HomeMy WebLinkAbout19-012SAINT LUCIE COUNTY
FILE # 4598766 07/26/2019 04:54:19 PM
OR BOOK 4301 PAGE 323 - 354 Doc Type: ORDN
RECORDING: $273.50
ORDINANCE 2019-12
AN ORDINANCE AMENDING ARTICLE Vlll, CHAPTER 24, ROAD IMPACT FEE, ST.
LUCIE COUNTY CODE AND COMPILED LAWS TO PROVIDE FOR MINOR EDIT
CLARIFICATIONS THROUGHOUT ARTICLE Vill, AND WITH SPECIFIC
AMENDMENTS TO SECTION 24-256 - INTENTS, PURPOSES, AND FINDINGS, TO
PROVIDING FOR ADDITIONAL FINDINGS; AMENDING SECTION 24-258(A) —
"COMPUTATION OF THE AMOUNT OF ROADS IMPACT FEE", TO PROVIDE FOR
UPDATED ROADS IMPACT FEES AND CATEGORY REVISIONS BASED ON THE ST.
LUCIE COUNTY ROADS IMPACT FEE UPDATE STUDY, BY TINDALE OLIVER;
FURTHER AMENDING SECTION 24-258 — "COMPUTATION OF THE AMOUNT OF
ROADS IMPACT FEE", TO ADDRESS ABANDONMENT IN USE; AMENDING
SECTION 24-259 "PAYMENT OF FEE" TO PROVIDE FOR ST. LUCIE COUNTY
TRANSPORTATION PLANNING ORGANIZATION LONG RANGE TRANSPORTATION
PLAN (NEEDS PLAN) AND OTHER APPROPRIATE GOVERNMENT ENTITY
ACCEPTABLE TO THE COUNTY; AMENDING SECTION 24-261 " USE OF FUNDS AND
BENEFIT ZONES" TO DELETE A REFERENCE TO A PREVIOUS STUDY; AMENDING
SECTION 24-264 TO PROVIDE FOR ST. LUCIE TRANSPORTATION PLANNING
ORGANIZATION AND LONG RANGE TRANSPORTATION PLAN (NEEDS PLAN);
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
determination:
1. The St. Lucie County Comprehensive Plan establishes that land development shall not be
permitted unless adequate capital facilities exist or are assured; and,
2. The St. Lucie County Comprehensive Plan establishes that a development shall, bear a
proportionate share of the cost of the provision of the new or expanded capital facilities required by such
development; and,
3. Policy 9.1.2.3 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,
4. The Florida Legislature, through the enactment of Sections 163.31801 and 163.3202(3) Florida
Statutes, has sought to encourage local governments to enact impact fees and land development
regulations; and,
5. On January 18, 2018, the St. Lucie County Local Planning Agency/St. Lucie County Planning and
Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St.
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Lucie News Tribune at least ten (10) days prior to the hearing and recommended that the proposed
ordinance be adopted as drafted; and,
6. On March 6, 2018, this Board held its first public hearing on the proposed ordinance after
publishing a notice of such hearing in the St. Lucie News Tribune on February 28, 2018; and,
7. On April 3, 2018, this Board held its second public hearing on the proposed ordinance, after
publishing a notice of such hearing in the St. Lucie News Tribune on March 28, 2018, and continued any
actions until February 5, 2019.
8. On February 5, 2019, this Board and again continued any final actions on these proposed reviews
until July 2, 2019.
9. The Technical Memorandum prepared by Tindale-Oliver, dated March 27, 2018, has been
reviewed and adopted herein by reference.
10. The proposed amendments to the Roads Impact Fee are consistent with the general purpose,
goals, objectives, and standards of the St. Lucie County Comprehensive Plan and are 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 VIII "Roads Impact Fee" is amended as follows:
ARTICLE VIII. - ROADS IMPACT FEE
Sec. 24-255. - Short title, authority and applicability.
(a) This article shall be known and may be cited as the "Roads 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 and F.S. ch. 125 and F.S. § 163.3201.
(c) F.S. chs. 125, 334, 335, and 336 and F.S. § 380.06(15) provide that counties have the exclusive
responsibility for planning, building and maintaining county roads. The county must collect road
impact fees in order to construct county roads that adequately serve the needs of all county residents,
including residents of the cities. Development within the cities impact the capital road needs of the
county.
(d) The Fifth District Court of Appeals in the cases of City of Ormond Beach v. County of Volusia, 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 county road
impact fee to pay for county roads were not valid.
(e) This article shall apply to all areas of the county, even in the absence of interlocal agreements with the
affected municipalities.
(Code 1982, § 1-17-25; Ord. No. 85-10, pt. A, 11-12-1985; Ord. No. 93-002, pt. A, 2-16-1993; Ord. No. 95-12, pt. A, 6-27-1995; Ord. No. 00-004,
pt. A, 5-9-2000)
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Sec. 24-256. - Intents, purposes, and findings.
(a) This article is intended to implement and be consistent with the goals, objectives and policies of the
county comprehensive plan.
(b) The purpose of this article is to regulate the use and development of land so as to ensure that new
development bears a proportionate share of the cost of capital expenditures necessary to provide
roads in the county as contemplated by the county comprehensive plan.
(c) The state legislature, through the enactment of F.S. §§ 163.3202 and 380.06(16), has sought to
encourage local governments to enact impact fees as a part of their land development regulation
program.
(d) The state legislature through the enactment of F.S. §§ 163.31801 has found that impact fees are an
important source of revenue for a local government to use in funding the infrastructure necessitated
by new growth and that impact fees are an outgrowth of the home rule power of a local government
to provide certain services within its jurisdiction provided that any impact fee adoption or amendment
must meet certain minimum standards as set out in F.S. §§ 163.31801.
(d e) The county is charged with the responsibility and control over all arterial, collector and other roads,
bridges, tunnels and related facilities within the county road system, in both unincorporated and
incorporated areas, and thus is charged with increasing the capacity of these facilities as provided in
F.S. §§ 125.01(i)(m) and 336.02.
(e f) All new construction within the county in both unincorporated and incorporated areas impacts the
need for future improvements and additions to the county road system. Accordingly, the provision by
the county of roadway capacity benefits all residents of the county, including residents of
municipalities, and is in the best interest of the public's health, safety and welfare.
(Code 1982, § 1-17-26; Ord. No. 85-10, pt. A, 11-12-1985; Ord. No. 93-002, pt. A, 2-16-1993; Ord. No. 05-030, pt. G, 9-6-2005)
Sec. 24-257. - Imposition of roads impact fee.
(a) Any person who, after the effective date of the ordinance from which this article is derived, seeks to
develop land within the county by making improvements to land which will generate additional traffic
and which requires the issuance of a building permit or an electrical permit for recreational vehicle
parks or mobile home parks shall be required to pay a roads impact fee in the manner and amount set
forth in this article. Nothing in this article shall be deemed to eliminate the requirements of Section
11.02.07 of the County Land Development Code.
(b) No building permit or electrical permit for a recreation vehicle park or mobile home park for any
activity requiring payment of an impact fee pursuant to section 24-258 shall be issued unless and until
the roads impact fee hereby required has been paid.
(Code 1982, § 1-17-28; Ord. No. 85-10, pt. A, 11-12-1985; Ord. No. 93-002, pt. A, 2-16-1993; Ord. No. 05-030, pt. H, 9-6-2005)
Sec. 24-258. - Computation of the amount of roads impact fee.
(a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule.
The fees shown on the schedule reflect a zero percent discount.
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July 2, 2019
ROADS IMPACT FEE - MAINLAND
Impact Fee
Land Use Type Unit of Measure Current Fee as of
fa—f �s-ef (as of Fall 2018)
(This column for 11/01/2019)
reference only) #
RESIDENTIAL
Single -Family Perms►% $3,399:09 $4s452,98 $5,068
Single -Family (<2,000 sf) & very low income': Per Unit $2,987
Sinale-Family (<2,000 sf) & low income2:
Per Unit
$3,640
Single Family <2,400 sf
Per Uni
11W
Sinale-Family 2,400 — 3,499 sf
Per Uni
skm
Sinale-Family >3.500 sf
Per Unrt
6 22
Per "wit
S;,693.00
$2,226.80
Multi_Ffamily 1 and 2 floors:
Permit
$2;469.99
$3;246..00
$3,695
Multi -Family. Very Low Income':
Per Unit
2 359
Multi -Family. Low Income2:
Per Unit
J2.874
Multi -Family, Less than 750 sf
Per Uni
slam
Multi -Family, 750-1,499 sf
Per Unit
11M
Multi-Family.1,500 sf or more
Per Unit
4
4 54
Multi_F#amily3+floors:
Per -gait
��
$1,2p� �� �AA
$1,702.00
$1,938
Multi -Family, Very Low Income':
Per Unit
17 i
Multi -Family, Low Income2:
Per Unit
2 14
Multi -Family. Less than 750 sf
Per Unit
11M
I i-Family, 750-1,499 sf
Per Unit
2 874
Multi-Family.1,500 sf or more
Per Unit
3 311
Mobile Home/RV Unit (Park Only)
Per unit
$2,536
S1,989
Hotel/Mfaotel
Per room
c,9',-1.99
$3,541 99
$4,030
2172
Bed and Bbreakfast Rfesidence (guest rooms)
Per room
x
$ ,Cg-543 00
$2,016.00
$2,294
$1,792
All Oether Rfesidential
Per unit
$39Ssr99
t"�
$5,068
$5,407
OFFICE
AAed-ieaI A#6ce
SqUaFe feet$3
y2ggg
$3,c�
$3,952
6eaefal Oeffice all s
squaFe Pe 0 1,01Ot
$2,907
$3,634 • +
RETAIL TRADE
0 to 8,000 sq ft
Per 1,000 soft
Ca,o�
$4,766.08
$5,425 Fj3]41�1:—
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July 2, 2019
ROADS IMPACT FEE - MAINLAND
Impact Fee
Land Use Type
Unit of Measure ����t Current Fee as of
k-44 L-
� (as of Fall 2018)
04/01/201� , m , nr �(Thiscolumnfori 11/01/2019)
�e�8,001 to 30,000 100,009 square feet
Per 1,000
s feet
$3,°�
90
r
6198
-
q
30,001 to 100,000 sq ft
Per 1,000 sa ft
$3,o�
$4,;166.00
ws.
$5,425 E
6 198
100,0091 to-499,999NG sgaafe feet
Per 1,000
square feet
$3,895-00
$4 n3
`
7 553
500,000 or more sgdaFe feet Per 1,000 sg�Fe feet $4 .99 c5�89
GASOLINE-SERVICES
Gaseline s Per pump service
`� � 7 353
k
Gas Station w/Convenience Mt <2,000 sci position ft statiBA
GaSG"Fle puRV9
Per pump service
$2,609.Go
$2,699.99
$8,773
Gas Station w/Convenience Mkt 2,-2,999 sci ft
osn ition sta6eR
Per pump service
c�
t�
9 852
Gaseke pwFiVs
Gas Station w/Convenience Mkt 3,000+ sci ftposition
sta#Ga
INDUSTRIAL
Per 1,000
$;8W89
$694.99
855+
Warehouse
square feet
Tr,--r-.k telcrriiaa1 Intermodal Distribution Center/
Per 1,000
t'�
c, ok5
` -,e
686
Hiah-Cube Warehouse
squaFe feet
Industrial
General I
Per 1,000
Per
feet
$639.09
$758.00
1078* +
INSTITUTIONAL
School -Elementary
Per 1,000
$� c�
$1,746 00
$1,987
6 921
I
scµuaFe feet
__._.
School-Middle/high
Per 1,000
squaFefeet"'���
c, non nn
c, o nn
$1,956
6 474
Day Ccare Ccenter
sPeq uaFe rr 1,000
cog()
$, 533 00
$10745
2 182*
Fraternal Oerganization
Per 1,000
sgaaFe feet
$1,7-34.99
$2,496.00
$2,842
$2,412
Hospital
b s0 aft ed
Per Per
4,100
$3,�99
$4,403
5 790+
Nursing i4ome
PPF bed
Per 1,000 s0 ft
$549.09
$701.90
$799
1541
'
AeF1,990
squaFefeet
4 399
$`,'�
$5,817
RECREATIONALr
;?aFk (eityTeea nty� state)
,,� nn
PeF-affe Cn
�j�QQ
+""" .W $701
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July 2, 2019
ROADS IMPACT FEE - MAINLAND
Impact Fee
I, Land Use Type Unit of Measure Current Fee as of
(T is Fall nfor �-
`� I (This column for 11/01/2019)
I reference only)0
Per 1,000
Recreation Ffacility—All types sq+faFe feet 1 233
I
3e ReFaEFe'A 99 1 awl
c,9
Movie Ttheaters Per seat g, A9 A9 $133`�'` 3�B
The fee schedule shown in this table is subject to annual revision based upon the provisions of section 24-270.
Notes:
1. Income eligibility verification required. Deed restrictions required.
2. Income eligibility verification required. Deed restrictions required.
# This column is for reference only to current CPI adjusted impact fee rates.
* 2019'Calculated Fee' has been reduced to a maximum of 125% of 2018 fee.
+ Final Fee subiect to SLC Targeted Industry Program options User should consult with St. Lucie County for eligibility requirements.
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ROADS IMPACT FEE - NORTH ISLAND
Impact Fee
Land Use Type Unit of Measure o Current Fee
T r (as of Fall 2018) (as of-
n z d y Thismlumnfor 11/01/2019)
RESIDENTIAL
3 388 99 I $4,452.09 $4,053
4
I
$3,085..00 $3,512 i
Single -Family
of
Sinale-Family (<2.000 sf) & very low income':
Per Unit
Per Unit
2 383
Sinale-Family (<2,000 sf) & low income2:
2 904
Single Family <2,400 sf
Per Unit
4 001
Sinale-Family 2.400 — 3,499 sf
Per Unit
4 89
Sinale-Family >3.500 sf
Per Unit
4 963
PeF Wait
Multi -Family 1 and 2 floors:
PeF WAit
Multi -Family, Very Low Income':
Per Unit
2 242
Multi -Family. Low Income2:
Per Unit
2 732
Multi -Family, Less than 750 sf
Per Unit
3 030
Multi -Family. 750-1,499 sf
Per Unit
3 683
Multi-Family,1,500 sf or more
Per Unit
4 234
Multi-F#amily 3+floors:
PeFWa1t
c, c
$!,988.99
$2,172
Multi -Family, Very Low Income':
Per Unit
1 M
Multi -Family, Low Income2:
Per Unit
2 406
Multi -Family, Less than 750 sf
Per Unit
Per Unit
4cr ,
2 654
3 222
Multi -Family, 750-1,499 sf
Multi -Family, 1.500 sf or more
Per Unit
Per unit
4g4
85
3 712
1658
Mobile Home/RV Unit (park only)
Hotel/MfAotel
Bed and Bbreakfast Rfesidence (guest rooms)
All Oether Rfesidential
Per room
$4-286.00
$4,981.99
2 287
Per room
$2,"�
$3,009.00
3 036
Per unit
$3457-90
$3,549.00
S3,056
OFFICE AND -FINANCIAL
PeF + nn
Medical egiee 0 $1,210.00 $3,210.00 $1,378
SqUaFefee
GepeFal Oeffice all types) Per 1,000 c 0 $981 1226* +
squaFe feet
RETAIL TRADE
0 to 8.000 sa ft
Per 1,000 sa ft
107
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July 2, 2019
ROADS IMPACT FEE - NORTH ISLAND
Impact Fee
f Current Fee as of
j Land Use Type Unit of Measure ias o4 Tlw:
".(as of Fall 2018)
nn/n� (7hiscolumn for 11/03/2019)
relerenceonlypl
URdeF-8,001 to 30,000 100,00( squaFe f .'t ( Per 1,000 i $1,707 I 1950
square feet
30,001 to 100,000 so ft Per 1,000 sa ft " �° ti' $1,707 195
100,0091 to—499,999A88 square feet
Per 1,000
square feet
' —
,��e
Per 1,000
square feet
2 362
r`
500,000 or more square feet
GASOLINE -SERVICE
Gasoline purrs
Per pump service
$819.09
ro�9
S2.307
Gas Station w/Convenience Mkt <2,000 sg ft
position station
Gaseltae-pis
Per pump service
$a�
$
2 752
Gas Station w/Convenience Mkt 2,-2,999 sq ft
positionstatkw
Gaseline puseps
Gas Station w/Convenience Mkt 3.000+ sa ft
Per pump service
on statier♦
s
3 091
INDUSTRIAL
Per 1,000
Warehouse 00
square feet I� 96+
Tr.---r--k OFFAIRal Intermodal Distribution Center/ Per 1,000
g 322+
High -Cube Warehouse square feet
Per 1,W0
General Ilndustrial $4� 254+
- square feet
INSTITUTIONAL
Per 1,000
School —Elementary square feet $669.002541
chool—Middle/hi h 9 $645,00 735 2432
Fg
sPerle�t
Day Ccare Ccenter
Pe l,feet
C�•09
$677,86
821•
sqUaFe
Fraternal Qerganization
Per 1,000
squaFe feet
667i.09
cow
892
Hospital
PpFhpd
Per 1.000 sa ft
�
�
2162+
'—
Nursing 14ome
Per eF be sa ft
�0
�.90 $291 '
561
aeF 1,009SqUaFe feet
8
pror✓avv
RECREATIONAL
PeFaffe
96 99
�39C 99
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Ord 2019-12 Page 8
July 2, 2019
ROADS IMPACT FEE - NORTH ISLAND
Impact Fee
Land Use Type Unit of Measure T-Current Fee as of
(as of Fall 2018)
IThis column for 11/01/2019)
reference only)# l
Per 1,000
Recreation Ffacility—All types sgdafe feet $419 S528
GQlfo,�e $587 `
Movie T{heaters Per seat $34.00 $49.99 $56 142
The fee schedule shown in this table is subject to annual revision based upon the provisions of section 24-270.
Notes:
1. Income eligibility verification required. Deed restrictions required.
2. Income eligibility verification required. Deed restrictions required.
# This column is for reference only to current CPI adjusted impact fee rates.
* 2019 'Calculated Fee' has been reduced to a maximum of 125% of 2018 fee..
+ Final Fee subject to SLC Targeted Industry Program options User should consult with St. Lucie County for eligibility requirements.
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July 2, 2019
ROADS IMPACT FEE - FT. PIERCE ISLAND
Land Use Type Unit of Measure
RESIDENTIAL
Impact Fee
## Current Fee as of
(as of Fall 2018)
04j01/201$) +�� +/��^�� (This column for 11/01/2019)
reference onNW
Single -Family
Per -Wait
$2,964.99
$4,106.90
$4,676
Single -Family 1<2,000 sf) & very low income':
Per Unit
2 756
Single -Family (<2,000 sf) & low income2:
Per Unit
3 358
Single Family <2,400 sf
Per Unit
4 27
Single -Family 2,400 — 3,499 sf
Per Unit
5 655
Single -Family >3,500 sf
Per Unit
741
Per -wit
$3,589:A9
$2,50400
$2,851
Multi-FFfamily 1 and 2 floors:
PeFawit
$2,668.o9
$3,653.00
$4,158
Multi -Family, Very Low Income':
Per Unit
2 6 5
Multi -Family, Low Income2:
Per Unit
$3,234
Multi -Family, Less than 750 sf
Per Unit
3 588
Multi -Family, 750-1,499 sf
Per Unit
S4.361
Multi-Family.1,500 sf or more
Per Unit
sim
Multi-FFamily 3+floors:
Permit
$1,2W.00
$3 90&9A
$2,172
Multi -Family. Very Low Income':
Per Unit
1963
Multi -Family, Low Income2:
Per Unit
S2.406
Multi -Family, Less than 750 sf
Per Uni
laml
Multi -Family. 750-1,499 sf
Per Unit
gm
Multi-Family,1,500 sf or more
Per Unit
s2m
Mobile Home/RV Unit (Park Only)
Per unit
$2,851
JLM
Hotel/Mmtel
Per room
$3050.00
$3,984-A9
$4,536
S3,056
Bed and Bbreakfast Rfesidence (guest rooms)
Per room
$1,649-09
c-,�
$2,586
2 675
All Oether Rfesidential
Per unit
$256 90
$4,4Q& 0
$4,676
i 4 311
OFFICE AND FINANQA1.
AAn�TCQ1Gar n�CC
Pee 1,000
rCrTOv
squafe feet
Per 1,000 $66� 00 � 951* +
General Oeffice all t esl
squa+e feet f
RETAIL TRADE
0 to 8,000 so ft
Per 1.000 so ft $1,130.90
$1,S8S..00
$1,966
073
001 to 30 000100,000 squafe feet Per 1,000 $4�r
c, c
$1,966
1950
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Ord 2019-12 Page 10
July 2, 2019
ROADS IMPACT FEE - FT. PIERCE ISLAND
Impact Fee
Land Use Type
Unit of Measure
%f
Current Fee
as of
(a, of Fall 2018)
(Thl-1—for 11/01/2019)
ireference
on NM
squaFe feet
90,001 to 100,000 sa ft
Per 1,000 sa ft i $�
$1,585..00
$1,966 19 0
100,0091 to—499,999989 sgdaFe feet
sPer 1,000 squaFe feet
e
00
$1,804 I 2 352
1,000uafe $ � $ $1,75 r 2 352
500,000 or more squaFe feet Per
rGASOLINE SERVICES (per service position)
Gasoline pumps Per pump service C,r 239 nn c, -,� $1,402 y 2 307
7�'�
Gas Station w/Convenience Mkt <2,000 sq ft ion sfat+eR
Gasoline pumps Per pump service c, ,� r+,'� $1,402 2 7 2
Gas Station w/Convenience Mkt 2-2,999 sq ft 291ilLion station
Gaseline pumps Per pump service r+ ' r+,' $1,402 3 1
Gas Station w/Convenience Mkt 3,000+ sa ft position 4atiea
INDUSTRIAL
Warehouse Per 1,000 sgaaFe feet I $19;1:99 $+ G� 22 +
T-FWC c teFn;bnal Intermodal Distribution Center/ Per 1,000 $gig 99 ro� $366 354 +
7�w
High -Cube Warehouse squaFe feet
General Industrial Per 1,000 I SgaaFe feet $21270' +
INSTITUTIONAL
r Per 1,000
School —Elementary squaFe feet $464-ee 00 2541
r-Per 1,000
(School—Middle/high sgdaFefeet $� r"�9 2432
Day Ccare Lcenter Per 1,000 9 � 622•
squaFe feet
Fraternal 0erganization
Per 1,000squaFefeet
$4S4 99
8 2
Hospital
Per eF be so ft
cam
$fig
2162+
Nursing Hiaome
PpFhpd Per 1.000 sa ft
99
561
I:ibFaFy
�t
RECREATIONAL
?eF as;Fe
$114.09
$177.09
Recreation Facility —All types
Per package space
$149-99
$239.89
52
Gel€rQ-,Fse
PeFacfe
$259.99
$387-.9A
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Ord 2019-12 Page 11
July 2, 2019
ROADS IMPACT FEE - FT. PIERCE ISLAND
Impact Fee
Land Use Type Unit of Measure 4a6 f (aS4 Current Fee(as of Fall 21318) ! as of
(This wlumn for 11/01/2019)
referenceonlyM
Movie Ttheaters Per seat c'� $4-1-.88 $48 J 142
The fee schedule shown in this table is subject to annual revision based upon the provisions of section 24-270
Notes:
1. Income eligibility verification required. Deed restrictions required.
2. Income eligibility verification required. Deed restrictions required.
# This column is for reference only to current CPI adiusted impact fee rates — do not include in final adoption ordinance
+ 2019 'Calculated Fee' has been reduced to a maximum of 125% of 2018 fee.
+ Final Fee subject to SLC Targeted Industry Program options User should consult with St Lucie County for eligibility requirements
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Ord 2019-12 Page 12
July 2, 2019
ROADS IMPACT FEE - SOUTH ISLAND
Land Use Type
Land Use Type Land Use Type 5 g Current Fee
4
T� (as of Fall 2018) as of
g �n/fm� I7hiscowmn for 11/01/2019)
' reference onlyNl
RESIDENTIAL
Single -Family
Pef UR't
$3,093.99
$3,843.99
$4,374
Single -Family (<2,000 sf) & very low income':
Per Unit
2 578
Single -Family (<2,000 sf) & low income2:
Per Unit
3 142
Singie Family <2,400 sf
Per Unit
4 328
Single -Family 2,400 — 3,499 sf
Per Unit
290
Single -Family >3.500 sf
Per Unit
5 370
Ref-aRit
$ ,7s wog
�� ��� ��
$2,3Sreo
$2,675
Multi -Family 1 and 2 floors:
+t
$2,669.99
$, r.A9
$3,906
Multi -Family. Very Low Incomes:
Per Unit
2 493
Multi -Family. Low income2:
Per Unit
038
Multi -Family. Less than 750 sf
Per Unit
3 369
Multi -Family, 750-1,499 sf
Per Unit
4 096
Multi-Family.1.500 sf or more
Per Unit
Multi_F#amily 3+floors:
wit
$ ,'�$1,790.90
$2,038
Multi -Family, Very Low Income':
Per Unit
1842
Multi -Family. Low Income2:
Per Un
S2,257
Multi -Family, Less than 750 sf
Per Unit
_.,. ,.,,
2 490
Multi -Family. 750-1,499 sf
Per Unit
sam
Multi -Family 1,500 sf or more
Per Unit
S3,483
Mobile Home/RV Unit (park only)
Per unit
93,
9
$2,675
2 098
Hotel/Mfnotel
Per room
3 24699
$3,;E7A:99
$4,292
S2,313
Bed and Blareakfast Rfesidence (guest rooms)
Per room
$ ,739.00
$2,458
1 920
All Oether Rfesidential
Per unit
$,�8.gg
�62�,157
9�0�
$3,843.99
$4,374
$4,667
OFFICE AND FINANQA4
Mediea`~effice
PeF 1,999
SqUaFe feet
$1,g56,99
S1,95 99
$1,203
0effice 6eaerai it
I Per 1,000
sgaafe feet
c,
$867
1084* +
RETAIL TRADE
0 to 8,000 sq ft
Per 1,000 sq ft $4- �.99
$ ,'�:99 I $1,498
942
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Ord 2019-12 Page 13
July 2, 2019
ROADS IMPACT FEE - SOUTH ISLAND
Land Use Type
1 1.,. T.,.... I nn,4 I Icm T.,no Current Fee
�anu vac I ype ,f... tam of tas of (as of Fall 2018) d5 O
(Tnlscolumn for 11/01/2019)
I I referenceonly}a
r 1,000
13adeF-8,001 to 30,000 100,090 squaFe feet squaFe feet I $1,315.99 I c,� $1,498 1 711
30,001 to 100,000 sq ft Per 1,000 sq ft c,�90 $1,315.0o $1,498 i 1 711
100,0091 to-499,999900 squaFe feet Per 1,000 r, , $1,364.90 $1,55 S2,090
squaFe feet
C,
500,000 or more squaFe feet Per 1,000 squaFe feet A8 c, 99 $1,736 2 077
GASOLINE SERVICES (per service position)
Gasel+ae puR+ps
Per pump service
$,�99
$,�90
$1,644
4 070
Gas Station w/Convenience Mkt <2,000 sq ft
positionstatien
6aseiiae pumps
Per pump service44.00
c,�00
4 856
Gas Station w/Convenience Mkt 2-2.999 soft
spo ition statlea
Gasoline ps
Per pump service
MR,
Gas Station w/Convenience Mkt 3.000+ sa ft
position statieFr
INDUSTRIAL
Warehouse
Per 1,000
squaFe feet I
Cnn ,CC
.����-
277 +
Tr-rk tPrrAbnal Intermodal Distribution Center/
Per 1,000
$318Hiah-Cube
$459+89
655* +
Warehouse
squaFe feet
General Industrial
-
Per 1,000
squaFe feet
$11 �
7rT 4
c�
10
345* +
ti:
INSTITUTIONAL
School -Elementary
Per 1,000
squaFe feet
$631
:
$2,197
Per 1,000
squaFe feet
i
$619.00
$S60.00
2 105
School-Middle/high
Day Ccare Ccenter
Per 1,000 squaFe feet
$SO4.00`09
718*
Per 1,000
9
780
Fraternal Oarga n i zatio n
squaFe feet
FHospital
PeF bed
Per 1,000 sq ft
$962-:99
c+,'w
f $1,423 1872+
NursingH ome
PeFbed
c+�
c,�
$272
525
Per 1,000 s0 aft
UbFaPt
PeF 1,999
feet
$1,666.99
$1,897
squaFe
lwdrolkl. ,,�?
RECREATIONAL
peFaeFe
$2;&99
$314
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Ord 2019-12 Page 14
July 2, 2019
ROADS IMPACT FEE - SOUTH ISLAND
Land Use Type
I
1 Land Use Type Land Use Type Current Fee as of
(as of Fall 2018)
(Thiscolumnfor 11/01/2019)
rete ence only)fl
Recreation Ffacility—All types Per Parking Space t' A9 456
Golf 60a+se PeF aeFe 3 99 $444.99
Movie Ttheaters Per seat $,nM c" -.W JIM S121
The fee schedule shown in this table is subject to annual revision based upon the provisions of section 24-270
Notes:
1. Income eligibility verification required. Deed restrictions required.
2. Income eligibility verification required. Deed restrictions required.
# This column is for reference only to current CPI adjusted impact fee rates — do not include in final adoption ordinance
* 2019 'Calculated Fee' has been reduced to a maximum of 125% of 2018 fee.
+ Final Fee subject to SLC Targeted Industry Program options User should consult with St. Lucie County for eligibility requirements.
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July 2, 2019
(b) 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.
(c) If the type of development activity for which a building permit is applied is not specified on the above fee
schedule, the county administrator shall use the fee applicable to the most nearly comparable type of
land development on the above fee schedule. The county administrator shall be guided in the selection
of a comparable type by Florida Department of Transportation (FDOT) and/or Institute of Transportation
Engineers (ITE) traffic generation statistics. If the county administrator determines that there is no
comparable type of land use on the above fee schedule, then the county administrator shall determine
the fee by:
(1) Using traffic generation statistics contained in the latest edition of the Institute of Transportation
Engineers "Trip Generation: An Information Report," or trip generation statistics supplied and
certified by a registered state professional engineer;
(2) Using for average trip length the average trip length of all average trip lengths for the applicable land
use type as set out in this article (i.e., residential, office and financial, industrial, recreational,
institutional, retail) that were used in calculating the above fee schedule;
(3) Using as a percent new trips the average percent new trips for the applicable land use type (i.e.,
residential, office and financial, industrial, recreational, institutional, retail) that were used in
calculating the above fee schedule; and
(4) Applying the formula set forth in subsection (f) of this section.
(d) The county administrator shall determine the applicable land use type.
(e) In the case of a change of use, redevelopment, or modification of an existing use which requires the
issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or
zoning compliance certificate, the impact fee shall be based upon the net increase in the impact fee for
the new use as compared to the previous use. The ty adMi.,.S+.. teF shall be guided ., +";S
peFm
ceFtifeeate, then the impaet fee caleulated- shall -he based upen the new use with aR adjustment f9F aW7'
(f) If the feepayer shall opt not to have the impact fee determined according to subsection (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 24-266, prepared by the feepayer
and submitted to the county administrator or his designee.
(g) 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 land mile.
• Right-of-way cost = New land miles x Right-of-way cost per lane mile.
• Total cost = Construction cost + Right-of-way cost.
• Net cost = Total cost —Offsets.
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• Impact fee = Net.
(Code 1982, § 1-17-29; Ord. No. 85-10, pt. A, 11-12-1985; Ord. No. 87-58, pt. A, 8-25-1987; Ord. No. 89-66, pt. A, 11-13-1989; Ord. No. 93-002,
pt. A, 2-16-1993; Ord. No. 95-12, pt. A, 6-27-1995; Ord. No. 95-038, pt. A, 9-19-1995; Ord. No. 97-017, pt. A, 9-23-1997; Ord. No. 00-004, pt. A,
5-9-2000; Ord. No. 05-030, pt. I, 9-6-2005; Ord. No. 09-022, pt. C, 12-15-2009)
Sec. 24-259. - Payment of fee.
(a) The feepayer shall pay the fee to the county administrator at any time prior to the issuance of a
building permit or electrical permit for a recreational vehicle park or mobile home park. The feepayer
shall pay a roads impact fee.
(b) In lieu of all or part of the roads 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 county comprehensive plan or in the metmpelitan st. lucie transportation planning
organization roads impaet fee eligibility long range transportation plan (needs plan) netweFks or
appropriate to the implementation thereof. Such construction must be in addition to any road
improvements required pursuant to other ordinances. In addition, the construction, dedication or
acquisition of right-of-way must only be for purposes as set out in section 24-261. The developer shall
submit a cost estimate certified by a registered state 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 or other appropriate governmental entity acceptable to the county commission for
maintenance or when adequate security for the completion of the construction has been provided.
(c) In the event the developer proposes to dedicate or acquire right-of-way, the provisions of section 24-
260(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.
(d) If roads 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.
(Code 1982, § 1-17-30; Ord. No. 85-10, pt. A, 11-12-1985; Ord. No. 87-2, pt. A, 8-25-1987; Ord. No. 93-002, pt. A, 2-16-1993; Ord. No. 95-12, pt.
A, 6-27-1995; Ord. No. 00-004, pt. A, 5-9-2000; Ord. No. 05-030, pt. J, 9-6-2005)
Sec. 24-260. - Alternative collection mechanism.
In the event the roads impact fees are not paid prior to the issuance of a building permit because of mistake
or inadvertence or in the event a municipality has not agreed to assist in the collection of those road impact
fees imposed within municipal boundaries, the county shall proceed to collect the roads impact fees as follows:
(1) The county shall serve, by certified mail, return receipt requested, an impact fee statement notice
upon the feepayer at the address set forth in the application for a building permit, and the owner at
the address appearing on the most recent records maintained by the property appraiser of the
county. The county shall also attach a copy of the impact fee statement notice to the building permit
posted at the site of the land development activity if construction has commenced. Service of the
impact fee statement notice shall be deemed notice that the impact fees are due and service shall
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July 2, 2019
be deemed effective on the date the return receipt indicates the notice was received by either the
feepayer of the owner of the property, whichever occurs first. The impact fee statement notice shall
contain the legal description of the property and shall advise the feepayer and owner as follows:
a. The amount due and the general purpose for which the roads impact fees were imposed.
b. That a hearing before the board of county commissioners may be requested within 30 calendar
days from the receipt of the impact fee statement notice, by making application at the office of
the county administrator.
c. That the roads impact fees shall be delinquent if not paid and received by the county within 60
calendar days of the date the impact fee statement notice was received, excluding the date of
receipt, or if a hearing is not scheduled and, upon becoming delinquent, shall be subject to the
imposition of a delinquent fee and interest on the unpaid amount until paid.
d. That in the event the roads impact fees become delinquent a lien against the property for which
the building permit was secured shall be recorded in the official records of the county.
(2) The roads impact fees shall be delinquent if, within 60 calendar days from the date of the receipt of
the impact fee statement notice by either the feepayer or the owner or the date said notice was
attached to the building permit, neither the roads impact fees have been paid and received by the
county nor a hearing requested. In the event a hearing is requested within the time period allowed,
the roads impact fees shall become delinquent if not paid within 30 calendar days from the date the
board of county commissioners determined the amount of road impact fees due upon the conclusion
of such hearing. Upon becoming delinquent, a delinquency fee equal to ten percent of the total road
impact fees imposed shall be assessed. Such total roads impact fees, plus the delinquency fee, shall
bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid.
(3) Should the roads impact fees become delinquent, as set forth in this section, the county shall serve,
by certified mail, return receipt requested, a notice of lien upon the delinquent feepayer at the
address indicated in the application for a building permit and upon the owner of the property at the
address appearing on the most recent records maintained by the property appraiser of the county.
The notice of lien shall notify the delinquent feepayer and owner that due to their failure to pay the
road impact fees, the county shall file a claim of lien with the clerk of the circuit court.
(4) Upon mailing the notice of lien, the county attorney shall file a claim of lien with the clerk of the
circuit court for recording in the official records of the county. The claim of lien shall contain the legal
description of the property, the amount of the delinquent impact fees and the date of their
imposition. Once recorded, the claim of lien shall constitute a lien against the property described
therein. The county attorney shall proceed expeditiously to collect, foreclose or otherwise enforce
said lien.
(5) After the expiration of one year from the date of recording the claim of lien, as provided herein, a
suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted
and enforced in conformity with the procedures for the foreclosure of municipal special assessment
liens, as set forth in F.S. §§ 173.04-173.12, which provisions are hereby incorporated herein in their
entirety to the same extent as if such provisions were set forth herein verbatim. Attorney's fees and
costs incurred by the county in the foreclosure proceedings shall be recoverable.
(6) The liens for delinquent roads impact fees imposed hereunder shall remain liens, coequal with the
liens of all state, county, district and municipal taxes and superior in dignity to all other liens and
claims, until paid.
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(7) The collection and enforcement procedures set forth in this section shall be cumulative with,
supplemental to, and in addition to, any applicable procedures provided in any other ordinances or
administrative regulations of the county or any other applicable law or administrative regulation of
the state. Failure of the county to follow the procedure set forth in this section shall not constitute
a waiver of its rights to proceed under any other applicable procedure.
(8) In the event that the property for which the building permit is issued is located within a municipality
that has not agreed to assist in the collection of the road impact fee, a feepayer that pays the road
impact fee directly to the county prior to the receipt of an impact fee statement notice shall be
entitled to a ten percent reduction in the amount of the road impact fee due.
(9) In the event that the alternative collection mechanism contained herein is utilized by the county to
collect the delinquent roads impact fee and that collection procedure results in an inequitable
burden as a result of the particular terms and provisions of the construction or loan contract of the
feepayer, then such feepayer may petition the county administrator for relief. The county
administrator may make such adjustments to the collection process to address such adverse impacts
resulting from the use of the alternative collection procedure. The feepayer shall have a right of
review of the decision of the county administrator to the board of county commissioners.
(Code 1982, § 1-17-30.1; Ord. No. 05-030, pt. L, 9-6-2005)
Sec. 24-261. - Use of funds and road benefit zones.
(a) There is hereby created the Mainland Road Benefit Zone, the North Island Road Benefit Zone, the Fort
Pierce Island Road Benefit Zone, and the South Island Road Benefit Zone. The boundaries of the various
benefit zones are as depicted in revised Figure 1.
(b) All funds collected from roads impact fees shall be used solely for the purpose of capital improvements
or enhancements to transportation facilities associated with the arterial and collector road network of
the county as identified in the county's comprehensive plan or the comprehensive plans of the City of Fort
Pierce, City of Port St. Lucie, St. Lucie Village or by the FDOT s1a*^ ^d ^^+;f;^a ,.,.+h... the +^^h.,-
+ d , d data d ,high ;s iReeFp9Fated by Fe feFenee. Roads impact fees shall not be used for
maintenance or operation purposes. Such improvements shall be of the type as are made necessary by
the new development.
(c) Except as provided in subsection (d) of this section, all funds shall be used exclusively for identified road
capital improvements within the road benefit zone from which the funds were collected or for projects in
adjacent road benefit zones which are of direct benefit to the road benefit zone from which the funds
were collected. Funds shall be expended in the order in which they are collected. For purposes of this
article, the road benefit zones shall be as depicted in revised Figure 1.
(d) Each July the county administrator shall present to the board of county commissioners a proposed capital
improvement program for roads on the arterial and collector road network of the county, assigning funds,
including any accrued interest, from the several special revenue funds to specific road improvement
projects and related expenses. Monies, 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.
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July 2, 2019
(e) The collecting governmental entity shall be entitled to retain not more than four percent of all impact fee
funds it collects to offset the actual costs of administering and enforcing this article.
(Code 1982, § 1-17-31; Ord. No. 85-10, pt. A, 11-12-1985; Ord. No. 87-2, pt. A, 8-25-1987; Ord. No. 93-002, § 1, 2-16-1993; Ord. No. 95-038, pt.
A, 9-19-1995; Ord. No. 98-021, pt. A, 10-20-1998; Ord. No. 00-004, pt. A, 5-9-2000; Ord. No. 05-030, pt. K, 9-6-2005; Ord. No. 05-037, pt. B, 30-
11-2005; Ord. No. 09-022, pt. D, 12-15-2009)
Sec. 24-262. - Refund of fees paid.
(a) If a building or an electrical permit for a mobile home park or recreational vehicle park expires and no
certificate of occupancy has been issued, 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, plus interest based on the
local government surplus funds trust fund (Florida PRIME), except that the county and collecting
government entity, if not the county, shall retain four percent of the fee retained by the county and
collecting government entity. In order to receive a refund from impact fees paid on or after the
effective date of the ordinance from which this article is derived, the request must be made within
three years of when the permit expired.
(b) Any funds not expended or encumbered by the end of the calendar quarter immediately following ten
years from the date the roads impact fee was paid shall, upon application of the feepayer, be returned
to him with interest based on the Local government surplus funds trust fund (Florida PRIME).
(Code 1982, § 1-17-32; Ord. No. 85-10, pt. A, 11-12-1985; Ord. No. 00-032, pt. A, 9-19-2000; Ord. No. 14-010 , pt. A, 4-1-2014)
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Ord 2019-12 Page 20
July 2, 2019
Sec. 24-263. - Exemptions.
The following shall be exempted wholly or in part from payment of the roads impact fee:
(1) 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.
(2) The construction of accessory buildings or structures which will not produce additional vehicular
trips over and above that produced by the principal building or use of the land.
(3) 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.
(4) 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 50 percent of the building construction was completed based on the last
inspection.
(5) Any claim of exemption must be made no laterthan the time of application for a building permit
or electrical permit for a mobile home. Any claim not so made shall be deemed waived.
(Code 1982, § 1-17-33; Ord. No. 85-10, pt. A, 11-12-1985; Ord. No. 87-2, pt. A, 8-25-1987; Ord. No. 88-3, pt. A, 1-12-1988)
Sec. 24-264. - Credits.
(a) Scope. Any person who shall commence any traffic impact -generating land development activity may
apply for a credit against the required road impact fee for any contribution, construction, or dedication
of land made by such person or predecessor in interest and accepted and received by the 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, an application may be made for
credit for any contribution, construction or dedication made in the county as required by a development
order issued by the county, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant
to its local development regulations or F.S. § 380.06, or any additional development condition imposed
by the state 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 road impact fee.
(b) General standards.
(1) 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 eeumy metFOP91itan st. lucie transportation planning organization
long range transportation plan (needs plan) Ret k, 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 roads impact fee
credit, the final amount of the credit shall be determined upon the submission of a request for roads
impact free credit and the entering into of a formal roads impact fee credit agreement.
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July 2, 2019
(2) Prior to the issuance of any credits against the roads 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. The following provisions are the general
rules for the award of credit, supplemented as provided in this section and implemented by the
administrative procedures:
a. 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 otherthan roads.
b. 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.
C. No credit shall exceed the amount due for the roads impact fee.
d. No credit shall be given for dedications and transportation improvements dedicated or
constructed before February 1, 1985. Any claim for credit for those 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 rzeunty Me4epelitan st. lucie
transportation planning organization Feads impaer fee eligibi" • long range transportation plan
(needs plan) netweFl(s. 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 transportation planning organization Feads impact fee eligibility long range transportation
plan (needs plan) netweFks.
(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 appropriate technical documentation that the site related
improvement or right-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 development order to any adjacent impact fee eligible 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.
(3) Safety -related improvements. Safety -related improvements which do not increase road capacity
shall receive no credit.
(4) Operational improvements. Non -site related operational improvements shall receive credit to the
extent that they provide increased capacity.
(5) Capacity improvements. Non -site related capacity enlargements shall receive credit to the extent
that they provide increased capacity.
(6) Right-of-way dedication.
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July 2, 2019
a. Credit for the dedication of non -site related right-of-way shall be valued at 120 percent of the
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 fee -payer
to the county at the request of the county. For the purposes of this section, the year of the
assessed value that is to be used to determine the credit value shall be the year prior to the
county's, or other unit of local governments, granting of a development order, including
changes in zoning, changes in land use, or site plan approvals where such action results in the
request for non -site related right-of-way. 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 24-267, 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. At the option of the board, the board
may request a review appraisal, as described in section 24-268; provided that in the event the
value established by the independent appraisal exceeds 120 percent of the assessed value by
more than 25 percent, 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 subject to review of methodology and technical accuracy at the discretion
of the county administrator.
b. In the event a property owner determines to donate, and the county determines to accept, non -
site related right-of-way for any planned nonexisting roads or expansion of existing impact fee
eligible roadways as described in section 24-26O(c)(1) to the county in advance of any
application for final development order approval, the board of county commissioners shall
determine the value of the credit for the dedicated right-of-way on the date the dedicated right-
of-way was provided. 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.
(7) Application procedure. Applicants for credit for construction of non -site 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.
(8) Acquisition by purchase or condemnation.
a. In the event a developer is required as a condition of a final development order to acquire off -
site right-of-way along impact fee eligible roadways as described in section 24-26O(c)(1), the
developer shall first obtain an independent property appraisal as described in section 24-267
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and provide the county administrator with a copy of the appraisal. The county administrator
may obtain a review appraisal as described in section 24-268.
b. Except as provided below, credits for right-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
right-of-way for appraised value or lower, the board may:
1. 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;
2. Authorize the condemnation of the parcels; or
3. Deny the request for additional credits.
(9) Time of claim; waiver. Except as provided in subsection 24-260(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.
(Code 1982, § 1-17-33.1; Ord. No. 87-2, pt. A, 8-25-1987; Ord. No. 88-34, pt. B, 7-5-1988; Ord. No. 92-05, pt. A, 1-23-1992; Ord. No. 93-002, pt.
A, 2-16-1993; Ord. No. 95-012, pt. A, 6-27-1995; Ord. No. 00-004, pt. A, 5-9-2000; Ord. No. 08-006, pt. A, 7-8-2008)
Sec. 24-265. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
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 F.S. § 334.03.
Expansion of the capacity of a road includes any widening, intersection improvement, signalization or
other capital improvement designed to increase the road's capacity.
Feepoyer means a person commencing traffic generating land development activity covered by this
article.
Generation of traffic includes 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.
Level of service means an 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 county comprehensive plan.
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.
Unit for residential, hotel and motel uses means each entity of occupancy within a building and not the
entire building.
(Code 1982, § 1-17-34; Ord. No. 85-10, pt. A, 11-12-1985; Ord. No. 88-34, pt. A, 7-5-1988; Ord. No. 92-05, pt. B, 1-23-1992; Ord. No. 93-002, pt.
A, 2-16-1993; Ord. No. 95-12, pt. A, 6-27-1995)
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Design Type
Average Daily Trips
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 fortravel during the first quarter of the calendar year.
c. In lieu of being based on the table in subsection (4)(b) of this section, 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 shall be
referenced.
d. 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 1,200 vehicles per hour.
e. The ITS shall cover the radius of development influence of a proposed development, which shall
include an area of five 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.
f. Background traffic shall be taken into account as follows:
1. 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.
2. Phasing of previously approved projects may be considered in the analysis of background
traffic.
g. Future traffic shall be taken into account as follows:
1. 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 20-year period for through movements and for total
buildout of potential developments.
2. The current land use element of the county comprehensive plan in conjunction with the
current zoning designations should be utilized to estimate the traffic impact from potential
developments affecting the radius of development impact.
h. 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
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the board of county commissioners or the legislature of the state for the particular road or road
improvements.
i. The ITS shall identify all roadway improvements necessitated by projected traffic and the
percent impact of the traffic of the projected increased traffic demand by link for each required
improvement not included under subsection (4)(h) of this section.
j. The ITS shall also identify the costs of all link improvements required by projected traffic in the
ITS.
k. The ITS shall identify the impact fee by multiplying the cost by link as identified in subsection
(4)(j) of this section by the percentage of impact traffic as determined in subsection (4)(i) of this
section.
I. The impact fee shall be computed as set forth in section 24-258.
m. The ITS shall be prepared and sealed by a registered state professional engineer.
n. Studies and analyses required by this section shall be subject to review of methodology and
technical accuracy by the county administrator.
(Code 1982, § 1-17-35; Ord. No. 93-002, pt. A, 2-16-1993)
Sec. 24-267. - Independent property appraisal.
If the feepayer shall opt not to have the value of any right-of-way dedication determined as set out in
section 24-2604(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 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 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:
a. Names of apparent owner of each interest being evaluated.
b. Location of property.
c. Total area of property in acres or square feet.
d. Area of each interest in property being acquired in acres or square feet.
e. A minimum of five 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.
(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
premises 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. In determining highest and best use, the appraiser shall
not consider any development approvals granted subsequent to the date of valuation.
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(5) 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.
(6) 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.
a. 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.
b. Where the income (capitalization) approach is used, there must be documentation to support
the income, expenses, interest rate, capitalization rate, discount rate, and 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.
C. 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.
(7) 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.
b. 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.
d. Public sales of comparable lands by the state or other public agencies.
e. In the event the data described in subsections (7)a through (7)d of this section are not available,
the appraisal will so state and give the appraiser's reasoning for his value estimate.
(8) 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.
(9) More than one approach used. Where two 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.
(10) 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.
(11) 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.
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a. 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.
b. 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 data should include identified photographs of all principal above
ground improvements or unusual features affecting the value of the comparable.
(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) Date of valuation. The effective date to which the valuation applies. The date of valuation must be
prior to the date of any development approvals for the subject property, including rezonings, land
use changes and site plan approvals that resulted in the request for impact fee credits.
(15) Limiting conditions. Statement of appropriate contingent and limiting conditions if any.
(16) Certification and signature. The certification, signature and date of signature of the appraiser.
(Code 1982, § 1-17-36; Ord. No. 93-002, pt. A, 2-16-1993; Ord. No. 08-006, pt. B, 7-8-2008)
Sec. 24-268. - 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
120 percent of the assessed value by more than 25 percent, the board shall require a review appraisal. A review
appraisal shall comply with the following procedures:
(1) 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.
(2) The reviewing appraiser will examine the appraisal reports to determine that they:
a. Comply with the provisions of this section.
b. 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/orjust compensations identified therein.
d. Include consideration of compensable items, damages and benefits, but do not include
compensation for items, damages and benefits noncompensable under state law.
e. 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.
f. 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.
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(3) 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.
(4) 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.
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 years.
d. Location, zoning or present use of subject property or comparables.
(5) The reviewing appraiser will initial and date his corrections and/or factual data supplements to an
appraisal report.
(6) The reviewing appraiser will submit a signed and dated statement setting forth:
a. His estimate of just compensation including, where appropriate, his allocation of compensation
forthe 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 appraisals.
b. 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 no 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.
(7) 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.
(Code 1982, § 1-17-37; Ord. No. 93-002, pt. A, 2-16-1993)
Sec. 24-269. - Appeals.
(a) Any decision made by the county administrator in the course of administering the provisions of this
article may be appealed to the board of county commissioners by filing a petition of appeal within 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 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 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.
(c) 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.
(Code 1982, § 1-17-38; Ord. No. 93-002, pt. A, 2-16-1993)
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Sec. 24-270. - Review.
(a) The roads impact fee shall be adjusted by the county administrator in April of each calendar year.
Unless otherwise directed by the board, any adjustments to the roads impact fee made pursuant to
this section shall be based on the methodology described in subsection (b) of this section and shall be
effective the first Monday in October of each calendar year.
(b) The base for computing the adjustment is the Consumer Price Index -All Urban Consumers (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 beginning index). If the index published nearest the
adjustment date (the extension date) has increased over the beginning index, the fee for the following
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 beginning index.
(c) If the index is changed 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 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.
(d) The board of county commissioners and shall review the roads impact fee at least once everyfive years
from the effective date of the ordinance from which this article is derived (October 1, 2000).
(Code 1982, § 1-17-39; Ord. No. 85-10, pt. A, 11-12-1985; Ord. No. 93-002, pt. A, 2-16-1993; Ord. No. 95-12, pt. A, 6-27-1995; Ord. No. 98-021,
pt. A, 10-20-1998; Ord. No. 00-004, pt. A, 5-9-2000)
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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 circumstances, such holding shall not affects 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 area
even in the absence of interlocal agreements with the affected municipalities.
PART E. FILLING 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, Tallahassee, Florida 32304.
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PART F. EFFECTIVE DATE; TERMINATION.
This ordinance shall take effect November 1, 2019.
PART G. 2019 CPI ADJUSTMENT.
As part of the adoption and effective implementation of this ordinance the 2019 annual CPI adjustment
referenced in section 24-270 shall be deemed addressed through this general revision to the county roads
impact fee schedules Beginning in 2020, the annual CPI reviews shall recommence until the next scheduled
review of the impact fees tables described in this Ordinance.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Linda Bartz, Chair
AYE
Cathy Townsend, Vice -Chair
AYE
Chris Dzadovsky, Commissioner
AYE
Frannie Hutchinson, Commissioner
AYE
Sean Mitchell, Commissioner
AYE
PART I. CODIFICATION.
Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be
changed to "section", "article" or other appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided, however, that Parts B to I shall not be
codified.
PASSED AND DULY ADOPTED this 2"d day of July, 2019.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY
CLERK BY: CHAIR
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APPROVED TO FORM AND CORRECTNESS
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July 24, 2019
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Brittany Jones
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 2019-12, which was filed in this office on July 24,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
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