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HomeMy WebLinkAbout08-006 l . ORDINANCE NO. 08-006 AN ORDINANCE AMENDING CHAPTER 1-17-33.1 (CREDITS) OF ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES) BY DETERMINING THE YEAR OF THE ASSESSED VALUE USED TO DETERMINE VALUE FOR CREDIT PURPOSES; FURTHER AMENDING. SECTION 1-17.. 36 (INDEPENDENT PROPERTY APPRAISAL) OF ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES); PROVIDING FOR CONFUCTING PROVISIONS; PROVIDING FOR SEVERABIUTY AND APPUCABIUTY; PROVIDING FOR FlUNG WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: CHAPTER 1-17 (ROADS AND BRIDGES) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-33.1 AS FOLLOWS: PART A. Sec. 1-17-33.1. Credits. (a) Scope. Any person who shall commence any traffic impact-generating land development activity may apply for a credit against the required road impact fee for any contribution, construction, or dedication of land made by such person or predecessor in interest and accepted and received by St. Lucie County, the appropriate local municipality, state or federal agency for transportation facilities that are creditable pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations or Section 380.06, Florida Statutes, or any additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of regional impact to the extent the contribution, payment, construction or dedication meets the same needs as theroad impact fee. (b) General standards. Any person desiring a road impact fee credit, who proposes to make any contribution, construction or dedication of a transportation facility along any Underlined passages are added. EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 323372007/18/2008 at 09:06 AM OR BOOK 2996 PAGE 308 - 316 Doc Type: ORDN RECORDING: $78.00 ~sages are deleted. , ' roadway that is identified in the county's comprehensive plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Network, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eligible for a road impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a road impact fee credit, the final amount of the credit shall be determined upon the submission of a request for road impact free credit and the entering into of a formal road impact fee credit agreement. Prior to the issuance of any credits against the road impact fee, the person who made the contribution, construction or dedication of transportation facilities shall enter into an impact fee credit agreement with the board of county commissioners. The following provisions are the general rules for the award of credit, supplemented as provided in this section and implemented by the administrative procedures: (1) Credits applied against the roads impact fee for contributions, construction or dedications shall not be transferable as a credit against other impact fees imposed for purposes other than roads. (2) If allowed by the credit agreement, credits may be assigned to successors in interest provided the county receives a recorded copy of the written agreement signed by both the assignor and the assignee. (3) No credit shall exceed the amount due for the roads impact fee. (4) No credit shall be given for dedications and transportation improvements dedicated or constructed before February 1, 1985. Any claim for credit for those improvements .constructed after February 1,1985, but prior to September 1, 1987, must be made no later than March 1, 1988, or those claims shall be deemed waived. (c) Specific standards. Credits against road impact fees otherwise payable shall be allowed only under the following conditions: (1) County need. The contribution, payment, construction or dedication shall meet a transportation capital need identified in the county's comprehensive plan or in the St. . Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. No credit shall be given for capital improvements that do not meet a transportation capital need identified in county's comprehensive plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. Underlined passages are added. 2 Strl:leh thrðl:lgh passages are deleted. , ' (2) Site-related transportation improvement. No credit shall be given for any site-related transportation improvements or site-related right-of-way dedications, unless it can be shown to the satisfaction of the county administrator through appropriate technical documentation that the site related improvement or right-of-way dedication provides for roadway capacity enhancements in excess of the impacts of the proposed development. Site- related transportation and right-of-way improvements, include, but are not limited to: a. All driveway connections, turn lanes and other site specific access improvements connecting the property defined in a final development order to any adjacent impact fee eligible roadway. b. All driveways, roads and attendant support systems including but not limited to drainage facilities, mitigation areas, etc., within, or immediately adjacent to, the defined limits of the approved final development order. (3) Safety-related improvements. Safety-related improvements which do not increase road capacity shall receive no credit. (4) Operational improvements. Nonsite-related operational improvements shall receive credit to the extent that they provide increased capacity. (5) Capacity improvements. Nonsite-related capacity enlargements shall receive credit to the extent that they provide increased capacity. (6) Right-of-way dedication. Credit for the dedication of nonsite-related right-of-way shall be valued at one hundred twenty (120) percent of the most rece"t assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey, closing costs ortitle information provided by the fee-payer to the county at the request of the county. For the purposes of this section. the year of the assessed value that is to be used to determine the credit value shall bethe year prior to the County's. or other unit of local governments. granting of a development order. including changes in zoning. changes in land use. or site plan approvals where such action results in the request for non-site related right-of-way. Credit for the dedication of right-of-way shall be provided when the property has been conveyed at no charge to, and accepted by, the county in a manner satisfactory to the board of county commissioners. If the feepayer shall opt not to have the right-of-way dedication credit determined as set out above, then the amount of credit shall be determined by the board of county commissioners based on an independent property appraisal, as described in section 1-17-36 of this article, prepared by an individual who is both a member of the Appraisal Institute (MAI) and a state certified general appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. At the option of the board, the board may request a review appraisal, as described in Section 1-17-37 of this article,provided that in the event the value established by the independent appraisal exceeds one hundred Underlined passages are added. 3 Strl:lel( tkrðl:lgk passages are deleted. twenty (120) percent of the assessed value by more than twenty-five (25) percent, the board shall request a review appraisal. In the event the board determines to request a review appraisal and the determination of the value is the same or greater than value determined by the independent appraiser, then the county shall bear the cost of the review appraisal. If the determination of the value by the review appraiser is lesS than the value determined by the independent appraiser, then the feepayer shall pay for the cost of the review appraisal. Any independent or review appraisal submitted pursuant to this subsection shall be subject to review of methodology and technical accuracy at the discretion of the county administrator. In the event a property owner determines to donate, and the county determines to accept, nonsite-related right-of-way for any planned nonexisting roads or expansion of existing impact fee eligible roadways as described in section 1-17-33.1(c)(1) to the county in advance of any application for final development order approval, the board of county commissioners shall reserve determin~ation of the value of the credit for the dedicated right- of-way until the property owner, or his assigns, seek a final development order approval for the relT\ainder of the property from which on the date the dedicated right-of-way was provided. All rightofVJ.ð'f credits shall be determil'led·. at the time. contracts· are .Iet for· the construction/expansion of the eligible roadb)'a'y' or at the tilT\e a final developlT\ent. order appro'/ed is gral'lted, whichever occurs first. No right-of-way credit determination may include the consideration of any enhancement to the value of property dedicated as a result of the new or expanded roadway construction. (7) Application procedure. Applicants for credit for construction of nonsite- related road improvements shall submit documentation of the actual engineering and construction costs to the county administrator or his designee. The county administrator or his designee shall determine credit for roadway construction based upon these costs or upon alternative engineering and construction cost estimates if the county administrator or his designee determines that such costs submitted are excessive or incomplete. (8) Acquisition by purchase or condemnation. In the event a developer is required as a condition of a final development order to acquire off-site right-of-way along impact fee eligible roadways as described in section 1-17-33.1(c)(1), the developer shall first obtain an independent property appraisal as described insection 1-17-36 and provide the county administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in section 1-17-37. Except as provided below, credits for right-of-way acquisition shall be based on the independent property appraisal, the review appraisal, or the purchase price, if lower, as determined by the county administrator. In the event the developer is unable to acquire the right-of-way for appraised value or lower, the board may: Underlined passages are added. 4 Stl l:Iel( tl ,I"ðl:lgk passages are deleted. a. Grant additional credits above the appraised value if it determines that the cost of acquisition is less than the cost of condemnation or that condemnation is not practical or desired; or, b. Authorize the condemnation of the parcels; or, c. Deny the request for additional credits. (9) Time of claim; waiver. Except as provided in section 1-17-33.1(b)(4), any claim for credit must be made no later than the time of application for a building permit or for an electrical permit for a mobile home or recreational vehicle. Any claim not so made shall be deemed waived. PART B. CHAPTER 1-17 (ROADS AND BRIDGES) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-36 AS FOLLOWS: Sec. 1-17-36 Independent property appraisal, If the feepayer shall opt not to have the value of any right-of-way dedication determined as set out in section 1-17-33.1(c)(6), the amount of credit shall be determined by the board of county commissioners based on an independent property appraisal (IPA), prepared by an individual who is both a member of the Appraisal Institute (MAI) and a state certified general appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. An "independent property appraisal" is an appraisal report containing the following: (1) Purpose of appraisal. The purpose of the appraisal which includes statement of value to be estimated and the rights or interest being appraised. (2) Legal description of property. (3) Description of parent property. Description of the parent property to be appraised will include: a. Names of apparent owner of each interest being evaluated. b. Location of property. c. Total area of property in acres or square feet. d. Area of each interest in property being acquired in acreS or square feet. e, A minimum of five (5) years delineation of title. f. Present use and zoning. g. Utilities. Underlined passages are added. 5 Strl:ld( tl.rðl:lgk passages are deleted, h. Type and condition of improvements and special features that may add to or detract from the value of the property. (4) Highest and best use. The highest and best use of the property on which the appraisal is based before the acquisition of rights and interests to be acquired and the highest and best use of the remainder after the acquisition when a partial taking is involved. In either instance, if the existing use is not the premise on which the valuation is based, the appraisal will contain an explanation justifying the determination that the property is available and adaptable for a different highest and best use and there is demand for that use in the market. In determining highest and best use. the appraiser shall not consider any development approvals granted subsequent to the date of valuation. (5) Before and after valuation. The "before and after II method of valuation as interpreted by Florida law will be used in partial donations or special benefits to the residue land or improvements. (6) Approaches to value. The appraisal should include all applicable approaches to value. If an approach is not considered applicable, the appraiser must state why. All pertinent calculations used in developing the approaches will be shown. a. In the market approach, the appraisal report will contain a direct comparison of pertinent comparable sales to the property being appraised. The appraiser must include a statement setting forth his analysis and reasoning for each item of adjustment to comparable sales. b. Where the income (capitalization) approach is used, there must be documentation to support the income, expenses, interest rate, capitalization rate, discount rate, and any other factors used in the analysis. Where it is determined that the market rental income is different from the existing or contract income, the increase or decrease must be explained and supported by market information. c. Where the cost approach is utilized, the appraisal report must contain the specific source of cost data, remaining economic life, and an explanation of each type of accrued depreciation. (7) Appraisal of after value. The appraisal of the after value must be supported to the same extent as the appraisal of the before value. This support should include one (1) or more of the following: a. Sales comparable to the remainder properties. Underlined passages are added. 6 Strl:lel( tl ,rel:lgh passages are deleted. b. Sales of comparable properties from which there have been similar donations, or acquisitions for like usages. c. Development of the income approach on properties which show economic loss or gain as a result of similar acquisition or taking for like usages. d. Public sales of comparable lands by the state or other public agencies. e. In the event the data described in a through d above are not available, the appraisal wi II so state and give the appraiser I s reasoning for his value estimate. (8) Difference between before and after. The difference between the before and after appraisal will represent the value of the property to be acquired including the damages to the remainder property. The appraiser will separately analyze and tabulate the difference showing a reasonable allocation to lane improvements, and damages. (9) More than one approach used. Where two (2) or more of the approaches of value are used, the appraisal will show the correlation of the separate indications of value derived by each approach along with a reasonable explanation for the final conclusion of value. This correlation will be included for both before and after appraisals. (10) Photographs. All appraisals should include identified photographs of the subject property including all principal above ground improvements or unusual features affecting the value of the property to be taken or damaged. (11) Sketch or plat. Appraisal reports for whole takings will contain a sketch or plat of the property showing boundary dimensions, location of improvements and other significant features of the property. For partial takings, the sketch or plat will also show the area to be acquired, relation of the improvements to the taking area and area of each remainder. (12) Comparable sales. Each appraisal report will contain or make reference to the comparable sales which were used in arriving at the fair market value. a. The appraiser must state the date of sale, names of parties to the transaction, consideration paid, financing, conditions of sale and with whom these were verified, the location, total area, type of improvements, appraiser's estimate of highest and best use at the date of sale, zoning and any other data pertinent to the analysis and evaluation thereof. b. If the appraiser is unable to verify the financing and conditions of sale from the usual sources such as buyer ,seller, broker, title or escrow company etc. he will so state. Underlined passages are added. 7 Stl"l:Iel( tkrel:lgl. passages are deleted. c. Pertinent comparable sales data should include identified photographs of all principal above ground improvements or unusual features affecting the value of the comparable. (13) Inspection of properties. All property appraised and the comparable sales which were relied upon in arriving at the fair market value estimate will be personally inspected in the field by the appraiser and all dates of inspection will be shown in the appraisal report. (14) Date of valuation. The effective date to which the valuation applies. The date of valuation must be prior to the date of any development approvals for the subject property. including rezonings. land use changes and site plan approvals that resulted in the request for . impact fee credits. (15) Limiting conditions. Statement of appropriate contingent and limiting conditions if any. (16) Certification and signature. The certification, signature and date of signature of the appraiser. PART C, CONFUCTING PROVISIONS, Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions,or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABIUTY AND APPUCABIUTY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any person, property, or circumstance. PART E, FlUNG WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Underlined passages are added. 8 Strl:leh tkl"el:lgh þassages are deleted. · . PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Joseph E. Smith Vice Chairman Paula A. Lewis Commissioner Chris Craft Commissioner Charles Grande Commissioner Doug Coward AYE AYE AYE AYE AYE PART H, CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, 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 C through H shall not be codified. PASSED AND DULY ADOPTED this 8th day of July, 2008. BY: BOARD OF COUNTY COM ST, LUCIE COU BY: Underlined passages are added. 9 Strl:lel( tkl el:lgh passages are deleted.