Loading...
HomeMy WebLinkAbout09-022 C'~y -f>,: ~ ~ pw7 F nq P.,~f~ ORDINANCE NO. 09-022 AN ORDINANCE AMENDING CHAPTER 1-16.3 "PUBLIC BUILDINGS F ~h ` IMPACT FEE," CHAPTER 1-17 "ROADS IMPACT FEE," AND CHAPTER i~ ~ 1-15 "PARKS IMPACT FEE" OF THE CODE OF ST. LUCIE COUNTY; AMENDING SECTION 1-16.3-16 TO CHANGE THE AMOUNT OF THE PUBLIC BUILDINGS IMPACT FEE AND TO PROVIDE FOR ABANDONMENT OF USE IN CALCULATING PUBLIC BUILDING IMPACT FEES; AMENDING SECTION 1-16.3-23 TO USE OF FUNDS TO PROVIDE FOR A REVISED TECHNICAL MEMORANDUM n ~ m m N AND CHANGE THE MONTH FROM JANUARY TO JULY FOR ° o ~ ~ SUBMITTAL OF THE ANNUAL CAPITAL IMPROVEMENT PROGRAM; z ~ ~ ~ m ~in~~N AMENDING SECTION 1-17- 29 TO CHANGE THE AMOUNT OF THE ~ ~ ~ rn ~ ROADS IMPACT FEE AND TO PROVIDE FOR ABANDONMENT OF o ~ ~ c i USE IN CALCULATING ROAD IMPACT FEES AND TO DELETE ° m z n o °~m SUBSECTION (d); AMENDING SECTION 1-17-31 USE OF FUNDS j ~ AND ROAD BENEFIT ZONES TO PROVIDE FOR A REVISED N o TECHNICAL MEMORANDUM AND CHANGE THE MONTH FROM ° ~ _ JANUARY TO JULY FOR SUBMITTAL OF THE ANNUAL CAPITAL K IMPROVEMENT PROGRAM; AMENDING SECTION 1-15-36 TO ~ A CHANGE THE AMOUNT OF THE PARKS IMPACT FEE AND TO ° ~ o PROVIDE FOR ABANDONMENT OF USE IN CALCULATING PARK z o IMPACT FEES; AMENDING SECTION 1-15-43 USE OF FUNDS TO PROVIDE FOR A REVISED TECHNICAL MEMORANDUM AND CHANGE THE MONTH FROM JANUARY TO JULY FOR THE SUBMITTAL OF THE ANNUAL CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY, ALTERNATE METHOD, EFFECTIVE DATE AND FILING FINDINGS OF FACT: WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board has previously adopted impact fees for roads, parks and public buildings which fees were most recently revised on October 11, 2005 through the adoption of Ordinance No, 05-037. 2. The Board has received a Technical Memorandum from Dr. James C. Nicholas entitled "Methods Used to Calculate Consumption Driven Roads, Public Buildings and Parks and Recreation Impact Fees" dated October 29, 2009. 3. The Nicholas study demonstrates a reasonable connection between the need for road, public building and park and recreation improvements to be funded by the County and impact fees collected for roads, public buildings and parks and recreation and the impacts on roads, public buildings and parks and «-•«-••~gh passaged are deleted. 1 Underlined passages are added, recreation generated by development in the incorporated municipalities (cities of Fort Pierce, Port St. Lucie and the Town of St. Lucie Village) and the unincorporated County. 4. Section 125.045, Florida Statutes, provides the County with the power to enhance and expand economic activity in the County including the authority to expend and use public funds toward achievement of the County's economic development goals. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-16 AS FOLLOWS: Sec. 1-16.3-16. Computation of the amount of public buildings impact fees. (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 #~e~as-e~ fee as of fee as of LAND USE TYPE MEASURE A4 04/01/10 12/01/10 RESIDENTIAL Single-family Per unit $ X4.7 ~ 239 $ 317 Mobile home/RV Unit park only Per unit 156 208 Multi-family 1/2 floors Per unit 3.16 213 283 Multi-family 3+ floors Per unit 3~9 213 283 Hotel/motel (per room) Per room ~4 160 212 Bed & Breakfast (Guest Rooms) ~4 160 212 All other residential Per unit 34~ 239 317 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 3t}A 294 524 8#~ter General office Per 1,000 sq. ft. fr~3 210 280 IMPACT FEE Neagh passaged are deleted. 2 Underlined passages are added. UNIT OF #~ee-as-e~ ee as of fee as of LAND USE TYPE MEASURE A4 04/01/10 12/01/10 RETAIL TRADE Under 100,000 square feet Per 1,000 sq, ft. 43-8 310 412 100,000-499,000 square feet Per 1,000 sq. ft. X84 356 474 500,000 square feet and over Per 1,000 sq. ft. 36~ 2$3 377 GASOLINE SERVICES Gasoline pumps Per pump stat b3 68 90 INDUSTRIAL Warehouse Per 1,000 sq. ft. 3-~ 30 40 Truck terminal Per 1,000 sq. ft. ~ 70 94 General industrial Per 1,000 sq. ft. S9 48 64 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 499 318 423 School-Middle/high Per 1,000 sq, ft. X96 317 421 Day care center Per 1,000 sq. ft. X68 206 274 Fraternal organization Per 1,000 sq. ft. 8 0 0 Hospital Per bed 4~-6 252 335 Nursing home Per bed 449 213 284 Library Per 1,000 sq, ft. 6-~8 321 427 RECREATIONAL Park (city/county/state) Per acre 63 73 97 Recreation facility-All types Per 1,000 sq.ft. -79 98 130 Golf course Per acre -16-~ 160 213 Movie Theaters Per seat ~ 37 49 If the type of development activity for which a building permit; or an electrical permit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or an electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out to paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may nd just the fee to that appropriate for the particular development. (c) S#r~ek~ passaged are deleted. 3 Underlined passages are added. ° If a previous use has been either abandoned or otherwise inactive for a period of two consecutive years prior to the request for issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate, the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use. PART B. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-23 AS FOLLOWS: 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 actual 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 std Technical Memorandum entitled " Methods Used to Calculate Consumption Driven Road, Public Buildings and Park & Recreation Impact Fees," dated 9A~ October 29, 2009, by Dr. James C. Nicholas, as modified based on public comments and submittals, which contains the most recent and localized data and 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) Ench ~a+°p July the county administrator shall present to the board of county commissioners a proposed capital improvement program for Public Building and facilities, assigning funds, including any accrued interest, from the public buildings impact fee trust fund to specific Public Buildings improvements pro jects 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. PART C. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17- 29 AS FOLLOWS: 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. ~agkr passaged are deleted. 4 Underlined passages are added. ROAD IMPACT FEE MAINLAND IMPACT FEE UNIT OF #ee-as-e~ ee as of fee as o LAND USE TYPE MEASURE 4* 04/01/10 12/01/10 RESIDENTIAL Single-family Per unit $ 3,388 4,452 Mobile home/RV Unit (park only) Per. unit 1~ 1,693 2,226 Multi-family 1 and 2 floors Per unit ~5A8 2,469 3,246 Multi-family 3 floors and up Per unit X84 1,293 1,702 Hotel/motel Per room 2,871 3,541 Bed & breakfast (Guest rooms) Per room 9~ 1,543 2,016 All other residential Per unit i~§AA 3,055 4,452 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. ~3 3,529 3,529 General office Per 1,000 sq, ft. 1~ 1,987 2,553 RETAIL TRADE Under 100,000 sq. ft. Per 1,000 sq. ft. ~3 3,891 4,766 100,000-499,000 sq. ft. Per 1,000 sq. ft. 3,895 4 932 500,000 or more sq. ft. Per 1,000 sq. ft. ~7 4,171 5,545 GASOLINE SERVICES (Per Service Position) Gasoline Pumps Per pump stat 7-A7{~ 2,609 2,609 INDUSTRIAL Warehouse Per 1,000 sq. ft. X14 581 694 Truck terminal Per 1,000 sq. ft. S3~ 1,169 1,395 General industrial Per 1,000 sq. ft. 46~ 639 758 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 1,514 1,746 School-Middle/high Per 1,000 sq. ft. 1,494 1,718 Day care center Per 1,000 sq. ft. 348 1,533 1 533 Fraternal organization Per 1,000 sq. ft. S66 1,734 2,496 Hospital Per bed i~-8-3 2,827 3,867 S#raek-#hrat~gh passaged are deleted, 5 Underlined passages are added. ROAD IMPACT FEE MAINLAND IMPACT FEE UNIT OF #~e~e-as-a~ fee as of fee as of LAND USE TYPE MEASURE ~A~94-* 04/01/10 12/01/10 Nursing home Per bed 3§i? 549 701 Library Per 1,000 sq. ft. 3,993 5,109 RECREATIONAL Park(city/county/state) Per acre ~4 429 617 Recreation facility-All types Per 1,00o sq.ft. ~9-~ 594 859 Golf course Per acre 4~5 960 1,383 Movie Theaters Per seat 4~ 81 117 ROAD IMPACT FEE NORTH ISLAND IMPACT FEE UNIT OF #~e~e-as-a~ fee as of ee as of LAND USE TYPE MEASURE ~AfA~f84~ 04/01/10 12/01/10 RESIDENTTAL Single-family Per unit ~ $ 2,848 $ 3 549 Mobile home/RV Unit park only Per unit 9&7 1484 1,855 Multi-family 1/2 floors Per unit X646 2,472 3,085 Multi-family 3+floors Per unit 1,,~ 1,532 1,908 Hotel/motel Per room 4,286 4,981 Bed & breakfast (Guest Rooms) Per room ~8 2,429 3,009 All other residential Per unit ~9 3,157 3,549 OFFICE & FINANCIAL Medical office Per 1,000 sq, ft 1,210 1,210 General office Per 1,000 sq. ft. -496 711 862 RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft. 1,500 1,500 100,000-499,000 sq.ft. Per 1,000 sq. ft. 1,469 1 545 500,000 or more sq.ft. Per 1,000 sq. ft.1-966 1,469 1,735 S#rnelt~hroagk pnssaged are deleted. b Underlined passages are added. ROAD IMPACT FEE NORTH ISLAND IMPACT FEE UNIT OF #-ee-as-e~ ee as of fee as of LAND USE TYPE MEASURE ~A,~A~/84* 04/01/10 12/01/10 GASOLINE SERVICES (Per service position) Gasoline pumps Per pump stat 819 819 INDUSTRIAL Warehouse Per 1,000 sq, ft. $9 179 259 Truck terminal Per 1,000 sq, ft. ~8A 359 516 General industrial Per 1,000 sq, ft. 99 195 278 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 489 569 640 School-Middle/high Per 1,000 sq. ft. 485 587 645 Day care center Per 1,000 sq, ft. x-699 577 577 Fraternal organization Per 1,000 sq. ft. ~3~9 671 923 Hospital Per bed 6~8~ 1,107 1,444 Nursing home Per bed -~59 211 254 Library Per 1,000 sq. ft. x;99-7 1,566 1,895 RECREATIONAL Park(city/county/state) Per acre 9-3 206 306 Recreation facility-All types Per ~,00o sq.ft. ~ 255 367 Golf course Per acre X95 374 516 Movie Theaters {pe~°-ge~t~ Per seat -1~ 34 49 NOTE: *The fee schedule shown in this article is subject to annual revision based upon the provisions of section 1-17-39 of this article. FT. PIERCE ISLAND IMPACT FEE UNIT OF #~ee-es-e~ ee as o ee as o LAND USE TYPE MEASURE X94- 04/01/10 12/01/10 RESIDENTIAL Single-family Per unit $ 2 964 $ 4,106 Mobile home/RV Unit fM-HPfR-V park only) Per unit 'S8~ 1,580 2,504 Multi-family 1 and 2 floors Per unit 2,568 3,653 Multi-family 3 floors and up Per unit 5-3-8 1,257 1,908 S#raek~hreagh passaged are deleted. 7 Underlined passages are added. FT. PIERCE ISLAND IMPACT FEE UNIT OF #ee-es-e~ fee as of fee as of LAND USE TYPE MEASURE 94*- 04/01/10 12/01/10 Hotel/motel Per room $ 3,050 3,984 Bed & breakfast (Guest rooms) Per room 9A9 1,649 2,271 All other residential Per unit 2,867 4,106 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. ~$7~ 911 911 Other office Per 1,000 sq. ft. -249 476 669 RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft. ~ 1,274 1,727 100,000-499,000 sq.ft. Per 1,000 sq. ft. ~9S 1,130 1,585 500,000 or more sq.ft. Per 1,000 sq. ft. §18 1,065 1,545 GASOLINE SERVICES (Per Service Position): Gasoline Pumps Per pump stat ~49~ 1,230 1,230 INDUSTRIAL Warehouse Per 1,000 sq. ft. 44 107 165 Truck terminal Per 1,000 sq. ft. 210 322 General industrial Per 1,000 sq. ft. 49 123 190 INSTITUTIONAL School-Elem Per 1,000 sq, ft. X89 164 214 School-Middle/high Per 1,000 sq. ft. ~23r5 372 479 Day care center Per 1,000 sq. ft. ~1 436 436 Fraternal organization Per 1,000 sq. ft. X89 454 706 Hospital Per bed ~ 314 472 Nursing home Per bed ~4 143 202 Library Per 1,000 sq. ft. X34 1,015 1,427 RECREATIONAL Park (city/county/state) Per acre 45 114 177 Recreational facility-All types Per pkg. space 6-~ 149 230 Golf Course Per acre ~9A 250 387 Movie Theaters Per seat ~;9A9-~:#~ 3 22 41 NOTE: *The fee schedule shown in this table is sub ject to annual revision based upon the provisions of section 1-17-39 of this article. S#raelf#~++°oagFr passaged are deleted. 8 Underlined passages are added. SOUTH ISLAND IMPACT FEE UNIT OF #ee-es-~# fee as of ee as of LAND USE TYPE MEASURE A4*- 04/01/10 12/01/10 RESIDENTIAL Single-family Per unit $ ~ 3,083 3,843 Mobile home/RV Unit Per unit ~ 1,593 2,351 Multi-family 1 and 2 floors Per unit 1,~ 2,660 3,431 Multi-family 3 floors and up Per unit bbb 1,282 1,790 Hotel/motel Per room 3,246 3,770 Bed & breakfast (Guest rooms) Per room 1,739 2,157 All other residential Per unit X8-38 2.958 3,843 OFFICE & FINANCIAL Medical office Per 1,000 sq, ft. 1,056 1,056 8#~+er General office Per 1,000 sq. ft. 434 626 762 RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft. 1,315 1,315 100,000-499,000 sq.ft. Per 1,000 sq. ft. ~9SA 1,292 1,364 500,000 or more sq.ft. Per 1,000 sq, ft. ~ 1,289 1,525 GASOLINE SERVICES (per service position). Gasoline Pumps Per pump stat 449 1,444 1,444 INDUSTRIAL Warehouse Per 1,000 sq. ft. 78 155 222 Truck terminal Per 1,000 sq. ft. ~7 318 459 General industrial Per 1,000 sq. ft. 170 242 INSTITUTIONAL School-Elem Per 1,000 sq. ft. 434 517 556 School-Middle/high Per 1,000 sq. ft. 424 519 560 Day care center Per 1,000 sq. ft. 504 504 Fraternal organization Per 1,000 sq. ft. 8~ 587 807 Hospital Per bed X96 962 1,250 Nursing home Per bed X3.3 193 238 Library Per 1,000 sq. ft. %8 1,375 1,666 ~oagk passaged are deleted. 9 Underlined passages are added. SOUTH ISLAND IMPACT FEE UNIT OF #~ee-es-e~ fee as of fee as of LAND USE TYPE MEASURE 04/01/10 12/01/10 RECREATIONAL Park (city/county/state) Per acre 183 275 Recreational facility- ' All types Per pkg. space ~1A 221 318 Golf course Per acre ~8A 323 444 Movie Theaters Per Seat ~5 29 41 NOTE: *The fee schedule shown in this table is sub ject 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 administrator shall be guided in the selection of a comparable type by Florida Department of Transportation (FDOT) and/or Institute of Transportation 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 Transportation Engineers "Trip Generation: An Information Report," or trip generation 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 1-17-29(c) hereof. The county administrator shall determine the applicable Innd use type, In the case of a change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning ~#raelt##rrangl~t passaged are deleted. 10 Underlined passages are added. 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 (FOOT) and/or Institute of Transportation Engineers (ITE) traffic generation statistics. If, however, the previous use has been either abandoned or otherwise inactive for a period of 2 consecutive tears prior to the request for the issuance of n bui (ding permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate, then the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use. (c) If the feepayer shall opt not to have the impact fee determined according to paragraph (a) of this section, then the fee shall be determined by the county administrator based upon the traffic generation rates determined by an independent traffic study (ITS), defined in section 1-17-35 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 travel/Lane capacity Construction cost =New lane miles x Construction cost per lane mile Right-of-way cost =New lane miles xRight-of-way cost per lane mile Total cost =Construction cost + Right-of-way cost Net cost =Total cost--Offsets Impact fee =Net (d) , ° PART D. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-31 AS FOLLOWS: Sec. 1-17-31 Use of funds and road benefit zones. (n) 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 s# technical memorandum entitled " Methods Used to Calculate ~#raek~hwatrglt passaged are deleted. 11 Underlined passages are added. Consumption Driven Road, Public Buildings and Parks & Recreation Impact Fees," dated Ja~995 October 29. 2009, by Dr. James C. Nicholas, which contains the most recent and localized data and 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 paragraph ~ 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 ad jacent 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 figured. (d) Each ~ July the county administrator shall present to the board of county commissioners 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 not more than four (4) per cent of all impact fee funds it collects to offset the actual costs of administering and enforcing this article. PART E. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-36 AS FOLLOWS: Sec. 1-15-36. Computation of the amount of parks impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. PARKS IMPACT FEE COUNTYWIDE ASSESSMENT IMPACT FEE UNIT OF #-ee-es-~o~ ee as of fee as o LAND USE TYPE MEASURE i~~9~94~ 04/01/10 12/01/10 RESIDENTIAL Single-family Per unit 456 979 1,443 Mobile home/RV Unit( park only) Per unit ~2i34 641 945 Multi-family 2 floors 496 872 1.287 Multi-family 3+ floors 496 872 1,287 Hotel/motel Per room X93 648 965 ~o~rt;°eagFt passaged are deleted. 12 Underlined passages are added. PARKS IMPACT FEE COUNTYWIDE ASSESSMENT IMPACT FEE UNIT OF #~ee-as-e~ ee as of ee as o LAND USE TYPE MEASURE i~A~A4*- 04/01/10 12/01/10 Bed & Breakfast (Guest Rooms) X93 648 965 All other residential Per unit 45b 978 1,443 NOTE; The fee schedule shown in this table is sub ject 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 far 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 bui Iding permit or electrical permit for a mobi le home park or recreational vehicle pork may, at his option, submit evidence to the county administrator indicating that the fees set out in paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular development. 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. (c) - ° If n previous use has been either abandoned or otherwise inactive for a period of two consecutive years prior to the request for issuance of a building permit electrical~ermit for recreational vehicle parks or mobile home parks or zoning compliance certificate the impact fee calculated shall be based upon the new use with an ad justment for anv impact fees paid for the previous use. PART F. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF 5T. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-43 AS FOLLOWS: 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 actual administrative expense of collecting and administering the parks impact fee ordinance. All remaining funds collected from parks impact fees shall be used solely for the purpose of capital improvements to the parks system, including, beach access areas, special ~reagNt passaged are deleted. 13 Underlined passages are added. recreation areas and regional recreation areas within the Comprehensive Plnn of St. Lucie County and identified within the s#ady technical memorandum entitled " Methods Used to Calculate Consumption Driven Road, Public Buildings and Park & Recreation Impact Fees," dated 3~tFy; ~A9~ October 29, 2009, by Dr. James C. Nicholas, which contains the most recent and localized data and 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. Pierce, Port St. Lucie, St. Lucie Village or the State of Florida and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. (b) Except for the up to four (4) per cent retainage authorized above, 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) Ench 3~aa1°y~ July the county administrator shall present to the board of county commissioners a proposed capital improvement program for parks, assigning funds, including any accrued interest, from the parks impact fee trust fund to specific park improvements pro jects 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 interlocnl agreements with the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this article. PART G. SEVERABILITY. Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART H. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the Public Health, Safety, and Welfare of the inhabitants of the County shall be liberally construed to affect the purposes hereof. PARK I. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board. The ~#r~e~*hraWgMt passaged are deleted. 14 Underlined passages are added. Amendments to Section 1-16.3-23 "Use of Funds"; Section 1-17-31 "Use of Funds and benefit zones"; and Section 1-15.43 "Use of Funds", shall become effective on April 1, 2010. The Amendments to Section 1-16.3-16 "Computation of the amount of public builodings impact fee," Section 1-17-29(a) "Computation of the amount of roads impact fee" and Section 1-15-36(a) "Computation of the amount of parks impact fee" shall become effective on April 1, 2010 and on December 1, 2010 as provided in Section 1-16.3-16, Section 1-17-29(n) and in Section 1-15-36(a). PART J. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Lnws, Department of State, the Capitol, Tallahassee, Florida 32304. PART K. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande AYE Vice Chairman Doug Coward AYE Commissioner Paula A. Lewis AYE Commissioner Chris Craft NAY Commissioner Chris Dzadovsky AYE PART L. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts G to L shall not be codified. PASSED AND DULY ADOPTED this 15th day of December 2009. ATTEST: BOARD OF GOUN ,COMMISSIONERS ~r a tt . A~, ~ Q,, ST. LUCIE COUN IDA Deputy Clerk _ r Chairman # 7 3 '.,fR .ROVE AS TO FORM AND r~'iY~' CO RECT E $9: ~a , _ ounty Attor y ~dght passaged are deleted. 15 Underlined passages are added. FLORIDA DEPARTMENT Of STATE CHARLIE CRIST Governor January 4, 2010 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida ~ 34954 STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated December 23, 2009 and certified copy of St. Lucie County Ordinance No. 09-022, which was filed in this office on December 30, 2009. Sincerely, r \ Y Liz Cloud Program Administrator LC%srd DIRECTOR'S OFFICE R.A. Gray Building 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX:850.245.6735 TDD:850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX:850.245.6643 850.245.6600 • FAX:850.245.6744 850.245.6700 FAX:850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX:850.488.9879 850.245.6750 FAX:850.245.6795 850.245.6270 • FAX:850.245.6282