Loading...
HomeMy WebLinkAbout22-007 ORDINANCE NO. 2022 - 007 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, REGARDING LAW ENFORCEMENT IMPACT FEES; AMENDING CHAPTER 24 OF THE St LUCIE COUNTY CODE RELATING TO LAW ENFORCEMENT IMPACT FEES; AMENDING ARTICLE IV OF CHAPTER 24 OF THE ST. LUCIE CODE OF ORDINANCES REGARDING LAW ENFORCEMENT IMPACT FEES, INCLUDING SECTION 24-92 INTENTS AND PURPOSES, SECTION 24-93 DEFINITIONS, SECTION 24-94 IMPOSITION OF LAW ENFORCEMENT IMPACT FEE, SECTION 24-95 COMPUTATION OF THE AMOUNT OF LAW ENFORCEMENT IMPACT FEE, SECTION 24-96 PAYMENT OF FEE, SECTION 24-97 CREDITS, SECTION 24-102 USE OF FUNDS, SECTION 24-103 REFUND OF FEES PAID, SECTION 24-104 EXEMPTIONS, SECTION 24-105 APPEALS, SECTION 24-106 REVIEW AND AUTOMATIC ADJUSTMENT OF FEES; DIRECTING THE PROVISION OF NOTICE OF IMPACT FEE RATES; PROVIDING FOR SEVERABILITY, CODIFICATION, LIBERAL CONSTRUCTION, AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AMENDMENT OF SECTION 24-92 OF THE ST. LUCIE COUNTY CODE. Section 24-92 of the St. Lucie County Code, entitled Intents and Purposes, is hereby amended as follows: Sec. 24-92. Intents and purposes. (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 law enforcement protection and services in the county. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILES 503278904/2920220258.50 PM OR BOOK 4817 PAGE 835-858 Doc Type:ORDN • RECORDING: E205.50 (c) The state legislature, through and 163.31801 , governments to enact impact fees regulation program. the enactment of F.S. §§ 163.3202 has sought to encourage local as a part of their land development (d) Development necessitated by the growth contemplated in the Comprehensive Plan and the Law Enforcement Impact Fee Study will require Infrastructure improvements and additions to the Law Enforcement System to accommodate the new development generated by such growth and maintain the standards of service provided by the Law Enforcement System. (e) There is a rational nexus between future growth, as measured by new construction and the need to expand the Law Enforcement System through the acquisition and construction of new Buildings, apparatus, equipment and other Infrastructure in order to maintain the standards of service currently provided by the Law Enforcement System. The Law Enforcement Impact Fees adopted herein for each Impact Fee Land Use Category are proportional to impact expected to be generated by new construction. (f) The Board has determined that ad valorem tax revenue and other revenues will not be sufficient to provide the Infrastructure improvements to the Law Enforcement System that are necessary to accommodate new construction within the County. (q) The County, through funding to the St. Lucie County Sheriff, has a responsibility to provide law enforcement services within both the unincorporated and incorporated areas of the County. The Law Enforcement System benefits all new construction occurring within the County and therefore the Law Enforcement Impact Fees shall be imposed throughout the County, including within municipalities. (h) Future growth should contribute its fair share to the cost of the Infrastructure improvements to the Law Enforcement System that are required to accommodate the impact generated by such growth. (i) The required Infrastructure improvements to the Law Enforcement System needed to eliminate any deficiencies shall be financed by revenues other than Law Enforcement Impact Fees. (j) The Board expressly finds that the Infrastructure improvements to the Law Enforcement System to be funded by the Law Enforcement Impact Fee provide a benefit to all new construction within the County in excess of the Law Enforcement Impact Fees. (k) Implementation of the Law Enforcement Impact Fee to require new construction to contribute its fair share of the cost of required Infrastructure improvements is an integral and vital element of the regulatory plan of growth management of the County. (1) The purpose of this Article is to require payment of Law Enforcement Impact Fees by those who engage in new construction and to provide for the cost of Infrastructure improvements to the Law Enforcement System which are required to accommodate such growth. This Article shall not be construed to permit the collection of Law Enforcement Impact Fees in excess of the amount reasonably anticipated to offset the demand on the Law Enforcement System generated by such applicable new construction. (m) The imposition of a Law Enforcement Impact Fee is to provide a source of revenue to fund the construction or improvement of the Law Enforcement System necessitated by growth as delineated in the capital improvement element of the Comprehensive Plan. underline indicates additions; strikethreugh indicates deletions] SECTION 2. AMENDMENT OF SECTION 24-93 OF THE ST. LUCIE COUNTY CODE. Section 24-93 of the St. Lucie County Code, entitled Definitions, is hereby amended as follows: Sec. 24-93. 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- �� ,icn cite improvements, b ildiRgv�Tvcvr oenTGie$, peivrnn'u � .,....., ...-_ ...__.---- -..-....---- --- --- ---- -,-- -- ----- Feepayer or Applicant means a person commencing a land development activity by applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park or for a type of land development activity specified in section 24-95. Law Enforcement Impact Fee means the Impact Fee imposed to fund growth -necessitated Infrastructure for the Law Enforcement System. Law Enforcement Impact Fee Study means the portion of the Impact Fee Study adopted in Section 24-4 relating to the Law Enforcement Impact Fee. Law Enforcement System means the Buildings, vehicles, apparatus, and capital equipment provided by the County that are used for calls for service for the apprehension of criminals or prevention of criminal violations and investigation of illegal actions within the County. underline indicates additions; strikethFeugh indicates deletions] SECTION 3. AMENDMENT OF SECTION 24-94 OF THE ST. LUCIE COUNTY CODE. Section 24-94 of the St. Lucie County Code, entitled Imposition of Law Enforcement Impact Fee, is hereby amended as follows: Sec. 24-94. Imposition of law enforcement impact fee. (a) Any person who; aftoarcer the effective date of eTdinaRGe wh!Gh this article is derived seeks to develop land by applying for the issuance of a building permit for me of the -land use types specified OR seGtiOR 24 any land development designed or intended to permit a use of land which will contain more Dwelling Units, Buildings or square footage than the existing use of land or to otherwise change the use of the land in a manner that increases the impact upon the Law Enforcement System or applies for an electrical permit for a mobile home park or recreational vehicle park shall be required to pay a law enforcement impact fee in the manner and amount set forth in this article. Nothing in this article shall be deemed to eliminate the requirements of Section 11.02.07 of the County Land Development Code. (b) The obligations herein for the payment of the Law Enforcement Impact Fee shall apply to all new construction that applies for a Building Permit on or after the applicable implementation date set forth in Section 24-95. No building permit for any land use types specified in section 24- 95 nor electrical permit for a mobile home park or recreational vehicle park shall be issued unless and until the law enforcement impact fee hereby required has been paid as provided in section 24-96. underline indicates additions; strikethrouo indicates deletions] SECTION 4. AMENDMENT OF SECTION 24-95 OF THE ST. LUCIE COUNTY CODE. Section 24-95 of the St. Lucie County Code, entitled Computation of the Amount of Law Enforcement Impact Fee, is hereby amended as follows: Sec. 24-95. Computation of the amount of law enforcement impact fee. (a) At the_vpti"rrOR of trhrefeepayeY-� aMOHRRt o the fee may be � v� determined he fetlew+ng- fee GG#edule. The fees shewn OR the SGhe � i�of'eGt a zero percent diSGEWRt. All new construction occurring within the County shall pay the following Law Enforcement Impact Fee as a condition of issuance of a Building Permit or Electrical Permit, as provided in Section 24-94, for such construction: LAW ENFORCEMENT IMPACT FEE Land Use Type Unit of Measure Impact Fee (as of 10/01 /2017) RESIDENTIAL Single-family Per unit $232.00 Mobile home/RV unit (park only) Per unit $146.00 Multifamily 1 and 2 floors Per unit $161.00 Multifamily 3 floors and up Per unit $165.00 Hotel/motel Per room $143.00 Bed and breakfast (guest rooms) Per room $143.00 All other residential Per unit $232.00 OFFICE AND FINANCIAL Medical office Per 1,000 square feet $324.00 General office Per 1,000 square feet $177.00 RETAIL TRADE Under 100,000 square feet Per 1,000 square feet $248.00 100,000-499,000 square feet Per 1,000 square feet $308.00 500,000 square feet and over Per 1,000 square feet $246.00 GASOLINE SERVICES Service station Per pump stat $69.00 INDUSTRIAL Warehouse Per 1,000 square feet $30.00 Truck terminal Per 1,000 square feet $52.00 General industrial Per 1,000 square feet $51.00 INSTITUTIONAL School —Elementary Per 1,000 square feet $254.00 School—Middle/High Per 1,000 square feet $258.00 Day care center Per 1,000 square feet $178.00 Fraternal organization Per 1,000 square feet $205.00 Hospital Per bed $198.00 Nursing home Per bed $256.00 Library Per 1,000 square feet $295.00 RECREATIONAL Park (city/county/state) Per acre $62.00 Recreation facility —All Types Per 1,000 square feet $72.00 Golf course Per acre $135.00 Movie theater Per seat F$32.00/seat The fee schedule shown in this table is subject to annual revision based upon the provisions of section 24-106.Fee includes annual CPI adjustments since original fee adoption in 2004. On June 1 2022 the Law Enforcement Impact Fee as specified below, for any Impact Fee Land Use Category that is decreasing shall go into effect. On October 1, 2022, the remaining Law Enforcement Impact Fee rates as specified below, shall go into effect: Categoryland Use Single Family DU • ., impact fee $276.75 Condominium DU $272.41 Multifamily 1-2 stories DU $192.38 Multifamily 3+ stories DU $196.88 Mobile Home DU $172.13 All Other Residential Bed $180.48 Hotel room $168.08 Motel room $147.35 Nursing Home/ACLF bed $230.97 Office & Financial General Office 1,000 S Ft $172.88 Medical Office 1,000 S Ft $269.32 Retail Under 100,000 S .Ft. 1,000 S Ft $294.08 100,000 - 499,999 Sq. Ft. 1,000 S Ft $365.63 500,000 + S .Ft. 1,000 S Ft $267.90 Gasoline Services Service Stationper position $82.13 Industrial Warehouse 1,000 S Ft $20.85 Truck Terminal 1,000 S Ft $35.34 General Industrial 1,000 S Ft $60.75 Institutional School - Elementary per Student $28.68 School - Middle, High per Student $17.21 Care 1,000 S Ft $145.48 —Day Church/Fraternal Organization 1,000 S Ft $76.33 1,000 S Ft $217.16 —Hospital Library 1,000 S Ft $351.00 Recreational Park(public) per acre $7.09 Recreation Facility 1,000 S Ft $85.50 Golf Courseper hole $145.56 Movie Theater I per seat $10.83 On October 1 2023 the following Law Enforcement Impact Fee rates shall go into effect: . . allnd Use Catery Unit DU October Impact Fee $307.50 Single Family Condominium DU $298.82 Multifamily 1-2 stories DU $213.75 Multifamily 3+ stories DU $218.75 Mobile Home DU $191.25 All Other Residential Bed $180.48 Hotel room $186.16 Motel room $147.35 Nursing Home/ACLF bed $230.97 Office & Financial General Office 1,000 S Ft $172.88 Medical Office 1,000 S Ft $269.32 Retail Under 100,000 S .Ft. 1,000 S Ft $326.15 100,000 - 499,999 S .Ft. 1,000 S Ft $406.25 500,000 + S .Ft. 1,000 S Ft $275.79 Gasoline Services Service Station per position $91.25 Industrial Warehouse 1,000 S Ft $20.85 Truck Terminal 1,000 S Ft $35.34 General Industrial 1,000 S Ft $67.50 Institutional School - Elementary per Student $28.68 School - Middle, High per Student $17.21 Day Care 1,000 S Ft $145.48 Church/Fraternal Organization 1,000 S Ft $76.33 Hospital 1,000 S Ft $225.32 Library 1,000 S Ft $390.00 Recreational Park(public) per acre $7.09 Recreation Facility 1,000 S Ft $95.00 Golf Course per hole $149.12 Movie Theater per seat $10.83 On October 1 2024 the following Law Enforcement Impact Fee rates shall go into effect: CategoryLand Use Single Family DU Impact Fee did $338.25 Condominium DU $325.24 Multifamily 1-2 stories DU $235.13 Multifamily 3+ stories DU $240.63 Mobile Home DU $210.38 All Other Residential Bed $180.48 Hotel room $204.24 Motel room $147.35 Nursing Home/ACLF bed $230.97 Office & Financial General Office 1,000 S Ft $172.88 Medical Office 1,000 S Ft $269.32 Retail Under 100,000 S .Ft. 1,000 S Ft $358.23 100,000 - 499,999 S .Ft. 1,000 S Ft $446.88 500,000 + S .Ft. 1,000 S Ft $283.69 Gasoline Services Service Station per position $100.38 Industrial Warehouse 1,000 S Ft $20.85 Truck Terminal 1,000 S Ft $35.34 General Industrial 1,000 S Ft $74.25 Institutional School - Elementary per Student $28.68 School - Middle, High per Student $17.21 Day Care 1,000 S Ft $145.48 Church/Fraternal Organization 1,000 S Ft $76.33 Hospital 1,000 S Ft $233.47 Library 1,000 S Ft 1 $429.00 Recreational Park(public) per acre $7.09 Recreation Facility 1,000 S Ft $104.50 Golf Course per hole $152.67 Movie Theater per seat $10.83 On October 1 2025 the following Law Enforcement Impact Fee rates shall go into effect: CategoryLand Use Single Family DU Impact Fee $369.00 Condominium DU $351.65 Multifamily 1-2 stories DU $256.50 Multifamily 3+ stories DU $262.50 Mobile Home DU $229.50 All Other Residential Bed $180.48 Hotel room $222.32 Motel room $147.35 Nursing Home/ACLF bed $230.97 Office & Financial General Office 1,000 S Ft $172.88 Medical Office 1,000 S Ft $269.32 Retail Under 100,000 S .Ft. 1,000 S Ft $390.30 100,000 - 499,999 S .Ft. 1,000 S Ft $487.50 500,000 + S .Ft. 1,000 S Ft $291.58 Gasoline Services Service Stationper position $109.50 Industrial Warehouse 1,000 S Ft $20.85 Truck Terminal 1,000 S Ft $35.34 General Industrial 1,000 S Ft $81.00 Institutional School - Elementary per Student $28.68 School - Middle, High per Student $17.21 Day Care 1,000 S Ft $145.48 Church/Fraternal Organization 1,000 S Ft $76.33 Hospital 1,000 S Ft $241.63 Library 1,000 S Ft $468.00 Recreational Park(public) per acre $7.09 Recreation Facility 1,000 S Ft $114.00 Golf Course per hole $156.23 Movie Theater per seat $10.83 (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. 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 t, fee by applying the formula set ferth in subseGtien (f) of this SeGtien. calculate the appropriate Impact Fees utilizing the methodology contained in the applicable Impact Fee Study. The County Administrator shall utilize as a standard in this determination the impact assumed in the most similar Impact Fee Land Use Category or any other generally accepted standard source of planning and cost impact analysis. (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. If, however, the previous use has been either abandoned or otherwise inactive for a period of two consecutive years prior to the request for the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate, then the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use. his designee to determine the impart foe per i Rit: underline indicates additions; indicates deletions] SECTION 5. AMENDMENT OF SECTION 24-96 OF THE ST. LUCIE COUNTY CODE. Section 24-96 of the St. Lucie County Code, entitled Payment of Fee, is hereby amended as follows: Sec. 24-96. Payment of fee. (a) The feepayer shall pay the fee to the county administrator as a condition of ,at any time prier to +ho issuance of a building permit or electrical permit for a recreational vehicle park or mobile home park. (b) In lieu of all or part of the law enforcement impact fee, the county administrator may accept an alternative impact fee pursuant to Section 24- 6 or the board of county commissioners may accept the offer by a developer to construct, dedicate or acquire property or equipment for the purpose of meeting the capital public building needs of the sheriffs department that is consistent with the county's comprehensive plan or Vie. (c) In the event the developer proposes to dedicate or acquire unimproved property or equipment, the provisions of section 24-97(e)(3) shall apply. The portion of the fee represented by the property dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the county or other appropriate governmental entity. (d) If law enforcement impact fees are owed, no development permits of any type may be issued for the building or structure in question while the fee remains unpaid. The county administrator may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees. (e) The law enforcement impact fee shall be calculated according to the rate in effect at the time of payment unless otherwise provided herein. (f) In the event the law enforcement impact fee is not paid at or prior to the issuance of a Building Permit the Impact Fee shall be collected prior to the issuance of Certificate of Occupancy or by any other method which is authorized by law, unless otherwise exempted pursuant to this chapter. (q) The payment of the Impact Fees shall be in addition to all other fees charges or assessments due for the issuance of a Certificate of Occupancy or Building Permit. (h) The obligation for payment of the Impact Fees shall run with the land. underline indicates additions; stFikethrough indicates deletions] SECTION 6. AMENDMENT OF SECTION 24-97 OF THE ST. LUCIE COUNTY CODE. Section 24-97 of the St. Lucie County Code, entitled Credits, is hereby amended as follows: Sec. 24-97. Credits. (a) Scope. Any person who shall commence any law enforcement impact generating land development activity may apply for a credit against the required law enforcement impact fee for any contribution, construction, or dedication of land or equipment made by such person or predecessor in interest that is accepted and received by the county for law enforcement purposes, pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in the county as required by a development order issued by the county, the G+ty of F^rt PieFGe the City of Port St LUGle er c��G+e 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 law enforcement impact fee. (b) General. Any person desiring a law enforcement impact fee credit, who proposes to make any contribution, construction or dedication of a law enforcement facility or equipment that is consistent with both the county's comprehensive plan and the county sheriffs department capital improvement program, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eligible for a law enforcement impact fee credit. The board of county commissioners shall consult with the county sheriff prior to making any final determination that the proposed contribution, construction or dedication is considered to be eligible for a law enforcement impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a law enforcement impact fee credit, the final amount of the credit shall be determined upon the submission of a request for law enforcement impact fee credit and the entering into of a formal law enforcement impact fee credit agreement. (c) Relationship of law enforcement impact fee to developments of regional impact. Pursuant to F.S. § 380.06(U5), the value of law enforcement facilities and/or other law enforcement eap+tal Infrastructure improvements required pursuant to a county Or City -approved development order, except those deemed site -related, shall be credited against the law enforcement impact fee. (d) General standards for issuing law enforcement impact fee credits. Prior to the issuance of any credits against the law enforcement impact fee, the person who made the contribution, payment, construction or dedication of law enforcement facilities OF 8q iiPFnGRt Infrastructure shall enter into an impact fee credit agreement with the board of county commissioners. The following provisions are the general rules for the award of credit, supplemented and provided in this section: (1) Credit for contributions, payments, construction or dedications of the law enforcement impact fee shall not be transferrable as a credit against other impact fees imposed for purposes other than law enforcement. (2) if allowed by the Gredit agreement,—eCredits may be assigned to successors in interest; provided the county receives a copy of the written agreement signed by both the assignor and the assignee that has been recorded in the public records of the county. (3) No credit shall exceed the amount due for the law enforcement impact fee. 4) No credit shall be given for law enforcement facilities and equipment dedicated or constructed before July 1, 2004. (e) Specific standards. Credits against law enforcement impact fees otherwise payable shall be allowed only under the following conditions: (1) Law enforcement need. The contribution, payment, construction or dedication shall meet a law enforcement capital need identified in the county's comprehensive plan, or the sheriffs department capital improvement program OF iR th Kehensive plan of Ft-. Dier�r6G, St. LUGie or St. Lc age. No credit shall be given for Gapital improvements Infrastructure that does not meet a law enforcement capital need identified in the county's comprehensive plan; or the sheriffs �� department capital improvement program oifahe adep ie plaR ^f F4 Di^rno�t St. 1�er St. LUGie Village. . (2) Law enforcement property dedication. a. Credit for the dedication of property for law enforcement purposes shall be valued at 120 percent of the most recent assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey, closing costs or title information provided by the feepayer to the county at the request of the county. Credit for the dedication of property shall be provided when the property has been conveyed at no charge to, and accepted by the county in a manner satisfactory to the county. b. If the feepayer shall opt not to have the property dedication credit determined as set out above, then the amount of credit shall be determined by the board of county commissioners based on an independent property appraisal, as described in section 24-98, prepared by an individual both a member of the appraisal institute (MAI) and a state -certified general appraiser acceptable to the board of county commissioners, that is paid for by the feepayer. At the option of the board, the board may request a review appraisal, as described in section 24-99; 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. C. 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. d. In the event a property owner determines to donate, and the county determines to accept, non -site related property for any planned nonexisting law enforcement facility or expansion of an existing impact fee eligible public building or facility to the county in advance of any application for final development order approval, the board of county commissioners shall reserve the determination of value of the credit for the dedicated property until the property owner, or his assigns, seeks a final development order approval for the remainder of the property from which the dedicated property was provided. All property dedication credits shall be determined at the time contracts are let for the construction/expansion of the eligible facility or at the time a final development order approval is granted, whichever occurs first. No property dedication credit request may include the consideration of any enhancement to the value of property being dedicated as a result of the new or expanded public building construction. No property dedication credit request may include the consideration of any enhancement to the value of the property being dedicated as a result of the overall project development. (3) Application procedure. Applicants for credit for construction of non -site related law enforcement building, facilities or equipment shall submit documentation of the actual engineering, construction or acquisition costs to the county administrator or his designee. The county administrator or his designee shall determine credit for law enforcement construction based upon these costs or upon alternative engineering and construction cost estimates if the county administrator or his designee determines that such costs submitted are excessive or incomplete. (4) 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 law enforcement property, the developer shall first obtain an independent property appraisal as described in section 24-98 and provide the county administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in section 24-99. b. Except as provided below, credits for law enforcement property acquisition shall be based on the independent property appraisal, the review appraisal, or the purchase price, if lower, as determined by the county administrator. In the event the developer is unable to acquire the law enforcement property for appraised value or lower, the board may: 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. (f) Time of claim; waiver. Any claim for credit must be made no later than the time of application for a building permit or an electrical permit. Any claim not so made shall be deemed waived. (g) The holder of any Impact Fee credits granted by the County shall be entitled to redeem such credits for the full benefit of the density or intensity represented by such credits as of the date of issuance, notwithstanding any subsequent increase in Impact Fee rates. The transferability of any Impact Fee credits granted by the County shall be in accordance with state law. underline indicates additions; stFikethFeugh indicates deletions] SECTION 7. AMENDMENT OF SECTION 24-102 OF THE ST. LUCIE COUNTY CODE. Section 24-102 of the St. Lucie County Code, entitled Use of Funds, is hereby amended as follows: Sec. 24-102. Use of funds. (a) Except for allowable Administrative Expenses, Aall funds collected from law enforcement impact fees shall be used solely for the purpose of capital Infrastructure improvements to the Law Enforcement System to law onfnrGomont facilities 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 state and idem;T:C,`•ifmh"nee—teGhR „ Buildings,Metheds Used to Update library, PubliG Parks and ReGreation and Law EnfeFGement ImpaGt „ dated QGtGbe Imo; zed data and which is inGerperated by reference. Law enforcement impact fees shall not be used for maintenance or operation purposes. Such Infrastructure improvements shall be of the type as are made necessary by the new development. (b) E fluent as provided in subseGfien (G) of this seGtien all funds be used eXGIUSiVely for identified law enforGement Gapital improvements. Funds shall be Encumbered and expended in the order in which they are collected. (c) Each April July the county administrator shall present to the board of county commissioners a proposed capital improvement program for law enforcement Infrastructure Gapital eqUiprneRt assigning funds, including any accrued interest, from the several special revenue funds to specific law enforcement 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. (d) The GG'IeGting governMeRtal entity shall be entitled to retain net GO t of administering and onforring this article. underline indicates additions; strikethreu h indicates deletions] SECTION 8. AMENDMENT OF SECTION 24-103 OF THE ST. LUCIE COUNTY CODE. Section 24-103 of the St. Lucie County Code, entitled Refund of Fees Paid, is hereby amended as follows: Sec. 24-103. Refund of fees paid. (a) If a building or an electrical permit for a mobile home park or recreational vehicle park expires or is cancelled 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 an4 or collecting government entity, if not the county, shall retain its Administrative Expenses four PeFGent of the fee Fetained by the GGWRty and GOIleGfing government entit„. 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 wee years of when the permit expired. ninety (90) days of the expiration of the Building Permit, of the IMPaGt Fee. Failure to timely apply for a refund of the Impact Fee shall waive any right to a refund. (1) The application for refund shall be filed with the County Administrator and contain the following: a. The name and address of the applicant; b. The location of the property which was the subject of the Building Permit; C. The date the Impact Fee was paid; d. A copy of the receipt of payment for the Impact Fee; and e. The date the Building Permit was issued and the date of expiration. (2) After verifying that the Building Permit has expired and that the Building has not received a Certificate of Occupancy, the County Administrator shall refund the Impact Fee paid for such Building. (3) A Building Permit that is subsequently issued on the same property that was the subject of a refund shall pay the Impact Fee as required by this Chapter. (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). Refunds shall be made only in accordance with the following procedure: (1) The then -current owner shall petition the County for the refund within ninety (90) days following the end of the calendar quarter immediately following the tenth anniversary of the date of payment of the Impact Fee. (2) The petition for refund shall be submitted to the County Administrator and shall contain: a. A notarized sworn statement that the petitioner is the present owner of the property on behalf of which the Impact Fee was paid; b. A copy of the dated receipt issued for payment of the Impact Fee or such other record as would evidence payment; and C. A certified copy of the latest recorded deed or a copy of the most recent ad valorem tax bill. (3) Within ninety (90) days from the date of receipt of a petition for refund the County Administrator will advise the petitioner and the Board of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within the applicable time period then it shall be returned to the petitioner. For the purposes of this Section fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. (4) In the event that a legal challenge is filed in connection with the payment of any Impact Fee, the ten-year period referenced in this Section shall not begin to run until completion of the associated litigation and appeals. underline indicates additions; strikethro o indicates deletions] SECTION 9. AMENDMENT OF SECTION 24-104 OF THE ST. LUCIE COUNTY CODE. Section 24-104 of the St. Lucie County Code, entitled Exemptions, is hereby amended as follows: Sec. 24-104. Exemptions. The following shall be exempted wholly or in part from payment of the law enforcement impact fee: (1) Alteration or expansion of an existing building where no additional residential dwelling units are created. (2) The construction of accessory buildings or structures which will not produce additional need for law enforcement facilities over and above that produced by the principal building or use of the land. (3) The replacement of a destroyed or partially destroyed building or structure in existence on or after July 1, 2004, with a new building or structure of the same or a different use; provided that no additional need for law enforcement facilities will be produced over and above those produced by the original use of the land. (4) Any claim of exemption must be made no later than the time of application for a building permit or electrical permit for a mobile home. Any claim not so made shall be deemed waived. (5) Government Property. underline indicates additions; strikethF^„^" indicates deletions] SECTION 10. AMENDMENT OF SECTION 24-105 OF THE ST. LUCIE COUNTY CODE. Section 24-105 of the St. Lucie County Code, entitled Appeals, is hereby amended as follows: Sec. 24-105. 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 on a form approved by the County 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 60 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 doGiGiGR shall be fiRa;fer e purpes�of administrative appeals-. The hearing shall be before the Board and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable: however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. (c) The board's decision shall be final for the purpose of administrative appeals. The board of county commissioners shall revoke the decision of the county administrator only if there is competent, substantial evidence in the record that the decision fails to comply with this article. A determination shall be made in writing and issued within thirty (30) days of the hearing to the Applicant or owner. (d) Any Applicant who requests a hearing pursuant to this Section and desires the immediate issuance of a Building Permit, or if a Building Permit has been issued without the payment of the Impact Fee, shall pay the applicable Impact Fee prior to or at the time the request for hearing is filed. Said payment shall be deemed paid "under protest' and shall not be construed as a waiver of any review rights. An Applicant may request a hearing under this Section without paying the applicable Impact Fee, but no Building Permit shall be issued until such Impact Fee is paid in the amount initially calculated or the amount approved upon completion of the review provided in this Section. underline indicates additions; strikethrough indicates deletions] SECTION 11. AMENDMENT OF SECTION 24-106 OF THE ST. LUCIE COUNTY CODE. Section 24-106 of the St. Lucie County Code, entitled Review and Automatic Adjustment of Fees, is hereby amended as follows: Sec. 24-106. Review and auternatiG add Stmont „f fees. The Impact Fee Study for the law enforcement impact fee shall be reviewed by the Board at least every four (4) years. The initial review and each review thereafter shall consider new estimates of population and other socioeconomic data changes in construction, land acquisition and related costs and adjustments to the assumptions, conclusions or findings set forth in such Impact Fee Study. The purpose of this review is to evaluate and revise if necessary, the Impact Fees to ensure that they do not exceed the reasonably anticipated costs associated with the Capital Facilities necessary to offset the demand generated by the new construction. In the event the review of this Chapter and the Impact Fee Study required by this Section alters or changes the assumptions, conclusions and findings of the Impact Fee Study adopted herein or alters or changes the amount or classification of the Impact Fees, such studies shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews. MIMM .- _ 22 u + + • r _ _ r r I _ • r r _ IN, _ r r r • _ _ r r Emmmumil r r . an -REM z ,MMIZIr _ ! O underline indicates additions; strikethrough indicates deletions] SECTION 12. NOTICE OF IMPACT FEES. (a) No later than June 30, 2022, the County Administrator is hereby directed to publish a notice once in a newspaper of general circulation within the County which notice shall include: (A) a brief and general description of the Impact Fees, (B) a description of the geographic area in which the Impact Fees will be collected; (C) the Impact Fee rates to be imposed for each Impact Fee Land Use Category; and (D) the date of implementation of the Impact Fee rates set forth in the notice, which date shall not be earlier than ninety (90) days after the date of publication of the notice. In the event, this notice is not published by June 30, 2022, then the initial October 1, 2022 implementation dates for the Impact Fees shall be adjusted to ensure that the increased Impact Fee rates are not implemented earlier than ninety (90) days after the date of publication of the notice, and the implementation dates for the phased -in Impact Fee rates in 2023, 2024, and 2025 shall be similarly adjusted to occur in one- year increments after the initial implementation date for such Impact Fees. (b) In the event the Impact Fee rate for an Impact Fee Land Use Category is decreasing, then that rate shall go into effect for all new construction that applies for a Building Permit on or after June 1, 2022 following the effective date of this Ordinance as provided in Section 13(d), notwithstanding the implementation dates specified in Section 24-95. (c) The obligations herein for the payment of the Impact Fees shall apply to all new construction that applies for a Building Permit on or after the applicable implementation date. SECTION 13. MISCELLANEOUS. (a) If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said chapter shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. (b) It is the intention of the Board, and it is hereby ordained that the relevant provisions of this Ordinance shall become and be made a part of the St. Lucie County Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. (c) The terms and provisions of this Ordinance shall be liberally construed to affect the purpose for which it is adopted. (d) A certified copy of this Ordinance shall be filed with the Department of State within 10 days after its enactment by the Board and shall take effect as provided by law; provided the revisions to the Impact Fee rates shall become effective as provided in Section 12 hereof. DULY ADOPTED this 19 day of April, 2022. Attest: pep --N G(erk APPROVED AS TO FORM: County Attorney ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS �9- P. Chair OJ�gY CO,y�'� J� � O a z M Ire.. ti ��F s cOLNTY, FLOR�� RON DESANTIS Governor LAUREL M. LEE Secretary of State R. A. Gray Building  500 South Bronough Street  Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 April 27, 2022 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear Michelle Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 22-007, which was filed in this office on April 27, 2022. Sincerely, Anya Owens Program Administrator ACO/mas