HomeMy WebLinkAbout22-005ORDINANCE NO. 2022-005
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
REGARDING LIBRARY IMPACT FEES; AMENDING
ARTICLE V OF CHAPTER 24 OF THE ST. LUCIE COUNTY
CODE REGARDING LIBRARY IMPACT FEES, INCLUDING
SECTION 24-127 INTENTS AND PURPOSES, SECTION 24-
128 DEFINITIONS, SECTION 24-129 IMPOSITION OF
LIBRARY IMPACT FEE, SECTION 24-130 COMPUTATION
OF THE AMOUNT OF LIBRARY IMPACT FEE, SECTION
24-131 PAYMENT OF FEE, SECTION 24-132 CREDITS,
SECTION 24-135 LIBRARIES IMPACT FEE DISTRICTS
CREATED, SECTION 24-137 USE OF FUNDS, SECTION
24-138 REFUND OF FEES PAID, SECTION 24-139
EXEMPTIONS, SECTION 24-140 APPEALS, SECTION 24-
141 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 24-127 OF THE ST. LUCIE
COUNTY CODE. Section 24-127 of the St. Lucie County Code, entitled Intents and
purposes, is hereby amended as follows:
Sec. 24-127. 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 libraries in the county
as contemplated by the county comprehensive plan.
(c) The state legislature, through the enactment of F.S. §§ 163.3202 and
163.31801, , has sought to encourage local governments to
enact impact fees as a part of their land development regulation program.
MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5032797 04/29/2022 03:14:35 PM
OR BOOK 4817 PAGE 909 - 931 Doc Type: ORDN
RECORDING: $197.00
(d) Development necessitated by the growth contemplated in the
Comprehensive Plan and the Libraries Impact Fee Study will require
Infrastructure improvements and additions to the Library System to
accommodate the new development generated by such growth and
maintain the standards of service provided by the Library System.
(e) There is a rational nexus between future growth, as measured by
new construction and the need to expand the Library System through the
acquisition and construction of new Buildings, equipment, collection items,
and other Infrastructure in order to maintain the standards of service
currently provided by the Library System. The Library 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 Library System that are necessary to accommodate new construction
within the County.
(q) The County has a responsibility to provide library services within both
the unincorporated and incorporated areas of the County. The Library
System benefits all new construction occurring within the County, and,
therefore the Library 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 Library System that are required to
accommodate the impact generated by such growth.
(i) The required Infrastructure improvements to the Library System
needed to eliminate any deficiencies shall be financed by revenues other
than Library Impact Fees.
(j) The Board expressly finds that the Infrastructure improvements to
the Library System to be funded by the Library Impact Fee provide a benefit
to all new construction within the County in excess of the Library Impact
Fees.
(k) Implementation of the Library 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.
(I) The purpose of this Article is to require payment of Library Impact
Fees by those who engage in new construction and to provide for the cost
of Infrastructure improvements to the Library System which are required to
accommodate such growth. This Article shall not be construed to permit the
collection of Library Impact Fees in excess of the amount reasonably
anticipated to offset the demand on the Library System generated by such
applicable new construction.
(m) The imposition of a Library Impact Fee is to provide a source of
revenue to fund the construction or improvement of the Library System
necessitated by growth as delineated in the capital improvement element of
the Comprehensive Plan.
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SECTION 2. AMENDMENT OF SECTION 24-128 OF THE ST. LUCIE COUNTY
CODE. Section 24-128 of the St. Lucie County Code, entitled Definitions, is hereby
amended as follows:
Sec. 24-128. 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:
,
;;nrl Ather similar imbrary media with an expeGted useful life of two yeaFs
Gharged with providing library seFViGeG tO the entirety ef the GeLAnty,
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 for a type of land
development activity specified in section 24-130.
Library Impact Fee shall mean the Impact Fee imposed to fund growth -
necessitated Infrastructure improvements to the Library System.
Library Impact Fee Study shall mean the portion of the Impact Fee Study
adopted in Section 24-4 relating to the Library Impact Fee.
Library System shall mean the Buildings equipment, collection items, and
other Infrastructure that is used to provide library services within the County.
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SECTION 3. AMENDMENT OF SECTION 24-129 OF THE ST. LUCIE COUNTY
CODE. Section 24-129 of the St. Lucie County Code, entitled Imposition of library
impact fee, is hereby amended as follows:
Sec. 24-129. Imposition of library impact fee.
(a) Any person who, after the he a#eGtiye hate of the erdinaRGe from which
this aFtiole is derived, seeks to develop land by applying for the issuance of
a building permit for Gne of the residential land use types specified in seGtio
2-4-130-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 Library System or applies for an
electrical permit for a mobile home park or recreational vehicle park shall
be required to pay a library 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 Library 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 24-130. No
building permit for any residential land use type specified in section 24-130
nor electrical permit for a mobile home park or recreational vehicle park
shall be issued unless and until the library impact fee hereby required has
been paid as provided in section 24-131.
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SECTION 4. AMENDMENT OF SECTION 24-130 OF THE ST. LUCIE COUNTY
CODE. Section 24-130 of the St. Lucie County Code, entitled Computation of the
amount of library impact fee, is hereby amended as follows:
Sec. 24-130. Computation of the amount of library impact fee.
(a) At the ^mien of the fepNN``^^�yaME)U„ effthe fee -n ab/- -be
determiR IGWORo fee
`"'oGedule. All new construction occurring
within the County shall pay the following Library Impact Fee as a condition
of issuance of a Building Permit or Electrical Permit, as provided in Section
24-129, for such construction:
LIBRARIES LIBRARY IMPACT FEE
COUNTYWIDE ASSESSMENT
Land Use Type
Unit of
Measure
Impact Fee
(as of
10/01 /2017)
RESIDENTIAL
Single-family
Per unit
$261.94
Mobile home/RV unit park only
Per unit
$164.76
Multifamily'/2 floors
Per unit
$182.10
Multifamily 3+ floors
Per unit
$187.04
Hotel/motel
Per room
$0.00
Bed and breakfast (guest rooms)
$0.00
All other residential
Per unit
$261.94
Fee includes annual CPI adjustments since original fee adoption in 2000.
On June 1 2022 the Library 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
Library Impact Fee rates as specified below, shall go into effect:
October
CategoryLand Use
' 22
Impact
Single Family
DU
Fee
$305.97
Condominium
DU
$300.17
Multifamily 1-2 stories
DU
$216.00
Multifamily 3+ stories
DU
$221.63
Mobile Home
DU
$193.94
Other Residential
Bed
$129.06
On October 1 2023 the following Library Impact Fee rates shall go into effect:
Single Family
DU
$335.95
Condominium
DU
$324.35
Multifamily 1-2 stories
DU
$240.00
Multifamily 3+ stories
DU
$246.25
Mobile Home
DU
$213.89
Other Residential
Bed
$129.06
On October 1 2024 the following Library Impact Fee rates shall go into effect:
October
CategoryLand Use
' 24
Impact
Single Family
DU
Fee
$365.92
Condominium
DU
$348.52
Multifamily 1-2 stories
DU
$264.00
Multifamily 3+stories
DU
$270.88
Mobile Home
DU
$233.83
Other Residential
Bed
$129.06
On October 1 2025 the following Library Impact Fee rates shall go into effect:
October
CategoryLand Use
'
Impact25
Single Family
DU
Fee
$395.89
Condominium
DU
$372.69
Multifamily 1-2 stories
DU
$288.00
Multifamily 3+ stories
DU
$295.50
Mobile Home
DU
$253.78
Other Residential
Bed
$129.06
(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.
(bc) If the type of development activity for which a building permit or an
electrical permit for a mobile home park or recreational vehicle park is
applied for is not specified on the above fee schedule, the county
administrator shall use the fee applicable to the most nearly comparable
type of land use on the above fee schedule. If the County Administrator
determines that there is no comparable type of land use on the above fee
schedule then the County Administrator shall 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.
(G) The person applying for the isswanGe of a building permit or an
eleGtFiGal permit fer a mobile herne park or FeGreatiE)Ral ve-h!Gle paFk May, at
f�p�+ et out in subsea ' sea+inn ar t appropriate for_�is
TGGJ� GG �JG 6'CTOTr—QT'GT7GTR�7F7f4r7TTGiZts' ��1 `IIIJ
,
the GE)unty administrater may adjust the fee to that appropriate fer the
paFtir„Inr rdeyelonrnent
(d) The county administrator shall determine the applicable land use
type.
(ee) 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, a previous use has been either abandoned or otherwise inactive
for a period of two consecutive years prior to the request for issuance of a
building permit, electrical permit for recreational vehicle parks or mobile
home parks or zoning compliance certificate, the impact fee calculated shall
be based upon the new use with an adjustment for any impact fees paid for
the previous use.
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SECTION 5. AMENDMENT OF SECTION 24-131 OF THE ST. LUCIE COUNTY
CODE. Section 24-131 of the St. Lucie County Code, entitled Payment of Fee, is
hereby amended as follows:
Sec. 24-131. Payment of fee.
(a) The feepayer shall pay the fee to the county administrator as a
condition of at any time p
rier to the 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 library 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 to meet fop part of a library Infrastructure need
faGilit that is consistent with the county's comprehensive plan erthe
Vie.
(c) In addition, the construction or dedication of library Infrastructure
farms 'li must only be for
purposes as set out in section 24-132. The board of county commissioners
shall credit the cost of the library improvement against the library impact fee
otherwise due. The portion of the fee represented by the construction or
property dedication of library #aeries Infrastructure shall be deemed paid
when the construction or dedication is completed and accepted by the
county for maintenance or when adequate security for the completion of the
construction has been provided.
(d) In the event the developer proposes to dedicate or acquire
unimproved property, the provisions of section 24-132(e)(2) 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.
(e) If library 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.
(f) The library impact fee shall be calculated according to the rate in
effect at the time of payment unless otherwise provided herein.
(g) In the event the library 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.
(h) 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.
(i) The obligation for payment of the Impact Fees shall run with the land.
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SECTION 6. AMENDMENT OF SECTION 24-132 OF THE ST. LUCIE COUNTY
CODE. Section 24-132 of the St. Lucie County Code, entitled Credits, is hereby
amended as follows:
Sec. 24-132. Credits.
(a) Scope. Any person who shall commence any libraries impact
generating land development activity may apply for a credit against the
required libraries impact fee for any contribution, construction, or dedication
of land made by such person or a predecessor in interest and accepted and
received by the county for libraries Gapital improvement Infrastructure that
is creditable pursuant to this section. Consistent with the standards of this
section, an application may be made for credit for any contribution,
construction or dedication made in the county as required by a development
order issued by the county, the Gity of Fort ReFGe the City of Dort St I wl ie
eF St. LUe+c 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 libraries impact fee.
(b) General. Any person desiring a libraries impact fee credit, who
proposes to make any contribution, construction or dedication of a libraries
Gapital Infrastructure that is consistent with the county's
comprehensive plan pFchensi„e plan of Ft Die FGe PG
St. LUGie or St—LUe+e Village, 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 libraries impact fee credit. Upon
the determination by the board that the proposed contribution, construction
or dedication is eligible for a libraries impact fee credit, the final amount of
the credit shall be determined upon the submission of a request for libraries
impact fee credit and the entering into of a formal libraries impact fee credit
agreement.
(c) Relationship of libraries impact fee to development of regional
impact. Pursuant to F.S. § 380.06(4,6fi), the value of library land and/or other
library Gapital improvements Infrastructure required pursuant to a county er
city -approved development order shall be credited against the libraries
impact fee.
(d) General standards for issuing libraries impact fee credit. Prior to the
issuance of any credits against the libraries impact fee, the person who
made the contribution, payment, construction or dedication of a library
Gapital 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 libraries impact fee shall not be transferrable as a credit against other
impact fees imposed for purposes other than libraries.
(2) Credits may be assigned to successors in interest; provided
the county receives a copy of the written agreement signed by both the
assignor and the assignee that has been recorded in the public records of
the county.
(3) No credit shall exceed the amount due for the libraries impact
fee.
(4) No credit shall be given for dedications and library
improvements dedicated or constructed before January 1, 1996.
(e) Specific standards. Credits against libraries impact fees otherwise
payable shall be allowed only under the following conditions.
(1) County need. The contribution, payment, construction or
dedication shall meet a libraries capital need identified in the county's
comprehensive plan or in the adepted GeMpFelleRsive plan of Ft. DieFGe,
Pert St. LW oio�t_L.E*e Village. No credit shall be given for Infrastructure
that does not meet a libraries capital need identified
in the county's comprehensive plan or On the adopted Gornprehensive plan
ofot. rGee Dorf St. LUGie or Stm Ii Gio Village.
(2) Library property dedication.
a. Credit for the dedication of property for library uses
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 library 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 board
of county commissioners.
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
24-134, 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 24-135; provided that in the event the value
10
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, property for any planned
nonexisting libraries or expansion of existing impact fee eligible
libraries as described in this section 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 library 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 library 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
libraries improvements shall submit documentation of the actual
engineering and construction costs to the county administrator or his
designee. The county administrator or his designee shall determine credit
for libraries 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 library property adjacent to any
impact fee eligible library use as described in subsection (e)(2) of this
section, the developer shall first obtain an independent property
11
appraisal as described in section 24-134 and provide the county
administrator with a copy of the appraisal. The county administrator
may obtain a review appraisal as described in section 24-134.
b. Except as provided below, credits for library 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 library 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.
(q) 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.
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SECTION 7. AMENDMENT OF SECTION 24-135 OF THE ST. LUCIE COUNTY
CODE. Section 24-135 of the St. Lucie County Code, entitled Libraries Impact Fee Districts
Created, is hereby amended as follows:
Sec. 24-135. Libraries impact fee districts created.
There is hereby established two libraries impact fee districts as shown in
•- •
Disk4GtA. All of the GOURty, less the fellewing:
ter of the of South 25th Street and West R �ad
the �St. LY.Gme Rive.
im
12
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SECTION 8. AMENDMENT OF SECTION 24-137 OF THE ST. LUCIE COUNTY
CODE. Section 24-137 of the St. Lucie County Code, entitled Use of Funds, is
hereby amended as follows:
Sec. 24-137. Use of funds.
(a) Except for allowable Administrative Expenses, all
funds collected from library impact fees shall be used solely
for the purpose of Infrastructure improvements to the Library
System 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. Library 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) Funds shall be Encumbered and expended in the order
in which they are collected. All Library Impact Fee funds shall
be used exclusively for 1. identified library Infrastructure
improvements within the library impact fee district from which
funds were collected; or 2. library Infrastructure improvements
in an adjacent library impact fee district which are of direct
benefit to the district from which the funds were collected.
(c) Each July the county administrator shall present to the
board of county commissioners a proposed capital
improvement program for library Infrastructure assigning
funds including any accrued interest, from the several special
revenue funds to specific library projects and related
expenses. Monies including any accrued interest, not
assigned in any fiscal year shall be retained in the same
library impact fee trust fund until the next fiscal year, except
as provided by the refund provisions of this article.
. ;teFIGGal agreements ��iit�te.. governing bed+es efthe
mi ninip lido in the not inty to ensU ire proper use of the funds
r.Allerte d pursuant ant to this artinle
14
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SECTION 9. AMENDMENT OF SECTION 24-138 OF THE ST. LUCIE COUNTY
CODE. Section 24-138 of the St. Lucie County Code, entitled Refund of Fees Paid,
is hereby amended as follows:
Sec. 24-138. 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 ardor collecting
government entity, if not the county, shall retain its Administrative
15
Expenses.
geVernmon+ eRtity. In order to receive a refund from impact fees paid on or
after the effective date of the ordinance from which this article is derived,
the request must be made within three years ninety (90) days of `",heR the
permit expired of the expiration of the Building Permit. 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 Buildinq 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 library 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.
16
(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.
17
(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.
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SECTION 10. AMENDMENT OF SECTION 24-139 OF THE ST. LUCIE
COUNTY CODE. Section 24-139 of the St. Lucie County Code, entitled Exemptions, is
hereby amended as follows:
Sec. 24-139. Exemptions.
The following shall be exempted wholly or in part from payment of the library
impact fee:
(1) Alteration or expansion of an existing building where no additional
units are created, the use is not changed, and where no additional need for
libraries will be produced over and above that produced by the existing use.
(2) The construction of accessory buildings or structures which will not
produce additional need for libraries 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 January 1, 1996, with a new building or
structure of the same or a different use; provided that no additional need for
libraries 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.
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SECTION 11. AMENDMENT OF SECTION 24-140 OF THE ST. LUCIE
COUNTY CODE. Section 24-140 of the St. Lucie County Code, entitled Appeals, is
hereby amended as follows:
Sec. 24-140. 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 beard's d8GO ien shall be final for the purpesn n
.,dMinistrati„n 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.
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SECTION 12. AMENDMENT OF SECTION 24-141 OF THE ST. LUCIE
COUNTY CODE. Section 24-141 of the St. Lucie County Code, entitled Review and
Automatic Adjustment of Fees, is hereby amended as follows:
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Sec. 24-141. Review and automator. adjustment of fees.
The Impact Fee Study for the library 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.
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SECTION 13. 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 14(d), notwithstanding the implementation dates specified in Section
24-130.
(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.
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SECTION 14. 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 of Ordinances; 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 13 hereof.
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DULY ADOPTED this 19th day of April, 2022.
Attest:
APPROVED AS TO FORM:
ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS
GL P.
Chair
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RON DESANTIS LAUREL M. LEE
Governor Secretary of State
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. 2022-005, which was filed in this office on April 27,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/mas
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270