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HomeMy WebLinkAbout1995JoAnne Holman, Clerk u~ the Circuit Court - St. Lucie County Tile ~umber: 1382288 OR BOOK 0944 PAGE 1755 Recorded: 03-07-95 08:40 A.M. 1 2 3 4 5 6 7 8 9 10 11 '12 17 2O 22 23 2S 26 28 29 30 31 32 33 34 35 36 37 38 3~ 40 ORDINANCE NO. 95-001 (Formerly 94-026) AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY PROVIDING FOR AMENDMENT TO SECTION 3.01.03(AA)(S)(b)(4) HUTCHINSON ISLAND RESIDENTIAL DISTRICT, BY DELETING SUBPARAGRAPH 4; AND AMENDING SECTION 3.01.03(AA)(7)(b) BY CHANGING THE REFERENCES TO EXISTING CONDITIONAL USE TO PRE-EXISTING USE; AND AMENDING SECTION 3.01.03(AA)(I1)(a) BY ADDING REFERENCES TO SECTION 4.01.00; AND AMENDING SECTION 3.01.03(AA)(ll)(b) BY ADDING REFERENCES TO THE EFFECTIVE DATE OF THIS ORDINANCE AND DELETING THE REFERENCES TO THE EXISTING CONDITIONAL USE REVIEW PROCEDURE AND ADDING REFERENCES TO SECTION 4.01.00; CREATING NEW SECTION 4.01.00, HUTCHINSON ISLAND -BUILDING HEIGHT OVERLAY ZONE; CREATING NEW SECTIONS 4.03.00 THROUGH 4.10.00 (RESERVED); AND AMENDING EXISTING SECTION 4.01.00 TO NEW SECTION 4.11.00 AND AMENDING REFERENCES FROM THE DEVELOPMENT REVIEW COMMITTEE TO THE COMMUNITY DEVELOPMENT DIRECTOR; AND AMENDING SECTION 7.01.03(C) BY ADDING REFERENCES TO THE EFFECTIVE DATE OF THIS ORDINANCE AND DELETING THE REFERENCES TO THE EXISTING CONDITIONAL USE REVIEW PROCEDURE AND ADDING REFERENCES TO SECTION 4.01.00; AND AMENDING SECTION 7.02.03(B) BY ADDING REFERENCES TO THE EFFECTIVE DATE OF THIS ORDINANCE AND SECTION 4.01.00; AND AMENDING SECTION 7.03.03(C) BY ADDING REFERENCES TO THE EFFECTIVE DATE OF THIS ORDINANCE AND SECTION 4.01.00; AND AMENDING SECTION 7.04.01(A) BY ADDING FOOTNOTE 'T' TO TABLE 7.10; BY AMENDING SECTION 10.00.03(E) BY ADDING ADDITIONAL LANGUAGE REGARDING THE REPLACEMENT OF NONCONFORMING STRUCTURES FOLLOWING NATURAL DISASTERS; AND BY AMENDING SECTION 10.01.03(A)(3) TO PROVIDE FOR LIMITED VARIANCES FROM THE PROVISIONS OF SECTION 4.01.00; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. Final Ord. No.: 95-01 (f/k/a 94-026) Page 1 Print Date: 1/10/95 OR BOOK 09 4 ~ PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted amendments to the St. Lucie County Land Development through the following Ordinances certain Code, 91-03 March 14, 1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 On November 17, 1994, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 15 days prior to the hearing and recommended that the proposed ordinance be approved. On December 20, 1994, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on December 12, 1994. o On January 10, 1995, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on December 27, 1994. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Final Ord. No.: 95-01 (f/k/a 94-026) Page 2 Print Date: 1/10/95 OR BOOK O 9 4 ~ PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER III ZONING DISTRICTS 3.00.00 ZONING DISTRICTS 3.01.03 ZONING DISTRICTS AA. HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT 6. Conditional Uses a. Dune Preservation Zone: (1) None. b. Uplands: (1) Hotel, motel, resort, rooming and boarding houses, tourist court, and time-share or transient lodging facilities with rooms or dwelling units used for occupancies of less than four weeks, provided that the number of rooms does not exceed the residential densities set forth in subsection 7 of this Section. (999) (2) Athletic and entertainment clubs or facilities, provided that the proposed use will not generate traffic in excess of that projected for the parcel if developed at the maximum permitted residential density. (9~) (3) Bed and Breakfast Residences, subject to the requirements of Section 7.10.20. Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 3 --tr:.~.c t.~.rcu-.~.= is for deletion Print Date: 1/10/95 OR BOOK 09 4 t PAGE 1 7 5 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 11. Residential Densities a. Maximum Residential Densities a. NO CHANGES b. Existing Uses Any structure, project or use that exceeds the applicable maximum residential density set forth in paragraph (a) of this subsection or the maximum building height set forth in paragraph 11(b)(2) of this section, shall not be subject to the provisions of this subsection but shall be considered .... ""*" ..... ~;*;"""' .... a re-existin useand be sub'ect to the provisions of ~ Section 11.07.05(G) if and only if: (1) The structure, project, or use has been occupied or constructed, or has received a building permit, site plan, or other County development approval prior to July 12, 1984; and (2) Development of the structure, project, or use is completed within all applicable approval periods and time limits. No change or alteration of a pre-existinR use a",, ~v;o,~w,...,,,= ...., ,..,.,..,'";~'--'"',_, _w .... as defined in this paragraph shall be permitted if the change or alteration would allow a residential density exceeding that set forth in the building permit, site plan, or other County development approval for such existing · -'-'-'~;*;-'-"~'..... ,_, _v~ .... pre-existinfl, use Dimensional/Buildin Hei ht Requirements a. Single Family Development: Dimensional requirements for detached single-family residential units shall be in accordance with the dimensional requirements for the RS-4 District found in Table 7.10 in Section 7.04.00, with the exception of residential densities that are outlined in this section and the re uirements of Section 4.01.00 Hutchinson I~din Heiht Overla Zone. b. Multi-Family Development: Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 4 --tri:~-a t-~-rc'-'~-~- is for deletion Print Date: 1/10/95 OR BOOK O 9 4 .' '. PAGE 1 7 5 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Dimensional requirements for all multiple-family dwelling units and two- and three-family dwelling units shall be in accordance with the dimensional requirements for the RM-11 District found in Table 7.10 in Section 7.04.00, except as follows: (1) Residential densities shall be as set forth in subsection 7 of this Section. (2) For any structure that has not been occupied e~ constructed, or has not received a building permit, site plan or other County development approval prior to Janua 10 1995 ' .... "') ~ 9~'~, .... ; .... · .,,4: 4.1-,;..~, ~;t,.'~ /"~;% ~:.~..~4...I-..-.11 ...-.It..'~.~..-* ..~..m;.H..A . .... Q4.....-.4......~...~. kl..~...I.l~ o,,~,.'~,,., ,~, ,~, ...... .' ..... ,o ~,~ ~,,.,.'~,,, ~ ~ n~ nn the re uirements Section 4.01.001 Hutchinson Island - Building Height Overlay Zone shall CHAPTER IV SPECIAL DISTRICTS 4.01,00 HUTCHINSON ISLAND - BUILDING HEIGHT OVERLAY ZONE 4.01.01 INTENT A__. This Section is intended to recognize the dynamic, scenic and unique characteristics of Hutchinson Island in the unincorporated areas of St. Lucie County through regulating the maximum permitted heights of buildings. Objective 1.1.10 of the St. Lucie County Comprehensive Plan, recognizes the unique coastal resources of the County and the need to provide balance between private property development and still assure a full range of public use of the beach environment. C__~. Policy 1.1.10.1 of the St. Lucie County Comprehensive Plan recognizes the Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 5 --tri::a t.~.rc'-'~.~. is for deletion Print Date: 1/10/95 OR BOOK 09 4 ~ PAGE 1 7 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Hutchinson Island Resource PlanninR and Management Plan and the need to consider its polices and objectives in the development of Hutchinson Island Policy 7.1.1.1 of the St. Lucie County Comprehensive Plan recognizes the need for development in the coastal area to be compatible with the physical and environmental characteristic of the property. 4.01.02 GENERALL~Y In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land Iyin,q east of the Atlantic Intercoastal Waterway within the unincorporated areas of St. Lucie County. Such zones are shown on the Hutchinson Island BuildinR Hei.qht Overlay Plan as depicted in Fi,clure 4.5. C~ Except as specifically provided for in Section 3.01.03 and 10.01.03, no structure shall be erected or otherwise established on Hutchinson Island unless it complies with the provisions of this Section. D~_j. Except as specifically provided for in Section 3.01.03 and 10.01.03, nothing in this Section shall serve to relieve any person seeking a Final Development Order from complyin.q with the requirements of Section 7.04.00 (Table 7.10 and Buildin S acin . 4.01.03 HUTCHINSON ISLAND BUILDING HEIGHT ZONES The various zones re,qulatin,q the maximum buildin,q hei,qht on Hutchinson Island are hereby established and specifically defined as follows: A__. HUTCHINSON ISLAND - ZONE A North Hutchinson Island: Those lands lyinR east of Blue Hole Creek and west of the west ri.qht-of-way line for State Road A-l-A, bounded on the north by a line 2058 feet, more or less, north of and parallel to the north 1/2 section line of Sections 10 and 11, Township 34 South, Range 40 East and on the south by a line 1400 feet north of and parallel to the south line of the north 1/2 of Section 14 and 15, Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 6 ztri::c t.~.rcu~.~. is for deletion Print Date: 1/10/95 OR BOOK O944 OAGE 1761 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Township 34 South, Range 40 East; and, Those lands lying east of the east right-of-way line of SR A-1-A and west of the Atlantic Ocean~ bounded on the north by the north line of the north 1/2 of Section 23, Township 34 South~ Range 40 East and in the south by the north ri ht~S orewinds Drive' and South Hutchinson Island~ The south 1550 feet~ more or less~ of Section 4, Township 36 South, Range 41 Eas% and the north 437 fee% more or less~ of Section 9, Township 36 South, Range 41 East, all lands lying east of SR A-l-A; and, Those areas west of SR A-1-A lying between Big Mud Creek on the north and the south line of Section 16~ Township 36 South, Range 41 East, more commonly referred as the St. Lucie Nuclear Power Plant, where the regulations of the Utility (U) zonin.q district shall apply; and, That portion of Section 22, Township 36 South, Range 41 East, more commonly known as Sand Dollar Villas and Sand Dollar North; and, Those lands lying east of the east right-of-way line for SR A-1-A and west of the Atlantic Ocean, bounded on the north by the north line of Section 34, Township 36 South~ Range 41 East and on the south by the Martin County Line. HUTCHINSON ISLAND - ZONE~ North Hutchinson Island~ Those lands lying east of the Atlantic Intercoastal Waterway and west of the Atlantic Ocean, bounded on the north by the Indian River County Line and on the south by the Ft. Pierce Inlet, less and excepting the following: Those lands lying east of Blue Hole Creek and west of the west right-of- way line for State Road A-l-A, bounded on the north by a line 2058 feet~ more or less~ north of and parallel to the north 1/2 section line of Sections 10 and 11, Township 34 South, Range 40 East and on the south by a line 1400 feet north of and parallel to the south line of the Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 7 --tri::c t.~.r:'_'g.~. is for deletion Print Date: 1/10/95 OR BOOK O 9 4 4 PAGE 1 7 6 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 north 1/2 of Section 14 and 15, Township 34 South, Range 40 East; and, o Those lands lying east of the east right-of-way line of SR A-1-A and west of the Atlantic Ocean, bounded on the north by the north line of the north 1/2 of Section 23, Township 34 South, Range 40 East and in the south by the north right-of-way line of Shorewinds Drive; and, South Hutchinson Island: Those lands Iyin,q east of the Atlantic Intercoastal Waterway and west of the Atlantic Ocean, bounded on the north by the Ft. Pierce City Limits and on the south by the Martin County Line, less and excepting the following: O the south 1550 feet, more or less, of Section 4, Township 36 South, Range 41 East~ and the north 437 feet, more or less, of Section 9, Township 36 South, Range 41 East, all lands lying east of SR A-l-A; and, o those areas west of SR A-1-A lying between Bi,q Mud Creek on the north and the south line of Section 16, Township 36 South, Range 41 East, more commonly referred as the St. Lucie Nuclear Power Plant, where the regulations of the Utility (U) zoning district shall apply; and, o that portion of Section 22, Township 36 South, Range 41 Eastr more commonly known as Sand Dollar Villas and Sand Dollar North; and,. o those lands lying east of the east ri,qht-of-way line for SR A-1-A and west of the Atlantic Ocean, bounded on the north by the north line of Section 34~ Township 36 South, Range 41 East and on the south by the Martin Count Line. Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 8 ~tr~::c t.~.rc'-'~.~. is for deletion Print Date: 1/10/95 OR BOOK 0944 1763 1 NORTH FIGURE INDIAN RIVER COUNTY INDIAN RIVER BLUE HOLE HUTCHINSON ISLAND BUILDING HEIGHT OVERLAY ZONES ZONE "A" ~ zo.E"," I I A 4.5 CREEK AVALON STATE RECREATION AREA A TI.ANTIC OCEAN OCEAN HARBOR - NORTH ATLANTIC VIEW BEACH CLUB THE BREAKERS PARAGON A Final double underline is for addition Ord. No.: 95-01 (f/k/& 94-026) Page 9 --trlkc tkrcu-.~.= is for deletion Print Date: 1/10/95 OR BOOK 0 9 4 4 PAGE 1 7 6 4 FIGURE 4.5 TRF. A~URE COVE DUNES V'~SION8 - I HIBSCUS BY-THE-SEA SEAGATE OCEAN CLUB NORTH INDIAN RIVER HUTCHINSON ISLAND BUILDING HEIGHT OVERLAY ZONES ZONE "A" ~ ATLANTIC OCEAN SEA PALMS TIARA I & II SANDS - OCEANMEW BARCLAY AQUANIQUE HOUDAY INN Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 10 --trlkc t-~-rc'-'-k= is for deletion Print Date: 1/10/95 , OR BOOK 0944 PAGE 1765 FIGURE 4.5 A TLAN77C OCEAN INDIAN RIVER JOHN BROOKS PARK/ FREDERICK DOUGLAS PARK SOUTH HUTCHINSON ISLAND BUILDING HEIGHT OVERLAY ZONES ZONE "A" ~ B MATCH UNE 'B- B · B Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 11 ~tri::~- t.~.r--'-'~.~. is for deletion Print Date: 1/10/95 OR BOOK 0944 ~GE 1766 FIGURE 4.5 B B MATCH UNE 'B- B" MIDDLE COVE B/A ATLANTIC OCEAN INDIAN RIVER BLIND CREEK B/A SOUTH HUTCHINSON ISLAND BUILDING HEIGHT OVERLAY ZONES ZONE "A" ZONE "B" ST. LUCIE / FPL POWER PLANT MATCH UNE 'C- C" C C Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 12 ~-tri::c t.~.rc'_'~n is for deletion Print Date: 1/10/95 0944 ~E 1767 ~R BOOK FIGURE 4.5 "C - C" C INDIAN RIVER SAND DOLLAR NORTH SAND DOLLAR VILLAS SOUTH HUTCHINSON ISLAND BUILDING HEIGHT OVERLAY ZONES ZONE "A'' ~ HERMANS BAY B/A ATLANTIC OCEAN D MATCH UNE · D- D" D Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 13 --trlkc t.~.rcu-.~.= is for deletion Print Date: 1/10/95 0944 ~ E 1768 oR BOOK FIGURE 4.5 INDIAN RIVER D "D-D' ISLAND D DUNES ATLANTIC OCEAN ISLANDIA NETTLES ISLAND OCEANA SOUTH HUTCHINSON ISLAND BUILDING HEIGHT OVERLAY ZONE ZON "A- ZONE "B" WAVELAND BEACH MARTIN COUNTY Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 14 rtri::~_ t.~.rc'_'~.~. is for deletion Print Date: 1/10/95 OR BOOK O944 ~GE 1 769 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4.01.04 HUTCHINSON ISLAND HEIGHT LIMITATIONS Except as otherwise provided in this Code, no structure shall be erected or altered in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the followin.q zones: A._~. HUTCHINSON ISLAND - ZONE A The maximum buildin hei ht shall not exceed 125 feet. B__~. HUTCHINSON ISLAND - ZONE B The maximum buildin,q hei,qht shall not exceed 35 feet. 4.01.05 EXCEPTIONS The following structures are not subject to the provisions of this Section: A_~. Communication towers/sirens erected by or for a duly authorized public safety activity. B._=. Electrical, telephone, cable tv/radio or similar communications transmission C_~. Street li.qhts and/or traffic control/surveillance devices. D._~. Roads or Brid es. 4.01.06 VARIANCE~S Any request for variance from the maximum height regulations set forth in this Section shall be reviewed in accordance with the provisions of Section 10.01.00. No variance from the provisions of this Section shall be granted that would permit any building to have a height in excess of one hundred and twenty five (125) feet. Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 15 ctr~_::a t.~.rc'_'~.~. is for deletion Print Date: 1/10/95 ,, 0R BOOK O944 .GE 1 770 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Section 4.03.00 - 4.10.00 (Reserved) 4.0 11.00 HISTORIC PRESERVATION 4.0~. 11.01 CHANGES TO HISTORIC STRUCTURES OR SITES Changes to historic structures or sites must be reviewed and approved by the r~ .... , ..... · D~..; .... "~----"**~ Community Development Director. For the purpose of this section, the changes that must be approved include site plans, building permits, demolition permits, DRI's, rezoning applications, conditional use applications, variance applications, land use change applications, and vegetation removal applications. The r~ ...., ..... * D~'"' .... ~'~----;**~" ity p ...... . ............................ Commun Develo ment Director shall consult with the County designated historical group on all projects involving changes to these structures and/or sites. Any proposed alteration shall be reviewed for conformance with Objective 7.1.6 and Policies 1.1.5.3 and 7.1.6.1 of the St. Lucie County Comprehensive Plan and The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. If the proposed changes/development is disapproved by the r~ .... , ,,~.,~..=~": .... r-~_._.;**~........,,,..~ Community Development Director, the applicant shall be notified in writing by the Cc,m,,m, lttcc Director of the historic value of the structure/site and the reasons the application was disapproved. If the applicant or the County designated historical group does not agree with the decision of the r~ .... , ..... , ~..: .... r.~__:**~., Community Development Director, an appeal may be made in writing to the o~.~ ~ ~- .... ... Cc,m,m,,i==icncr~. Board of Adiustment within thirty (30) days of the date of notification in accordance with Section 11.11.00. Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 16 --trlkc t.~.rcu-.~.= is for deletion Print Date: 1/10/95 BOOK O944 P~ ' 1771 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 DEVELOPMENT CHAPTER VII DESIGN AND IMPROVEMENT STANDARDS 7.01.00 7.01.03 PLANNED UNIT DEVELOPMENT STANDARDS AND REQUIREMENTS PARAGRAPHS A THROUGH B - NO CHANGES C._~. AREA, YARD, AND HEIGHT REQUIREMENTS Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied_~ e~ constructed, or has not received a building permit, site plan or other County development approval as a permitted use ryl0 ' prior to Janua , 1995 ' .... '~') ~"~A a max:mum ~"-"'-~'* '"-'"* '-~ +~'"'+" ¢,,,.. ,.~.~ ~,..,, r--,~,,; ..... *,., .., e,,,.,..,,,. I q.nv..n°. the requirements of Section 4 01 00, Hutchinson Island - BuildinR HeiRht Overlay Zone shall apply. PARAGRAPHS D THROUGH K - NO CHANGES 7.02.00 7.01.03 PLANNED NON-RESIDENTIAL STANDARDS AND REQUIREMENTS DEVELOPMENT PARAGRAPH A- NO CHANGES Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 17 =tri.~.c t.~.rcu~.~. is for deletion Print Date: 1/10/95 ,, UR BOOK 0944 F E 1772 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DIMENSIONAL REQUIREMENTS Dimensional requirements shall be in accordance with Table 7.10 in Section 7.04.01, provided, however, that the Board of County Commissioners may condition approval of a Planned Non-Residential Development upon compliance with more stringent or restrictive dimensional requirements in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public' safety and to ensure compliance with the St. Lucie County Comprehensive Plan; and, any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995, the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall a I . PARAGRAPHS C THROUGH J -- NO CHANGES 7.03.00 7.03.03 PLANNED MIXED USE DEVELOPMENT STANDARDS AND REQUIREMENTS PARAGRAPHS A THROUGH B - NO CHANGES DIMENSIONAL REQUIREMENTS For Planned Mixed Use Developments, area, yard, height and other dimensional requirements of Chapters 7, 8, 9, and 13 shall be determined at the time of final PMUD Plan approval except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a buildin?, permit, site plan or other County development approval as a permitted use prior to January 10, 1995, the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. Where area, yard, height and other dimensional requirements, as defined by the Planned Mixed Use Development are less restrictive than similar requirements of this Code, approval may be granted by the Board of County Commissioners Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 18 ctri.~--~ t-~-rcug.~. is for deletion Print Date: 1/10/95 0944 P ~ 1773 OR BOOK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 7.04.00 7.04.01 upon demonstration that such less restrictive dimensional requirements are determined to be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, and the other standards and requirements of this Code. PARAGRAPHS D THROUGH M -- NO CHANGES AREA, YARD, REQUIREMENTS HEIGHT, AND OPEN SPACE REQUIREMENTS DENSITY, HEIGHT AND LOT COVERAGE - GENERAL Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage requirement shown in Table 7.10 for the Zoning District in which it is located. (see footnote "i" in Table 7.10) Final double underline is for addition Ord. No.: 95-01 (f/k/a 94-026) Page 19 ctr~-:;c t-~-rc'-'-.~.= is for deletion Print Date: 1/10/95 .. OR BOOK 0 9 4 4 PA I 7 7 4 .- OR BOOK 0 9 4 4 PA(. I 7 7 5 :::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::: ................................................ ........... :::::::::::::::::::::::::::::::::::::::::::::::: OR BOOK 094~ PAGE 1776 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 CHAPTER X HARDSHIP RELIEF 10.00.00 NONCONFORMITIES 10.00.03 NONCONFORMING STRUCTURES TERMINATION UPON DAMAGE OR DESTRUCTION Any part of a nonconforming structure that is damaged or destroyed to the extent of fifty (50%) percent or more of the assessed value of said structure shall not be restored unless that part conforms to the provisions of this Code. If St. Lucie County or a portion thereof is declared a disaster area by the Governor of the State of Florida or the President of the United States, as a result of a hurricane, tornado, flood, or other similar act of God, then the provisions of Section 10.00.03 shall be hereby modified to allow within the declared disaster area the replacement or reconstruction of structures on or in the location of the original foundation, except that the any replacement construction must comply with the applicable provisions of Section 6.05.00 and Section 13.00.00 of this Code, provided, this modification to county regulations to allow the replacement or reconstruction of nonconforming structures shall not effect the application and enforcement of state or federal laws and agency regulations regarding replacement or reconstruction of nonconforming structures. 10.01.00 VARIANCES 10.01.03 LIMITATIONS ON GRANTING VARIANCES A...~. Variances shall not be granted that would: Final double underline is for addition Ord. No.: 95-001 (f/k/a 94-026) Page 22 ctr:::c t.~.rc'_'~.~. is for deletion Print Date: 1/10/95 OR BOOK 0944 PAGE 1777 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 Permit a building or structure to have a height in excess of one hundred and twenty (120%) percent of that permitted by Table 7.10 in Section 7.04.00; or permit a lot width or road frontage less than eighty (80%) percent of that permitted by said Table, except: ao In the case of nonconforming lots of record, provided, however, that a variance to construct a permitted or authorized accessory structure on such a lot shall be governed by the provisions of Section 10.00.04; and In the AG-l, AG-2.5 and AG-5 Agricultural Districts, road frontage of less than sixty (60) feet may be permitted on parcels of ten (10) acres or more in total area. Permit the use of land or a structure contrary to the use provisions of Section 3.01.00; 3_.= Permit a variance from the provisions of Section 4.01.00 that would authorize any building to have a height in excess of one hundred and twenty (120%) percent of the maximum permitted by the particular zone in which it is located or to be in excess of one hundred and twenty five 125 feet whichever is less. PARAGRAPHS B THROUGH F -- NO CHANGES PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. Final double underline is for addition Ord. No.: 95-001 (f/k/a 94-026) Page 23 --trlkc t.~.rcu~.~. is for deletion Print Date: 1/10/95 OR BOOK 0944 P ~. 1778 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 F. EFFECTIVE DATE. This ordinance shall take effect upon adoption of the Board of County Commissioners. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler AYE Commissioner Havert Fenn AYE Commissioner Gary Charles, Sr. NAY Commissioner Cliff Barnes AYE Final double underline is for addition Ord. No.: 95-001 (f/k/a 94-026) Page 24 ---r:.:c _..re'-'3 is for deletion Print Date: 1/10/95 OR BOOK 09~ A PAGE 1779 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development 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 B through H shall not be codified. PASSED AND DULY ENACTED this 10th day of January, 1995. ATTEST: DEI~u~t~ CLERK BOARD OF COUNTY COMMISSIONERS ~--- ST. LUCIE COUNTY, FLORIDA C~II~r~AN APPROVED AS TO FORM AND OUNTY ATT~/N~/Y DJM 0R95-01 (hght) Final Page 25 double underline is for addition e~ is for deletion Ord. No.: 95-001 (f/k/a 94-026) Print Date: 1/10/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ~, :' 38 39 4O 41 42 43 44 45 ~ 46 ORDINANCE 95-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY PROVIDING FOR AMENDMENT TO SECTION 3.01.03(A)(2), AG-l, AGRIcu*r..,TURAL - 1, ADDING AS A PERMITTED USE NONCOMMERCIAL RESEARCH FACILITIES; BY AMENDING SECTION 3.01.03(B)(2), AG-2.5, AGRICULTURAL - 2.5, ADDING AS A PERMITTED USE NONCOMMERCIAL RESEARCH FACILITIES; BY AMENDING SECTION 3.01.03(C)(2), AG-5, AGRICULTURAL- 5, ADDING ASA PERMITTED USE NONCOMMERCIAL RESEARCH FACILITIES; BY AMENDING SECTION 3.01.03(T)(?), IL, INDUSTRIAL, LIGHT, ADDING AS A CONDITIONAL USE SHIP, BOAT BUILDING, AND REPAIRING - FORTY-FIVE (45) TO ONE- HUNDRED FIFTY (150) FEET; PROVIDING FOR SEVERABZLZTY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ANEFFECTIVEDATE; AND PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 March 14, 1991 93-06 91-09 May 14, 1991 93-07 91-21 November 7, 1991 94-07 92-17 June 2, 1992 94-18 93-01 February 16, 1993 94-21 93-03 February 16, 1993 95-01 93-05 May 25, 1993 95-02 May 25, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 16, 1994 January 10, 1995 March 28, 1995 On January 19, 1995, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port Double Underline is for addition ~is for deletion Ordinance 95-002 Page 1 Final Print Datel 3/28/95 ! i.~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 St. Lucie News and The Tribune at least 15 days prior to the hearing and recommended that the proposed ordinance be approved. On February 21, 1995, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and The Tribune on February 1, 1995 and February 15, 1995. On March 7, 1995, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and Tribune on March 1, 1995, at which time the Board continued any reviews on this item until March 28, 1995 On March 28, 1995, this Board reconvened its second public hearing on the proposed ordinance. The proposed amendment to the St. Lu¢ie County Land Development Code is consistent with the general purpose, goals, objectives, and standards of the St. Lu¢ie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT O~DAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: ******************************** CHAPTER III ZONING DISTRICTS Double Underline is for addition ~ is for deletion Ordinance 95-002 Page 2 Final Print Date~ 3/28/95 o o o 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 3.00.00 3.01.03 ZONING DISTRICTS ZONING DZSTRZCTS ae AG-1 AGRICULTURAL - 1 Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre· The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. Permitted Uses me Agricultural production - crops Agricultural production - livestock & animal specialties (o2) Agricultural services (07) Family day care homes. (999) Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) Fishing, hunting & trapping (o9) Forestry Kennels. (0752) Research Facilities, Noncommercial Riding stables. (7999) Single-family detached dwellings. (999) Be AG-2.5 Purpose AGRICULTURAL - 2 . 5 Double Underline is for addition ~ is for deletion Ordinance 95-002 Page 3 Final Print Dater 3/28/95 O 0 O1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one dwelling unit per two and one half (2.5) gross acres· The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. Permitted Uses Agricultural production - crops Agricultural production - livestock & animal specialties (02) Agricultural services (07) Family day care homes. (999) Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) Fishing, hunting & trapping (09) Forestry (08) Kennels. (0752) Research Facilities, Noncommercial (8733) Riding stables. (?999) Single-family detached dwellings. (999) PArAGrAPHS 3 TH~OUGS 8: NO CaAN~ES C. AG-5 AGRICULTURAL - 5 1. Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one dwelling unit per five (5) gross acres. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be Double Underline is for addition ~ is for deletion Ordinance 95-002 Page 4 Final Print Date~ 3/28/95 0 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 further defined in Section 2.00.00 of this code. Permitted Uses Agricultural production - crops (01) Agricultural production - livestock & animal specialties (02) Agricultural services (07) Family day care homes. (999) Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) Fishing, hunting & trapping (09) Forestry (os) Kennels. (0752) Research Facilities, Noncommercial (s733I Riding stables. (7999) single-family detached dwellings. (999) THROUGH 8: NO ~%~ES IL INDUSTRIAL, LIGHT Purpose The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 7. Conditional Uses Double Underline is for addition ~ is for deletion Ordinance 95-002 Page 5 Final Print Date~ 3/28/95 0 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Ce Airports, landing and takeoff fields - general aviation (45sl) Manufacturing: (1) Cut stone and stone products. (328) (2) Motorcycles, bicycles, and parts. (375) (3) wood containers, wood buildings and mobile homes. (244/245) Radio/television transmitting towers - including microwave and satellite communications (999) ship, boat buildinq & repairinq (excludinq ship or boat salvaqinq} - Forty-five (45) to one-hundred fifty (150) ft (373) wholesale: (1) Petroleum bulk stations and terminals. scrap and waste materials - subject to the provisions of Section 7.10.12.A. PARAGRAPH 8 .' No CHANGES PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Double Underline is for addition ~is for deletion Ordinance 95-002 Page 6 Final Print Dates 3/28/95 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PA~T F. EFFECTIVE DATE. This ordinance shall take effect upon adoption of the Board of County Commissioners. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green Vice-Chairman Ken Sattler Commissioner Havert Fenn Commissioner Cliff Barnes Commissioner Gary D. Charles, Sr. AYE AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development 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 B through H shall not be codified. PASSED AND DULY ENACTED this 28th day of March 1995. BOARD OF COUNTY ST. LUCIE COUNTY, BY: Double Underline is for addition -=~-r'-.~-c Tnrcu~n is for deletion Ordinance 95-002 Page 7 Final Print Dates 3/28/95 o O o 0 0 9 '10 '11 ,~12 '~13 ' 14 ~15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DJM OR95-02a(a2) Double Underline is for addition ~r!~c Tnrcu~n is for deletion Ordinance 95-002 Page 8 Final Print Date: 3/28/95 o O O 0 0 ORDINANCE NO. 95-05 AN ORDINANCE AMENDING CHAPTER 1-12, ARTICLE II, "OCCUPATIONAL LICENSE TAXES AND REGULATIONS" OF THE CODE OF ORDINANCES OF ST. LUClE COUNTY, FLORIDA , BY AMENDING SECTION 1-12-22 (DISPOSITION OF TAXES COLLECTED) IN ACCORDANCE WITH SECTION 205.0536, FLORIDA STATUTES; DELETING SECTION 1-12-47 (MISCELLANEOUS BUSINESSES NOT OTHERWISE PROVIDED FOR); AMENDING SECTION 1-12-48 (MOVING PICTURE SHOWS, THEATERS, DRIVE-IN THEATERS) TO RENUMBER TO SECTION 1-12-47; AMENDING SECTION 1-12-49 (PAWNBROKERS) TO RENUMBER TO SECTION 1-12-48; AMENDING SECTION 1-12-50 (PAWNBROKERS; REPORTS TO SHERIFF; PENALTY) TO RENUMBER TO SECTION 1-12-29 AND CLARIFY; AMENDING SECTION 1-12-51 (PERMANENT EXHIBITS) TO RENUMBER TO SECTION 1-12-50; AMENDING SECTION 1-12-52 (PROFESSIONS, BUSINESSES, OCCUPATIONS) TO RENUMBER TO SECTION 1-12-51; AMENDING SECTION 1-12-53 (PUBLIC SERVICE) TO RENUMBER TO SECTION 1- 12-52; AMENDING SECTION 1-12-54 (RETAIL STORE LICENSE) TO RENUMBER TO SECTION 1-12-53; AMENDING SECTION 1-12-55 (TELEPHONE SYSTEMS) TO RENUMBER TO SECTION 1-12-54 AND TO INCORPORATE THE PROVISIONS OF SECTION 205.0535(1), FLORIDA STATUTES; AMENDING SECTION 1-12-56 (TRADING, ETC., IN INTANGIBLE PERSONAL PROPERTY) TO RENUMBER TO SECTION 1-12-55; AMENDING SECTION 1-12-57 (TRADING, ETC., IN TANGIBLE PERSONAL PROPERTY) TO RENUMBER TO SECTION 1-12-56; AMENDING SECTION 1-12-58 (VENDING MACHINES) TO RENUMBER TO SECTION 1-12-57 AND TO ADD SECTION 1-12-57(F) TO PROVIDE THAT REPLACEMENT OF ONE (1) VENDING MACHINE WITH ANOTHER DURING THE LICENSING YEAR SHALL NOT AFFECT THE TAX ASSESSMENT FOR THAT YEAR UNLESS THE TAX ASSESSMENT FOR THE REPLACEMENT MACHINE REQUIRES A HIGHER TAX RATE; AMENDING SECTION 1-12-59 (WATER COMPANIES AND SEWAGE DISPOSAL COMPANIES) TO RENUMBER TO SECTION 1-12-58; AMENDING SECTION 1-12-60 (FARMERS' MARKETS, FLEA MARKETS, ETC., WHERE INDIVIDUALS SELL FROM STALLS) TO RENUMBER TO SECTION 1-12-59 AND TO REQUIRE OPERATORS OF FARMERS' MARKETS AND FLEA MARKETS TO OBTAIN AN OCCUPATIONAL LICENSE; AMENDING SECTION 1-12-61 (TRAVELING JUNK DEALERS) TO RENUMBER TO SECTION 1-12-60 AND CLARIFY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF OO O, q? Struck through passages are deleted. Underlined passages are added. OR' BOOK',. 0978 PAGE 2457 STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. established WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Chapter 1-23, Article II of the St. Lucie County Code of Ordinances and Compiled Laws establishes occupational license taxes for businesses operating in St. Lucie County. 2. Section 205.0536, Florida Statutes, authorizes the Board of County Commissioners to reclassify businesses, professions and occupations and establish new rate structures following the review of the existing classification and rate structure by an Equity Study Commission; On April 24, 1994, the Board adopted Resolution No. 94-99 which an Equity Study Commission to review Article II, Chapter 1-12 and recommend to the Board any revisions to such classifications and rate structure for local occupational license taxes. 4. This Board has determined that it is necessary and in the public interest to amend Article II, Chapter 1-12 to incorporate the recommendations of the Equity Study Commission. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-12-22. DISPOSITION OF TAXES COLLECTED, Underlined passages are added. OR~BOOKI, 0978 PAGF ~ 4 5 8 Section 1-12-22 (Disposition of taxes collected.) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-12-22. Disposition of taxes collected. a) T~ r,~,,~,n,,,~ ,4,~.;,,aN 4:r,-,r,-, +h~ ,-~,-,-,,,r~,-~{';,~,-~,.~l I;..,~.c.a +,"~v ,~v,-I,,,~;,,~ ..~.F 4-h,-~ ,-,,~4.. ,-,~ ,-,-,lla,-,+;.-...'~.'~N .-~r,s, ,'.raN;+ ,'.;s,an ~r m, ,n;,..;r~.-~l I;,--,~r~r.a +.~v~,~- e,,h,.~ll l-~s .'.-~n,'~r+;,-~,-,,~,4 +l-~,~r~;n I~,, ~ r~+;~ ~r;~,~ ~, ~;~,;~;n~ +~;r r~+;~,~ ~, ,1~+;~ h~, +h~ ~, ,l~+;~n~ ..... ~' The county shall retain all occupational license tax revenues collected from business, professionals, or occupations whose places of business are located within the unincorporated areas of the count. Any occupational license tax revenues collected by the county from businesses, professions, or occupations whose places of business are located within a municipality, exclusive of the costs of collection, shall be appoAioned be~een the unincorporated area of the County and the incorporated municipalities located therein by a ratio derived by dividing their respective populations by the population of the county. As used in this section, the term "population" means the latest o~cial state estimate of population ce~ified under Section 186.901, Florida Statutes. (b) The revenue so appodioned shall be sent to the governing authority of each municipality according to its ratio and to the governing authorize of the county according to the ratio of the unincorporated area within fi~een (15) days following the month of receipt. PART B. AMENDMENT OF SECTION 1-12-47. MISCELLANEOUS BUSINESSES NOT OTHERWISE PROVIDED FOR. _.,~+ .... .v,.~' *~'""' ,"'~'.,., v.=,, passages are deleted. Underlined passages are added. OR BOOK 0978 PAC 2459 Section 1-12-47 (Miscellaneous businesses not otherwise provided for) is hereby deleted: ,.---~,.~ i~,~,~v,, v,,~::~,..,~::~.~ ,,, ~,,~ v~,~ , , ~, ~,,~ ~,,,~ ~, ~ v,, ,,~,~ ~,,~ , v~ ~m ~ ~'~''~ '~"~ ~ ~''7 ~ ~' ~'"~ ~''~' ~, PART C. AMENDMENT OF SECTION 1-12~8. Moving picture shows, theaters and drive-in theaters. Section 1-12~8 (Moving picture shows, theaters and drive-in theaters) of the St. Lucie Coun~ Code of Ordinances and Compiled Laws is hereby by amended to read as follows: Section 1-12~! Moving picture shows,theaters and drive-in theaters. (a) Owners, managers or lessors of theaters or halls employing traveling troupes, theatrical, operatic or minstrel, giving pe~ormances in buildings ~ed up for such purposes, or moving picture shows giving exhibitions in buildings permanently used for such purposes, or drive-in theaters, shall be allowed to give as many pe~ormances or exhibitions in such buildings, theaters or areas as they wish on payment of the following license tax: (1) In cities or towns of twenty thousand (20,000) inhabitants or more, a license tax of three hundred dollars ($300.00) per annum. ~* .... ~' thrcugh passages are deleted. Underlined passages are added. -4- OR BOOK ··0978 PAGE ~460 (2) In cities or towns of less than twenty thousand (20,000) and more than fifteen thousand (15,000) inhabitants, a license tax of two hundred twenty- five dollars ($225.00) per annum. (3) In cities or towns of less than fifteen thousand (15,000) and more than ten thousand (10,000) inhabitants, a license tax of one hundred fifty dollars ($150.00) per annum. (4) In cities or town of less than ten thousand (10,000) and more than five thousand (5,000) inhabitants, a license tax of seventy-five dollars ($75.00) per annum. (5) In cities or towns of less than five thousand (5,000) inhabitants, a license tax of fifteen dollars ($15.00) per annum. (b) Whenever any moving picture show, theater or drive-in theater is located outside the limits of any municipality, the license tax shall be based on the population of the nearest municipality. PART D. AMENDMENT OF SECTION 1-12-49. PAWNBROKERS. Section 1-12-49 (Pawnbrokers) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby by amended to read as follows: Section 1-12-498, Pawnbrokers. (a) Every person engaged in the business of pawnbroker shall pay a license tax for each place of business of two hundred twenty-five dollars ($225.00). (b) Pawnbrokers shall keep a complete and true record of all transactions, showing from whom each article of their stock was purchased or pledged, the date of the transaction and the date and to whom each article was sold, which record shall at all times be subject to the inspection of all police or peace officers. Underlined passages are added. -~- OR BOOK . 0978 PAGE 2461 (c) misdemeanor. PART E. AMENDMENT OF SECTION 1-12-$0. SHERIFF; PENALTY. Any person violating the provisions of this article shall be guilty of a PAWNBROKERS; REPORTS TO Section 1-12-50. (Pawnbrokers; reports to sheriff; penalty) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-12-,~)49. Pawnbrokers; reports to sheriff; penalty. Every person engaged in the business of pawnbrokers, licensed under section 1- 12-498 of this article, shall make monthly reports to the St. Lucie County sSheriff ef4he ..... +"; .... ~';"~' .... ~' ~"'"; .... " ...... *"'~ of the information required to be maintained by such pawnbrokers under the provisions of such section, and any person failing to make such report shall be subject to the penalty provided in such section. Forms for the preparation of the reports required herein shall be prescribed and furnished by the · ....~.-...........'~ ~""'*'""~"+ ~'.., .... ...... .. ........~ ....... ............'. St . Lucie County Sheriff . PART F, AMENDMENT OF SECTION 1-12-51, PERMANENT EXHIBITS. Section 1-12-51. (Permanent Exhibits) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-12-5-~0. Permanent exhibits. Anyone who operates for a profit in this state a permanent exhibit shall pay a license fee of one hundred fifty dollars ($150.00) for each exhibit. Str'--'ck thrcugh passages are deleted. Underlined passages are added. -~- OR BOOK 0978 PAG" 2462 PART G. AMENDMENT OF SECTION 1-12-52. PROFESSIONS, BUSINESSES, OCCUPATIONS. Section 1-12-52 (Professions, businesses, occupations) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-12-52_1_. Professions, businesses, occupations. (a) Every person engaged in the practice of any profession, who offers his service either directly or indirectly to the public for a consideration, whether or not such endeavor is regulated by laws, shall pay a license tax of fifteen dollars ($15.00) for the privilege of practicing, which license shall not relieve the person paying the same from the payment of any license tax imposed on any business operated by him. (b) Every person engaged in a profession, business or occupation regulated by law where licensing and qualification standards are required shall display and exhibit to the tax collector the license for the current year prior to the tax collector issuing an occupational license pursuant to this chapter. (c) An occupational license shall not be required where a person, although licensed by law under a regulatory statute, is prohibited from engaging in a profession, business or occupation unless under the direct supervision of another person, individual or corporation. (d) Every individual or group of individuals who operate a branch office, or any professional corporation which operates an office in which a profession is practiced, shall license each office in which the profession is practiced. Str'--'ck through passages are deleted. Underlined passages are added. -7- OR BOOK 0978 PAG' 2463 PART H. AMENDMENT OF SECTION 1-12-53. PUBLIC SERVICE. Section 1-12-53 (Public service) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-12-532. Public service. (a) Every person engaged in any business as owner, agent, or otherwise, that performs some service for the public in return for a consideration, shall pay a license tax ~ based on the maximum number of persons actually employed, or to be employed during the license year, in the following amounts: (1) One to five (5) employees, eleven dollars ($11.00). (2) Six (6) to ten (10) employee, twenty-seven dollars ($27.00). (3) Eleven (11) to fifteen (15) employee, forty dollars ($40.00). (4) Sixteen (16) to twenty (20) employees, fifty-six dollars ($56.00). (5) Twenty-one (21) or more employees, seventy-five dollars ($75.00). (b) No license shall be required under this section for any business the principal function ofwhich is the performance of some service for the public in return for a consideration when the nature of the service is such that an occupational license is required of the business by some other section of this article; but this provision shall not be construed to exempt service departments of merchandising and other lines of business from the license required by this section, with the exception of gasoline service stations with not more than three (3) persons engaged in the performance of a service for a consideration. Str'--'ck thrcuGh passages are deleted. Underlined passages are added. -~- OR BOOK 0978 PAG' 2464 (c) In determining the number of persons employed all principals shall be deemed employees and be included in the calculation. PART I, AMENDMENT OF SECTION 1-'12-54. RETAIL STORE LICENSE. Section 1-12-54. (Retail store license) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section '1-'12-543 Retail store license. (a) For the privilege of conducting, engaging in and carrying on the business of a retailer as defined in this section, there is hereby levied and assessed upon every person or association of persons as herein defined, for each store located and operated within this state by such person or association of persons, an annual license tax in the sum of fifteen dollars ($15.00). (b) The following words, terms and phrases when used in this section have the meaning ascribed to them, except where the context clearly indicates a different meaning. Retailer includes every person engaged in the business of making sales at retail. Such term shall not include bulk plants or filling stations engaging principally in the sale of gasoline and other petroleum products; ice plants or ice dealers engaging principally in the sale of ice; bakeries and other manufacturing or processing plants selling only the products manufactured or processed therein; or restaurants, cafes, cafeterias, hotels and liquor stores; provided, however that where food or intoxicating liquors are sold in connection with a principal business, but only incidental thereto, such principal business shall not be exempt from the license tax imposed herein, provided, further, that, incidental q* .... ~' +~' ..... ~, passages are ,,,.,,..,,.,,,'4'"["*",'4. Underlined passages are added. -9- OR BOOK 0978 PAGF 2465 sales not otherwise excepted in this subsection made by a licensed wholesaler to consumers at wholesale prices, shall not be construed to be retail sales unless such sales exceed five (5) per cent of such wholesaler's total sale. Retail sale or sale at retail means any sale to a consumer or to any person for any purpose other than for resale in the form of tangible personal property; pr6~/ided, that, no sale shall be construed to be a retail sale where goods, wares and merchandise are sold in wholesale quantities at wholesale prices by licensed wholesale dealers under standing orders or through outside salesmen as distinguished from sales of small packages at retail prices or is sold in wholesale quantities and at wholesale prices to any governmental institution, subdivision or agency. PART J. AMENDMENT OF SECTION 1-12-55. TELEPHONE SYSTEMS. Section 1-12-55 (Telephone Systems) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-12-5,54_. Telephone systems. Every person engaged in the business of owning or operating telephone systems in this county for profit shall pay a license tax according to the following: (1) On the first one thousand (1,000) phones or instruments, or fraction of one thousand (1,000), fifteen cents ($0.15) for each phone or instrument operated or installed; (2) On the second one thousand (1,000) or fraction over one thousand (1,000), twelve cents ($0.12) for each phone or instrument operated or installed; and ....,.v,.~* .... ~' +~'.,,,...,u,,~- passages are deleted. Underlined passages are added. OR BOOK , 0978 PAGE 2466 (3) On all over two thousand (2,000), nine cents ($1.09) for each phone or instrument operated or installed. A person who is engaged in the business of providing local exchange telephone service or a pay telephone service in a municipality or in the unincorporated area of the county and who pays the occupational license tax under this section or a pay telephone service provider certified pursuant to Section 364.3375, Florida Statutes. is deemed to have but one place of business or business location in each municipality_ or unincorporated area of the county. Owners or managers of telephone systems operated or having installed less than one hundred (100) phones or instruments shall not be required to pay a license tax. PART K. AMENDING OF SECTION 1-12-56. TRADING, ETC., IN INTANGIBLE PERSONAL PROPERTY Section 1-12-56 (Trading, etc., in intangible personal property) of the St. Lucia County Code of Ordinances and Compiled Laws is hereby amended by amending the section number as follows: Section 1-12-56_5. Trading, etc., in intangible personal property. (a) Every person engaged in the business of trading, bartering, buying, lending or selling intangible personal property, whether as owner, agent, broker or otherwise, shall pay a license tax of the thirty-seven dollars and fifty cents ($37.50) for each place of business. ............. u,, passages are deleted. Underlined passages are added. -:l:~- OR Book~ 0978 PAG' 2467 (b) No license shall be required under this section where the trading, bartering, buying, lending or selling is incidental to and a part of some other business classification on which an occupation license tax is imposed by this article. PART L. AMENDING OF SECTION '1-12-57. TRADING IN TANGIBLE PERSONAL PROPERTY. Section 1-12-57 (Trading, etc., in tangible personal property) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended by amending the section number as follows: Section 1-12-576. Trading, etc., in tangible personal property. (a) Every person engaged in the business of trading, bartering, serving, or selling tangible personal property, as owner, agent, broker or otherwise, shall pay a license tax of fifteen dollars ($15.00) which shall entitle him to maintain one place of business, stationary or movable, and shall pay fifteen dollars ($15.00) for each additional place of business' provided that the license for each bulk plant or depot of wholesale dealers in petroleum products shall be thirty-seven dollars and fifty cents ($37.50). Vehicles used by any personal for the sale and delivery of tangible personal property at wholesale from his established place of business on which a license is paid shall not be construed to be separate places of business, and no license may be levied on such vehicles or the operators thereof as salesmen or otherwise. (b) No license shall be require under this section where the trading, buying, bartering, serving or selling of tangible personal property is a necessary incident of some other business classification for which an occupational license is required by the article Struck thro'--'gh passages are deleted. Underlined passages are added. -~1~- OR BOOK~ 0978 PAGF 2468 and is carried on at the place of business licensed under such other classification, nor shall this section apply to any person engaged in the sale of motor vehicles or principally in the sale at retail of gasoline and other petroleum products. PART M. AMENDMENT OF SECTION 1-12-58. VENDING MACHINES. Section 1-12-58 (Vending machines) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended by amending the section number and adding Subsection 1-12-57(0 to read as follows: Section 1-12-58Z. Vending machines. LO- Replacement of one (1) vending machine with another machine during a licensing year shall not affect the tax assessment for that year. unless the replacement machine belongs to an occupational license tax classification which require~ a higher tax rate. PART N. AMENDMENT OF SECTION 1-'12-59. WATER COMPANIES AND SEWAGE DISPOSAL COMPANIES. Section 1-12-59 (Water companies and sewage disposal companies) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section '1-'12-598. Water companies and sewage disposal companies. (a) Every person engaged in the business of operating water companies or sewage disposal companies shall pay the following license taxes in c!t!~"., a,-,d tc';;,",c municipalities having the following populations according to the latest official decennial census: ~, .... t. ,~, ..... ~' passages are deleted. Underlined passages are added. OR BOOK 0978 PAG'~ 2469 Population Tax 40 30 20 10 5 3 1 000 or more ...................................................................................................... $450.00 000--39,999 ........................................................................................................ 300.00 000--29,999 ........................................................................................................ 150.00 000--19,999 ........................................................................................................ 112.50 ,000---9,999 ......................................................................................................... 75.00 ,000---4,999 ......................................................................................................... 37.50 000---2,999 ......................................................................................................... 22.50 999 or less ........................................................................................................ 15.00 (b) For the purpose of this section, any person furnishing water or sewage disposal for profit shall be construed to be water company or sewage disposal company; provided, that persons having wells or sewage disposal for private use and who may furnish not more than twenty-five (25) neighbors with water or sewage disposal, shall be exempt from the provisions of this section. (c) Municipal corporations which own and operate their own water plants and sewage disposal systems shall not be subject to the above license tax. PART 0. AMENDMENT OF SECTION 1-12-60. FARMERS' MARKETS, FLEA MARKETS, ETC., WHERE INDIVIDUALS SELL FROM STALLS Section 1-12-60 (Farmers' markets, flea markets, etc., where individuals sell from stalls) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-12-6059. Farmers' markets, flea markets, etc., where individuals sell from stalls. Struck through passages are deleted. Underlined passages are added. OR BOOK- 0978 PAGF 2470 ,-,,~,u,~,o...........v v."' "..,... ..... .,,-........,u~*" .,...""'~ ,~,~..... addition to the license required for individuals under section 1-12-57-~. the operator of the business may shall purchase a license according to the following schedule: Fifty dollars ($50.00) plus three dollars ($3.00) per dealer for the maximum of dealers to be operating on the premises at any one time. Maximum license under this section shall be three hundred dollars ($300.00). PART P. AMENDMENT OF SECTION 1-12-61. TRAVELING JUNK DEALERS. Section 1-12-61 (Traveling junk dealers) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-12-6-1-0. Traveling junk dealers. Each person who travels from place to place purchasing junk shall pay a license tax of fifteen dollars ($15.00) and shall, before leaving any ',;" ..... ; ........ +~,,~ + ..... er-eit-y municipality, submit to the chief of police or marsha!! a list of the junk he has purchased together with the names and permanent addresses of the persons from whom purchased. PART Q. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART R. SEVERABILITY AND APPLICABILITY. Str'--'ck thrcugh passages are deleted. Underlined passages are added. OR BOOK- 0978 PAGF 2471 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART S. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART T. EFFECTIVE DATE. This ordinance shall take effect upon adoption of the Board of County Commissioners. PART W. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler AYE Commissioner Havert L. Fenn AYE Commissioner Gary D. Charles, Sr. AYE Commissioner Cliff Barnes AYE Underlined passages are added. -~_6- OR'BOOK. 0 9 7 8 PAGr 2 4 7 2 PART X. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts Q through X shall not be codified. PASSED AND DULY ENACTED this 19th day of September ATTEST: VD'e I~ uty Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORII~.~~'~''' ~- '~'~ Chair~' ~ APPROVED AS TO FORM AND CORRECTNESS: ~bj Attorney ...,....,.~* .... ~' *~'.,,,....~,,~' passages are deleted. Underlined passages are added. ORDINANCE NO 95-06 AN ORDINANCE AMENDING ORDINANCE NUMBER 87-77 OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ENTITLED: "AN ORDINANCE RELATING TO THE COUNTY CAPITAL PROJECTS AND PURPOSES OF ST. LUCIE COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF REVENUE OBLIGATIONS BY THE COUNTY PAYABLE FROM ANY FUNDS OF THE COUNTY DERIVED FROM SOURCES OTHER THAN AD VALOREM TAXATION AND LEGALLY AVAILABLE FOR SUCH PURPOSES TO FINANCE OR REFINANCE SUCH PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE;" TO PROVIDE FOR THE ISSUANCE OF OBLIGATIONS BY THE COUNTY PAYABLE FROM ANY FUNDS OF THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA. SECTION 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to Article VIII, Section 1, Florida Constitution (1968) and Chapter 125, Florida Statutes (1993). SECTION 2. FINDINGS. It is hereby found, determined, and declared by the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") as follows: A. The Board has previously enacted Ordinance Number 87-77 (referred to by title, in the title above) and may be cited as the "Home Rule Ordinance" for bond -1- I Oo I.~. mo financings. B. It is necessary and desirable and in the best interests of the County that certain modifications and amendments be made to the Home Rule Ordinance to provide for the County's obligations to be payable from and secured by a lien upon legally available funds including, but not limited to, ad valorem taxes, special assessments, user fees and other legally available revenues, designated by the County at the time of authorization of such Obligations. C. Notice of intent to consider this ordinance has been published and made available to the public for inspection in the manner provided by law. SECTION 3. AMENDMENTS TO THE HOME RULE ORDINANCE. This Home Rule Ordinance shall be and the same is hereby amended in the following respects: A. The title of the Home Rule Ordinance is amended to read in its entirety as follows: 0 0 0 "AN ORDINANCE RELATING TO THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPMENT OF COUNTY CAPITAL PROJECTS OF ST. LUCIE COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF OBLIGATIONS OF THE COUNTY PAYABLE FROM ANY FUNDS OF THE COUNTY LEGALLY AVAILABLE FOR SUCH PURPOSE AND SECURED BY THE FULL FAITH AND CREDIT OF THE COUNTY OR ANY COMBINATION OF THE FOREGOING TO FINANCE OR REFINANCE SUCH PROJECTS; AND PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY; FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE." B. Paragraph numbered 2 of Section 1 is amended in its entirety by deleting the words "non ad valorem" to read as follows: -2- "2. It is necessary for the public health, safety and general welfare of the County and its citizens that provisions be made (a) for the acquisition, construction, improvement and equipment from time to time of capital projects which serve a county purpose and (b) for the financing of the cost of such projects by the pledging of certain funds, hereinafter described, and if deemed necessary or desirable by the County, the full faith and credit of the County, as designated by the County at the time of authorization of such Obligations; provided, that Obligations secured by ad valorem taxes may only be issued in the manner and subject to the limitations provided in the Constitution of Florida (1968). C. Section 5 of the Home Rule Ordinance, titled "SECURITY", is amended in its entirety to read as follows: "Section 5. SECURITY. The principal of and interest on the Obligations issued under the authority of this ordinance shall be payable from and secured by a lien upon and pledge of any funds of the County legally available for such purpose including, but not limited to, ad valorem taxes, special assessments, user fees and other legally available revenues, designated by the County at the time of authorization of such Obligations (collectively, the 'Pledged Funds'), and if deemed 0 0 0 -3- necessary or desirable by the County, the full faith and credit of the County, as designated by the County at the time of authorization of such Obligations; provided, that Obligations secured by ad valorem taxes may only be issued in the manner and subject to the limitations provided in the Constitution of Florida (1968). D. Section 7 of the Home Rule Ordinance, titled "NO IMPAIRMENT", is amended in its entirety to read as follows: "Section 7. NO IMPAIRMENT. The County does hereby covenant with the owners from time to time of Obligations issued pursuant to this ordinance that it will not enact any ordinance which will impair (a) the rights of such owners under the resolution which authorized such Obligations, or (b) the pledge of the Pledged Funds to the payment of principal of, premium, if any, and interest on Obligations issued under the authority of this ordinance including the use of the uniform method if the County deems it necessary or desirable." F. Section 10 is amended by deleting reference to "Non-Ad Valorem" and in place and stead thereof the word "Pledged". SECTION 4. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the office of the Secretary of State of the State of Florida O 0 0 0 -4- within 10 days after enactment, and this ordinance shall take effect upon receipt of official acknowledgement from the Secretary of State that this ordinance has been filed with such office. SECTION 5. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. DULY PASSED AND ENACTED THIS 7th DAY OF March, 1995. STATE OF FLORIDA ST. LUCiE COUN'iY THIS IS TO CE '. ;:~ THAT T.HIS IS A TRUE AND ¢..~. COPY OF THE ORIGINAL JoANN, E-'H~LMA N, CL:RK Deputy, Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: (~~ ~.~.jm~r,~ ~,,l~airm~n APPROVED AS TO FORM AND CORREC-q'NESS: ~ Count~, Atto'ri e~ ~0 0 -5- JoAnne Holman, Clerk nf the Circuit Court - St. ~ucie County ~,File'~Number: 139 487 OR BOOK 095( PAGE 2625 Recorded: 04-14-95 11:27 A.M. ORDINANCE NO. 95-09 AN ORDINANCE AMENDING SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCE S OF S T. LUC IE COUNTY, FLORIDA, BY PROHIBITING PARKING ON INDRIO ROAD (BOTH SIDES) FROM THE PROJECTED CENTERLINE OF INDIAN PINES VILLAGE ENTRANCE FIVE HUNDRED (500) FEET EAST AND FIVE HUNDRED (500) FEET WEST FOR A TOTAL DISTANCE OF ONE THOUSAND (1,000) FEET; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR COD I FICAT ION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1) (m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. After conducting a traffic safety study on Indrio Road, the Traffic Operations Section of the Road and Bridge Division of the Public Works Department has recommended that parking be prohibited on Indrio Road (Both Sides) from the projected centerline of Indian Pines Village Entrance five hundred (500) feet East and five hundred 500) feet West; for a total distance of one thousand (1,000) feet. 3. The Engineermng Division of the Public Works Department has approved the recommendation and the St' Lucie County Sheriff's Department has concurred with the recommendation. 4. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to prohibit ............. s-~ passages are deleted. Underlined passages are added. --1-- ~ OR ~OOK 0 9 5 0 .AGE 2 6 ~- 6 parking on Indrio Road (Both Sides) from the projected centerline of Indian Pines Village Entrance five hundred (500) feet East and five hundred (500) feet West; for a total distance of one thousand (1,000) feet. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-17 Parking restricted on certain streets. (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," within three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road," within three hundred (300) feet on either side of the entrance to Westwood High School. "Arnold Road," the entire length of the right-of-way, from South 35th Street West to South 39th Street. "Atlantic Beach Boulevard," the entire length of the right-of-way, from Shorewinds Drive to its end, North Jetty. ............. ~ passages are deleted. added. --2-- Underlined passages are OR BOOK 09 5 ~ PAGE 2 6 2 7 "Avenue D," within three hundred (300) intersection with Angle Road. feet of its "Avenue Q," within two hundred intersection with Angle Road. (200) feet of its "Beach Avenue," (East side), within one hundred (100) feet of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred (100) feet South of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred fifty (150) feet North of its intersection with Shady Lane. "Bell Avenue," (South side), from the intersection of Oleander Avenue Westerly approximately seven hundred (700) feet. "Chamberlin Blvd.," (North side), from one hundred forty (140) feet East of its intersection with U. S. Highway #1 (S.R. 5) for a distance of three hundred (300) feet to a point four hundred forty (440) feet East of its intersection with U. S. Highway #1 (S. R. 5). "Darter Court," (Both sides), from its intersection with 0keechobee Road to the East end. "Edwards Road," from Will Fee Road West to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way, from West 1st Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Everglades Blvd.," (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714') feet. "Flamingo Boulevard," the entire length of the right-of- way. "Glades Cut-Off Road," five hundred (500) feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. ............. ~ passages are deleted. added. --3-- Underlined passages are · OR BOOK 0950 PAGE "Glades Cut-Off Road," within three hundred fifty (350) feet in all directions of its intersection with Midway Road. "Indrio Road," (Both sides), from the projected center- line of Indian Pines Village Entrance five hundred (500) feet East and five hundred (500 feet West; for a total distance of one thousand (1,000 feet. "Jenkins Road," within five hundred 500) feet of its intersection with Orange Avenue (SR 68). "Midway Road," (South side) within three hundred (300) feet of its intersection with 25th Street. "Midway Road," within three hundred fifty (350) feet in all directions of its intersection with Glades Cut-Off Road. "Moorings Lane," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "North Ocean Drive," the entire length of the right-of- way, from Sea Oats Drive to Shorewinds Drive. "Oak Drive," the entire length of the right-of-way. "Oleander Avenue," from the entrance to the State Farmers Market, Southerly approximately five hundred (500) feet. "Oleander Avenue," (East side), from West 1st Street to just South of the White School property, Monday through Friday, between the hours of 7:0 a.m. and 4:00 p.m. only. "Peters Road," (Both sides), from its intersection of State Road 70 (Okeechobee Road) for the entire length to the end of the existing pavement. "Sea Oats Drive," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "Shady Lane," within one hundred (100) intersection with Beach Avenue. feet of its "Shorewinds Drive," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "South 33rd Street," (West side), the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. ...... ~ passages added. are deleted. Underlined passages are --4-- OR BOOK O950 PAGE 2 629 (c) "South 35th Street," (West side), for a distance of one hundred sixty-five (165') feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170') feet South of the Centerline of Arnold Road. "South 36th Street," the entire length of the right-of- way, from Virginia Avenue South to Arnold Road. "Tamarind Drive," the entire length of the right-of-way, from Shorewinds Drive to Flamingo Boulevard. "Tumblin Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "Weatherbee Road," (Both sides), from its intersection of U. S. Highway #1 East to its intersection with Pressler Lane. "West 2nd Street, (North side), from Elm Avenue East to Oleander Boulevard, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," entire length of right-of-way, from Elm Avenue West to Cypress Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "Windham Lane," the entire length of the right-of-way, from Atlantic Beach Boulevard to Oak Drive. "50th Street," within two hundred (200 intersection with Angle Road. feet of its The road superintendent of the county zs directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. (d) Penalties for violation of this section shall be in accordance with State law. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and ...... ~ passages added. are deleted. --5-- Underlined passages are OR BOOK 0950 PAGE 2630 County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler AYE ............. ~ passages are deleted. Underlined passages are added. --6-- · 0R BOOK O950 ~ ~GE 2 6 3 I Commissioner Cliff Barnes AYE Commissioner Havert L. Fenn AYE Commissioner Gary D. Charles, Sr. AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 28th day of March, 1995. ATTEST: DE P~TY CLERK BOARD OF COUNTY C0594ISSIONERS ST. LUCIE COUNTY, F~l~-Irl~ BY: ............. ~ passages are deleted. added. --7-- Underlined passages are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43- 45 ROAD IMPACT FEE ADJUSTMENTS ORDINANCE NO. 95-012 AN ORDINANCE AMENDING ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES), OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS, BY AMENDING SECTION 1-17-25 TO ADD ADDITIONAL PROVISIONS RELATING TO THE COUNTY'S AUTHORITY TO ADOPT ROAD IMPACT FEES FOR COUNTY ROADS AND TO PROVIDE THATTHE ORDINANCE SHALL APPLY TO ALLAREAS OF ST. LUCIE COUNTY EVEN IN THE ABSENCE OF INTERLOCAL AGREEMENTS WITH THE MUNICIPALITIES; BY AMENDING SECTION 1-17-29 COMPUTATION OF THE AMOUNT OF ROADS IMPACT FEE, BY PROVIDING FOR REVISIONS TO THE AMOUNT OF ROADS IMPACT FEES TO BE ASSESSED BASED UPON CHANGES TO THE GASOLINE TAX ALLOWANCES, REVISIONS TO THE COST OF ROADWAY CONSTRUCTION, RIGHT-OF-WAY ACQUISITION, DESIGN AND PROJECT ADMINISTRATION AND THE CONSOLIDATION OF THE 12 ROAD IMPACT FEE BENEFIT ZONES INTO SEVEN BENEFIT ZONES (FIGURE I); BY AMENDING SECTION 1-17-30, PAYMENT OF FEE, BY FURTHER EXPANDING THE DESCRIPTION OF PAYMENT OPTIONS; BY AMENDING SECTION 1-17-31, USE OF FUNDS AND ROAD BENEFIT ZONES, BY AMENDING FIGURE I TO REFLECT THE CONSOLIDATION OF ROAD IMPACT FEE BENEFIT ZONES; BY AMENDING SECTION 1-17-33.1(a) AND (b), CREDITS, BY FURTHER AMENDING SECTION 1-17-33.1(C) (2), SITE RELATED TRANSPORTATION IMPROVEMENTS, BY FURTHER AMENDING SECTION 1-17-33.1(C) (6), CREDITS, RIGHT-OF-WAY DEDICATIONS; BY AMENDING SECTION 1-17-34(G), DEFINITIONS, BY DELETING THIS PARAGRAPH ANDRENUMBERING ALL REMAINING PARAGRAPHS; BY AMENDING SECTION 1-17-39, REVIEW, BY ADDING CRITERIA GOVERNING THE ANNUAL ADJUSTMENT OF THESE ROAD IMPACT FEES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTIONAND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On November 12, 1985, the Board of County Commissioners · ~.o om~ I Underline is for addition Strike Thrcu~h is for deletion Ordinance #95-012c Page 1 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44~ 454 46 ROAD IMPACT F~.w. ADJUSTMENTS o o ° ° of St° Lucie County, Florida, adopted Ordinance 85-10, imposing a road impact fee in St. Lucie County. On November 13, 1989, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 89-66, amending the road impact fee schedule to reflect revisions to the cost of road construction and right-of- way acquisition. On February 16, 1993, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 93-002, amending the County's Impact Fee Regulations, but not altering the Impact Fee schedules. There is a recognized need to review and revise annually the costs used to determine the amount of road impact fee to be assessed against new development in order to reflect changes in cost of construction, right-of-way acquisition and project design for the necessary transportation improvement projects to meet the growth needs of the County. On May 18, 1995, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing two notices in The Port St. Lucie News and the Ft. Pierce Tribune at least fifteen (15) days prior to the hearing and recommended that the proposed text amendments to the ordinance be adopted as drafted but that no action be taken on the proposed fee schedules until the Board has fully reviewed the impacts of any proposed changes in the local gas tax and alternative sources of transportation funding had been reviewed. On June 6, 1995, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and Port St. Lucie News on May 16, 1995, May 26, 1995 and May 31, 1995. On June 15, 1995, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a special public hearing on the proposed fee schedules contained in the ordinance after providing public notice of the meeting and recommended that any adjustment in roads impact fees be phased in over a three (3) year period and that the per lane mile construction cost be reduced by 0 Ordinance #95-012c Final Underline is for addition ~ is for deletion Page 2 PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42- 434 44 ROAD IMPACT FEE ADJUSTMENTS o 10. 40%. On June 20, 1995, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the May 31, 1995 and June 12, 1995, and continued the public hearing until June 27, 1995. On June 27, 1995, this board reconvened the Public hearing of June 20, 1995 and accepted additional public comment and testimony on Draft Ordinance 95-012. The proposed amendments to Article III, Road Impact Fees are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Article III, Chapter 1-17-25 through 1-17-39, of the St. County Code and Compiled Law is amended to read as follows: Lucie ARTICLE III. ROAD IMPACT FEE Sec. 1-17-25. Short t~de, authority nnd applicability. (a) This article shall be known and may be cited as the "Roads Impact Fee Ordinance.', (b) The board of county commissioners of St. Lucie County has the authority to adopt this article pursuant to Article VIII of the Constitution of the State of Florida and Chapter 125 and Section 163.3201 of the Florida Statutes. O O O 0 0 Underline is for addition o~_~,.A ~ ..... ~ is for deletion Ordinance #95-012c Page 3 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 '.39 40 41 42 43 45 ~6 ROAD IMPACT FEE ADJUSTMENTS (C) Chapters 125, 334, 335, 336 and Section 380.06(15), Florida Statutes provides that counties have the exclusive responsibility for planning, building and maintaining county roads (d) The Fifth District Court of Appeals in the cases of City of Ormond Beach v. County of Voulsia, 535 So. 2nd 302 (5th DCA 1988) and Seminole County v. City of Casselberry, 541 So. 2nd 666 (5th DCA) has determined that municipal ordinances that were adopted in an attempt to opt out of a coun~road impact fee to pay for county roads were not valid. .(e) This article shall apply to all areas of St. lucie County, even in the absence of interlocal agreements with the affected municipalities. Sec. 1-17-26. Intents and purposes. (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 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. Sec. 1-17-27. Rules of construction. (a) The provisions of this article shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare. 0 Underline is for addition o~_~,._ ~_~,,.~ is for deletion Ordinance #95-012c Page 4 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ROAD IMPACT FEE ADJUSTMENTS (b) For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article: In case of any difference of meaning or implication between the text of this article and any caption, illustration, summary table, or illustrative table, the text shall control. The word "shall" is always mandatory discretionary; the word "may" is permissive. and not 3 Words used in the present tense shall include the future; 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 corporation, 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 connected by the conjunction "and," "or" or "either...or," the conjunction shall be interpreted as follows: "And" indicates that all the connected terms, conditions, provisions or events shall apply. bo "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. C · "Either ...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. Underline is for addition ~ is for deletion Ordinance #95-012c Page 5 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ROAD IMPACT FEE ADJUSTMENTS 10 A road riGht-of-way used to define road benefit zone boundaries may be considered within any zone it bounds. "County administrator,, means the county administrator and/or his or her designee. Unless the context clearly indicates to the contrary, all land use terminology in this article shall have the same meaninG as it has in the St. Lucie County Land Development Code. 1-17-28. Imposition of roads impact fee. (a) Any person who, after the effective date of this article, seeks to develop land 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 recreational 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. Sec. 1-17-29. Computation of the mount 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 fiftaan (15) zero {0) per cent discount tc Underline is for addition ~ is for deletion Ordinance #95-012c Pa~e 6 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52-. 54 55 ROAD IMPACT FEE ADJUSTMENTS Rcsidcntial~ Single Tamily Mcbi!c kc.mc (unit) and c';cr ,"-'-.~it) Officc and Financial: I~-~ l,nnn s~arc feet) Mcdical officc Financial Otkcr s__icc Industrial: ;';hclasale Contra! industrial :';at ur si--oft u 327 $ 52~ 2~ 97 82 ~ D7 9 1E 3 ~1 26 D 7 Underline is for addition Strike Through is for deletion Ordinance #95-012c Page 7 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52-- 53-% 54 55 ROAD IMPACT FEE ADJUSTMENTS P. ctail 2,287 1,d37 1,221 1,275 ' 1,271 1,090 Underline is for addition Strikc Through is for deletion Ordinance #95-012c Page 8 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 i1 12 i3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52'- 534 54 55 ROAD IMPACT FEE ADJUSTMENTS Family {,,_nit} ......... :mc ('-'--nit) ..... I=/ .... dy,~ :tcrieu :nd c-rat ('~it) Credit Conc ~. .... cc an- Financial~ fcct) fee Ccncral Induutrial . ct_-.! s CC'-'rtD 1,113 1,113 2~9 i, Og8 97 $ 217 97 ~17 97 217 97 ~17 97 217 7¢2 3C3 $2,~2! 9,219 $ ~57 3~ 71 13 52 Underline is for addition Strike Thrcu~h is for deletion Ordinance ~95-012c Page 9 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53' 54~% 55 ROAD IMPACT PEE AIkTUSTMENTS S~9 2,~{ 2,929 ~59 2,~14 2,221 ~25 1,922 1,634 ~8~ !,917 I,~29 Underline is for addition ~'-=~- ~ ..... u is for deletion Ordinance %95-012c Page 10 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ROAD IMPACT FEE ADJUSTMENTS 197 !,~12 Medical office $ v_.~° ~~,5_v*~ "~ $ --.n~ ~_*~,127 $1,907 Financial ~n In-+a_-trial: ~A~ I,n~ :~-~arc foot) Ccncral induutrial 36 1(3 3C 143 ~_cw. in-~ = alley ;qatar :porto 11 47 ~ 3. 14 1 ............ CCZ ,z~ ...... ~ :m--'- arc fcc Cchcclu and day care ~r ...... s~a=rc fo0 1u O O ............ ~nd~rl~ne--is for addition ~ is for deletion Ordinance #95-012c Final Page 11 PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 55 ROAD IMPACT FEE ADJUSTME/~TS 2,722 3,077 2,23~ 1,932 2,292 1,71~ 1,711 -~ ~ ..... ,DE1 271 229 2,971 !,~7~ I~8 I,~19 1,221 I~E !,~5 1,22~ Underline is for addition _tri.:~ Tkrcu~h is for deletion Ordinance #95-012c Page 12 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53' RO~ I~A~ ~EADJUSTMENTS Credit Conct. Rcuidantial: ::ul t i f---mily/conic, 2 and cvcr (unit) Other rc:idcntia! 1,277 Pinancial Other offioo 151 32 9~ 7D ~9 150 32 2~ 7D 71 131 ~5 75 S3 P. ccrcaticna!: Cclf ccursc .cr2.i: ccurtu 32 30 O -n.~i ~0 8 34 30 $ 34 -nO o _n.~ .no In:tituticnal~ 7 1~ 3 3 3 0 7 1 1 Underline is for addition Strike Thrcu3h is for deletion Ordinance #95-012c Page 13 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53' 55 ROAD IMPACT FEE ADJUSTS 0 Underline is for addition Strik= T.krcu~h is for deletion Ordinance #95-012c Page 14 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 5 55 ROAD IMPACT FEE ADJUSTMENTS Rcsidcntial~ Crcdit £in~ic Family (unit) Mcbilc hc..~c (unit) · ~:'--'itifamily/ccndc, 2 an~ c-;ct ('-'--nit) 713 Office and Financial: Financial .... cr office Central industrial Skatin~ ri~k ~-cL'_in-* = alley Cclf c--ur-no '--- = _u~cn. ) ' ............. fcct) 124 4EO 100 271 ii~ 117 117 117 11 97 02 11 97 82 11 97 ~2 11 97 82 $ 255 $ 3 11 0 Underline is for addition ~-~u-~ ..... ~ is for deletion Ordinance #95-012c Page 15 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53h 54~% 55 ROAD IMPACT FEE ADJUSTMENTS 1,922 !,592 !,dO9 31g ~' 2,nc~ 257 2,1S7 1,84~ 195 !,{~ 1,397 191 l,CIE 1,373 i~3 1,29S 1,027 I~2 1,205 !,02~ Underline is for addition "~-~'--~ ..... ~ is for deletion Ordinance #95-012c Page 16 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 55 ROAD IMPACT FEE ADJUSTMENTS Single Family (unit) ......... c.--..c (unit) .............. ,' recto) 3S2 2,2~=~. ~cdica! cffi~o Financial Othcr office Ccnara! industrial 1~4 1,114 I00 ~.:a.in-"~ ~ = rink ~-$~.in-~ = alley Water spcrts (~cr :tudant) . ra.crr, a. cr~anizatio_ fact) 227 11~ 2,321 I, 972 ~"~ ~ ~ ~ 77~ 915 !f,570 !!,09$ E1 !, 0il 13 $ 2C7 13 297 12 13 2~7 22¢ lO 93 ~ 87 73 3 28 1 26 2-'2 Underline is for addition ~ is for deletion Ordinance ~95-012c Page 17 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46~ 47~45 48 ROAD IMPACT FEE ADJUSTMENTS Rct---il 518 379 3,d!2 ~o~ "~ ~,87~ 177 3,0~2 2,020 ~10 ¢,~73 3,C32 I17 3,!9~ 2,71~ Underline is for addition "'-~u- ~ ..... u is for deletion Ordinance #95-012c Page 18 Final PRINT DATE: 6/27/95 1 2 4 5 6 7 8 9 17 2O 21 22 23 24 25 26 27 28 2~ 3O 33. ROAD IMPACT FEE ADJUSTMENT. SINGLE FAMILY PER UNIT 9.20 1447 MOBILE HOME/RV (MHP/RV Park Only) PER UNIT 4.80 719 MULTI-FAMILY I & 2 FIr~ PER UNIT 8.70 1049 MULTI-FAMILY 3+ FIr~ PER UNIT 3.80 546 HOTEL/MOTEt PER ROOM 10.19 917 BED & BREAKFAST RESIDENCE (t)oFJ K)T ~ 'm~ m~, ~ ~ F~* ~ ~ PER ROOM 2.00 165 AIl OTHER RESIDENTIAL PER UNIT 8.70 1046 OFFICE & FINANCIAL MEDICAL OFFICE PER 1000 FT: 54.60 2632 FINANCIAL OFFICE PER 1000 FT2 202.50 2925 OTHER OFFICE <25,000 PER 1000 FT2 22.16 1072 OTHER OFFICE 25-50,000 PER 1000 FT2 16.68 804 OTHER OFFICE >50,000 PER 1000 FT' 14.03 673 RETAIL TRADE UNDER 50,000 F'T= PER 1000 FT' 62.00 2028 50,000 -499,996 FT= PER 1000 FT' 80.71 1792 500,000 - 969,969 FT~ PER 1000 FT~ 32.09 1415 + 1,000,000 FT2 PER 1000 FT' 29.62 1301 GASOLINE SERVICES SERVICE STATION PER PUMP STAT I IB0.96 I 796 INDUSTRIAL WAREHOUSE PER 1000 FTz 4.88 438 TRUCK TERMINALS PER 1000 IT' 9.85 766 GENERAL INDUSTRIAL PER 1000 FT' 4.11 365 0 0 0 Underline is for addition ~-~"- '~ ..... ~ is for deletion Ordinance #95-012c Page 19 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3 ,ROAD I~A~ ~EADJTJSTMENTt SCHOOL - ELEM. PER 1000 FT= 10.72 1208 SCHOOL - MIDDLE/HIGH PER 1000 FT' 10.80 122g DAY CARE CEHTERS PER 1000 FT~ 78,82 1575 FRATERNAL ORGANIZATIONS PER 1000 FT= .31 20 HOSPITAL PER BED tl.77 11t2 NURSING HOME PER BED 2.80 244 UBRARY PER 1000 FT' 4~.~0 3006 PARK (CITY/COUNTY/STATE) PER ACRE 1.81 t27 RECREATION FACILITY . ALL TYPES PER 1000 FT~ 3.10 201 GOLF COURSE PER HOLE 37.5g 3726 Underline is for addition ~_~u_ ~ ..... ~ is for deletion Ordinance #95-012c Page 20 Final PRINT DATE: 6/27/95 .ROAD IMPACT FEE ADJUSTMENTt 1 2 3 4 5 6 7 8 9 13 3.'7 2O 2'l 22 23 2~ 26 27 28 2~ 3O 31 32 33 SINGLE FAMILY PER UNIT 7.E0 1~67 MOBILE HOME/RV (MHP/RV P-rk Only) PER UNIT 4.60 1204 MULTI.FAMILY t & 2 Firs PER UNIT 6.70 1756 MULTI-FAMILY 3+ Firs PER UNIT 3.60 917 HOTEL/MOTEL PER ROOM 10.19 1525 BED & BREAKFAST RESIDENCE ~ .o,t .4curet 'ne ~ .=,mew~...m~ ~,~m.Y u~ .~ PER ROOM 2.O0 295 ALL OTHER RESIDENTIAL PER UNIT 6.70 t756 OFFICE & FINANCIAL MEDICAL OFFICE PER 1000 FT= 64.60 1062 FINAHCIAL OFFICE PER 1000 FT' 202.50 1152 OTHER OFFICE <25,000 PER 1000 FT' 22.16 432 OTHER OFFICE 25,,~0,000 PER 1000 FT= 18.58 325 OTHER OFFICE >~0,000 PER 1000 FT~ 14.03 265 RETAIL TRADE UNDER 50,000 FT~ PER 1000 FT= 129.33 893 50,000 - 499,999 FT; PER 1000 FT' 50.71 753 500,000 - 999,999 F'~ PER 1000 FT~ 32.09 624 + 1,000,000 FT~ PER 1000 FT= 29.62 575 GASOUNE SERVICES SERVICE STATION PER PUMP STAT I 180.55 I 345 INDUSTRJAL WAREHOUSE PER IO00 FT' 4.98 162 TRUCK TERMINAL PER 1000 FT~ 9.85 259 GENERAL INDUSTRIAL PER 1000 FT~ 4.1t 139 0 Underline is for addition _tri.:c" ' T..rcu-..u =~ is for deletion Ordinance #95-012c Page 21 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ,ROAD IMPACT FEE ADJUSTMENTS INS11TUTIONAL SCHOOL - El. EM. PER 100~ FT' 10.72 525 SCHOOL - MIDDLE/HIGH PER 1000 FT' 10.90 540 DAY CARE CENTERS PER 1000 FT' 79.62 695 FRATERHAL ORGANIZATIONS PER 1000 FT: .31 14 HOSPITAL PER BED 11.77 483 NURSING HOME PER BED 2.80 109 UBRARY PER 1000 FT' 45.60 1324 RECREATIONAL PARK (CITY/COUNTY/STATE) PER ACRE 1,91 53 RECREATION FACIUTY -ALL TYPES PER 1000 FT' 3.10 90 GOLF COURSE PER HOLE 37.59 1643 0 0 * 0 Underline is for addition o~_~u_ .~ ..... ~ is for deletion Ordinance #95-012c Page 22 Final PRINT DATE: 6/27/95 ,ROAD IMPACT FEE ADJUSTMENT~ 1 2 4 5 6 7 8 9 2[5 16 ~7 18 2O 23_ 22 2~ 2~ 26 27 2~ 3O 32 33 35 SINGLE FAMILY PER UNIT 7.50 128t MOBILE HOMEJRV (MHP/RV P~,rk Only) PER UNIT 4.60 778 MULTI-FAMILY I & 2 Firs PER UNIT 6.70 1128 MULTI-FAMILY 3+ FIll PER UNIT 3.50 585 NOT~UMOT~L PER ROOM 10.19 980 BED & BREAKFAST RESIDENCE PER ROOM 2.00 189 AIL OTHER REBIDEHTIAL PER UNIT 8.70 1129 OFFICE & FINANCIAL MEDICAL OFFICE PER 1000 FT= 54.60 3~4 FINANCIAL. OFFICE PER t000 FT= 202.50 444 OTHER OFFICE <25,000 PER 1000 FT' 22.18 163 OTHER OFFICE 25..50,000 PER 1000 FT' 18.58 124 OTHER OFFICE >50,000 PER 1000 FT~ 14.03 gg UNDER 50,000 FT~ PER 1000 FT: 82.00 335 ~0,000. 499,999 FT~ PER 1000 FT' 50.7t 285 500,000. 999,999 FT' PER 1000 FT: 32.09 234 + 1,000,000 FT' PER 1000 FT' 29.82 217 GASOUNE SERVICES SERVICE STATION PER PUMP STAT I 180.5~ I 1~$ INDUSTR~L WAREHOUSE PER 1000 FTz 4.88 82 TRUCK TERMINAL. PER t000 FT: g.85 109 GENERAL INDUSTRIAL PER 1000 FTz 4.11 49 Underline is for addition Strike Thrcu]h is for deletion Ordinance %95-012c Page 23 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35' 36~ 37 ROAD IMPACT FEE ADJUSTMENTS SCHOOL - El. EM. PER 1000 FT~ 10.72 107 SCHOOL - MIDDLE/HIGH PER 1000 FT' 10.90 201 DAY CARE CENTERS PER 1000 FT: 79.62 258 FRATERHAL ORGANIZATIONS PER 1000 FT' .31 4 HOSPITAL PER BED 11.77 184 NURSING HOME PER BED 2.00 39 LIBRARY PER 1000 FT" 45.60 497 RECREATIONAL PARK (cI'rYICOUNTYISTATE) PER ACRE 'h~'t 23 RECREATION FACIUTY - ALL TYPES PER 1000 FT' 3.10 31 GOLF COURSE PER HOLE 37.59 617 O O 0 Underline is for addition ~-~'- ~ ..... ~ is for deletion Ordinance %95-012c Page 24 Final PRINT DATE: 6/27/95 1 2 3 4 5 9 10 11 12 13 14 '18 2O 21 22 23 2~ 26 2'7 2~ 3O 3]. 32 33 34 ROG I~A~ ~EAD~'USTt4~NT$ SINGLE FAMILY PER UNIT 7.50 2t80 MOBILE HOME/RV (MHP/RV P.,rk Only) PER UNIT 4.80 1334 MULTI-FAMILY I & 2 Firs PER UNIT 8.70 1945 MULTI.FAMILY 3+ FIr~ PER UNIT 3.50 1018 HOTEL/MOTEL PER ROOM 10.19 1163 BED & BREAKFAST RESIDENCE Egou NOT,~.UmE 'n~ PER ROOM 2.00 227 ALL OTHER RESIDENTIAL PER UNIT 6.70 1945 OFF1CE & FINANCIAL MEDICAL OFFICE PER 1000 FT~ 54.60 930 FINANCIAL OFFICE PER 1000 FT' 202.60 t030 OTHER OFFICE <25,000 PER 1000 FT' 22.16 379 OTHER OFFICE 25-50,000 PER 1000 FT' 18.58 282 OTHER OFFICE >50,000 PER 1000 FT~ 14.03 241 RETAIL TRADE UNDER 50,000 FT~ PER 1000 FT~ 92.00 777 50,000 -499,999 FT~ PER 1000 FT~ 50.71 889 500,000 - 990,999 FT~ PER 1000 FT~ $2.00 545 + 1,000,000 FT= PER 1000 FT' 29.62 503 GASOLINE SERVICES SERVICE STATION PER PUMP STAT I 180.55 I 305 O O 0 Underline is for addition Strike~...rcu-..=u is for deletion Ordinance #95-012c Page 25 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32' 33~'~ 3~ ROAD IMPACT FEE ADJU~$ WAREHOUSE PER 1000 FT' 4.88 135 TRUCK TERMINAL PER t000 FT' 9.86 252 GENENAL INDUSTRIAL PER 1000 Fl" 4.11 121 SCHOOL - EL.EM. PER 1000 Fl" 10.72 459 SCHOOL - MIDDLE/HIGH PER t000 F'~ 10.80 478 OAY CARE CENTERS PER 1000 FT' 78.62 803 FRATERNAL ORGANIZATIONS PER 1000 FT2 .31 4 HOSPITAL PER BED 't1.77 424 NURSING HOME PER BED 2.80 87 LIBRARY PER 1000 FT= 45.50 1154 PARK (CITY/COUNTY/STATE) PER ACRE 1.91 47 RECREATION FACILITY - ALL TYPES PER 1000 FT' 3.10 77 GOLF COURSE PER HOLE 37.59 1429 O 0 0 Underline is for addition "~-~"- ~ ..... ~ is for deletion Ordinance #95-012c Page 26 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 4 ' 46 ROAD IMPACT FEE ADJUSTMENTS 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: using traffic generation statistics contained in 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 o 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 o 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 o applying the formula set forth in section 1-17-19(c) hereof, and 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 O 0 0 0 ,4 Underline is for addition ~-~'-- ~ ..... ~ is for deletion Ordinance %95-012c Page 27 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 ~7 48 ROAD IMPACT FEE ADJUSTMENTS 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 % New Trips New land miles = Attributable travel/Lane capacity Construction cost = New land miles x Construction cost per lane 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 - Credits Impact fee = Net cost - Discount Sec. 1-17-30. Payment of fee. (a) The feepayer shall pay the fee in cash 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. (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 0 Underline is for addition Strike~_..rcu-..=~ is for deletion Ordinance %95-012c Page 28 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43. 444 45 46 ROAD IMPACT FEE ADJUSTMENTS 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. Sec. 1-17-31. Use of funds and road benefit zones. (a) Ail funds collected from road impact fees shall be used solely for the purpose of capital improvements to transportation facilities associated with the arterial and collector road network as identified in the County's Comprehensive Plan or the Metropolitan Planning Organization Roads Impact Fee Eligibility Networks under the jurisdiction of St. Lucie County, City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or the State of Florida, and not for maintenance or operation. Such improvements shall be of the type as are made necessary by the new development. (b) Except as provided in paragraph (d) of this section, all funds shall be used exclusively for capital improvements within the road benefit zone from which the funds were collected or for projects in other 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 Underline is for addition ~._~u~ ~ ..... ~ is for deletion Ordinance #95-012c Page 29 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44'% ROAD IMPACT FEE ADJUSTMENTS collected. For purposes of this article, the road benefit zones shall be as depicted in Figure I. (c) Each January the county administrator shall present to the board of county commissioners a proposed capital improvement program for roads, 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. (d) The county shall be entitled to retain three (3) percent of all impact fee funds it collects to offset the costs of administering and enforcing this article. Sec. 1-17-32. Refund of fees paid. (a) If a building permit or electrical permit for a recreational vehicle park or mobile home park expires, then the feepayer shall be entitled to a refund of the impact fee paid as a condition for its issuance except that the county shall retain six (6) per cent of the fee to offset the costs of collection and refund. (b) Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the roads impact fee was paid shall, upon application of the feepayer, be returned to him with interest at the rate of six (6) per cent per annum. Sec. 1-17-33. Exemptions. (a) The following shall be exempted wholly or in part from payment of the roads impact fee: Alterations or expansion of an existing building where no additional units are created, the use is not changed, and where no additional vehicular trips will be produced over and above that produced by the existing use. 0 0 Underline is for addition Strike Through is for deletion Ordinance ~95-012c Page 30 Final PRINT DATE: 6/27/95 I 1 0 0 0 ~) Z 0 0 0 Z Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44' 46 ROAD IMPACT FEE ADJUSTMENTS o o The construction of accessory building or structures which will not produce additional vehicular trips over and above that produced by the principal building or use of the land. The replacement of a destroyed or partially destroyed building or structure in existence on or after February 1, 1986, with a new building or structure (a) of the same or a different use provided that no additional trips will be produced over and above those produced by the original use of the land or (b) of the same or a different use producing additional trips but only for the original trips generated. In those cases where a building permit or electrical permit for a recreational vehicle park or mobile home park was issued prior to February 1, 1986, but where the permit has since expired and more than fifty (50) per cent of the building construction was completed based on the last inspection. Any claim of exemption must be made no later than the time of application for a building permit or electrical permit for a mobile home. Any claim not so made shall be deemed waived. Sec.. 1-17-33.1. (a) Scope. Any person who shall commence any traffic impact generating land development activity may apply for a credit against the required roads impact fee for any contribution, construction, or dedication of land accepted and received by St. Lucie County, the appropriate local municipality, state or federal agency for transportation facilities that are creditable pursuant to this section. Consistent with the standards of this section, ~n application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations or section 380.06, Florida Statutes, or any additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of 0 0 0 Underline is for addition _~trik_- TkrcuNh is for deletion Ordinance #95-012c Page 33 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44. 45~% 46 ROAD IMPACT FEE ADJUSTMENTS regional impact to the extent the contribution, payment, construction or dedication meets the same needs as the roads impact fee. (b) General standards. Any person desiring a road impact fee credit, who proposes to make any contribution, construction or dedication of a transportation facility along any roadway that is identified in the County's Comprehensive Plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Network, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eligible for a road impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a road impact fee credit, the final amount of the credit shall be determined upon the submission of a request for road impact free credit and the entering into of a formal road impact fee credit agreement. Prior to the issuance of any credits against the roade impact fee, the person who made the contribution, construction or dedication of transportation facilities shall enter into an impact fee credit agreement with the board of county commissioners~ ~...~ .......... -=-...~--+. ~^...~ impa~t fee. The following provisions are the general rules for the award of credit, supplemented as provided in this section and implemented by the administrative procedures. Credits applied against the Roads Impact Fee for contributions, construction or dedications shall not be transferable as a credit against other impact fees imposed for purposes other than roads. o If allowed by the credit agreement, credits may be assigned to successors in interest provided the county receives a recorded copy of the written agreement signed by both the assignor and the assignee. o No credit shall exceed the amount due for the roads impact fee. No credit shall be given for dedications and transportation improvements dedicated or constructed before February 1, 1985. Any claim for credit for those Underline is for addition Strike Thrcush is for deletion Ordinance #95-012c Page 34 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44~ 45-% 46 RO~ I~A~ READJUSTMENTS improvements constructed after February 1, 1985, but prior to September 1, 1987, must be made no later than March 1, 1988, or those claims shall be deemed waived. (c) Specific standards. Credits against road impact fees otherwise payable shall be allowed only under the following conditions. 1. County need. The contribution, payment, construction or dedication shall meet a transportation capital need identified in the County's Comprehensive Plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. No credit shall be given for capital improvements that do not meet a transportation capital need identified in County's Comprehensive Plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. 2. Site-related transportation improvement. No credit shall be given for any site-related transportation improvements or site-related right-of-way dedications, unless it can be shown to the satisfaction of the county administrator through aDproDriate technical documentation that the site related imDrovement or riqht- of-way dedication provides for roadway capacity enhancements in excess of the impacts of the proposed development. Site-related transportation and right-of-way improvements, include, but are not limited to: a. all driveway connections, turn lanes and other site specific access improvements connecting the property defined in a final develoDment order to any adjacent impact fee eliqible roadway. b. all driveways, roads and attendant support systems including but not limited to drainage facilities, mitigation areas, etc, within, or immediately adjacent to, the defined limits of the approved final development order. Safety-related improvements. Safety-related improvements which do not increase road Underline is for addition ...."'-~ k_ A Tkrcu~h is for deletion Ordinance #95-012c Page 35 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44. 45% 46 ROAD IMPACT PEE ADJUSTS o o capacity shall receive no credit. Operational improvements. Nonsite-related operational improvements shall receive credit to the extent that they provide increased capacity. Capacity improvements. Nonsite-related credit to the capacity. capacity improvements shall receive extent that they provide increased Right-of-way dedication. Credit for the dedication of nonsite-related right-of-way shall be valued at one hundred twenty (120) per cent of the most recent assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey, closing costs or title information provided by the feepayer to the county at the request of the county. Credit for the dedication of right-of-way shall be provided when the property has been conveyed at no charge to, and accepted by, the county in a manner satisfactory to the board of county commissioners. If the feepayer shall opt not to have the right-of-way dedication credit determined as set out above, then the amount of credit shall be determined by the board of county commissioners based on an Independent Property Appraisal, as described in section 1-17-36 of this article, prepared by an individual both a member of the Appraisal Institute (MAI) and a state certified general appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. At the option of the board, the board may request a review appraisal, as described in section 1-17-37 of this article provided that in the event the value established by the independent appraisal exceeds one hundred twenty (120) per cent of the assessed value by more than twenty- five (25) per cent, the board shall request a review appraisal. In the event the board determines to request a review Underline is for addition Striku-~...rcu-..:= is for deletion Ordinance #95-012c Page 36 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44. 45-~ 46 ROAD IMPACT FEE ADJUSTMENTS o o appraisal and the determination of the value is the same or greater than value determined by the independent appraiser, then the County shall bear the cost of the review appraisal. If the determination of the value by the review appraiser is less than the value determined by the independent appraiser, then the feepayer shall pay for the cost of the review appraisal. Any independent or review appraisal submitted pursuant to this subsection shall be subject to review of methodology and technical accuracy at the discretion of the county administrator. In the event a property owner determines to donate, and the county determines to accept, nonsite related right- of-way for any planned nonexisting roads or expansion of existing impact fee eligible roadways as described in Section t-17-33.1(c) (1) to the county in advance of any application for final development order approval, the board of county commissioners, shall reserve the determination of value of the credit for the dedicated right-of-way until the property owner, or his assigns, seek a final development order approval for the remainder of the property from which the dedicated right-of-way was provided. All right-of-way credits shall be determined at the time contracts are let for the construction/expansion of the eligible roadway or at the time a Final Development Order approval is granted, whichever occurs first. No right-of-way credit determination may include the consideration of any enhancement to the value of property dedicated as a result of the new or expanded roadway construction. Application procedure. Applicants for credit for construction of nonsite related road improvements shall submit documentation of the actual engineering and construction costs to the county administrator or his designee. The county administrator or his designee shall determine credit for roadway construction based upon these costs or upon alternative engineering and construction cost estimates if the county administrator or his designee determines that such costs submitted are excessive or incomplete. Acquisition by Purchase or Condemnation. In the event a develoDer is required as a condition of a O O 0 ,J Underline is for addition ........~_~u. ~=_..rcu-..=~ is for deletion Ordinance #95-012c Page 37 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44~ 454 46 ROAD IMPACT FEE ADJUSTMENTS final development order to acquire off-site riqht-of-way alonq impact fee eliqible roadways as described in Section 1-17-33.1(c) (1}, the developer shall first obtain an Independent Property Appraisal as described in section 1-17-36 and provide the county administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in Section 1-17-37. Except as provided below, credits for riqht-of-way acquisition shall be based on the Independent Property Appraisal, the Review Appraisal, or the purchase price, if lower, as determined by the county administrator. In the event the developer is unable to acquire the riqht- of-way for appraised value or lower, the Board may: a o qrant additional credits above the appraised value if it determines that the cost of acquisition is less than the cost of condemnation or that b o condemnation is not practical or desired; or, authorize the condemnation of the parcels; or, deny the request for additional credits. Time of claim; waiver. Except as provided in section 1-17-33A(b) (4), any claim for credit must be made no later than the time of application for a building permit or for an electrical permit for a mobile home or recreational vehicle. Any claim not so made shall be deemed waived. Sec. 1-1'/-34. Definitions. (a) A "feepayer" is a person commencing traffic generating land development activity covered by this article. (b) A "capital improvement" includes traffic engineering studies, transportation planning and the right-of-way acquisition, engineering design and construction of any road construction project but does not include "periodic" or "routine maintenance" as defined in Section 334.03, Florida Statutes. (c) The "expansion" of the capacity of a road includes any widening, intersection improvement, signalization or other capital improvement designed to increase the road's capacity. O O 0 Underline is for addition Strike-~o..rcu-..=u is for deletion Ordinance #95-012c Page 38 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45-% 46 ROAD IMPACT FEE ADJUSTMENTS (d) The "generation" of traffic shall include both the production and attraction of traffic. Land development activity shall be deemed to generate additional traffic if the result of the activity is a use of land which will generate more vehicular traffic than the pre-existing use. (e) "Level of service" is a indicator of the extent or degree of service provided by a public facility and related to the operational characteristics of the public facility. For the purpose of this article roadway levels of service are as defined in the St. Lucie County Comprehensive Plan (f) The term "Road" includes streets, sidewalks, alleys, highways and other ways open'to travel by the public including the roadbed, right-of-way and culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts necessary for the maintenance of travel. (~) A "unit" for residential, hotel and motel uses, is each entity of occupancy within a building and not the entire building. Sec. 1-1%35. Independent Traffic Study. (a) In the event that the feepayer opts not to use the road impact fee tables set out in section 1-17-29, the amount of road impact fee due shall be determined by the county administrator based upon the traffic generation rates determined by an Independent Traffic Study (ITS), prepared by a registered Florida professional engineer. The Independent Traffic Study or "ITS" is a statement meeting the following criteria: The statement shall project whether roads serving or to serve the proposed project will fall below level of service D during any calendar month of any year during a twenty-year period beginning from the project start of the development. 0 O O 0 Underline is for addition o~_ ~ ..... ~ is for deletion Ordinance #95-012c Page 39 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ROAD IMPACT FEE ADJUSTMENTS o o o In determining the effects of a proposed project on the level of service, the ITS shall consider the following: Traffic characteristics and levels of service of existing major thoroughfares directly affected by the proposed project; bo Trip generation and origin-destination projections for the proposed project; C · Impacts of the proposed project on affected major thoroughfares including anticipated changes in the level of service; do Impacts of previously approved projects affecting the same major thoroughfares as the proposed project; e. Radius of development influence; f o Effects of phasing of the proposed development including relationships to any long-range thoroughfare plans of the county and to the five- year transportation improvement program of any metropolitan planning organization and the five- year work program of the Florida Department of Transportation; Effects of roadway alterations to be made as part of the proposed project, including intersection improvements, turn lanes, signalization, median and other improvements; ho Impacts of increased through traffic movement and traffic from potential developments permitted and contemplated under the St. Lucie County Comprehensive Plan. The ITS shall address each of the applicable Goals, Objectives and Polices of the St. Lucie County Comprehensive Plan. The following methods of evaluation and standards shall be used in preparing the ITS, unless the county administrator finds that, because of circumstances unique to the proposed development and roadway system serving Underline is for addition Strike Thr2u~h is for deletion Ordinance #95-012c Page 40 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44. 45-~ 46 ROAD IMPACT FEE ADJUSTMENTS the proposed development, other methods or standards provide a more accurate means to evaluate the status of the major thoroughfares affected by the proposed project: Total traffic generated by the project shall be computed using the rates published in the latest edition of the Institute of Transportation Engineers (ITE) "Trip Generation and Informational Report," unless documentation is supplied justifying the use of different rates. bo Traffic assignments shall be made for each link 'within the project's radius of development influence in conformance with good traffic engineering principles. The ITS shall use the following table of average daily trips as the standard for level of service D: Design Type Average Daily Trips Two-lane (two-way) ........... 13,900 Four-lane (undivided) .......... 24,400 Four-lane (divided) ........... 32,900 Six-lane (undivided) .......... 40,200 Six-lane (divided) ........... 50,000 Eight-lane(divided) .......... 65,100 Four-lane expressway .......... 68,700 Six-lane expressway .......... 102,200 Eight-lane expressway ......... 137,500 Average daily trips shall be based on data for travel during the first quarter of the calendar year. C o In lieu of being based on the table in paragraph b, the ITS may be based on an analysis of peak hour intersection capacities to determine whether the standard is met. The analysis shall contain detailed intersection analyses (including calculations) for all intersections within the radius of development influence. Where detailed intersection capacity analysis is provided, the 1985 Highway Capacity Manual shall be referenced and used as documentation. When or if subsequent editions become available, such subsequent editions Underline is for addition ~-~"- ~ ..... ~ is for deletion Ordinance #95-012c Page 41 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 46 ROAD IMPACT FEE ADJUSTMENTS do e o f o go shall be referenced. The county administrator may require that both the lane analysis and the intersection analysis be provided if he has reason to believe that at one or more affected intersections the sum of peak-hour critical lane volumes is expected to exceed one thousand two hundred (1,200) vehicles per hour. The ITS shall cover the radius of development influence of a proposed development, which shall include an area of five (5) road miles from the perimeter of the development. The project's radius of development influence shall be measured as road miles from the proposed project, not as a geometric radius. Background traffic shall be taken into account as follows: The effect of previously approved but incomplete projects that may eventually affect the major thoroughfares within the radius of development influence of the proposed project shall be addressed in the ITS as provided herein. o Phasing of previously approved projects may be considered in the analysis of background traffic. Future traffic shall be taken into account as follows: The effects of increased through traffic and increases in traffic associated with the development of lands suitable for development but not yet planned should be estimated. Estimates should be developed for a twenty- year period for through movements and for total buildout of potential developments. The current land use element of the St. Lucie County Comprehensive Plan in conjunction with the current zoning designations should utilized to estimate the traffic impact from O O 0 0 Underline is for addition Strike Through is for deletion Ordinance #95-012c Page 42 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 46 ROAD IMPACT FEE ADJUSTMENTS ho j o ko mo potential developments affecting the radius of development impact. The ITS may take into account roads and road improvements not yet constructed only if all funds for such roads and road improvements have already been specifically appropriated by the board of county commissioners or the legislature of the State of Florida for the particular road or road improvements. The ITS shall identify all roadway improvements necessitated by projected traffic and the per cent impact of the traffic of the projected increased traffic demand by link for each required improvement not included under paragraph h. The ITS shall also identify the costs of all link improvements required by projected traffic in the ITS. The ITS shall identify the impact fee by multiplying the cost by link as identified in paragraph (j) by the percentage of impact traffic as determined in paragraph The impact fee shall be computed as set forth in section 1-17-29(b). The ITS shall be prepared and sealed by registered Florida professional engineer. a Studies and analyses required by this section shall be subject to review of methodology and technical accuracy by the county administrator. 1-17-36. Independent Property Apprnisal (a) If the feepayer shall opt not to have the value of any right-of-way dedication determined as set out in section 1-17- 33.1(c) (6), the amount of credit shall be determined by the board of county commissioners based on an Independent Property Appraisal (IPA), prepared by an individual who is both a member of the Appraisal Institute (MAI) and a state certified general appraiser 0 O Underline is for addition .......o~_~_ ~...rcu-..:~ is for deletion Ordinance #95-012c Page 43 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 ROAD IMPACT FEE ADJUSTMENTS acceptable to the board of county commissioners, that is paid for by the feepayer. An "independent property appraisal" is an appraisal report containing the following: 1. Purpose of appraisal. The purpose of the appraisal which includes a statement of value to be estimated and the rights or interest being appraised. 2. Legal Description of property. 3. Description of parent property. Description of the parent property to be appraised will include: Names of apparent owner of each interest being evaluated. b. Location of property. c. Total area of property in acres or square feet. Area of each interest in property being acquired in acres or square feet. e. A minimum of five (5) years delineation of title. f. Present use and zoning. g. Utilities. Type and condition of improvements and special features that may add to or detract from the value of the property. 4. Highest and best use. The highest and best use of the property on which the appraisal is based before the acquisition of rights and interests to be acquired and the highest and best use of the remainder after the acquisition when a partial taking is involved. In either instance, if the existing use is not the premise on which the valuation is based, the appraisal will contain an explanation justifying the Underline is for addition Strik~ Through is for deletion Ordinance #95-012c Page 44 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44. 46 ROAD IMPACT FEE ADJUSTMENTS determination that the property is available and adaptable for a different highest and best use and there is demand for that use in the market. Before and after valuation. The "before and after" method of valuation as interpreted by Florida law will be used in partial donations or special benefits to the residue land or improvements. Approaches to value. The appraisal should include all applicable approaches to value. If an approach is not considered applicable, the appraiser must state why. All pertinent calculations used in developing the approaches will be shown. In the market approach, the appraisal report will contain a direct comparison of pertinent comparable sales to the property being appraised. The appraiser must include a statement setting forth his analysis and reasoning for each item of adjustment to comparable sales. Where in the income (capitalization) approach is used, there must be documentation to support the income, expenses, interest rate, capitalization rate, discount rate, or any other factors used in the analysis. Where it is determined that the market rental income is different from the existing or contract income, the increase or decrease must be explained and supported by market information. Where the cost approach is utilized, the appraisal report must contain the specific source of cost data, remaining economic life, and an explanation of each type of accrued depreciation. Appraisal of after value. The appraisal of the after value must be supported to the same extent as the appraisal of the before value. This support should include one or more of the following: a. Sales comparable to the remainder properties. Underline is for addition Ctrik= Through is for deletion Ordinance #95-012c Page 45 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45,% 46 ROAD IMPACT FEE ADJTJSTMENTS o o 10. 11. bo Sales of comparable properties from which there have been similar donations, or acquisitions for like usages. C · Development of the income approach on properties which show economic loss or gain as a result of similar acquisition or taking for like usages. Public sales of comparable lands by the state or other public agencies. e o In the event the data described in a through d above are not available, the appraisal will so state and give the appraiser's reasoning for his value estimate. Difference between before and after. The difference between the before and after appraisal will represent the value of the property to be acquired including the damages to the remainder property. The appraiser will separately analyze and tabulate the difference showing a reasonable allocation to lane improvements, and damages. More than one approach used. Where two (2) or more of the approaches of value are used, the appraisal will show the correlation of the separate indications of value derived by each approach along with a reasonable explanation for the final conclusion of value. This correlation will be included for both before and after appraisals. Photographs. Ail appraisals should include identified photographs of the subject property including all principal above ground improvements or unusual features affecting the value of the property to be taken or damaged. Sketch or plat. Appraisal reports for whole takings will contain a sketch or plat of the property showing boundary dimensions, location of improvements and other significant features Underline is for addition ~-~ ........ ~ is for deletion Ordinance ~95-012c Page 46 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44. 45-% 46 ROAD IMPACT FEE ADJUSTMENTS 12. 13. of the property. For partial takings, the sketch or plat will also show the area to be acquired, relation of the improvements to the taking area and area of each ~ remainder. Comparable sales. Each appraisal report will contain or make reference to the comparable sales which were used in arriving at the fair market value. a o The appraiser must state the date of sale, names of parties to the transaction, consideration paid, financing, conditions of sale and with whom these were verified, the location, total area, type of improvements, appraiser's estimate of highest and best use at the date of sale, zoning and any other data pertinent to the analysis and evaluation thereof. If the appraiser is unable to verify the financing and conditions of sale from the usual sources such as buyer, seller, broker, title or escrow company etc. he will so state. Pertinent comparable sales date should include identified photographs of all principal above ground improvements or unusual features affecting the value of the comparable. Inspection of properties. Ail property appraised and the comparable sales which were relied upon in arriving at the fair market value estimate will be personally inspected in the field by the appraiser and all dates of inspection will be shown in the appraisal report. 14. Date of valuation. 15. The effective date to which the valuation applies. Limiting conditions. Statement of appropriate conditions if any. contingent and limiting Underline is for addition Strike Through is for deletion Ordinance %95-012c Page 47 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44. 454 46 ROAD IMPACT F~--E ADJUSTMENTS 16. Certification and signature. The certification, signature and date of signature of the appraiser. Sec. 1-17-37. Property Review Appraisal (a) At the option of the board, the board may request a review appraisal of the Independent Property Appraisal (IPA), provided that in the event the value established by the Independent Property Appraisal exceeds one hundred twenty (120) per cent of the assessed value by more than twenty-five (25) per cent, the board shall require a review appraisal. A "review appraisal" shall comply with the following procedures: The reviewing appraiser will field inspect the property appraised and the comparable sales considered by the appraiser in arriving at either or both, as appropriate, the fair market value of the whole property and of the remainder. o The reviewing appraiser will examine the appraisal reports to determine that they: a. Comply with the provisions of this section. Follow accepted appraisal principles and techniques in the valuation of real property in accordance with existing state law. C · Contain or make reference to the information necessary to explain, substantiate and thereby document the conclusions and estimates of value and/or just compensations identified therein. Include consideration of compensable items, damages and benefits, but do not include compensation for items, damages and benefits noncompensable under state law. Contain an identification or listing of the buildings, structures and other improvements on the land as well as the fixtures which the appraiser considered to be a part of the real property to be 0 Underline is for addition Stri::_- T..r_-u-..~ =~' is for deletion Ordinance #95-012c Page 48 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44. 45-% 46 ROAD IMPACT FEE ADJUSTMENTS o o o acquired. Contain the estimated fair market value for or resulting from the acquisition, and where appropriate, in the case of a partial acquisition, either in the report or in a separate statement, a reasonable allocation of the estimate of the fair market value for the real property acquired and for damages to remaining real property. Prior to finalizing his estimate of just compensation, the reviewing appraiser will request and obtain corrections or revisions of appraisal reports which do not substantially meet the requirements set forth in this section. These will be documented and retained in the parcel file. The reviewing appraiser may supplement an appraisal report with corrections of minor mathematical errors where such errors do not affect the final value conclusion. He may also supplement the appraisal file where the following factual data has been omitted: a. Owner's and/or tenants' names. bo Parties to transactions, date of purchase and deed book reference on sale of subject property and comparables. Statement that there were no sales of subject property in past five (5) years. do Location, zoning or present use of subject property or comparables. The reviewing appraiser will initial and date his corrections and/or factual data supplements to an appraisal report. The reviewing appraiser will submit a signed and dated statement setting forth: His estimate of just compensation including, where appropriate, his allocation of compensation for the real property acquired and for damages to remaining real property, and an identification or listing of Underline is for addition Strike-~_..rcu-..=~ is for deletion Ordinance %95-012c Page 49 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44.. 454 46 ROAD IMPACT FEE ADJUSTMENTS bo c o do the buildings, structures, and other improvements on the land as well as the fixtures which he considered to be a part of the real property to be acquired, if such allocation or listing differs from that of the appraisal(s). That as a part of the appraisal review there was a field inspection of the parcel to be acquired and the comparable sales applicable thereto. That he has not direct or indirect present or contemplated future personal interest in such property or in any monetary benefit from its acquisition. That his estimate has been reached independently, without collaboration or direction, and is based on appraisals and other factual data. o In the event that the review appraiser determines the value to be the same or greater than the value determined by the Independent Property Appraisal (IAP) the county shall bear the cost of the review appraisal. (a) Any decision made by the county administrator in the course of administering the provisions of this chapter may be appealed to the board of county commissioners by filing a petition of appeal within thirty (30) calendar days of the date of the rendition of the decision. (b) The board of county commissioners shall review the petition at a public meeting within thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of time is granted by the board. The board's decision shall be final for the purpose of administrative appeals. The board of county commissioners shall revoke the Underline is for addition _tri..c Through is for deletion Ordinance #95-012c Page 50 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44~ 454 46 ROAD IMPACT FEE ADJUSTMENTS decision of the county administrator only if there is competent, substantial evidence in the record that the decision fails to comply with this Article. Sec. 1-17-39. Review. (a) The roads impact fee shall be reviewed by the county commissioners in January of each calendar year. Unless otherwise directed by the board, adjustments to the roads impact fee shall be based on the methodoloc[y described in paragraph (b) of this section and shall require an affirmative action of the county commission prior to their enactment. (b) The base for computinq the adjustment is the Construction Price Index (base year 1995 = 100) for the United States, published by the United States Department of Labor Statistics (the Index), that is published for January 1996 (the Beqinninq Index). If the Index published nearest the Adjustment Date (the Extension Date) has increased over the Beqinninq Index, the fee for the followinq year (until the next Fee Adjustment) shall be set by multiplying the appropriate fee set forth in the schedule above by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beqinninq Index. (c} If the Index is chanqed so that the base year differs, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised, such other qovernment Index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. Underline is for addition -~trik_- Thr_-u]h is for deletion Ordinance #95-012c Page 51 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44. 45,% 46 ROAD IMPACT FEE ADJUSTMENTS PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, includinq the incorDorated areas even in the absence of interlocal aqreements with the affected municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 F. EFFECTIVE DATE. The amendments to Section 1-17-25, 1-17-30, 1-17-33.1(a), 1- 17-33.1(b), 1-17-33.1(c) (2), 1-17-34(g) and 1-17-39 shall take effect upon adoption of this ordinance. The amendments to Section 1-17-29, 1-17-31 shall take effect October 1, 1995. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green Vice Chairman Ken Sattler AYE NAY O O Underline is for addition _tri..c~ u Through is for deletion Ordinance #95-012c Page 52 Final PRINT DATE: 6/27/95 1 2 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~7 ROAD IMPACT FEE ADJUSTMENTS Commissioner Havert Fenn Commissioner Gary Charles, Jr. Commissioner Cliff Barnes AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 H shall not be codified. ATTEST: PASSED AND DULY ENACTED this 27th day of June, 1995:'.[, '- or ST. LUCIE COUNTY, FLORIDA ";? 0 ;;, · BY _ OR95-12c ROAD IMPACT FEE ADJ~JSTMENT DJM Ordinance #95-012c Final Underline is for addition ~-~'-~ ~ ..... ~ is for deletion Page 53 PRINT DATE: 6/27/95 ~c'~'3ne Hnlman, Clerk of the Circuit 't - St. Lucie County .-"~{i~, ~/uml~er: 1406239 OR ~ .... 0962 PAGE 1668 ~Recorded: 06-27-95 11:08 A.M. ORDINANCE NO. 95-14 AN ORDINANCE AMENDING CHAPTER 1-13.$ "MUNICIPAL SERVICE TAXING OR BENEFIT UNITS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY: AMENDING SECTION 1-13.5-1 TO PROVIDE THAT THE CREATION OF A MUNICIPAL SERVICES TAXING OR BENEFIT UNIT (''MSTU OR MSBU") WITHIN THE BOUNDARIES OF A MUNICIPALITY REQUIRES THE CONSENT OF THE AFFECTED MUNICIPAUTY AND TO PROVIDE EDITORIAL CLARIFICATIONS; AMENDING 1-13.5-2 TO PROVIDE EDITORIAL CLARIFICATIONS; AMENDING SECTION 1-13.5-3 BY ADDING ASSESSMENT PROVISIONS PREVIOUSLY SET OUT IN SECTION 1-13.5-,5 AND TO CLARIFY THAT SERVICES IN ADDITION TO IMPROVEMENTS MAY BE PROVIDED BY AN MSBU OR MSTU; AMENDING SECTION 1-13.$-4 TO PROVIDE EDITORIAL CLARIFICATIONS; AMENDING SECTION 1-13.5-5 TO CLARIFY THE DEFINITION OF ''MAJORITY OF LAND OWNERS" FOR THE PURPOSE OF ACCEPTANCE OF A PETITION TO CREATE A MSTU OR MSBU AND TO ADD PROVISIONS PREVIOUSLY SET OUT IN SECTION 1-13.5-7; AMENDING SECTION 1-13.5-6 TO PROVIDE EDITORIAL CLARIFICATIONS; AMENDING SECTION 1-13.5-7 TO CLARIFY THE PROCEDURES REQUIRED FOR CREATION OF MUNICIPAL SERVICES BENEFIT UNITS BY ADDING PROCEDURAL PROVISIONS PREVIOUSLY FOUND IN OTHER SECTIONS OF CHAPTER 1-13.5, MODIFYING NOTICE REQUIREMENTS FOR PUBLIC HEARING TO CONFORM TO THE REQUIREMENTS OF CHAPTER 197, FLORIDA STATUTES, PROVIDING FOR THE ISSUANCE OF THIRTY YEAR DEBT OBLIGATIONS AND PROVIDING THAT A FURTHER PUBLIC HEARING IS NOT REQUIRED TO APPROVE A FINAL ASSESSMENT AFTER IMPROVEMENTS HAVE BEEN COMPLETED PROVIDED THAT THE FINAL ASSESSMENT DOES NOT EXCEED THE ORIGINAL ASSESSMENT BY MORE THAN TEN PERCENT; AMENDING SECTIONS 1-13.5-8 AND SECTION 1-13.5-9 TO PROVIDE EDITORIAL CLARIFICATIONS; AMENDING SECTION 1-13.5-10 TO CLARIFY THAT TAXES LEVIED BY MUNICIPAL SERVICES TAXING UNITS MUST BE LEVIED WITHIN THE MILLAGE UMITS FOR MUNICIPAL PURPOSES; AMENDING SECTION 1-13.5-11 TO PROVIDE EDITORIAL CLARIFICATIONS AND TO PROVIDE THAT WHERE BONDS ARE ISSUED, INTEREST AT A RATE NOT TO EXCEED 1% OVER THE INTEREST RATE ON THE BONDS AS WELL AS ALL AMOUNTS NECESSARY UNDER SECTION 197.3632, FLORIDA STATUTES MAY BE ADDED TO THE UNPAID PRINCIPAL OF THE ASSESSMENTS; FURTHER PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPUCABIUTY; PROVIDING FLUNG WITH THE Struck ~=~..~v~=,.= passages are deleted. Underlined passages are added. -1- DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws provides for the creation of municipal service benefit or taxing units. 2. Section 125.01(1)(q), Florida Statutes, authorizes the Board of County Commissioners to establish municipal service taxing or benefit units for any or all of the unincorporated areas of St. Lucie County. 3. This Board has determined that it is necessary and in the public interest to amend Chapter 1-13.5 to clarify the procedures required to create municipal service taxing and benefit units and to provide for the issuance of 30 year debt obligations. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-13.5 (MUNICIPAL SERVICES TAXING OR BENEFIT UNITS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUClE COUNTY. Chapter 1-13.5 (Municipal Services Taxing or Benefit Units) is hereby amended to read as follows: Section 1-13.$-1. Creation authorized. Pursuant to Chapte.r 125, Part I, Florida Statutes, and other applicable provision~ of law~ Mrnunicipal service taxing units ("MSTU") or municipal service benefit units S~-~]-- ..... ~-..~v.~., ......passages are deleted. Underlined passages added. -2- are ("MSBU") may be established in unincorporated areas of the county under the provisions of this chapter for the purpose of providing fire protection, law enforcement, beach erosion control, recreation services and facilities, water, streets and roads, sidewalks, garbage and trash collection and disposal, waste and sewage collection and disposal, drainage, transportation, and other essential facilities and .... ;'"'-'-' services. Tthe cost of .... .these improvements or services may be paid in whole or in part from funds derived from fees, service charges, special assessments, e~ taxes or other charqes levied within such units, cr that and the cost of s'--'ch the improvements may also be paid in whole or in part from the proceeds of bonds issued for such purposes. Subject to the consent by ordinance of the governing body of the affected municipality given either annually or for a term of years, the boundaries of an MSTU or MSBU may include all or part of municipality. Section 1-13.5-2. Goveming body of municipal service taxing or benefit units. The bBoard of (;--County e-commissioners of St. Lucie County (the "Board") shall be deemed to be the governing body of each taxing or benefit units created pursuant to this chapter. Ail ~:References_ to the bBoard_ -.,'"~ ..-.....,,.,""' .... *" ......,,,,,,,....,..,,..,.,"~"~"~"";°°; ..... or _to municipal service taxing or benefit units herein shall be deemed to include both, as appropriate. Section 1-13,5-3, Powers of taxing or benefit units. (a) Each of said the taxing or benefit units created pursuant to this chapter shall have the power to levy and collect ad valorem taxes and special assessments, to set and collect rates, fees, and charges, to contract, to borrow and expend funds, to issue bonds, certificates of indebtedness, revenue certificates, and other obligations orr indebtedness, -~ruc.: through passages are deleted. Underlined passages are added. -3- and to exercise any other power as may be granted by general or special law. Each taxing or benefit unit is authorized to enter into contracts with pdvate persons or firms or with municipalities, counties and other units of government for the purpose of providing the taxing or benefit unit with any or all of the services the unit is established to provide. The County, acting through its Board of County Commissioners, may exercise the foregoing powers on behalf of any MSBU or MSTU created hereunder. (b) The Board may provide for the payment of a part or all of the costs of constructinq and operatin,q any improvements or the provision of services under this chapter by levyin,q and collectin,q special assessments on the abuttinq, adioinin.cl, contiRuous or other property specially benefited by the improvements or services provided herein and by issuin,q bonds payable from the proceeds of such assessments (c) Special assessments a,qainst property deemed to be benefited by improvements or service as provided in this chapter shall be assessed upon the property specially benefited by the improvement or service in proportion to the special benefits to be determined and prorated accordin,q to the foot fronta,qe or square foota,qe of the respective properties specially benefited by said improvement or service, accordin.q to thc equivalent residential unit or trip ,qeneration method, or accordin,q to such other lawful method, includin,q ad valorem valuation and service char,qes, as the Board may prescribn by resolution. Sect]on 1-13.5-4 Budget adopfion-taxinQ units. Each year any taxing unit created pursuant to this chapter shall adopt an annual budget according to the requirements of Chapter 129, Florida Statutes. The bBoard cf Struck ~u~..~v~,,~ passages are deleted. Underlined passages added. -4- are ----.--., ,-,""'-- .... ,,, ~_~.-,,,,,,,-.-.,.., ,.., .. ,.r,,,,.,,,.,,..o o,,.,...o ..,"~' ..,,°*. ,--...,..' ' "'~" "'""......,'"*",,, thereafter may cause such millage to be levied against all lawfully taxable property within said unit as is sufficient to raise the budget. All funds so raised shall be used solely for the expenses of taxing unit. Property accounts and records shall be kept at all times. Section 1-13.5-$. Creation of units. (a) The bBoard ,',~' .-"',-,.-,*,, ,.r.,.,..,,..,;..o;,.,.,~... upon its own motion or upon written petition by a majority of the affected property owners, shall determine whether creation of a proposed municipal service taxing or benefit unit may be of benefit to the residents of and/or the real and personal property located within the boundaries of such proposed unit. ~^"~*;~ °~;~' ........ "*° "" th: ~"";"~ ~.;~;.; .....,; .......... *~'"" prcp:,% (G~ Property owners, as referred to in this ~apter, shall include any persons, firm, partnership, corporation, trust, or other legal entity holding title to any property which would be liable for special assessments hereunder if said special assessment were made. The requirements for a majod~y of such property owners, as provided below, shall mean no less than f'",, ,-,,~/,~ ~ ..... ,,+ ,,~ ,~, ......... · ,.,,~, .... ,~ ,,,~,~.,, ~.,,,,, ~,,,,,.,,~ ;._ '"'7 ~-,,v ~... ,/ p...., ....,,...., .,,... ~...,,..,... ~r. ~' .... (a} Struck ~-..~-~.,= passages are deleted. Underlined passages added. -5- are fifty-one percent (51%) of the owners in number, where the assessment aRainst each owner is substantially equal or, (b) the owners of lands liable for fifty-one percent (51%) of the assessment where the proposed assessment a,qainst each owner is not substantially equal. For purposes of this section, substantially equal means a variance between the, hi,qhest and lowest assessment of not more than twenty percent (20%) (al_c) The bBoard ,',~ ,,r, .... ,,, ,.,r,,,,~,,,,..oo; .... * at the-bE, ea~ its option, may place a question concerning the creation of a proposed municipal service taxing or benefit unit on the ballot at any primary election, general election or otherwise called special election as provided by general law, to obtain an expression from qualified electors residing within the proposed unit as to whether the proposed unit should be created. The cost of the election shall be added to the cost of the improvements or services in the event the Board determines to create the proposed taxing or benefit unit. Provided, however, the results of any election held pursuant to this section are not binding on the bBoard. · -r .................. cf thc Struck ~u~..~v_~,,u passages are deleted. Underlined passages added. -6- are ~ Initial petition. Property owners may petition the Board for the county engineer to provide a preliminary estimate of the cost of construction of requested improvements or the cost of requested services under the provisions of this chapter. The o o~ county en.qineer shall provide the petition form to any interested person. Si,qnatures on the petition and the fact of execution by a maiority of such property owners shall bc verified by the county en,qineer upon the basis of information in the public records (e) Petition form. The form of petition referred to herein shall be approved by the county attorney as to le,qal form and sufficiency and shall require (i) a description of the proposed improvements or services and (ii) a statement that the petitioners (a) request that the improvements be constructed or that the services be provided (b) reco,qnize that the determination of special assessments will be made by the Board at a public hearin,q (c) a,qree to be assessed for the actual cost for construction of th~ improvements or provisions of services, includin,q allowable administrative and other incidental costs connected therewith, in an amount not to exceed the maximum allowed by this chapter and (d) a,qree to be assessed for the costs of preparin,q the plans, specifications, and cost estimates required for the project in the event the project is not approved. JO. Priority of petitions and record keepin,q. Petitions shall be numbered in the order in which they are received. The county en.qineer shall maintain a tabulation of numbered petitions alon,q with the dates of illin,q, hearin,qs, preliminary estimates and thn final cost. Struck thr=ugh passages are deleted. Underlined passages added. -7- are Section 1-13.5-6. Procedure for adoptkm creation of municipal service taxing units. (a) Public hearing. Prior to creating a municipal service taxing unit, the Board '-~ ..... ,,, ....... , ccmmlss~cn=rs shall hold a public hearing. Notice of the public hearing shall be published twice in a daily newspaper of general circulation in St. Lucie County, once not less than twenty-one (21) days and once no more than seven (7) days before the date of such public hearing. The notice shall include a brief description of the unit, the proposed action to be taken by the Board, and the time, date and place of the hearing. The Board may, at the Board's option, determine to mail an additional notice to affected property owners prior to the public hearing. (b) Resolution creating taxing unit. If the Board finds, at the advertised public hearing, that creation of such unit would be in the public interest, it shall adopt a resolution providing for the creation of the unit. following: (1) (2) (3) The resolution shall set forth the The name or designation by which the unit shall be known, The boundaries of the unit, The services to be provided or improvements to be constructed in the unit. Section 1-13.5-7. Procedure for ad~ creation of municipal service benefit units. Struck through passages are deleted. added. -8- Underlined passages are f All ~*i~;~ h~r~ff ...... i,,~l ~r ~,~oi~l~r~*i ..... ~l~r *,hJC ,-h~r,*z~r c.l~u I., ..... h~r~l in · %11 ~.~111.11~1 i~w I 1~1~.~4111~1 i 1~1~111~ii4 i~1 ~I I~11.~1~i1~1 i ~.~1 i1~i~1 ~11~4~k~ll~l ~.~11~.~11 ~ I 1~41111~wI ~ II I (-d-)(a) Initial hearing. '"~'--. ,-,. ..... -- r-,-.,.--.*'*"'"..-, ''° *~'"'...---.. Upon receipt of a petition that complies with this chapter to create a 0 o o St~_~'. ~ ...... passages are deleted. Underlined passages are added. -9- MSBU, the county engineer shall submit the petition and a rough estimate of the cost of the proposed project to the bBoard_ ..,'-~ ..,......,"r' .... ,-,*" ,.r,,.,.,.,.,,~o~;........,,,,,,,....,.., .... ,..,., and shall request permission to advertise an initial public hearing to determine ~ the need for the proposed project, (ii) the percentage of public and private benefits and (iii) the method of assessment. Notice of the initial public hearing shall be published twice in a daily newspaper of general circulation in the county once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public hearing In addition, notice shall be mailed to the record title holder of any property to be specially assessed at least fourteen (14) days prior to the date of the public hearing The notice shall include a brief description of the project, a description of the specially benefited property, the proposed action to be taken by the Board and the time, date, and place of the hearinq. Public hearin,q is not required if the Board determines on its own motion to direct the county engineer to prepare a report as set out below. At the time set for the initial public hearing, the Board shall hear-e~ all interested persons and shall make an initial determination as to whether ~ the project is in the best interest of the health, safety and/or welfare of the county and, if so, i/D. the percentage of public and private benefits which will result from the proposed improvements or services, and (iii) the method to be used in assessing specially benefited property. That percentage of the benefits of the improvements or services which the bBoard finds accrues to the public shall be the percentage of the cost of improvements or services borne by the county. Upon making the above determinations, the Board e~ ...... ~,, passages are deleted. Underlined passages are added. -10- ...... , ccm m!ss~o,-,e;s shall adopt a resolution...,...,,o+~+;-,-,~, ,...;*o .....,.,,~+~--,..'.-,-+~.--,~.,,,,, ,,...,.., ,.. creatin,q the unit and authorizing the county engineer to proceed with the nrni~nf ,',, ,,' .... .-,+ +,., +h~, ,.,,.,-.,..~,,~, .-,., ~tatc_ :n ......... ..... as hereinafter provided. The Board may, upon its own motion, direct the county en,qineer to prepare a report for specified improvements or services even though no petition of property owners has been presented or the majority ownership condition is not met. The resolution shall contain findin,qs by the Board (i) that the improvements or services would be of benefit to the real and personal property within the boundaries of the proposed unit, (ii) that the cost of providing such improvements or services is not expected to be in excess of the benefit .qained, and (iii) that the creation of such unit would be in the public interest. the following: (1) (2) (3) (4) In addition to such findin,qs, the resolution shall set forth The name or desi,qnation by which the unit shall be known. The boundaries of the unit. The improvements or services to be provided in the unit. The method of assessment approved by the Board, Struck ~=...~v_~_~ passages are deleted. Underlined passages added. -11- are ~(b) Project~ repo~ and prelimina~ assessment roll. Upon re~iving authorization to proceed with the project, the county engineer shall prepare a repo~, a~ompanied by a map and other pe~inent data, setting fo~h: (1) The boundaries of the proposed benefit unit and re~mmendations as to any territo~ within such boundaries which should be excluded from the unit bemuse of the dispropo~ionale ~st of providing the improvements or se~ices requested for such territo~ *~-; ......... ,,o ...... ;~ ....... --*-~ or for any other reason. (2) The Io~tion or Io~tions of any improvements to be a~uired, leased or installed, all of which shall be constru~ed to county standards. (3) An estimate of the cost of such improvements. (4) An estimate of the annual expense of operating any such improvements and providing such se~ices. (5) ~' such = .......... *" "~"" ~ ..... ~ .... *"a * ..... "*" "*""a"'~" An estimate of fees, direct charges, engineering costs and administrative ~sts. ~ ~"~"'~"~ ' thc w~ruc,: through passages are deleted. Underlined passages are added. -12- petitions. (6) a A list of specifically affected property owners and the status of any {7) A preliminary assessment roll which will indicate the tentative assessment for each parcel within improvements or services. ~ Information meetinq. the proposed MSBU necessary to finance tho Thereafter, if the Board so directs, all specially benefited property owners shall t-heR be notified of an informal meeting with the county engineer, at which the county engineer will explain the proposed improvements o_.[r services, the tentative assessment to each property, and the procedure thereafter to be followed. Other necessary county personnel will attend said meeting as directed by the Board. The notification required to be given for such meeting to be held by the county engineer shall consist of a notice published in a local newspaper of general circulation in St. Lucie County. Said publication shall be made once at least ten (10) days before the informational meeting date. An additional courtesy notice of the county engineer shall also be mailed to each property owner, by regular mail, no less than ten (10) days prior to the informational meeting date. The maile~d notice shall be based on names and addresses found in the records of the property appraiser or from such other sources the county engineer deems reliable. The mailed notice shall include the property owners' tentative assessment applicable to the property to be assessed, provided, however, that in lieu of an informational meeting, the county engineer may distribute by regular mail, a ~-------" ~u~--~-~,," passages are deleted. Underlined passages are added. -13- comprehensive and detailed explanation of the proposed improvements or services and the reasons why same are necessary. ..... rr ........... th~ ........ , ccmmlscloners. {-f)(d) Second public hearin.q. completion of the preparation of the report and .... '; ....... "*~, *~, ...... ; .... ,,,o ,-,~ °"~'°""*""" '"~ "'~ *~'"" °""*""" preliminary assessment roll, the county engineer shall " .............~ ......., ....... r .............. request from the bBoard cf ""' -- v~__v~, '~7 .~_~ ................. fe~ permission to advertise ~ a_ public hearing thereon. Provided, however, that the bBoard ^~ ,"," .... ,,, _ -...._~ ..... , ¥_~ ................. at any time, in its sole discretion, may reject the petition or project for any further consideration. ~,~,-,~n,-I ,.~ .hi;,.., h~,'~rin,-~ ~.,~ ,'i~,~.,~rr.~;r~,~ ,',r~,'~l';,-,n ,',,,F I.~(~1~1 I ~ .... 1. ~ ..... 1 passages are deleted Underlined passages are added. -14- twenty (20) days prior to the public hearin,q, the county en,qineer shall notice the hearin,q by first-class mail and by publication in a daily newspaper of general circulation within St. Lucie County. Addresses for mailed notices shall be obtained by the county en,qineer from the records of the property appraiser or from other sources as the county en,qineer deems reliable. The notice by mail shall be sent to each person ownin,q property within tho Struck ~u~,.~-~.,~ passages are deleted. Underlined passages added. -15- are proposed MSBU and shall include (i) the purpose of the assessment, (ii) the total amount to be levied aqainst each parcel, (iii) the unit of measurement to be applied a.qainst each parcel to determine the assessment, (iv) the number of such units contained within such parcel, ('v) the total revenue to be collected by the special assessment, (vi) a statement that all affected property owners have a right to appear at the hearinq and to file written pbiections with the Board within twenty (20) days of the notice, and (vii) the date, time and place of the hearinq. If the Board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in Section 1-13.5-11(i) of this Chapter, the mailed notice shall also provide a statement that failure to pay thc assessment will cause a tax certificate to be issued aqainst the property which may result in a loss of title. The published notice shall be published twice in a daily newspaper of ,qeneral circulation in St. Lucie County, once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public hearing. The notice shall include (i) a brief description of the project, ('ii) a ~eo.(3raphic depiction of the property subject to the assessment, (iii) the proposed action to be taken by the Board, (iv) the .time, date and place of the hearing, and (v) statement that all affected property owners have a right to appear at the hearinq and to file written objections with the Board within twenty (20) days of the notice. At said the public hearing, the owners of the property to be assessed or any other persons interested may appear before the Board "~ ..... * ...... ,o--: ..... ........ , ................. and be heard as to the propriety and advisability of making such improvements or providing such services, as to the costs thereof, as to the manner of payment thereof, and as to the °~ .... ~' "'"' ..... ~ passages are deleted Underlined passages are added. - 16- 0 amount thereof to be specially assessed against each property so improved. At the public hearing, the county engineer shall also present to the Board "~ ..... ccmm~=ic.-.crs a the preliminary assessment roll. '" ...... ,~ ~ ...... ,~ ....... assessment roll shall show ~ the lots and lands assessed, ('ii) the amount of the benefit to and the assessment against each lot or parcel of land, and (iii) if said special assessment be paid in installments, (a) the number of annual installments into which the special assessment may be divided which shall not exceed thirty (30), and (b) whether the assessment shall be payable in equal installments of principal to which interest shall be added or equal installments of principal and interest shall also be entered and shown upon said assessment roll. At the time and place named in the notice of public hearing~.,....,......~.~,-~ ~'"',.., ~, the bBoard ,.~ ,-,",-, ,.,*,, ,.r,,.,,.,,,.,.~oo; _ -.. ~_~ ..... j ~ ................. shall also meet as an equalizing Board to hear and consider any and all complaints as to such special assessments and shall adjust and equalize the assessments on the basis of just and right._ and w_When se equalized and approved by resolution of the bBoard ,',~' ,-"',',, ,..*,, ..r,,.,.,...~oo; ..... o, ,,.~, the assessments as shown in the preliminary roll, as adjusted, shall stand affirmed and constitute a legal, valid and binding lien, coequal with other liens for county taxes, upon the property against which such assessment is made, from the time of adoption of the resolution at the initial public hearin,q as provided in subsection (a) above, until paid; provided, however, that upon completion of the improvements the Board '-~ ..... ccmmiss!c,-,crs shall credit to each of said assessments the difference in the assessment °"' .... ~' "-"' ..... ' [3assages az:e de'la'ced. Ondez:'lJ.r~ed [:)assag'es az:e added. - 17 - as originally made, approved and confirmed above and the proportionate part of the actual costs of said improvement to be paid by special assessments a_~s finally determined upon completion of said improvement; i provided that in no event shall the final assessments exceed by more than ten percent (10%) the amount ef--beP, efits originally assessed by the Board.,,~,' ......,,.·~,, ~mm~ss!cncrs without a further public hearing. Promptly after such the confirmation of the assessments, the fiP, a~ assessments shall be recorded by the clerk of the Board ,',' ..... *,, ' · ........ · comm:ss:c,-,:rs in a special book to be known as the "improvements lien book", and the record of the lien in said book shall constitute prima facie evidence of its validity. Notwithstanding the above, a copy of the resolution referred to above shall be recorded in the official records of the clerk of the circuit court of St. Lucie County so as to facilitate knowledge thereof by third parties. However, if the Board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in Section 1-13.5-11(i) of this Chapter, such recording shall not be required. · .r~,,, by which °~ .... '- ~u ..... " passages are deleted. Underlined passages are added. -18- The resolution approvin~ the prelimina~ assessment roll, as equalized, shall (0 state_~ the nature of the proposed improvements or se~J~s, ~ designate_~ the areas to be so improved or se~ed, (iii) state the method in which said assessments shall be made, and (iv) state when ~ the assessments are to be paid. ~ The resolution shall also ~ designate the lands upon which the special assessment shall be levied and shall ~ (ii) state the total estimated costs of the improvement or annual ~st of the se~i~s. Such The estimated costs shall include, but not necessarily be limited to, an estimate of ~nstru~ion costs, right-of-way ~sts, borrowing ~sts and consultant fees, permit fees, the ~st of prelimina~ and other su~eys, inspections, and superintendence of the work, the preparation of the plans and specifi~tions and the estimate, the printing, mailing, and publishing of notices and pro~edings, the preparation of ~,ifi~tes, bonds, the costs of collection of assessments, including dis~unts for prepayment and/or early payment, administrative ~sts and any other expense ne~ssa~ or proper to any of the foreRoin~. ~ .... 3. ~L ..... 1 passages are deleted Underlined passages are added. -19- Sec'don 1-13.5-8. Proceedings by county engineer subsequent to hearing (a-)Upon receiving authorization to proceed as provided for herein, the county engineer may publish requests for proposals for engineering services to prepare the plans, specification and cost estimates for the project, and (b) The budget officer/purchasing agent may publish requests for bids for construction and financing of the project pursuant to the plans and specifications. Section 1-13.5-9. Contracts. After the adoption of the resolution aDDrovin(~ the preliminary assessment roll as provided in Section 1-13.5-7 (8)(.q), above, ~,,,~,.--'--;.-,-. ~,~; .......... ~ th.- Board shall enter into such contracts and agreements with such companies, municipalities and special districts as the Board may determine are necessary to provide the improvements or services for which each unit authorized by this chapter was created. Section 1-13.5-10. Annual municipal services taxin.q unit taxes. In each year, before the levy of county taxes, the Board shall determine the amount required in the following fiscal year, in addition to the funds then available and to become available for such purposes, to pay the expenses of furnishing the improvements or services for which each municipal services taxin,q unit authorized by this chapter was created, and the amount so determined shall be specially assessed levied upon all lawfully taxable property within the unit. Such o""-'~-' ......... *o taxes shall be extended and collected at the same time and in the same manner as county taxes are ...... ~., passages are deleted. Underlined passages added. -20- are levied and collected, and shall have the same priority rights, bear interest, be subject to penalties, and be treated the same as county taxes, except that, in accordance with the second sentence of Article VII, Section 9(b), Florida Constitution, such ~ taxes shall be levied within the limits fixed for municipal purposes. The proceeds of such °~'~";~' .... ° ....+o taxes shall, when collected, be deposited and applied only to the purpose or purposes for which they were assessed levied. Section 1-13.$-11. Special assessments; collection. (a) Priority of lien, interest, method of payment of special assessments. Said The special assessments shall be payable at the time and in the manner stipulated in the resolution providing for said improvements or services; ~'-'." o'-,,~ .... :.-, ......... +~ assessments shall bear interest at a rate not to exceed the maximum rate permitted by law for such assessments from the ear-lier-ef (i) the date of approval of the resolution provided for in Subsection 1-13.5-7 (8)(d) above +~'~..... _......,.....~,-'-~'~,+~,,-~,........,-~ .......o~ .... ,.. ........... ~.., or (ii) such other date as may be fixed by the Board, and may, ~',, +~' ..... ,,,+~,~n ~, be made payable in equal annual installments as determined by the Board, if installments are allowed by the Board, to which installments, if not paid when due there shall be added a penalty at the rate of one (1) percent per month upon the due but unpaid principal portion of the installment(s), until paid; provided that said assessments may be paid without interest or additional amount at any time within thirty (30) days after (i) the i,,, ......... +; .....,~,+~.~ .~,,~ ,-,,-,+; ....... +;,,,., +h ..... ~,~o ~, .... ~,.,,.,+,,~ ~,,, ,,,,~., ~,v,,,~..,,,. ,~. v~..,,,~.,v,.v..~ ,.,,, ,~ ~ ,,,v,.,~,, .~,w~.,~,~,, ,~ ,., ,~.. ~,..~.,,,,,¥ , ,~.,,,,, ,.,..~v,, ,.~.,.~-~..,..=.~ ~$ 0 o o o ...... ~,, passages are deleted. Underlined passages added. -21- are ~ adoption of the resolution approving the preliminary assessment roll as provided in Section 1-13.5-7 (8)(.q) above or (ii) such other time as may be specified by the Board. Said The special assessment shall be payable at the St. Lucie County Finance Department or the St. Lucie County Tax Collector as provided by the Board. (b) Valid assessment to be made. If any special assessment made under the provisions of this chapter to defray pa~ of the expense of any improvement made o~ se~i~s provided hereunder shall be either in whole or pa~ vatted or set aside by the judgment of any cou~ or the Board shall be satisfied that any such assessment is so iffegular or defective that the same ~nnot be enforced or colle~ed or if the Board shall have omitted to make such assessment when it might have done so, the Board shall take all necessa~ steps to ~use a new assessment to be made for any improvement o~ se~i~ and against any prope~y specially benefited by such improvement or se~i~ following as nearly as may be the provisions of this chapter. In ~se such se~nd assessment shall be likewise invalid, the Board may obtain and make other assessments until a valid assessment shall be made. (c) Ce~ifi~te of indebtedness. At the termination of said thi~y (30) day period for payment of such spedal assessments, the clerk of the Board ~ may prepare separate ~ifi~tes of indebtedness against each lot, parcel or tract of land for which an assessment remains unpaid; and such separate ce~ifi~te of indebtedness shall ~ntain Struck thrcug]% passages are deleted. Underlined passages are added. -22- a description of the land together with the total amount of the assessment which shall be the amount assessed plus the cost of recordation of said certificate and recordation of satisfaction or cancellation thereof together with a statement of the general nature of the improvement or service for which the assessment has been made, the date thereof, the name of the fee simple owner of record and such further information pertaining thereto as the Board may determine. The said certificate shall be payable to the County of St. Lucie or any proper assignee or assignees thereof. Any assignment of certificate must appear on the certificate itself and also upon the books of the County of St. Lucie for such assignment to be legal and binding. The certificate shall bear interest at a rate not greater than the maximum rate permitted by law for such assessments, as may be determined by the Board and shall be payable annually from date thereof, in equal and annual installments of principal, together with interest accrued upon the principal remaining outstanding and unpaid, in equal annual installments, the number of installments, if any, to be determined by the Board, provided, however, that any certificate may be paid at any time by payments of the total unpaid principal thereof together with interest computed to the date of payment. (d) Issuance of certificates of indebtedness. The certificates, when issued, shall be signed by the chairman of the Board of 6County 6Commissioners of St. Lucie County, or in the event of his absence or other incapacity, by the vice-chairman of said the Board and signed by the ~Clerk of the ~Circuit 6Court of St. Lucie county as said the clerk, and as clerk of said Board, or, in the event of his absence, by an assistant clerk. The seal of said clerk shall be affixed thereto. The signature of the chairman or vice-chairman shall Struck tkrcu~k passages are deleted. Underlined passages are added. -23- be acknowledged before a notary public for the State of Florida and upon which acknowledgement of the same shall be entitled to being recorded in the office of the clerk of the circuit court of St. Lucie County, Flodda. Any notary duly commissioned by the State of Florida may take and certify such acknowledgement to be made by the chairman or vice-chairman; and in this respect, the clerk or assistant clerk, if such person be a duly commissioned notary public may take and certify such acknowledgement for which the clerk or assistant clerk shall receive no compensation other than the compensation which may be paid to him in his capacity as clerk or assistant clerk. (e) Alternate method of financing improvements(s). As an alternative to issuing certificates of indebtedness as set out in subsections (c) and (d) above, the Board may, as a means of financing improvements, (i) enter into pled(je loan agreements with local financing institutions to pledge the revenues from the special assessments, or (ii) issue bonds, in the manner provided by ordinance, secured by the proceeds of the special assessments. VVhere bonds are issued secured by the proceeds of special assessments, to the unpaid principal of the assessments may be added (a) interest at a rate not to exceed one percent (1%) in excess of the interest rate on the bonds and (b) such amounts as are necessary to pay (i) the fees and expenses of the Tax Collector an~ Property Appraiser in connection therewith and (ii) to allow for discounts for early payment of assessments collected pursuant to Chapter 197.3632, Florida Statutes. (f) Default on special assessment. Failure to pay any installment of principal or interest or any part thereof when the same shall become due and payable, shall cause, without notice or other proceedings, all installments of principal then remaining unpaid to O o o~ ...... ~,, passages are deleted. Underlined passages added. -24- are be immediately due and payable, and may subject the property to which such assessment relates to foreclosure. The County of St. Lucie or the holder of the certificate may proceed to enforce the lien of such assessment as hereinafter provided or may cause the amount of such assessment to be paid from other funds or sources in the discretion of the Board ,',~ ..... ....... , ~mmi==ic,-,crs. Immediately upon default in any payment an additional lien for the cost of enforcement thereof, including court costs, abstract costs and reasonable attorneys' fees shall accrue and mature. Enforcement of such assessments may be by suit in equity brought in accordance with the Florida Rules of Civil Procedure or by any other lawful legal process or procedure then available for enforcement pursuant to the laws of the State of Florida. In any event, the final decree or judgment shall include the amount of principal remaining due and unpaid upon such assessment, together with any interest accrued thereon, and, if bonds secured by such assessment are outstanding, interest and redemption premium, if any, to accrue on such bonds to the earliest date in which such bonds may be called for redemption, together with all costs including abstract fees and attorneys' fees as aforesaid. The foreclosure proceeding brought hereunder shall be prosecuted to a sale and conveyance of the property involved in said proceedings as provided by law in suits to foreclosure mortgages. (g) Assessment roll sufficient evidence. Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this chapter shall not affect the validity of the same where the assessment roll has been confirmed by the Board. The assessment roll as finally approved and confirmed -~ruc.; through passages are deleted. Underlined passages are added. -25- shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to the adoption of the said assessment roll were duly had, taken and performed as required by this chapter. No variance from the directions of this chapter shall be held material unless it be clearly shown that the party objecting was materially injured thereby. (h) Payments. Billing, receiving and accounting for the payment of assessments shall be the responSibility of the Clerk of the Circuit Court or the St. Lucie County Tax Collector as provided by the Board. A record of payments and balances shall be kept for each property assessed. A tabulation of accounts shall be provided by the GC__lerk of the G__Circuit GCourt or the St. Lucie County Tax Collector. (i) Optional method of collecting special assessment. As an alternative method of collecting special assessments to that specified above, the Board may, pursuant to the provisions of sections 197.3632 and 197.3635, Florida Statutes, as amended, use the uniform method of collecting special assessments specified in those sections. For the purposes of determining the amount of the special assessment lien in disbursing the proceeds from tax sale deeds, the lien of record against any property shall be deemed to be the amount as shown in the resolution referred to in Section 1-13.5-7(h), reduced by the amount of any principal therefore paid and increased by the amount of any interest and cost of collection if delinquent. If any assessment is paid in part, but not in full, such partial payment shall reduce the total principal amount of assessments due but shall not reduce the annual payments (except for the final payment) due on such assessments or St~.~'..- ~=~.,~_~,,~ passages are deleted. Underlined passages added. -26- are postpone the due date for the next scheduled payment of assessments after such partial payment. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green Vice-Chairman Ken Sattler Commissioner Havert L. Fenn Commissioner Gary D. Charles, Sr Commissioner Cliff Barnes AYE AYE AYE AYE AYE S~-~k- .... ' through passages are deleted. added. - 2 7 - Underlined passages are PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 6th day of June, 199,5. BOARD OF COUNTY COMMIS~ONERS ( -'?il,,..,,., ~,/1~_~.:~.....~' ,. addedStruck ~ ...... ..... ~,,= passages are deleted. Underlined passages are · -28- .'~JoA~ne Holman, Cle'~ of the Circuit Court - St Lucie County r~le Number: 14~ 2855 0R BOOK O9~ F PAGE 2254 Recorded: 07-31-95 12:12 P.M. ORDINANCE NO. 95-15 AN ORDINANCE AMENDING SECTION 1-16-42 (ORGANIZATION), OF ARTICLE III (HISTORICAL C0~4ISSION) , OF CHAPTER 1-16 (PLANNING) , OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; BY INCREASING THE NUMBER OF MEMBERS OF THE HISTORICAL C0~ISSION TO ELEVEN (11); AND AMENDING THE APPOINTMENT AND TERMS OF MEMBERS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITYANDAPPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01 (1) (f), Florida Statutes, empowers the Board of County Commissioners of St. Lucie County to establish a county historical commission. 2. On May 1, 1984, the Board adopted Ordinance No. 84-05, creating the St. Lucie County Historical Commission. On June 11, 1991, the Board adopted Ordinance No. 91-10 which clarified the organization and duties of the Historical Commission. 3. On June 15, 1993, the Board adopted Ordinance No. 93-18, which amended Section 1-16-42(b) regarding the term of members of the Historical Commission. 4. This Board has determined that it is necessary to further amend Section 1-16-42 (Organization), by increasing the number of members and amending the appointment and terms of members of the Historical Commission. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ri ~ St k~ through passages are deleted. added.' 1 Underlined passages are BOOK O967 PAGE 2255 PART A. AMENDMENT OF SECTION 1-16-42 (ORGANIZATION) OF ARTICLE III (HISTORICAL COMMISSION) OF CHAPTER 1-16 (PLANNING) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-16-42, of Article III, of Chapter 1-16, of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: CHAPTER 1-16 PLANNING ARTICLE III. HISTORICAL COMMISSION SECTION 1-16-42. ORGANIZATION. (a) Composition, qualification of members. The historical commission shall be composed of five (5) members individually appointed by each of the county commissioners, the president of the St. Lucie Historical Society or his designee, the president of St. Lucie Village Heritage or his designee, a representative of the White City Improvement Club representing th~ Historical Group of White City, a representative from the City of Port St. Lucie Historical Group representing the City of Port St. Lucie, and two (2) members at large recommended by the other scvcn (7) nine (9) members of the historical commission and appointed by the board of county commissioners. 0nly one (1) member from a family may be appointed. Family is defined as husband, wife, grandparents, parents, stepparents, brothers, step-brothers, half- brothers, sisters, stepsisters, half-sisters, children and stepchildren. In selecting citizens to serve on this historical commission, the board of county commissioners may consider the recommendation of the historical commission, if any, and the interest and documented knowledge of such citizens in the history, cultural lore and development of the county. (b) Appointment of members; terms; vacancies; failure to attend meetings The ~~ ........ 1 appointments to the Historical Commission shall be as follows: /1 \ ~ ................... ~ ....... for a tcrm uf ~-~ ~ ~ ..... ~' passages are deleted added. 2 Underlined passages are BOOK 0967 ~ 'GE 2256 (3) (1) (2) The ~two_ (2) at large members shall be appointed for terms of ~ .... '~ two (2) years Members appointed by the St. Lucie Historical Society,_ and the St. Lucie Village Heritage, the White City Improvement Club, and a representative from the City of Port St. Lucie Historical Group shall be appointed for terms of four (4) years. Thcrcafter, ~he term of members appointed by individual county commissioners shall coincide with the term of the commissioner making the appointmentT ..... ~ ...... ~ ................ ~c~rs With the exception of members appointed to fill vacancies as provided herein, each member's term shall begin on December 1 of the year of his appointment. Members may serve more than one (1) term if reappointed, but no member shall be reappointed for more than two (2) consecutive terms. Provided, however, when a county commissioner leaves office prior to the end of his term, his successor may replace the member appointed by him with an individual of his choosing who shall complete the unexpired term of the replaced member. Upon reelection to another term, a county commissioner shall determine whether to reappoint the individual or replace him with another individual of his choosing. Appointments to fill any vacancy on the Historical Commission shall be for the remainder of the unexpired term of office. If any member fails to attend three (3) successive meetings without cause and without prior approval of the Chairman, the Historical Commission shall .... 2~ through passages are deleted. Underlined passages are added. 3 BOOK 0967 r GE 2257 declare the member's seat vacant. Any member of the Historical Commission may be removed by the Board of County Commissioners at any time provided, however, that before such removal said member shall be provided written charges and given an opportunity to appear in his defense at a public meeting. Upon removal of a member or vacancy created by a member's resignation or declaration of the Historical Commission, the member's respective appointing body ~hall immediately replace him with another appointee. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted .prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and St ~k~ ~ ..... ~ passages are deleted. added. 4 Underlined passages are · . OR' BOOK 0967 P.~'E 2258 Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green AYE Vice-Chairman Ken Sattler AYE Commissioner Havert L. Fenn AYE Commissioner Cliff Barnes AYE Commissioner Gary D. Charles, Sr. AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 18th day of July, 1995. ~ ,~ B_OARD OF COUNTY CO~SSIONERS Strik~ through pass~~)~eted. ;' Un~rlined/Passages are' added. . - ~" ~R BOOK 096~' PAGE 2259 St~ k~ through passages are deleted. added. 6 Underlined passages are JoAnne Holman, Clerk ~ the Circuit Court - St. File Number: 141~ 838 OR BOOK O96~ Recorded: 07-20-95 11:24 A.M. cie County PAGE 07 2 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 37 38 39 41 ORDINANCE 95-017 An Ordinance amendin~ Article IV, Chapter 1-10.5, State Housing Initiatives Partnership Program~ St. Lucie County Code and Complied Laws by amending Section 1-10.5-37, Authority and Purpose, by deleting the delegation of the County's funds to the City of Port St. Lucie; by amending Section 1-10.5-38, Definitions, by deleting the current definitions and adding a statement of consistency between the definition of words and terms in this section with those found in Chapter 91.37, Florida Administrative Code; by deleting Section 1-10.5-41, Delegation to the City of Port St. Lucie for the Administration of the Local Housing Assistance Program; by deleting Section 1-10.5-43, Distribution of Funds; by deleting Section 1-10.5-44, Interlocal Agreement, Providing for Conflicting Provisions; Providing for Severability and Applicability; Providing for Filing with the Department of State; Providing for Effective Date; Providing for Adoption; and Providing for Codification. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: On June 15, 1993, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 93-017, establishing the Chapter 1-10.5, Article IV, State Housing Initiatives Partnership of St. Lucie County (SHIP-SLC). Through the provisions of Ordinance 93-017 the Boards annual funding allocation from the State Housing Initiatives Partnership (SHIP) program for fiscal years-1993/94 and 1994/95 has been disbursed to the City of Port St. Lucie for use within the limits of Port St. Lucie and for that unincorporated area south of Midway Road. Underline is for addition __ri..= m~ ..... ~ is for deletion Ordinance 95-017 Page 1 Draft %1 Print Datel 4/6/95 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 The Board has determined that it is now desirous of establishing a program for the distribution of SHIP funds within the entire unincorporated areas of St. Lucie County. On April 25, 1995, this Board held a public hearing on the proposed Ordinance, after publishing a notice of such hearing in the St. Lucie Tribune on April 10, 1995. The Board has determined that the County's share of the State Housing Initiatives Partnership (SHIP) program funds for fiscal years 1995/96 through 1997/98 can be most effectively and efficiently used in the County's program and therefore desires that the Florida Housing Finance Agency disburse the County's FY 1995/96, 1996/97, 1997/98 allotment of SHIP funds directly to the County for the County to administer in accordance with its approved Housing Assistance Program. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFC AMENDMENTS TO CHAPTER 1-10.5, ARTICLE IV, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, INCLUDE: Section 1-10.5-36. TITLE. This Ordinance shall be know as "State Housing Initiatives Partnership Program of St. Lucie County, Florida": (SHIP-SLC). Section 1-10.5-37. AUTHORITY AND PURPOSE. Pursuant to Section 420.9072, Florida Statutes and Chapter 91-37.004, Florida Administrative Code, to be eligible to receive its share of the local housing distribution, the County is adopting this Ordinance to create an affordable housing assistance trust fund, Underline is for addition £trikc-~_..rcu~..=~ is for deletion Ordinance 95-017 Page 2 Draft %1 Print Date~ 4/6/95 o o 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 establish a Local Housing Assistance Program, designate responsibility for the implementation and administration of the Local Housing Assistance Program and create an affordable housing advisory committee. ~_ 4.~A ~ .... 4._ ~._ Section 1-10.5-38. DEFINITIONS. For the purposes of this Ordinance, the definitions contained in Chapter 91-37, Florida Administrative Code, as they may be amended from time to t~me, are adopted herein by reference. Section 1-10.5-39. CREATION OF AFFORDABLE EOUSINGASSISTANCE TRUST FUND. The Local Housing Assistance Trust Fund is hereby created and established as required pursuant to Section 420.9072, Florida Statutes. Underline is for addition Strike Through is for deletion Ordinance 95-017 Page 3 Draft ~1 Print Date: 4/6/95 0 N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 Section 1-1.5-40. ESTABLISHMENT OF A LOC.%L HOUSING ASSISTANCE PROGRA~ AND PARTNERSHIP. The Local Housing Assistance Program and Partnership is hereby created and established as required pursuant to Section 420.9072, Florida Statutes. Section 1-10.5-42. CREATION OF THE AFFORDABLE ADVISORY CO~ITTEE. HOUSING The Affordable Housing Advisory Committee is hereby created and established as required pursuant to Section 420.9072, Florida Statutes. Underline is for addition ~ is for deletion Ordinance 95-017 Page 4 Draft %1 Print Date~ 4/6/95 0 0 N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPART]4ENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE This Ordinance shall take effect no sooner than 30 days after its adoption. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green Vice-Chairman Ken Sattler AYE AYE Page 5 Print Dates 4/6/95 Underline is for addition Striku Through is for deletion Ordinance 95-017 Draft %1 0 o 0 ,,] ~, 4 ..,,;; 5 ,-; 11 '" 12 ":': 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Commissioner Cliff Barnes AYE Commissioner Havert L. Fenn AYE Commissioner Gary Charles AYE PASSED AND DULY ENACTED THIS ATTEST 25TH DAY OF APRIL, BY: /a i~m~n APPROVED~AS TO FORM ~N~ CORRECTNESS: ~ / ) 1995 COtmT C t ,;iisSIONEaS ST. LUCIE COUNTY, ~LORIDA . DJM 0R95-17a(a5) Underline is for addition Strike Thrcugh is for deletion Ordinance 95-017 Page 6 Draft %1 Print Datel 4/6/95 JoAnne Holman, Cler]' f the Circuit Court - St. File Number: 140 ~822 OR BOOK 096_ Recorded: 06-20-95 11:43 A.M. lcie County PAGE I 4 5 2 ORDINANCE NO. 95-18 AN ORDINANCEAMENDING SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION ! (GENER/~T.T.Y) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON ANGLE ROAD (BOTH SIDES) FROM ITS INTERSECTION OF ORANGE AVENUE NORTH TO ITS INTERSECTION WITH AVENUE B; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTI~CNT OF STATE; PROVIDING FOR ANEFFECTIVEDATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. After conducting a traffic safety study on Angle Road, the Traffic Operations Section of the Road and Bridge Division of the Public Works Department has recommended that parking be prohibited on Angle Road (Both Sides) from its intersection of Orange Avenue North to its intersection with Avenue B. 3. The Engineering Division of the Public Works Department has approved the recommendation and the St. Lucie County Sheriff's Department has concurred with the recommendation. 4. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to prohibit parking on Angle Road (Both Sides) from its intersection of Orange Avenue North to its intersection with Avenue B. NOW, THEREFORE, BE IT ORDAINED by the Board of County ...... ~,, passages added. are deleted. --1-- Underlined passages are OR BOOK 0961 ~E 1453 Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING ~ESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENEP~aT.T.Y) OF ARTICLE II (STOPPING, STANDING AND PA~KING) OF CHAPTER 1-20 (TP~%FFIC). Section 1-20-17 of Division i of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-17. Parking restricted on certain streets. (a) (b) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Anqle Road," (Both sides) from its intersection of Oranqe Avenue North to its intersection with Avenue B. "Angle Road," within three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road," within three hundred (300) feet on either side of the entrance to Westwood High School. "Arnold Road," the entire length of the right-of-way, from South 35th Street West to South 39th Street. "Atlantic Beach Boulevard," the entire length of the right-of-way, from Shorewinds Drive to its end, North Jetty. "Avenue D," within three hundred (300) feet of its intersection with Angle Road. "Avenue Q," within two hundred intersection with Angle Road. (200) feet of its ...... ~.. passages are deleted. added. -2- Underlined passages are OR BOOK O961 ~GE 1454 "Beach Avenue," (East side), within one hundred (100) feet of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred (100) feet South of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred fifty (150) feet North of its intersection with Shady Lane. "Bell Avenue," (South side), from the intersection of Oleander Avenue Westerly approximately seven hundred (700) feet. "Chamberlin Blvd.," (North side), from one hundred forty (140) feet East of its intersection with U. S. Highway #1 (S.R. 5) for a distance of three hundred (300) feet to a point four hundred forty (440) feet East of its intersection with U. S. Highway #1 (S. R. 5). "Darter Court," (Both sides), from its intersection with Okeechobee Road to the East end. "Edwards Road," from Will Fee Road West to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way, from West 1st Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Everglades Blvd.," (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714') feet. "Flamingo Boulevard," the entire length of the right-of- way. "Glades Cut-Off Road," five hundred (500) feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. "Glades Cut-Off Road," within three hundred fifty (350) feet in all directions of its intersection with Midway Road. "Indrio Road," (Both sides), from the projected center- line of Indian Pines Village Entrance five hundred (500) feet East and five hundred (500) feet West; for a total distance of one thousand (1,000) feet. ~ruc.: througl% passages added. are deleted. --3-- Underlined passages are OR BOOK O961 GE 1455 "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue (SR 68). "Midway Road," (South side) within three hundred (300) feet of its intersection with 25th Street. "Midway Road," within three hundred fifty (350) feet in all directions of its intersection with Glades Cut-Off Road. "Moorings Lane," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "North Ocean Drive," the entire length of the right-of- way, from Sea Oats Drive to Shorewinds Drive. "Oak Drive," the entire length of the right-of-way. "Oleander Avenue," from the entrance to the State Farmers Market, Southerly approximately five hundred (500) feet. "Oleander Avenue," (East side), from West 1st Street to just South of the White School property, Monday through Friday, between the hours of 7:0 a.m. and 4:00 p.m. only. "Peters Road," (Both sides), from its intersection of State Road 70 (Okeechobee Road) for the entire length to the end of the existing pavement. "Sea Oats Drive," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "Shady Lane," within one hundred (100) feet of its intersection with Beach Avenue. "Shorewinds Drive," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "South 33rd Street," (West side), the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. "South 35th Street," (West side), for a distance of one hundred sixty-five (165') feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170') feet South of the Centerline of Arnold Road. "South 36th Street," the entire length of the right-of- way, from Virginia Avenue South to Arnold Road. "Tamarind Drive," the entire length of the right-of-way, ...... '- tkroug]% passages added. are deleted. --4-- Underlined passages are OR BOOK O961 GE 1456 (c) (d) from Shorewinds Drive to Flamingo Boulevard. "Tumblin Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "Weatherbee Road," (Both sides), from its intersection of U. S. Highway #1 East to its intersection with Pressler Lane. "West 2nd Street," (North side), from Elm Avenue East to Oleander Boulevard, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," entire length of right-of-way, from Elm Avenue West to Cypress Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "Windham Lane," the entire length of the right-of-way, from Atlantic Beach Boulevard to Oak Drive. "50th Street," within two hundred (200) feet of its intersection with Angle Road. The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. Penalties for violation of this section shall be in accordance with State law. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. S~VERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or ...... ~.. passages are deleted. Underlined passages are added. --5-- OR BOOK 0961 GE 1457 declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Denny Green Vice Chairman Ken Sattler Commissioner Cliff Barnes Commissioner Havert L. Fenn AYE AYE AYE AYE PART G. Commissioner Gary D. Charles, Sr. AYE CODIFICATION. Provisions of this ordinance shall be incorporated in the Code Struck added. ...... ~.. passages are deleted. -6- Underlined passages are OR BOOK 0961 ~GE 1458 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 6th day of June, 1~5. ATTEST: DEPUTY. CLE ~RK Struck added. '~---~.,= passages are deleted. -7- Underlined passages are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 95-022 AN ORDINANCE AMENDING, A~TICLE V, CHAPTER 1-6.5, EDUCATIONAL FACILITIES IMPACT FEE, ST. LUCIE COUNTY CODE AND COMPLIED LAWS BY AMENDING SECTION 1-6.5-51, SHORT TITLE, AUTHORITY AND APPLICABILITY; BY AMENDING SECTION 1-6.5-~6, FEE SCHEDULE; BY AMENDING SECTION 1-6.~-~8, USE OF FUNDS; BY AMENDING SECTION 1-6.$-61, REVIEW; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVEP~%BILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: On August 5, 1988, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 88-16, imposing an educational facilities impact fee in St. Lucie County. On February 16, 1993, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 93-003, amending the educational facilities impact fee ordinance to account for certain editorial and legislative reference changes. ® On July 20, 1995, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing two notices in The Port St. Lucie News and The Tribune at least fifteen (15) days prior to the hearing and recommended that the proposed ordinance be adopted as drafted. On August 15, 1995, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and the Port St. Lucie News on July 26, 1995 and August 9, 1995. On September 5, 1995, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and the Port St. Lucie News on August 19, 1995 and August 31, 1995. Underline is for addition ~~'~ is for deletion Ordinance 95-022 Page 1 Final Print Date: 9/5/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 The proposed amendments to Article V, Educational Facilities Impact Fees are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Article V, Chapter 1-6.5, Sections 1-6.5-51 through 1-6.5-61, of the St. Lucie County Code and Compiled Law is amended to read as follows: ARTICLE V. EDUCATIONAL FACILITIES IMPACT FEE SeC. 1-6.5-51. Short title, authority, and applicability. (a) This article shall be known and may be cited as the "educational facilities impact fee ordinance". (b) The board of county commissioners has the authority to adopt this article pursuant to Article VIII of the Constitution of the State of Florida, and Chapter 125 and sections 163.3201, 235.19, and 235.193 of the Florida Statutes. lc) This article shall apply to all areas of St. Lucie County in a manner consistent with the opinion of the Florida Supreme Court in St. Johns County v. Northeast Florida Builders Association, Inc. 583, So, 2nd 635 (Fla. 1991) Sec. 1-6.5-52. Intents and purposes (a) This article is intended to implement and be consistent with Underline is for addition Strike Thrc'4~h is for deletion Ordinance 95-022 Page 2 Final Print Date: 9/5/95 o o 0 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 (b) (c) (d) the St. Lucie County Comprehensive Plan. 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 educational facilities as contemplated by the St. Lucie County Comprehensive Plan. This article is intended to implement the policies established in section 235.193, Florida Statutes. 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. Sec. 1-6.5-53. Rules of cons%ruction. (a) The provisions of this article 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 purposed of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article: (1) In case of any difference of meaning or implication between the text of this article and any caption, illustration, summary table, or illustrative table, the text shall control. (2) The word "shall" is always mandatory discretionary; the word "may" is permissive. and not (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 Underline is for addition £trikc Tkrcugh is for deletion Ordinance 95-022 Page 3 Final Print Date: 9/5/95 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (5) (6) (7) (8) (9) for", "maintained for," or "occupied for." The word "person" includes and individual, a corporation, a partnership, an incorporated association, or any other similar entity. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the 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 apply. (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, conditions, provisions, or events shall apply singly but not in combination. 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. "County administrator" means the county administrator and/or the county or municipal official he/she may designate to carry out the administration of this article. The land use types listed in section 1-6.5-56 shall have the same meaning as under the county zoning regulations. Sec. 1-6.5-54. Definitions. 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. A feepayer is a person commencing a land development activity by applying for the issuance of a building permit to construct Underline is for addition Strlkc Thrcu~h is for deletion Ordinance 95-022 Page 4 Final Print Date: 9/5/95 o 0 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 a residential unit or by applying for an electrical permit for a mobile home or recreational vehicle. Residential unit is any building or structure or portion thereof, or any mobile home or recreational vehicle, that is designed for or used for residential purposed by a single housekeeping unit. Sec · 1-6.5-55. IMPOSITION Any person, after the effective date of this article, seeks to make any improvement to land by applying for a building permit for a residential unit or an electrical permit for a mobile home or recreational vehicle used for residential purposes shall be required to pay and educational facilities impact fee in the amount set forth in this article. No such building or electrical permit shall be issued unless and until the educational facilities impact fee hereby imposed has been paid pursuant to section 1-6.5-57 of this article. Sec. 1-6.5-56. Fee schedule. The amount of the fee shall be determined by the following fee schedule. The fees shown on the schedule reflect ~ pcrccnt an initial discount of 50 percent in the first year, which discount would decline incrementally to 15 percent for calender year 2000 and subsequent years. Schedule of Educational Facilities Impact Fees (Effective through December 31, 1995) Residential Land Use Type Impact Fee Per Residential Unit Single-family dwelling Multifamily, 1 or 2 stories Multifamily, 3 stories or more Mobile home/recreational vehicle Other residential $ 452.00 $ 312.00 $ 269.00 $ 40.00 $ 452.00 (Effective January 1, 1996, and each subsequent year, as shown) Underline is for addition Strike Through is for deletion Ordinance 95-022 Page 5 Final Print Date: 9/5/95 0 0 0 1 2 8ingle Fami~ Per Un~ $1.600 $ 800 $ 960 $1.120 $1.280 $1.360 MuRi-Fami~ Per Unit $1.215 $ 608 $ 729 $ 851 $ 972 $1.033 Mobile Homes/RV Per UnR $ 363 $ 182 $ 218 $ 254 $ 290 $ 309 (MHP/RV Pa~ only) HoteFMotel Per U~ff $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Other residential Per Un~ $1,600 $ 800 $ 960 $1.120 $1.280 $1.360 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 most nearly comparable type of land use on the above fee schedule. Sec. 1-6.5-57. Paymen~ of fees; credits. (a) The person applying for the issuance of a building permit or an electrical permit for a mobile home or recreational vehicle shall pay the fee to the county administrator prior to the issuance of a building permit or an electrical permit for mobile home or recreational vehicle. (b) In lieu of or part of an educational impact fee payable pursuant to this article, the school board may accept an offer of a feepayer 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 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 the property in a sum to be agreed upon by the board. Underline is for addition o+_~,.~ ~ ..... ~ is for deletion Ordinance 95-022 Page 6 Final Print Date: 9/5/95 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 o 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (d) (e) (2) 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 196.265, Florida Statutes, as the same may be amended, or the payment of the taxes for the year. (4) The issuance of a title insurance policy subsequent to recording of the deed and escrow of taxes. 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 feepayer or the feepayer's predecessor in interest shall be determined as provided in such agreement. 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. 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 other than for educational facilities. No credit shall exceed the amount due for the educational facilities impact fee. Sec. 1-6.5-58. Use of funds. (a) The funds collected by the county and municipalities located therein shall be remitted at least monthly to the school board of the county. The collecting governmental unit shall be entitled to retain up to but not more than three (3) per cent 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 the county shall be spent solely to meet the educational facilities necessitated by new development. Underline is for addition £trikc Thrcugk is for deletion Ordinance 95-022 Page 7 Final Print Date: 9/5/95 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (c) The board of county commissioners and the school board of the county will enter appropriate interlocal agreements between or among themselves and the governing bodies of the municipalities in the county to provide for the collection of fees ~mposed and to ensure proper use of the funds collected pursuant to this article. 1-6.5-59. Refund of fees paid. (a) If a building permit or electrical permit expires, then the feepayer, his heirs, successors, or assigns shall be entitled to a refund of the impact fee paid as a condition for its issuance, except that the school board of the county shall retain three (3) per cent of the fee to offset the cost of refunding, and the collecting governmental unit shall retain three (3) per cent of the fee to compensate for the cost of collection and administration. (b) Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the educational impact fee payment was received shall, upon application of the current owner within one hundred eighty (180) days of the expiration of the ten-year period, be refunded to the current owner by the school board of the county with interest at the rate of six (6) per cent per annum. Sec. 1-6.5-60. Exemptions. The following shall be exempted educational facilities impact fee: from payment of the (1) (2) (3) Alteration or expansion of an existing residential building where no additional residential unit is created and where the use is not changed. The construction of accessory buildings or structures. The replacement of a residential land use unit with a new unit of the same type and use. (4) The construction of adult facilities or residential structures in which minors cannot reside because of enforceable land use restrictions. Underline is for addition o~~,~ is for deletion Ordinance 95-022 Page 8 Final Print Date: 9/5/95 o o 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 An exemption must be claimed by the feepayer at the time of the issuance of a building permit or electrical permit. Any exemption not so claimed shall be deemed waived by the feepayer. Sec. 1-6.5-61. Review The educational facilities impact fee schedule shall be reviewed by the Board of County Commissioners no later than June 1996, in January 1998 an~ in January of each fiscal biennium thereafter. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, includinq the incorporated areas even in the absence of interlocal aqreements with the affected m,nicipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. Underline is for addition St~].~ Tk~v~h is for deletion Ordinance 95-022 Page 9 Final Print Date: 9/5/95 0 o 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 The Clerk be and 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. PANT F. EFFECTIVE DATE. The amendments to shall ordinance. take effect upon adoption of this PANT G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler NAY Commissioner Havert Fenn AYE Commissioner Gary D. Charles, Sr. NAY Commissioner Cliff Barnes AYE PANT H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 H shall not be codified. PA~SED AND DULY ENACTED this 5th day of September, 1995. BOARD OF COUNTY COMMI$SIONEP~ Underline is for addition °~-~ .... ~ ...... is for deletion Ordinance 95-022 Page 10 Final Print Date: 9/5/95 o o o 1 2 3 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ATTEST: ST. LUCIE COUNTY, FLORIDA; - CK~IHNAN 0 ESS. /  '~// OR95-22c(a10) DJM Underline is for addition °+~ .... ~ ...... is for deletion Ordinance 95-022 Page 11 Final Print Date: 9/5/95 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 95-023 AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE CREATION OF ARTICLE III OF CHAPTER 1-15 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES ESTABLISHING A PARKS iMPACT FEE ON LAND DEVELOPMENTACTIVITIES iN ST. LUCIE COUNTY BY CREATING SECTION 1-15-31, PROVIDING FOR A SHORT TITLE, STATING AUTHORITY ANDAPPLICABILITY OFTHE ORDINANCE; BY CREATING SECTION 1-15-32, PROVIDING FOR THE INTENT AND PURPOSES; BY CREATING SECTION 1-15-33, PROVIDING RULES OF CONSTRUCTION; BY CREATING SECTION 1- 15-34, PROVIDING DEFINITIONS; BY CREATING SECTION 1-15- 35, PROVIDING FOR THE IMPOSITION OF PARKS IMPACT FEE; BY CREATING SECTION 1-15-36, PROVIDING FOR COMPUTATION OF THE AMOUNTOFTHE PARKS IMPACT FEE; BY CREATING SECTION 1-15-37, PROVIDING FOR PAYMENT OF FEES; BY CREATING SECTION 1-15-38, PROVIDING FOR CREDITS; BY CREATING SECTION 1-15-39, PROVIDING FOR INDEPENDENT PROPERTY APPRAISAL; BY CREATING SECTION 1-15-40, PROVIDING FOR PROPERTY REVIEW APPRAISALS; BY CREATING SECTION 1-15-41, PROVIDING FOR THE CREATION OF PARKS IMPACT FEE DISTRICTS; BY CREATING SECTION 1-15-42, PROVIDING FOR THE ESTABLISHMENT OF PARK IMPACT FEE TRUST FUNDS; BY CREATING SECTION 1-15-43, PROVIDING FORTHE USE OF FUNDS; BY CREATING SECTION 1-15-44, PROVIDING FOR REFUND OF UNEXPENDED FUNDS; BY CREATING SECTION 1-15-45, PROVIDING FOR EXEMPTIONS; BY CREATING SECTION 1-15-46, PROVIDING FOR APPEALS; BY CREATING SECTION 1-15-47, PROVIDING FOR REVIEW AND AUTOMATIC ADJUSTMENT OF FEES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the St. Lucie County Comprehensive Plan establishes that land development shall not be permitted unless adequate capital facilities exist or are assured; and WHEREAS, the St. Lucie County Comprehensive Plan establishes that land development shall bear a proportionate share of the Ordinance #95-023b Parks Impact Fee - Final Underline is for addition £trik= Thrcu~h is for deletion Page 1 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 cost of the provision of the new or expanded facilities required by such development; and capital W~EREAS, Objective 9.1.2 of the St. Lucie County Comprehensive Plan establishes that the imposition of impact fees is one of the preferred methods of ensuring the enhancement and development of its recreational programs and facilities; and W~ER~AS, Policy 9.1.2.1 of the St. Lucie County Comprehensive Plan provides that the County shall pursue development and enactment of a fully operational impact fee program by December 31, 1995; and W~EREAS, Policy 11.1.1.19 and Policy 11.1.1.20 of the St. Lucie County Comprehensive Plan establishes minimum level of Service Standards for Parks and Recreation Services for St. Lucie County; and W~ER~AS, Policy 11.1.1.35 of the St. Lucie County Comprehensive Plan recognizes the adopted minimum level of Service Standards for Parks and Recreation Services for Ft. Pierce, Port St. Lucie and St. Lucie Village; and W~RF~AS, Policy 11.1.2.4 of the St. Lucie County Comprehensive Plan recognizes the obligation of future development in the community to be responsible for paying 100% of its capital facility/improvement impacts; and W~EREAS, the Florida Legislature through the enactment of Section 163.3202(3), Florida Statutes, has sought to encourage local governments to enact impact fees as land development regulations; and W'~ER~AS, on September 7, 1995, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in The Port St. Lucie News and the Ft. Pierce Tribune at least ten (10) days prior to the hearing and found that the intent of the proposed ordinance was consistent with the Objectives and Policies of the St. Lucie County Comprehensive Plan. W~EREAS, on September 19, 1995, this Board held a public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and Port St. Lucie Underline is for addition £trikc Tkrcu~h is for deletion Ordinance #95-023b Page 2 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 News on September 7, 1995. WHEREAS, the Board of County Commissioners of St. Lucie County has determined that St. Lucie County must expand its parks system in order to maintain current parks standards if new development is to be accommodated without decreasing current standards; and WHEREAS, the Board of County Commissioners has reviewed and accepted a Technical Memorandum on the Methods used to Calculate Law Enforcement, Library, Public Buildings, and Recreation and Park Impact Fees dated May 1995, prepared by Dr. James Nicholas, PhD. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie County: Part A. ARTICLE III "PARKS IMPACT FEE" OF CHAPTER 1-15 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED AS FOLLOWS: Section 1-15-31. Short Title, Authority, and Applicability. This ordinance shall be known and may be cited as the "Parks Impact Fee Ordinance" B o The Board of County Commissioners of St. Lucie County has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and to Chapter 125 Co and Sections 163.3201 and 163.3202(3) Florida Statutes. This article shall apply to all areas of St. Lucie County, even in the absence of interlocal aqreements with the affected municipalities. Section 1-15-32. Intents and Purposes. This chapter is intended to implement and be consistent with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan. Underline is for addition Strlkc Through is for deletion Ordinance #95-023b Page 3 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 S o Co The purpose of this chapter is to requlate 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 Drovide parks in St. Lucie County as contemplated by the St. Lucie County Comprehensive Plan. The Florida Leqislature throuqh the enactment of Section 163.3202, Local Government Comprehensive Planninq and Land Development Requlation Act and Section 380.06(16) of the Environmental Land and Water Manaqement act, Florida Statutes Chapters 163 and 380, respectively, has souqht to encouraqe local governments to enact impact fees as a part of their l~nd development requlation proqram. Section 1-15-33. Rules of Construction. ao The provisions of this ordinance shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare. Bo For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the followinq rules of construction shall apply to the text of this ordinance: In case of any difference of meaninq or implication between the text of this article and any caption, illustration, summary table, or illustrative table, the text shall control. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. Words used in the present tense shall include the future; and words used in the sinqular number shall include the plural, and the plural the sinqular, unless the context clearly indicates the contrary. The phrase "used for" includes "arranqed for," "desiqned for," "maintained for," or "occupied for." The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. Underline is for addition ~_~I.A .~ ..... ~ is for deletion Ordinance #95-023b Page 4 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 7 Unless the context clearly indicates the contrary, where a requlation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either...or," the conjunction shall be interpreted as follows: a__~. "And" indicates that all the connected terms, conditions, provisions or events shall apply. b__~. "Or" indicates that the connected items, C o conditions, provisions or events may apply singly or in any combination. "Either .... or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. The word "includes" shall not limit a term to the specific example but is intended to extend its meaninq to all other instances or circumstances of like kind or 10 character. Unless the context clearly indicates to the contrary, the terms "community parks" and "reqional parks" shall have the same meaninq as those terms are qiven in the St. Lucie County Comprehensive Plan. "County Administrator" means the County Administrator or whoever he/she may desiqnate to carry out the administration of this ordinance. Unless the context clearly indicates to the contrary, all land use terminoloqy in this article shall have the same meaninq as it has in the St. Lucie County Land Development Code. Section 1-15-34. Definitions. A. A "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 th~ Atlantic Ocean; the Indian River Laqoon and its tributaries; the North Fork of The St. Lucie River and its tributaries. Underline is for addition Strike TkrcuNh is for deletion Ordinance #95-023b Page 5 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Do Eo Fo A "capital improvement" includes parks planninq, land acquisition, site improvements, buildinqs, and equipment, but excludes maintenance and operation. A "feepayer" is a person commencinq a land development activity by applyinq 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 ordinance. A "private recreational facility" is any recreational facility which is not owned by or dedicated to any qovernmental entity. A "reqional recreation area" is an area providinq facilities desiqned 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: boatinq, fishing, or campinq; bicycle, hikinq, or horse trail systems; nature or husbandry centers; or sport and athletic facilities. A "special recreation area" is an area desiqned for a sinqle purpose or specific recreational and leisure activities that may include, but are not limited to: qolf courses, conservatories, zoos, qun or archery ranqes, outdoor theaters, historic sites, marinas, botanical qardens, athletic complexes, or watersport facilities. Section 1-15-35. Imposition of Parks Impact Fee. ao Any person who, after the effective date of this ordinance, seeks to develop land by applying for the issuance of a buildinq permit for one of the residential land use types specified in Section 1-15-36 of this Ordinance 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 ordinance. Nothinq in B o this article shall be deemed to eliminate the requirements of Section 11.02.07 of the St. Lucie County Land Development Code. No buildinq permit for any residential land use types specified in Section 1-15-36 of this ordinance nor electrical permit for a mobile home park or recreational vehicle park Underline is for addition Str±k:mu_..rcu-..=~ is for deletion Ordinance #95-023b Page 6 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 Section 1-15-36. 8 9 A. 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 2~ 30 31 32 33 34 35 36 37 38 shall be issued unless and until the parks impact fee hereby required has been paid as provided in Section 1-15-37 of this Ordinance. Computation of the Amount of Parks Impact Fee. At the option of the feepayer, the amount of the fee may be determined by the followinq fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount. ::?:::::::::::::::::::::::::::??:::::::::::: .......... ::: :::::::::::::::::::::::::::::::::::::::::::::::::?:::::::::::::::: :i::i:i:i SO i i:i::~:~: ::i:::i:IMPAC~:i:i::i:? :?i::iRATE?OF:i:~::~:~ :~:i:~:~j~:i~:i:i:i:il :i:i:i::~;~i:~::::: I::::~ :~:::: :~::~:~:~?~:~::??~:~:~::~:~:~?~:~:~:~:~::~::?~::?~:~:~:~:~:~:::~:~:~:~::~:~:~:~:~:~:~:~:~:~:~ ::::::::::::::::::::::::::::::::::::::::::::: ~:~::~:~:.~::~E~:~.?~:? ~?:~i~E.,.~:~:~:: :~:~:~:':t:':':~.~.'-1:.~:: RESIDENTIAL SINGLE FAMILY PER UNIT ~ 12~ 12~ 24~ ~ MOBILE HOM~RV (MHPIRV Pa~ One) PER UNIT 24~ 8~ 8~ 16~ 24~ MUL~-FAMILY (All ~s) PER UNIT 32~ 1~ 10~ 21~ 32~ HO~UMO~L PER ROOM ~ 2~ 2~ 4~ 6~ BED & BR~KFAST RESIDENCE (~ ~T '~ T~ ~Y ~ '~LE FMILY ~T F~ M~ ~ PER ROOM 68 23 23 45 68 ALL O~ER RESIDE~IAL PER UNIT 36~ 12~ 12~ 24~ 36~ NOTE: The f~ schedule shown in this Table is subl~ to revision ~d u~n the provisions of S~tion 1-~7 of this A~cle. If the type of residential development activity for which a buildinq permit or electrical permit for a mobile home park or recreational vehicle park which is beinq 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. Underline is for addition ~"- ~ ..... ~ is for deletion Ordinance #95-023b Page 7 Parks Impact Fee - Final PRINT DATE: 9/19/95 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Bo The person applying for the issuance of a buildinq permit or electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the County Administrator indicatinq that the fees set out in paraqraph A above are not appropriate for his particular development. Based upon convincinq and competent evidence, the County Administrator may adjust the fee to that appropriate for the particular development. The adjustment may include a credit aqainst the fee otherwise payable of up to 25% for private recreational facilities provided to the development by feepayer if the recreational facilities serve the same purposes and functions as set forth for reqional recreation areas in the St. Lucie County Comprehensive Plan. Section 1-15-37. Payment of Fee. The feepayer shall pay the fee in cash to the county administrator at any time prior to the issuance of a buildinq permit or electrical permit for a recreational vehicle park or mobile home park. Bo In lieu of all or part of the parks impact fee, the board of county commissioners may accept the offer by a developer to construct, dedicate or acquire property for part of a parks facility that is consistent with the County's Comprehensive Plan or the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Villaqe. In addition, the construction or dedication of park facilities or acquisition of property for parks purposes must only be for purposes as set out in Section 1-15-43. The developer shall submit a cost estimate certified by a reqistered Florida professional enqineer, architect or landscape architect acceptable to the board of county commissioners or their designee. The board of county commissioners shall credit the cost of the construction of any parks improvement aqainst the parks impact fee otherwise due. The portion of the fee represented by the parks construction or property dedication shall be deemed paid when the construction or dedication is completed and accepted by the county, state or appropriate municipality 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 Underline is for addition Etrlkc T..rcu-..u =~ is for deletion Ordinance #95-023b Page 8 Parks Impact Fee - Final PRINT DATE: 9/19/95 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 unimproved property, the provisions of Section 1-15-38(E) (3) shall apply. The portion of the fee represented by the property dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the county or other appropriate qovernmental entity. If parks impact fees are owed, no development permits of any type may be issued for the buildinq 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. Section 1-15-38. Credits. A__=. Scope. Any person who shall commence any parks impact qeneratinq land development activity may apply for a credit aqainst the required parks impact fee for any contribution, construction, or dedication of land accepted and received by St. Lucie County, the appropriate local municipality, state or federal aqency for parks facilities that are creditable pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Villaqe pursuant to its local development regulations or section 380.06, Florida Statutes, or any additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of reqional impact to the extent the contribution, payment, construction or dedication meets the same needs as the parks impact fee. B o General. Any person desirinq a parks impact fee credit, who proposes to make any contribution, construction or dedication of a parks facility that is consistent with the County's Comprehensive Plan or the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Villaqe, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be Underline is for addition .......~-~u- T..rcu-..~ =u is for deletion Ordinance #95-023b Page 9 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Co Do eliqible for a parks impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eliqible for a parks impact fee credit, the final amount of the credit shall be determined upon the submission of a request for parks impact fee credit and the enterinq into of a formal parks imDact fee credit aqreement. Relationship of Parks Impact Fee to Development of Regional Impact. Pursuant to Section 380.06(16), Florida Statutes, the value of parkland and/or other park capital improvements required pursuant to a County or City approved Development Order, except those deemed site-related, shall be credited aqainst the Parks Impact Fee. General standards for issuinq parks impact fee credit. Prior to the issuance of any credits aqainst the parks impact fee, the person who made the contribution, payment, construction or dedication of recreation facilities shall enter into an Impact Fee Credit Aqreement with the Board of County Commissioners. The following provisions are the qeneral rules for the award of credit, supplemented and provided in this section: Credit for contributions, payments, construction or dedications of the parks impact fee shall not be transferrable as a credit aqainst other impact fees imposed for purposes other than parks. o If allowed by the Credit Aqreement, credits may be assiqned to successors in interest provided the County receives a copy of the written aqreement siqned by both the assignor and the assiqnee that has been recorded in the Public Records of St. Lucie County, Florida. 3. No credit shall exceed the amount due for the parks impact fee. No credit shall be qiven for dedications and park improvements dedicated or constructed before January 1, 1996. Underline is for addition ~_~.A m~_~,,~ is for deletion Ordinance #95-023b Page 10 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Specific standards. Credits aqainst parks impact fees otherwise payable shall be allowed only under the followinq conditions. 1. County need. The contribution, payment, construction or dedication shall meet a parks capital need identified in the County's Comprehensive Plan or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. No credit shall be qiven for capital improvements that do not meet a parks capital need identified in County's Comprehensive Plan or in the adopted comprehensive plan of Ft Pierce, Port St. Lucie or St. Lucie Villaqe. 2. Site-related parks improvement. No credit shall be given for any site-related parks improvements or site-related parks dedications, unless it can be shown to the satisfaction of the county administrator throuqh appropriate technical documentation that the site related improvement or property dedication provides for parks enhancements in excess of the impacts of the proposed development. Site-related parks improvements, include, but are not limited to: So any facility development on the property defined in a final development order that is not considered to be a beach access area, special recreation area or reqional recreation area as defined in this ° article. Park property dedication. Credit for the dedication of nonsite-related park property shall be valued at one hundred twenty (120) per cent of the most recent assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey, closinq costs or title information provided by the feepayer to the county at the request of the county. Credit for the dedication of park property shall be provided when the property has been conveyed at no charqe to, and accepted by, St. Lucie County, Ft. Pierce, Port Underline is for addition Strik~ T..rcu-..~ =u is for deletion Ordinance #95-023b Page 11 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 St. Lucie or St. Lucie Villaqe, in a manner satisfactory to the board of county commissioners or the appropriate local municipality. If the feepayer shall opt not to have the property dedication credit determined as set out above, then the amount of credit shall be determined by the board of county commissioners based on an Independent Property Appraisal, as described in section 1-15-39 of this article, prepared by an individual both a member of the Appraisal Institute (MAI) and a state certified general appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. At the option of the board, the board may request a review appraisal, as described in section 1-15-40 of this article provided that in the event the value established by the independent appraisal exceeds one hundred twenty (120) per cent of the assessed value by more than twenty- five (25) per cent, the board shall request a review appraisal. In the event the board determines to request a review appraisal and the determination of the value is the same or qreater than value determined by the independent appraiser, then the County shall bear the cost of the review appraisal. If the determination of the value by the review appraiser is less than the value determined by the independent appraiser, then the feepayer shall pay for the cost of the review appraisal. Any independent or review appraisal submitted pursuant to this subsection shall be subject to review of methodoloqy and technical accuracy at the discretion of the county administrator. In the event a property owner determines to donate, and the county determines to accept, nonsite related property for any planned nonexistinq parks or expansion of existinq impact fee eliqible parks as described in this Section to the county in advance of any application for final development order approval, the board of county commissioners shall reserve the determination of value of the credit for the dedicated property until the property owner, or his assiqns, seeks a final development order approval for the remainder of the property from which the dedicated property was provided. All property dedication credits shall be determined at the time contracts are let for the construction/expansion of the eliqible park or at Underline is for addition St__k_-~ - T..rcu-..~ =u is for deletion Ordinance #95-023b Page 12 Parks Impact Fee - Final PRINT DATE: 9/19/95 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o the time a Final Development Order approval is qranted, whichever occurs first. No property dedication credit request may include the consideration of any enhancement to the value of property beinq dedicated as a result of the new or expanded park construction. No property dedication credit request may include the consideration of any enhancement to the value of the property being dedicated as result of the overall project development. Application procedure. Applicants for credit for construction of nonsite related parks improvements shall submit documentation of the actual enqineering and construction costs to the county administrator or his designee. The county administrator or his designee shall determine credit for parks construction based upon these costs or upon alternative enqineerinq and construction cost estimates if the county administrator or his desiqnee determines that such costs submitted are excessive or incomplete. Acquisition by purchase or condemnation. In the event a developer is required as a condition of a final development order to acquire off-site park property adjacent to any impact fee eliqible park as described in Section 1-15-38(E) (3), the developer shall first obtain an Independent Property Appraisal as described in section 1-15-39 and provide the county administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in Section 1-15-40. Except as provided below, credits for park property acquisition shall be based on the Independent Property Appraisal, the Review Appraisal, or the purchase price, if lower, as determined by the county administrator. In the event the developer is unable to acquire the park property for appraised value or lower, the Board may: so qrant additional credits above the appraised value if it determines that the cost of acquisition is less than the cost of condemnation or that condemnation is not practical or desired; or, b. authorize the condemnation of the parcels; or, 0 0 Underline is for addition o~_~u_.~ ..... u is for deletion Ordinance #95-023b Page 13 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 c. deny the request for additional credits. Fo Time of Claim: Waiver. Any claim for credit must be made no later than the time of application for a building permit or an electrical permit. Any claim not so made shall be deemed waived. Section 1-15-39. Independent Property Appraisal A. If the feepayer shall opt not to have the value of any property dedication determined as set out in section 1-15- 38(E) (3), the amount of credit shall be determined by the board of county commissioners based on an Independent Property Appraisal (IPA), prepared by an individual who is both a member of the Appraisal Institute (MAI) and a state certified qeneral appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. An "independent property appraisal" is an appraisal report containinq the followinq: 1. Purpose of appraisal. The purpose of the appraisal which includes a statement of value to be estimated and the riqhts or interest beinq o appraised. Legal Description of property. Description of parent property. Description of the parent property to be appraised will include: Names of apparent owner of each interest being evaluated. Location of property. Total area of property in acres or square feet. Area of each interest in property being acquired in acres or square feet. 0 H Underline is for addition ~-~,~A ~ ..... ~ is for deletion Ordinance #95-023b Page 14 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o o o e~ A minimum of five (5) years delineation of title. f~ Present use and zoninq. Utilities. ho Type and condition of improvements and special features that may add to or detract from the value of the property. Hiqhest and best use. The highest and best use of the property on which the appraisal is based before the acquisition of rights and interests to be acquired and the hiqhest and best use of the remainder after the acquisition when a partial taking is involved. In either instance, if the existinq use is not the premise on which the valuation is based, the appraisal will contain an explanation justifyinq the determination that the property is available and adaptable for a different hiqhest and best use and there is demand for that use in the market. Before and after valuation. The "before and after" method of valuation as interpreted by Florida law will be used in partial donations or special benefits to the residue land or improvements. Approaches to value. The appraisal should include all applicable approaches to value. If an approach is not considered applicable, the appraiser must state why. All pertinent calculations used in developinq the approaches will be shown. In the market approach, the appraisal report will contain a direct comparison of pertinent comparable sales to the property being appraised. The appraiser must include a statement settinq forth his analysis and reasoninq for each adjustment to comparable sales. item of bo Where in the income (capitalization) approach is used, there must be documentation to support the income, expenses, interest rate, capitalization 0 N Underline is for addition Strike Tkrcu~k is for deletion Ordinance #95-023b Page 15 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 rate, discount rate, or any other factors used in the analysis. Where it is determined that the market rental income is different from the existinq or contract income, the increase or decrease must be explained and supported by market information. C · Where the cost approach is utilized, the appraisal report must contain the specific source of cost data, remaininq economic life, and an explanation of each type of accrued depreciation. Appraisal of after value. The appraisal of the after value must be supported to the same extent as the appraisal of the before value. This support should include one or more of the followinq: so c o do e o Sales comparable to the remainder properties. Sales of comparable properties from which there have been similar donations, or acquisitions for like usaqes. Development of the income approach on properties which show economic loss or qain as a result of similar acquisition or takinq for like usaqes. Public sales of comparable lands by the state or other public aqencies. In the event the data described in a throuqh d above are not available, the appraisal will so state and give the appraiser's reasoninq for his value estimate. Difference between before and after. The difference between the before and after appraisal will represent the value of the property to be acquired includinq the damaqes to the remainder property. The appraiser will separately analyze and tabulate th~ difference showinq a reasonable allocation to lane improvements, and damaqes. More than one approach used. 0 Underline is for addition S~__k_~-~ A Tkrcu~h is for deletion Ordinance #95-023b Page 16 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Where two (2) or more of the approaches of value are used, the appraisal will show the correlation of the separate indications of value derived by each approach alonq with a reasonable explanation for the final conclusion of value. This correlation will be included for both before and after appraisals. 10. Photographs. Ail appraisals should include identified photoqraphs of the subject property including all principal above qround improvements or unusual features affectinq the value of the property to be taken or damaqed. 11. Sketch or plat. Appraisal reports for whole takinqs will contain a sketch or plat of the property showinq boundary dimensions, location of improvements and other siqnificant features of the property. For partial takinqs, the sketch or plat will also show the area to be acquired, relation of the improvements to the takinq area and area of each remainder. 12. Comparable sales. Each appraisal report will contain or make reference to the comparable sales which were used in arrivinq at the fair market value. so The appraiser must state the date of sale, names of parties to the transaction, consideration paid, financinq, conditions of sale and with whom these were verified, the location, total area, type of improvements, appraiser's estimate of highest and best use at the date of sale, zoninq and any other data pertinent to the analysis and evaluation thereof. If the appraiser is unable to verify the financinq and conditions of sale from the usual sources such as buyer, seller, broker, title or escrow company etc. he will so state. Pertinent comparable sales date should include identified photoqraphs of all principal above 0 Underline is for addition Strike TkrcuNh is for deletion Ordinance #95-023b Page 17 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ground improvements or unusual features affecting the value of the comparable. 13. Inspection of properties. Ail property appraised and the comparable sales which were relied upon in arriving at the fair market value estimate will be personally inspected in the field by the appraiser and all dates of inspection will be shown in the appraisal report. 14. Date of valuation. The effective date to which the valuation applies. 15. Limiting conditions. Statement of appropriate conditions if any. contingent and limiting 16. Certification and signature. The certification, signature and date of signature of the appraiser. Section 1-15-40. Property Review Appraisal ao At the option of the board, the board may request a review appraisal of the Independent Property Appraisal (IPA), provided that in the event the value established by the Independent Property Appraisal exceeds one hundred twenty (120) per cent of the assessed value by more than twenty-five (25) per cent, the board shall require a review appraisal. A "review appraisal" shall comply with the following procedures: The reviewing appraiser will field inspect the property appraised and the comparable sales considered by the appraiser in arriving at either or both, as appropriate, the fair market value of the whole property and of the remainder. o The reviewing appraiser will examine the appraisal reports to determine that they: 0 Underline is for addition .~--~I.Am~ ..... ~ is for deletion Ordinance #95-023b Page 18 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o c o Comply with the provisions of this section. Follow accepted appraisal principles and techniques in the valuation of real property in accordance with existinq state law. Contain or make reference to the information necessary to explain, substantiate and thereby document the conclusions and estimates of value do e o f o and/or just compensations identified therein. Include consideration of compensable items, damages and benefits, but do not include compensation for items, damaqes and benefits noncompensable under state law. Contain an identification or listinq of the buildings, structures and other improvements on the land as well as the fixtures which the appraiser considered to be a part of the real property to be acquired. Contain the estimated fair market value for or resultinq from the acquisition, and where appropriate, in the case of a partial acquisition, either in the report or in a separate statement, a reasonable allocation of the estimate of the fair market value for the real property acquired and for damaqes to remaininq real property. Prior to finalizinq his estimate of just compensation, the reviewinq appraiser will request and obtain corrections or revisions of appraisal reports which do not substantially meet the requirements set forth in this section. These will be documented and retained in the parcel file. The reviewinq appraiser may supplement an appraisal report with corrections of minor mathematical errors where such errors do not affect the final value conclusion. He may also supplement the appraisal file where the followinq factual data has been omitted: a. Owner's and/or tenants' names. b. Parties to transactions, date of purchase and deed 0 Underline is for addition .......~-~'-- T..rcu-..~ =u is for deletion Ordinance #95-023b Page 19 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o o book reference on sale of subject property and comparables. c. Statement that there were no sales of subject property in past five (5) years. do Location, zoninq or present use of subject property or comparables. The reviewinq appraiser will initial and date his corrections and/or factual data supplements to an appraisal report. The reviewinq appraiser will submit a signed and dated statement settinq forth: so His estimate of just compensation includinq, where appropriate, his allocation of compensation for the real property acquired and for damaqes to remaininq real property, and an identification or listinq of the buildings, structures, and other improvements on the land as well as the fixtures which he considered to be a part of the real property to be acquired, if such allocation or listinq differs from that of the appraisal(s). bo That as a part of the appraisal review there was a field inspection of the parcel to be acquired and the comparable sales applicable thereto. C · That he has not direct or indirect present or contemplated future personal interest in such property or in any monetary benefit from its acquisition. do That his estimate has been reached independently, without collaboration or direction, and is based on appraisals and other factual data. In the event that the review appraiser determines the value to be the same or qreater than the value determined by the Independent Property Appraisal (IAP) the county shall bear the cost of the review appraisal. Underline is for addition Strike T..rcu-..~ =~ is for deletion Ordinance #95-023b Page 20 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 1-15-41 Parks Impact Fee Districts Created There are hereby established two (2) Parks Impact Fee Districts as shown in Fiqure I, and generally described as follows: Park District A: Ail of St. Lucie County, less the followinq: Beqin 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 alonq the centerline of the North Fork of the St. Lucie River to the point of intersection with the centerline of the Florida Power and Liqht Power lines oriqinatinq at the St. Lucie Power Plant; easterly alonq said power lines to the west bank of the Indian River: thence southeasterly alonq the west bank of the Indian River to the Martin/St. Lucie County Line; thence westerly alonq the Martin/St. Lucie County Line to a point of intersection with 1-95 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 alonq the centerline of West Midway Road to the POB. Park District B: Beqin 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 alonq the centerline of the North Fork of the St. Lucie River to the point of intersection with the centerline of the Florida Power and Liqht Power lines oriqinatinq at the St. Lucie Power Plant; easterly alonq said power lines to the west bank of the Indian River: thence southeasterly alonq the west bank of the Indian River to the Martin/St. Lucie County Line; thence westerly alonq the Martin/St. Lucie County Line to a point of intersection with 1-95 and the southwest corner of the City of Port St. Lucie; thence northerly alonq the 0 Underline is for addition .......°~-~'-- T..rcu-..~ =u is for deletion Ordinance #95-023b Page 21 Parks Impact Fee - Final PRINT DATE: 9/19/95 id Z 0 w cJ m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 alonq the centerline of West Midway Road to the POB. Section 1-15-42. A. Parks Impact Fee Trust Funds Established. There is hereby established a separate Parks Impact Fee Trust Fund, for the parks impact fee districts established by Section 1-15-41 of this ordinance. B. Funds withdrawn from these accounts must be used in accordance with Section 1-15-43 of this ordinance. Section 1-15-43. A. Use of Funds. The collecting qovernmental unit shall be entitled to up to but not more than 3% of the funds collected to compensate them for the administrative expense of collectinq and administering the parks impact fee ordinance. All remaininq funds collected from parks impact fees shall be used solely for the purpose of capital improvements to beach access areas, special recreation areas and reqional recreation areas under the jurisdiction of St. Lucie County, or with prior approval of the County Commission those beach access, regional recreation and special recreation areas under the jurisdiction of the City of Ft. Pierce, Port St. Lucie, St. Lucie Villaqe 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 qrowth and development. Bo Except for the up to three (3%) percent retainaqe authorized above, funds shall be used exclusively for capita] 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 f~nds Co were collected. Each January the County Administrator shall present to the Board of County Commissioners a proposed capital improvement proqram for parks, assiqninq funds, includinq any accrued Underline is for addition Strik= T..rcu-..~ == is for deletion 0 Ordinance #95-023b Page 23 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 ordinance. Funds shall be deemed expended in the order received. The Board of County Commissioners of St. Lucie County may enter into interlocal agreements with the qoverninq bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this ordinance. Section 1-15-44. Refund of Fees Paid. If a building permit or an electrical permit for a mobile home park or recreational vehicle park expires and no construction has been commenced, then the feepayer, his heirs, successors or assigns, shall be entitled to a refund of the impact fee paid as a condition for its issuance except that the county shall retain three percent (3%) of the funds as an administrative fee to offset the costs of refunding. S o Any funds not expended or encumbered by the end of the fiscal year immediately following (10) years from the date the parks impact fee payment was received shall, upon application of the current owner within one hundred eighty (180) days of the expiration of the ten (10) year period, be returned to the current owner with interest at the rate of six percent (6%) per annum. Section 1-15-45. Exemptions. ao The followinq shall be exempted wholly or in part from payment of the parks impact fee: Alteration or expansion of an existinq building where no additional units are created, the use is not changed, and where no additional need for parks will be produced over and above that produced by the existing use. 2. The construction of accessory buildings or structures Underline is for addition .......o~_~u~ -~...rcu-..=~ is for deletion Ordinance #95-023b Page 24 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 o o which will not produce additional need for parks over and above that produced by the principal building or use of the land. The replacement of a destroyed or partially destroyed building or structure in existence on or after January 1, 1996, with a new building or structure of the same or a different use provided that no additional need for parks will be produces over and above those produced by the original use of the land.. Any claim of exemption must be made no later than the time of application for a building permit or electrical permit for a mobile home. Any claim not so made shall be deemed waived. 19 Section 1-15-46. Appeals 20 21 A. 22 23 24 25 26 27 B. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Section 1-15-47. 45 46 A_= The parks Ordinance #95-023b Parks Impact Fee - Final Any decision made by the county administrator in the course of administering the provisions of this chapter may be appealed to the board of county commissioners by filing a petition of appeal within thirty (30) calendar days of the date of the rendition of the decision. The board of county commissioners shall review the petition at a public meeting within thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of time is qranted by the board. The board's decision shall be final for the purpose of administrative appeals. The board of county commissioners shall revoke the decision of the county administrator only if there is competent, ubstantial evidence in the record that the decision fails to comply with this Article. Review and Automatic Adjustment of Fees. impact fee shall be adjusted by the county Underline is for addition Strik: Thrcu~h is for deletion Page 25 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o administrator in April of each calendar year. Unless otherwise directed by the county commission, any adjustments to the parks impact fee, made pursuant to this section, shall be effective the first monday in October of each calendar year. All adjustments to the parks impact fee shall be based on the methodology described in paragraph (B) of this section. The base for computing any adjustment is the January Consumer Price Index - All Urban Consumers for the United States, Co published by the United States Department of Labor, Bureau of Labor Statistics. For the purpose of this Section the initial index to be referenced is January 1996. The Parks Impact Fee shall be adjusted by the percentaqe chanqe in the index. If the index is chanqed so that the base year is different, the index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised, such other qovernment index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised. The board of county commissioners shall review the parks impact fee at least once every five (5) years from th~ effective date of this ordinance (January 1, 1996). PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable Underline is for addition °~-~- ~ ..... ~ is for deletion Ordinance #95-023b Page 26 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the incorporated areas even in the absence of interlocal agreements with the affected municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 F. EFFECTIVE DATE. This Ordinance shall take effect January 1, 1996. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler NAY Commissioner Havert Fenn AYE Commissioner Gary D. Charles, Sr. NAY Commissioner Cliff Barnes AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 Underline is for addition o~_~,.A ~ ..... ~ is for deletion 0 Ordinance #95-023b Page 27 Parks Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 19th day of September, 1995. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMiSSiONERS ST. LUCIE COUNTY, FLqR~D~ ' ' ' OUNTY A OR95-23b PARKS IMPACT FEE DJM Underline is for addition Strike-~_..rcu~..=~ is for deletion Ordinance #95-023b Page 28 Parks Impact Fee - Final PRINT DATE: 9/19/95 JoAnne Holman, Clerk of the Circui~ 'rt - St. Lucie County File Number: 1406238 OR ..... ~ 0962 PAGE 1664 Recorded: 06-27-95 11:08 A.M. ORDINANCE NO. 95-25 AN ORDINANCE AMENDING CHAPTER 1-19.3 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, THEREBY ADDING ARTICLE VII "NINTH CENT GAS TAX"TO CHAPTER 1-19.3; ADDING SECTION 1-19.3- 71 PROVIDING FOR THE LEVY OF THE NINTH-CENT GAS TAX UPON EVERY GALLON OF MOTOR FUEL PURSUANT TO SECTION 336.021, FLORIDA STATUTES; ADDING SECTION 1-19.3-72 PERTAINING TO THE DISTRIBUTION AND USE OF THE NINTH CENT GAS TAX; ADDING SECTION 1-19.3-73 TO PROVIDE THAT THE NINTH CENT GAS TAX IMPOSED BY THIS ORDINANCE SHALL BE EFFECTIVE FROM SEPTEMBER 1, 1995 THROUGH AUGUST 31, 2015; PROVIDING FOR SEVERABILITY AND APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.021, Florida Statutes (1994 Supplement) authorizes this Board to levy a one cent gas tax upon every gallon of motor fuel sold in St. Lucie County and taxed under the provisions of Chapter 206, Florida Statutes. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance authorizing the levy of the ninth cent gas tax to fund, in part, necessary transportation expenditures within St. Lucie County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: =~ .... ~. ~,r,~,,,,r, passages are deleted. Underlined passa.qes are added. OF COUNTY -1- 1; `~ PART A. ARTICLE VII "NINTH CENT GAS TAX" IS HEREBY ADDED TO CHAPTER 1-19.3 9 (TAXATION) AS FOLLOWS: Section 1-19.3-71. Lew of Ninth Cent Gas Tax Pursuant to Section 336.021. Florida Statutes.. a one cent 0.011 oas tax is imposed upon every gallon of motor fuel Bald in St. Lucie County. and taxed under the provisions of Chapter 206. Florida Statutes. Section 1-19.3-72. Disttibution~and Use of Ninth Cent Gas Tax The proceeds of the ninth cent gas tax shall be distributed to the County and used to pay the costs and expenses of establishing. operating and maintaining the County's transportation system and related facilities and the cost of acquisition. construction. reconstruction and maintenance of the County's road and streets. Section 1-19.3-72. Duration of Tax The ninth cent gas tax imposed by this article shall be effective from September 1. 1995 through August 31. 2015. both dates inclusive. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any .provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to s14 thra~# passages are deleted. Underlined passages are added. 0 0 0 X 0 rn N m rn rn w -2- {~ t -. .. 0 0 0 the Bureau of Administrative Code and Laws, Department of State, The Capitol, '~ 0 Tallahassee, Florida, 32304. ~ N PART D. FILING WITH THE DEPARTMENT OF REVENUE. m The County Attorney is hereby directed forthwith to send a certified copy of this ~ rn ordinance to the Florida Department of Revenue, 201 Carlton Building, Tallahassee, °i Florida, 32301. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance by extraordinary vote was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler AYE Commissioner Cliff Barnes AYE Commissioner Gary D. Charles, Sr. NO Commissioner Havert L. Fenn AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or ~S`.r~:cl~ tl~ passages are deleted. Underlined oassaaes are added. -3- -. .r thr 9h°G:Shall-_w:`~ .- ~ o. at Parts B °u ,;~.r~:;: -:~~:~~'~ ~ ~,: rovided however, th . ,Y. ~ ,t"` a~ t ~~ ~ E ~. - ccomplish such intention; P ~. i> _~> :,~~<<F ~ ~=:~.L~ ~ .,3..:~. . 995• '~'• '_~ ~`•~N`'~~' ~'' `' '~.,'~J. :. c ified. a f June, 1 _ ~~~ ,'`,~;"~~''',~r=~~`'•~' ~.'t:. , ~:N:- ot be od 0th d Y ° ,~--..F~~ ~ '~- ••-;i•.::..;t•=~;• ~~,-~ . n N DUL pDOPTEp this 2 N ...,, ~~j~iS~ 4NERS.=- ~Y PASSED BOARD pF C ~LQ,~~PA' , :.t t ,; o ATTEST ~ ~ L e ~yc erk D P .~ ...,. _~.~ -~. .. 0~ t" ~' ~`'~, - •~•. `~ ~• `k r. t Via..>~'° J : _2 y~1 i passages are deleted a~~~-t~ Y ~ /` J • . ,'-~y, ,> GL6~, tia.. ?J _ . 'AND. '~ f ~. t~ t}nderlined assa es are added. -4- ~- ..~ ORDINANCE NO. 95-27 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 1- 4,SECTION 1-4-23, SUBSECTION (i), OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR THE RAFFLING OF ANIMALS BY CHARITABLE OR NON- PROFIT ORGANIZATIONS; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. That St. Lucie County passed Ordinance Number 94-04, Part A on September 6, 1994, making it unlawful for any owner to offer an animal as a prize in any game, contest, raffle, drawing of chance or other similar event; 2. That St. Lucie County is home to charitable organizations whose purpose is to promote the peaceful coexistence of animals and human beings and/or to encourage better care for animals; 3. That St. Lucie County has determined that the application of Ordinance 94- 04, Part A, unfairly restricts the ability of these worthwhile charitable organizations to raise funds to further their purposes and is restrictive insofar as it limits the effectiveness of these worthwhile organizations. 4. That St. Lucie County has determined that it is in the best interest of the citizens of St. Lucie County that these charitable organizations be able to adequately fund Smock trr~Q# passages are deleted. Underlined passages are added. ` ~-_,, M~--+~ C.1_ Y . .J 1 L\ F~*, 1°` .;. their activities in order to promote the effectiveness of such charitable organizations. O b~ O O x NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY ~ COMMISSIONERS OF ST. LUCIE,..000NTY, FLORIDA: ~ ~ l~J PART A. AMENDMENT TO ARTlCLE~II (Animal Control) OF~CHAPTER 1 r4, Section ~ - ~ ~ 1-4-23(i). ~ Section 1-4-23(i) of Article II ~of Chapter 1-~ of the Code of Ordinances of St:~Lucie N County, Florida, is hereby amended to read as follows: N W Section 1-4-23. Animal Care. (i) Except for anon-profit or charitable organization (1) which qualifies under Section 501 (c) or (d) of the Internal Revenue Code of 1986. and (2) whose organizational documents, includina bvlaws. illustrate that the organization's purpose is to promote or educate the public reaardina (al the importance of animals to human existence, (bl better ,-. . care of and for animals, and/or (cl the ability of humans and animals to better coexist. it _ _ shall be unlawful for anv owner to offer an animal as a prize in response to participation in anv acme, contest, raffle, drawing of chance or anv other similar event. Notwithstanding the foregoing, the County Administrator shall have the authority to grant a variance from this provision to anv nonprofit or charitable organization that has not formally qualified for nonprofit status under Internal Revenue Code Section 501 (c) or (d). but whose organizational documents. includina bvlaws. exhibit the same Strucl~ ±hrat~gf~ passages are deleted. Underlined passages are added. 2 r'`' ; f ~ - ~• or similar attributes of such type of organization and operates for the purposes enumerated above. 0 w O O x PART B. SEVERABILITY AND APPLICABILITY. 0 If any portion .ot this' ordinance is .for. any reason held or declared to be ~ ~ J unconstitutional, inoperative, or void, such holding shall not affect the remaining portions ~ . of this ordinance: If this ordinance or any provisie^ thereof shall beheld to be~inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Law, Department of State, The Capitol, Tallahassee, Florida, 32304: PART E. EFFECTIVE DATE: This ordinance'shall take effect on August 15, 1995. PART F. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green AYE Eck *.hrat~ passages are deleted. Underlined passages are added. 3 ,~' Vice-Chairman Ken Sattler Commissioner Cliff Barnes Commissioner Gary Charles Commissioner Havert Fenn PART H. CODIFICATION. • AYE AYE AYE AYE Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be chan5ed-to~•"sectibn". '~a~ iicle", or'other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B and I shall not be codified. PASSED AND DULY ADOPTED THIS 15th day of August, 1995: ,~`~~-``~S ~__~~° - ~ ~~ ~.. :~~ . " j -~-". ~, j .. •: ATTEST: BOARD F COUNTY :COM.MISSI(UNERS--.--~~;..'..;'~~ " ~, ST. CI COUNTY; F ~ ORID_A'. `~ ~. ~: ,,/•~-a ~'\r`~~~~ ~ " rr , DEPUTY CLERK -.;; ~ AIRMAN - ~ " ; ~ . ~pd,yT~-:~, APPROVED AS TO FORM,A~VD `,~~.~•~~~tEAK••,~~ CORRECTt~IESS. ~, r, ~~ o h/ ~~ /f Cam! ~ ~ . • .~ ~ ~ ~~ ca ~ ;.'lit; ~ TATE OF FLORIDA COUNTY AT`~OF~NEY s~ ,•,N~~ 3~ ~ ~T LU 4. , ~ ,.,~. ,S; • o CIE COUNTY ~ ~'FCODUt~t.E~' ~ ' ~i ' ~ . TO CERTIFY THAT THIS IS A `' `^ °, ECT COPY OF THE ;,c., _ . ~~A OLMAN, CLERK B o L-, ~- ~tru~ passages are >®~i~~lerrU/nderlined passages are added. DATE ~ / ~ ~~ _5 _ ;~ 0 r~ 0 O x O ~. GJ ro r~ N Ot 0. `' ORDINANCE NO. 95-28 AN ORDINANCE CREATING ARTICLE II OF CHAPTER 1-4, SECTION 1-4-28 OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR THE REGULATION OF CIRCUSES AND TRAVELING ANIMAL SHOWS; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. That it is necessary to ensure compliance with State and local requirements for licensure and permiture of any and all animals owned and/or maintained by any traveling shows and/or circuses desiring to operate within the unincorporated area of the County; and 2. That it is necessary to ensure compliance with State and local requirements mandating various types of vaccinations for such animals; and 3. That is it necessary to protect both the public and animals in relation to circuses and traveling animal shows by mandating documentation to establish that proper permits, licensure, vaccination and insurance liability is maintained by the owner(s) of such animal(s). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUClE, COUNTY, FLORIDA: d~O~D ©~ ............. =,, passages are deleted. Underlined passages are added. PART A. CREATION OF TO ARTICLE II (Animal Control) OF CHAPTER 1-4-28. Section 1-4-28 of Article II of Chapter 1-4 of the Code of Ordinances of St. Lucie County, Florida, is hereby created to read as follows: (a) The owner or operator of any traveling animal show desiring to operate in the unincorporated area of St. Lucie County, Florida shall make written application for permit on forms provided by the Animal Control Division no later than sixty (60) days prior to th~ first performance of any spectacle, display, act or event within the County. Such application shall include but not be limited to the name of the owner of the traveling 0 animal exhibition, all proposed locations within the County for the travelinq animal show, the date the animal show is to arrive within the County, the date of departure and all dates on which it is perform at any location within the County. The applicant shall further provide proof of the following: 1. Current liability insurance with coveraqe of $100,000.00 per person, .~300,000.00 per occurrence, with a maximum deductible of $10,000.00. 2. All applicable state inspection certificates includinq a current USDA permit. animals. 3. A veterinarian on duty if the show involves wildlife or captive wild 4. A permit fee of $50.00 shall be paid at the time the application for permit was made. (B) The term "Travelinq Animal Show" shall be defined as follows: Any spectacle, ~* .... ~' +~'""'"'~' passages are deleted. Underlined passages are added. display, act or event, includin.q circuses and carnivals, where animals are maintained, whether or not the animals actually perform, whose owners or operators do not have their principal place of business in the County and which is required to obtain an occupational license pursuant to Chapter 1-12 of the St. Lucie County Code and Compiled Laws. 0 t~ 0 0 0 ~0 PART B. SEVERABILITY AND APPLICABIUTY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Law, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated area of St. Lucie County. ~ .... t, ~, ..... ~ passages are deleted. Underlined passages are added. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green AYE Vice-Chairman Ken Sattler AYE Commissioner Cliff Barnes AYE Commissioner Gary Charles AYE Commissioner Havert Fenn ABSENT PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article", or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B and I shall not be codified. PASSED AND DULY ADOPTED THIS 12th day of September, 1995. ATTEST: BOARD OF COUNTY COMMISSIONERS' CHAIRMAN APPROVED AS TO FORM ~{)'O N'~ ATT'O'~N E~'-- '-"/ e* .... ~'*~'" .... ~ passages are deleted. Underlined passages are added. o o 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~JoAnne Holman, Clerk, of..the Circuit Court - St. Lucie County Fih Number: 1408832 ORBOOK 0964 PAGE 2114 Rec(rded: 07-11-95 12:07 P.M. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE NO. 95 - 029 FILE NO:. PA-94-~01 AN ORDINANCE AMENDING THE FUTURE TRAFFIC CIRCULATION MAP OF TUE ST. LUCIE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING AMENDMENTS TO THE TRAFFIC CIRCULATION MAP OF THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: On january 9, 1990, this Board adopted the St. Lucie County Comprehensive Plan which included a Traffic Circulation Element and a Future Traffic Circulation Map ("2015 Traffic Needs Plan"); Section 163.3187, Florida Statutes, provides for amendment of an adopted comprehensive plan in such a way as to preserve the internal consistency of the plan; On September 7, 1993, the Florida Department of Transportation requested St. Lucie County amend its comprehensive plan to reflect the departments scheduled improvement of SR 70 to a four-lane divided facility to Okeechobee County Line (Exhibit A); On September 15, 1994 the St. Lucie County Local Planning Agency held a public hearing on the petition, after publishing notice in accordance with Section 9J-11.003(1), Florida Administrative Code, and recommended this Board approve the hereinafter descffbed amendment to the Future Traffic Circulation Map as described in Part A below; On October 18, 1994 this Board, through Resolution No. 94- 186, authorized the transmittal of this petition to the Florida Department of Community Affairs for further agency review in OR BOOK 0964 PAGE 211' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 accordance with the provisions of Chapter 163, Florida Statutes; On June 20, 1995 this Board held a public hearing on the petition, after publishing a notice of such hearing in the Ft. Pierce Tribune and the Port St. Lucie News on June 14, 1995. The proposed amendment to the 2015 Traffic Needs Plan is consistent with all elements of the St. Lucie County Comprehensive Plan and will preserve the internal consistency of the Comprehensive Plan, pursuant to Section 163.3177, Florida Statutes. NOW, THEREFORE, BE IT ORDMNED by the Board of County Commissioners of St. Lucie County, Florida: A_ CHANGE IN TRAFFIC CIRCULATION EI,EME~NT The Future Traffic Circulation Map of the Traffic Circulation Element of the St. Lucie County Comprehensive Plan, is hereby amended to depict State Road 70 as a future four-lane divided facility from Florida's Turnpike to the Okeechobee County Line, as shown on the attached Exhibit B. B-- FINDING OF CONSISTENCY This Board specifically determines that the approval of this change to the Traffic Circulation Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan, the State Comprehensive Plan and the Treasure Coast Regional Policy Plan. C_ CHANGES TO THE FUTURE TRAFFIC CIRCULATION MAP The St. Lucie County Community Development Director is hereby authorized and directed to cause these changes to be made to the Future Traffic Circulation Map of the Traffic Circulation Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. Ordinance 95 - 029 SR-70 Adoption Page 2 OR BOOK 0964 PAGE 2116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 D__~. coNFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. E_ SEVERABILITY ff any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shah not effect the remaining portions of this Ordinance. ff this Ordinance or any provision thereof shah be held to be inapplicable to any person, property, or circumstances, such holding shah not effect its applicability to any other person, property or circumstances. F_ APPLICABILITY OF ORDINANCE This ordinance shah be applicable as stated in Paragraph A. G__ FILING WITH THE 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, TaHahassee, Florida, 32304. H__ FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Community Development Director shah send a certified copy of this Ordinance to the Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida, 32399. I_ EFFECTIVE DATE This Ordinance shah take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment in compliance in accordance with Section 163.3184(9), Florida Statutes, or until the Administration Commission issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). Ordinance 95 - 029 SR-70 Adoption Page 3 OR BO0~ -0964 F' E ~l n ~ OR BOO,X '0964 F E ~-1 1 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Denny Green Vice-Chairman Ken Sattler Commissioner Havert L. Ferm Commissioner Cliff Barnes Commissioner Gary Charles AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 20th day of June, 1995. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: APPROVED AS CORRECTNESS: dw;h:\bcc~sr70.Adp Ordinance 95 - 029 SR-70 Adoption Page 4 ORDINANCE NO. 95-30 AN ORDINANCE AMENDING SECTION 1-2-2 (E911 SYSTEM; LOCAL OPTION FEE) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-2 (ADMINISTRATION), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA BY EXEMPTING PAY TELEPHONES FROM "911" SURCHARGES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Under the provisions of Section 365.171(13), Florida Statutes, as amended by Chapter 93-171, Laws of Florida, the fee imposed and collected for "E911" service and equipment paid by the local exchange subscribers on an individual access line basis may not be assessed on any pay telephone in Florida. 2. In order to comply with Section 365.171, Florida Statutes, as amended, it is necessary to amend Section 1-2-2(b) (1) of Article I of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-2-2 OF ARTICLE I OF CHAPTER 1-2 Section 1-2-2 of Article I of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-2-2. E911 system; local option fee. O~ added Underlined passages are (a) Public purpose. The establishment of an E911 system in St. Lucie County, Florida, is declared to be a public purpose and for the benefit of the citizens of St. Lucie County, as well as for visitors of the County. (b) Local option fee: (1) There is hereby imposed a local option fee for Egll service and equipment, in the amount of fifty cents ($0.50) per month per access line, up to a maximum of twenty-five access lines per account bill rendered to be paid by the local exchange subscribers in the county, beginning on the next billing date of the telephone company following the effective date of this section. This fee shall not be assessed, however, on any pay telephone in this county. (2) The County shall report to the state division of communications, its current "911" fee on or before October 30 of each year. Any fee adjustment shall be reported to the state division of communications. (c) Separate fund. The budget and management administrator and finance director are directed to establish a separate fund specifically for the receipt and expenditures fees related to the E911 system. All fees placed in said fund shall be used only for "911" costs described in Section 365.171(13)(1)6, Florida Statutes. (d) 911 budget. The money collected and interest earned in the separate fund shall be appropriated for 911 purposes by the ............. ~.~ passages are deleted. Underlined passages are added. 2 0 0 Board of County Commissioners' and incorporated into the annual county budget. No more than ten (10%) percent of the 911 fee billed for the prior year may be carried forward. The amount of moneys carried forward each year may be accumulated in order to allow for capital improvements. The carryover shall be documented by resolution of the Board expressing the purpose of carryover or by an adopted capital improvement program identifying projected expansion or replacement expenditures for 911 equipment and service features, or both. in no event shall the 911 fee carryover surplus moneys be used for any purpose other than for the E911 equipment service features and installation charges authorized in Section 365.171 (13)(a)6, Florida Statutes. (e) Collection of fee, payment of administrative fee for collection. (1) Southern Bell Telephone of Florida, Inc., (hereinafter called the telephone company), is hereby requested to collect said fee, as hereinabove set forth, from its subscribers in St. Lucie County, Florida, said telephone company to retain as an administrative fee an amount equal to one (1%) percent of the fees collected by the telephone company. Said administrative fee shall be first deducted by the telephone company from the fees collected and the remainder of said fees collected shall be remitted to St. Lucie County or retained by the telephone company and applied on the cost of said E911 service and equipment. In either event, the telephone ~.-~..~ passages are deleted. Underlined passages are 3 added. O 0 0 0 (f) (1) (2) company shall Supply monthly to St. Lucie County a statement as to fees collected. The telephone company shall provide quarterly to the County a list of the names, addresses, and telephone numbers of any and all subscribers who have identified to the telephone company their refusal to pay the "911" fee. The telephone company shall have no obligation to take legal action to enforce collection of said fee. Indemnification St. Lucie County shall indemnify the telephone company against liability in accordance with the telephone company's lawfully filed tariffs unless the telephone company acted with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property in providing service. St. Lucie County shall remain liable to the telephone company for any E911 service equipment, operation, or maintenance charges owed by the county to the telephone company. Sections 1-2-3 - 1-2-15. Reserved. 0 0 0 PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. ~-:,-A thrcugh passages are deleted. added. 4 Underlined passages are PAR~ B. CONFLiCtiNG PROViSiONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other 'person, property or circumstances. O 0 0 0 PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of the ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304 PART F. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART G. PENALTIES. St. Lucie County shall have the right to sue in civil court to enforce the provisions of this ordinance. ............. ~.. passages are deleted. Underlined passages are added. 5 'PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green Vice Chairman Ken Sattler AYE AYE PART I. Commissioner Havert L. Fenn AYE Commissioner Cliff Barnes NAY Commissioner Charles D. Charles, Sr. AYE CODIFICATION. Provisions of this ordinance shall be incorporated in the County code and the word "ordinance" may be changed to "section", "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to I shall not be codified. PASSED AND DULY ADOPTED THIS 18th day of July, 1995. ATTEST: BOARD OF COUNTY COMMISSIONERS AND 0 0 0 ...... through passages are deleted. added. 6 Underlined passages are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO. 95 - 036 FILE NO:. PA-95-001 AN ORDINANCE AMENDING THE CONSERVATION ELEMENT OF THE ST. LUCIE COUNTY COMPREI~E~NSIVE PLAN; PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING AMENDMENTS TO THE CONSERVATION ELEMENT, OF THF~ COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN E.FFECrlVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: On January 9, 1990, this Board adopted the St. Lucie County Comprehensive Plan which included a Conservation Element; Section 163.3187, Florida Statutes, provides for amendment of an adopted comprehensive plan in such a way as to preserve the internal consistency of the plan; On July 12, 1994, this Board adopted Resolution 94-126 which resolved to initiate this amendment to its Comprehensive Plan (Exhibit A); On February 16, 1995 the St. Lucie County Local Planning Agency held a public hearing on the petition, after publishing notice in accordance with Section 9J-11.003(1), Florida Administrative Code, and recommended this Board approve the amendment to the Conservation Element as described in Part A below; On April 18, 1995 this Board, through Resolution No. 95-097, authorized the transmittal of this petition to the Florida Department of Community Affairs for further agency review in accordance with the provisions of Chapter 163, Florida Statutes; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 On June 19, 1995, the Florida Department of Community Affairs authorized adoption (Exhibit B) of this amendment in accordance with Chapter 163, Florida Statutes; On August 1, 1995 this Board continued until August 15, 1995, a public hearing on this petition, after publishing a notice of such hearing in the Ft. Pierce Tribune and the Port St. Lucie News on July 24, 1995; On August 15, 1995 this Board continued the public hearing on this petition. The proposed amendment to the Conservation Element is consistent with all elements of the St. Lucie County Comprehensive Plan and will preserve the internal consistency of the Comprehensive Plan, pursuant to Section 163.3177, Florida Statutes. NOW, TItEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A_ CHANGE IN CONSERVATION EI,F. MENT The Conservation Element of the St. Lucie County Comprehensive Plan, is hereby amended to provide objective and policies addressing the creation of greenways, as shown on the attached Exhibit C. B_ FINDING OF CONSISTENCY This Board specifically determines that the approval of this change to the Conservation Element is internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan, the State Comprehensive Plan and the Treasure Coast Regional Policy Plan. C_ ADDITIONS TO THE CONSERVATION FJ.F~MENT The St. Lucie County Community Development Director is hereby authorized and directed to cause these changes to be made to the Conservation Element Ordinance 95 - 036 Greenways Adoption Page 2 0 0 0 q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D-- CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. E_ SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F_ APPLICABILITY OF ORDINANCE This ordinance shall be applicable as stated in Paragraph A. G-- FILING WITH THE DEPARTMENT OF STATI~ 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. H__ FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIR The Community Development Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida, 32399. I- EFFECTIVE DATE The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance wiih Chapter 163.3184, Florida Statutes; or the Ordinance 95 - 036 Greenways Adoption Page 3 0 0 0 O~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes. J. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Denny Green Vice-Chairman Ken Sattler Commissioner Haven L. Fenn Commissioner Cliff Barnes Commissioner Gary Charles AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 15th day of August, 1995. ATTEST: DEPUTY CLERK Ordhan~ 95 - 036 Gr~nwa~ Adoption BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND ~ CORRECTNESS: Page 4 0 0 0 q EX~.IBI ? A 3 7 9 13 I_ . 14 16 17' 18' ~ 3. 21' 24 27 30 32 6. 33 34 37 3S 39 4I RF-~OLUTION NO_ 94- 126 ^ RESO~oN oF T~tE'~O.~ OF cotn~ry CO~$$[ON~.$ OF ST_ L~C~E COU~WX', FLORIn& RECOC.~vYN¢ 'rnE.'n~roL~N R~VER LAC, OON CREF_~,V,,^y~ OF ~r_ LUCIE couhq'r IAq~R. EAS, th~ Board of County Commksioncrx of St_ Lucie County, Florida, has made thc following determinations: St_ Lucie'County adopted thc St. Lucic County Comprch~ivc'Plan by Ordinance 91-01; and Thc adopted comprctmu~,e plan contains objectives and policies which protccx ecolo~cal COmmuniti~, and Thc County has adoptci:l polidies and regulations which protect thc habi/at 6'f-viable .. population< of threatened, cadaagcred or ~ae~c~ of xpccial cod~- and The .... ximpl?Uaty has ~ xuch avax71~lc mca.varc~ xuch as conservation zoning and fee a~ to protccx these conscrvation arcag re<l- St_ Lucic Coumy aacl thc Staxc of Florida have worked toward thc cxt~lix~mc~'t of R.cc~.c~ion Ar~ ~h, Broo~s' P2rk,'Grcc~ T,~tic B~ ~hc Do~-~ u T~ uagoon Aquatic.Pr~ thc Avalon Tract, Jack I~land Stazc Preserve., Ft. Pierce Inlet ' - - ....ct, .. the tkean Bay Tract3 and St.'tuc/e Co~t~ hte, m to co-tinuc to ,~ork toward r,~w~g thix ecologkal greeaway network alo~ t~c [n<~u .RA, cr Lagoon aad Hutch~ _~on Ixland; .".:: .'-:--:-.-- "' NOW ~OILE, ~E ri'RESOLVED by thc Board o~ County Comm,~ioncrs of St_ Lucic County, Florida: ' ' ' ' St_ Lacie County will initiate an amendment to its Comprchcdsiv-c 'Pian which, if adopted, will establish one or more policies which v,~ rccoguizc thcjux¢ of thc Indian River Lagooa and acFjaccat lands by varioux plant and animal xp6c,cs, add ',ufftic~ ~ ~0, ,,-' '--.1 Oo - Oc (=3 o('~ oo O, -_~ 2 3 4 $ ~3 ~4 24 -33 35 3~ 37 3~ Bi' provide for thc t~o~cc~oh o~ uniquc habi~a~ and ra6,,c vcgc~advc ~mmuni6~ ~ich may bc found ~ ~ ~1 ~n~y nc~rk. SL ~c ~ ~ ~n~uc ~o ~ rc~la~o~ m~ ~ hnd a~u~ifion pr~ ~ ~~ ~ ~! grccn~y nc~ ~r .mo~n ~ ~ ~c x~c on ~s R~ludon ~ ~ fo~ -Chairman Havcr~ L F-cnn AYE V'~c-Oxairman I)cnn), Grcen AYE Commiasioncr Judy Culpcpper AYE C-ommiaSioner R_ Dale Trcfchcr AYE Comm-_,~o: ncr Cliff .l~.cs AY[ PASSE. l) ~ DULyAI)0PTED This lZzh Day of Jul); Lg94_ cputy O~.~ ~ :. APPRox.q~D AS TO FORM ~D' 0 0 0 0 EXHIBIT B STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EA4ERGENC¥ MANAGEMENT ° HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT LA%,VTON CHILES LINDA LOOM. IS SHELLEY Governor Secre~ June 19,-1995 0 0 0 The Honorable Denny Green Chairman, St. Lucie County Board of Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Dear Commissioner Green: This is a follow-up letter to the letter sent to you on jUne 2, 1995 to notify you of any-additional requests-~o review the proposed amendment to your comprehensive land use plan. The Department has not received any recommendations for review from the Treasure Coast Regional Planning Council or any affected person regarding the County's proposed plan amendment, DCA reference No.(s) 95-2. Therefore, the Department has determined that the proposed amendments need not be reviewed and that the Objections, Recommendations and Comments report will be waived. The local government may proceed to ~mmediately adopt the amendment. AlsO, pursuant to Chapter 163.3189(2)(a), F.S., the Department recommends that the County include the following language in the adoption ordinance regarding the effective date of the adopted amendment: "The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S." 2740 CENI'ERVIEW DRIVE - TALLAHASSEE, FLORIDA 32399-2100 fLOglDA KEYS Ag[A OF CRli~ STAT[ COt<I:RN EI[LD Oi [IL-'[ /e, ara~h0n. IIo6d~ 33050-2227 SOUI'H fLORIDA RECOVERY C~ [ICI P.O. 8ox 4022 8600 N.W. /v~mi, Fto~da 331594022 CR[[N SW~P AREA OF CRITICAL STAT[ it[LO C,~t ICL 1 SS last Sumn~edin 8anow, flo~d~ 33830-4541 The Honorable Denny Green June 19, 1995 Page Two CG/pcr Further, the Department,s notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice pursuant to Chapter 163.3184(9), F.S. This letter should be made available for Public inspection. If you have any question, please contact Jim Snyder, the Planning Manager overseeing the review of the amendment, at (904) 487-4545. Sincerely, Charles Gauthier, AI~P ~. Growth Management Administrator ~ Bureau of Local Planning cc: David Kelly, Planning Manager 0 0 0 0 Objective 8.1.13: Policy 8.1.13.1: EXHIBIT "C" By December 1, 1998, the County shall develop a greenway plan to facilitate the implementation of greenways within its jurisdiction. At a minimum the plan shall include a map of existing and proposed greenways, identify gaps in the greenway network, and set forth strategies for the maintenance and expansion of the existing network. The county shall coordinate with thc state and federal land acquisition programs to encourage, where appropriate, the connection of existing publicly owned parcels of land into a greenway network. 0 0 0 0 Policy 8.1.13.2: The county shall pursue grants from state, federal and private organizations to plan and assemble the greenway network. Policy 8.1.13.3: The county shall encourage multi-use of greenways, as appropriate, and facilitate the developmem of shared recreation greenways and conservation wildlife corridor greenways. Policy 8.1.13.4: The county shall establish guidelines within the Land Development Code that facilitate usable open space that is access~le to cyclists and pedestrians. Non-paved bicycle and pedestrian access shall be encguraged between uses where paved access would negatively impact existing habitats. Policy 8.1.13.5: The county shah develop a beautification and improvement program-for areas used by the general public (e.g. roads, sidewalks, bicycle paths, pedestrian walkways, parks and open space areas) to enhance vehicular and non-vehicular movements. The program shall encourage planting standards that promote the use of appropriate native plants in road and utility rights-of-way to restore the original native plant community to the extent practicable. Policy 8.1.13.6: Policy 8.1.13.7: Policy 8.1.13.8: Policy 8.1.13.9: The county shall utilize, where possible, existing rights-of-way as wildlife corridors and pedestrian areas. The county shall encourage the development of a greenway network through connecting privately and publicly owned recreational and conservation lands. Acquisition will only be obtained through voluntary negotiations with private property owners. The County shall not require the dedication of easements, solely to further the greenway, as a condition of any development order. The county shall consider incentives that encourage the granting of conservation easements for natural linear greenways and/or scenic drives. The county shall support the reconnection of impounded wetlands to the Indian River Lagoon to improve the productivity of estuaries; and the implementation of adaptive management strategies for saltwater marshes and mangrove systems which are consistent with Best Management Practices for mosquito control. Objective and Policies Page 2 ~oAnne Hol~an,.~Cler~ ~f the-Circuit Court - St. File Number: 142 · 680 OR BOOK O97. Recorded: 09-14-95 10:59 A.M. ucie County PAGE 20 4 5 ORDINANCE NO. 95-37 AN ORDINANCEAMENDING SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION (GENERALLY) 0FARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON EUCLID DRIVE (BOTH SIDES) THE ENTIRE LENGTH OF THE RIGHT-OF-WAY FROM U. S. HIGHWAY 1 EAST TO OLD DIXIE HIGHWAY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1) (m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. After conducting a traffic safety study on Euclid Drive, the Traffic Operations Section of the Road and Bridge Division of the Public Works Department has recommended that parking be prohibited on Euclid Drive (Both Sides) the entire length of the right-of-way from U. S. Highway 1 East to Old Dixie Highway. 3. The Engineering Division of the Public Works Department has approved the recommendation and the St. Lucie County Sheriff's Department has concurred with the recommendation. 4. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to prohibit parking on Euclid Drive (Both Sides) the entire length of the right-of-way from U. S. Highway 1 East to Old Dixie Highway. Struck through passages are deleted. added. 1 Underlined passages are ~.0R BOOK O974 ~AGE 2046 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OFARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-17. Parking restricted on certain streets. (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. (b) The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," (Both sides) from its intersection of Orange Avenue North to its intersection with Avenue B. "Angle Road," within three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road," within three hundred (300) feet on either side of the entrance to Westwood High School. "Arnold Road," the entire length of the right-of-way, from South 35th Street West to South 39th Street. "Atlantic Beach Boulevard," the entire length of the right-of-way, from Shorewinds Drive to its end, North Jetty. "Avenue D," within three hundred (300) intersection with Angle Road. feet of its ............. ~ passages are deleted. added. --2-- Underlined passages are ., OR BOOK O974 PAGE 2047 "Avenue Q," within two hundred intersection with Angle Road. (200) feet of its "Beach Avenue," (East side), within one hundred (100) feet of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred (100) feet South of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred fifty (150) feet North of its intersection with Shady Lane. "Bell Avenue," (South side), from the intersection of Oleander Avenue Westerly approximately seven hundred (700) feet. "Chamberlin Blvd.," (North side), from one hundred forty (140) feet East of its intersection with U. S. Highway #1 (S.R. 5) for a distance of three hundred (300) feet to a point four hundred forty (440) feet East of its intersection with U. S. Highway #1 (S. R. 5). "Darter Court," (Both sides), from its intersection with 0keechobee Road to the East end. "Edwards Road," from Will Fee Road West to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way, from West 1st Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Euclid Drive," (Both sides) the entire length of the right-of-way, from U. S. Highway 1 East to Old Dixie Highway. "Everglades Blvd.," (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714') feet. "Flamingo Boulevard," the entire length of the right-of- way. "Glades Cut-Off Road," five hundred (500) feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. ............. ~ passages are deleted. added. --3-- Underlined passages are OR. BOOK 0974 P-CE 2048 "Glades Cut-Off Road," within three hundred fifty (350) feet in all directions of its intersection with Midway Road. "Indrio Road," (Both sides), from the projected center- line of Indian Pines Village Entrance five hundred (500) feet East and five hundred (500) feet West; for a total distance of one thousand (1,000) feet. "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue (SR 68). "Midway Road," (South side) within three hundred (300) feet of its intersection with 25th Street. "Midway Road," within three hundred fifty (350) feet in all directions of its intersection with Glades Cut-Off Road. "Moorings Lane," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "North Ocean Drive," the entire length of the right-of- way, from Sea Oats Drive to Shorewinds Drive. "Oak Drive," the entire length of the right-of-way. "Oleander Avenue," from the entrance to the State Farmers Market, Southerly approximately five hundred (500) feet. "Oleander Avenue," (East side), from West 1st Street to just South of the White School property, Monday through Friday, between the hours of 7:0 a.m. and 4:00 p.m. only. "Peters Road," (Both sides), from its intersection of State Road 70 (Okeechobee Road) for the entire length to the end of the existing pavement. "Sea Oats Drive," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "Shady Lane," within one hundred (100) feet of its intersection with Beach Avenue. "Shorewinds Drive," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "South 33rd Street," (West side), the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. ............. ~.. passages added. are deleted. Underlined passages are --4-- ~. OR ~OOK O9 74 PAGE 2049 (c) (d) "South 35th Street," (West side), for a distance of one hundred sixty-five (165') feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170') feet South of the Centerline of Arnold Road. "South 36th Street," the entire length of the right-of- way, from Virginia Avenue South to Arnold Road. "Tamarind Drive," the entire length of the right-of-way, from Shorewinds Drive to Flamingo Boulevard. "Tumblin Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "Weatherbee Road," (Both sides), from its intersection of U. S. Highway #1 East to its intersection with Pressler Lane. "West 2nd Street, (North side), from Elm Avenue East to Oleander Boulevard, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," entire length of right-of-way, from Elm Avenue West to Cypress Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "Windham Lane," the entire length of the right-of-way, from Atlantic Beach Boulevard to Oak Drive. "50th Street," within two hundred (200) feet of its intersection with Angle Road. The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. Penalties for violation of this section shall be in accordance with State law. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and ............. ~ passages added. are deleted. Underlined passages are --5-- OR BOOK 0974 PAGE 2050 County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler AYE Struck through passages are deleted. Underlined passages are added. --6-- ~OR BOOK 0974 -%GE 2051 Commissioner Cliff Barnes AYE Commissioner Havert L. Fenn AYE Commissioner Gary D. Charles, Sr. AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this ATTEST: DEPUTY... CLERK ............. ~.. passages are deleted. added. --7-- Underlined passages are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ROAD IMPACT FEE ADJUSTMENTS ORDINANCE NO. 95-038 AN ORDINANCE AMENDING ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES) , OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS, BY AMENDING SECTION 1-17-29 COMPUTATION OF THE AMOUNT OF ROADS IMPACT FEE, BY PROVIDING FOR A THREE (3) YEAR PHASE IN SCHEDULE OF THE ROADS IMPACT FEE RATES APPROVED UNDER ORDINANCE 95-012; BY AMENDING SECTION 1-17-31 BY CHANGING THE NEW ROAD IMPACT FEE BENEFIT ZONES APPROVED UNDER ORDINANCE 95-012 BY REFORMING NEW BENEFIT ZONE 4 (ORDINANCE 95-012) TO MATCH OLD BENEFIT ZONES 4 & 5 (ORDINANCE 85-010) ; AND BY AMENDING THE EFFECTIVE DATE OF THE REVISED ROAD IMPACT FEES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR REPEAL OF THE EFFECTIVE DATE OF PORTIONS OF ORDINANCE 95-012; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On November 12, 1985, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 85-10, imposing a road impact fee in St. Lucie County. o On November 13, 1989, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 89-66, amending the road impact fee schedule to reflect revisions to the cost of road construction and right-of-way acquisition. o On February 16, 1993, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 93-002, amending the County's Impact Fee Regulations, but not altering the Impact Fee schedules. o On June 27, 1995,' the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 95- 012, amending the County's Impact Fee Regulations, including the impact fee assessment tables but directing that the impact fee rate revisions not Underline is for addition ~-~u- ~ ..... ~ is for deletion Ordinance %95-038b Road Impact Fees - Phase In Schedule Page 1 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ROAD IMPACT FEE ADJUSTMENTS o o become effective until October 1, 1995. The Board of County Commissioners is desirous of amending the effective date of the new Road Impact Fee rates so as to provide for a three (3) year phase-in period for the new rates approved under Ordinance 95-012, beginning January 1, 1996 and carrying through to January 1, 1998. On September 7, 1995, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in The Port St. Lucie News and the Ft. Pierce Tribune at least ten (10) days prior to the hearing and recommended that the proposed amendments be adopted. On September 19, 1995, this Board held a public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and Port St. Lucie News on September 7, 1995. The proposed amendments to Article III, Road Impact Fees are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Article III, Chapters 1-17-29 and 1-17-31, of the St. Lucie County Code and Compiled Law are amended to read as follows: Sec. 1-17-29. Computation of the amount of roads impact fee. (a) At the option of the fee payer, 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 and are to be phased in over a period of three (3) years beginninq January 1, 1996 and changinq each January 1st throuqh 1998, unless otherwise amended by the board of county commissioners. 0 0 0 Underline is for addition Strike Thrcu~h is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 2 PRINT DATE: 9/19/95 1 3 4 5 6 7 8 9 10 11 '15 '16 :1.7 :1.8 2O 2:1_ 22 23 2~ 26 2'7 28 2~ 3O 31 32 34 35 ROAD IMPACT FEE ADJUSTMENTb i::::!:!:~:i::ii:.i~::i;!:i:.::':i:i':~::ii':i .i::::ii:: ~i i::: iiii :h::: :::::::: ::?:::::::::::::::::::::: ::::::::.:i': :: ::::i:::::.i :ii:: :.* .:::::ii ..i~:IOR'O:.u~lz)TM. iii~NcR~Ei::::ii :*: 't~ :' *' ~':?':':~ ':!:ii ":: : '::': ............ ::'::": .......... "~" · ........ :::~: --'::t "~ ~:;: 1.~'::~:::: RESIDENTIAL SINGLE FAMILY PER UNIT 9.20 1447 288 872 1159 1447 MOBILE HOME/RV (MHPIRV Park Only) PER UNIT 4.60 719 142 434 577 719 MULTI-FAMILY 1 & 2 Firs PER UNIT 6.70 1049 208 634 841 1049 MULTI-FAMILY 3+ Firs PER UNiT 3.50 546 108 329 438 546 HOTEL/MOTEL PER ROOM 10.19 917 121 676 796 917 BED & BREAKFAST RESIDENCE ~-~,~,~-~,~~'~m~'~a~'"~F~*~"~'~ PER ROOM 2.00 185 62 62 123 185 ALL OTHER RESIDENTIAL PER UNIT 6.70 1049 208 634 841 1049 OFFICE & FINANCIAL MEDICAL OFFICE PER 1000 FT= 54.60 2632 344 1945 2288 2632 FINANCIAL OFFICE PER 1000 FT~ 202.50 2925 (0) 2925 2925 2925 OTHER OFFICE <25,000 PER 1000 FT~ 22.16 1072 238 595 834 1072 OTHER OFFICE 25-50,000 PER 1000 FT~ 18.58 804 149 506 655 804 OTHER OFFICE >50,000 PER t000 FT~ 14.03 673 105 462 568 673 RETAIL TRADE UNDER 50.000 FT~ PER 1000 FT~ 92.00 2029 104 1822 1925 2029 50,000 -499,999 ~ PER 1000 FT~ 50.71 1792 32 1728 1760 1792 500,000 - 999,999 FT~ PER 1000 FT~ 32.09 1415 110 1194 1305 1415 + 1,000,000 FT~ PER 1000 FT~ 29.62 1:301 74 1154 1227 1301 GASOLINE SERVICES SERVICE STATION ~-~,,T^, I 180.55 I 7~ I 265 I 265 I 531 I 7~ INDUSTRIAL WAREHOUSE PER 1000 FT' 4.88 438 53 332 385 438 TRUCK TERMINALS PER 1000 FT~ 9.85 769 256 256 513 769 0 0 0 ~0 Underline is for addition Strike Tkrcu~h is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 3 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ROAD IMPACT FEE ADJUSTMENT~ !::i:iii.!~ :!:i::: ~i::i::i : i ii:i"i:~:::::::::::::::::::::::::: ?i: :~:i::::'! ~ . i'::::i: ::!! .: : ~ :i.::.: :: ..::::::: :..:::.. :.ii:i. i.i::?:~ .! ::::i:. :i~"EE AS!OF .:. :::: ......... ::::::::::::::::::::::::::::::: ~:~k,..f~l~ill : ::?. '.:::]UNIT:OF :.~RIP ~ :APPROVED'::: ::;~ANNUA/. ::..! : ':' '' :::i! :::::::::::::::::::::::: ! :ii~: :: :.':: :?:::i: :i: L: ' : ::L:.i'i"::.::~i~ ::?! .~,u::: :. ::-R~ :::!:. ~,,~::i!?:i : ::~O~ :::: i~"":':~ :::ili:t~:..:j*.~i~i:il~.::~AN,~,.i :::::::::::::::::::' :.:.::.::. :.::::.:: '::...::.:::.:.:. · :. :. :.::: .i :' :' · ".: · · :'::; : : : ': ': : I : ::: ::II~I~REA~E'.:: :,1~ $ ': ' .: ::..: ......... ... ..... :.: .... :.:. ............... · ... ..... . ...... :~,:::~ INSTITUTIONAL SCHOOL - ELEM. PER 1000 FT2 10.72 1208 3~4 421:) 814 1208 SCHOOL - MIDDLE/HIGH PER 1000 FT: 10.90 1229 401 427 828 1229 DAY CARE CENTERS PER 1000 FT= 79.62 1575 516 542 1059 1575 FRATERNAL ORGANIZATIONS PER 1000 FT~ .31 20 4 11 16 20 HOSPITAL PER BED 11.77 1112 371 371 741 1112 NURSING HOME PER BED 2.80 244 81 61 163 244 LIBRARY PER 1000 FT2 45.50 3006 1002 1002 2004 3006 RECREATIONAL PARK (CITY/COUNTY/STATE) PER ACRE 1.91 127 42 42 85 127 RECREATION FACILITY - ALL TYPES PER 1000 FT2 3.10 201 67 67 134 201 GOLF COURSE PER HOLE 37.59 3726 1242 1242 2484 3726 Underline is for addition °~-~ ~ ..... ~ is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 4 PRINT DATE: 9/19/95 1 .2 3 10 11 3_5 ].6 5.7 18 2O 2'1 22 23 2~ 27 28 2~ '~0 31 ~2 34 ROAD IMPACT FEE ADJUSTMENT~ ':APPROVED ::RA~E:OF :i ):i INCREASE RESIDENTIAL SINGLE FAMILY PER UNIT MOBILE HOME/RV (MHP/RV Park Only) PER UNIT MULTI-FAMILY 1 & 2 Firs PER UNIT MULTI-FAMILY :3+ Firs PER UNIT HOTEL/MOTEL PER ROOM BED & BREAKFAST RESIDENCE E~ ~,~.~~ PER ROOM ALL OTHER RESIDENTIAL PER UNIT 9.20 4.60 6.70 3.50 10.19 ZOO 6.70 1447 16:3 719 80 1049 117 546 61 917 3 185 62 1049 117 1120 1284 I 1447 814 932 I 1049 · 910 914 [ 917 62 123 I 185 814 932 I 1049 OFFICE & FINANCIAL MEDICAL OFFICE PER 1000 FT2 FINANCIAL OFFICE PER 1000 Fl= OTHER OFFICE <25,000 PER 1000 FT2 OTHER OFFICE 25-50,000 PER 1000 FT= OTHER OFFICE >50,000 PER 1000 Fl= 202.50 22.16 18.58 14,03 2632 4 2925 (0) 1072 163 804 73 673 30 2925 I 2925 I 2925 747190911072 65717311804 RETAIL TRADE UNDER 50,000 FT2 PER 1000 FT2 50,000 - 499,999 FT~ PER 1000 FT2 500,000 - 999,999 FT: PER 1000 k-T= + 1,000,000 FT= PER 1000 FT= 92.00 50.71 :32.09 29.62 2029 (0) 1792 (0) 1415 (0) 1301 (0) 1792 I 1792 I1792 1415 1415 I 1415 1301 1301 I 1301 GASOLINE SERVICES SERVICE STATION I~-R P~JllIP 8TAT [ 180.55 I 796 [ 265 I 265 631 [ 796 INDUSTRIAL WAREHOUSE TRUCK TERMINALS PER 1000 Fr.2 4.88 438 [ (0) ! PER 1000 Ff': 9.86 769 I 256 438 438 438 256 513 769 0 0 0 Underline is for addition Strike Tkrcu~k is for deletion Ordinance #95-038b Page 5 Road Impact Fees - Phase In Schedule PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ROAD IMPACT FEE ADJUSTMENTb i::~ !::~:~::~::' :::::::::::':..:..:::.:':.. ;::.~-A~..E :.:.~-~ ~:: :~:~: : .i:~..'~:o~: :i ' ~A., : I ,,,A.,~ I ~" ~ ::::::::::::::::::::::::::::::::::: : .~::: :?: ?:::?:~: : '~-~,] :~:' :::mc~s~:;': ~ ~ :::.::1 :; S~? :1' ~; I~III~L SCHOOL - ELEM. PER ~0 ~ 1032 120~ ~S~ 420 8~ ~208 SCH~L - MIDDL~HIOH PER ~000 ~ t0,90 ~229 ~t 427 828 ~22~ DAY CARE CE~RS P~R ~000 ~ ~.62 ~576 ~6 M2 1059 t57S F~L O~OANI~ONS PER 1000 ~ .~ 20 2 ~S 1~ 20 HOSPITAL PER BED 11.77 1112 371 371 741 1112 NURSING HOME PER BED 2.80 2~ 81 ~1 ~63 2~ LIB~RY PER 1000 ~ ~.~ 3~6 1~2 1002 ~ 3006 ~~L PARK (CI~ICOUN~ISTATE) PER ACRE 1.91 127 42 42 85 127 RECR~ON FAClLI~ - A~ ~PES PER 1~ ~ 3.10 201 67 67 134 201 GOLF COURSE PER HO~ 37.59 3726 1242 1242 2~4 3726 Underline is for addition Strike Through is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 6 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 ~7 21.8 2O 2~ 22 23 24 25 26 2'7 2~ 3O 33. 32 33 34 ROAD IMPACT FEE ADJUSTMENTb i:.i:i:?.ilj::::iliEi~ i: : ii.?.:::i .' ::: i:: i ! : !.i::J:::JJ :: ?!:::::.i ': i!':'! : i::iEi~i:ii:::il;: :'::: ~ i :. ":i:I~TE ":: :: :i::: ::: :::~RATE:OF i:':::. :.~IAN. ~1:,.;11 ::''I':~AN :;i' : il :':I~IANI:~::::i '::-::::".:::::::..' ' .:: .:::: ' ::::.::.: : :: . '::: ..:'::.::..:.:.: ': .'::::. :':::. :': .:O~31~,.eta :. :.: NCI~EA~E :':' : '~1111~ :' : ' ' ::: '::?11~$:"::'i RESIDENTIAL SINGLE FAMILY PER UNIT 7.50 1967 (0) 1967 1967 1967 MOBILE HOME/RV (MHP/RV Park Only) PER UNIT 4.60 1204 (0) 1024 1204 1204 MULTI-FAMILY 1 & 2 Firs PER UNIT 6.70 1756 (0) 1756 1756 1756 MULTI-FAMILY 3+ Firs PER UNIT 3.50 917 (0) 917 917 917 HOTEL/MOTEL PER ROOM 10.19 1525 (0) 1525 1525 1525 BED & BREAKFAST RESIDENCE ~ .~ ~ ,~ ~ ~,~ =.~ ~.~, u~ F~ .~ ~o PER ROOM 2.00 299 100 100 199 299 ALL OTHER RESIDENTIAL PER UNIT 6.70 1756 (0) 1756 1756 t756 OFFICE & FINANCIAL MEDICAL OFFICE PER 1000 FT= 54.60 1062 (0) 1062 1062 1062 FINANCIAL OFFICE PER 1000 FT= 202.50 1182 (0) 1182 1182 1182 OTHER OFFICE <25,000 PER 1000 FT2 22.16 432 10 413 422 432 OTHER OFFICE 25-50,000 PER 1000 FT2 18.58 432 (0) 325 325 325 OTHER OFFICE >50,000 PER 1000 FT~ 14.03 432 (0) 268 268 268 RETAIL TRADE UNDER 50,000 FT~ PER 1000 FT~ 92.00 893 (0) 893 893 893 50,000 - 499,999 FT~ PER 1000 FT~ 50.7t 783 (0) 783 783 783 500,000 - 999,999 FT= PER 1000 FT~ 32.09 624 (0) 624 624 624 + 1,000,000 FT= PER 1000 FT~ 29.62 576 (0) 576 576 576 GASOLINE SERVICES INDUSTRIAL WAREHOUSE PER 1000 FT~ 4.88 162 (0) 162 162 162 TRUCK TERMINALS PER 1000 FT2 9.85 289 (0) 289 289 289 GENERAL INDUSTRIAL PER 1000 FT~ 4.11 139 (0) 139 139 139 0 0 0 0 Underline is for addition Strike ThrcuDh is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 7 PRINT DATE: 9/19/95 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 ROAD IMPACT FEE ADJUSTMENT~ ::::::::::::::::::::::::::: ;: .:i.i~,,~'u~ ~v-~: ~ ':~:::n~?o~i .:. ii :::~i~'at~ :)~ :::a~P~'::::/~:::~U~ :::.: :.,',': ', ' :'::, .~:::..::::~::.?~.::.::?..~:;, ~,:: ?:: ::.::~:~ ======================================== :::~.~:::~:.: :~.~.: .:: ::~.~ .::~::,.e~:~: :.::::::~:~:;.~ ::'"~ :5:' ~::! ::: INSTITUTIONAL SCHOOL - ELEM. PER 1~ ~ 10.72 525 1~ 198 361 525 SCHOOL - MIDDL~HIGH PER 1~ ~ 10.~ ~0 169 203 371 DAY ~RE CE~RS PER 1~ ~ 79.62 695 220 2~ 475 695 F~R~L ORGANI~ONS PER 1~ ~2 .31 14 1 11 13 14 HOSPITAL PER BED 11 .~ ~3 161 161 322 483 NURSING HOME PER BED 2.80 109 ~ 36 73 109 LIB~RY PER 1~ ~= 45.~ 1324 ~1 ~1 883 1324 RECR~TIONAL PARK (CI~/COU~/STA~) PER ACRE 1.91 53 1~ 18 35 53 RECR~ON FACILI~ - ALL ~PES PER 1~ ~ 3.10 ~ ~ 30 30 GOLF COURSE PER HOLE 37.59 1~3 ~ ~8 1~5 1~3 Underline is for addition £trikc Through is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 8 PRINT DATE: 9/19/95 1 .2 3 4 5 6 7 8 9 10 '16 ~7 2O 23. 22 2~ 2~ 26 27 28 2~ ~2 ~3 34 ROAD IMPACT FEE ADJUSTMEFr~ ::i:~h:i:.~: :i::: :.::iii:~i::~E~:'i:il. :: ... ::i:: .?::i':UM~DF .: ::TRIP'::.:. i::~APPROVED : .ii.ANNUAL :'i:::i , i ,, ,, ' ' ~ , ...... : ]??:iii : :::::i ii ': :' ': i~!:': ':. '::: : :?::i:'i:':: ': ::::' ii: ::i:i::MEASURE :'ii ::.:iiRATE :::'! :.":RATE: :i 'i:?:RATE'::OF:' i:;jAN '~1 ::i'il :dAN .~ '::i'l .~.~N..,~ ::!i :::::::::::::::::::::::::::::::::: ::.!.:::i i ::::i:::: ~: : ii:-: i': !::. !i':: :: :': ':::: :::.:: :: : .......: ..~ 1~o1~ :.i:!i .:~INCREA.qEi :.! ~9~ ':/::]. :': ':::~$97' ~::1 '.! ]ggS' .:: RESIDENTIAL SINGLE FAMILY PER UNIT 7.50 1261 147 967 1114 1261 MOBILE HOMEJRV (MHPIRV Park Only) PER UNIT 4.60 776 91 593 685 776 MULTI-FAMILY 1 & 2 F~r~ PER UNIT 6.70 1129 151 827 978 1129 MULTI-FAMILY 3+ Firs PER UNIT :k,50 585 67 450 518 585 HOTEL/MOTEL PER ROOM 10.19 980 35 909 945 980 BED & BREAKFAST RESIDENCE ~ ~ ~,~ ~-~- ~ -~-~ ~Y ~ ~ ~ ~o PER ROOM 2.00 189 63 63 126 189 ALL OTHER RESIDENTIAL PER UNIT 6.70 1129 151 827 976 1129 OFFICE & FINANCIAL MEDICAL OFFICE PER 1000 FT= 54.60 394 12 369 382 394 FINANCIAL OFFICE PER 1000 FT= 202.50 444 (0) 444 444 4A4 OTHER OFFICE <25,000 PER 1000 FT~ 22.16 163 28 107 135 163 OTHER OFFICE 25-50,000 PER 1000 FT~ 18.58 124 15 94 109 124 OTHER OFFICE >50,000 PER 1000 FT2 14.03 99 7 86 92 99 RETAIL TRADE UNDER .50,000 FT2 PER 1000 FT2 92.00 335 (0) 335 335 335 50,000 - 499,999 FT~ PER 1000 FI" 50.71 295 (0) 295 295 295 500,000 - 999,999 F-T: PER 1000 FT: :32.09 234 (0) 2~4 234 234 + 1,000,000 FT~ PER 1000 FT~ 29.62 217 (0) 217 217 217 GASOLINE SERVICES INDUSTRIAL WAREHOUSE PER 1000 FT' 4.88 62 2 58 60 62 TRUCK TERMINALS PER 1000 IT' 9.85 109 36 36 73 109 GENERAL INDUSTRIAL PER 1000 F'F2 4.11 49 (0) 49 49 49 O 0 0 0 0 Underline is for addition ~ '~ ..... ~ is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 9 PRINT DATE: 9/19/95 ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ROAD IMPACT FEE ADJUSTMENTS · ?..i:::::'ii.:::::: ;?':' ! ::..ii:~D::I.t~E ~::::i..::.:i:?.::.:i:i:i:.::i.ii:.::?i:.:'i: i::: i;.i:~INI~],IDF';, i.:5"RIP ; !APPR. O%,IED .i !)::.:;:!:ANNUAl:..?. , ,:i INSTITUTIONAL SCHOOL - ELEM. PER 1~ ~ 10.72 197 ~ 8g 133 197 SCHOOL - MIDDL~HIGH PER 1~ ~ 10,~ 201 B5 70 136 201 DAY CARE CE~RS PER 1~ ~ 7g.62 2~ ~ 89 174 258 F~R~L OR~NI~ONS PER 1~ ~ .31 4 I 2 3 4 HOSPITAL PER BED 11,~ 1~ 61 61 123 NURSING HOME PER BED 2.80 3g 13 13 26 3g LIB~RY PER 1~ ~ 45.~ 497 1~ 1~ 331 497 RECR~TIONAL PARK (CI~/COU~/STA~) PER ACRE 1.91 23 8 8 15 23 RECR~TION FACILI~ - ALL ~PES PER 1~ ~; 3,10 31 10 10 21 31 GOLF COURSE PER HOLE 37.59 617 2~ 2~ 411 617 0 0 0 0 Underline is for addition Strike Through is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 10 PRINT DATE: 9/19/95 1 ,2 3 4 5 6 7 8 9 10 1S 3.7 3.8 2O 221. 22 23 2~ 2'7 28 2~ 30 32 34 ROAD IMPACT FEE ADJUSTMENT,~ !:~?i.::: :i:'.: :::':ii.-'::::::i?::~ :~E :'t"~PE j:.. :i::.::i': !i !-i~: i::i i :: ::!~JNITO~iij:: :::i: :::.':~'"RIP::i:::'i ':APPRO~J~ :'.i'.: ::: :AldNUALi :::?::~ : ~ 'i , , ,: i::::.! ?:::.!~:i' :::::~:~:::.ili!:::: ~i~ ~::i ii-: :::::::~ ~ :.:: ~': :iii:?i :~'~:::~ :::.!?.A~.: ::::. :: :~,,~4" :::: ':::~:"A~ o~:!~.~i :.:~A".~ ~::::1 .~AN :~'::: ?:. ':'::'::.' :':: :':::'". ' : : :: .:.' ::'::".' .' · ' ':: .... :: :IN~I~:A~E:":: :' ' ~1 "? :' .... , : ........ ':":' :: ' ' .: :: ::: i. : : i::i ' ": :'::': : - . .:]..!' ~7..!:'!1.: RESIDENTIAL SINGLE FAMILY PER UNIT 7.50 2180 (0) 2180 2180 2180 MOBILE HOME/RV (MHPIRV Pad~ Only) PER UNIT 4.60 1334 (0) 1334 1334 1334 MULTI-FAMILY 1 & 2 Firs PER UNIT 6.70 1945 (0) 1945 1945 1945 MULTI-FAMILY 3+ Firs PER UNIT 3.50 1018 (0) 1018 1018 1018 HOTEL/MOTEL PER ROOM 10.19 1163 (0) 1163 1163 1163 BED & BREAKFAST RESIDENCE ~,~,~--~ ~.,L.u., ~.u~.= PER ROOM 2.00 227 76 76 151 227 I ALL OTHER RESIDENTIAL J PER UNIT 6.70 1945 (0) 1945 1945 1945 OFFICE & FINANCIAL MEDICAL OFFICE PER 1000 FT2 54.60 930 (0) 930 930 930 FINANCIAL OFFICE PER 1000 FT= 202.50 1030 (0) 1030 1030 1030 OTHER OFFICE <25,000 PER 1000 FT' 22.16 379 (0) 379 379 379 OTHER OFFICE 25-50.000 PER 1000 FT= 18.58 282 (0) 282 282 282 OTHER OFFICE >50,000 PER 1000 FT= 14.03 241 (0) 241 241 241 RETAIL TRADE UNDER 50,000 FT= PER 1000 FT= 92.00 777 (0) 777 777 777 50,000 - 499,999 FT= PER 1000 FT' 50,71 689 (0) 689 689 689 500,000 - 999,999 FT~ PER 1000 FT2 32.09 545 (0) 545 545 545 + 1,000,000 FT= PER 1000 FT~ 29,62 503 (0) 503 503 503 GASOLINE SERVICES INDUSTRIAL WAREHOUSE PER 1000 FT~ 4.88 135 (0) 135 135 135 TRUCK TERMINALS PER 1000 FT~ 9.85 252 84 84 168 252 GENERAL INDUSTRIAL PER 1000 FT= 4.11 121 (0) 121 121 121 O~ 0 Underline is for addition ~-~u- '~ ..... u is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 11 PRINT DATE: 9/19/95 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ROAD IMPACT FEE ADJUSTMEN. INSTITUTIONAL SCHOOL - ELEM. PER 1000 FT2 10,72 459 129 202 330 459 SCHOOL - MIDDLE/HIGH PER 1000 FT2 10.90 475 134 207 341 475 DAY CARE CENTERS PER 1000 F-~ 79.62 603 177 250 426 603 FRATERNAL ORGANIZATIONS PER 1000 FT~ .31 4 (0) 4 4 4 HOSPITAL PER BED 11,77 424 141 141 283 424 NURSING HOME PER BED 2.80 97 32 32 65 97 LIBRARY PER 1000 FT~ 45.50 1154 385 385 769 1154 RECREATIONAL PARK (CITY/COUNTY/STATE) PER ACRE 1.91 47 16 16 31 47 RECREATION FACILITY - ALL TYPES PER 1000 FT~ 3.10 77 26 26 51 77 GOLF COURSE PER HOLE 37.59 1429 476 476 953 1429 O 0 0 0 0 Underline is for addition Strike Through is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 12 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ROAD IMPACT PEE ADJUSTMENTS 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: o using traffic generation statistics contained in 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 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 o o 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 applying the formula set forth in section 1-17-19(c) hereof, and 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 0 Underline is for addition Etrikc Through is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 13 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ROAD IMPACT FEE ADJUSTMENTS 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 % New Trips New land miles = Attributable travel/Lane capacity Construction cost = New land miles x Construction cost per lane 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 - Credits Impact fee = Net cost - Discount Sec. 1-17-31. Use of funds and road benefit zones. (b) Except as provided in paragraph (d) of this section, all funds shall be used exclusively for capital improvements within the road benefit zone from which the funds were collected or for projects in other 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 I. Underline is for addition Strik~ Tkrcu~h is for deletion Ordinance ~95-038b Road Impact Fees - Phase In Schedule Page 14 PRINT DATE: 9/19/95 iii iii " 0 0 0 0 t~ 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ROAD IMPACT FEE ADJUSTMENTS PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SE%rEP. ABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the incorporated areas even in the absence of interlocal agreements with the affected municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 F. REPEAL OF EFFECTIVE DATE OF PORTIONS OF ORDINANCE 95-012. The effective date of the amendments to Section 1-17-29 and Section 1-17-31 approved under Ordinance 95-012 shall take not take effect and the fee schedule set out in this Ordinance shall govern. Underline is for addition ~-~u~ ~ ..... '~ is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 17 PRINT DATE: 9/19/95 1 6 7 8 9 10 11 12 13 · 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ROAD IMPACT FEE ADJUSTMENTS PART G. EFFECTIVE DATE OF THIS ORDINANCE. The Ordinance shall take effect October 1, 1995. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler AYE Commissioner Havert Fenn AYE Commissioner Gary Charles, Jr. AYE Commissioner Cliff Barnes AYE PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 I shall not be codified. PASSED AND DULY ENACTED this 19th day of September, 1995. OR95-38b (disk5) ROAD IMPACT FEE DJM BOARD OF COUNTY COMMISSIONERS ST. L~I~E COUNTY, FLORIDA APPRO~AS TO FO~ COUNTY Underline is for addition £trika Thrcu~h is for deletion Ordinance #95-038b Road Impact Fees - Phase In Schedule Page 18 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 95-039 AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE CREATION OF ARTICLE II OF CHAPTER 1-11 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES ESTABLISHING A LIBRARY IMPACT FEE ON LAND DEVELOPMENT ACTIVITIES IN ST. LUCIE COUNTY BY CREATING SECTION 1-11-11, PROVIDING FOR A SHORT TITLE, STATING AUTHORITYANDAPPLICABILITY OF THE ORDINANCE; BY CREATING SECTION 1-11-12, PROVIDING FOR THE INTENT AND PURPOSES; BY CREATING SECTION 1-11- 13, PROVIDING RULES OF CONSTRUCTION; BY CREATING SECTION 1-11-14, PROVIDING DEFINITIONS; BY CREATING SECTION 1- 11-15, PROVIDING FOR THE IMPOSITION OF LIBRARY IMPACT FEE; BY CREATING SECTION 1-11-16, PROVIDING FOR COMPUTATION OF THE AMOUNT OF THE LIBRARY IMPACT FEE; BY CREATING SECTION 1-11-17, PROVIDING FOR PAYMENT OF FEES; BY CREATING SECTION 1-11-18, PROVIDING FOR CREDITS; BY CREATING SECTION 1-11-19, PROVIDING FOR INDEPENDENT PROPERTY APPRAISAL; BY CREATING SECTION 1-11-20, PROVIDING FOR PROPERTY REVIEW APPRAISALS; BY CREATING SECTION 1-11-21, PROVIDING FOR THE CREATION OF LIBRARY IMPACT FEE DISTRICTS; BY CREATING SECTION 1-18-22, PROVIDING FOR THE ESTABLISHMENT OF LIBRARY IMPACT FEE TRUST FUNDS; BY CREATING SECTION 1-11-23, PROVIDING FOR THE USE OF FUNDS; BY CREATING SECTION 1-11-24, PROVIDING FOR REFUND OF FEES PAID; BY CREATING SECTION 1-11-25, PROVIDING FOR EXEMPTIONS; BY CREATING SECTION 1-11-26, PROVIDING FOR APPEALS; BY CREATING SECTION 1-11-27, PROVIDING FOR REVIEW AND AUTOMATIC ADJUSTMENT OF FEES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FORADOPTIONAND PROVIDING FOR CODIFICATION. WHEREAS, the St. Lucie County Comprehensive Plan establishes that land development shall not be permitted unless adequate capital facilities exist or are assured; and WHEREAS, the St. Lucie County Comprehensive Plan Ordinance #95-039b Library Impact Fee - Final Underline is for addition ~'-~-- '~ ..... ~ is for deletion Page 1 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 establishes 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, this Board operates and provides all library services for the residents of St. Lucie County; and WHEREAS, the Florida Legislature through the enactment of Section 163.3202(3), Florida Statutes, has sought to encourage local governments to enact impact fees as land development regulations; and WHEREAS, the Board of County Commissioners of St. Lucie County has determined that St. Lucie County must expand its library system in order to maintain the adopted level of service standards for libraries as set forth under Policy 11.1.1.21 of the St. Lucie County Comprehensive Plan; and WHEREAS, Policy 11.1.2.4 of the St. Lucie County Comprehensive Plan recognizes the obligation of future development in the community to be responsible for paying 100% of its capital facility/improvement impacts; and WHEREAS, the Board of County Commissioners has reviewed and accepted a Technical Memorandum on the Methods used to Calculate Law Enforcement, Library, Public Buildings, and Recreation and Park Impact Fees dated May 1995, prepared by Dr. James Nicholas, PhD. NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie County: Part A. ARTICLE II "LIBRARIES IMPACT FEE" OF CHAPTER 1-11 OFT HE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED AS FOLLOWS: Section 1-11-11. Short Title, Authority, and Applicability. This ordinance shall be known and may be cited as "Libraries Impact Fee Ordinance". the Underline is for addition °~-~- ~ ..... ~ is for deletion Ordinance #95-039b Page 2 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Bo The Board of County Commissioners of St. Lucie County has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and to Chapter 125 Co and Sections 163.3201 and 163.3202(3) Florida Statutes. This article shall apply to all areas of St. Lucie County, even in the absence of interlocal aqreements with the affected municipalities. Section 1-11-12. Intents and Purposes. ao This chapter is intended to implement and be consistent with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan. B o The purpose of this chapter is to requlate 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 libraries in St. Lucie County as contemplated by the St. Lucie County Comprehensive Plan. Co The Florida Leqislature throuqh the enactment of Section 163.3202, Local Government Comprehensive Planninq and Land Development Requlation Act and Section 380.06(16) of the Environmental Land and Water Manaqement act, Florida Statutes Chapters 163 and 380, respectively, has souqht to encouraqe local qovernments to enact impact fees as a part of their land development requlation program. Section 1-11-13. Rules of Construction. ao The provisions of this ordinance shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare. S o For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the followinq rules of construction shall apply to the text of this ordinance: In case of any difference of meaninq or implication between the text of this article and any caption, Underline is for addition ~-~'--~ ..... ~ is for deletion Ordinance #95-039b Page 3 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 illustration, summary table, or illustrative table, the text shall control. The word "shall" is always mandatory discretionary; the word "may" is permissive. and not Words used in the present tense shall include the future; and words used in the sinqular number shall include the plural, and the plural the sinqular, unless the context clearly indicates the contrary. The phrase "used for" includes "arranqed for," "desiqned for," "maintained for," or "occupied for." The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. Unless the context clearly indicates the contrary, where a requlation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either...or," the conjunction shall be interpreted as follows: a. "And" indicates that all the connected terms, conditions, provisions or events shall apply. b. "Or" indicates that the connected items, conditions, provisions or events may apply sinqly or in any combination. c. "Either ...or" indicates that the connected items, conditions, provisions or events shall apply sinqly but not in combination. The word "includes" shall not limit a term to the specific example but is intended to extend its meaninq to all other instances or circumstances of like kind or character. "County Administrator" means the County Administrator or whoever he/she may desiqnate to carry out the administration of this ordinance. Unless the context clearly indicates to the contrary, all land use terminoloqy in this article shall have the same Underline is for addition ~trikc Tkrcugh is for deletion Ordinance #95-039b Page 4 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 meaning as it has Development Code. in the St. Lucie County Land Section 1-11-14. Definitions. A "capital improvement" includes library site planning, land acquisition, site improvements, buildings, equipment and books, periodicals, videotapes, cd's and other similar library media with an expected useful life of two years or more, but excludes maintenance and operation. B o The "county library system" is a unit of the general government of the county charged with providing library services to the entirety of St. Lucie County, including all municipalities. Bo A "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 1-11-16 of this ordinance. Section 1-11-15. Imposition of Library Impact Fee. Any person who, after the effective date of this ordinance, seeks to develop land by applying for the issuance of a building permit for one of the residential land use types specified in Section 1-11-16 of this Ordinance or an electrical permit for a mobile home park or recreational vehicle park shall be required to pay a library impact fee in the manner and amount set forth in this ordinance. Nothing in this article shall be deemed to eliminate the requirements of Section 11.02.07 of the St. Lucie County Land Development Code. No building permit for any residential land use type specified in Section 1-11-16 of this ordinance nor electrical permit for a mobile home park or recreational vehicle park shall be issued unless and until the library impact fee hereby required has been paid as provided in Section 1-11-17 of this Ordinance. Underline is for addition .......~_~uA T..rmu-..~ =~ is for deletion Ordinance #95-039b Page 5 Library Impact Fee - Final PRINT DATE: 9/19/95 9 10 11 12 13 14 15 16 17 18 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Section 1-11-16. Computation of the Amount of Library Impact Fee. At the option of the feepayer, the amount of the fee may be determined by the followinq fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount. i!:!::~!:::i:!::!:i:::i:i:i:i~i~:!:!:!:i~!:!:!:i!~:!~i::!:!~!:!i~!~!~i~!~i~!~!~!~!~!~!~!~!~!~ ::::::::::::::::::::::::::::::::::::::::::::::::::: !i!!i!ii!::::::~-:::--:i:~i:i:i: i:i:i:ii~R,~.~..~.,*i::i:i: ~::~!:?i:!:¥:~.*.*1:.~..*' RESIDENTIAL SINGLE FAMILY PER UNIT 7--4 2--4 2-4 4--9 7-4 MOBILE HOME/RV (MHP/RV Park Onh/) PER UNIT 48 1--6 1__6 3--2 4-9 MULTI-FAMILY (All t),pe$) PER UNIT 66 2-2 2-2 44 66 HOTEL/MOTEL PER ROOM __0 __0 __0 __0 __0 BED & BREAKFAST RESIDENCE ~ ~, ~u~ T~ .~ ~.~ .~f~,L, ~, F~.~ ~ PER ROOM 0 0 0 0 0 ALL OTHER RESIDENTIAL PER UNIT 7-4 2-4 2--4 4-9 7-4 NOTE: The fee schedule shown in this Table is subject to revision based upon the provisions of Section 1-11-28 of this Article. S o If the type of residential development activity for which a buildinq permit or 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. The person applyinq for the issuance of a building permit or and 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 paraqraph A 0 Underline is for addition Strike Through is for deletion Ordinance #95-039b Page 6 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 .8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 above are not appropriate for his particular development. Based upon convincinq and competent evidence, the County Administrator may adjust the fee to that appropriate for the particular development. Section 1-11-17. Payment of Fee. ao The feepayer shall pay the fee in cash to the county administrator at any time prior to the issuance of a buildinq permit or electrical permit for a recreational vehicle park or mobile home park. In lieu of all or part of the library impact fee, the board of county commissioners may accept the offer by a developer to construct, dedicate or acquire property for part of a library facility that is consistent with the County's Comprehensive Plan or the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Villaqe. In addition, the construction or dedication of library facilities or acquisition of property for parks purposes must only be for purposes as set out in Section 1-11-18. The board of county commissioners shall credit the cost of the library improvement aqainst the library impact fee otherwise due. The portion of the fee represented by the construction or property dedication of library facilities shall be deemed paid when the construction or dedication is completed and accepted by the county 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 unimproved property, the provisions of Section 1-11-18(E) (2) shall apply. The portion of the fee represented by the property dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the county or other appropriate qovernmental entity. If library impact fees are owed, no development permits of any type may be issued for the buildinq 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. Underline is for addition .~_~,.A ~ ..... ~ is for deletion Ordinance #95-039b Page 7 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 1-11-18. Credits. A. Scope. Any person who shall commence any libraries impact qenerating land development activity may apply for a credit aqainst the required libraries impact fee for any contribution, construction, or dedication of land accepted and received by St. Lucie County for libraries capital improvement that is creditable pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Villaqe pursuant to its local development requlations or section 380.06, Florida Statutes, or any additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of reqional impact to the extent the contribution, payment, construction or dedication meets the same needs as the S o libraries impact fee. General. Any person desirinq a libraries impact fee credit, who proposes to make any contribution, construction or dedication. of a libraries capital improvement that is consistent with the County's Comprehensive Plan or the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Villaqe, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eliqible for a libraries impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eliqible for a libraries impact fee credit, the final amount of the credit shall be determined upon the submission of a request for libraries impact fee credit and the enterinq into of a formal libraries impact fee credit aqreement. Relationship of Libraries Impact Fee to Development of Reqional Impact. Pursuant to Section 380.06(16), Florida Statutes, the value of library land and/or other library capital improvements required pursuant to a County or City approved Development Order, shall be credited aqainst the Libraries Impact Fee. Underline is for addition °~-~-~ ..... ~ ia for deletion Ordinance #95-039b Page 8 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Do E o General standards for issuinq libraries impact fee credit. Prior to the issuance of any credits aqainst the libraries impact fee, the person who made the contribution, payment, construction or dedication of a library capital improvement shall enter into an Impact Fee Credit Aqreement with the Board of County Commissioners. The followinq provisions are the general rules for the award of credit, supplemented and provided in this section: Credit for contributions, payments, construction or dedications of the libraries impact fee shall not be transferrable as a credit aqainst other impact fees o imposed for purposes other than libraries. If allowed by the Credit Agreement, credits may be assiqned to successors in interest'provided the County receives a copy of the written aqreement siqned by both the assiqnor and the assiqnee that has been recorded in o the Public Records of St. Lucie County, Florida. No credit shall exceed the amount due for the libraries impact fee. No credit shall be qiven for dedications and library improvements dedicated or constructed before January 1, 1996. Specific standards. Credits aqainst libraries impact fees otherwise payable shall be allowed only under the followinq conditions. 1. County need. The contribution, payment, construction or dedication shall meet a libraries capital need identified in the o County's Comprehensive Plan or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. No credit shall be qiven for capita] improvements that do not meet a libraries capital need identified in County's Comprehensive Plan or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Villaqe. Library property dedication. 0 0 Underline is for addition .......o~-~u~ ~...rcu-..=u is for deletion Ordinance #95-039b Page 9 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Credit for the dedication of property for library uses shall be valued at one hundred twenty (120) per cent of the most recent assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey, closing costs or title information provided by the feepayer to the county at the request of the county. Credit for the dedicatiQn of library property shall be provided when the property has been conveyed at no charqe to, and accepted by, St. Lucie County in a manner satisfactory to the board of county commissioners. If the feepayer shall opt not to have the property dedication credit determined as set out above, then the amount of credit shall be determined by the board of county commissioners based on an Independent Property Appraisal, as described in section 1-11-20 of th~s article, prepared by an individual both a member of the Appraisal Institute (MAI) and a state certified genera] appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. At the option of the board, the board may request a review appraisal, as described in section 1-11-21 of this article provided that in the event the value established by the independent appraisal exceeds one hundred twenty (120) per cent of the assessed value by more than twenty- five (25) per cent, the board shall request a review appraisal. In the event the board determines to request a review appraisal and the determination of the value is the same or qreater than value determined by the independent appraiser, then the County shall bear the cost of th~ review appraisal. If the determination of the value by the review appraiser is less than the value determined by the independent appraiser, then the feepayer shall pay for the cost of the review appraisal. Any independent or review appraisal submitted pursuant to this subsection shall be subject to review of methodoloqy and technical accuracy at the discretion of the county administrator. In the event a property owner determines to donate, and the county determines to accept, property for any planned nonexistinq libraries or expansion of existinq impact fee eliqible libraries as described in this section to th~ county in advance of any application for final Underline is for addition ~_~A ~ ..... ~ is for deletion Ordinance #95-039b Page 10 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o o development order approval, the board of county commissioners shall reserve the determination of value of the credit for the dedicated property until the property owner, or his assiqns, seeks a final development order approval for the remainder of the property from which the dedicated property was provided. All property dedication credits shall be determined at the time contracts are let for the construction/expansion of the eliqible library or at the time a Final Development Order approval is granted, whichever occurs first. No property dedication credit request may include the consideration of any enhancement to the value of property beinq dedicated as a result of the new or expanded library construction. No property dedication credit request may include the consideration of any enhancement to the value of th~ property being dedicated as result of the overall project development. Application procedure. Applicants for credit for construction of libraries improvements shall submit documentation of the actual enqineerinq and construction costs to the county administrator or his desiqnee. The county administrator or his desiqnee shall determine credit for libraries construction based upon these costs or upon alternative enqineerinq and construction cost estimates if the county administrator or his desiqnee determines that such costs submitted are excessive or incomplete. Acquisition by purchase or condemnation. In the event a developer is required as a condition of ~ final development order to acquire library property adjacent to any impact fee eliqible library use as described in Section 1-11-18(E) (2), the developer shall first obtain an Independent Property Appraisal as described in section 1-11-20 and provide the county administrator with a copy of the appraisal The county administrator may obtain a review appraisal as described in Section 1-11-21. Except as provided below, credits for library property acquisition shall be based on the Independent Property Appraisal, the Review Appraisal, or the purchase price, if lower, as determined by the county administrator. In Underline is for addition Stri.:c T.krcu~?. is for deletion Ordinance #95-039b Page 11 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 the event the developer is unable to acquire the library property for appraised value or lower, the Board may: so qrant additional credits above the appraised value if it determines that the cost of acquisition is less than the cost of condemnation or that condemnation is not practical or desired; or, authorize the condemnation of the parcels; or, deny the request for additional credits. Fo Time of Claim: Waiver. Any claim for credit must be made no later than the time of application for a buildinq permit or an electrical permit. Any claim not so made shall be deemed waived. Section 1-11-20. Independent Property Appraisal A. If the feepayer shall opt not to have the value of any property dedication determined as set out in section 1-11- 19(E) (2), the amount of credit shall be determined by the board of county commissioners based on an Independent Property Appraisal (IPA), prepared by an individual who is both a member of the Appraisal Institute (MAI) and a state certified qeneral appraiser acceptable to the board of county commissioners, that is paid for by "independent property appraisal" is an containinq the followinq: the feepayer. An appraisal report 1. Purpose of appraisal. The purpose of the appraisal which includes a statement of value to be estimated and the riqhts or interest being appraised. 2. Leqal Description of property. 3. Description of parent property. Description of the parent property to be appraised will include: Underline is for addition Strik~ T..rcu-..~ == is for deletion Ordinance #95-039b Page 12 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Names of apparent owner of each interest being evaluated. b. Location of property. c. Total area of property in acres or square feet. Area of each interest in property being acquired in acres or square feet. e__~. A minimum of five (5) years delineation of title. f. Present use and zoninG. G- Utilities. h. Type and condition of improvements and special features that may add to or detract from the value of the property. Hiqhest and best use. The hiqhest and best use of the property on which the appraisal is based before the acquisition of riqhts and interests to be acquired and the highest and best use of the remainder after the acquisition when a partial taking is involved. In either instance, if the existing use is not the premise on which the valuation is based, the appraisal will contain an explanation justifyinq the determination that the property is available and adaptable for a different highest and best use and there is demand for that use in the market. Before and after valuation. The "before and after" method of valuation as interpreted by Florida law will be used in partial donations or special benefits to the residue land or improvements. Approaches to value. The appraisal should include all applicable approaches to value. If an approach is not considered applicable, th~ appraiser must state why. All pertinent calculations used in developing the approaches will be shown. 0 Underline is for addition Strike Tkrcugh is for deletion Ordinance #95-039b Page 13 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o In the market approach, the appraisal report will contain a direct comparison of pertinent comparable sales to the property being appraised. The appraiser must include a statement setting forth his analysis and reasoninq for each adjustment to comparable sales. item of Where in the income (capitalization) approach is used, there must be documentation to support the income, expenses, interest rate, capitalization rate, discount rate, or any other factors used in the analysis. Where it is determined that the market rental income is different from the existinq or contract income, the increase or decrease must be explained and supported by market information. Where the cost approach is utilized, the appraisal report must contain the specific source of cost data, remaining economic life, and an explanation of each type of accrued depreciation. Appraisal of after value. The appraisal of the after value must be supported to the same extent as the appraisal of the before value. This support should include one or more of the followinq: a. Sales comparable to the remainder properties. bo Sales of comparable properties from which there have been similar donations, or acquisitions for like usaqes. Development of the income approach on properties which show economic loss or qain as a result of similar acquisition or takinq for like usaqes. Public sales of comparable lands by the state or other public aqencies. e. In the event the data described in a throuqh d above are not available, the appraisal will so state and qive the appraiser's reasoninq for his value estimate. Difference between before and after. Underline is for addition ~-~u- 'u-~"-~ is for deletion Ordinance #95-039b Page 14 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The difference between the before and after appraisal o will represent the value of the property to be acquired includinq the damaqes to the remainder property. The appraiser will separately analyze and tabulate the difference showing a reasonable allocation to lane improvements, and damaqes. More than one approach used. Where two (2) or more of the approaches of value are used, the appraisal will show the correlation of the separate indications of value derived by each approach alonq with a reasonable explanation for the final conclusion of value. This correlation will be included 10. for both before and after appraisals. Photographs. All appraisals should include identified photographs of the subject property includinq all principal above qround improvements or unusual features affectinq the value of the property to be taken or damaqed. 11. Sketch or plat. 12. Appraisal reports for whole takinqs will contain a sketch or plat of the property showinq boundary dimensions, location of improvements and other siqnificant features of the property. For partial takinqs, the sketch or plat will also show the area to be acquired, relation of the improvements to the takinq area and area of each remainder. Comparable sales. Each appraisal report will contain or make reference to the comparable sales which were used in arrivinq at the fair market value. So The appraiser must state the date of sale, names of parties to the transaction, consideration paid, financing, conditions of sale and with whom these were verified, the location, total area, type of improvements, appraiser's estimate of hiqhest and best use at the date of sale, zoninq and any other data pertinent to the analysis ~md evaluation 0 Underline is for addition Strike Tkrcu~k is for deletion Ordinance #95-039b Page 15 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 thereof. If the appraiser is unable to verify the financing and conditions of sale from the usual sources such as buyer, seller, broker, title or escrow company etc. he will so state. C · Pertinent comparable sales date should include identified photoqraphs of all principal above qround improvements or unusual features affecting the value of the comparable. 13. Inspection of properties. Ail property appraised and the comparable sales which were relied upon in arrivinq at the fair market value estimate will be personally inspected in the field by the appraiser and all dates of inspection will be shown in the appraisal report. 14. Date of valuation. The effective date to which the valuation applies. 15. Limitinq conditions. Statement of appropriate conditions if any. continqent and limiting 16. Certification and siqnature. The certification, siqnature and date of siqnature of the appraiser. Section 1-11-21. Property Review Appraisa] ao At the option of the board, the board may request a review appraisal of the Independent Property Appraisal (IPA), provided that in the event the value established by the Independent Property Appraisal exceeds one hundred twenty (120) per cent of the assessed value by more than twenty-five (25) per cent, the board shall require a review appraisal A "review appraisal" shall comply with the followinq procedures: Underline is for addition ~-~'-- ~ ..... ~ is for deletion Ordinance #95-039b Page 16 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o o The reviewinq appraiser will field inspect the property appraised and the comparable sales considered by the appraiser in arrivinq at either or both, as appropriate, the fair market value of the whole property and of the remainder. The reviewinq appraiser will examine the appraisal reports to determine that they: a__=. Comply with the provisions of this section. bo Follow accepted appraisal principles and techniques in the valuation of real property in accordanc~ with existinq state law. c. Contain or make reference to the information necessary to explain, substantiate and thereby document the conclusions and estimates of value do and/or just compensations identified therein. Include consideration of compensable items, damaqes and benefits, but do not include compensation for items, damaqes and benefits noncompensable under state law. Contain an identification or listinq of the f o buildinqs, structures and other improvements on the land as well as the fixtures which the appraiser considered to be a part of the real property to be acquired. Contain the estimated fair market value for or resultinq from the acquisition, and where appropriate, in the case of a partial acquisition, either in the report or in a separate statement, a reasonable allocation of the estimate of the fair market value for the real property acquired and for damaqes to remaininq real property. Prior to finalizinq his estimate of just compensation, the reviewinq appraiser will request and obtain corrections or revisions of appraisal reports which do not substantially meet the requirements set forth in this section. These will be documented and retained in the parcel file. Underline is for addition Strike Thrcu~h is for deletion Ordinance #95-039b Page 17 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o o The reviewinq appraiser may supplement an appraisal report with corrections of minor mathematical errors where such errors do not affect the final value conclusion. He may also supplement the appraisal file where the followinq factual data has been omitted: a. Owner's and/or tenants' names. bo Parties to transactions, date of purchase and deed book reference on sale of subject property and comparables. c. Statement that there were no sales of subject property in past five (5) years. do Location, zoninq or present use of subject property or comparables. The reviewinq appraiser will initial and date his corrections and/or factual data supplements to an appraisal report. The reviewing appraiser will submit a siqned and dated statement settinq forth: His estimate of just compensation includinq, wher~ appropriate, his allocation of compensation for th~ real property acquired and for damaqes to remaining real property, and an identification or listinq of the buildinqs, structures, and other improvements on the land as well as the fixtures which he considered to be a part of the real property to be acquired, if such allocation or listinq differ~ from that of the appraisal(s). bo That as a part of the appraisal review there was a field inspection of the parcel to be acquired and the comparable sales applicable thereto. C · That he has not direct or indirect present or contemplated future personal interest in such property or in any monetary benefit from its acquisition. d. That his estimate has been reached independently, without collaboration or direction, and is based on Underline is for addition .......~_~,.A T..rcu-..u =4 is for deletion Ordinance #95-039b Page 18 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 o appraisals and other factual data. In the event that the review appraiser determines the value to be the same or greater than the value determined by the Independent Property Appraisal (IAP) the County shall bear the cost of the review appraisal. Section 1-11-22. Libraries Impact Fee Districts Created There is hereby established two (2) Libraries Impact Fee Districts as shown in Figure I, and generally described as follows: Library District A: Ail 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 th~ 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 1-95 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. Library District B: 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 th~ St. Lucie River to the point of intersection Underline is for addition ~ is for deletion Ordinance #95-039b Page 19 Library Impact Fee - Final PRINT DATE: 9/19/95 IJJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1-95 and the southwest corner of the City of Port St. Lucie; thence northerly along the est 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. Section 1-11-23. Libraries Impact Fee Trust Funds Established. ao There is hereby established separate Libraries Impact Fee Trust Funds for the libraries impact fee districts established by Section 1-11-22 of this ordinance. B. Funds withdrawn from these accounts must be used in accordance with Section 1-11-24 of this ordinance. Section 1-~-24. A. Use of Funds. The collecting governmental unit shall be entitled to up to but not more than 3% of the funds collected to compensate them for the administrative expense of collecting and administering the library impact fee ordinance. All remaining funds collected from library impact fees shall be used solely for the purpose of capital improvements to the County Library System and not for maintenance or operations. Land acquisition and improvements shall be of the type mad~ necessary by the County's growth and development. Bo Except for the up to three (3%) percent retainage authorized above, funds shall be used exclusively for capita] improvements within the library 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 Underline is for addition Strike Through is for deletion Ordinance #95-039b Page 21 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Co were collected. Each January the County Administrator shall present to the Board of County Commissioners a proposed capital improvement proqram for libraries, assigninq funds, includinq any accrued interest, from the Libraries Impact Fee Trust Fund to specific Library improvements projects and related expenses~ Monies, includinq any accrued interest, not assiqned in any fiscal period shall be retained in the same Library Impact Fee Trust Fund until the next fiscal period except as provided by th~ refund provisions of this ordinance. Funds shall be deemed Do expended in the order received. The Board of County Commissioners of St. Lucie County may enter into interlocal aqreements with the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this ordinance. Section 1-11-25. Refund of Fees Paid. ao If a building permit or an electrical permit for a mobile hom~ park or recreational vehicle park expires and no construction has been commenced, then the feepayer, his heirs, successors or assiqns, shall be entitled to a refund of the impact fee paid as a condition for its issuance except that the county shall retain three percent (3%) of the funds as an administrative fee to offset the costs of refundinq. Any funds not expended or encumbered by the end of the fiscal year immediately followinq then (10) years from the date th~ libraries impact fee payment fee payment was received shall, upon application of the current owner within one hundred eiqhty (180) days of the expiration of the ten (10) year period, be returned to the current owner with interest at th~ rate of six percent (6%) per annum Section 1-11-26. Exemptions. A. The followinq shall be exempted wholly or in part from payment of the library impact fee: 1. Alteration or expansion of an existinq buildinq where no Underline is for addition .......~-~'-~ T..rcu-..u =~ is for deletion Ordinance #95-039b Page 22 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o additional units are created, the use is not changed, and where no additional need for libraries will be produced over and above that produced by the existing use. The construction of accessory buildings or structures which will not produce additional need for libraries over and above that produced by the principal building or use of the land. The replacement of a destroyed or partially destroyed building or structure in existence on or after January 1, 1996, with a new building or structure of the same or a different use provided that no additional need for libraries will be produced over and above those produced by the original use of the land. Any claim of exemption must be made no later than the time of application for a building permit or electrical permit for a mobile home. Any claim not so made shall be deemed waived. Sec. 1-11-27. Appeals ao Any decision made by the county administrator in the course of administering the provisions of this chapter may be appealed to the board of county commissioners by filing a petition of appeal within thirty (30) calendar days of the date of the rendition of the decision. The board of county commissioners shall review the petition at a public meeting within thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of time is granted by the board. The board's decision shall be final for the purpose of administrative appeals. The board of county commissioners shall revoke the decision of the county administrator only if there is competent, substantial evidence in the record that the decision fails to comply with this Article. Underline is for addition Err!kc Thrcu~h is for deletion Ordinance #95-039b Page 23 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Sec. 1-11-28. Review and Automatic Adjustment of Fees. The libraries impact fee shall be adjusted by the county administrator in April of each calendar year. Unless otherwise directed by the county commission, any adjustments to the libraries impact fee, made pursuant to this section, shall be effective the first monday in October of each calendar year. All adjustments to the libraries impact fee shall be based on the methodoloqy described in paraqraph (B) of this section. The base for computinq any adjustment is the January Consumer Price Index - All Urban Consumers for the United States, published by the United States Department of Labor Bureau of Labor Statistics. For the purpose of this Section the initial index to be referenced is January 1996. The Library Impact. Fee shall be adjusted by the percentaqe chanqe in the index. If the index is chanqed so that the base year is different, the index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised, such other qovernment index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised. The board of county commissioners shall review the libraries impact fee at least once every five (5) years from the effective date of this ordinance (January 1, 1996}. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. Underline is for addition __ri..:~ ~ '_hr:ugh is for deletion Ordinance #95-039b Page 24 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the incorporated areas even in the absence of interlocal agreements with the affected municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 F. EFFECTIVE DATE. This Ordinance shall take effect January 1, 1996. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler NAY Commissioner Havert Fenn AYE Commissioner Gary D. Charles, Sr. NAY Commissioner Cliff Barnes AYE Underline is for addition ~ is for deletion Ordinance #95-039b Page 25 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 H shall not be codified. PASSED AND DULY ENACTED this 19th day of September, 1995.~,,~.~., ATTEST .. DEPUTY CLERK SOARD OF COUNTY cO IssION RS ST. LUCIE COUNTY, FLORIDA BY ~ TY' A~Y OR95-39b LIBRARIES IMPACT FEE DJM Underline is for addition -tri.:c~ ' T..rcu-hU = is for deletion Ordinance #95-039b Page 26 Library Impact Fee - Final PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 95-041 AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE CREATION OF ARTICLE I OF CHAPTER 1-19 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES ESTABLISHING A PUBLIC BUILDINGS IMPACT FEE ON LANDDEVELOPMENTACTIVITIES IN ST. LUCIE COUNTY BY CREATING SECTION 1-19-01, PROVIDING FOR A SHORT TITLE, STATING AUTHORITY AND APPLICABILITY OF THE ORDINANCE; BY CREATING SECTION 1-19-02, PROVIDING FOR THE INTENT AND PURPOSES; BY CREATING SECTION 1-19-03, PROVIDING RULES OF CONSTRUCTION; BY CREATING SECTION 1-19-04, PROVIDING DEFINITIONS; BY CREATING SECTION 1-19-05, PROVIDING FOR THE IMPOSITION OF PUBLIC BUILDINGS iMPACT FEE; BY CREATING SECTION 1-19-06, PROVIDING FOR COMPUTATION OF THE AMOUNT OF THE PUBLIC BUILDINGS IMPACT FEE; BY CREATING SECTION 1-19-07, PROVIDING FOR PAYMENT OF FEES; BY CREATING SECTION 1-19-08, PROVIDING FOR CREDITS; BY CREATING SECTION 1-19-09, PROVIDING FOR INDEPENDENT PROPERTY APPRAISAL; BY CREATING SECTION 1-19- 10, PROVIDING FOR PROPERTY REVIEW APPRAISALS; BY CREATING SECTION 1-19-11, PROVIDING FOR THE CREATION OF PUBLIC BUILDINGS IMPACT FEE DISTRICTS; BY CREATING SECTION 1-19-12, PROVIDING FOR THE ESTABLISHMENT OF PUBLIC BUILDINGS IMPACT FEE TRUST FUNDS; BY CREATING SECTION 1-19-13, PROVIDING FOR THE USE OF FUNDS; BY CREATING SECTION 1-19-14, PROVIDING FOR REFUND OF FEES PAID; BY CREATING SECTION 1-19-15, PROVIDING FOR EXEMPTIONS; BY CREATING SECTION 1-19-16, PROVIDING FOR APPEALS; BY CREATING SECTION 1-19-17, PROVIDING FOR REVIEW AND AUTOMATIC ADJUSTMENT OF FEES; PROVIDING FOR CONFLICTING PRovISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the St. Lucie County Comprehensive Plan establishes that land development shall not be permitted unless adequate capital facilities exist or are assured; and WHEREAS, the St. Lucie County Comprehensive Plan establishes 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 Oo mo q Underline is for addition Strike Thrcu~h is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final / Page 1 PRINT DATE: 9/19/95 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, Policy 11.1.1.22, Policy 11.1.1.23, and Policy 11.1.1.24 of the St. Lucie County 'Comprehensive Plan establishes minimum level of Service Standards for public facilities for St. Lucie County; and WHEREAS, Policy 11.1.2.4 of the St. Lucie County Comprehensive Plan recognizes the obligation of future development in the community to be responsible for paying 100% of its capital facility/improvement impacts; and WHEREAS, the Florida Legislature through the enactment of Section 163.3202(3), Florida Statutes, has sought to encourage local governments to enact impact fees as land development regulations; and WHEREAS, the Board of County Commissioners has reviewed and accepted a Technical Memorandum on the Methods used to Calculate Law Enforcement, Library, Public Buildings, and Recreation and Park Impact Fees dated May 1995, prepared by Dr. James Nicholas, PhD. NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie County: Part A. ARTICLE I "PUBLIC BUILDINGS IMPACT FEE" OF CHAPTER 1-19 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED AS FOLLOWS: Section 1-19-01. Short Title, Authority, and Applicability. This ordinance shall be known and may be cited as the "Public Buildinqs Impact Fee Ordinance". The Board of County Commissioners of St. Lucie County has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and to Chapter 125 Co and Sections 163.3201 and 163.3202(3) Florida Statutes. This article shall apply to all areas of St. Lucie County, even in the absence of interlocal aqreements with the affected municipalities. Underline is for addition .......~-~u~ -u...rcu-..uu is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 2 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 1-19-02. Intents and Purposes. This chapter is intended to implement and be consistent with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan. 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 buildinqs and services in St. Lucie County. Co The Florida Leqislature throuqh the enactment of Section 163.3202, Local Government Comprehensive Planninq and Land Development Requlation Act and Section 380.06(16) of the Environmental Land and Water Manaqement act, Florida Statutes Chapters 163 and 380, respectively, has souqht to encourage local governments to enact impact fees as a part of their land development regulation program. Section 1-19-03. Rules of Construction. The provisions of this ordinance shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare. For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the followinq rules of construction shall apply to the text of this ordinance: In case of any difference of meaninq or implication between the text of this article and any caption, illustration, summary table, or illustrative table, the text shall control. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. Words used in the present tense shall include the future; and words used in the sinqular number shall include the plural, and the plural the sinqular, unless the context clearly indicates the contrary. Underline is for addition ~-~~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 3 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The phrase "used for" includes "arranqed for," "desiqned for," "maintained for," or "occupied for." The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. Unless the context clearly indicates the contrary, where a requlation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either...or," the conjunction shall be interpreted as follows: "And" indicates that all the connected terms, conditions, provisions or events shall apply. b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. "Either ...or" indicates that the connected items, conditions, provisions or events shall apply sinqly but not in combination. The word "includes" shall not limit a term to the specific example but is intended to extend its meaninq to all other instances or circumstances of like kind or character. "County Administrator" means the County Administrator or whoever he/she may desiqnate to carry out the administration of this ordinance. Unless the context clearly indicates to the contrary, all land use terminoloqy in this article shall have the same meaninq as it has in the St. Lucie County Land Development Code. Section 1-19-04. Definitions. A "capital improvement" includes, but is not limited to, site planninq, land acquisition, site improvements, buildinqs, motor vehicles, personal equipment and communications facilities, but excludes maintenance and operation. Underline is for addition Strike Through is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 4 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 A "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 Dark or recreational vehicle park for a type of land development activity specified in Section 1-19-06 of this ordinance. A "public building" includes all buildings, physical plant and accessory facilities owned or leased by the board of county commissioners in support of county government functions, excluding libraries, parks and schools. Section 1-19-05. Imposition of Public Buildings Impact Fee. Any person who, after the effective date of this ordinance, seeks to develop land by applying for the issuance of a building permit for one of the land use types specified in Section 1-19-06 of this Ordinance 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 ordinance. Nothing in this article shall be deemed to eliminate the requirements of Section 11.02.07 of the St. Lucie County Land Development Code. No building permit for any land use types specified in Section 1-19-06 of this ordinance 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 1-19-07 of this Ordinance. Section 1-19-06. Computation of the Amount of Public Buildings Impact Fee. ao 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. 0 Underline is for addition ~-~-~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 5 PRINT DATE: 9/19/95 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESIDENTIAL SINGLE FAMILY PER UNIT 12--9 4--3 4-3 86 12-9 MOBILE HOME/RV ~...~v..~ow~ PER UNIT 84 2__~8 2~8 56 84 MULTI-FAMILY (All Noes) PER UNIT 11--5 3--8 3-8 7--7 11--5 HOTEL/MOTEL PER ROOM 84 84 2-8 56 84 BED & BREAKFAST RESIDENCE ~,~,,~,~, ~ =~ F~,L,~, ~ PER ROOM 84 84 28 56 84 ALL OTHER RESIDENTIAL PER UNIT 129 4-3 4-3 8-8 129 OFFICE & FINANCIAL MEDICAL OFFICE PER 1000 FT~ 180 6--0 6-0 120 18--0 FINANCIAL OFFICE PER 1000 FT2 41--1 137 13--7 27--4 41-1 OTHER OFFICE <25,000 FT2 PE___R 1000 FTz 11--3 3-8 3-0 7--5 11-3 OTHER OFFICE 25-50,000 F'~ PER 1000 FT~ 10-7 3-8 3__6 7_!1 10-7 OTHER OFFICE >50,000 FT2 PER 1000 FT~ 10-1 34 34 6-7 10-1 RETAIL TRADE UNDER* 50,000 FT~ PER 1.000 FT'2 19-9 6-8 6-8 13__2 19__8 50,000 -499,000 FT~ PER 1000 FT~ 200 6-7 6-7 13-3 20-0 500,000 -999,999 FT2 PER 1000 FT~ 180 6-0 6-0 120 18-5 + 1,000,000 FT2 PER 1000 FT~ 17-3 5-8 5-8 11-5 17-3 GASOLINE SERVICES SERVICE STATION PER PUMP STAT 6--2 2-2 2-2 4__2 6-2 !NDUSTRIAL WAREHOUSE PER 1000 FT2 2--3 --8 -8 1-8 2-3 Underline is for addition n~-~,.-~ ..... ~ is for deletion Ordinance ~95-041b Public Buildinqs Impact Fee - Final Paqe 6 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 :::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::: :: .::.:::::: : ::::::::::::::::::::::::: :::::::::::::::::: :::: ::::::: i:i:i:i:!:i:i:i::~:i::i:i:i:i:i:i:i:!:!::!:....:.:...:::. :. ......................... :::::::::::::::::::::::::::::::::::::::::: i:i:i:IM :~C: ::FEE!:!:!: :!:!:!::!i~J~TEi::OF:!:!:!:!:!: :i:i:i:~j~i:i:~:i:i:i:i:~:i:i:i:~N:!,f:!!:!:!:[:!:!:~ ..... TRUCK TERMINAL PER 1000 FT2 30 1.~0 11:) 20 31:) GENERAL INDUSTRIAL PER 1000 FT2 3~8 1~3 1~3 2~6 3__~8 INSTITUTIONAL SCHOOL - ELEM. PER 1000 FT2 8~5 2~8 2~8 56 8~5 SCHOOL - MIDDLE/HIGH PER 1000 FT~ 9,5 3._[2 3._[2 64 9,5 DAY CARE CENTER PER 1000 ~ 216 7--2 7-2 144 21._.9.6 FRATERNAL ORGANIZATION PER 1000 FT2 --2 _90 HOSPITAL PER BED 5-2 1--7 1-7 34 5-2 NURSING HOME PER BED 1--9 -6 -696 1-2 1-9 LIBRARY PER 1000 FT2 149 5-9 50 9-9 14--9 RECREATIONAL PARK (CITY/COUNTY/STATE) PER ACRE 1_90 --3 -3 __6 1_90 RECREATION FACILITY - ~ wPEs PER PKG SPACE 2.~7 -6 -6 1...~8 2-7 GOLF COURSE PER HOLE 1.~7 -6 -6 1-2 1-7 NOTE: The fee schedule shown in this Table is subject to 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 o The person applying for the issuance of a building permit or and 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 paraqraph A Underline is for addition £trikc Tkrcu~k is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 7 PRINT DATE: 9/19/95 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 above are not appropriate for his particular development. Based upon convincinq and competent evidence, the County Administrator may adjust the fee to that appropriate for the particular development. Section 1-19-07. Payment of Fee. ao The feepayer shall pay the fee in cash to the county administrator at any time prior to the issuance of a buildinq permit or electrical permit for a recreational vehicle park or mobile home park. B o In lieu of all or part of the public buildings impact fee, the board of county commissioners may accept the offer by a developer to construct, dedicate or acquire property or equipment for the purpose of meetinq a capital public buildinq needs of the County that is consistent with the County's Comprehensive Plan or the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. In the event the developer proposes to dedicate or acquire unimproved property or equipment, the provisions of Section 1- 19-08(E) (3) shall apply. The portion of the fee represented by the property dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the county or other appropriate qovernmental entity. If public buildinqs impact fees are owed, no development permits of any type may be issued for the buildinq 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. Section 1-19-08. Credits. A. Scope. Any person who shall commence any public buildings impact generating land development activity may apply for a credit aqainst the required public buildings impact fee for any contribution, construction, or dedication of land or equipment accepted and received by St. Lucie County for public buildinqs facilities or equipment that are creditable pursuant to this section. Consistent with the standards of this section, an Underline is for addition ~_~,.A~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 8 PRINT DATE: 9/19/95 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Co Do application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations or section 380.06, Florida Statutes, or any additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of regional impact to the extent the contribution, payment, construction or dedication meets the same needs as the public buildings impact fee. General. Any person desiring a public buildings impact fee credit, who proposes to make any contribution, construction or dedication of a public building/facility or equipment that is consistent with the County's Comprehensive Plan, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eliqible for a public buildings impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a public buildinqs impact fee credit, the final amount of the credit shall be determined upon the submission of a request for public buildings impact free credit and the entering into of a formal public buildings impact fee credit agreement. Relationship of public buildings impact fee to developments of regional impact. Pursuant to Section 380.06(16), Florida Statutes, the value of public buildings facilities and/or other public buildings capital improvements required pursuant to a County or City approved Development Order, except those deemed site-related, shall be credited against the public buildings impact fee. General standards for issuing public buildinqs impact fee credit. Prior to the issuance of any credits against the public buildings impact fee, the person who made the contribution, payment, construction or dedication of public buildings facilities or equipment shall enter into an Impact Fee Credit Agreement with the Board of County Commissioners. The following provisions are the general rules for the award of credit, supplemented and provided in this section: 1. Credit for contributions, payments, construction or Underline is for addition Strike-~_..rcu-..=~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 9 PRINT DATE: 9/19/95 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 dedications of the public buildings impact fee shall not be transferrable as a credit against other impact fees imposed for purposes other than public buildings. If allowed by the Credit Agreement, credits may be assigned to successors in interest provided the County receives a copy of the written agreement signed by both the assignor and the assignee that has been recorded in the Public Records of St. Lucie County, Florida. No credit shall exceed the amount due for the public buildings impact fee. No credit shall be given for public buildings facilities and equipment dedicated or constructed before January 1, 1996. Specific standards. Credits against public buildings impact fees otherwise payable shall be allowed only under the following conditions. County need. The contribution, payment, construction or dedication shall meet a public buildings capital need identified in the County's Comprehensive Plan or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. No credit shall be given for capital improvements that do not meet a public buildings capital need identified in County's Comprehensive Plan or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. 2~ Site-related public buildings improvement. No credit shall be given for any site-related public buildings improvements or site-related public buildings dedications, unless it can be shown to the satisfaction of the county administrator through appropriate technical documentation that the site related improvement or property dedication provides for public building enhancements in excess of the impacts of the proposed development. 3. Public buildings property dedication. Credit for the dedication of nonsite-related property for public buildings purposes shall be valued at one hundred 0 Underline is for addition ~_~.A, .~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 10 PRINT DATE: 9/19/95 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 twenty (120) per cent of the most recent assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey, closing costs or title information provided by the feepayer to the county at the request of the county. Credit for the dedication of property shall be provided when the property has been conveyed at no charqe to, and accepted by, St. Lucie County in a manner satisfactory to the board of county commissioners. If the feepayer shall opt not to have the property dedication credit determined as set out above, then the amount of credit shall be determined by the board of county commissioners based on an Independent Property~ Appraisal, as described in section 1-19-09 of this article, prepared by an individual both a member of the Appraisal Institute (MAI) and a state certified general appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. At the option of the board, the board may request a review appraisal, as described in section 1-19-10 of this article provided that in the event the value established by the independent appraisal exceeds one hundred twenty (120) per cent of the assessed value by more than twenty- five (25) per cent, the board shall request a review appraisal. In the event the board determines to request a review appraisal and the determination of the value is the same or qreater than value determined by the independent appraiser, then the County shall bear the cost of the review appraisal. If the determination of the value by the review appraiser is less than the value determined by the independent appraiser, then the feepayer shall pay for the cost of the review appraisal. Any independent or review appraisal submitted pursuant to this subsection shall be subject to review of methodology and technical accuracy at the discretion of the county administrator. In the event a property owner determines to donate, and the county determines to accept, nonsite related property for any planned nonexistinq public buildinqs facility or expansion of an existing impact fee eliqible public buildinq or facility to the county in advance of any application for final development order approval, the board of county commissioners shall reserve the determination of value of the credit for the dedicated property until the property owner, or his assiqns, seeks a final development order approval for the remainder of Underline is for addition ~_~.A, m~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 11 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 o o the property from which the dedicated property was provided. All property dedication credits shall be determined at the time contracts are let for the construction/expansion of the eliqible facility or at the time a Final Development Order approval is qranted, whichever occurs first. No property dedication credit request may include the consideration of any enhancement to the value of property beinq dedicated as a result of the new or expanded public building construction. No property dedication credit request may include the consideration of any enhancement to the value of the property being dedicated as result of the overall project development. Application procedure. Applicants for credit for construction of nonsite related public buildings or facilities shall submit documentation of the actual enqineerinq and construction costs to the county administrator or his desiqnee. The county administrator or his designee shall determine credit for public buildinqs construction based upon these costs or upon alternative enqineerinq and construction cost estimates if the county administrator or his desiqnee determines that such costs submitted are excessive or incomplete. Acquisition by purchase or condemnation. In the event a developer is required as a condition of a final development order to acquire off-site public buildings property, the developer shall first obtain an Independent Property Appraisal as described in section 1- 18-19 and provide the county administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in Section 1-19-20. Except as provided below, credits for public buildinqs property acquisition shall be based on the Independent Property Appraisal, the Review Appraisal, or the purchase price, if lower, as determined by the county administrator. In the event the developer is unable to acquire the public buildings property for appraised value or lower, the Board may: so qrant additional credits above the appraised value if it determines that the cost of acquisition is less than the cost of condemnation or that condemnation is not practical or desired; or, Underline is for addition Strika Tkrcu~k is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 12 PRINT DATE: 9/19/95 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 authorize the condemnation of the parcels; or, deny the request for additional credits. Time of Claim: Waiver. Any claim for credit must be made no later than the time of application for a building permit or an electrical permit. Any claim not so made shall be deemed waived. Section 1-19-09. Independent Property Appraisal A. If the feepayer shall opt not to have the value of any property dedication determined as set out in section 1-19- 08(E) (3), the amount of credit shall be determined by the board of county commissioners based on an Independent Property Appraisal (IPA), prepared by an individual who is both a member of the Appraisal Institute (MAI) and a state certified general appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. An "independent property appraisal" is an appraisal report containing the following: 1. Purpose of appraisal. The purpose of the appraisal which includes a statement of value to be estimated and the rights or interest being appraised. Legal Description of property. Description of parent property. Description of the parent property to be appraised will include: bo Names of apparent owner of each interest being evaluated. Location of property. Total area of property in acres or square feet. Area of each interest in property being acquired in acres or square feet. Underline is for addition o~_~u~~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 13 PRINT DATE: 9/19/95 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 e. A minimum of five (5) years delineation of title. f. Present use and zoning. g. Utilities. Type and condition of improvements and special features that may add to or detract from the value of the property. Highest and best use. The highest and best use of the property on which the appraisal is based before the acquisition of riqhts and interests to be acquired and the highest and best use of the remainder after the acquisition when a partial taking is involved. In either instance, if the existing use is not the premise on which the valuation is based, the appraisal will contain an explanation justifying the determination that the property is available and adaptable for a different highest and best use and there is demand for that use in the market. Before and after valuation. The "before and after" method of valuation as interpreted by Florida law will be used in partial donations or special benefits to the residue land or improvements. Approaches to value. The appraisal should include all applicable approaches to value. If an approach is not considered applicable, the appraiser must state why. All pertinent calculations used in developing the approaches will be shown. aI. In the market approach, the appraisal report will contain a direct comparison of pertinent comparable sales to the property being appraised. The appraiser must include a statement setting forth his analysis and reasoning for each adjustment to comparable sales. item of Where in the income (capitalization) approach is used, there must be documentation to support the income, expenses, interest rate, capitalization rate, discount rate, or any other factors used in the analysis. Where it is determined that the market rental income is different from the existing 0 Underline is for addition ~-~'-- ~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 14 PRINT DATE: 9/19/95 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 o or contract income, the increase or decrease must be explained and supported by market information. Where the cost approach is utilized, the appraisal report must contain the specific source of cost data, remaininq economic life, and an explanation of each type of accrued depreciation. Appraisal of after value. The appraisal of the after value must be supported to the same extent as the appraisal of the before value. This support should include one or more of the followinq: so do e o Sales comparable to the remainder properties. Sales of comparable properties from which there have been similar donations, or acquisitions for like usaqes. Development of the income approach on properties which show economic loss or qain as a result of similar acquisition or takinq for like usaqes. Public sales of comparable lands by the state or other public aqencies. In the event the data described in a throuqh d above are not available, the appraisal will so state and qive the appraiser's reasoninq for his value estimate. Difference between before and after. The difference between the before and after appraisal will represent the value of the property to be acquired includinq the damaqes to the remainder property. The appraiser will separately analyze and tabulate the difference showinq a reasonable allocation to lane improvements, and damaqes. More than one approach used. Where two (2) or more of the approaches of value are used, the appraisal will show the correlation of the separate indications of value derived by each approach alonq with a reasonable explanation for the final conclusion of value. This correlation will be included for both before and after appraisals. Underline is for addition °~-~-~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 15 PRINT DATE: 9/19/95 1 ~2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 10. 11. Photographs. Ail appraisals should include identified photographs of the subject property including all principal above ground improvements or unusual features affecting the value of the property to be taken or damaged. Sketch or plat. Appraisal reports for whole takings will contain a sketch or plat of the property showing boundary dimensions, location of improvements and other significant features of the property. For partial takings, the sketch or plat will also show the area to be acquired, relation of the improvements to the taking area and area of each remainder. 12. Comparable sales. Each appraisal report will contain or make reference to the comparable sales which were used in arriving at the fair market value. a o The appraiser must state the date of sale, names of parties to the transaction, consideration paid, financing, conditions of sale and with whom these were verified, the location, total area, type of improvements, appraiser's estimate of highest and best use at the date of sale, zoning and any other data pertinent to the analysis and evaluation thereof. bo If the appraiser is unable to verify the financing and conditions of sale from the usual sources such 13. as buyer, seller, broker, title or escrow company etc. he will so state. Pertinent comparable sales date should include identified photographs of all principal above ground improvements or unusual features affecting the value of the comparable. Inspection of properties. Ail property appraised and the comparable sales which were relied upon in arrivinq at the fair market value estimate will be personally inspected in the field by the appraiser and all dates of inspection will be shown in the appraisal report. Underline is for addition ~-~'-~~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 16 PRINT DATE: 9/19/95 1 ~2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 14. 15. 16. Date of valuation. The effective date to which the valuation applies. Limiting conditions. Statement of appropriate contingent conditions if any. Certification and signature. The certification, signature and date of signature of the appraiser. and limitinq Section 1-19-10. Property Review Appraisal ao At the option of the board, the board may reguest a review appraisal of the Independent Property Appraisal (IPA), provided that in the event the value established by the Independent Property Appraisal exceeds one hundred twenty (120) per cent of the assessed value by more thantwenty-five (25) per cent, the board shall require a review appraisal. A "review appraisal" shall comply with the following procedures: The reviewing appraiser will field inspect the property appraised and the comparable sales considered by the appraiser in arriving at either or both, as appropriate, the fair market value of the whole property and of the remainder. o The reviewing appraiser will examine the appraisal reports to determine that they: a. Comply with the provisions of this section. bo Follow accepted appraisal principles and techniques in the valuation of real property in accordance with existing state law. c. Contain or make reference to the information necessary to explain, substantiate and thereby document the conclusions and estimates of value and/or just compensations identified therein. Include consideration of compensable items, damages and benefits, but do not include compensation for items, damages and benefits noncompensable, under Underline is for addition ~-~'--~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 17 PRINT DATE: 9/19/95 1 ~2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 e o state law. Contain an identification or listing of the buildinqs, structures and other improvements on the land as well as the fixtures which the appraiser considered to be a part of the real property to be acquired. Contain the estimated fair market value for or resultinq from the acquisition, and where appropriate, in the case of a partial acquisition, either in the report or in a separate statement, a reasonable allocation of the estimate of the fair market value for the real property acquired and for damaqes to remaininq real property. Prior to finalizinq his estimate of just compensation, the reviewing appraiser will request and obtain corrections or revisions of appraisal reports which do not substantially meet the requirements set forth in this section. These will be documented and retained in the parcel file. The reviewing appraiser may supplement an appraisal report with corrections of minor mathematical errors where such errors do not affect the final value conclusion. He may also supplement the appraisal file where the following factual data has been omitted: a. Owner's and/or tenants' names. Parties to transactions, date of purchase and deed book reference on sale of subject property and comparables. c. Statement that there were no sales of subject property in past five (5) years. Location, zoninq or present use of subject property or comparables. The reviewinq appraiser will initial and date him corrections and/or factual data supplements to an appraisal report. The reviewinq appraiser will submit a siqned and dated statement settinq forth: a~ His estimate of just compensation includinq, where Underline is for addition ~_~,.A ~_~,,~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 18 PRINT DATE: 9/19/95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 appropriate, his allocation of compensation for the real property acquired and for damaqes to remaininq real property, and an identification or listinq of the buildinqs, structures, and other improvements on the land as well as the fixtures which he o considered to be a part of the real property to be acquired, if such allocation or listinq differs from that of the appraisal(s). bo That as a part of the appraisal review there was a field inspection of the parcel to be acquired and the comparable sales applicable thereto. C · That he has not direct or indirect present or contemplated future personal interest in such property or in any monetary benefit from its acquisition. That his estimate has been reached independently, without collaboration or direction, and is based on appraisals and other factual data. In the event that the review appraiser determines the value to be the same or qreater than the value determined by the Independent Property Appraisal (IAP) the county shall bear the cost of the review appraisal. Section 1-19-11. Public Buildinqs Impact Fee Districts Created There is hereby established one (1) Public Buildinqs Impact Fee District, as shown in Fiqure I, for all of St. Lucie County. Section 1-19-12. Public Buildinqs Impact Fees Trust Established Funds ao There is hereby established a Public Buildinqs Impact Fee Trust Fund, for the public buildinqs impact fees collected pursuant to this ordinance. B. Funds withdrawn from this account must be used in accordance with Section 1-19-13 of this ordinance. 0 Underline is for addition Strike ThrcuNh is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 19 PRINT DATE: 9/19/95 II II iii [ : gOl O i~ 0 O~ 1 ~2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Section 1-19-13. Use of Funds. ao The collecting governmental unit shall be entitled to up to but not more than 3% 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 and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the County's growth and development. S ° Each January the County Administrator shall present to the board of county commissioners a proposed capital improvement program for public building and facilities, assigning funds, including any accrued interest, from the public buildings Impact Fee Trust Fund to specific Public Buildings improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same Public Buildings Impact Fee Trust Fund until the next fiscal period except as provided by the refund provisions of this ordinance. Funds shall be deemed expended in the order received. 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 ordinance. Section 1-19-14. Refund of Fees Paid. ao If a building permit or an electrical permit for a mobile home park or recreational vehicle park expires and no construction. has been commenced, then the feepayer, his heirs, successors or assigns, shall be entitled to a refund of the impact fee paid as a condition for its issuance except that the county shall retain three percent (3%) of the funds as an administrative fee to offset the costs of refunding. m,. Any funds not expended or encumbered by the end of the fiscal year immediately following then (10) years from the date the public buildings impact fee payment fee payment was received shall, upon application of the current owner within one hundred eighty (180) days of the expiration of the ten (10) year period, be returned to the current owner with interest at the rate of six percent (6%) per annum. Underline is for addition ~-~'-- ~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 21 PRINT DATE: 9/19/95 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Section 1-19-15. Exemptions. The followinq shall be exempted wholly or in part from payment of the public buildinqs impact fee: Alteration or expansion of an existinq buildinq where no additional residential dwellinq units are created. o The construction of accessory buildinqs or structures which will not produce additional need for public facilities over and above that produced by the principal buildinq or use of the land. o The replacement of a destroyed or partially destroyed buildinq or structure in existence on or after January 1, 1996, with a new buildinq or structure of the same or a different use provided that no additional need for public facilities will be produced over and above those produced by the oriqinal use of the land. Any claim of exemption must be made no later than the time of application for a buildinq permit or electrical permit for a mobile home. Any claim not so made shall be deemed waived. Sec. 1-19-16. Appeals ao Any decision made by the county administrator in the course of administering the provisions of this chapter may be appealed to the board of county commissioners by filinq a petition of appeal within thirty (30) calendar days of the date of the rendition of the decision. The board of county commissioners shall review the petition at. a public meetinq within thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be provided reasonable notice of the time, date, and place of the public meetinq by certified mail, return receipt requested, and invited to attend. Testimony at the public meetinq shall be limited to ten (10) minutes per side, unless an extension of time is qranted by the board. The board's decision shall be final for the purpose of administrative appeals. The board of county commissioners shall revoke the decision of the county administrator only if there is competent, substantial evidence in the record that the decision fails to comply with this Article. Underline is for addition Strike Through is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 22 PRINT DATE: 9/19/95 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Sec. 1-19-17. Review and Automatic Adjustment of Fees. ao The public buildinqs impact fee shall be adjusted by the county administrator in April of each calendar year. Unless otherwise directed by the county commission, any adjustments to the public buildinqs impact fee, made pursuant to this section, shall be effective the first monday in October of each calendar year. All adjustments to the public buildings impact fee shall be based on the methodoloqy described in paraqraph (B) of this section. The base for computinq any adjustment is the January Consumer Price Index - All Urban Consumers for the United States, Co published each year by the United States Department of Labor, Bureau of Labor Statistics. For the purpose of this Section the initial index to be referenced is January 1996. The Public Buildinqs Impact Fee shall percentage chanqe in the index. be adjusted by the If the index is changed so that the base year is different, the index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised, such other qovernment index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised. The board of county commissioners shall review the public buildinqs impact fee at least once every five (5) years from the effective date of this ordinance (January 1, 1996). PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. Underline is for addition Strikm T..rcu-..= =~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 23 PRINT DATE: 9/19/95 0 1 ~2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the incorporated areas even in the absence of interlocal agreements with the affected municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 F. EFFECTIVE DATE. This Ordinance shall take effect January 1, 1996. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler NAY Commissioner Havert Fenn AYE Commissioner Gary D. Charles, Sr. NAY Commissioner Cliff Barnes AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be Underline is for addition ~,.A ~ ..... ~ is for deletion Ordinance #95-041b Public Buildings Impact Fee - Final Page 24 PRINT DATE: 9/19/95 1 '2 3 4 5 6 7 10 '~ 13 ; 14 15 17 ' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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 H shall not be codified. PASSED AND DULY ENACTED this 19th day of September, 1995. ATTEST .- DEPUTY CLERK BOARD OF COUNTY COI~IISS~O~E_R~ ST. LUCTE COmiTY, ~LO~u~'fa - "' // . . '~-:~" APPROVED AS TO FORM. AND x'~ORRECTI~SS ~ OR95-41b PUB FAC IMAPCT FEE DJM Underline is for addition Strike T..rcu-..~ =u is for deletion Ordinance ~95-041b Public Buildings Impact Fee - Final Page 25 PRINT DATE: 9/19/95 ORDINANCE NO. 95-45 AN ORDINANCE AMENDING ARTICLE II (DRUG ABUSE TRUST FUND) OF CHAPTER 1-7 (COURTS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING ITS TITLE TO "ALCOHOL AND OTHER DRUG ABUSE TRUST FUND";AMENDING SECTION 1-7-22 (CREATION OF FUND AND ACCOUNTING), TO AUTHORIZE THE COURT TO PROVIDE AN ADDITIONAL ASSESSMENT FOR ANY CRIMINAL VIOLATION OF SECTION 316.193, SECTION 856.011, SECTION 856.015, OR CHAPTER 562, CHAPTER 567, OR CHAPTER 568, FLORIDA STATUTES; FURTHER AMENDING SECTION 1-7-22 TO INCLUDE ALCOHOL ABUSE PROGRAMS, PROVIDING FOR THE USE OF THE ASSESSMENT, AND RENAMING THE DRUG ABUSE TRUST FUND TO THE COUNTY ALCOHOL AND OTHER DRUG ABUSE TRUST FUND; AMENDING SECTION 1-7-23 (EXPENDITURES) TO PROVIDE FOR A COMMUNITY ALCOHOL AND OTHER DRUG ABUSE SERVICES GRANTS AND DONATIONS TRUST FUND; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125, Florida Statutes, authorizes this Board to promulgate drug treatment and education programs. 2. Under the provisions of Section 893.13, Florida Statutes as amended by Chapter 93-194, courts are authorized to impose assessments, in addition to fines and other penalties authorized by law, against offenders who violate criminal provisions relating to possession of and trafficking in controlled substances or which involve a criminal violation of certain sections or chapters of the Florida Statutes. O' q q q ...... ~.. passages are deleted. added. 1 Underlined passages are 3. Section 893.165, Florida Statutes, has been amended to authorize the Board of County Commissioners to establish an alcohol and other drug abuse trust fund for the deposit of court-imposed assessments. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: O 0 PART A. AMENDMENT OF TITLE OF ARTICLE II (DRUG ABUSE TRUST FUND) OF CHAPTER 1-7 (COURTS) The title of Article II (Drug Abuse Trust Fund) of Chapter 1-7 (Courts) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE II. ALCOHOL AND OTHER DRUG ABUSE TRUST FUND PART B. AMENDMENT OF SECTION 1-7-22 (CREATION OF FUND AND ACCOUNTING) Section 1-7-22 (Creation of Fund and Accounting) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-7-22. Creation of Fund and Accounting. (a) Pursuant to Section 893.13, Florida Statutes, the court may assess ~hcn any defendant, on or after February 1, 1989, who is found guilty of, or pleads nolo contendere to, a violation of any provision of Chapter 893, Florida Statutes, or which involves a criminal violation of Section 316.193, Section 856.011, Section 856.015, or Chapter 562, Chapter 567, or Chapter 568, Florida Statutes +~--~ ~ ..... ~..~..~~"~ ..... ~ a. ~...~-~.. ^~ .... in addition to any fine and other penalty ..... ~.*~^~ imposed by law for any criminal ...... ~.. passages added. are deleted. 2 Underlined passages are offense under this chapter or for any criminal violation of Section 316.193, Section 856.011, Section 856.015, or Chapter 562, Chapter 0 567, or Chapter 568, Florida Statutes, may bc asscsscd an amount up to the amount of the fine authorized for the violation. Such additional assessment shall be used for alcohol and other drug abuse programs as provided by general law and this Ordinance. Pursuant to said Section 893.13, Florida Statutes, the court is authorized to order a defendant to pay such assessment if it finds that the defendant has the ability to pay the fine and the additional assessment, and the defendant will not be prevented from being rehabilitated or from making restitution. (b) Once assessed, the Clerk will keep a record of assessments and those assessments shall be collected by the Clerk. The Clerk shall forward all monies collected to the Board of County Commissioners for deposit into a special and separate account titled Alcohol and Other Drug Abuse Trust Fund. Once each month, the Board of County Commissioners shall require a full report from the Clerk as to the amount of assessments imposed by its courts, the amount of funds collected and deposited into the Alcohol and Other Drug Abuse Trust Fund, and amount of expenditures from the Alcohol and Other Drug Abuse Trust Fund. PART C. AMENDMENT OF SECTION 1-7-23 (EXPENDITURES) Section 1-7-23 (Expenditures) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: 0 °~ .... '- ~= ...... passages are deleted. added. 3 Underlined passages are Section 1-7-23. Expenditures. Monies deposited into the Alcohol and Other Drug Abuse Trust Fund shall be used to financially assist alcohol and other drug abuse treatment and education programs. In order to receive assistance grants from the Alcohol and Other Drug Abuse Trust Fund, County alcohol and other drug abuse prevention treatment or education programs shall be selected as program recipients on the basis of selection procedures which shall be developed by the County Administrator. Such procedures shall include as a basis for selection the success of the program. Final approval shall be made by the Board of County Commissioners upon recommendation by the County Administrator, and selections shall be made annually. O 0 PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or £truck added. ~=~..~v.~.. ...... passages are deleted. 4 Underlined passages are circumstance. PART F. FILING THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Denny Green AYE Vice Chairman Ken Sattler AYE Commissioner Havert L. Fenn AYE Commissioner Cliff Barnes AYE Commissioner Gary D. Charles, Sr. AYE O PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts D through I shall not be codified. PASSED AND DULY ADOPTED this 19th day of September, 1995. Struck added. passages are deleted. 5 Underlined passages are ATTEST: BY ~,~.~ oF CO~TY CO~'?O~. . '.: ST. LUCIE COUNTY, FLORT-DA ~ O q APPRO~D AS TO FO~ ~D ~  ~O~C~ESS: ~0~ (g: \ordnance\ 1995\o95-45) Struck added. passages are deleted. 6 Underlined passages are ORDINANCE NO. 95-46 AN ORDINANCE OF ST. LUCIE COUNTY PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR REPEAL OF CHAPTER '1-11, ST. LUCIE COUNTY CODE AND COMPILED LAWS; PROVIDING FOR CREATION OF COUNTY PUBLIC LIBRARY SYSTEM; PROVIDING FOR COUNTY LIBRARY SERVICES MANAGER; PROVIDING FOR CREATION OF THE LIBRARY ADVISORY BOARD; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION '1. DECLARATION OF LEGISLATIVE INTENT Pursuant to the authority granted by Section 125.01(f), Florida Statutes, St. Lucie County currently is providing a system of public libraries; and it is the purpose and intent of the Board of County Commissioners of St. Lucie County in enacting this to re-create and establish a County Public Library System and a Library Advisory Board. SECTION 2. CREATION OF COUNTY LIBRARY SYSTEM There is hereby re-created and established in St. Lucie County, Florida, a County Public Library System, which system shall be composed of all libraries and related facilities which may, from time to time, be incorporated into the system by the Board of County Commissioners. The Board of County Commissioners of St. Lucie County is hereby designated as the single library administrative unit and governing body responsible for providing public library service to St. Lucie County residents. As such, the Commission retains the authority to adopt policies, plans and budgets, and enter into contracts on behalf of the library. The head of the County Public Library System shall be OO O, the Library Services Manager, who shall report to and be under the direct supervision of the County Administrator or his designee. SECTION 3. COUNTY LIBRARY SERVICES MANAGER Responsibility for operating and maintaining the St. Lucie County Public Library System shall be delegated to a County Library Services Manager qualified according to the standards established by the Board of County Commissioners of St. Lucie County, Florida, and Chapter 257, Florida Statutes. The County Library Services Manager shall have charge of the administration of the public libraries, subject to the review of the County Administrator. The County Library Services Manager shall be considered a non- voting, ex-officio member of the Library Advisory Board. The Library Services Manager will, as necessary, formulate policies and procedures to provide a safe and conducive environment for the public enjoyment and use of the County library facilities. SECTION 4. CREATION OF THE LIBRARY ADVISORY BOARD There is hereby created and established in St. Lucie County, Florida, a board to be known as the "St. Lucie County Library Advisory Board". 1. The St. Lucie County Library Advisory Board shall consist of nine (9) members, six (6) appointed by the said Board of County Commissioners and three (3) appointed by the Friends of the St. Lucie County Library, Inc. All members are to be chosen for their interest in public library service. Library Advisory Board members shall serve for three (3) year staggered terms. Members will attend meetings regularly; and unless such absence has first been authorized by a majority of the advisory board, members who are absent for three (3) consecutive regular meetings or who fail to attend 0 0 0 0 0 0 0 2 two-thirds of the regular meetings in any twelve-month period shall be automatically dropped from membership. The Library Services Manager, on behalf of the Library Advisory Board, will recommend an individual to the Board of County Commissioners for appointment to fill the term of the member leaving the advisory board. Members may not serve consecutively more than two (2) full terms. 2. The Library Advisory Board shall elect a Chairperson, Vice-chairperson, and Secretary from the appointed Board members at the November meeting of the Board. A majority of the members of the committee shall constitute a quorum sufficient to the holding of a meeting or taking of any action. A majority vote of the members present at any meeting shall be sufficient to enable the taking of any action. Special meetings of the Board may be called by the Chairperson, by written notice signed by three (3) members of the committee or by action of the committee at any meeting, general or special, upon no less than twenty-four (24) hours notice. Minutes shall be kept of all meetings of the committee, and all meetings shall be public. 3. Members of the Library Advisory Board shall serve without compensation, salary or remuneration of any nature; but the commission may provide, in the annual county budget, sufficient funds for the reasonable and necessary expenses incurred by the Board or its members in performance of the duties and functions prescribed by the provisions of this article. All such expenses shall be subject to approval by the Board of County Commissioners. 4. The Board shall be composed of citizens who are dedicated to the purpose of providing a feasible, adequate public library system for St. Lucie County in cooperation 0 0 0 0 3 with all other governmental entities, who will be in a position to furnish information, advice, counsel and recommendations to the Board of County Commissioners in respect to the appropriate means and methods by which adequate public library facilities and services may be provided, all of which shall be done within the framework of the County government in a sound financial basis for the use and benefit of all residents of St. Lucie County. The Library Advisory Board shall work towards the development and implementation of sound programs for the County's public libraries through the mutual cooperation between the State, County and City governments and agencies, and shall coordinate efforts with non-governmental organizations interested in library facilities and service. SECTION 5. QUALIFICATIONS, REGULATIONS AND CONTRIBUTIONS The St. Lucie County Board of County Commissioners will diligently work to meet the qualifications and regulations enumerated under Chapter 257, Florida Statutes, and Chapter 1B-2, Florida Administrative Code, in order to be eligible for the benefits described therein. To further this effort, the Board may receive contributions restricted to use by the Library System in a manner as may be designated by the contributor and not otherwise in conflict with the rules and regulations of the Library system, the Board of County Commissioners, or the rules or laws of the State of Florida. Such contributions shall be made to the St. Lucie County Board of County Commissioners/County Public Library System, of St. Lucie County, Florida. 0 0 0 0 0 0 0 4 SECTION 6. REPEAL Chapter 1-11, St. Lucie County Code of Compiled Laws is hereby repealed and declared null and void and of no effect. SECTION 7. SEVERABILITY It is declared to be the intent of the Board of County Commissioners that if any section, subsection, clause, sentence phrase or provision of this Ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of the remaining portions of this Ordinance. SECTION 8. INCLUSION IN THE CODE The provisions of this ordinance shall be included and incorporated in the St. Lucie County Code and Compiled Laws as an addition or amendment thereto and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective upon receipt of official acknowledgement from the Secretary of State that said Ordinance has been filed with such office. 0 0 0 0 0 0 0 DULY PASSED AND ENACTED this 5th day of December, 1995. BOARD OF COUNTY COMMISSIONERS ATTEST: ~ ST. LUClE COUN/~, FLORIDA APPROVED~ AS TO FORM AND CORRECTNESS: /~ BY: . 0 0 0 ~0 0 0 0 0 g:~ordnance\1995~95-46 6