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HomeMy WebLinkAbout22-010 ORDINANCE NO. 2022 - 010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, REGARDING IMPACT FEES; AMENDING CHAPTER 24 OF THE ST. LUCIE COUNTY CODE, RELATING TO IMPACT FEES; PROVIDING GENERAL DEFINITIONS; PROVIDING CERTAIN LEGISLATIVE FINDINGS; ADOPTING IMPACT FEE STUDIES; PROVIDING APPLICABLITY; PROVIDING FOR AN ALTERNATIVE IMPACT FEE CALCULATION; PROVIDING FOR ACCOUNTING AND REPORTING; PROVIDING FOR NOTICE OF IMPACT FEE RATES; PROVIDING FOR ADMINISTRATIVE EXPENSES; 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. GENERAL DEFINITIONS.A new section 24-2 of the St. Lucie County Code is hereby adopted to read as follows: Section 24-2. General Definitions. When used in this Chapter, the following terms shall have the following meaning, unless the context clearly requires otherwise: Accessory Building or Structure means a detached, subordinate building, meeting all property development regulations, the use of which is clearly indicated and related to the use of the principal building or incidental to the previous use to which the vacant land is devoted, and which is located on the same lot as the principal building or use. Administrative Expenses means the actual costs associated with the collection and administration of Impact Fees imposed pursuant to this Chapter. Alternative Impact Fee means any alternative Impact Fee calculated by an Applicant and approved by the County Administrator pursuant to Section 24-6 hereof. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE% 5032790 PAGE 022 02.58.50'M ORDN 1 RECORDING $120.50859-872 Doc Type Alternative Impact Fee Study means a study prepared by an Applicant and submitted to the County Administrator pursuant to Section 24-6 hereof. Apartment means a rental Dwelling Unit located within the same building as other Dwelling Units. Applicant or Feepayer means a Person who applies for a Building Permit. Board means the St. Lucie County Board of County Commissioners. Building means any structure, either temporary or permanent, designed or built for the support, enclosure shelter or protection of persons, chattels or property of any kind. This term shall include manufactured homes, trailers, Mobile Homes or any other vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a construction. Building Permit means an official document or certificate issued by the County, under the authority of ordinance or law, authorizing the construction or siting of any Building. "Building Permit' shall also include move -on permits, electrical permits, or other development approvals for those structures or buildings, such as a Mobile Home, that do not require a Building Permit in order to be constructed or occupied. Capital Facilities means those facilities identified in this Chapter for which Impact Fees are imposed. Certificate of Occupancy means the official document or certificate issued by the County under the authority of ordinance or law, authorizing the occupancy of any building or parts thereof. Comprehensive Plan means the comprehensive plan of the County adopted and amended pursuant to the local Government Comprehensive Planning and Land Development Regulation Act as contained in chapter 163, Florida Statutes, or its statutory successor in function. Condominium means a single-family or time-sharing ownership unit that has at least one (1) other similar unit within the same Building structure. The term "condominium" includes all fee simple or titled multi -unit structures. County means St. Lucie County, Florida, a political subdivision of the State of Florida. County Administrator means the chief administrative officer of the County or such person's designee. Dwelling Unit means a Building, or a portion thereof, which is designed for residential occupancy, consisting of one (1) or more rooms which are arranged, designed or used as living quarters for one (1) family only. The terms shall not include hotels, motels, time-shares, tourist or trailer camps allowing a rental of less than three (3) months. Encumbered means monies committed by contract or purchase order in a manner that obligates the County to expend the encumbered amount upon delivery or completion of goods, services or real property provided by a vendor, supplier, contractor or Owner. The execution of an agreement with the Florida Department of Transportation by the County for the construction of improvements or additions to a designated improvement to the State Highway System, with or without reimbursement, shall be considered to have Encumbered Roads Impact Fees collected for that improvement or addition. Government Property means property owned by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency or political subdivision thereof, a city, a special district, a school district, or a municipal corporation. Impact Fee means collectively and individually, the Impact Fees imposed pursuant to this Chapter. Impact Fee Land Use Category means those categories of land use incorporated in the Impact Fee rate schedules for each Impact Fee. Impact Fee Study means the impact fee study or studies adopted pursuant to Section 24-4 hereof. Infrastructure means a fixed capital expenditure or fixed capital outlay needed to provide the Capital Facilities, excluding the cost of repairs or maintenance, associated with the construction, reconstruction, or improvements to the Capital Facilities that have a life expectancy of at least 5 years; related land acquisition, land improvement, design, engineering, and permitting costs; and other related construction costs required to bring 9 the public facility into service. The term also includes a fire department vehicle, an emergency medical service vehicle, a sheriff's office vehicle, a police department vehicle, a school bus, and the equipment necessary to outfit the vehicle or bus for its official use. For independent special fire control districts, the term includes new facilities as defined in Section 191.009(4), Florida Statutes. ITE LUC means the Impact Fee Land Use Category based on the publication Trip Generation Manual, 11th Edition, 2021, as supplemented, published by the Institute of Transportation Engineers, or the most recent edition thereof. M.A.I. Appraiser means a member of the American Institute of Real Estate Appraisers. Mixed Use Construction means construction in which more than one Impact Fee Land Use Category is contemplated, with each category consisting of a separate and identifiable enterprise not subordinate to or dependent on other enterprises within the construction. Any use equal to a minimum of twenty-five (25) per cent of the total space in a Building shall be assessed a fee based on that use. Mobile Home means the Impact Fee Land Use Category defined as all "manufactured buildings" and "Mobile Homes" as defined in chapter 553, Florida Statutes, or its statutory successor in function. Multi -Family means the Impact Fee Land Use Category defined as a Building or a portion thereof, regardless of Ownership, containing more than one Dwelling Unit designed for occupancy by a single family, which units are not customarily offered for rent for one day, including without limitation, apartments, townhouses, and timeshares. Owner means the person holding legal title to the real property upon which New development is to occur. Person means any individual, corporation, governmental agency, business trust, estate, trust, partnership, association, property owners' association, two (2) or more persons having a joint or common interest, governmental agency, or other legal entity. Single -Family means the Impact Fee Land Use Category defined as a single Dwelling Unit located on an individual lot and not attached to any 4 other Dwelling Unit, including, without limitation, duplexes and detached houses on lots less than fifty (50) feet wide, such as zero lot line homes. Square Footage means the gross area measured in square feet from the exterior faces of exterior walls or other exterior boundaries of a Building, excluding areas within the interior of the Building which are utilized for parking, porches, and patios. SECTION 2. GENERAL LEGISLATIVE FINDINGS. A new section 24-3 of the St. Lucie County Code is hereby adopted to read as follows: Section 24-3. General Legislative Findings. It is hereby ascertained, determined and declared that: (a) Pursuant to Article VIII, Section 1, Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, the St. Lucie County Board of County Commissioners has all powers of local self-government to perform County functions and render County services and facilities except when prohibited by law, including the authority to impose and collect Impact Fees through a County ordinance. (b) Section 163.3202(3), Florida Statutes, encourages the use of innovative land development regulations, including the use of Impact Fees, to implement the goals, objectives and policies of a County's comprehensive plan. (c) The state legislature through the enactment of Section 163.31801, Florida Statutes, 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 Section 163.31801, Florida Statutes. (d) Future growth will require improvements and additions to the Capital Facilities to accommodate and maintain the levels of service adopted by the County, and accordingly, should contribute its fair share to the Infrastructure that is required to accommodate the use of such facilities by growth. (e) The required Infrastructure improvements to the Capital Facilities needed to accommodate existing development at the adopted level of service shall be financed by revenue sources other than Impact Fees. (f) Implementation of an Impact Fee structure to require future growth to contribute its fair share of the cost of the Infrastructure improvements to Capital Facilities is an integral and vital element of the management of growth. (g) The Administrative Expenses imposed herein are limited to the actual costs of administration and collection of the Impact Fees imposed herein, in accordance with Section 163.31801, Florida Statutes. (h) The data set forth in the Impact Fee Studies that was employed in the calculation of the Impact Fee rates to be imposed in conformance with this Chapter is the most recent and localized data available for the applicable Capital Facilities as of the date of each Impact Fee Study. (i) Capital Facilities planning is an evolving process and the level of service adopted by the County for such Capital Facilities constitutes a balancing of anticipated need and the corresponding cost to implement such standard, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns, the needs of the community, and the dynamics of Capital Facilities planning, it is the intent of the Board that the level of service and the cost of the various Capital Facilities be reviewed and adjusted periodically to ensure that the Impact Fees imposed pursuant to this Ordinance are equitable and lawful based on the impact of growth upon these Capital Facilities. (j) This Chapter shall not be construed to permit the collection of Impact Fees in excess of the amount reasonably anticipated to offset the need for and demand on those Capital Facilities generated by such new growth. (k) Some of the Impact Fees collected by the County pursuant to this Chapter may be used to pay existing debt related to the construction of Capital Facilities or for previously approved projects. The Board legislatively finds and determines that each of these Capital Facilities or previously approved projects that are funded by Impact Fees is proportional and has a rational nexus to the impacts generated by new development that contributes Impact Fees towards the funding of these facilities and that there is available capacity to serve those properties from the debt funded facilities or previously approved projects. SECTION 3. IMPACT FEE STUDIES. A new section 24-4 of the St. Lucie County Code is hereby adopted to read as follows: Section 24-4. Adoption of Impact Fee Study. The Board hereby adopts and incorporates by reference the Impact Fee Studies entitled, "St. Lucie County Road Impact Fee Study," March 2022 by Tindale Oliver/Benesch and "St. Lucie County Impact Fee Study," 2022 Update by PFM, including the assumptions, conclusions, supporting data sources, and findings therein as to the determination of the anticipated costs of Infrastructure improvements and additions to Capital Facilities required to accommodate growth, which Impact Fee Study is on file with the office of the County Administrator and available for public inspection. SECTION 4. APPLICABILITY. A new section 24-5 of the St. Lucie County Code is hereby adopted to read as follows: Section 24-5. APPLICABILITY. Because the County provides the Capital Facilities supported by the Impact Fees to all residents, visitors, and businesses in the County, including those within municipal limits and serving municipal residents and businesses, the provisions of this Chapter shall be applicable to new growth occurring in all unincorporated and incorporated areas of the County. SECTION 5. ALTERNATIVE IMPACT FEE. A new section 24-6 of the St. Lucie County Code is hereby adopted to read as follows: Section 24-6. ALTERNATIVE IMPACT FEE. (a) In the event an Applicant believes that the impact to the Capital Facilities caused by the proposed new construction is less than the impact established in an Impact Fee Study and the Impact Fees imposed herein, such Applicant may, prior to issuance of a Building Permit for such new construction, file an Alternative Impact Fee Study with the County Administrator, along with a non-refundable administrative review fee established by subsequent County resolution to cover the County's costs incurred in reviewing and processing such Alternative Impact Fee Study. The County Administrator shall review the alternative calculations and make a determination within thirty (30) days of submittal as to whether such calculations comply with the requirements of this section. (b) For purposes of any alternative Impact Fee calculation, the new construction shall be presumed to have the maximum impact on the Capital Facilities. (c) The alternative Impact Fee calculation shall be based on data, information, and assumptions contained in this Chapter and the applicable Impact Fee Study as described in this Chapter. For purposes of the Roads Impact Fee, the Applicant shall submit an Independent Traffic Study, as further described in subsection (d) below. Alternatively, the alternative Impact Fee calculation may be based on independent sources, provided that: (1) The independent source is a generally accepted standard source of planning information and cost impact analysis performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the applicable Impact Fee Study; or rA (2) The independent source is a professional study that utilizes the most recent localized data and is supported by a database adequate for the conclusions contained therein, and such study is performed pursuant to a generally accepted methodology of planning and cost impact analysis that is consistent with the applicable Impact Fee Study. (d) For purposes of the Roads impact Fee, an Applicant for an alternative Impact Fee Calculation shall prepare and submit an independent traffic study (ITS), prepared by a registered state professional engineer. The independent traffic study, or ITS, is a statement meeting the following criteria: (1) The statement shall project whether roads serving or to serve the proposed project will fall below level of service D during any calendar month of any year during a 20-year period beginning from the project start of the development. (2) In determining the effects of a proposed project on the level of service, the ITS shall consider the following: a. Traffic characteristics and levels of service of existing major thoroughfares directly affected by the proposed project. b. Trip generation and origin -destination projections for the proposed project. C. Impacts of the proposed project on affected major thoroughfares, including anticipated changes in the level of service. d. Impacts of previously approved projects affecting the same major thoroughfares as the proposed project. e. Radius of development influence. f. Effects of phasing of the proposed development including relationships to any long-range thoroughfare plans of the county and to the five-year transportation improvement program of any metropolitan planning organization and the five-year work program of the state department of transportation. g. Effects of roadway alterations to be made as part of the proposed project, including intersection improvements, turn lanes, signalization, median and other improvements. h. Impacts of increased through traffic movement and traffic from potential developments permitted and contemplated under the county comprehensive plan. (3) The ITS shall address each of the applicable goals, objectives and policies of the county comprehensive plan. (4) The following methods of evaluation and standards shall be used in preparing the ITS, unless the county administrator finds that, because of circumstances unique to the proposed development and roadway system serving the proposed development, other methods or standards provide a more accurate means to evaluate the status of the major thoroughfares affected by the proposed project: a. Total traffic generated by the project shall be computed using the rates published in the latest edition of the Institute of Transportation Engineers (ITE) "Trip Generation and Informational Report," unless documentation is supplied justifying the use of different rates. b. Traffic assignments shall be made for each link within the project's radius of development influence in conformance with good traffic engineering principles. The ITS shall use the following table of average daily trips as the standard for level of service D: WA Design Type Average Daily Trips Two-lane (two-way) 13,900 Four -lane (undivided) 24,400 Four -lane (divided) 32,900 Six -lane (undivided) 40,200 Six -lane (divided) 50,000 Eight -lane (divided) 65,100 Four -lane expressway 68,700 Six -lane expressway 102,200 Eight -lane expressway 137,500 Average daily trips shall be based on data for travel during the first quarter of the calendar year. C. 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. 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. 10 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 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. (e) There shall be a rebuttable presumption that an Alternative Impact Fee Study conducted more than two (2) years prior to the date of its submittal does not comply with the requirements of this Section. (f) If the County Administrator determines that the data, information and assumptions utilized by the Applicant comply with the requirements of this Section and that the calculation of the alternative Impact Fee was by a 11 generally accepted methodology that is consistent with the applicable Impact Fee Study, then the alternative Impact Fee shall be paid in lieu of the applicable fees adopted herein. (g) If the County Administrator determines that the data, information and assumptions utilized by the Applicant to compute an alternative Impact Fee do not comply with the requirements of this Section, then the County Administrator shall provide to the Applicant by certified mail, return receipt requested, written notification of the rejection and the reasons therefore. SECTION 6. ACCOUNTING AND REPORTING. A new section 24-7 of the St. Lucie County Code is hereby adopted to read as follows: Section 24-7. ACCOUNTING AND REPORTING. (a) The County shall submit with its annual financial report required under Section 218.32, Florida Statutes, or its financial audit report required under Section 218.39, Florida Statutes, a separate affidavit signed by its chief financial officer attesting, to the best of his or her knowledge, that all Impact Fees were collected and expended by the County in full compliance with the spending period provision provided in this Chapter and that funds expended from each Impact Fee trust fund were used only to acquire, construct, or improve specific Infrastructure needs. (b) The revenues realized from Impact Fees imposed pursuant to this Chapter shall be identified in the County's budget as a separate account as required by state law. The County shall maintain adequate records to justify all expenditures from any Impact Fee trust fund and any accounts established within such trust fund and shall provide for reporting of Impact Fee rates, collections, expenditures, and Affordable Housing exemptions, if any, in accordance with state law. SECTION 7. NOTICE OF IMPACT FEE RATES. A new section 24-8 of the St. Lucie County Code is hereby adopted to read as follows: Section 24-8. NOTICE OF IMPACT FEE RATES. Prior to the adoption of this Ordinance or any subsequent action by the County having the effect of increasing the rate of any Impact Fee provided for in this Chapter, imposing an Impact Fee for the first time, or revising the methodology for the calculation of an Impact Fee, the County Administrator shall provide for notice to be published once in a newspaper of general circulation within the County providing: (A) a brief and general description 12 of the affected Impact Fee, (B) a description of the geographic area in which the Impact Fee will be collected; (C) the Impact Fee rates to be imposed for each Impact Fee Land Use Category for the applicable Impact Fee; and (D) the date of implementation of the Impact Fee rates set forth in the notice, which date shall not be less than ninety (90) days after the date of publication of the notice. SECTION 8. ADMINISTRATIVE EXPENSES. A new section 24-9 of the St. Lucie County Code is hereby adopted to read as follows: Section 24-9. ADMINISTRATIVE EXPENSES. The County or City, whichever entity is collecting the impact fee as applicable, may retain up to four (4) percent of all Impact Fees collected pursuant to this Chapter or the actual costs of administration and collection, whichever is less, as an Administrative Expense to defray the costs of collecting and administering the Impact Fees. SECTION 9. 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. 13 DULY ADOPTED this 19 day of April, 2022. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 9- P.7ycQ4-.... Chair Attest: Ao- (I CO -Dcp"}y Clerk _ m COUNTY, FLOR�OP APPROVED AS TO FORM: 14 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. 2022-010, which was filed in this office on April 27, 2022. Sincerely, Anya Owens Program Administrator ACO/mas