM SYSTEMS Animal shows, travelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4-28 Supp. No. 56 3872 CODE INDEX Section LICENSESAND PERMITS (Miscellaneous provisions) (Cont'd.) Building and equipment moving ................................ 1-17-40 et seq. See: ROADS AND BRIDGES Building permits. See: ZONING (Appendix A) Buildings; licensing and examination of construction contrac- tors ............................................................ 2-5-1 et seq. Camping overnight on county property; permit ............... 1-25-17 Conditional use permits. See: ZONING (Append'u~ A) Contractors (unlicensed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-21 et seq. County property and facilities, generally Use permit ...................................................... 1-25-27 Development permits ............................................ 1-8.5-8 Disabled persons exempt ........................................ 1-12-25 Driveway permits ................................................ 1-5-82 et seq. See: BUILDINGS (Generally) Flood damage prevention: development . ... ... .... . .. . ... . .. ... 1-8.5-8, 1-8.5-22 Garbage and trash collection .................................... 1-9-20 et seq. Group functions held on county property; permit ............ 1-15-26 Heavy vehicles and equipment in residential districts ....... 1-20-45 Life support services ............................................. 1-12.5-1 et seq. Motor carriers ...... .. .. .. .. . ... .... .... .. . .. .. .... .. . .. ... . .. . .. .. 1-13.3-16 See: MOTOR CAR,RIERS et seq. Noise control; special permit . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.8-20 Ordinances and resolutions not affected by Code ............. 1-1-3 Peddlers and hawkers; permits . ... ........ .. . .. . .. .. .. . .. . ... . . 2-13-16 et seq. Traffic; parking, stopping and standing Building and equipment moving . ....... .... . . .. .. .. . .. . ... . . 1-17-40 et seq. See: ROADS AND BRIDGES Heavy vehicles and equipment in residential districts; permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-45 LICENSES AND PERMITS (Occupational license taxes and regulations) Advertising space renters ....................................... 1-12-31 Aged person, exemptions ........................................ 1-12-25 Amusement devices .............................................. 1-12-32 Apartments ....................................................... 1-12-33 Application .. . . . .. .. .... .... .... .. .. ... ...... .. .. .. . .. . . ..... ... ... 1-12-19 Businesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-12-51 Cafes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-12-37 Cemeteries ........................................................ 1-12-34 Circuses ........................................................... 1-12-35 Clairvoyants ...................................................... 1-12-42 Community television companies ............................... 1-12-40 Contracting ........................................................ 1-12-38 Dance halls ........................................................ 1-12-39 Date due of license tax Delinquency .................................................... 1-12-18 Supp. No. 56 3872.1 ST. LUCIE COUNTY CODE Section LICENSES AND PERMITS (Occupational license taxes and regulations) (Cont'd.) Definitions ........................................................ 1-12-16 Delinquent license tax, method of collection Liens ............................................................ 1-12-23 Display ............................................................ 1-12-20 Drive-in theaters ................................................. 1-12-47 Eating establishments .. ................. ....... .......... ....... 1-12-37 Electric power plants ............................................ 1-12-40 Emigrant agents .................................................. 1-12-41 Engaging in business, payment of tax prerequisite to Exceptions as to vehicles used in licensed business ....... 1-12-17 Farm products, exempt ... . .............. .... ..... ............... 1-12-27 Farmers' markets where individuals sell from stalls......... 1-12-59 Fish peddlers, exempt ........................................... 1-12-30 Supp. No. 56 38722 CODE INDEX Section MOTOR VEHICLES (Cont'dJ Motorized vessels on lakes and ponds in unincorporated areas .......................................................... 1-14-3 See: BOATS AND WATERWAYS Public beaches; authority to regulate use of motor vehicles. 2-12-1 ~tle loans; state law to regulate ............................... 1-14-30 Traffic regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-1 et seq. See: TRAFFIC Unserviceable vehicles Abandoned property, garbage, trash, junk and debris ..... 1-9-16 et seq. See: GARBAGE, TRASH AND REFUSE MOVING PICTURE SHOWS OccupaLional license taxes and regulations enumerated..... 1-12-47 MUNICIPAL SERVICE TAXING OR BENEFIT UNITS Annual municipal services taxing unit taxes .................. 1-13.5-10 Authorized ........................................................ 1-13.5-1 Bonds, notice of intent to issue . ... . .. . . ........ . ... ... .... .. .. . 1-13.5-14 Budget adoption; taxing units .................................. 1-13.5-4 Contraets .......................................................... 1-13.5-9 County authorized to advance necessary expenses . . . . . . . . . . . 1-13.5-12 County engineer Proceeding subsequent to hearing ........................... 1-13.5-8 Creation of units .. ... . .. .. . .. . ... .. .. .. .. ...... .. .... ...... . .... . 1-13.5-5 Authorized . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . 1-13.5-1 Procedure for creation of municipal service benefit units Information meeting ........................................ 1-13.5-7(c) Initial hearing ........... .................................... 1-13.5-7(a) Project report and preliminary assessment roll.......... 1-13.5-7(b) Second public hearing ....................................... 1-13.5-7(d) Procedure for creation of municipal service taxing units Public hearing ............................................... 1-13.5-6(a) Resolution creating taxing unit ............................ 1-13.5-6(b) Dissolution of units .............................................. 1-13.5-15 Governing body ................................................... 1-13.5-2 Powers ............................................................. 1-13.5-3 Special assessments; collection Alternate method of financing improvement ............... 1-13.5-11(e) Assessment roll sufficient evidence ......... ........ ... ..... . 1-13.5-11(g) Certificate of indebtedness .................................... 1-13.5-11(c) Issuance ...................................................... 1-13.5-11(d) Defaults ......................................................... 1-13.5-11(~ Method of payment . ........................................... 1-13.5-11(a) Optional method of collection ................................. 1-13.5-11(i) Payments ....................................................... 1-13.5-11(h) Priority of lien, interest, method of payment ...... ... .... .. 1-13.5-11(a) Valid assessment to be made . .... .... ... ... . .... .... ... .... .. Supplemental, provisions deemed as ........................... 1-13.5-11(b) 1-13.5-13 Supp. No. 56 3877 ST. LUCIE COUNTY CODE Section N NEGLECT Parental neglect .................................................. 1-6-16 et seq. See: MINORS NET Indian River Length of nets restricted; marking ...... ..... .. .... ......... 1-8-1 NINTH CENT GAS TAX Provisions enumerated ........................................... 149.3-81 et seq. See: TAXATION NOISE Noise control Definitions .. . . . . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . .. . . . . . 1-13.8-16 Excessive, unnecessary, etc., noises prohibited . . . . . . .. . . . . . 1-13.8-1 Exemptions . . . . . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . .. . . . . . . . . 1-13.8-19 Penalties . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . .. . . . . . . . . 1-13.8-21 Special permit; application for ............................... 1-13.8-20 Use districts Classification ................................................. 1-13.8-17 Maximum permissible sound level ........................ 1-13.8-18 Violations generally ............................................ 1-13.8-1 Railroads; use of audible warning signals . . . . . . . . . . . . . . . . . . . . . 1-16.5-1 NUISANCES Animals; public nuisance prohibited ........................... 1-4-17 NUMBER Defined ............................................................ 1-1-2 NUR.SING HOMES Indigents, authority to contract for care . . . . . . . . . . . . . . . . . . . . . . . 1-21-1 O OATH Defined ............................................................ 1-1-2 OCCUPANT Defined ............................................................ 1-1-2 OCCUPATIONS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) OFFENSES Miscellaneous offenses and regulations ........................ 2-11-1 et seq. Specific penalties, remedies, etc. See specific offenses which are indexed alphabetically Supp. No. 56 3878 CODE INDEX Section OFFICERS AND EMPLOYEES Animal control officer training requirements ................. 1-4-27 Board of county commissioners. See: COUNTY COMMIS- SIONERS Circuit court clerk Mosquito control district; service as secretary and trea- s urer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 9-17 Clerk of circuit court to give bond . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-18 Civil suits arising from acts within scope of employment or function Payment of defense costs ...................................... 1-2-18 County administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1-16 et seq. Deferred compensation program Administration . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 1-14.5-22 Adoption ........................................................ 1-14.5-21 Environmental control officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6.5-6 et seq. See: ENVIRONMENTAL CONTROL Execution of participation agreements ......................... 1-14.5-23 Program committee ............................................ 1-14.5-24 Failure to perform duties Liability to fine for ............................................. 1-1-9 Food and non-alcoholic beverage expenses .................... 1-2-16.2 Insurance for officers, employees and families ................ Judgments resulting from acts within scope of employment 2-1-31 or function Payment of ...................................................... 1-2-17 Library services manager, county .............................. 1-11-3 Longevity and special recognition awards . . . . . . . . . . . . . . . . . . . . . 1-2-16.1 Officers, defined .................................................. 1-1-2 Sick leave Terminal incentive pay upon accumulation . . . . . . . . . . . . . . . . . 1-2-16 Terminal incentive pay for accumulated and unused sick leave .......................................................... 1-2-16 OPEN CONTAINERS Alcoholic beverages, regulations re . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3-5 et seq. See: ALCOHOLIC BEVERAGES OPEN SPACES. See: YARDS AND OPEN SPACES ORDINANCES. See: CODE OF ORDINANCES OWNER Defined ............................................................ 1-1-2 P PAR,ENTAL NEGLECT Generally .......................................................... 1-6-16 et seq. See: MINORS Supp. No. 56 3878.1 ST. LUCIE COUNTY CODE Section PARKING Airports and aircraft Regulation of vehicular traffic and parking .. .. . . . . ... . . . . . .1-2.3-17 et seq. See: AIRPORTS AND AIRCRAFT PARKS AND RECREATION Alcoholic beverages, distance restrictions ..................... See: ALCOHOLIC BEVERAGES Beach preservation act Beach preservation authority Generally ..................................................... Powers ........................................................ Bonds ............................................................ Cooperative agreements ....................................... County personnel and facilities, use of . . . . . . . . . . . . . . . . . . . . . . County shoreline, supervision of work . . . . . . . . . . . . . . . . . . . . . . . Economic analysis of preservation program ... .... ...... ... Legislative findings Purpose ....................................................... Organizational and administrative expenses Use of county funds for . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . Preservation districts, authority to establish Elections ...................................................... Preservation districts, coordination of work Liaison with other entities ..... .... ... ............ .... .... . Preservation districts, establishment of Advisory groups ............................................. Governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Personnel ..................................................... 1-3-2 et seq. 2-12-18 2-12-19 2-12-32 2-12-26 2-12-21 2-12-28 2-12-23 2-12-17 2-12-20 2-12-24 2-12-27 2-12-25 2-12-25 2-12-25 Supp. No. 56 3878.2 CODE INDEX Section PINE VALLEY COMMUNITY DEVELOPMENT DISTRICT. See: COMMUNITY DEVELOPMENT PLANNING Comprehensive plan Adoption of plan ............................................... 1-16-18 Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16-16 Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16-19 Port master plan . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . 1-16-20 Purpose and intent ............................................ 1-16-17 Growth management policy plan Comprehensive plan. See Appendix B of this Code Historical commission Compensation and grants ..................................... 1-16-43 County to provide repository . .... ........ . ... .... .... ....... . 1-16-49 Creation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16-41 Duties Collection of data, etc . .. .. .. . . .. .... ........ .... .. .. ...... . . 1-16-45 Marking of historic sites .................................... 1-16-46 . Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . 1-16-48 Filing and recordation of data ................................ 1-16-47 Meetings; rules ................................................. 1-16-44 Organiz ation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications of board of directors .......................... 1-16-42 1-16-42 Subdivision regulations Authority to adopt regulations ............................... 2-14-17 Definitions .... .. ..... .. .. . ... . . . . . .. .. ... ..... .. ........... .... . 2-14-16 Plat, approval prerequisite to recording ..................... 2-14-18 Plat contents required ......................................... 2-14-19 Plat protection restrictions ................................... 2-14-20 Taxes Payment prerequisite to recording of plat . . . .. . . . . . . .. . . . 2-14-21 Zoning and building regulations Board of adjustment ........................................... 2-14-38 Construction permit required ................................. 2-14-40 Districts, authority to divide territory into Regulations; notice and hearing ... .... .. .. .. .. .. .. .... .. . . 2-14-34 Enforcement personnel ........................................ 2-14-39 Fees and charges, schedule .. .. .. .. .. .. ... .. .. ................ 2-14-41 Planning and zoning commission ............................ 2-14-36 Purpose of regulations . . . . . . .. . . .. . . .. . .... ... . .... .... .. .. .... 2-14-35 Regulations, authority to adopt .............................. 2-14-33 Taxation ......................................................... 2-14-42 Violations ....................................................... 2-14-43 Zoning map .. . . .. . .... .. . ...... .. .. .. .. ..... . . . . ... . . . . .. .. .... . 2-14-37 PLATS AND PLATTING Subdivision regulations; platting . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . 2-14-18 et seq. See: PLANNING Supp. No. 56 3881 ST. LUCIE COUNTY CODE Section POLLUTION Air pollution ...................................................... 2-9-1 Marine sanitation ................................................1-7.6-30 et seq. See: ENVIRONMENTAL CONTROL Uniform water and sewer service policy ....................... 1-20.5-52 et seq. See: WATER AND SEWERS PONDS. See: LAKES POOLS. See: SWIMMING POOLS PROFESSIONS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) PROPERTY Defined ............................................................ 1-1-2 FirelEMS protection impact fee; appraisals re . . . . . . . . . . . . . . . . 1-7.9-9 et seq. See: FIRE PROTECTION Lease of property ................................................. 2-1-3 Parking provisions re handicapped parking spaces, fire lanes, etc., owned or leased by county or state ......... ........ . 1-20-26 et seq. See: TRAFFIC Private property Abandoned property, garbage, trash, junk and debris .. ... 1-9-16 et seq. See: GARBAGE, TRASH AND REFUSE Real property, acquisition ....................................... 2-1-2 Right-of-way; plat abandonment procedures ............. ..... 1-17-70 et seq. PUBLIC BUILDINGS IMPACT FEE Appeals ............................................................ 1-16.3-26 Computation ...................................................... 1-16.3-16 Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16.3-18 Definitions ........................................................ 1-16.3-14 Districts created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16.3-21 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16.3-25 Imposition ...... . ........... ........... ........ ........ . .......... . 1-16.3-15 Independent property appraisal ................................ 1-16.3-19 Intents; purposes .. . ........... .. .............. ... ........ ........ 1-16.3-12 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16.3-17 Property review appraisal ....................................... 1-16.3-20 Refund of fees paid . . .. . . . . . . . . . .. .. . . . . .. . . . . . . . . . . . . . . .. . . . . .. . . 1-16.3-24 Review, automatic adjustment of fees .......................... 1-16.3-27 Rules of construction ............................................. 1-16.3-13 Short title, authority, applicability ....... . ..... .. . ...... . .. .... 1-16.3-11 ~ust funds ........................................................ 1-16.3-22 Use of funds ..... ... . ... .... ... . ................ ... .... .... .... .... 1-16.3-23 PUBLIC IMPROVEMENTS Special improvement service district ........................... 1-17-16 et seq. See: ROADS AND BRIDGES Supp. No. 56 3882 CODE INDEX Section PUBLIC IMPROVEMENTS (Cont'd.) Street lighting districts Annual special assessments .................................. 2-16-20 Appropriations authorized for organizational expenses Repayment ........ .... . ... ....... .. .. . ... . .. .. .. . ........ . .. . 2-16-21 Contracts and agreements with public utility companies . 2-16-19 Creation authorized ........................................... 2-16-16 Creation validation procedures ............................... 2-16-18 Proceedings for creation ....................................... 2-16-17 Public utility companies Contracts and agreements with ........................... 2-16-19 Supp. No. 56 3882.1 CODE INDEX Section ROADS AND BRIDGES (Cont'dJ Roads impact fee Appeals .......................................................... 1-17-38 Authority and applicabilities ................................. 1-17-25 Computation in the amount of .................. ............. 1-17-29 Credits .......................................................... 1-17-33.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 1-17-34 Exemptions ..................................................... 1-17-33 Impositions of .................................................. 1-17-28 Independent property appraisal .............................. 1-17-36 Independent traffic study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-35 Intent and purposes ........................................... 1-17-26 Payment ........................................................ 1-17-30 Property appraisal Independent property appraisal ........................... 1-17-36 Property review appraisal .................................. 1-17-37 Refund of fees paid ............................................ 1-17-32 Review .......................................................... 1-18-39 Rules of construction .......................................... 1-17-27 Short title ....................................................... 1-17-25 Use of funds and road benefit zones . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-31 Signs or structures Erection within right-of-way prohibited, removal .......... 1-17-1 Special improvement service district Advance necessary expenses, county authorized . . . . .. . .. .. 1-17-21 Annual assessments .... .... .. . .. .. ........ ... . .. .. . ... . .. . .. .. 1-17-20 Contracts ........................................................ 1-17-19 Creation Authorized ................................................... 1-17-16 Prceeedings .................................................. 1-17-17 Violation and confirmation of creation ...................... 1-17-18 Street and house naming and numbering .... ... .. ..... .. ... .. 1-17-50 et seq. See: STREET AND HOUSE NAMING AND NUMBER- ING Additional provisions. See: SUBDIVISIONS S SANITATION. See: HEALTH AND SANITATION SAVANNAHS Airboats prohibited in ............................................ 2-4-1 SCHOOL ACTIVITIES Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) SCHOOLS Alcoholic beverages, distance restrictions ..................... See: ALCOHOLIC BEVERAGES 1-3-2 et seq. Supp. No. 5& 3885 ST. LUCIE COUNTY CODE SEWAGE DISPOSAL. See: WATER AND SEWERS Section SEXUAL CONDUCT Specified segual activities in commercial establishments.... 1-3-10 et seq. See: ALCOHOLIC BEVERAGES SHERIFF Combat automobile theft program .............................. 1-18-2 Court costs for law enforcement training ...................... 1-7-1 Motor vehicle liability insurance, requirement to maintain . 1-18-1 SHRUBS. See: VEGETATION SIDE SHOWS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) SIDEWALKS. See: STREETS AND SIDEWALKS SIGNS AND BILLBOAR.DS Erection of signs or structures within right-of-way prohib- ited Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-1 Railroads; posting of signs re train horns ..................... 1-16.5-11 Roads and bridges; signs or structures Erection within right-of-way prohibited; removal .......... 1-17-1 SKIN DIVERS Beachfront parks Skin divers to check in and out with lifeguards............ 1-15-25 SOCIETIES Persons defined to include ....................................... 1-1-2 SPEAR.FISHING Beaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15-25 SPEED REGULATIONS Traffic; speed limits .............................................. 1-20-1 Supp. No. 56 3886 CODE INDEX Section U UTILITIES Sewage disposal companies Occupational license tax and regulations ................... 1-12-58 Special improvements service district .......................... 1-17-16 et seq. See: ROADS AND BRIDGES Water and sewers ................................................1-20.5-1 et seq. See: WATER AND SEWERS Water companies Occupational license tax and regulations ................... 1-12-58 V VACCINATIONS Dogs and cats; rabies vaccination required .................... 1-4-24, 2-3-17 VANDALISM County property, damaging ..................................... 1-15-18 VEGETATION St. Lucie River (North Fork), banks of Certain types of vegetation, destruction of ..... .... ... ..... . 1-7.5-21 et seq. See: DRAINAGE AND EROSION CONTROL VEHICLES. See: MOTOR VEHICLES VENDING MACHINES Occupational license tax and regulations ...................... 1-12-57 VETERANS Occupational license tax exemption .... .... .. . .. .. .... . .. . .... . 1-12-26 W WATER Abandoned property, garbage, trash, junk and debris ....... 1-9-18 Additional provisions. See: GARBAGE, TRASH AND REFUSE Boating regulations. See: BOATS AND WATERWAYS Canals, unlawful deposits in ... . .. .. .... .. .. .. . . .. .. ... . . . . .. .. . 2-17-1 Lakes, unlawful deposits in . ... . .. .. .. .. .. .. .. ...... ... . . . . .. .. . 2-17-1 WATER AND SEWERS Cross connections St. Lucie County cross connection control policy Backflow prevention devices required ..................... 1-10-37 Definitions ................................................... 1-10-35 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10-36 Fire hydrant installation standards ............................ 1-20.5-1 Fluoridation of water systems Definitions . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fluoridation requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20.5-50 1-20.5-51 Supp. No. 56 3891 ST. LUCIE COUNTY CODE Section WATER AND SEWERS (Cont'd.) Hutchinson Island On-site sewage disposal systems on Hutchinson Island ... 1-7.6-40 et seq. See: ENVIRONMENTAL CONTROL Marine sanitation; unlawful discharges ....................... 1-7.6-32 Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license tages and regulations) On-site sewage disposal systems on Hutchinson Island ..... 1-7.6-40 et seq. See: ENVIRONMENTAL CONTROL Septage disposal. See herein: Sludge, Septage and Sewage Disposal Sewage disposal capacity Building permit Issuance prohibited until proof of adequate sewage disposal capacity is shown ............ ....... ..... ... .. 1-10-32 Certificate of occupancy Issuance prohibited until adequate sewer capacity is available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10-34 Definitions .. . . ... . .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10-31 Obtaining approval, method of .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10-33 Sewage disposal companies Occupational license taxes and regulations enumerated .. 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) Sludge, septage and sewage disposal Article enforceable by environmental control hearing board 1-10-24 Definitions ...................................................... 1-10-22 Permitting of disposal organizations ......................... 1-10-21 Permitting of land spreading sites Requirement that sites only spread waste transported by permitted persons or organizations . . .. . . . . . . . . . . . 1-10-23 Transport and disposal of waste ........ .... ... . .... .... ... . . 1-10-21 St. Lucie County cross connection control policy. See herein: Cross Connections Uniform water and sewer service policy All water through meter .. .... ... .... . .... . .. . .... .... . .. .... . 1-20.5-58 Definitions ... .. .. .. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 1-20.5-52 Grease traps, oil separators .. .... ... .... . ... . . .... ........... 1-20.5-56 Hazardous wastes .............................................. 1-20.5-57 Industrial wastewater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20.5-55 Unauthorized connections Sewer . .... .. . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 1-20.5-53 Water .............. ........ ... . ...... . .... . .. . . ... .... ...... .. 1-20.5-54 Water companies Occupational license taxes and regulations enumerated .. 1-12-58 Water shortage plan Amendments to plan .......................................... 1-20.5-38 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 1-20.5-37 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20.5-36 Supp. No. 56 3892 CODE INDEX Section WATER AND SEWERS (Cont'd.) Emergency, declaration of ..................................... 1-20.5-39 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20.5-40 Intent and purpose ............................................ 1-20.5-35 Violations and penalties ....................................... 1-20.5-41 Water users to accept provisions of articles ................. 1-20.5-42 WATER COMPANIES Occupational license tax and regulations ...................... 1-12-58 WATERWAYS. See: BOATS AND WATERWAYS WEAPONS. See: FIREARMS AND WEAPONS WELFARE Authority to contract for nursing home care for indigents .. 1-21-1 Indigent persons Authority to provide care for .. ... ........ .... . .. . .. .. .... . .. . 2-18-1 Repayment of money expended for welfare purposes Authority to obtain ............................................ 2-18-2 WHEELCHAIR TRANSPORT SERVICES. See: LIFE SUP- PORT SERVICES Z ZONING Ordinances and resolutions not affected by Code ............. 1-1-3 Zoning and building regulations ................................ 2-14-33 et seq. See: PLANNING Supp. No. 56 3893