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HomeMy WebLinkAbout05-030 ORDINANCE 05-030 AN ORDINANCE AMENDING ARTICLE II OF THE CODE OF ST. LUCIE COUNTY RELATING TO IMPACT FEES, PROVIDING VARIOUS LEGISLATIVE FINDINGS AS TO THE PUBLIC BUILDINGS IMPACT FEE, PROVIDING DEFINITIONS, AMENDING THE IMPOSITION OF THE PUBLIC BUILDINGS IMPACT FEE, AMENDING THE AMOUNT OF THE PUBLIC BUILDINGS IMPACT FEE, PROVIDING AN ALTERNATIVE COLLECTION METHODOLOGY, AMENDING THE USE OF THE FUNDS, PROVIDING VARIOUS LEGISLATIVE FINDINGS AS TO THE ROADS IMPACT FEE, AMENDING THE IMPOSITION OF THE ROADS IMPACT FEE, AMENDING THE AMOUNT OF THE ROADS IMPACT FEE, AMENDING THE PROVISIONS RELATING TO THE PAYMENT OF THE FEE, CREATING ROAD BENEFIT ZONES, AMENDING THE USE OF THE FUNDS, PROVIDING AN ALTERNATIVE COLLECTION METHODOLOGY FOR THE ROADS IMPACT FEE, PROVIDING VARIOUS LEGISLATIVE FINDINGS AS TO THE PARKS IMPACT FEE, PROVIDING DEFINITIONS, AMENDING THE IMPOSITION OF THE PARKS IMPACT FEE, AMENDING THE AMOUNT OF THE PARKS IMPACT FEE, PROVIDING AN ALTERNATIVE COLLECTION METHODOLOGY FOR THE PARKS IMPACT FEE, CREATING PARK IMPACT FEE DISTRICTS, AMENDING THE USE OF THE FUNDS, PROVIDING AN EFFECTIVE DATE. ~~f'J~~ °otc~ž:e ;c -i- oO",,...z ~~@C:Š: .. ~O> Q:" ...,o&¡m;:o ~;g~8--< 0(;)-c:5;- om~z; -o-iO !ì:@-<,... ~ e¡. !Ð NN " 0>.. 0 o~ ." 5131 -i "s: ::r -I m ~ 0 ~ 3õ o 0 ;c c: ~ ::j o o c: ;:0 -i 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 1-16.3-12 AS FOLLOWS: Sec. 1-16.3-12. Intents, purposes and findings. (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 public buildings ðrld services in St. Lucie County. (c) The Florida Legislature through the enactment of Section 163.3202, Local Government Comprehensive Planning and Land Development Regulation Act and Section 380.06(16) of the Environmental Land and Water Management Act, Florida Statutes Chapters 163 and 380, respectively, has sought to encourage local governments to enact impact fees as a part of their land development regulation program. (Q) As provided in Section 29.008 and 43.28. Florida Statutes. 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 Tax 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. W Pursuant to Section 30.49. Florida Statutes. 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. PART B. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENI;>ED BY AMENDING SECTION 1-16.3-14 AS FOLLOWS: 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 includ€s means all buildings, physical plant~ ðflð: accessory facilities and equipment owned or leased by the board of county commissioners and used to provide ffl and support of the following county 90v€rnlTl€nt functions~ , €xcludin9 librari€s, þarl(s and schools. (ill County and Circuit Court activities and proceedings; (Q) Services and responsibilities of the Tax Collector. Property Appraiser. Supervisor of Elections. Clerk of the Courts and Sheriff; and W Correction and detention activities at the County ¡ail facility. PART C. CHAPTER 1-16.3 PUBLIC BUILDINGS IMP ACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-15 AS FOLLOWS: 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. PART D. CHAPTER 1-16.3 PUBLIC BUILDINGS IMP ACT 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 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 LAND USE TYPE UNIT OF MEASURE IMP ACT FEE f~e. os of fee as of fee as of 10/01/00 10/01/01* 10/01/04 RESIDENTIAL Single-family Mobilehome/RV Unit (MI ¡P/RV park only) ,V,ulti family (All tYPES) Multi-family 1/2 floors Multi-family 3+ floors Hotel/motel (per room) Per unit ~ $-3e8 i 347 Per unit Pe.r ul'lit Per unit Per unit Per room H3 195 æt- 274 227 i4! 198 310 310 224 LAND USE TYPE UNIT OF MEASURE IMP ACT FEE fee as of 10/01100 fee as of 10/01101* fee as of 10/01104 Bed & breðl(fast residel'lce Per room 141 198 224 (aoe;3 I'Iðt i"eltlae; the pril'l\ðl') rt:3iae;"ee;. Si"gle fðmil, tI"it fee II'Itl3t ðl30 be; ð33e;33e;ð for the re3iae;"tiðl portio" of tl3e) Bed & Breakfast (Guest Rooms) 224 All other residential Per unit W ae8 347 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. m ~ 390 Other office Per 1,000 sq. ft. ~ 34§ 623 RETAIL TRADE Under 100,00 square feet Per 1,000 sq. ft. ~ 388 438 100,000-3-199,000 square feet Per 1,000 sq. ft. ~ 446 504 4 ~OO ,000 square feet and over Per 1,000 sq. ft. ~ .38 367 GASOLINE SERVICES Service station Gasoline pumps Per pump stat % % 63 INDUSTRIAL Warehouse Per 1,000 sq. ft. 36 49 32 Truck terminal Per 1,000 sq. ft. 69 99 111 General industrial Per 1,000 sq. ft. 58 7-9 89 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. -264 4e 499 School-Middle/high Per 1,000 sq. ft. 1-;924 i-;9§2: 2.206 Day care center Per 1,000 sq. ft. N7 ~ 268 Fraternal organization Per 1,000 sq. ft. ! ! º Hospital Per bed 2-W 368 416 Nursing home Per bed æ9 æ8 449 Library Per 1,000 sq. ft. 3-53 556 628 RECREA TIONAL Park (city/county/state) Per acre 33- % 63 Recreation facility-All types Per pl(g. space 1,000 sq.ft. 49 1f) 79 Golf course Per hole acre 8! 144 162 Movie Theaters Per 1.000 sq. ft. 71 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-19-17 of this article. If the type of development activity for which a building permit, electrical permit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or an electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out to paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular development. W For a period of six (6) months followinQ the effective date of Ordinance 05-030. Feepayers commencinQ land development activity within the municipal boundaries of the City of Port St. Lucie shall pay a fee eQual to eiQhty-four percent (84'Yo) of the amount contained within this section. PART E. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY CREATING SECTION 1-16.3-17.1 AS FOLLOWS: 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: (Q) 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: ill The amount due and the general purpose for which the Public Buildings Impact Fees were imposed; ill 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; ill 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 subiect to the imposition of a delinquent fee and interest on the unpaid amount until paid; ill 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. íQ) 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 lO'Yo 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 iudgments calculated on a calendar day basis. until paid. W 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. !Q) 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. W After the expiration of one 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 Sections 173.04 through 173.12. inclusive. Florida Statutes. 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. ill The liens for delinquent Public Buildings 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 buildina permit is issued is located within a municipality that has not aareed to assist in the collection of the Public Buildinas Impact Fee. a Feepayer that pays the Public Buildinas Impact Fee directly to the County prior to the receipt of an Impact Fee Statement Notice. shall be entitled to a ten percent (10"0) reduction in the amount of the Public Buildinas Impact Fee due. ill In the event that the alternative collection mechanism contained herein is utilized by the County to collect the delinouent Public Buildinas Impact Fee and that collection procedure results in an ineauitable 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 adiustments to the collection process to address such adverse impacts resultina from the use of the alternative collection procedure. The Feepayer shall have a riaht of review of the decision of the County Administrator to the Board of County Commissioners. PART F. CHAPTER 1-16.3 PUBLIC BUILDINGS IMP ACT 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 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 pe.ublic b-ª.uildings 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 commissioners a proposed capital improvement program for pe.ublic b-ª.uilding and facilities, assigning funds, including any accrued interest, from the public buildings impact fee trust fund to specific pe.ublic b-ª.uildings improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same pe.ublic b-ª.uildings 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 G. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-26 AS FOLLOWS: Sec. 1-17-26. Intents, purposes, and findings. (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. (Q) 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 Sections 125.01(m) and 336.02. Florida Statutes. W 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. Accordingly. 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. PART H. 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- 28. 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 traffic and which requires the issuance of a building permit or an electrical permit for recreational vehicle parks or mobile home parks shall be required to pay a roads impact fee in the manner and amount set forth in this article. Nothing in this article shall be deemed to eliminate the requirements of section 11.02.07 of the St. Lucie County Land Development Code. (b) No building permit or electrical permit for a recreation vehicle park or mobile home park for any activity requiring payment of an impact fee pursuant to section 1-17-29 of this article shall be issued unless and until the roads impact fee hereby required has been paid. PART I. 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. ROAD IMPACT FEE MAINLAND LAND USE TYPE UNIT OF MEASURE he as of 10/01/00 IMPACT FEE fee as of fee as of 10/01/01* 10/01/04* RESIDENTIAL Single-family Mobile home/RVUnit (MIIP/R'I park only) Multi-family 1 and 2 floors Multi-family 3 floors and up Hotel/motel Bed & breakfast (Guest rooms) rE:sidE:ncE: (Doe3 "ot i"ell:u,!e the primBr'" rt:3iele"ee. Si"gle fðmil, l:I"it fee 11'11:131" 13130 Be ð33e33eel for tne rt:3iele"tiðl portio" of 1:13e) All other residential Per unit $1,632 $1,823 $ 2.059 Per unit 8B 9H 1.029 Per unit !;!86 ~ 1.500 Per unit 6!9 694 784 Per room f;3f9 !7R6 1.950 Per room §H 838 947 Per unit !;!86 ~ 1.500 OFFICE & FINANCIAL Medical office ether- General office Per 1,000 sq. ft. Per 1,000 sq. ft. ~ !-;ege 4;986 i-;H4 5.633 1.259 RETAIL TRADE Under 100,000 sq. ft. 100,000-3199,000 sq. ft. 4 ~OO,OOO or more sq. ft. Per 1,000 sq. ft. Per 1,000 sq. ft. Per 1,000 sq. ft. ~ ~ 1-;800 ~ ~ ~ 2.673 2.532 2,477 GASOLINE SERVICES (Per Service Position) S~rt'ic~ statioI'! Gasoline Pumps Per pump stat LAND USE TYPE INDUSTRIAL Warehouse Truck terminal General industrial INSTITUTIONAL School-Elem. School-Middle/high Day care center Fraternal organization Hospital Nursing home Library RECREA TIONAL Parke city/county / state) Recreation facility-All types Golf course Movie Theaters (per seat) UNIT OF MEASURE IMPACT FEE f~~ as of f~~ as of 10/01/00 10/01/01* fee as of 10/01/04* ~ 6-;U-3 7.076 Per 1,000 sq. ft. Per 1,000 sq. ft. Per 1,000 sq. ft. R§ !;464 8W 414 835 461 366 749 38§ Per 1,000 sq. ft. f;OO6 f;OO6 1.136 Per 1,000 sq. ft. 996- 996- 1.125 Per 1,000 sq. ft. ~ 3-;3H 3.740 Per 1,000 sq. ft. m ~ 860 Per bed ~ ~ 1.583 Per bed 2ÇR 3H 352 Per 1,000 sq. ft. ~ ~ 2.548 Per acre -l§9 Per ,,1<9. s"ac~ 1.000 sq.ft. -2-29 Per acre 42-! m 89 42-! 214 292 475 41 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. LAND USE TYPE RESIDENTIAL Single-family Mobile home/RV Unit UI,IIP/RV) park only Multi-family 1/2 floors Multi-family 3+floors Hotel/motel ROAD IMPACT FEE NORTH ISLAND UNIT OF MEASURE IMPACT FEE f~~ as of fe~ as of 10/01/00 10/01/01* fee as of 10/01/04* Per unit $1,684 $1,684 i 1.903 Per unit &74 &74 987 Per unit f;ðe ~ 1.646 Per unit 9% 9% 1.024 Per room 2-;167 ~ 3.182 IMPACT FEE UNIT OF fu. as of fee as of fee as of LAND USE TYPE MEASURE 10/01100 10/01101* 10/01104* Bed & breakfast (Guest Rooms) Per room &74- f;45B 1,638 residel'lce (Does l'Iot il'lclude tke primary residel'lce. Sil'lgle family ul'lit fee must also be assessed for tke residel'ltial portiol'l of use) All other residential Per unit !-;9§9 ~ 2.450 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. !-;§H !;96§ 2.220 ether- General office Per 1,000 sq. ft. 439 439 496 RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft. 1-;W8 ~ 1.499 100,000-31:99,000 sq.ft. Per 1,000 sq. ft. W6 ~ 1.234 4 ~OO,OOO or more sq.ft. Per 1,000 sq. ft. 78.3 944 1.066 GASOLINE SERVICES (Per service position) Service statiol'l Gasoline pumps Per pump stat ~ 2-;274 2.569 INDUSTRIAL Warehouse Per 1,000 sq. ft. 79 79 89 Truck terminal Per 1,000 sq. ft. !§9 !§9 180 General industrial Per 1,000 sq. ft. 88 88 99 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 4æ 4æ 489 School-Middle/high Per 1,000 sq. ft. 429 429 485 Day care center Per 1,000 sq. ft. !-;e§9 1-;4ð 1.609 Fraternal organization Per 1,000 sq. ft. m .3æ 370 Hospital Per bed 542 6W 681 Nursing home Per bed m B-3 150 Library Per 1,000 sq. ft. m 1-&1 1.097 RECREA TIONAL Park(city/county/state) Per acre !§9 199 .-2-ª Recreation facility-All types Per pl<g. space 1,000 sq.ft. 229 ~ 127 Golf course Per acre 4ð 4ð 205 Movie Theaters (per seat) 17 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 fee as of fee as of fee as of LAND USE TYPE MEASURE 10/01100 10/01/01* 10/01104* RESIDENTIAL Single-family Per unit $1,340 $1,429 i 1.615 Mobile home/RV Unit (MI W/RV park only) Per unit M4 M4 581 Multi-family 1 and 2 floors Per unit H4! ~ 1.313 Multi-family 3 floors and up Per unit 476 476 538 Hotel/motel Per room 1-;317 ~ 1.875 Bed & breakfast (Guest rooms) Per room 497 8G5 909 residel'lce (Doë:s "of i"ë:lliee tke prill'lar, rë:siee"ë:e. $i"gle famil, li"if fee mlist a/so Be assessea for fke rë:siae"tia/ portio" of lise) All other residential Per unit !-;1-98 l-;Y6 1.442 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 61-2: 9§3 1.077 Other office Per 1,000 sq. ft. ~ ~ 240 RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft. 488 644 727 100,000-3199,000 sq.ft. Per 1,000 sq. ft. 4H §3e 598 4~00,000 or more sq.ft. Per 1,000 sq. ft. 346 4§8 518 GASOLINE SERVICES (Per Service Position): Gasoline Pumps Per pump stat 1-;ffi l-;æ6 2.492 Service sTatiol'l INDUSTRIAL Warehouse Per 1,000 sq. ft. 38 38 44 Truck terminal Per 1,000 sq. ft. :¡:¡. :¡:¡. 87 General industrial Per 1,000 sq. ft. 43 43 49 INSTITUTIONAL School-Elem Per 1,000 sq. ft. 88 88 100 School-Middle/high Per 1,000 sq. ft. æ8 æ8 235 Day care center Per 1,000 sq. ft. 474- ~ 781 IMP ACT FEE UNIT OF fe€o as of f€oe as of fee as of LAND USE TYPE MEASURE 10/01/00 10/01/01* 10/01/04* Fraternal organization Per 1,000 sq. ft. ~ !§9 180 Hospital Per bed ~ ~ 137 Nursing home Per bed ~ 6§ 74 Library Per 1,000 sq. ft. 4R 4R 534 RECREA TIONAL Park (city/county/state) Per acre 3-2 4e 45 Recreational facility-All types Per pkg. space 43 54 61 golf course Per acre 88 88 100 Movie Theaters Per seat ~ 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. RESIDENTIAL Single-family Mobile home/RV Unit (MIIP/R'j park only) Multi-family 1 and 2 floors Per unit Multi-family 3 floors and up Per unit Hotel/motel Per room Bed & breakfast (Guest rooms)Per room residel'lce (Do~s "ot i"eh:ld~ tk~ I'rilTlar( residel'\e~. Si"gle fal"iI, \:I"it fe~ l'\1\:1st also Be assessed for tk~ residential I'0rtio" of I:IS~) All other residential LAND USE TYPE OFFICE & FINANCIAL Medical office Other office RETAIL TRADE Under 100,000 sq.ft. 100,000-~ 199,000 sq.ft. 4.200,000 or more sq.ft. SOUTH ISLAND UNIT OF MEASURE IMPACT FEE f€o€o as of fe€o as of 10/01/00 10/01/01* fee as of 10/01/04* Per unit Per unit $1,821 $1,429 i 2.057 6% BF 741 1-;481- ~ 1.673 697 85e 666 !;647 2-;B§ 2.412 63l i-;e36 1.170 Per unit ~ ~ 1.838 Per 1,000 sq. ft. Per 1,000 sq. ft. ~ 384 !;R9 384 1.942 434 Per 1,000 sq. ft. Per 1,000 sq. ft. Per 1,000 sq. ft. %8 ~ 68§ !;!6! 956- 8N 1.312 1.080 933 IMP ACT FEE UNIT OF f€.€. as of fe-€. as of fee as of LAND USE TYPE MEASURE 10/01/00 10/01/01* 10/01/04* GASOLINE SERVICES (per service position): S€.Fvic€. statiol'\ Gasoline Pumps Per pump stat ~ 3-;98e 4,497 INDUSTRIAL Warehouse Per 1,000 sq. ft. 69 69 78 Truck terminal Per 1,000 sq. ft. ~ ~ 157 General industrial Per 1,000 sq. ft. H- H- 87 INSTITUTIONAL School-Elem Per 1,000 sq. ft. 3-76 3-76 424 School-Middle/high Per 1,000 sq. ft. 3-76 3-76 424 Day care center Per 1,000 sq. ft. 924- 1-;248 1.410 Fraternal organization Per 1,000 sq. ft. !46 ~ 325 Hospital Per bed 47§ 52-8 596 Nursing home Per bed H-7- W 132 Library Per 1,000 sq. ft. 800 800 960 RECREA TIONAL Park (city/county/state) Per acre R R 81 Recreational facility- A II types Per pkg. space 98 98 110 golf course Per acre 1-59 1-59 180 Movie Theaters Per Seat 15 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 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 land use type. In the case of a change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. The county administrator shall be guided in this determination by Florida Department of 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 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 'Yo New trips) New land miles = Attributable travel/Lane 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 cost--Offsets Impact fee = Net !Q) For a period of six (6) months followinQ the effective date of Ordinance 05-030. Feepayers commencinQ land development activity within the municipal boundaries of the City of Port St. Lucie shall pay a fee eQual to forty percent (40'Yo) of the amount contained within the schedule for the Mainland Road Impact Fee contained within this section. PART J. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-30 AS FOLLOWS: 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 Metropolitan Planning Organization Roads Impact Fee Eligibility Networks or appropriate to the implementation thereof. Such construction must be in addition to any road improvements required pursuant to other ordinances. In addition, the construction, dedication or acquisition of right-of-way must only be for purposes as set out in section 1-17-31. The developer shall submit a cost estimate certified by a registered Florida professional engineer and acceptable to the board of county commissioners or their designee, who shall credit the cost of the construction against the road impact fee otherwise due. The portion of the fee represented by the road construction shall be deemed paid when the construction is completed and accepted by the county or state for maintenance or when adequate security for the completion of the construction has been provided. In the event the developer proposes to dedicate or acquire right-of-way, the provisions of section 1-17-33.1(6) shall apply. The portion of the fee represented by the right-of-way dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the county or other appropriate governmental entity. (c) If road impact fees are owed, no development permits of any type may be issued for the building or structure in question while the fee remains unpaid. The county administrator may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees. PART K. 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. (g) 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. ~í.Q) 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. ~w Except as provided in paragraph ~ W 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. ~!Q) Each January 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. ~W 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. PART L. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY CREATING SECTION 1-17-30.1 AS FOLLOWS: 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: (g) 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: ill imposed; The amount due and the general purpose for which the Road Impact Fees were ill 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: ill 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 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: ffi 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. í.Q) 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 amount of Road Impact Fees due upon the conclusion of such hearing. Upon becoming delinquent. a delinquency fee equal to lO~o 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 judgments calculated on a calendar day basis. until paid. W 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. (Q) 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. W After the expiration of one 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 Sections 173.04 through 173.12. inclusive. Florida Statutes. 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. ill 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. íg) 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 buildina permit is issued is located within a municipality that has not aareed 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 percent (10%) reduction in the amount of the Road Impact Fee due. ill 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 relief. The County Administrator may make such ad iustments to the collection process to address such adverse impacts resultina from the use of the alternative collection procedure. The Feepayer shall have a riaht of review of the decision of the County Administrator to the Board of County Commissioners. PART M. CHAPTER 1-15 P ARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-32 AS FOLLOWS: Sec. 1-15-32. Intents, purposes, and findings. (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 Environmental Land and Water Management Act, Florida Statutes 163 and 380, respectively, has sought to encourage local governments to enact impact fees as a part of their land development regulation program. (Q) 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. W All new residential construction within the County in both unincorporated and incorporated 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. PART N. CHAPTER 1-15 P ARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-34 AS FOLLOWS: 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 improvement includes parks planning, land acquisition, site improvements, buildings, and equipment, but excludes maintenance and operation. Feepayer is a person commencing a land development activity by applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park for a type of land development activity specified in section 1-15-36A of this article. Private recreational facHity 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, fairgrounds, athletic complexes, or watersport facilities. PART O. CHAPTER 1-15 P ARKS IMP ACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-35 AS FOLLOWS: 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. (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. PART P. 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 IMP ACT FEE COUNTYWIDE ASSESSMENT LAND USE TYPE RESIDENTIAL Single-family Mobile home/RV Unit(,V,HP/R'.' park only) Mtllti family (All types) Multi-family.} floors Multi-family 3+ floors Hotel/motel ßed ana breal(fast resiaence (Dees "et i"eh:le!e the I'rimary resie!e"ee. $i"gle famil, l:I"it fee ml:lst alse be assessee! fer the l'esie!e"tia/ I'ertie" ef I:Ise) Bed & Breakfast (Guest Rooms) All other residential UNIT OF MEASURE IMP ACT FEE Per unit Per unit Per unit $4æ 456 ~ 299 3§9 406 Per room Per room 406 ue 293 ue Per unit 293 4æ 456 NOTE: The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-15-47 of this article. If the type of residential development activity for which a building permit or electrical permit for a mobile home park or recreational vehicle park which is being applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out in paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular 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 fee payer if the recreational facilities serve the same purposes and functions as set forth for regional recreation areas in the St. Lucie County Comprehensive Plan. W For a Deriod of six (6) months followinQ the effective date of Ordinance 05-030. FeeDayers commencinQ land develoDment activity within the municiDal boundaries of the City of Port St. Lucie shall Day a fee eQual to thirty Dercent (30'ro) of the amount contained within this section. PARTQ. CHAPTER 1-15 P ARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY CREATING SECTION 1-15-37.1 AS FOLLOWS: 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: (ill 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: ill The amount due and the general purpose for which the Parks Impact Fees were imposed; ill 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: ill 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 subiect to the imposition of a delinquent fee and interest on the unpaid amount until paid: ffi 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. (Q) 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 1O'}'0 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. W 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. (Q) 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. W After the expiration of one 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 Sections 173.04 through 173.12. inclusive. Florida Statutes. 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. ill 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 DrODerty for which the buildinQ Dermit is issued is located within a municiDality that has not aQreed to assist in the collection of the Parks ImDact Fee. a FeeDayer that DayS the Parks ImDact Fee directly to the County Drior to the receiDt of an ImDact Fee Statement Notice. shall be entitled to a ten Dercent (10"0) reduction in the amount of the Parks ImDact Fee due. ill In the event that the alternative collection mechanism contained herein is utilized by the County to collect the delinouent Parks ImDact Fee and that collection Drocedure results in an ineouitable burden as a result of the Darticular terms and Drovisions of the construction or loan contract of the FeeDayer. then such FeeDayer may Detition the County Administrator for relief. The County Administrator may make such ad iustments to the collection Drocess to address such adverse imDacts resultinQ from the use of the alternative collection Drocedure. The FeeDayer shall have a riQht of review of the decision of the County Administrator to the Board of County Commissioners. PART R. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-41 AS FOLLOWS: Sec. 1-15-41. Parks impact fee districts created. There are hereby established two (2) parks impact fee districts as shown in figure 1, and generally described as follows: GRAPHIC LINK (not available): Figure 1, PARKS IMPACT FEES 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. South Park District-8: 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. PART S. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-43 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 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 recreation areas and regional recreation areas under Hie jurisdiction 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. 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, fttftds 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 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 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. PART T. 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 U. 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 V. 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, and this ordinance shall take effect on October 1, 2005. PART W. 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 Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART X. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Frannie Hutchinson Vice Chairman Doug Coward Commissioner Joseph Smith Commissioner Paula A. Lewis Commissioner Christopher Craft AYE NAY AYE AYE AYE PART Y. 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,<,4: .....¡ that parts G to L shall not be codified. /' ATTEST: ~~~~ ¡$~';;' ,., ()" "Y."\~ ~.;. f· \) U IV J¡.'\1 ~;~/;~:~0~~«~Y~ ,i,; ::.:! .!;¡¡.J ,::·).i.~.¡ \~~ 1 ¡~/<\ l~:<··?:>~ }¿;;~ , ~ .<1,-. '\...... .J . '" : ',,:":~;;~~~'~;n:~:~~\~~;' ~_>iiiW-:" . . By: PASSED AND DULY ADOPTED this 6th day of September, 2005.