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Home My WebLink About05-037 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 273691111/02/2005 at 11:14 AM OR BOOK 2403 PAGE 1093 - 1096 Doc Type: ORDN RECORDING: $35.50 ORDINANCE 05-037 AN ORDINANCE AMENDING ARTICLE II OF THE CODE OF ST. LUCIE COUNTY RELATING TO IMPACT FEES AND ORDINANCE 05-030, PROVIDING VARIOUS LEGISLATIVE FINDINGS, AMENDING THE PROVISIONS RELATING TO THE ADOPTION OF THE STUDY FOR PUBLIC BUILDING IMPACT FEES, AMENDING THE PROVISIONS RELATING TO THE ADOPTION OF THE STUDY FOR ROADS IMPACT FEES, AMENDING THE PROVISIONS RELATING TO THE ADOPTION OF THE STUDY FOR PARKS IMPACT FEES, PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 6, 2005, the Board of County Commissioners adopted Ordinance 05-030, which amended Article II, of the Code of S1. Lucie County relating to impact fees, and WHEREAS, that Ordinance incorporated various studies prepared by Dr. James Nicholas relating to Public Building Impact Fees, Roads Impact Fees and Parks Impact Fees, and WHEREAS, as a result of more detailed information some modification of these studies has occurred, and WHEREAS, the Board of County Commissioners believe it is appropriate to amend Article II of the Code of S1. Lucie County, and Ordinance 05-030, to specifically incorporate the revised study; and WHEREAS, the adoption of the revised study into the Ordinance is not a land use regulation nor does it change the actual list of permitted conditional or prohibited uses within a zoning category or change the actual zoning map designation of a parcel of parcels of land, 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 AND ORDINANCE 05-030 ARE HEREBY AMENDED BY AMENDING SECTION 1-16.3-23 AS FOLLOWS: Sec. 1-16.3-23. Use of funds. Underlined passages are added. St. u~k thwU61. passages are deleted. -1- (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the administrative expense of collecting and administering the public buildings impact fee ordinance. All remaining funds collected from public buildings impact fees shall be used solely for the purpose of capital improvements to the county's Public Buildings contained within the County's Comprehensive Plan and identified within the study entitled "Public Buildings Impact Fees for St. Lucie County," dated September, 2005, by Dr. James Nicholas, which is incorporated by reference and adopted as part of this Ordinance, and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. PART B. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY AND ORDINANCE 05-030 ARE HEREBY AMENDED BY AMENDING SECTION 1-17-31 AS FOLLOWS: Sec. 1-17-31 Use of funds and road benefit zones. (b) All funds collected from road impact fees shall be used solely for the purpose of capital improvements or enhancements to transportation facilities associated with the arterial and collector road network of the county as identified in the county's comprehensive plan or the comprehensive plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or by the State of Florida and identified within the study entitled "Roads Impact Fees for St. Lucie County," dated September, 2005, by Dr. James Nicholas, which is incorporated by reference and adopted as part of this Ordinance. 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. PART C. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY AND ORDINANCE 05-030 ARE 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 the jurisdiction within the Comprehensive Plan of St. Lucie County and identified within the study entitled "Parks Impact Fees for St. Lucie County," Underlined passages are added. Sl,uÜ. tl..uugh passages are deleted. -2- dated September, 2005, by Dr. James Nicholas, which is incorporated by reference and adopted as part of this Ordinance, 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. PART D. 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 E. 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 welfare and the inhabitants of the County shall be liberally construed to affect the purposes hereof. PARK F. 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 upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. PART G. 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. Underlined passages are added. St,utk tluöu~,, passages are deleted. -3- PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Vice Chairman Commissioner Commissioner Commissioner Frannie Hutchinson Douglas Coward Joseph Smith Paula A. Lewis Christopher Craft AYE AYE AYE AYE AYE PART I. 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 D to I shall not be codified. PASSED AND DULY ADOPTED this 11 th day of Gètober, 2005. ATTEST: ~'. ¡~:' \:.\ ';'~ ~~> ,\~ . ~,. "~:;~:.;;.;..,.;;. Underlined passages are added. Stltl~1. tluotlgn passages are deleted. ¡By: -4-