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HomeMy WebLinkAbout88-16ORDINANCE NO. 88-16 C. o ' ~ c f - (Formerly 87-104) AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN ST. LUCIE COUNTY, FLORIDA; IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT IN ST. LUCIE COUNTY FOR PROVIDING NEW SCHOOLS AND RELATED FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE; PROVIDING FINDINGS AND DECLARATIONS OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR IMPLEMENTATION OF THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN; PROVIDING DEFINITIONS; PROVIDING FOR THE PAYMENT OF AN EDUCATIONAL FACILITIES IMPACT FEE AS THE PREREQUISITE FOR ISSUANCE OF A BUILDING PERMIT FOR A RESIDENTIAL UNIT OR AN ELECTRICAL PERMIT FOR A RECREATIONAL VEHICLE OR MOBILE HOME; PROVIDING FOR REVIEW AND ADJUSTMENT OF THE IMPACT FEE; PROVIDING A METHOD OF PAYMENT OF THE FEE; PROVIDING FOR THE REMITTAL OF FEES COLLECTED AND THEIR EXPENDITURE FOR CAPITAL, PURPOSES ONLY; PROVIDING FOR REFUND OF UNEXPENDED FUNDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REVIEW OF THE IMPACT FEE SCHEDULE; PROVIDING FOR PENALTY FOR VIOLATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; 'PROVIDING FOR ADOPTION; AND PROVIDING FOR INCLUSION IN THE CODE. 7 k :0' 9! �-C WHEREAS, Section 235.19, Florida Statutes, requires the Schaal Board of St. Lucie County and the Board of County Commissioners of St. Lucie County to coordinate school site planning and the county's comprehensive plan; and WHEREAS, Section 235.193(1), Florida Statutes, requires the coordination of planning between school boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are coordinated in time and place with plans for residential development and other necessary services; and Struck threttgh passages are deleted. Underlined passages are added. -1- A[InK 505 ma 1586 WHEREAS, the School Board of St. Lucie County has requested the Board of County Commissioners to adopt an educational facilities impact fee to be paid by new development and to be earmarked for the construction of new educational facilities; and WHEREAS, the St. Lucie County Growth Management Policy Plan has determined that land development shall not be permitted unless adequate capital facilities exist or are assured;_ and WHEREAS, the St. Lucie County Growth Management Policy Plan has determined the policy that land development shall bear a proportionate share of the cost of the provision of the new or expanded capital facilities required by such development; and WHEREAS, the St. Lucie County Growth Management Policy Plan has determined that the imposition of impact fees is one of the preferred methods of regulating land development in order to ensure that—it bears a proportionate share of the cost of capital facilities necessary to accommodate that development and to promote and protect the public health, safety, and welfare; and WHEREAS, the School Board of St. Lucie County has determined that property tax revenue generated by new development has not been adequate to support the educational facilities necessary to ensure that current educational facilities standards can be provided concurrently with the occupancy of new development; and WHEREAS, the Board of County Commissioners has reviewed and accepted a Technical Memorandum on the Methods Used to Calculate Revised Road Impact Fees and Public Education, Law Enforcement, Struele through passages are deleted. Underlined passages are added. -2- BOOK r'95 PAGE 587 BOOK 0 0 Library, Fire Protection, Public Buildings and Recreation and Park Impact Fees dated January 1988, prepared by Dr. James Nicholas. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY: PART A. ARTICLE IV (EDUCATIONAL FACILITIES IMPACT FEE) OF CHAPTER 1-6.5 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO READ AS FOLLOWS: Section 1-6.5-51. Short Title, Authority, and Applicability. (a) This ordinance shall be known and may be cited as the "Educational Facilities Impact Fee Ordinance. (b) The Board of County Commissioners of St. LucieCounty has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of State of Florida, and Chapter 125 and Sections 163.3201, 235.19, and 235-193 of the Florida Statutes. (c) This ordinance shall apply to the unincorporated area of St. Lucie -County and to the incorporated areas of St. Lucie County to the extent permitted by Article VIII, Section l(f) of the Constitution of the State of Florida. Section 1-6.5-52. Intents and Purposes. (a) This ordinance is intended to implement and be consistent with the St. Lucie County Growth Manaaement -Policy Plan. (b) The purpose of this ordinance is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost ofcapitalexpenditures necessary to provide educational facilities as contemplated by the St. Lucie County Growth Management Policy Plan. Struck thrra"gh passages are deleted. Underlined passages are added. -3- 0 R r (c) This ordinance is. intended to implement the volicies established in Section 235.193, Florida Statutes. Section 1-6.5-53. Rules of Construction. (a) The provisions of this ordinance shall be liberally construed so as to carry out effectively its purpose in the interest of the public health, safety, and welfare. (b) For -the Purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the following rules of construction shall apply to the text of this ordinance: (1) In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table, or illustrative table, the text shall control. (2) The word "shall" is always mandatory and not discretionary the word "may" is permissive. - (3) Words used in the present tense shall include the future; the masculine gender shall include the feminine and neuter and vice versa; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. (4) The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for. " (5) The word "person" includes an individual, a Ooporation, a partnership, an incorporated association, or any other similar entity. (6) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connectedbythe conjunction "and," "or," or "either, or," the conjunction shall be interpreted as follows: i) "And" indicates that all the connected terms, conditions, provisions, or events shall aT)plV. S4druek through passages are deleted. Underlined passages are added. -4- 0 R r n r- r, on ii) "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. (iii) "Either. or" indicates that the connected items, conditios, provisions, or events shally apply singly but not in combination. f (7) The word "includes" shall not limit a term to the specific example but is tended to extend its meaning to all other instances or circumstances of like kind or character. (8) "County Administrator" means the county administrator and/or the county or municipal official he/she may designate to carry out the administration of this ordinance. (9) The land use types listed in Section 1-6.5-56 shall have the same meaning as under the St. Lucie County Zoning Regulations. Section 1-6.5-54. Definitions.. (a) A "feepaver" -is a person commencing a land development activity by aT)-piving for the issuance of -a building - permit to construct a -residential unit or by applying for an electrical permit for a mobile home. (b) "Capital costs of educational facilities" are expenditures for the acquisition of fixed assets or additions to fixed assets and expenditures for site acquisition, construction design, site development, necessary off-site improvements, and equipment. I Cc) "Residential unit" is any buildincr- or structure or portion thereof, or any mobile home, that is designed for or used for residential 'Purposes by a single housekeeping unit. St-videk through passages are deleted. Underlined passages are added. -5- ao©K 595 PACE Section 1-6.5-55. Imposition of Educational Facilities ImpactFee. Any person who, after the effective date of this ordinance, seeks to make any improvement to land by applying for a bu�ldinq permit for a- residential unit or an electrical permit for a mobile home used for residential purposes shall be required to pay an educational facilities impact fee in the amount set forth in this ordinance. No such building or electrical permit shall be issued unless and until the educational facilities impact fee hereby imposed has been paid ursuant to Section 1-6.5-57 of this ordinance. Section 1-6.5-56. Computation of the Amount of Education Facilities Impact Fee. (a) At the option of the fegjmaver, the amount of the fee may be determined by the following fee schedule. The fees shown on the schedule reflect a 15 percent discount to encourage use of the schedule im order to avoid the expenditure of administrative time on the processing of independent fee calculation studies provided for in paragraph B of this section. SCHEDULE OF EDUCATIONAL FACILITIES IMPACT FEES RESIDENTIAL LAND USE TYPE Single Family Dwelling Multifamily, 3 stories or more Multifamily, I or 2 stories Mobile Home Other Residential, Strtick threttgh passages added. IMPACT FEE PER RESIDENTIAL UNIT $452 $269 $312 $ 40 $452 are deleted. Underlin5ed passages Rnnx59PAu are If the type of residential development activity for which a building permit is applied is not specified on the above fee schedule, the County Administrator shall use the -fee applicable to the mostnearlycomparable type of land use on the above fee schedule. (b) If a feepaver contends the fees in the schedule contained in subsection (a) of this section do not accuratel reflect the imuact of his development on the need for new educational facilities in St. Lucie County. the feepaver may present evidence in support of his contention to the School Board of St. Lucie -County, which may vary the fee by the amount necessary to reflect properly the true impact of the -proposed development. Uponreceipt of written notice ofanysuch action by . the School Board, St. -Lucie County or the respective -municipality shall adjust the fee payable accordincIly. Section 1-6.5-57. Payment of Fees; Credits (a) The person -ap-ply-ing for the issuance of a building permit or an electrical permit for a mobile home shall pay the fee to the County Administrator prior to the issuance of a building permit or an electrical permit for mobile home. (b) In lieu of all or part of an educational impact fee payable -pursuant to this ordinance, the School Board may accept an offer of a feepaver to dedicate or convey land to the School Board for school sites. If the School Board -accepts such an offer, it shall so inform the County Administrator who shall Stridelf throug, passages are deleted. added. -7- Underlined passages are 0 P t7ne' P, 0-1 (-% credit the amount indicated by the School Board against the sum otherwise due. Except as provided in subsection (c) of this section, the fee or portion thereof satisfied by the dedication or conveyance shall be deemed paid when the dedication or conveyance has occurred pursuant to the following procedure: (1) The delivery to the School Board of a title insurance commitment, to insure said property in a sum to be agreed upon by the Board. 12) The delivery to the Board of a deed, with sufficient funds to Pay all costs of -transfer of title including recording. (3) The escrow of taxes for the current year, pursuant to Section 196.295, Florida Statutes, as the same may be amended, or the payment of said taxes for the year. (4) The issuance of a title insurance . policy subsecruent to recording of the deed and escrow of taxes. _(,_cam Notwithstanding the procedure set forth in subsection (b)-_ of -this section, the educational impact fee credit allowed for property that is the subject of an impact fee agreement between the School Board and the feepaver or the feepaver's predecessor in interest shall be determined as nrovided in such agreement. (d) Pursuant to Section 380.06(16), Florida Statutes, the value of educational capital facilities required -pursuant to a County or City -approved development order shall be credited against the Educational Facilities Impact Fee. (e) Credit for contributions, payMents, construction or dedications of the educational facilities impact fee shall not be transferable as a credit against other impact fees for purposes Struelt threttgI.q. passages are deleted. Underlined passages are added. 0 imnR , 5,q5 PArr ri Q Q other than for educational facilities. No credit shall exceed the amount due for theeducationalfacilities impact fee. Section 1-6.5-58. Use of Funds. (a) The funds collected by St. Lucie County and municipalities located therein shall be remitted at least monthly to the School Board of St. Lucie County. The collecting governmental unit shall be entitled to retain up to but not more than 3 percent of the funds collected to compensate them for the administrative expenses of collecting and administering the Educational Facilities Impact Fee Ordinance. (b) The remaining funds collected and transmitted to the School Board of St. Lucie County shall be sipent solely to meet the educational facilities necessitated by new development. (c) The Board of County Commissioners of St. Lucie County and the School Board of St. Lucie County will enter appropriate interlocal agreements between or among themselves and the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this ordinance. Section 1-6.5-59. Refund of Fees Paid., (a) If a building permit or electrical permit expires, then the feenaver, his heirs, successors, or assicrns shall be entitled to a refund of the impact fee paid as a condition for its issuance, except that the School Board of St. Lucie County shall retain 3 percent of the fee to offset the cost of refunding, and the collecting governmental unit shall retain 3 percent of the fee to comoensate for the cost of collection and administration. Struelt threugI.91 passages are deleted. Underlined passages are added. -9- 0,R r -IA (b) - Any funds not ex1pended or encumbered by the end of the calendar quarter immediately following 10 years from the date the educational im-pact fee Payment was received shall, upon application of the current owner - within 180 days of the expiration of the 10 -year period be refunded to the current owner by the School Board of St. Lucie County with interest at the rate of 6 percent per annum. Section 1-6.5-60. Exemptions. The following shall be exempted from payment of the Educational Facilities Impact Fee: (a) Alteration or expansion of an existing residential building where no additional residential unit is created and where the use is not changed. (b) The construction of accessory buildings or -structures. ic a -The replacement of a residential land useunitwith a new unit of the same type and use. An exemption must be claimed by the feep aver at the time of the issuance of a building permit or electrical permit. Any exemption not so claimed shall be deemed waived by the feepaver. Section 1-6.5-61. Review. The Educational Facilities Impact Fee schedule shall be reviewed by the Board of County Commissioners of St. Lucie County at least once each fiscal biennium. PART B. PENALTY. A violation of this ordinance shall be a misdemeanor punishable according to law; however, in addition to or in lieu Struelt threugh passages are deleted. Underlined passages are added. -10- r n r- of any criminal prosecution, St. Lucie County or any f eepayer shall have the power to sue in civil court to enforce the provisions of this ordinance. PART C. SEVERABILITY. If any section, phrase, sentence, or portion of this ordinance is for any reason held held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. PART D. FILING WITH THE DEPARTMENT OF STATE_ TheClerk 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. PART E. EFFECTIVE DATE. This ordinance shall become effective on January 1, 1989. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jack Krieger AYE Vice -Chairman Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE Commissioner Judy Culpepper NAY Commissioner Jim Minix AYE PART G. CODIFICATION. Struck threugh passages are deleted. Underlined passages are added. 598 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 B through G shall not be codified. PASSED AND DULY ADOPTED this 5th day of July, 1988. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCCOUNTY,FLORIDA, BY: APPROVED AS TO FORM AM CO C COUNTY AORNEY '88 JUL 18 All :52 FIL, Q0UGLA` ST LUCIE stfuelt threug'1-t passages are deleted. Underlined passages are added. -12- 800K 595 PACE 5 ") '17 3. The City agrees to: a. Collect the applicable impact fee as specified in County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the City's jurisdiction. b. To remit to County all funds collected as impact fees, with the exception of three percent (3%) of the funds collected which shall be kept by City as a fee for administration for collecting and transmitting the funds and with the further exception of twenty percent (20%) of the funds which shall be kept by the City for use by the City in acquiring rights of way on arterial and collector roads identified in the City's transportation plan, the County's thoroughfare plan and the Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. City agrees to cooperate with the County in funding the acquisition of rights-of-way for Walton Road and Lennard Road lying within the City by the timeframes required by the County's construction program. City shall remit the collected funds monthly to County, with payment being made to County by the 15th day of the following month. C. Contact the County Administrator or his designee when a building permit, mobile home permit, or electrical permit for a recreational vehicle park is applied for that is not specifically listed in the ordinance and to collect the fee as determined for that use by the County Administrator or his designee. d. Notify County Administrator or his designee of any application for impact fee refund received by the City. g:kagreemn tkin terlockjosi-Imp. fee 2 # au Lid .00 /V &�V UJ0JJ 01 saftd 176 - -/ C, -6— 81,8 LL91- 010N xe� .10s0d 10 # MESSAGE CONFIRMATION FAX NUMBER 98715289 ELAPSED TIME 00'29" MODE G3 STD ECM RESULTS O.K FEB -E6 10:59 MON FAX NUMBER 407-462-1614 NAME SLC CLERK FINANCE