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Home My WebLink About19-288JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4663209 01/16/2020 08:11:00 AM OR BOOK 4370 PAGE 1666 - 1678 Doc Type: RESO RECORDING: $112.00 RESOLUTION 2019-288 A RESOLUTION REPEALING RESOLUTION 86-18 AND ADOPTING AN UPDATED IMPACT FEES ADMINISTRATIVE PROCEDURES MANUAL ADDRESSING THE PROCEDURES AND PROCESSES TO BE FOLLOWED IN THE COLLECTION AND IMPLEMENTATION OF THE COUNTY'S IMPACT FEE PROGRAM WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On January 28, 1986, the Board approved resolution 86-018 approving the St. Lucie County Roads Impact Fees Administrative Procedures Manual addressing the procedures and processes to be followed in the collection and implementation of the County's Roads Impact Fee Program, as approved in 1986. 2. Since 1986, the County has adopted additional impact fees for educational facilities, parks, libraries, public buildings, law enforcement and fire/ems services, the regulating ordinances for which are found in Chapter 24 of the St. Lucie County Code. 3. This Board is desirous of amending the existing St. Lucie County Roads Impact Fees Administrative Procedures Manual addressing the procedures and processes to include all of the County's Impact Fee Programs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the attached Amended St. Lucie County Impact Fee Administrative Procedures for the purpose of providing direction to staff and any municipality participating in the administration of St. Lucie County's Impact Fee Program. 2. Resolution 86-018 is hereby repealed through the adoption of this updated Impact Fee Administrative Procedures Manual. 3. The attached St. Lucie County Impact Fee Administrative Procedures are hereby adopted effective December 17, 2019. After motion and second the vote on this resolution was as follows: Chair Cathy Townsend Vice -Chair Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson Passed and duly adopted this 17th day of December, 2019. ATTEST: 14 co s � M CO �COLNTY, FLO��q� AYE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHA APPROVED AS TO FORM AND CORREC ESS kw) COUNTY A' ST LUCIE COUNTY IMPACT FEE ADMINISTRATIVE PROCEDURES A. INTENT The following guidelines and procedures are intended to provide guidance to staff in administering the various County assessed Impact Fees identified in Chapter 24 of the St. Lucie County Code. Terminology used herein corresponds to the definition of words or phrases as defined in the various County assessed impact fees identified in the St. Lucie County Code. B. IMPOSITION OF IMPACT FEE 1. Feepayer. Any person who, after the effective date of any lawfully enacted, or amended, impact fee, as set forth in Chapter 24 of the St. Lucie County Code, seeks to develop land by applying forthe issuance of a building permit or an initial concurrency certificate which will generate additional impact shall be required to pay the applicable impact fees in the manner and amount set forth in the various County applicable Impact Fee Ordinances as identified in Chapter 24 of the St. Lucie County Code. 2. Payment Due. All required impact fees must be paid prior to the issuance of a building permit, or an electrical permit for a mobile home or recreational vehicle, for an activity requiring payment of an impact fee. Payment shall be made in the form of cash, personal check, cashier's check, credit-card (plus an added service charge to cover fees) or money order payable to the issuing agency. Determination of Fee. The amount of the impact fee due shall be determined by the Planning and Development Services Director as the designee of the County Administrator. The Planning and Development Services Director shall determine the amount of the fee based on the fee schedules set forth in the various County impact fees identified in Chapter 24 of the St. Lucie County Code, as may be adjusted annually through the CPI adjustment process described in those ordinances, an administrative determination of the fee to be applied;, or an Independent Study as provided for by those ordinances. 4. Expiration of Building Permits. If a building permit expires and no construction has commenced, then the feepayer shall be entitled to a refund of the impact fee which was paid as a condition for its issuance. If such a refund has been received by the feepayer, and a new building permit, or an electrical permit for a mobile home or recreational vehicle is applied for, the feepayer must pay the appropriate impact fee in affect at that time. Conversely, if a building permit expires and no refund has been issued, and a new building permit, or an electrical permit for a mobile home or recreational vehicle is applied for, thefeepayerwill still pay the appropriate impact fee in affect at that time, less the amount of the fees previously paid and not refunded. A refund of the impact fees paid shall not be granted if the building permit expires, but construction has commenced, as confirmed through the completion of one or more successfully completed required inspection(s). If the applicant reapplies for a building permit for the same property and the impact fee has increased, he/she will be charged an impact fee equal to the difference between the current impact fee and original impact fee. C. DETERMINATION OF FEE BASED ON FEE SCHEDULE 1. Land Use Categories. Except as provided herein, the amount of impact fees assessed to a project shall be determined by the fee schedule set forth in the various County assessed impact fees identified in Chapter 24 of the St. Lucie County Code, and as may be adjusted annually through the CPI adjustment process described in those ordinances or any other approved update to those fee schedules. If the type of development activity proposed for permitting is not specified in the fee schedule or in Exhibit C, attached, the Planning and Development Services Director shall use the fee applicable to the most nearly comparable type of land use on the published fee schedule. If it is determined that there is no comparable type of land use on the fee schedule, the Planning and Development Services Director may determine the fee administratively as provided for in the various County assessed impact fees identified in Chapter 24 of the St. Lucie County Code and these Administrative Procedures. 2. Gross Floor Area. a. Residential Unless otherwise identified in the fee schedules set forth in the various County assessed impact fees identified in Chapter 24 of the St. Lucie County Code, the amount of the impact fee to be assessed for residential development shall be based on the gross floor area of the home or residential unit. The area of a detached single -family dwelling unit shall be measured from the outer perimeter of the primary walls of the residential structure or use. Attached garages, or areas that may be commonly associated as serving the function or use of an attached garage, that are located under the main roofing structure of the single-family dwelling unit, are to be included as part of the gross area included for impact fee area computation. In the case of residential units with two (2) or more floors, each floor area shall be computed and included in the gross floor area computation. The area of an attached multi -family dwelling unit shall be measured from the outer perimeter of the primary walls of the individual residential unit, except that in the case of a common wall condition, the common wall measurement shall be midpoint of the shared wall between the unit(s). Porches roofed patio areas or similar use areas, that are open to the outside on one or more wall sides shall not be considered to be a part of the area subject to impact fee calculation. b. Non-residential The amount of the impact fee for non-residential development shall be based on gross floor area (not leasable or net floor area), number of parking spaces, or number of students, or as may be specified in the fee tables of the various impact fee categories set forth in Chapter 24 of the St. Lucie County Code . Gross floor area refers to the total area of all floors of a building as measured to the outside surface of exterior walls and including halls, stairways, elevator shafts, attached garages, porches and balconies that area under roof and seen to be extensions of the primary buildings outer walls. If there is any outside seating area for a restaurant or similar use (whether under roof or not) or outside display area for retail uses (under roof), those square footages shall be included in the total square footage for impact fee calculation. 3. Mixed Use Development. If a development includes both residential and non-residential land uses, the impact fees are to be assessed for each use based on the fee schedule and the method of computation described above. In some cases, feepayers may suggest that the total impact fee should be reduced to account for internal trips or other shared interactions between residential and non-residential land uses. While there are no provisions in the Impact Fee Ordinances for such a reduction the feepayer has the option of completing an Independent Impact Fee Assessment as set forth in the various impact fee categories identified in Chapter 24 of the St. Lucie County Code. 4. Mixed Use Structures. Distinguishing from a "Mixed Use Development" (as described above), in many instances, a particular structure may include auxiliary uses associated with the primary land use. For example, in addition to the actual production of goods, manufacturing facilities usually also have office, warehouse, research and other associated functions. The impact fee generally should be assessed based on primary land use. If the feepayer can document to the satisfaction of the Planning and Development Services Director that a secondary land use activity accounts for over 25 percent of the gross floor area of the structure, then the impact fee may be assessed based on the disaggregated square footage of the primary and secondary land uses. Shell/Foundation Permit. Developers will often apply for a building permit to construct the "shell" or the foundation" of a building. In the case of a shell permit, remodeling permits would be issued later to finish construction of the interior of the structure. The impact fee shall be paid prior to the issuance of the building permit for construction of the shell or foundation. The amount of the fee should be based on the intended land use (as described by the developer). If the intended land use is not known, the impact fee shall be assessed based on that land use which generates the greatest traffic impact and is allowed under the existing zoning for the lot or parcel. If it is found during review of the application for a remodeling that the actual land use differs from the intended land use (as described by the developer), a determination shall be made as to whether or not an additional impact fee is due based on the procedures for Change of Use. If so, the additional impact fee shall be paid prior to the issuance of a new building permit for the shell. In the case of a Targeted Industry, approved for Impact Fee Mitigation, a foundation permit may be issued prior to payment. 6. Change of Use. In the case of a change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit or electrical permit for a mobile home or recreational vehicle, 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 amount of the impact fee that is due as a result of the change in land use shall be determined at the time that the feepayer applies for the required building or electrical permit. The impact fee shall be paid prior to the issuance of a building permit for construction or remodeling or the electrical permit for the mobile home or recreational vehicle. If the change of land use does not require the issuance of a building permit, then there shall be no requirement to pay an impact fee. The Planning and Development Services Department shall calculate the impact fee due to a change in use using the attached Roads Impact Fee Calculation Form: Change of Use. Under no circumstances will a refund of the impact fee be granted for change of use. 7. Auxiliary (Accessory) Use. No fee shall be assessed for auxiliary (accessory) land uses, such as a clubhouse or tennis court in an apartment complex or a restaurant or gift shop in a hotel/motel, unless it can be clearly established by the Planning and Development Services Director that the land use (or activity) serves as an individual attraction. 8. House Move. No fee shall be assessed for a house move originating within St. Lucie County. 9. Mobile Homes and Recreational Vehicles. When a person applies for an electrical permit for a mobile home or a recreational vehicle, prior to the issuance of that electrical permit he or she shall be required to pay an impact fee in accordance with applicable fee tables as set forth in the various impact fee categories found in Chapter 24 of the St. Lucie County Code. If it is determined that, prior to February I, 1986, a mobile home or recreational vehicle or other dwelling unit (having an equal or higher impact fee) existed on that lot, parcel, space, or pad, then no impact fee shall be assessed. If prior to February 11986, there existed a dwelling unit which had an impact fee, lower than that for mobile homes or recreational vehicles, then the structure may be subject to an impact fee based upon the procedures for Change of Use. If it can be documented that an impact fee has previously been paid for a mobile home or recreational vehicle on the same lot, parcel, space, or pad, then no impact fee shall be assessed on that mobile home or recreational vehicle. When electrical permits are issued for construction of a new mobile home park or recreational vehicle park or the expansion of an existing mobile home park or recreational vehicle park, the impact fee for the mobile home/recreational vehicle land use shall, be assessed for each new pad or space. The impact fee shall be paid prior to the issuance of the first electrical permit. 10. Shopping Centers. I. The mixed retail or office uses often associated with the main structure of a shopping center shall not be assessed an impact fee for those specific uses. Rather, the impact fee shall be based upon the fee rates for the Retail Land Use as listed the various impact fee categories set forth in Chapter 24 of the St. Lucie County Code. II. Out Parcels. For the purpose of impact fees, out parcels are considered to be free-standing land uses not associated with the primary land use of the site or parcel. Prior to the issuance of a building permit for an out parcel, the applicant must pay an impact fee based upon the appropriate land use category and fee computation method, as detailed in the various impact fee categories set forth in Chapter 24 of the St. Lucie County Code. D. ADMINISTRATIVE DETERMINATION OF FEE 1. Administrative Determination of Fee. Whenever possible, impact fees shall be assessed in accordance with land use types in the fee schedule set forth in the various County assessed impact fees identified in Chapter 24 of the St. Lucie County Code and further detailed in Exhibit C, attached. If it is determined that there is no comparable type of land use activity in the fee schedule, the fees shall be determined administratively by the Planning and Development Services Director. If the feepayer disagrees with the impact fees determined administratively (or based on the fee schedules set forth in the various County assessed impact fees identified in Chapter 24 of the St. Lucie County Code, the feepayer may prepare an Independent Fee Assessment in accordance with provisionsofthe various County assessed impact fees identified in Chapter 24 of the St. Lucie County Code. 2. Miscellaneous Land Use Types. The Planning and Development Services Department shall maintain a list of fees determined administratively for miscellaneous land use types. E: INDEPENDENT ASSESSMENT OF REQUIRED IMPACT FEES For all impact fee categories, the impact fee assessment to be applied to any assessable development activity may be determined by an Independent Fee Calculation as described in the various County assessed impact fees identified in Chapter 24 of the St. Lucie County Code. F. CONSTRUCTION, DEDICATIONS OR DONATIONS IN LIEU OF PAYMENT OF IMPACT FEE 1. General. As set forth in the various County assessed impact fees identified in Chapter 24 of the St. Lucie County Code in lieu of all or part of the required impact fee, the Board of County Commissioners may accept an offer by a feepayer to construct, dedicate or acquire property or equipment for the purpose of meeting the capital needs of the impact fee category proposed to benefit from the construction, dedication or property donation. All such construction, dedications or donations shall be done in the manner and form as described in the specific impact fee category described in identified in Chapter 24 of the St. Lucie County Code. G. USE OF IMPACT FEE FUNDS 1. General. Funds collected through the various County assessed impact fees identified in Chapter 24 of the St. Lucie County Code shall be used for the sole purpose of capital improvements as described in the enabling ordinances, as may be amended, for the individual impact fee categories. 2. Priorities. Each year the County Administrator shall present to the St. Lucie County Board of County Commissioners a proposed capital improvements program assigning funds, including any accrued interest, from the Impact Fee Special Revenue Funds to specific improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal year shall be retained in the same Revenue Funds until the next fiscal year except as provided by the refund provisions of the individual Impact fee ordinances. Administrative Costs. The County shall be entitled to retain three percent (3%) of all impact fee funds it collects to offset the costs of administering and enforcing the individual Impact fee ordinances. H. EXEMPTIONS AND CREDITS 1. Exemptions. The following shall be exempt from payment of Impact Fee: a. Alterations or expansion of an existing building where_ a.) no additional units are createdl or, b. the residential impact fee category (sq footage or type) is not changed; or, c.) no additional non- residential gross square footage is created; or, d.) the use is not changed, ore. where no additional vehicular trips will be produced over and above that produced by the existing use. b. The construction of accessory buildings or structures which will not generate additional impact over and above that generated by the principal building or use of the land. C. Replacement of a building or structure with a new building or structure of the same use (for single family use the impact fee category is not changed) provided that no additional impact will be generated over and above those generated by the original use of land. Any other exemptions set for in Chapter 24 of the St. Lucie County Code. If the alteration or expansion of a building or structure does generate additional impacts over and above those produced by the original building or structure, 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 impact fee shall be assessed and paid as described in Change of Use. 2. Credits. Credits for eligible impact fee assessments shall be in accord with the various County assessed impact fees identified in Chapter 24 of the St. Lucie County Code. I. APPEALS If the feepayer wishes to appeal any administrative decision made in regard to the determination of the County assessed impact fees as described in Chapter 24 of the St. Lucie County Code, any such appeal shall be filed in accord with the provision set forth in the individual Impact Fee ordinances. ST. LUCIE COUNTY IMPACT FEE CALCUATION FORM Date Permit Number Name of Feepayer Address IMPACT FEE CALCULATIONS Land Use Type: Residential Single Family Dwelling Unit(s) Multi -Family Dwelling Unit(s) Square Footage # Gas Pump Positions # Seats Impact Fee Category Rate Unit of Measure Roads X = Education X = Parks X = Library X = Law Enforcement X = Public Buildings X = Fire/EMS X = Impact Fee Due Fee Due Notes: (1) Enter the total square footage of residential unit under this permit (2) Enter the total number of units under this permit application On a separate sheet, list the area for each unit under the application (see attached) (3) Total square footage of nonresidential units (4) For multi family structures, breakout the size of each unit to determine assignment group (5) Enter number of gas pump positions (6) Enter number of seats ST. LUCIE COUNTY IMPACT FEE CALCUATION FORM Date Name of Feepayer Address Land Use Type: Residential Multi -Family Dwelling Unit(s) total Permit Number Unit # Area Roads Fee/ Unit (add additional sheets as necessary) ST. LUCIE COUNTY IMPACT FEE CALCUATION FORM change in use/ expansion of use Date Permit Number Name of Feepayer Address Land Use Type: # Units Square Footage # Gas Pump Positions # Seats IMPACT FEE CALCULATIONS existing addition (1) (2) (3) (5) (7) (8) (4) (6) (8) (9) (10) (11) (1.2) Difference subject to impact fee Addition Unit of Impact Fee Category Rate Measure Roads X = Education X = Parks X = Library X = Law Enforcement X = Public Buildings X = Fire/EMS X = Impact Fee Due Notes: (1) Enter the existing number of residential units. (2) Enter the number of proposed additional units to be located on property. (3) Enter the existing total square footage of residential units. (4) Enter the additional square footage of residential units under this permit. (5) Enter total existing square footage of nonresidential units. (6) Enter the additional square footage of non-residential units. (7) For multi -family structures, breakout the size of each unit to determine assignment group (8) Enter number of existing gas pump positions (9) Enter the number of additional gas pump positions (10) Enter number of seats (11) Enter the number of additional seats to be added. Fee Due EXHIBIT C IMPACT FEE ORDINANCE LAND USE CATEGORIES (ALL IMPACT FEE DISTRICTS) RESIDENTIAL: Single Family • Single Family Detached • Modular Building Mobile Home/Recreational Vehicles Multi -Family (3 stories and over) • Apartments • Condominiums • Villas • Duplexes • Triplexes • Fourplexes • Retirement Communities • Interval Housing • Time -Share Dwelling Units Multi -family (under 3 stories) • Apartments • Condominiums • Villas • Duplexes • Triplexes • Fourplexes • Retirement Communities • Interval Housing • Time -Share Hotel/Motel • Hotel • Resort Hotel • Motor Inn • Motel Other Residential • Dormitories • Rooming Houses • Congregate Living Quarters OFFICE AND FINANCIAL: Medical Office • M ed ica I Office • Dental Office • Ophthalmologists • Optometrists • Opticians • Chiropractors • Medical/Dental Clinics Laboratory • Veterinarian Offices Financial • Financial Institutions (customer service areas) • Savings and Loans (customer service areas) • Banks ( customer service areas) Other Office • General Office Buildings • Attorneys • Real Estate • Insurance • Engineering • Corporate Offices Office Parks • Banks (except for customer service areas) • Savings and Loans (except for customer service areas) • Financial Inst. (except for customer service areas) INDUSTRIAL: Warehouse • Warehouses • Mini -warehouses • Storage Yards • Lumber Yards Wholesale • Wholesale • Distribution General Industrial • Light Industrial • Heavy Industrial • Manufacturing • Assembly Plants • Printing Plants • Industrial Parks RECREATIONAL: Skatinq Rink • Roller Skating Rinks • Ice Skating Rinks Bowling Alley Golf Course 0 Golf Courses • • Miniature Golf Courses Tennis Courts • Tennis Courts • Racquetball Courts • Handball Courts • Other Court Sports Water Sports • Water Theme Parks • Swimming pools • Water Slides INSTITUTIONAL: Conference Center • Convention Centers • Conference Centers Schools and Day -Care Centers • Child Care Facilities • Private/Parochial Schools • Elderly Day -Care Facilities Fraternal Organizations • Social Service Organizations • Fraternal Organizations • Non-profit Organizations • Lodges • Church -Related Organizations RETAIL: For all Road Impact Fee Categories Listed Below • Restaurants/Fastfood Restaurants • Shopping Centers • Freestanding Retail Facilities • Speciality Stores • Supermarkets • Drug Stores • Paint/Hardware Stores • Clothing Stores • Jewelry/Watch Stores • Appliance Stores • Barber/Beauty Shops • Shoe Repair • Dry Cleaners/Laundry Facilities • Equipment Sales/Repair • New/Used Car Sales • Rental Centers • Discount Stores • Furniture Stores • Parts Stores • Night Clubs/Bars The individual uses listed above are not an inclusive list. Uses not contained in this listing will be considered on an individual basis