HomeMy WebLinkAbout04-005 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
2O
21
22
23
0
2
34
35
36
ORDINANCE NO. 04-005
(Formerly Ordinance 03-025)
AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND
DEVELOPMENT OF LAND IN ST. LUCIE COUNTY, FLORIDA,
PROVIDING FOR THE CREATION OF SECTION 1-18-03 THROUGH 1-18-
00 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES
ESTABLISHING A LAW ENFORCEMENT IMPACT FEE ON LAND
DEVELOPMENT ACTIVITIES IN ST. LUCIE COUNTY; CREATING
SECTION 1-18-03, PROVIDING FOR A SHORT TITLE, AUTHORITY AND
APPLICABILITY OF THE ORDINANCE; BY CREATING SECTION 1-18-
04, PROVIDING FOR THE INTENT AND PURPOSES; CREATING
SECTION 1-18-05, PROVIDING RU LES OF CONSTRUCTION; CREATING
SECTION 1-18-06, PROVIDING DEFINITIONS; CREATING SECTION 1-18-
07, PROVIDING FOR THE IMPOSITION OF LAW ENFORCEMENT
IMPACT FEE; CREATING SECTION 1-18-08, PROVIDING FOR
COMPUTATION OF THE AMOUNT OF THE LAW ENFORCEMENT
IMPACT FEE; CREATING SECTION 1-18-09, PROVIDING FOR
PAYMENT OF FEES; BY CREATING SECTION 1-18-10, PROVIDING FOR
CREDITS; CREATING SECTION 1-18-11, PROVIDING FOR
INDEPENDENT PROPERTY APPRAISALS; CREATING SECTION 1-18-
12, PROVIDING FOR PROPERTY REVIEW APPRAISALS; CREATING
SECTION 1-18-13, PROVIDING FOR THE CREATION OF A LAW
ENFORCEMENT IMPACT FEE DISTRICT; CREATING SECTION 1-18-14,
PROVIDING FOR THE ESTABLISHMENT OF LAW ENFORCEMENT
IMPACT FEE TRUST FUNDS; CREATING SECTION 1-18-15, PROVIDING
FOR THE USE OF FUNDS; CREATING SECTION 1-18-16, PROVIDING
FOR REFUND OF FEES PAID; CREATING SECTION 1-18-17, PROVIDING
FOR EXEMPTIONS; CREATING SECTION 1-18-18, PROVIDING FOR
APPEALS; CREATING SECTION 1-18-19, 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.
Ordinance #04-005 final
Law Enforcement Ir~pact Fee - Final
Underline is for addition
Stri',;~ Th;ou.~h is for deletion
Page 1
PRINT DATE: 04/06/04
1'..3
I--'
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
WHEREAS the Board of County Commissioners of St. Lucie County Florida has made the
following determinations:
o
The St. Lucie County Comprehensive Plan establishes that land development shall
not be permitted unless adequate capital facilities exist or are assured; and
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
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
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
The St. Lucie County Sheriff has requested the Board of County Commissioners to
adopt a Law enforcement Impact Fee to be paid by new development and to be
earmarked for Law enforcement Capital Improvements.
The St. Lucie County Sheriff has determined the property tax revenue generated by
new development have not been adequate to support the Law enforcement Facilities
necessary to ensure that current law enforcement facilities levels of service can be
provided concurrent with the occupancy of the new development.
On June 19, 2003, 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 ten (10) days prior to
the hearing and recommended that the proposed ordinance be adopted as drafted.
On March 16, 2004, 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 March 4, 2004.
Underline is for addition
St~i',~ Th;~,;~§~ is for deletion
Ordinance #04-005_final Page 2
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
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
10.
On April 6, 2004, 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 March 24, 2004.
The Board of County Commissioners has reviewed and accepted a Technical
Memorandum on an Update of Law Enforcement Impact Fee for St. Lucie County,
dated June, 2003, prepared by James Nicholas, PhD.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie
County:
Part A.
"LAW ENFORCEMENT IMPACT FEE" OF CHAPTER 1-18 (SHERIFF) OF
THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS
CREATED AS FOLLOWS:
LAW ENFORCEMENT IMPACT FEE
Section 1-18-03.
Short Title, Authority, and Applicability.
This ordinance shall be known and may be cited as the "Law Enforcement 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 and Sections 163.3201 and 163.3202(3) Florida Statutes.
The St. Lucie County Sheriffs Department provides Countywide law enforcement.
court security and correctional security throughout St. Lucie County pursuant to the
authority granted and required under Article VIII(1 )(d)of the Florida Constitution and
Chapter 30, Florida Statutes.
St. Lucie County must collect Law Enforcement Impact Fees in order to provide the
Sheriffs Department with funds to adequately provide law enforcement services for
all St. Lucie County residents, including residents of the cities. Development within
the cities impacts the sheriffs department capital needs.
Underline is for addition
~..°'-="-..~ Th;ough is for deletion
Ordinance #04-005_final Page 3
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
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
This article shall apply to all areas of St. Lucie County, even in the absence of
interlocal aqreements with the affected municipalities.
Section 1-18-04.
Intents and Purposes.
This chapter is intended to implement and be consistent with the Goals, Obiectives
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 law enforcement protection and services in St.
Lucie County.
The Florida Leqislature 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.
Section 1-18-05.
Rules of Construction.
The provisions of this Ordinance shall be liberally construed so as to effectively carE/
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:
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.
The word "shall" is always mandatory and not discretionary; the word "may"
is permissive.
Underline is for addition
Str=,k~ Th;ou.3h is for deletion
Ordinance #04-005_final Page 4
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
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
4
7
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.
The phrase "used for" includes "arranged for," "designed 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 re.qulation 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.
"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 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.
"County Administrator" means the County Administrator or whoever he/she
may designate to carry out the administration of this ordinance.
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.
Underline is for addition
St;:,k~ Th;o~;§,5 is for deletion
Ordinance #04-005 final Page 5
Law Enforcement Ir~pact Fee - Final PRINT DATE: 04/06~04
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
Section 1-18-06.
Definitions.
A"capital improvement" includes, but is not limited to, site planning, land acquisition,
site improvements, buildings, motor vehicles, personal equipment and
communications facilities with a useful life of two or more years, but excludes
maintenance and operation.
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 or for a type of land development activity specified in
Section 1-18-08 of this Ordinance.
Section 1-18-07.
Imposition of Law Enforcement Impact Fee.
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 land use types specified
in Section 1-18-08 of this Ordinance or an electrical permit for a mobile home park
or recreational vehicle park shall be required to pay a Law Enforcement 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 1-18-08 of this
ordinance nor electrical permit for a mobile home park or recreational vehicle park
shall be issued unless and until the Law Enforcement impact fee hereby required
has been paid as provided in Section 1-18-09 of this Ordinance.
Section 1-18-08.
Computation of the Amount of Law Enforcement Impact
Fee.
At the option of the feepayer, the amount of the fee may be determined by the
following fee schedule:
Underline is for addition
Strike Through is for deletion
Ordinance #04-005_final Page 6
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
1
2
3
9
10
11
12
]_7
18
20
23
24
2S
26
27
28
31
32
33
LAW ENFORCEMENT IMPACT FEE
COUNTYWIDE ASSESSMENT
UNIT OF MEASURE I IMPACT FEE
LAND
USE
TYPE
fee as of 06/01/04
RESIDENTIAL
SINGLE FAMILY PER UNIT $169
MOBILE HOME/RV ~.P~Rv P.~.o.,y~ PER UNIT $111
MULTI-FAMILY (All types) PER UNIT $151
HOTEL/MOTEL PER ROOM $113
BED & BREAKFAST RESIDENCE $113
u,,~ PER ROOM
ALL OTHER RESIDENTIAL PER UNIT $169
OFFICE & FINANCIAL
MEDICAL OFFICE PER 1000 FT2 $259
OTHER OFFICE PER 1000 FT2 $162
RETAIL TRADE
UNDER 100,000 FT2 PER 1000 FT2 $606
100,000 - 399,000 FT2 PER 1000 FT2 $698
400,000 FT2 and over PER 1000 FT2 $598
GASOLINE SERVICES
SERVICE STATION PER PUMP STAT
INDUSTRIAL
WAREHOUSE PER 1000 FT2 $31
TRUCK TERMINAL PER 1000 FT~ $62
GENERAL INDUSTRIAL PER 1000 FT~ $49
INSTITUTIONAL
SCHOOL- ELEM. PER 1000 FT~ $210
Underline is for addition
Stri',;~ Th;o~§h is for deletion
Ordinance #04-005 final Page 7
Law Enforcement Ir~pact Fee - Final PRINT DATE: 04/06/04
1
2
3
4
5
6
7
8
9
10
11
12
~7
18
20
21
22
23
2S
26
27
28
29
LAW ENFORCEMENT IMPACT FEE
COUNTYWIDE ASSESSMENT
LAND USE TYPE UNIT OF MEASURE IMPACT FEE
fee as of 06101104
SCHOOL - MIDDLE/HIGH PER 1000 FT2 $139
DAY CARE CENTER PER 1000 FT2 $133
FRATERNAL ORGANIZATION PER 1000 FT2 $63
HOSPITAL PER BED $63
NURSING HOME PER BED $63
LIBRARY PER 1000 FT~ $63
RECREATIONAL
PARK (CITY/COUNTY/STATE) PER ACRE $63
RECREATION FACILITY - ~_LT~.Es PER PKG SPACE $63
GOLF COURSE PER HOLE $63
MOVIE THEATER PER SEAT
NOTE: II The fee schedule shown in this Table is subject to annual revision based upon the
provisions of Section 1-18-19 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.
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 indicatinq that the fees set out in paragraph A above are
not appropriate for his particular development. Based upon convincing and
competent evidence, the County Administrator may adjust the fee to that appropriate
for the particular development.
Underline is for addition
Str?,~e Th;c,u.Sh is for deletion
Ordinance #04-005 final Page 8
Law Enforcement Ir~pact Fee - Final PRINT DATE: 04/06/04
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
Section 1-18-09.
Payment of Fee.
The feepayer shall pay the fee to the County Administrator at any time prior to the
issuance of a building permit or electrical permit for a recreational vehicle park or
mobile home park.
In lieu of all or part of the Law Enforcement 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 meeting a capital public building
needs of the Sheriffs Department 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 1-18-10(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 governmental entity.
If Law Enforcement 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.
Section 1-18-10.
Credits.
A._=. Scope.
Any person who shall commence any Law Enforcement impact generating land
development activity may apply for a credit against the required Law Enforcement
impact fee for any contribution, construction, or dedication of land or equipment
made by such person or predecessor in interest that is accepted and received by
St. Lucie County for Law Enforcement purposes, pursuant to this Section.
Consistent with the standards of this Section, an application may be made for credit
for any contribution, construction or dedication made in St. Lucie County as required
by a development order issued by St. Lucie County, the City of Fort Pierce, the City
of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations
Underline is for addition
Strike Through is for deletion
Ordinance #04-005_final Page 9
Law Enforcement Impact Fee - Final PRINT DATE: 04~06~04
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
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 Law Enforcement impact fee.
General.
Any person desiring a Law Enforcement impact fee credit, who proposes to make
any contribution, construction or dedication of a Law Enforcement facility or
equipment that is consistent with both the County's Comprehensive Plan and the
County Sheriffs Department Capital Improvement Program, 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 Law Enforcement impact
fee credit. The Board of County Commissioners shall consult with the St. Lucie
County Sheriff prior to making any final determination that the proposed
contribution, construction or dedication is considered to be eligible for a Law
Enforcement impact fee credit. Upon the determination by the Board that the
proposed contribution, construction or dedication is eligible for a Law Enforcement
impact fee credit, the final amount of the credit shall be determined upon the
submission of a request for Law Enforcement impact fee credit and the entering into
of a formal Law Enforcement impact fee credit agreement.
Relationship of Law Enforcement impact fee to developments of regional impact.
Pursuant to Section 380.06(16), Florida Statutes, the value of Law Enforcement
facilities and/or other Law Enforcement capital improvements required pursuant to
a County or City approved Development Order, except those deemed site-related.
shall be credited against the Law Enforcement impact fee.
General standards for issuing Law Enforcement impact fee credits.
Prior to the issuance of any credits against the Law Enforcement impact fee, the
person who made the contribution, payment, construction or dedication of Law
Enforcement facilities or equipment 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:
Underline is for addition
Str:,',~ Thro'd§h is for deletion
Ordinance #04-005 final Page 10
Law Enforcement I~pact Fee - Final PRINT DATE: 04/06/04
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
Credit for contributions, payments, construction or dedications of the Law
Enforcement impact fee shall not be transferrable as a credit against other
impact fees imposed for purposes other than Law Enforcement.
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 Law Enforcement impact fee.
No credit shall be given for Law Enforcement facilities and equipment
dedicated or constructed before July 1,2004.
Specific standards.
Credits against Law Enforcement impact fees otherwise payable shall be allowed
only under the following conditions:
Law Enforcement need.
The contribution, payment, construction or dedication shall meet a Law
Enforcement capital need identified in the County's Comprehensive Plan, the
Sheriffs Department Capital Improvement Program or in the adopted
comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Villaqe. No
credit shall be given for capital improvements that do not meet a Law
Enforcement capital need identified in County's Comprehensive Plan, the
Sheriffs Department Capital Improvement Program or in the adopted
comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village.
2_. Law Enforcement property dedication.
Credit for the dedication of property for Law Enforcement purposes 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 property shall be provided when the
Underline is for addition
....... Th;o;;gh is for deletion
Ordinance #04-005_final Page 11
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
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
property has been conveyed at no charge to, and accepted by the St. Lucie
County in a manner satisfactory to the County.
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 1-18-11 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 1-18-12 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 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 subiect 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
Law Enforcement facility or expansion of an existing impact fee eligible public
building 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 assigns, 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 eligible facility 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 being dedicated as a result of the new
Underline is for addition
St¢ikc Th;o'.~gh is for deletion
Ordinance #04-005_final Page 12
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
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
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 Law Enforcement
building, facilities or equipment shall submit documentation of the actual
engineering, construction or acquisition costs to the County Administrator or
his designee. The County Administrator or his designee shall determine
credit for Law Enforcement 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 developer is required as a condition of a final development
order to acquire off-site Law Enforcement property, the developer shall first
obtain an Independent Property Appraisal as described in Section 1-18-21
and provide the County Administrator with a copy of the appraisal. The
County Administrator may obtain a review appraisal as described in Section
1-18-22.
Except as provided below, credits for Law Enforcement 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 Law Enforcement property
for appraised value or lower, the Board may:
grant additional credits above the appraised value if it determines that
the cost of acquisition is less than the cost of condemnation or that
condemnation is not practical or desired; or,
authorize the condemnation of the parcels; or,
c_. deny the request for additional credits.
Underline is for addition
Strlk~ Th;c,~,..,.3h is for deletion
Ordinance #04-005 final Page 13
Law Enforcement I~pact Fee - Final PRINT DATE: 04~06/04
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
30
31
32
33
34
35
36
37
38
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 1-18-11.
Independent Property Appraisal
If the feepayer shall opt not to have the value of any property dedication determined
as set out in Section 1-18-10(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:
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.
3_. Description of parent property.
Description of the parent property to be appraised will include:
a_. Names of apparent owner of each interest being evaluated.
b_. Location of property.
c_. Total area of property in acres or square feet.
Area of each interest in property being acquired in acres or square
feet.
e_. A minimum of five (5) years delineation of title.
Underline is for addition
....... Through is for deletion
Ordinance #04-005 final Page 14
Law Enforcement Ir~pact Fee - Final PRINT DATE: 04/06/04
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
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 rights and interests to be acquired and the highest
and best use of the remainder after the acquisition when a partial taking is
involved. In either instance, if the existing use is not the premise on which
the valuation is based, the appraisal will contain an explanation justifying the
determination that the property is available and adaptable for a different
highest and best use and there is demand for that use in the market.
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 settinq forth his
analysis and reasoning for each item of adiustment 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
Underline is for addition
....... Th~o~,3h is for deletion
Ordinance #04-005_final Page 15
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
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
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:
Sales comparable to the remainder properties.
Sales of comparable properties from which there have been similar
donations, or acquisitions for like usages.
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.
In the event the data described in a throuqh d above are not available,
the appraisal will so state and qive 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.
Underline is for addition
~,,,,,~ ....... Th;ough is for deletion
Ordinance #04-005 final Page 16
Law Enforcement Ir~pact Fee - Final PRINT DATE: 04/06/04
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
10.
11.
12.
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.
All appraisals should include identified photographs of the subject property
including all principal above ground improvements or unusual features
affecting the value of the property to be taken or damaged.
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
si.qnificant 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 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.
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 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 photographs
of all principal above ground improvements or unusual features
affecting the value of the comparable.
Ordinance #04-005 final
Law Enforcement Ir~pact Fee - Final
Underline is for addition
St~:,kc Th;o',;§h is for deletion
Page 17
PRINT DATE: 04/06/04
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
13.
Inspection of properties.
All property appraised and the comparable sales which were relied upon in
arriving at the fair market value estimate will be personally inspected in the
field by the appraiser and all dates of inspection will be shown in the
appraisal report.
14.
15.
16.
Date of valuation.
The effective date to which the valuation applies.
Limiting conditions.
Statement of appropriate contingent and limitinq conditions if any.
Certification and siqnature.
The certification, signature and date of signature of the appraiser.
Section 1-18-12.
Property Review Appraisal
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.
The reviewing appraiser will examine the appraisal reports to determine that
they:
a_. Comply with the provisions of this section.
Underline is for addition
.............. is for deletion
Ordinance #04-005 final Page 18
Law Enforcement Ir~pact Fee - Final PRINT DATE: 04/06/04
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
fo
Follow accepted appraisal principles and techniques in the valuation
of real property in accordance with existing state law.
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 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 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 followinq
factual data has been omitted:
a_. Owner's and/or tenants' names.
b_. 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.
Underline is for addition
St;i:;c Th;ou,-3h is for deletion
Ordinance #04-005_final Page 19
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
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
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
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.
d.=. 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 greater than the value determined by the Independent Property Appraisal
(lAP) the county shall bear the cost of the review appraisal.
Section 1-18-13. Law Enforcement Impact Fee District Created
There is hereby established one (1) Law Enforcement Impact Fee District, as shown in
Figure I, for all of St. Lucie County.
Underline is for addition
St~:,kc Throu~3h is for deletion
Ordinance #04-005 final Page 20
Law Enforcement Ir~pact Fee - Final PRINT DATE: 04/06/04
5
6
7
8
9
10
1
2
3
4
LAW
FIGURE
ENFORCEMENT
IMPACT
FEES
COLLECTION ZONES:
BENEFIT ZONES: ...........
N
ST. LUCIE COUNTY
FLORIDA
Underline is for addition
St;ike Th;ou§h is for deletion
Ordinance #04-005_final Page 21
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
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
Section 1-18-14.
Law Enforcement Impact Fees Trust Fund Established
There is hereby established a Law Enforcement Impact Fee Trust Fund, for the Law
Enforcement impact fees collected pursuant to this ordinance.
Funds withdrawn from this account must be used in accordance with Section 1-18-
15 of this ordinance.
Section 1-18-15.
Use of Funds.
The collecting governmental unit shall be entitled to up to but not more than 4% of
the funds collected to compensate the entity for the administrative expense of
collecting and administering the Law Enforcement impact fee ordinance. All
remaining funds collected from Law Enforcement impact fees shall be used solely
for the purpose of capital improvements to the County's Law Enforcement Facilities
and Equipment and not for maintenance or operations. Land acquisition and
improvements shall be of the type made necessary by the County's growth and
development.
Bo
Each January the St. Lucie County Sheriff shall present to the Board of County
Commissioners a proposed capital improvement program for law enforcement
capital equipment, buildings and facilities, assigning funds, including any accrued
interest, from the Law Enforcement Impact Fee Trust Fund to specific Law
Enforcement improvements proiects and related expenses. Monies, including any
accrued interest, not assigned in any fiscal period shall be retained in the same Law
Enforcement 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 St. Lucie County Board of County Commissioners will enter appropriate
interlocal agreements between or amonq themselves and the governing bodies of
the municipalities in the County to provide for the collection of fees imposed and to
ensure proper use of the funds collected pursuant to this article.
Underline is for addition
~.,,~ ....... Throu.3h is for deletion
Ordinance #04-005 final Page 22
Law Enforcement Ir~pact Fee - Final PRINT DATE: 04~06~04
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
Section 1-18-16.
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 four percent (4%)
of the funds as an administrative fee to offset the costs of refunding.
Bo
Any funds not expended or encumbered by the end of the fiscal year immediately
following then (10) years from the date the Law Enforcement 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 1-18-17.
Exemptions.
A_. The followinq shall be exempted wholly or in part from payment of the Law
Enforcement impact fee:
Alteration or expansion of an existinq building where no additional residential
dwelling units are created.
The construction of accessory buildings or structures which will not produce
additional need for law enforcement facilities 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 July 1, 2004, with a new building or structure of the
same or a different use provided that no additional need for Law Enforcement
Facilities 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.
~_.J
Underline is for addition
....... Through is for deletion
Ordinance #04-005_final Page 23
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
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
Sec. 1-18-18.
Appeals
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 meetinq 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.
Sec. 1-18-19.
Review and Automatic Adjustment of Fees.
The Law Enforcement impact fee shall be adjusted by the County Administrator in
April of each calendar year, beginning the first year after the adoption of this article.
Unless otherwise directed by the Board of County Commissioners, any adiustments
to the Law Enforcement impact fee, made pursuant to this section, shall be effective,
the first Monday in October of each calendar year. All adjustments to the Law
Enforcement 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, 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 2004. The Law Enforcement Impact Fee
shall be adjusted by the percentage change in the index.
Underline is for addition
Str=,kc Thrc~',~3h is for deletion
Ordinance #04-005 final Page 24
Law Enforcement Ir'npact Fee - Final PRINT DATE: 04/06/04
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
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 government 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 Law Enforcement impact fee
at least once every five (5) years from the effective date of this ordinance (July 1,
2004).
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, including the
incorporated areas even in the absence of interlocal agreements with the affected
municipalities.
Underline is for addition
S~?~e Th;c~',~§h is for deletion
Ordinance #04-005 final Page 25
Law Enforcement I~pact Fee - Final PRINT DATE: 04/06/04
1
2
3
4
5 Tallahassee, Florida 32304.
6
?
8 PART F. EFFECTIVE DATE.
3.o This Ordinance shall take effect July 1,2004.
3_2
3_3 PART G. ADOPTION.
the Bureau of Administrative Code and Laws, Department of
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
State, The Capitol,
3_5 After motion and second, the vote on this ordinance was as follows:
Chairman Paula Lewis
Vice Chairman John D. Bruhn
Commissioner Frannie Hutchinson
Commissioner Cliff Barnes
Commissioner Doug Coward
CODIFICATION.
AYE
AYE
AYE
AYE
AYE
16
17
18
19
20
21
22
23
24
25
26
27
2 8 PART H.
29
3o Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
3 3_ Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other
3 2 appropriate word, and the sections of this ordinance may be renumbered or relettered to
33 accomplish such intention; provided, however, that pads B through H shall not be codified.
3,t
35
3 6 PASSED AND DULY ENACTED this 6th day of April, 2004.
3'7
38
Underline is for addition
Str=,k~ Thrc, u~3h is for deletion
Ordinance #04-005_final Page 26
Law Enforcement Impact Fee - Final PRINT DATE: 04/06/04
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
ATTEST:
DEPU~¢ CLERK
BOARD OF COU.TY COMM, bi ERS
ST. LUCIE COUNTY? FLORII~~ ~'
CHAIRM~N / ,~ '-"' "'
OR04-005_final(IM PACTfee2003)
DJM
~.~ ..,'..." '., ',c,..,~ APPROVED AS TO FORM AND
(,. .. : ,:~. ~
.
CORRECTNESS:
: ~ ~, . · ,
~ ,: ..... :'.-,~ .~ ,,,:i
%,i'..'~':": '~ f:.:;-'.;.,..~ ¢'~
~,~ . ' "· . : .~"'*'**~J. -' 'i/
"%%,' : · , ;- i-'
· --~'.%. , .', .,
~ COUNTY ATTORNEY
0
Underline is for addition
....... Throu§h is for deletion
Ordinance #04-005 final Page 27
Law Enforcement Ir'npact Fee - Final PRINT DATE: 04/06/04