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Home My WebLink AboutSupplement No. 71: 09-2005~ SUPPLEMENT NO. 71 September 2005 CODE County of ST. LUCIE, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 05-030, adopted September 6, 2005. See the Code Comparative Table for further information. Remove old pages xi-~ Checklist of up-to-date pages 291, 292 794.1-798.1 807-810 857-862 871-873 879 907-918 3752.9, 3752.10 3827-3833 3861, 3862 3880.1-3888.1 Insert new pages xi-xv Checklist of up-to-date pages (following Table of Contents) 291, 292 795-798.5 807-810 857-862.3 871-873 879 885, 886 907-918.3 3752.9-3752.11 3827-3833 3861-3862.1 3881-3888.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MCJNICIPAL 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-Cont'd. Chapter Page 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,~ash 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. l. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437 Div. 2. Mandatory Collection of Solid Waste ...... 443 Div. 3. Solid Waste Collection Service Agreements. 445 1-10 Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465 Art. I. In General ................................... 465 Art. II. Sludge, Septage and Sewage Disposal. ........ 465 Art. Art. III. Sewage Disposal Capacity . . . . . . . . . . . . . . . . . . . IV. St. Lucie County Cross Connection Control 469 Policy ...................................... 470 1-10 2 Historic Preservation ................................ 485 Art. I. In General ................................... 485 Art. II. Historic Preservation Officer . . . . . . . . . . . . . . . . . 491 Art. III. Historic Preservation Committee . . . . . . . . . . . . 492 Art. N Designation Process and Procedure. . . . . . . . . . . 496 Art. V. Certificate of Appropriateness . . . . . . . . . . . . . . . . 502 Art. VI. Certificate to Dig . . . . . . . . . . . . . . . . . . . . . . . . . . . 509 Art. VII. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 Art. VIII. Penalties ................................. 511 Art. IX. Incentives .................................. 511 1-10.5 Housing ............................................. 515 Art. I. In General ................................... 515 Art. II. Housing Finance Authority . . . . . . . . . . . . . . . . . . 515 Art. III. Fair Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516 Art. IV. State Housing Initiatives Partnership Program 522 1-11 Library ............................................... 565 Art. I. In General ................................... 565 Art. II. Libraries Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . 567 1-12 Licenses, Permits and Miscellaneous Business Regulations 617 Art. I. In General ................................... 617 Art. II. Occupational License T~es and Regulations .. 617 1-12.5 Life Support Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 659 Supp. No. 71 Xi ST. LUCIE COUNTY CODE Chapter Page 1-13 Reserved ............................................. 689 1-13.3 Motor Carriers ...................................... 697 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697 Art. II. Licensure ................................... 697 1-13.5 Municipal Service Taxing or Benefit Units . . . . . . . . . . . . . 715 1-13.8 Noise Control ....................................... 729 1-14 Offenses and Miscellaneous Provisions . . . . . . . . . . . . . . . . . . 739 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 739 Art. II. Regulation of Distribution of Commercial Hand- bills ........................................ 740 Art. III. Motor Vehicle Title Loans . . . . . . . . . . . . . . . . . . . 742 1-14.5 Officers and Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 763 Art. I. In General ................................... 763 Art. II. Deferred Compensation Program . . . . . . . . . . . . . 763 1-15 Parks and Recreation .................................. 789 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789 Art. II. Regulations for Properties and Facilities Owned or Leased by County ......................... 790 Art. III. Parks Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . 796 1-16 Planning ............................................. 849 Art. I. In General ................................... 849 Art. II. Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . 849 Art. III. Historical Commission . . . . . . . . . . . . . . . . . . . . . . 851 Art. N Reserved ................................... 854 Art. V. Reserved .................................... 854 1-16 2 Public Property ...................................... 855 Art. I. Disposition of Surplus Real Property . . . . . . . . . . 855 1-16.3 Public Buildings ..................................... 857 Art. I. In General ................................... 857 Art. II. Public Buildings Impact Fee . . . . . . . . . . . . . . . . . 857 1-16.5 Railroads ........................................... 879 1-16.7 5 Reseach and Development; Treasure Coast Education, Research and Development Authority . . . . . . . . . . . . . . . . 885 1-17 Roads and Bridges .................................... 903 Art. I. In General ................................... 903 Art. II. Special Improvement Service District . . . . . . . . . 903 Art. III. Roads Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . 907 Art. IV. Building and Equipment Moving . . . . . . . . . . . . . 924.8 Art. V. Street and House Naming and Numbering .... 927 Art. VI. Reserved ................................... 930 1-18 Sheriff ................................................ 957 Art. I. In General ................................... 957 Supp. No. 71 Xli TABLE OF CONTENTS-Cont'd. Chapter Page Art. II. Law Enforcement Impact Fee . . . . . . . . . . . . . . . . 958 1-19 Reserved ............................................. 1005 1-19.3 Taxation ............................................ 1035 Art. I. In General ................................... 1035 Art. II. Reserved ................................... 1035 Art. III. Tourist Development Tax . . . . . . . . . . . . . . . . . . . . 1035 Art. IV. Local Option Motor Fuel Tax . . . . . . . . . . . . . . . . 1039 Art. V. Economic Development Ad Valorem Tax Exemp- tions ........................................ 1040 Art. VI. Discretionary Sales Surt~ . . . . . . . . . . . . . . . . . . 1045 Art. VII. Ninth Cent Gas Tax . . . . . . . . . . . . . . . . . . . . . . . . 1047 Art. VIII. Homestead Exemption for Persons 65 and Older .................................... 1047 1-19.5 Tourism ............................................. 1049 Art. I. In General ................................... 1049 Art. II. St. Lucie County Tourist Development Council 1049 1-20 Traf~ic ................................................ 1065 Art. I. In General ................................... 1065 Art. II. Stopping, Standing and Parking . . . . . . . . . . . . . . 1069 Div. 1. Generally ............................... Div. 2. Handicapped, Fire Lanes, Properties Owned 1069 or Leased by County, Road Rights-of-Way Owned or Leased by State, Parking Prohib- ited ..................................... 1075 Div. 3. Restrictions on Heavy Vehicles and Equip- ment in Residential Districts . . . . . . . . . . . . . 1078 Art. III. Bicycle Safety .............................. 1082 1-20.5 Water and Sewer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1095 Art. I. Regulation of Water and Sewer Utilities ....... 1095 Art. II. Water Shortage Plan . . . . . . . . . . . . . . . . . . . . . . . . 1096 Art. III. Fluoridation of Water Systems . . . . . . . . . . . . . . 1113 Art. IV. Uniform Water and Sewer Service Policy ..... 1113 1-21 Welfare ............................................... 1127 Appendix A. Reserved .............................................. 1615 B. Reserved .............................................. 1987 PAR,T II COMPILED LAWS 2-1 Administration ......................................... 2231 Art. I. In General ................................... 2231 Art. II. County Administrator . . . . . . . . . . . . . . . . . . . . . . . 2236 Art. III. Officers and Employees . . . . . . . . . . . . . . . . . . . . . 2236 Supp. No. 71 xlli ST. LUCIE COUNTY CODE Chapter Page 2-2 Advertising ............................................ 2287 2-3 Animals and Fowl ...................................... 2337 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2337 Art. II. Dogs ....................................... 2337 Art. III. Animal Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2338 2-4 Boats and Waterways ................................... 2389 2-5 Buildings and Building Regulations . . . . . . . . . . . . . . . . . . . . . . 2439 Art. I. Licensing and Examination of Construction Con- tractors ..................................... 2439 Art. II. Reserved ................................... 2459 Art. III. Unsafe Buildings and Structures . . . . . . . . . . . . 2459 2-6 Drainage and Erosion Control . . . . . . . . . . . . . . . . . . . . . . . . . . . 2501 Art. I. In General ................................... 2501 Art. II. St. Lucie County Erosion District . . . . . . . . . . . . . 2502 2-6.5 Environmental Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2535 2-7 Fish and Game ......................................... 2563 2-8 Garbage, Trash and Refuse .............................. 2615 2-9 Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2671 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2671 Art. II. St. Lucie County Mosquito Control District. ... 2672 2-10 Libraries ............................................. 2735 Art. I. In General ................................... 2735 Art. II. Law ........................................ 2736 2-11 Offenses and Miscellaneous Provisions . . . . . . . . . . . . . . . . . . 2787 2-12 Parks and Recreation .................................. 2837 Art. I. In General ................................... 2837 Art. II. Beach Preservation Act . . . . . . . . . . . . . . . . . . . . . . 2837 2-13 Peddlers and Hawkers ................................. 2895 Art. I. In General ................................... 2895 Art. II. Permits ..................................... 2895 2-14 Planning ............................................. 2947 Art. I. In General ................................... 2947 Art. II. Subdivision Regulations . . . . . . . . . . . . . . . . . . . . . 2947 Art. III. Zoning and Building Regulations . . . . . . . . . . . . 2949 2-15 Reserved ............................................. 3005 2-16 Public Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3063 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3063 Art. II. Street Lighting Districts . . . . . . . . . . . . . . . . . . . . . 3063 2-17 Water ................................................ 3119 2-18 Welfare ............................................... 3169 Supp. No. 71 XlV TABLE OF CONTENTS-Cont'd. Page Code Comparative Table-Resolutions . . . . . . . . . . . . . . . . . . . . . . . . 3671 Code Disposition Table-Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . 3723 Statutory Reference Table .................................... 3827 Code Index ................................................. 3849 Supp. No. 71 ~ 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. Title page Supp. No. OC Page No. 73, 74 Supp. No. 24 iii OC 75, 76 26 v, vi OC 77, 78 24 vii, viii OC 79, 80 24 ix, x 70 83, 84 55 xi, xii 71 85, 86 55 xiii, xiv 71 87, 88 55 xv 71 89, 90 55 1, 2 OC 91, 92 55 3, 4 OC 107, 108 32 55, 56 64 109 32 57, 58 61 111, 112 19 58.1 61 113, 114 19 59, 60 66 115 19 61, 62 66 157, 158 41 63, 64 66 159, 160 66 65, 66 66 160.1 66 66.1, 66.2 66 161, 162 38 66.3, 66.4 66 163, 164 41 66.5, 66.6 66 165, 166 41 67, 68 30 167, 168 55 69, 70 64 168.1, 168.2 62 70.1, 702 64 169 62 71, 72 24 170.1, 1702 56 Supp. No. 71 [1] ST. LUCIE COUNTY CODE Page No. Supp. No. Page No. Supp. No. 170.3 56 296.5, 296.6 60 171, 172 52 296.7, 296.8 63 173, 174 52 296.9, 296.10 63 175, 176 52 296.11, 296.12 70 177 52 296.13, 296.14 70 181, 182 51 296.15 70 183, 184 51 297, 298 39 185, 186 51 299, 300 39 187, 188 51 301, 302 39 189, 190 51 303, 304 39 191, 192 51 305 42 193, 194 51 313, 314 70 195, 196 51 315, 316 70 197, 198 51 317 70 199, 200 51 321, 322 61 201, 202 51 323 61 203, 204 51 337, 338 20 205, 206 51 339 20 207, 208 51 347, 348 34 209, 210 51 349, 350 34 211, 212 51 351, 352 34 213, 214 51 353 34 215, 216 51 371 25 217, 218 51 373, 374 56 219 51 375, 376 70 221, 222 49 377, 378 56 223, 224 49 379, 380 56 225 49 380.1, 3802 56 261, 262 58 380.3, 380.4 56 263, 264 58 380.5, 380.6 57 265, 266 58 380.7, 380.8 66 267, 268 59 380.9, 380.10 66 269, 270 59 381 56 271, 272 59 383 29 285, 286 70 421, 422 51 287, 288 70 422.1 51 288.1 63 423, 424 44 289, 290 67 425, 426 44 291, 292 71 427 44 293, 294 67 431, 432 29 294.1, 2942 67 433, 434 66 295, 296 60 435, 436 66 296.1, 2962 60 437, 438 66 296.3, 296.4 60 439, 440 66 Supp. No. 71 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 441, 442 66 661, 662 43 443, 444 70 663, 664 43 445, 446 70 665, 666 43 465, 466 44 667, 668 43 467, 468 44 669, 670 43 469, 470 44 671, 672 43 471, 472 70 689 29 485, 486 70 697, 698 44 487, 488 70 699, 700 44 489, 490 70 701, 702 44 491, 492 70 703, 704 44 493, 494 70 705, 706 44 495, 496 70 707, 708 44 497, 498 70 715, 716 44 499, 500 70 717, 718 49 501, 502 70 719, 720 49 503, 504 70 721, 722 51 505, 506 70 723, 724 49 507, 508 70 725, 726 49 509, 510 70 729, 730 62 511, 512 70 731, 732 67 513 70 733, 734 67 515, 516 35 735, 736 64 517, 518 32 739, 740 55 519, 520 32 741, 742 56 521, 522 35 763, 764 9 523, 524 35 789, 790 68 565, 566 57 791, 792 68 567, 568 57 793, 794 68 569, 570 56 795, 796 71 570.1 56 797, 798 71 571, 572 42 798.1, 7982 71 573, 574 56 798.3, 798.4 71 575, 576 42 798.5 71 577, 578 56 799, 800 42 579, 580 57 801, 802 56 581, 582 42 803, 804 42 617, 618 57 805, 806 56 619, 620 57 807, 808 71 621, 622 70 809, 810 71 623, 624 70 849, 850 29 625, 626 70 851, 852 68 627 70 853, 854 68 659, 660 43 855, 856 61 Supp. No. 71 [3] ST. LUCIE COUNTY CODE Page No. Supp. No. Page No. Supp. No. 856.1 61 1005 29 857, 858 71 1035, 1036 70 859, 860 71 1036.1 70 861, 862 71 1037, 1038 34 862.1, 8622 71 1039, 1040 68 862.3 71 1040.1 51 863, 864 42 1041, 1042 34 865, 866 56 1043, 1044 59 867, 868 42 1044.1 59 869, 870 42 1045, 1046 49 871, 872 71 1047, 1048 63 873 71 1049,1050 47 879 71 1065,1066 46 885, 886 71 1066.1 46 903, 904 56 1067, 1068 34 905, 906 56 1069, 1070 69 907, 908 71 1071, 1072 69 909, 910 71 1072.1, 10722 69 911, 912 71 1073, 1074 34 913, 914 71 1075, 1076 70 915, 916 71 1077, 1078 70 917, 918 71 1079, 1080 32 918.1, 9182 71 1081, 1082 46 918.3 71 1095, 1096 56 919, 920 57 1097, 1098 55 921, 922 41 1113, 1114 30 923 56 1127 OC 924.1, 9242 34 1615 29 924.3, 924.4 34 1987 29 924.5, 924.6 34 2231, 2232 OC 924.7, 924.8 56 2233, 2234 OC 924.9, 924.10 56 2235, 2236 10 925, 926 17 2237 10 927, 928 17 2287 OC 929, 930 29 2337, 2338 15 957, 958 68 2339 15 959, 960 68 2389 OC 961, 962 68 2439, 2440 44 963, 964 68 2441, 2442 44 965, 966 68 2443, 2444 53 967, 968 68 2445, 2446 55 969, 970 68 2446.1 55 971, 972 68 2447, 2448 44 973 68 2449,2450 44 Supp. No. 71 [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2451, 2452 44 3065, 3066 OC 2453, 2454 44 3067, 3068 OC 2455, 2456 44 3119 OC 2457, 2458 44 3169, 3170 OC 2459, 2460 44 3671, 3672 OC 2461,2462 44 3673 5 2501, 2502 53 3723, 3724 OC 2503, 2504 53 3725, 3726 OC 2505, 2506 53 3727, 3728 1 2507, 2508 53 3729, 3730 10 2509, 2510 53 3731, 3732 14 2511, 2512 53 3733, 3734 14 2513, 2514 53 3735, 3736 19 2515 53 3737, 3738 18 2535, 2536 12 3739, 3740 27 2537, 2538 12 3741, 3742 27 2539, 2540 12 3743, 3744 29 2541, 2542 12 3745, 3746 29 2543 12 3747, 3748 30 2563, 2564 2615, 2616 OC OC 3749, 3750 3751, 3752 35 51 2617, 2618 OC 3752.1, 37522 55 2619, 2620 OC 3752.3, 3752.4 57 2621 OC 3752.5, 3752.6 59 2671, 2672 66 3752.7, 3752.8 67 2673, 2674 66 3752.9, 3752.10 71 2675, 2676 66 3752.11 71 2677, 2678 66 3753, 3754 OC 2679, 2680 66 3755, 3756 OC 2735, 2736 53 3757, 3758 OC 2737 53 3759, 3760 OC 2787 25 3761, 3762 OC 2837, 2838 OC 3763, 3764 OC 2839, 2840 OC 3765, 3766 OC 2841, 2842 OC 3767, 3768 53 2843, 2844 OC 3769, 3770 OC 2895, 2896 OC 3771, 3772 53 2897 OC 3773, 3774 53 2947, 2948 OC 3775, 3776 53 2949, 2950 44 3777, 3778 66 2951, 2952 OC 3827, 3828 71 2953, 2954 OC 3829, 3830 71 3005 53 3831, 3832 71 3063, 3064 OC 3833 71 Supp. No. 71 [5] ST. LUCIE COUNTY CODE Page No. Supp. No. 3849, 3850 70 3851, 3852 57 3853, 3854 59 3855, 3856 59 3857, 3858 70 3859, 3860 70 3861, 3862 71 3862.1 71 3863, 3864 70 3865, 3866 70 3866.1, 38662 70 3867, 3868 66 3869, 3870 66 3871, 3872 70 3873, 3874 70 3874.1, 38742 70 3875, 3876 57 3877, 3878 70 3879, 3880 64 3881, 3882 71 3883, 3884 71 3885, 3886 71 3887, 3888 71 3888.1 71 3889, 3890 63 3890.1 63 3891, 3892 61 3893, 3894 65 3895 65 Supp. No. 71 [6] COMMUNITY DEVELOPMENT § 1-6.5-57 Sec. 1.6.5-55. Imposition. Any person, after the effective date of this article, seeks to make any improvement to land by applying for a building permit for a residential unit or an electrical permit for a mobile home or recreational vehicle used for residential purposes shall be required to pay an educational facilities impact fee in the amount set forth in this article. No such building or electrical permit shall be issued and until the educational facilities impact fee hereby imposed has been paid pursuant to section 1-6.5-57 of this article. (Ord. No. 88-16, Pt. A, 7-5-88; Ord. No. 93-003, Pt. A, 2-16-93; Ord. No. 03-023, Pt. A, 10-7-2003) Sec. 1-6.5-56. Fee schedule. The amount of the fee shall be determined by the following fee schedule: Schedule of Educational Facilities Impact Fees Land Use Type Impact Fee Per Unit Single-Family $4 956.00 , Multi-Family 2,536.00 Mobile Homes/ Recreational Vehicles (MHP/RU parks only) 1,430.00 Other Residential 4,956.00 If the type of residential 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 use on the above fee schedule. (Ord. No. 88-16, Pt. A, 7-5-88; Ord. No. 93-003, Pt. A, 2-16-93; Ord. No. 90-026, Pt. A, 10-15-96; Ord. No. 03-023, Pt. A, 10-7-2003; Ord. No. 05-025, Pt. A, 9-6-2005) Sec. 1-6.5-57. Payment of fees; credits. (a) The person applying for the issuance of a building permit or an electrical permit for a mobile home or recreational vehicle shall pay the fee to the county administrator prior to the issuance of a building permit or an electrical permit for mobile home or recreational vehicle. (b) In lieu of or part of an educational impact fee payable pursuant to this article, the school board may accept an offer of a feepayer to dedicate or convey land to the school board for school sites. If the school board accepts such an offer, it shall so inform the county administrator, who shall credit the amount indicated by the school board against the sum otherwise due. Except as provided in subsection (c) of this section, the fee or portion thereof satisfied by the dedication or conveyance shall be deemed paid when the dedication or conveyance has occurred pursuant to the following procedure: (1) The delivery to the school board of a title insurance commitment, to insure the property in a sum to be agreed upon by the board. Supp. No. 71 291 § 1-6.5-57 ST. LUCIE COUNTY CODE (2) The delivery to the board of a deed, with sufficient funds to pay all costs of transfer of title including recording. (3) The escrow of taxes for the current year, pursuant to F.S. § 196265, as the same may be amended, or the payment of the taxes for the year. (4) The issuance of a title insurance policy subsequent to recording of the deed and escrow of taxes. (c) Notwithstanding the procedure set forth in subsection (b) of this section, the educational impact fee credit allowed for property that is the subject of an impact fee agreement between the school board and the feepayer or the feepayer's predecessor in interest shall be determined as provided in such agreement. (d) Pursuant to F.S. § 380.06(16), the value of educational capital facilities required pursuant to a county- or city-approved development order shall be credited against the educational facilities impact fee. (e) Credit for contributions, payxnents, construction or dedications of the educational facilities impact fee shall not be transferable as a credit against other impact fees for purposes other than for educational facilities. No credit shall exceed the amount due for the educational facilities impact fee. (f~ If educational facilities 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. 88-16, Pt. A, 7-5-88; Ord. No. 93-003, Pt. A, 2-16-93; Ord. No. 03-023, Pt. A, 10-7-2003) Sec. 1-6.5-58. 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 School Board. The collecting governmental unit shall be entitled to retain up to but not more than four (4) per cent of the funds collected to compensate them for the administrative expenses of collecting and administering the educational facilities impact fee ordinance. (b) The remaining funds collected and transmitted to the school board shall be spent solely to meet the educational facilities necessitated by new development. (c) The St. Lucie County Board of County Commissioners and the school board 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. 88-16, Pt. A, 7-5-88; Ord. No. 03-023, Pt. A, 10-7-2003) Supp. No. 71 292 PARK,S AND RECREATION § 1-15-30 (c) Preserves or portions of preserves shall be closed to public use under the following conditions: (1) When necessary for public safety during wildfires or prescribed burns. (2) When necessary during emergency conditions such as floods, severe weather events, or wildfire danger for public safety and the protection of natural resources. All closures shall require the approval of the appropriate county department director and concur- rence of the county administrator. In no event shall such closures exceed thirty (30) days' duration without the approval of the board of county commissioners. (3) When necessary on a permanent basis to protect natural, historic or archaeological resources. Such closures shall require advance public notice and approval by the board of county commissioners. (d) Temporary closures of preserves or portions of preserves will be posted at authorized points of entry to the preserves. (Ord. No. 00-15, Pt. B, 9-19-2000) Sec. 1-15-29. Use of vehicles, airboats and aircraft. (a) Vehicular travel within preserves is limited to designated areas as specified in the management plan. (b) Airboat use within preserves is limited to designated areas as specified in the management plan. (c) The take off or landing of either motorized or non-motorized conventional or model aircraft such as airplanes, helicopters, ultra lights, gliders, and hang gliders, within preserves is prohibited unless specified in the management plan. The use of helicopters as part of the management of the site is permitted by management personnel. (d) The operation of bicycles on designated hiking trails closed to such use is prohibited. (e) This section shall not apply to authorized law enforcement, emergency or county government vehicles. (Ord. No. 00-15, Pt. B, 9-19-2000) Sec. 1-15-30. Equestrian activities; use of saddle animals. (a) Preserves open to equestrian activities and the use of saddle animals shall be specified in the management plan. (b) Where authorized, the use of horses and other saddle animals shall be permitted on all designated roads, firebreaks and trails within preserves, unless otherwise specified in the management plan. (c) The use of horses and other saddle animals on designated hiking trails is prohibited. (Ord. No. 00-15, Pt. B, 9-19-2000) Supp. No. 71 795 § 1-15-31 ST. LUCIE COUNTY CODE AR.TICLE III. PARKS 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)(~, 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, purposes, and ~ndings. (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. (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 Environxnental 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. (d) The park system of the county is designed and intended to provide recreational facilities and open space for all citizens of the county, in both unincorporated and incorporated areas. Therefore, placing a fair share of the burden of the cost of providing capital improvements and additions to the park system within municipal areas constitutes a county purpose. Supp. No. 71 796 PARKS AND RECREATION § 1-15-33 (e) All new residential construction within the county in both unincorporated and incorpo- rated areas impacts the need for future improvements and expansions to the county park system. Accordingly, the provision by the county of expansions and additions to the regional park system benefits all residents of the county, including residents of municipalities, and is in the best interest of the public's health, safety, and welfare. (Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 05-030, Pt. M, 9-6-2005) 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. 71 797 § 1-15-33 ST. LUCIE COUNTY CODE (9) "County administrator" means the county adxninistrator 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. Definitions. 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 perxnit 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. Priuate recreational facility is any recreational facility which is not owned by or dedicated to any governmental entity. Park system consists of regional recreation areas, special recreation areas, beach access areas and community parks. The park system does not include neighborhood parks. 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 area 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, fair- grounds, athletic complexes, or watersport facilities. (Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 05-030, Pt. N, 9-6-2005) Sec. 1-15-35. Imposition of parks impact fee. (a) Any person who, after the effective date of this article, seeks to develop land within St. Lucie County 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. 71 79$ 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; Ord. No. 05-030, Pt. O, 9-6-2005) 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: PAR,KS IMPACT FEE COUNTYWIDE ASSESSMENT UNIT OF IMPACT LAND USE TYPE MEASURE FEE RESIDENTIAL Single-family Per unit $456.00 Mobile home/R,V unit (park only) 299.00 Multi-family 1 and 2 floors Per unit 406.00 Multi-family 3+ floors 406.00 HoteUmotel Per room 293.00 Bed and breakfast (guest rooms) 293.00 All other residential Per unit 456.00 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 subsection (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 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. Supp. No. 71 798.1 § 1-15-36 ST. LUCIE COUNTY CODE (c) For a period of six (6) months following the effective date of Ordinance 05-030, feepayers commencing land development activity within the municipal boundaries of the City of Port St. Lucie shall pay a fee equal to thirty (30) per cent of the amount contained within this section. (Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 00-005, Pt. A, 5-9-2000; Ord. No. 05-030, Pt. P, 9-6-2005) 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 comxnissioners 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. Pierce, Port St. Lucie or St. Lucie Village. 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 subsection 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. 1-15-37.1. Alternative collection mechanism. In the event the parks impact fees are not paid prior to the issuance of a building permit because of mistake or inadvertence or in the event a municipality has not agreed to assist in the collection of those parks impact fees imposed within municipal boundaries, the county shall proceed to collect the parks impact fees as follows: (a) The county shall serve, by certified mail, return receipt requested, an impact fee statement notice upon the feepayer at the address set forth in the application for a building permit, and the owner at the address appearing on the most recent records Supp. No. 71 7982 PAR,KS AND RECREATION § 1-15-37.1 maintained by the property appraiser of the county. The county shall also attach a copy of the impact fee statement notice to the building permit posted at the site of the land development activity if construction has commenced. Service of the impact fee statement notice shall be deemed notice that the impact fees are due and service shall be deemed effective on the date the return receipt indicates the notice was received by either the feepayer of the owner of the property, whichever occurs first. The impact fee statement notice shall contain the legal description of the property and shall advise the feepayer and owner as follows: (1) The amount due and the general purpose for which the parks impact fees were imposed; (2) That a hearing before the board of county commissioners may be requested within thirty (30) calendar days from the receipt of the impact fee statement notice, by making application at the office of the county administrator; (3) That the parks impact fees shall be delinquent if not paid and received by the county within sixty (60) calendar days of the date the impact fee statement notice was received, excluding the date of receipt, or if a hearing is not scheduled and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid; (4) That in the event the parks impact fees become delinquent a lien against the property for which the building permit was secured shall be recorded in the official records of the county. (b) The parks impact fees shall be delinquent if, within sixty (60) calendar days from the date of the receipt of the impact fee statement notice by either the feepayer or the owner or the date said notice was attached to the building permit, neither the parks impact fees have been paid and received by the county nor a hearing requested. In the event a hearing is requested within the time period allowed, the parks impact fees shall become delinquent if not paid within thirty (30) calendar days from the date the board of county commissioners determined the amount of parks impact fees due upon the conclusion of such hearing. Upon becoming delinquent, a delinquency fee equal to ten (10) per cent of the total parks impact fees imposed shall be assessed. Such total parks impact fees, plus the delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid. (c) Should the parks impact fees become delinquent, as set forth above, the county shall serve, by certified mail, return receipt requested, a"Notice of Lien" upon the delinquent feepayer at the address indicated in the application for a building permit and upon the owner of the property at the address appearing on the most recent records maintained by the property appraiser of the county. The notice of lien shall notify the delinquent feepayer and owner that due to their failure to pay the parks impact fees, the county shall file a claim of lien with the clerk of the circuit court. (d) Upon mailing the notice of lien, the county attorney shall file a claim of lien with the clerk of the circuit court for recording in the official records of the county. The claim of Supp. No. 71 798,3 § 1-15-37.1 ST. LUCIE COUNTY CODE lien shall contain the legal description of the property, the amount of the delinquent impact fees and the date of their imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The county attorney shall proceed expeditiously to collect, foreclose or otherwise enforce said lien. (e) After the expiration of one (1) year from the date of recording the claim of lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. §§ 173.04 through 173.12, inclusive, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. Attorney's fees and costs incurred by the county in the foreclosure proceedings shall be recoverable. (f) The liens for delinquent park impact fees imposed hereunder shall remain liens, coequal with the liens of all state, county, district and municipal taxes and superior in dignity to all other liens and claims, until paid. (g) The collection and enforcement procedures set forth in this section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative regulations of the county or any other applicable law or administrative regulation of the State of Florida. Failure of the county to follow the procedure set forth in this section shall not constitute a waiver of its rights to proceed under any other applicable procedure. (h) In the event that the property for which the building permit is issued is located within a municipality that has not agreed to assist in the collection of the parks impact fee, a feepayer that pays the parks impact fee directly to the county prior to the receipt of an impact fee statement notice, shall be entitled to a ten (10) per cent reduction in the amount of the parks impact fee due. (i) In the event that the alternative collection mechanism contained herein is utilized by the county to collect the delinquent parks impact fee and that collection procedure results in an inequitable burden as a result of the particular terms and provisions of the construction or loan contract of the feepayer, then such feepayer may petition the county administrator for relief. The county administrator may make such adjustments to the collection process to address such adverse impacts resulting from the use of the alternative collection procedure. The feepayer shall have a right of review of the decision of the county administrator to the board of county commissioners. (Ord. No. 05-030, Pt. Q, 9-6-2005) 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 Supp. No. 71 798.4 PARKS AND RECREATION § 1-15-38 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 F.S. § 380.06, 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 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. 71 798.5 PARKS AND RECREATION § 1-15-43 North 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. North 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; Ord. No. 05-030, Pt. R, 9-6-2005) 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 fee shall be used solely for the purpose of capital improvements to the parks system, including, beach access areas, special recreation areas and regional recreation areas within the Comprehensive Plan of St. Lucie County and identified within the study entitled "Parks Impact Fees for St. Lucie County," dated July, 2005, by Dr. James Nicholas, which is incorporated by reference, or with prior approval of the county commission those parks, beach access, regional recreation and special recreation areas under the jurisdiction of the City of Ft. Supp. No. 71 807 § 1-15-43 ST. LUCIE COLTNTY CODE Pierce, Port St. Lucie, St. Lucie V'illage 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, all remaining funds collected from the parks impact fee shall be used exclusively for identified parks 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; Ord. No. 05-030, Pt. S, 9-6-2005) 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, and the collecting government entity, if not the county, shall retain four (4) 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 (10) 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; Ord. No. 00-034, Pt. A, 9-19-2000) Sec. 1-15-45. Exemptions. (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. Supp. No. 71 HOH PARK,S AND RECREATION § 1-15-47 (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. (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 parks 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. 95-023, Pt. A, 9-19-95) Sec. 1-15-46. 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. 95-023, Pt. A, 9-19-95) Sec. 1-15-47. Review and automatic adjustment of fees. (a) The parks impact fee shall be adjusted by the county administrator in April of each calendar year. Unless otherwise directed by the county comxnission, any adjustments to the parks impact fee, made pursuant to this section, shall be effective the first Monday in October of each calendar year. All adjustments to the parks impact fee shall be based on the methodology described in subsection (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 by the United States Department of Labor, - Bureau of Labor Statistics. For the purpose of this section the initial index to be referenced is January 1996. The parks impact fee shall be adjusted by the percentage change in the index. Supp. No. 71 gpg § 1-15-47 ST. LUCIE COiJNTY CODE (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 shall review the parks impact fee at least once every five (5) years from the effective date of this article (January 1, 1996). (Ord. No. 95-023, Pt. A, 9-19-95) Supp. No. 71 $10 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. ARTICLE II. PUBLIC BiTILDINGS 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 4328, 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, purposes and ~ndings. (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 Sept. 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. 71 857 § 1-16.3-12 ST. LUCIE COUNTY 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 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, F.S. Chapters 163 and 380, respectively, has sought to encourage local governments to enact impact fees as a paxt of their land development regulation program. (d) As provided in F.S. §§ 29.008 and 4328, the county is charged with the responsibility to provide all courtrooms, facilities and equipment for the operation of the circuit and county courts, and to provide for the facilities and equipment for the taY collector, property appraiser, supervisor of elections, and clerk of the courts, which functions, serves and benefits all residents of the county, in both unincorporated and incorporated areas. All new construction within the county in both unincorporated and incorporated areas impacts the need for future improvements and additions to the circuit and county courts. Accordingly, the provision by the county of improvements and additions to the circuit and county courts benefits all residents of the county, including residents of municipalities, and is in the best interest of the public's health, safety, and welfare. (e) Pursuant to F.S. § 30.49, the county is responsible for the provision of all corrections and detention facilities and equipment for the operation of the county jail facility, which serves and benefits all residents of the county, in both unincorporated and incorporated areas. All new construction within the county in both unincorporated and incorporated areas impacts the need for future improvements and additions to the county jail. Accordingly, the provision by the county of improvements and additions to the county jail benefits all residents of the county, including residents of municipalities, and is in the best interest of the public's health, safety, and welfare. (Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 05-030, Pt. A, 9-6-2005) 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 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. Supp. No. 71 $5$ PUBLIC BUILDINGS § 1-16.3-14 (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. 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 communications 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 means all buildings, physical plant, accessory facilities and equipment owned or leased by the board of county commissioners and used to provide and support the following functions: (a) County and circuit court activities and proceedings; (b) Services and responsibilities of the tax collector, property appraiser, supervisor of elections, clerk of the courts and sheriff; and (c) Correction and detention activities at the county jail facility. (Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-009, Pt. A, 5-9-2000; Ord. No. 05-030, Pt. B, 9-6-2005) Supp. No. 71 859 § 1-16.3-15 ST. LUCIE COUNTY CODE Sec. 1-16.3-15. Imposition of public buildings impact fee. (a) Any person who, after the effective date of this article, seeks to develop land within St. Lucie County 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. (Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 05-030, Pt. C, 9-6-2005) 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: PUBLIC BUILDINGS IMPACT FEE COUNTYWIDE ASSESSMENT IMPACT FEE UNIT OF Fee as of LAND USE TYPE MEASURE 10 / 01 / 04* RESIDENTIAL Single-family Per unit $347.00 Mobile home/R.V unit (park only) Per unit 227.00 Multi-family 1 and 2 floors Per unit 310.00 Multi-family 3+ floors Per unit 310.00 HoteUmotel (per room) Per room 224.00 Bed & breakfast (guest rooms) 224.00 All other residential Per unit 347.00 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 390.00 Other office Per 1,000 sq. ft. 623.00 RETAIL TRADE Under 100,000 square feet Per 1,000 sq. ft. 438.00 100,000-499,000 square feet Per 1,000 sq. ft. 504.00 500,000 square feet and over Per 1,000 sq. ft. 367.00 GASOLINE SERVICES Gasoline pumps Per pump stat 63.00 Supp. No. 71 860 PUBLIC BUILDINGS § 1-16.3-16 IMPACT FEE UNIT OF Fee as of LAND USE TYPE MEASURE 10 / 01 / 04* INDUSTRIAL Warehouse Per 1,000 sq. ft. 32.00 ~uck terminal Per 1,000 sq. ft. 111.00 General industrial Per 1,000 sq. ft. 89.00 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 499.00 School-Middle/high Per 1,000 sq. ft. 2,206.00 Day care center Per 1,000 sq. ft. 268.00 Fraternal organization Per 1,000 sq. ft. 0 Hospital Per bed 416.00 Nursing home Per bed 449.00 Library Per 1,000 sq. ft. 628.00 RECREATIONAL Park (city/county/state) Per acre 63.00 Recreation facility-All types Per 1,000 sq. ft. 79.00 Golf course Per acre 162.00 Movie theaters Per 1,000 sq. ft. 71.00 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 subsection (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. (c) For a period of six (6) months following the effective date of Ordinance No. 05-030, feepayers commencing land development activity within the municipal boundaries of the City of Port St. Lucie shall pay a fee equal to eighty-four (84) per cent of the amount contained within this section. (Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-009, Pt. A, 5-9-2000; Ord. No. 05-030, Pt. D, 9-6-2005) Supp. No. 71 861 § 1-16.3-17 ST. LUCIE COUNTY CODE 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 subsection 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) Sec. 1-16.3-17.1. Alternative collection mechanism. In the event the public buildings impact fees are not paid prior to the issuance of a building permit because of mistake or inadvertence or in the event a municipality has not agreed to assist in the collection of those public buildings impact fees imposed within municipal boundaries, the county shall proceed to collect the public buildings impact fees as follows: (a) The county shall serve, by certified mail, return receipt requested, an impact fee statement notice upon the feepayer at the address set forth in the application for a building permit, and the owner at the address appearing on the most recent records maintained by the property appraiser of the county. The county shall also attach a copy of the impact fee statement notice to the building permit posted at the site of the land development activity if construction has commenced. Service of the impact fee statement notice shall be deemed notice that the impact fees are due and service shall be deemed effective on the date the return receipt indicates the notice was received by either the feepayer of the owner of the property, whichever occurs first. The impact fee statement notice shall contain the legal description of the property and shall advise the feepayer and owner as follows: (1) The amount due and the general purpose for which the public buildings impact fees were imposed; (2) That a hearing before the board of county commissioners may be requested within thirty (30) calendar days from the receipt of the impact fee statement notice, by making application at the office of the county administrator; Supp. No. 71 862 PUBLIC BUILDINGS § 1-16.3-17.1 (3) That the public buildings impact fees shall be delinquent if not paid and received by the county within sixty (60) calendar days of the date the impact fee statement notice was received, excluding the date of receipt, or if a hearing is not scheduled and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid; (4) That in the event the public buildings impact fees become delinquent a lien against the property for which the building permit was secured shall be recorded in the official records of the county. (b) The public buildings impact fees shall be delinquent if, within sixty (60) calendar days from the date of the receipt of the impact fee statement notice by either the feepayer or the owner or the date said notice was attached to the building permit, neither the public buildings impact fees have been paid and received by the county nor a hearing requested. In the event a hearing is requested within the time period allowed, the public buildings impact fees shall become delinquent if not paid within thirty (30) calendar days from the date the board of county commissioners determined the amount of public buildings impact fees due upon the conclusion of such hearing. Upon becoming delinquent, a delinquency fee equal to ten (10) per cent of the total public buildings impact fees imposed shall be assessed. Such total public buildings impact fees, plus the delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid. (c) Should the public buildings impact fees become delinquent, as set forth above, the county shall serve, by certified mail, return receipt requested, a"Notice of Lien" upon the delinquent feepayer at the address indicated in the application for a building permit and upon the owner of the property at the address appearing on the most recent records maintained by the property appraiser of the county. The notice of lien shall notify the delinquent feepayer and owner that due to their failure to pay the public buildings impact fees, the county shall file a claim of lien with the clerk of the circuit court. (d) Upon mailing the notice of lien, the county attorney shall file a claim of lien with the clerk of the circuit court for recording in the official records of the county. The claim of lien shall contain the legal description of the property, the amount of the delinquent impact fees and the date of their imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The county attorney shall proceed expeditiously to collect, foreclose or otherwise enforce said lien. (e) After the expiration of one (1) year from the date of recording the claim of lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. §§ 173.04 through 173.12, inclusive, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. Attorney's fees and costs incurred by the county in the foreclosure proceedings shall be recoverable. Supp. No. 71 862.1 § 1-16.3-17.1 ST. LUCIE COUNTY CODE (~ The liens for delinquent public buildings impact fees unposed hereunder shall remain liens, coequal with the liens of all state, county, district and municipal taxes and superior in dignity to all other liens and claims, until paid. (g) The collection and enforcement procedures set forth in this section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative regulations of the county or any other applicable law or administrative regulation of the State of Florida. Failure of the county to follow the procedure set forth in this section shall not constitute a waiver of its rights to proceed under any other applicable procedure. (h) In the event that the property for which the building permit is issued is located within a municipality that has not agreed to assist in the collection of the public buildings impact fee, a feepayer that pays the public buildings impact fee directly to the county prior to the receipt of an impact fee statement notice, shall be entitled to a ten (10) per cent reduction in the amount of the public buildings impact fee due. (i) In the event that the alternative collection mechanism contained herein is utilized by the county to collect the delinquent public buildings impact fee and that collection procedure results in an inequitable burden as a result of the particular terms and provisions of the construction or loan contract of the feepayer, then such feepayer may petition the county administrator for relief. The county administrator may make such adjustments to the collection process to address such adverse impacts resulting from the use of the alternative collection procedure. The feepayer shall have a right of review of the decision of the county administrator to the board of county commission- ers. (Ord. No. 05-030, Pt. E, 9-6-2005) 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 F.S. § 380.06, 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 Supp. No. 71 8622 PUBLIC BUILDINGS § 1-16.3-18 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 determined 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 developments of regional impact. Pursuant to F.S. § 380.06(16), 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 commissioners. The following provisions are the general rules for the award of credit, supplemented and provided in this section: (1) Credit for contributions, payxnents, 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. ~ J Supp. No. 71 862.3 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 contained within the county's comprehensive plan and identified within the study entitled "Public Buildings Impact Fees for St. Lucie County," dated July, 2005, by Dr. James Nicholas, which is incorporated by reference, 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; Ord. No. 05-030, Pt. F, 9-6-2005) 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 and the collecting government entity, if not the county, shall retain four (4) per cent of the funds as an administrative fee to offset the costs of refunding. Supp. No. 71 871 § 1-16.3-24 ST. LUCIE COUNTY CODE (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 payxnent 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. 95-41, Pt. A, 9-19-95; Ord. No. 00-033, Pt. A, 9-19-2000) 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 adxninistering 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. 95-41, Pt. A, 9-19-95) Supp. No. 71 $72 PUBLIC BUILDINGS § 1-16.3-27 Sec. 1-16.3-27. Review and automatic adjustment 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 subsection (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 1996. The public buildings 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 shall review the public buildings impact fee at least once every five (5) years from the effective date of this article (January 1, 1996). (Ord. No. 95-41, Pt. A, 9-19-95) Supp. No. 71 [The next page is 879] 873 Chapter 1-16.5 RAILROADS* Sec. 1-16.5-1. Use of audible warning signals. No railroad train of a railroad company operating wholly within this state may emit an audible signal between 10:00 p.m. and 6:00 a.m. in advance of any public railroad-highway grade crossing having train-activated automatic traffic-control devices that shall include flashing lights, bells and crossing gates. (Ord. No. 88-15, Pt. A, 2-9-88) Secs. 1-16.5-2-1-16.5-10. Reserved. Sec. 1-16.5-11. Posting of signs. (a) The county road and bridge director is hereby directed to erect signs at all crossings affected by this chapter containing the following warning: NO TRAIN HORNS 10:00 P.M.-6:00 A.M. (b) Such signs shall conform with the uniform system of traffic-control devices as specified in F.S. § 316.0745. (Ord. No. 88-15, Pt. B, 2-9-88) *Cross references-Noise control, Ch. 1-13.8; roads and bridges, Ch. 1-17. State law reference-Authority to prohibit trains from emitting audible warning signals at certain times at public railroad-highway grade crossings, F.S. § 351.03(4)(a). [The next page is 885] Supp. No. 71 879 Chapter 1-16.75 RESEAR,CH AND DEVELOPMENT; TREASUR,E COAST EDUCATION, RESEAR,CH AND DEVELOPMENT AUTHORITY* ~ Sec. 1-16.75-1. Declaration and finding of need. The board declares that there is a need for a research and development authority in St. Lucie County for the purposes set forth in F.S. § 159.701 and finds that there exists a need for the development and financing of one (1) or more research and development parks. (Ord. No. 05-028, Pt. A, 8-23-2005) Sec. 1-16.75-2. Construction. This chapter shall be liberally construed to affect the purposes for which it was enacted. In addition, this chapter shall be construed so as to permit the full exercise of the powers and performance of the functions granted and authorized by F.S. ch. 159, pts. II and V, except otherwise limited by the provisions of this chapter. (Ord. No. 05-028, Pt. A, 8-23-2005) Sec. 1-16.75-3. Authority created; membership and qualifications. (a) There is hereby created and established a public body corporate and politic to be known as the Treasure Coast Education, Research and Development Authority (hereinafter known as the "authority"). (b) The membership of the authority, its qualifications and method of appointment, reappointment and removal shall be as prescribed in F.S. § 159.703 and by resolution approved by St. Lucie County Board of County Commissioners. (Ord. No. 05-028, Pt. A, 8-23-2005) Sec. 1-16.75-4. Conduct of business; meetings; rules of procedure. The authority shall conduct its business and its meetings and shall promulgate such rules and procedures, as necessary, pursuant to the provisions specified in F.S. §§ 159.701 through 159.7095. The authority shall meet with the St. Lucie County Board of County Commissioners bi-annually to discuss goals, objectives and to resolve any issues. (Ord. No. 05-028, Pt. A, 8-23-2005) *State law reference-Authority to create an education, research and development authority, F.S., Part V, Chapter 159. Supp. No. 71 885 § 1-16.75-5 ST. LUCIE COUNTY CODE Sec. 1-16.75-5. Functions. The authority shall perform all of its functions throughout St. Lucie County as required of a development and research authority pursuant to F.S. §§ 159.701 through 159.7095. (Ord. No. 05-028, Pt. A, 8-23-2005) Sec. 1-16.75-6. Powers and duties. The authority shall exercise all of the powers and duties as specified in F.S. § 159.705, subject to the limitations contained therein, and the exercise of those powers and duties shall be deemed and held to be the performance of essential public purposes and functions. In the exercise of these public purposes and functions, the authority shall at all times conduct its business in accordance with requirements of F.S. ch. 159, or as otherwise required by law. (Ord. No. 05-028, Pt. A, 8-23-2005) [The next page is 903] Supp. No. 71 886 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. 1-17-22-1-17-24. Reserved. AR,TICLE III. ROADS IMPACT 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. 71 90'] § 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, purposes, and ~ndings. (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. (d) The county is charged with the responsibility and control over all arterial, collector and other roads, bridges, tunnels and related facilities within the county road system, in both unincorporated and incorporated areas, and thus is charged with increasing the capacity of these facilities as provided in F.S. §§ 125.01(m) and 336.02. (e) All new construction within the county in both unincorporated and incorporated areas impacts the need for future improvements and additions to the county road system. Accord- ingly, the provision by the county of roadway capacity benefits all residents of the county, including residents of municipalities, and is in the best interest of the public's health, safety and welfare. (Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 93-002, Pt. A, 2-16-93; Ord. No. 05-030, Pt. G, 9-6-2005) Supp. No. 71 JQ$ ROADS AND BRIDGES § 1-17-27 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 text shall control. (2) The work "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 conte~ 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 context 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) Cross reference-Zoning, App. A. Supp. No. 71 gpg § 1-17-28 ST. LUCIE COUNTY CODE Sec. 1-17-28. Imposition of roads impact fee. (a) Any person who, after the effective date of this article, seeks to develop land within St. Lucie County by making improvements to land which will generate additional traf~ic and which requires the issuance of a building permit or an electrical permit for recreational vehicle parks or mobile home paxks 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 payxnent 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; Ord. No. 05-030, Pt. H, 9-6-2005) 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 NIAIlVI.A1vD IMPACT FEE UNIT OF Fee as of LAND USE TYPE MEASURE 10 / 01 / 04~ RESIDENTIAL Single-family Per unit $2,059.00 Mobile home/RV unit (park only) Per unit 1,029.00 Multi-family 1 and 2 floors Per unit 1,500.00 Multi-family 3+ floors Per unit 784.00 HoteUmotel Per room 1,950.00 Bed & breakfast residence (guest rooms) Per room 947.00 All other residential Per unit 1,500.00 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 5,633.00 General office Per 1,000 sq. ft. 1,259.00 RETAIL TRADE Under 100,000 square feet Per 1,000 sq. ft. 5,633.00 100,000-499,000 square feet Per 1,000 sq. ft. 2,532.00 500,000 or more square feet Per 1,000 sq. ft. 2,477.00 Supp. No. 71 910 ROADS AND BRIDGES § 1-17-29 ~ IMPACT FEE UNIT OF Fee as of LAND USE TYPE MEASURE 10 / OZ / 04* GASOLINE SERVICES (Per service po- sition) Gasoline pumps Per pump stat 7,076.00 INDUSTRIAL Warehouse Per 1,000 sq. ft. 414.00 Truck terminal Per 1,000 sq. ft. 835.00 General industrial Per 1,000 sq. ft. 461.00 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 1,136.00 School-Middle/high Per 1,000 sq. ft. 1,125.00 Day care center Per 1,000 sq. ft. 3,740.00 Fraternal organization Per 1,000 sq. ft. 860.00 Hospital Per bed 1,583.00 Nursing home Per bed 352.00 Library Per 1,000 sq. ft. 2,548.00 RECREATIONAL Park (city/county/state) Per acre 214.00 Recreation facility-All types Per 1,000 sq. ft. 292.00 Golf course Per acre 475.00 Movie theaters Per seat 41.00 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 LAND USE TYPE MEASURE 10 / OZ / 04* RESIDENTIAL Single-family Per unit $1903.00 , Mobile home/RV unit (park only) Per unit 987.00 Multi-family 1 and 2 floors Per unit 1,646.00 Multi-family 3+ floors Per unit 1,024.00 HoteUmotel Per room 3,182.00 Bed & breakfast (guest rooms) Per room 1,638.00 Supp. No. 71 911 § 1-17-29 ST. LUCIE COUNTY CODE IMPACT FEE UNIT OF Fee as of LAND USE TYPE MEASURE 10 / 01 / 04* All other residential Per unit 2,450.00 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 2,220.00 General office Per 1,000 sq. ft. 496.00 RETAIL TRADE Under 100,000 square feet Per 1,000 sq. ft. 1,499.00 100,000-499,000 square feet Per 1,000 sq. ft. 1,234.00 500,000 or more square feet Per 1,000 sq. ft. 1,066.00 GASOLINE SERVICES (Per service po- sition) Gasoline pumps Per pump stat 2,569.00 INDUSTRIAL Warehouse Per 1,000 sq. ft. 89.00 ~uck terminal Per 1,000 sq. ft. 180.00 General industrial Per 1,000 sq. ft. 99.00 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 489.00 School-Middle/high Per 1,000 sq. ft. 485.00 Day care center Per 1,000 sq. ft. 1,609.00 Fraternal organization Per 1,000 sq. ft. 370.00 Hospital Per bed 680.00 Nursing home Per bed 150.00 Library Per 1,000 sq. ft. 1,097.00 RECREATIONAL Park (city/county/state) Per acre 93.00 Recreation facility-All types Per 1,000 sq. ft. 127.00 Golf course Per acre 205.00 Movie theaters Per seat 17.00 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. Supp. No. 71 912 ROADS AND BRIDGES § 1-17-29 ROAD IMPACT FEE FT. PIERCE ISLAND / LAND USE TYPE RESIDENTIAL Single-family Mobile home/RV unit (park only) Multi-family 1 and 2 floors Multi-family 3+ floors HoteUmotel Bed & breakfast (guest rooms) All other residential OFFICE & FINANCIAL Medical office Other office RETAIL TRADE Under 100,000 square feet 100,000-499,000 square feet 500,000 or more square feet GASOLINE SERVICES (Per service po- sition) Gasoline pumps INDUSTRIAL Warehouse 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 Supp. No. 71 IMPACT FEE UNIT OF Fee as of MEASURE 10 / 01 / 04* Per unit $1,615.00 Per unit 581.00 Per unit 1,313.00 Per unit 538.00 Per room 1,875.00 Per room 909.00 Per unit 1,442.00 Per 1,000 sq. ft. 1,077.00 Per 1,000 sq. ft. 240.00 Per 1,000 sq. ft. 727.00 Per 1,000 sq. ft. 598.00 Per 1,000 sq. ft. 518.00 Per pump stat 2,492.00 Per 1,000 sq. ft. 44.00 Per 1,000 sq. ft. 87.00 Per 1,000 sq. ft. 49.00 Per 1,000 sq. ft. 100.00 Per 1,000 sq. ft. 235.00 Per 1,000 sq. ft. 781.00 Per 1,000 sq. ft. 180.00 Per bed 137.00 Per bed 74.00 Per 1,000 sq. ft. 534.00 Per acre 45.00 Per pkg. space 61.00 913 § 1-17-29 ST. LUCIE COUNTY CODE IMPACT FEE UNIT OF Fee as o f LAND USE TYPE MEASURE 10 / 01 / 04 * Golf course Per acre 100.00 Movie theaters Per seat 3.00 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 SOUTH ISLAND IMPACT FEE UNIT OF Fee as o f LAND USE TYPE MEASURE 10 / 01 / 04* RESIDENTIAL Single-family Per unit $2,057.00 Mobile home/R.U unit (park only) Per unit 741.00 Multi-family 1 and 2 floors Per unit 1,673.00 Multi-family 3+ floors Per unit 666.00 Hotellmotel Per room 2,412.00 Bed & breakfast (guest rooms) Per room 1,170.00 All other residential Per unit 1,838.00 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 1,942.00 Other office Per 1,000 sq. ft. 434.00 RETAIL TRADE Under 100,000 square feet Per 1,000 sq. ft. 1,312.00 100,000-499,000 square feet Per 1,000 sq. ft. 1,080.00 500,000 or more square feet Per 1,000 sq. ft. 933.00 GASOLINE SERVICES (Per service po- sition) Gasoline pumps Per pump stat 4,497.00 INDUSTRIAL Warehouse Per 1,000 sq. ft. 78.00 Truck terminal Per 1,000 sq. ft. 157.00 General industrial Per 1,000 sq. ft. 87.00 INSTITLJTIONAL School-Elem. Per 1,000 sq. ft. 424.00 School-Middle/high Per 1,000 sq. ft. 424.00 Supp. No. 71 914 ROADS AND BRIDGES § 1-17-29 ~ LAND USE TYPE Day care center Fraternal organization Hospital Nursing home Library RECREATIONAL Park (city/county/state) Recreation facility-All types Golf course Movie theaters IMPACT FEE UNIT OF Fee as of MEASURE 10/01 /04* Per 1,000 sq. ft. 1,410.00 Per 1,000 sq. ft. 325.00 Per bed 596.00 Per bed 132.00 Per 1,000 sq. ft. 960.00 Per acre 81.00 Per pkg. space 110.00 Per acre 180.00 Per seat 15.00 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- trator shall be guided in the selection of a comparable type by Florida Department of Transportation (FDOT) and/or Institute of nansportation 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 "74~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 subsection 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 Supp. No. 71 915 § 1-17-29 ST. LUCIE COLTNTY CODE 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 Transportation (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 subsection (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 1-17-35 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 =(Trip rate x trip length)(2 x% New trips) New land miles = Attributable traveULane capacity Construction cost = New land miles x Construction cost per land 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 cos~Offsets Impact fee = Net (d) For a period of six (6) months following the effective date of Ordinance 05-030, feepayers commencing land development activity within the municipal boundaries of the City of Port St. Lucie shall pay a fee equal to forty (40) per cent of the amount contained within the schedule for the mainland road impact fee contained within this section. (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; Ord. No. 05-030, Pt. I, 9-6-2005) 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 issuance of a building permit or electrical permit for a recreational vehicle park or mobile home park. The feepayer shall pay a roads impact fee. (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 Supp. No. 71 916 ROADS AND BRIDGES § 1-17-30.1 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 subsection 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; Ord. No. 05-030, Pt. J, 9-6-2005) Sec. 1-17-30.1. Alternative collection mechanism. In the event the road impact fees are not paid prior to the issuance of a building permit because of mistake or inadvertence or in the event a municipality has not agreed to assist in the collection of those road impact fees imposed within municipal boundaries, the county shall proceed to collect the road impact fees as follows: (a) The county shall serve, by certified mail, return receipt requested, an impact fee statement notice upon the feepayer at the address set forth in the application for a building permit, and the owner at the address appearing on the most recent records maintained by the property appraiser of the county. The county shall also attach a copy of the impact fee statement notice to the building permit posted at the site of the land development activity if construction has commenced. Service of the impact fee statement notice shall be deemed notice that the impact fees are due and service shall be deemed effective on the date the return receipt indicates the notice was received by either the feepayer of the owner of the property, whichever occurs first. The impact fee statement notice shall contain the legal description of the property and shall advise the feepayer and owner as follows: (1) The amount due and the general purpose for which the road impact fees were imposed; (2) That a hearing before the board of county commissioners may be requested within thirty (30) calendar days from the receipt of the impact fee statement notice, by making application at the office of the county administrator; (3) That the road impact fees shall be delinquent if not paid and received by the county within sixty (60) calendar days of the date the impact fee statement notice Supp. No. 71 917 § 1-17-30.1 ST. LUCIE COUNTY CODE was received, excluding the date of receipt, or if a hearing is not scheduled and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid; (4) That in the event the road impact fees become delinquent a lien against the property for which the building permit was secured shall be recorded in the official records of the county. (b) The road impact fees shall be delinquent if, within sixty (60) calendar days from the date of the receipt of the impact fee statement notice by either the feepayer or the owner or the date said notice was attached to the building permit, neither the road impact fees have been paid and received by the county nor a hearing requested. In the event a hearing is requested within the time period allowed, the road impact fees shall become delinquent if not paid within thirty (30) calendar days from the date the board of county commissioners determined the axnount of road impact fees due upon the conclusion of such hearing. Upon becoming delinquent, a delinquency fee equal to ten (10) per cent of the total road impact fees imposed shall be assessed. Such total road impact fees, plus the delinquency fee, shall bear interest at the statutory rate for final judgxnents calculated on a calendar day basis, until paid. (c) Should the road impact fees become delinquent, as set forth above, the county shall serve, by certified mail, return receipt requested, a"Notice of Lien" upon the delinquent feepayer at the address indicated in the application for a building permit and upon the owner of the property at the address appearing on the most recent records maintained by the property appraiser of the county. The notice of lien shall notify the delinquent feepayer and owner that due to their failure to pay the road impact fees, the county shall file a claim of lien with the clerk of the circuit court. (d) Upon mailing the notice of lien, the county attorney shall file a claim of lien with the clerk of the circuit court for recording in the official records of the county. The claim of lien shall contain the legal description of the property, the amount of the delinquent impact fees and the date of their imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The county attorney shall proceed expeditiously to collect, foreclose or otherwise enforce said lien. (e) After the expiration of one (1) year from the date of recording the claim of lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. §§ 173.04 through 173.12, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. Attorney's fees and costs incurred by the county in the foreclosure proceedings shall be recoverable. (f~ The liens for delinquent road impact fees imposed hereunder shall remain liens, coequal with the liens of all state, county, district and municipal taxes and superior in dignity to all other liens and claims, until paid. Supp. No. 71 Jj$ ROADS AND BRIDGES § 1-17-31 (g) The collection and enforcement procedures set forth in this section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative regulations of the county or any other applicable law or administrative regulation of the State of Florida. Failure of the county to follow the procedure set forth in this section shall not constitute a waiver of its rights to proceed under any other applicable procedure. (h) In the event that the property for which the building permit is issued is located within a municipality that has not agreed to assist in the collection of the road impact fee, a feepayer that pays the road impact fee directly to the county prior to the receipt of an impact fee statement notice, shall be entitled to a ten (10) per cent reduction in the amount of the road impact fee due. (i) In the event that the alternative collection mechanism contained herein is utilized by the county to collect the delinquent road impact fee and that collection procedure results in an inequitable burden as a result of the particular terms and provisions of the construction or loan contract of the feepayer, then such feepayer may petition the county administrator for relie£ The county administrator may make such adjustments to the collection process to address such adverse impacts resulting from the use of the alternative collection procedure. The feepayer shall have a right of review of the decision of the county administrator to the board of county commissioners. (Ord. No. 05-030, Pt. L, 9-6-2005) Sec. 1-17-31. Use of funds and road benefit zones. (a) There is hereby created the Mainland Road Benefit Zone, the North Island Road Benefit Zone, the Fort Pierce Island Road Benefit Zone, and the South Island Road Benefit Zone. The boundaries of the various benefit zones are as depicted in revised figure 1. (b) 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 and identified within the study entitled "Roads Impact Fees for St. Lucie County," dated July, 2005, by Dr. James Nicholas, which is incorporated by reference. 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. (c) Except as provided in subsection (e) of this section, all funds shall be used exclusively for identified road 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. supp. No. 71 918.1 § 1-17-31 ST. LUCIE COUNTY CODE (d) Each January the county administrator shall present to the board of county commis- sioners a proposed capital improvement program for roads on the arterial and collector road network of the county, 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. (e) 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. 71 9182 ROADS AND BRIDGES § 1-17-31 a~ a~ ~ ~ < U ~ t ~ ~~`~ ~ Qc • 3 R .,s" N 4 ~ ~ Y ~ ~ C y N ~ ,, U A o~eec C-$ ~ (~ '^ O ~ ~ ~ `\s~~~ o VJ n/ a ~ P L7~ ~ ~ ~ y~ ~ ~ fi P .~°`~~ `a9oa O~ d a~~~ °~ M.o' g ~ ~ Z y `~b+ S~S C «~.,~•"••° + W a ~ x i S a ~ ~0 ~G M ~.°i € ~ C .~+ ~ .,... ... ~. .~ - ~ ,~ ~ • o, +~ ,~ ~ .w ~r.., , ° ' . ~ ~ ~ .~.... x t ~ ~ ~ t.''o ~ ~ c o ro ~~ . ~ 'o V U `v »~ ~ ~ ~ ~ ~ ~ .~ 1 ' ~ ° ~.., „ i ; c • .. ..~, s ~o ~ ~ ,.a M ~ C ~ ~ ~ ~..> K> ~ ~ i c R ~ ~m ~(luno~ aaqoyoaa~p (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; Ord. No. 05-030, Pt. K, 9-6-2005) Supp. No. 71 918.3 ~ ~ Ordinance Number 03-12 03-024 03-30 03-34 03-35 03-36 04-014 04-017 04-018 04-005 04-022 04-024 Supp. No. 71 CODE DISPOSITION TABLE Subject Section Disposition Amends section 1-19.3-30, Pt. A 1-19.3-30, Levy of Tourist Development 1-19.3-31 T~, and section 1-19.3-31, Plan for Tourist Develop- ment Tax Amends section 1-7.9-06, Pt. A 1-7.9-06 Computation of Fire/EMS Protection Impact Fee Amends Chapter 1-18; Cre- Pt. A Added 1-18-3 ates section 1-18-3, Designa- tion of Chief Correctional Of- ficer Amends Chapter 1-20, sec- Pt. A tion 1-20-17, Parking Re- stricted on Certain Streets Amends Chapter 1-13.8, Pt. A Noise Control Establishes an Exemption Arts.I-V from Certain Ad Valorem Tax- ation for Mirabella Yachts, Inc. (Editor's note) Amends Chapter 1-15, Arti- Pt. A cle II, section 1-15-17, Hours of Operation Amends Chapter 1-16, Arti- Pt. A cle III, sections 1-16-42, Or- Pt. B ganization; 1-16-45, Duties- Collection of data, etc. Amends Chapter 1-15, Arti- Pt. A cle II, sections 1-15-18, Pres- ervation of Building and Other Property; 1-15-19, Overnight Camping; 1-15- 26, Group Functions; 1-15- 27, Permits sition of Surcharge for State Court Facilities, and section 1-7-9, Disposition and Ac- counting of State Court Fa- cilities Funds from Surcharge 1-20-17 1-13.8-18 Ch. 1-19.3, Art. V 1-15-17 1-16-42 1-16-45 1-15-18, 1-15-19 1-15-26, 1-15-27 Creates sections 1-18-03-1- Pt. A Added 1-18-03-1- 18-19 18-19 Amends sections 1-7-1-1- Pt. A 1-7-1-1-7-7 7-7, Court Costs Creates section 1-7-8, Impo- Added 1-7-8, 1-7-9 3752.9 ST. LUCIE COUNTY CODE Ordinance Number Subject Section 04-025 Amends section 1-20-32, Civil Pt. A Penalties for Parking, Stop- ping, Standing Parking Vio- lations 04-026 Amends section 1-9-71, Res- Pt. A idential Property 04-027 Amends section 1-20-17, Pt. A Parking Restricted on Cer- tain Streets 04-028 Amends section 1-20-17, Pt. A Parking Restricted on Cer- tain Streets 05-014 Amends sections 1-12-26-1- Pt. A 12-41, Occupational License Taxes 05-017 Creates sections 1-6.5-150- Pt. A Added 1-6.5-153, Creekside Commu- nity Development District 05-026 Amends section 1-7-3, Court Pt. A Costs for Law Enforcement ~aining, and section 1-7-10, Court Costs for Administra- tion of Teen Court Programs 05-027 Amends section 1-9-71, Col- Pt. A lection of Solid Waste-Res- idential Property 05-03 Creates Chapter 1-10.3, His- Pt. A Added toric Preservation, sections 1-102-1-1-102-29 05-031 Amends section 1-7-9, Dispo- sition and Accounting of State Court Facilities Funds from Surcharge 05-025 Amends section 1-6.5-56, Fee Pt. A Schedule 05-028 Creates Chapter 1-16.75, Re- Pt. A search and Development; Treasure Coast Education, Research and Development Authority Disposition 1-20-32 1-9-71 1-20-17 1-20-17 1-12-26-1- 12-41 1-6.5-150-1- 6.5-153 1-7-3, 1-7-10 1-9-71 1-10.2-1-1- 102-29 1-7-9 1-6.5-56 1-16.75-1- 1-16.75-6 Supp. No. 71 3752.10 CODE DISPOSITION TABLE Ordinance Number Subject Section Disposition 05-030 Amends sections 1-16.3-12, Pts. A-S 1-16.3-12, 1-16.3-14-1-16.3-16; creates 1-16.3-14-1- section 16.3-17.1; amends sec- 16.3-16; 16.3- tions 1-16.3-23, 1-17-26,1-17- 17.1; 1-16.3- 28-1-17-31; creates section 23, 1-17-26, 1-17.30.1; amends sections 1-17-28-1- 1-15-32,1-15-34, 1-15-36; cre- 17-31; ates section 1-15-37.1; 1-17.30.1; amends sections 1-15-41, 1-15-32, 1-15- 1-15-43, relating to impact 34, 1-15-36; fees 1-15-37.1; 1-15-41, 1-15-43 Supp. No. 71 3752.11 r 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(f~ 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 lOD-66.61 1-12.5-3, 1-12.5-7, 1-12.5-9 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) 2824 1-7-5 29.008 1-16.3-12 29.008(3)(a) 1-7-3 30.49 1-16.3-12 30.55 1-18-1 34.07 1-2-27.5(e) Ch. 2-10, Art. II(note) 39.01 1-6-16 4328 1-16.3-11(c) 1-16.3-12 Ch. 48 1-4-20(c)(4) Ch. 50 1-2-27.2(b)(1)a. 50.041 1-2-27.2(b) Supp. No. 71 3827 ST. LUCIE COUNTY CODE F.S. Section 50.051 Ch. 73 Ch. 74 86-437 100.211-100291 100.342 112 112.061 112.08 112.215 119 Ch. 125 125.01 125.01(e) 125.01(f) 125.01(k) 125.014 125.01(m) 125.01(n) 125.01(1)(c) 125.01(1)(fj 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) Section this Code 1-2-272(b)(2) 1-6.5-83 1-6.5-93 1-6.5-103 1-6.5-113 2-6-1 2-9-25 1-6.5-83 1-6.5-93 1-6.5-103 1-6.5-113 2-6-1 2-9-25 1-4-26 2-1-2 1-19.3-75 2-9-34 1-6-34(d), 2-9-19, 2-15-6 2-1-31 1-14.5-21 2-9-34 1-6.3, Art. N 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), 1-19.3-30 Ch. 1-7.6, Art. II(note) Ch. 1-2.3, Art. II 1-17-26 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) Supp. No. 71 3828 r F.S. Section 125.0104(3)(g) 125.0104(5) 125.0104(8) 125.0104(10) 125.031 125.35 125.35(3) 125.69 125.69(a) 125.70-125.74 125.5801 125.901 Ch. 129 156.601 et seq. Ch. 159 Ch. 159, Pts. II, V 159.701 159.701-159.7095 159.703 159.705 161.053 Ch. 162 Ch. 162, Pt. II Ch. 163 163.3161 et seq. 163.3161-163.3211 163.3178 163.3201 163.3202 163.3202(3) 173.04 173.12 Ch. 177 186.901 Ch. 189 ~ STATUTORY REFERENCE TABLE Section this Code 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 1-16.2-1 1-3-17(b), 1-5.5-59(c), 1-7.6-38, 1-7.8-17, 1-13.8-21 1-6.3-55 Ch. 2-l, Art. II(note) 1-2-67 1-2-68 1-6-38 1-13.5-4 1-10.5-21 1-16.75-6 1-16.75-2 1-16.75-1 1-16.75-4 1-16.65-5 1-16.75-3 1-16.75-6 1-7.6-53 1-5-10, 1-6-46 1-2-27.5 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) 1-6 1-7.9-1(b), 1-11-11, 1-15-31, 1-16.3-11, 1-16.3-12 1-6.5-51(b) 1-18-03 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) 1-18-03 1-6.3-17.1 1-6.3-17.1 1-15-37.1 1-17-30.1 1-5.5-10 1-12-22(1) 2-6-17 2-9-20 2-9-22 2-9-34 Supp. No. 71 3829 ST. LUCIE COUNTY CODE F.S. Section Ch. 190 190.005 190.012(1)(b) Ch. 192 192.091(2)(b)2 Ch. 196 196295 Ch. 197 197.322 197.363 197.3632 197.3635 Ch. 206 Ch. 212 Ch. 212, Pt. : 212.03 212.054 212.054(2)(b) 212.055(2) 212.055(2)(c) 212.12(3) Ch. 214 218.62 220.15(5) Ch. 252 Ch. 257 Ch. 286 Ch. 287 287.055 287.055(2)(j) 287.055(10)(c) Ch. 293 Ch. 294 Ch. 316 316.003(75) 316.006(3) 316.008 316.008(6) 316.0261 316.121 316.189(2) 316.193 Section this Code 1-6.5-24 1-6.5-83 1-6.5-93 1-6.5-103 1-6.5-113 Ch. 1-6.5, Art. III, 1-6.5-21 1-6.5-153 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 1-9-71 1-13.5-6(g), 1-13.7-7, 1-13.5-10(i), 1-13.5-11 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 1-102-29 1-19.3-54 1-19.3-55, 1-19.3-73 1-19.3-55 Ch. 1-6.3, Art. IV 1-11-3, 1-11-5 1-6.8-25 2-9-34 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), 1-7-8 1-20-6 Ch. 1-20(note) Ch. 1-20(note) 1-18-2 Ch. 1-20(note) Ch. 1-20(note) 1-20-1 1-7-22(a), 1-13.3-20 Supp. No. 71 3830 STATUTORY REFERENCE TABLE F.S. Section Section this Code 316.194 1-20-16 316.1958 1-2.3-22, 1-20-26, 1-20-27 316.660 1-7-8 3162065(3)(d), (16) 1-20-61 318.14(9), (10) 1-7-8 318.18(1)-318.18(6) 1-7-8 318.18(11)(c) 1-7-1 318.18(13) 1-7-8 31821 1-7-8 320.0848 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) 1-17-34 336.02 1-17-26 336.021 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) 1-17-34 365.171(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) 1-18-10 380.06(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) 1-18-10(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) 386.01 1-4-16 388 2-9-17(a) 388.201 2-9-20 2-9-22 2-9-24 2-9-25 2-9-27 2-9-34 Supp. No. 71 3831 ST. LUCIE COUNTY CODE F.S. Section Section this Code 388221 2-9-31 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) 401255(2)(g) 1-10-22(c)(5) 401255(2)(h) 1-10-22(c)(6) 40126(2) 1-10-22(c)(6) 401281 1-10-22(c)(3) 401.44 1-2.5-3 Ch. 403 1-7.6-34(a)(3), 1-13.8-19(1)(e) 403.707(12)(j) 1-9-51 420.9072 Ch. 1-10.5, Art. IV Ch. 470 1-9-51 Ch. 471 1-2-47, 2-5-3 471.023 1-2-47 474202 2-3-31(e) Ch. 481 1-2-47, 2-5-3 481219 1-2-47 481229(1)(b) 2-5-3 481.319 1-2-47 Ch. 489 1-6.8-22, 2-5-5, 2-5-20 489.105(4), (5) 1-6.8-22 489.119 1-2-47 489.131 2-5-4(g) Ch. 501 Ch. 1-6.3, Art. IV Ch. 538, Pt. I 1-14-30 538.03(1)(a) 1-14-30 561.01(4)(b) 1-3-5 561.01(15) 1-3-1 Ch. 527 2-5-3 Ch. 562 1-7-22(a) Ch. 567 1-7-22(a) Ch. 568 1-7-22(a) Ch. 569 1-6-42, 1-6-43 Ch. 588 1-4-22 Ch. 679, Pt. V 1-14-33 696.05 2-1-4 Ch. 713 2-5-20 767.10-767.14 1-4-20(a) 767.11(1) 1-4-20(c) 767.13 1-4-20(i) 775.08 1-4-26, 2-3-33, 2-6.5-16 775.082 1-4-20(g), (i), 1-6.8-23 1-2-27.5(d) 775.083 1-4-20(g), (i), 1-6.8-23 1-2-27.5(d) 775.084 1-4-20(i) 790.07 1-7.8-19(c)(1) Supp. No. 71 3832 r ~ F.S. Section 791.013 Ch. 796 806.101 823.14 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 Ch. 893 893.02 893.13 893.165 938.01(1) 938.15 939.18 943.10 943.12 94325(4) 94325(13) 993.02 1013.33 1013.36 Laws of Fla. 57-1790 71-895 85-255 87-239, § 2 ch. 2000-138 ch. 2002-20, § 98 Supp. No. 71 STATUTORY REFERENCE TABLE 3833 Section this Code 1-7.9-18(e) 1-13.3-20 1-2.5-3 1-4-16 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 1-7-21, 1-7-22, 1-7.8-17(h), 1-7.8-19(d) 1-13.3-20 1-7-20, 1-7-22(a) 1-7-20 1-7-1 1-7-1 1-7-6.5 2-3-31(e) 1-20-26 1-7-1 1-20-32 1-13.3-24 1-6.5-51(b), 1-6.5-52(c) 1-6.5-51(b) Section this Code 1-7-6 1-7-6 1-7-8(a) 1-19.3-51, 1-19.3-55 1-14-30 1-7-30 [The next page is 3849] CODE INDEX Section COURTS (Cont'dJ Legal aid fund .................................................. 1-7-6 State court facilities funds from the surcharge ............. 1-7-9 Surcharge for state court facilities, imposition of . . . . . . . . . . 1-7-8 Driver education safety trust fund Authority for enactment of article ... ... .... ...... .. . .. .... .. 1-7-30 Creation of fund; accounting ... ... .. .. . . . ........ .. .. . .. .... .. 1-7-32 Definitions . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 1-7-31 Expenditures ................................................... 1-7-33 CRIME Authority to offer rewards for ................................... 1-2-1 Persons violating laws or ordinances D 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 BOARD Construction contractors; examining boards . .. .. . .. ..... ... .. 2-5-4 Contractors (unlicensed); hearing board . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-25 Historic preservation committee ................................ 1-10.2-6 et seq. See: HISTORIC PRESERVATION 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 Research and development treasure coast education, re- search and development authority ........................ 1-16.75-6 et seq. See: RESEAR,CH AND DEVELOPMENT TREASURE COAST EDUCATION, RESEARCH AND DEVELOP- MENT AUTHORITY Reserve community development district #2 board of super- visors .......................................................... 1-6.5-72 School board Educational facilities impact fee ............................. 1-6.5-61 St. Lucie County Environmental Control Board . . . . . . . . . . . . . . 1-7.6-1 et seq. See: ENVIRONMENTAL CONTROL Supp. No. 71 3861 ST. LUCIE COUNTY CODE Section DEPARTMENTS AND OTHER AGENCIES OF COUNTY (Cont'd.) St. Lucie County erosion district; authority to create depart- ments ......................................................... 2-6-34 Tourist development council ..................................... 1-19.5-21 et seq. See: TOUR,ISM Westchester community development districts No. 1, Board of supervisors .. . . . . . . . . . . . . . .. . . .. . . . . . . . . . .. . . . 1-6.5-82 No. 2, Board of supervisors .. . .. . . . . . . . . . . .. . . .. . . . . . . . . . .. . . . 1-6.5-92 No. 3, Board of supervisors ........... ............... ......... 1-6.5-102 No. 4, Board of supervisors ....... .... ............... ......... 1-6.5-112 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: COMMCTNITY DEVELOPMENT Planning. See also that subject Research and development treasure coast education, re- search and development authority ........................ 1-16.75-6 et seq. See: RESEARCH AND DEVELOPMENT TREASURE COAST EDUCATION, RESEARCH AND DEVELOP- MENT AUTHORITY 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 Westchester community development districts Numbers 1-4 .................................................... 1-6.5-80 et seq. See: COMMUNITY DEVELOPMENT 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 Supp. No. 71 3862 CODE INDEX Section DISTRICTS (Cont'd.) Lake Lucie Community Development District . . . . . . . . . . . . . . . . 1-6.5-31 et seq. See: COMMUNITY DEVELOPMENT Law enforcement impact fee district created .................. 1-18-13 Libraries impact fee districts ................................... 1-11-22 Parks impact fee districts ....................................... 1-15-41 Portofino Shores Community Development District.......... 1-6.5-140 et seq. See: COMMUNITY DEVELOPMENT Public buildings impact fee districts ........................... 1-16.3-21 Reserve Community Development District . . . . . . . . .. . . . . . . . . . . 1-6.5-35 et seq. See: COMMUNITY DEVELOPMENT I ~ Supp. No. 71 3862.1 CODE INDEX Section OFFICERS AND EMPLOYEES (Cont'd.) 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 .................... 1-2-162 Historic preservation officer Appointment and duties ...................................... 1-102-5 Insurance for officers, employees and families ................ 2-1-31 Judgments resulting from acts within scope of employxnent or function Payment of ...................................................... 1-2-17 Library director, 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 PARENTAL NEGLECT Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6-16 et seq. See: MINORS PAR,HING Airports and aircraft Regulation of vehicular traffic and parking . .. . . . . . . . . . . . . . . 1-2.3-17 et seq. See: AIRPORTS AND AIRCRAFT PAR,KS AND RECREATION Alcoholic beverages, distance restrictions ..................... 1-3-2 et seq. See: ALCOHOLIC BEVERAGES Beach preservation act Beach preservation authority Generally ..................................................... 2-12-18 Powers ........................................................ Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12-19 2-12-32 Cooperative agreements ....................................... 2-12-26 Supp. No. 71 3881 ST. LUCIE COUNTY CODE Section PAR,KS AND RECREATION (Cont'd.) County personnel and facilities, use of ...................... 2-12-21 County shoreline, supervision of work . . . .. .. .. . . . .. . .. . .. .. . 2-12-28 Economic analysis of preservation program ................ 2-12-23 Legislative findings Purpose ....................................................... 2-12-17 Organizational and administrative expenses Use of county funds for .. . .. . .. . .. .. .. .. . . . . . .. . . . . .. .. . . . . . 2-12-20 Preservation districts, authority to establish Elections ...................................................... 2-12-24 Preservation districts, coordination of work Liaison with other entities ................................. 2-12-27 Preservation districts, establishment of Advisory groups .. .... ....... ............ ... ............... .. 2-12-25 Governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12-25 Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12-25 Taxation ........... ....... ............... ............... ...... 2-12-25 Impact fee, parks Alternative collection mechanism . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15-37.1 Appeals .......................................................... 1-15-46 Computation .................................................... 1-15-36 Credits .......................................................... 1-15-38 Definitions ...................................................... 1-15-34 Districts created ............................................... 1-15-41 Exemptions . . .. . . . . . . . .. . . .. . . . . .. . . . . .. . .. . . .. . . . . . . . .. .. .. . . . . 1-15-45 Imposition ...................................................... 1-15-35 Independent property appraisal .............................. 1-15-39 Intents, purposes, and findings .............................. 1-15-32 Payment ........................................................ 1-15-37 Property review appraisal .................................... 1-15-40 Refund of fees paid ............................................ 1-15-44 Review, automatic adjustment of fees ....................... 1-15-47 Rules of construction .......................................... 1-15-33 Short title, authority, applicability ........................... 1-15-31 ~ust funds established ....................................... 1-15-42 Use of funds .. ....... ................. .. ............... ......... 1-15-43 Motor vehicles on public beaches, authority to regulate use 2-12-1 North Beach, dogs prohibited on Exceptions ...................................................... 1-15-2 Permits Appeal of rejection ............................................. 2-13-19 Application, approval or rejection ............................ 2-13-19 Application; fee ................................................. 2-13-18 Definitions ...................................................... 2-13-16 Issuance ......................................................... 2-13-19 Occupational license tax Provisions not to preclude application .................... 2-13-22 Peddler's license Prerequisite to issuance .................................... 2-13-23 Preservation program, development of . . . .. . . . . .. .. . .. . . .. . . 2-12-22 Supp. No. 71 3882 CODE INDEX Section PARKS AND RECREATION (Cont'dJ Provisions liberally construed ... . .... .... .... ... .... ... .... .. 2-12-33 Taxation Ad valorem benefits tax .................................... 2-12-29 Maintenance and operation tax ............................ 2-12-30 Preservation authority and districts Exemption for property of ................................ 2-12-31 ~4tle ............................................................. 2-12-16 Properties and facilities owned or leased by county, regula- tions re Access ........................................................... 1-15-28 Airboats and aircraft, use ..................................... 1-15-29 Alcoholic beverages prohibited ............................... 1-15-23 Applicability and scope of provisions ........................ 1-15-16 Beaches, on Restrictions, re animals, games, contests, skin divers, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15-25 Closures ......................................................... 1-15-28 Damaging, etc., property prohibited .... ... . .... ....... ... . .. 1-15-18 Definition ....................................................... 1-15-28 Equestrian activities; use of saddle animals ................ 1-15-30 Firearms ........................................................ 1-15-20 Fires Duty of picnickers ........................................... 1-15-2 1 Group functions .. . .. .... .... .. . .. .. ............ .. . .. .. .... .. . .. 1-15-26 Hours of operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . 1-15-17 Overnight camping regulated; permit required ............ 1-15-19 Permits for use, generally Procedure for obtaining ..................................... 1-15-27 See also within this subheading: Camping Overnight; Group Functions Vehicles, use . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15-29 Vending or selling .............................................. 1-15-24 Selling parks, authority Procedures ...................................................... 1-15-1 PARTNERSHIPS Persons defined to include ....................................... 1-1-2 PAWNBROKERS Occupational license taxes and regulations ................... 1-12-34 PEDDLERS AND HAWKERS Fish peddlers Provisions liberally construed ................................ 2-13-24 Records .......................................................... 2-13-19 Required ........................................................ 2-13-17 Term Application for renewal ..................................... 2-13-21 Violations ....................................................... 2-13-25 Selling and vending on county property .... .. ... .. ....... ..... 1-15-24 Supp. No. 71 3883 ST. LUCIE COUNTY CODE Section PENALTIES General penalty ................................................... 1-1-8 Specific penalties for violation. See specific violations PERMITS. See: LICENSES AND PERMITS PERSON Defined ............................................................ 1-1-2 PINE VALLEY COMMUNITY DEVELOPMENT DISTRICT. See: COMMiJNITY DEVELOPMENT PLANNING Comprehensive plan Adoption of plan ............................................... 1-16-18 Authority ........................................................ 1-16-16 Elements ........................................................ 1-16-19 Port master plan ............................................... 1-16-2 0 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 ......................................................... 1-16-4 1 Duties Collection of data, etc . ...................................... 1-1 6-45 Marking of historic sites .................................... 1-16-46 Expenses ........................................................ 1-1 6-48 Filing and recordation of data ................................ 1-16-47 Meetings; rules ................................................. 1-1 6-44 Organization .................................................... 1-1 6-42 Qualifications of board of directors ............. ........... .. 1-16-42 Subdivision regulations Authority to adopt regulations ............................... 2-14-17 Definitions ...................................................... 2-1 4-16 Plat, approval prerequisite to recording ..................... 2-14-18 Plat contents required ......................................... 2-14-19 Plat protection restrictions ................................... 2-14-2 0 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 Supp. No. 71 3884 CODE INDEX Section PLANNING (Cont'd.) Violations ....................................................... 2-14-43 Zoning map ...... ........ .. . ........ .. .. . .. ........ .. . .. .. .... .. 2-14-37 PLATS AND PLATTING Subdivision regulations; platting . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 2-14-18 et seq. See: PLANNING 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 t~es and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) PROPERTY Defined ............................................................ 1-1-2 Fire/EMS 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 Public property Surplus real property, disposition of ......................... 1-16.2-1 et seq. Real property, acquisition ....................................... 2-1-2 Right-of-way; plat abandonment procedures .................. 1-17-70 et seq. Surplus real property, disposition of ........................... 1-16.2-1 et seq. PUBLIC BUILDINGS IMPACT FEE Alternative collection mechanism .............................. 1-16.3-17.1 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 and findings .................................. 1-16.3-12 Supp. No. 71 3885 ST. LUCIE COiJNTY CODE Section PUBLIC BUILDINGS IMPACT FEE (Cont'd.) 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 ~Yust 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 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 PUBLIC LANDS Abandoned property, garbage, trash, junk and debris ....... 1-9-17 PURCHASING Competitive purchase bidding .................................. 1-2-41 Definition, county purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-31 Design build contracts Authority ........................................................ 1-2-45 Definitions ...................................................... 1-2-47 Delegation of authority ........................................ 1-2-50 Design criteria Package ....................................................... 1-2-48(a) Professional .................................................. 1-2-48(b) Findings and determinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-46 Selection procedures Legal qualifications ......................................... 1-2-49(b) Professional services committee ........................... 1-2-49(c) Public announcement ........ ... .. .......... ... ........ ... .. 1-2-49(a) Request for proposal ........................................ 1-2-49(d) Ordinances and resolutions not affected by Code ............. 1-1-3 Purchasing department Creation of ...................................................... 1-2-28 Powers, duties and functions . . .. . .. .. . . . . . . . . . . . .. . . . . . . . . . . . 1-2-29 Purchasing manual . .. ........ ... .... ........ ... ........ ... ...... 1-2-30 Supp. No. 71 3886 CODE INDEX Section Q QUARRYING Occupational license taxes and regulations ................... 1-12-33 R RABIES Dogs and cats; rabies vaccination required .................... 1-4-24, 2-3-17 RADIOS Airports and aircraft; two-way radio reception .. .... .... .. ... 1-2.3-32 RAILROADS Audible warning signals, use ................................... 1-16.5-1 Signs, posting ..................................................... 1-16.5-11 RECORDS Criminal history record checks Certain employees, appointees ............................... 1-2-67 Definitions ...................................................... 1-2-66 Private contractors, certain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-68 Reproduction of public records .................................. 2-1-4 RECREATION. See: PAR,KS AND RECREATION RECREATIONAL VEHICLES Traffic; parking, stopping and standing Heavy vehicles and equipment in residential districts Exemption for recreational vehicles . . . . . . . . . . . . . . . . . . . . . . . 1-20-46 REFUSE. See: GARBAGE, TRASH AND REFUSE RESEARCH AND DEVELOPMENT TREASURE COAST ED- UCATION, RESEARCHAND DEVELOPMENTAUTHOR- ITY Authority created; membership and qualifications .. .. ... .. .. 1-16.75-3 Conduct of business; meetings; rules of procedure ........... 1-16.75-4 Construction ...................................................... 1-16.75-2 Declaration and finding of need ................................ 1-16.75-1 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16.75-5 Powers and duties ................................................ 1-16.75-6 RESERVE COMMUNITY DEVELOPMENT DISTRICT Provisions enumerated ........................................... 1-6.5-35 et seq. See: COMMLTNITY DEVELOPMENT RESTAURANTS Occupational license taxes and regulations ................... 1-12-30 RETAIL STORE LICENSE Occupational license taxes and regulations ................... 1-12-37 REWARDS Persons violating laws or ordinances Authority to offer rewards .... ...... .. .. .. . .. ............ .. . .. 1-2-1 Supp. No. 71 3887 ST. LUCIE COUNTY CODE Section RIVERS. See: DRAINAGE AND EROSION CONTROL; See also: FISH AND GAME ROADS AND BRIDGES Abandoned property, garbage, trash, junk and debris ....... 1-9-17 See: GARBAGE, TRASH AND REFUSE Building and equipment moving Fees ............................................................. 1-17-48 Permit Application ........ .... ... ............... ........... .......... 1-17-41 Notice to be given; contents ........ ............... ......... 1-17-44 Rejection of application . . . . . . . .. . . . . .. . .. .. . . .. . . . . . . . .. .. . . 1-17-42 Required ...................................................... 1-17-40 Requirements prior to issuance; insurance requirements 1-17-43 Safety requirements ........................................... 1-17-45 Size limitations ................................................. 1-17-46 Special permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-47 Firearms, use prohibited in certain areas ........ ........... .. 1-7.8-16 Gentile Road Use of portion of restricted . .. . . . . . . . . . . . . . .. . .. . . . .. . .. .. .. . . 1-20-4 Roads impact fee Alternative collection mechanism . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-30.1 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 Intents, purposes, and findings .............................. 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 Proceedings .................................................. 1-17-17 Supp. No. 71 $$$$ CODE INDEX Section ROADS AND BRIDGES (Cont'd.) 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 SCHOOLS Alcoholic beverages, distance restrictions ..................... 1-3-2 et seq. See: ALCOHOLIC BEVERAGES SEWAGE DISPOSAL. See: WATER AND SEWERS SEXUAL CONDUCT Specified sexual activities in commercial establishments.... 1-3-10 et seq. See: ALCOHOLIC BEVER,AGES SHERIFF Chief correctional officer Designation ..................................................... 1-18-3 Combat automobile theft program .............................. 1-18-2 Law enforcement impact fee .................................... 1-18-03 et seq. Motor vehicle liability insurance, requirement to maintain . 1-18-1 SHRUBS. See: VEGETATION SIDEWALKS. See: STREETS AND SIDEWALKS SIGNS AND BILLBOARDS Erection of signs or structures within right-of-way prohib- ited Removal ......................................................... 1-17-1 f Supp. No. 71 3888.1