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HomeMy WebLinkAbout22-008ORDINANCE NO. 2022-008 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, REGARDING PARKS IMPACT FEES; AMENDING ARTICLE VI OF CHAPTER 24 OF THE ST. LUCIE COUNTY CODE REGARDING PARKS IMPACT FEES, INCLUDING SECTION 24-169 INTENTS, PURPOSES, AND LEGISLATIVE FINDINGS, SECTION 24-170 DEFINITIONS, SECTION 24-171 IMPOSITION OF PARKS IMPACT FEE, SECTION 24-172 COMPUTATION OF THE AMOUNT OF PARKS IMPACT FEE, SECTION 24-173 PAYMENT OF FEE, SECTION 24-175 CREDITS, SECTION 24-178 PARKS IMPACT FEE DISTRICTS CREATED, SECTION 24-180 USE OF FUNDS, SECTION 24-181 REFUND OF FEES PAID, SECTION 24-182 EXEMPTIONS, SECTION 24-183 APPEALS, SECTION 24-184 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 24-169 OF THE ST. LUCIE COUNTY CODE. Section 24-169 of the St. Lucie County Code, entitled Intents, purposes, and findings, is hereby amended as follows: Sec. 24-169. Intents, purposes, and findings. (a) This article is intended to implement and be consistent with the goals, objectives and policies of the county comprehensive plan. (b) The purpose of this article is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to provide parks 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 are , has sought to encourage local MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5032796 04/29/2022 03:14:35 PM 1 OR BOOK 4817 PAGE 885 - 908 Doc Type: ORDN RECORDING: $205.50 governments to enact impact fees as a part of their land development regulation program. (d) The park system of the county is designed and intended to provide recreational facilities and open space for all citizens of the county, in both unincorporated and incorporated areas. Therefore, placing a fair share of the burden of the cost of providing Gapital improvements Infrastructure and additions to the park system within municipal areas constitutes a county purpose. (e) All new residential construction within the county in both unincorporated and incorporated areas impacts the need for future improvements and expansions to the county park system. Accordingly, the provision by the county of expansions and additions to the FGg+eeal park system benefits all residents of the county, including residents of municipalities, and is in the best interest of the public's health, safety, and welfare. (f) Development necessitated by the growth contemplated in the Comprehensive Plan and the Parks Impact Fee Study will require Infrastructure improvements and additions to the Park System to accommodate the new development generated by such growth and maintain the standards of service provided by the Park System. (q) There is a rational nexus between future growth, as measured by new construction and the need to expand the Park 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 Park System. The Parks Impact Fees adopted herein for each Impact Fee Land Use Category are proportional to impact expected to be generated by new construction. (h) The Board has determined that ad valorem tax revenue and other revenues will not be sufficient to provide the Infrastructure improvements to the Park System that are necessary to accommodate new construction within the County. (i) The County has a responsibility to provide parks services within both the unincorporated and incorporated areas of the County. The Park System benefits all new construction occurring within the County, and, therefore the Parks Impact Fees shall be imposed throughout the County, including within municipalities. (j) Future growth should contribute its fair share to the cost of the Infrastructure improvements to the Park System that are required to accommodate the impact generated by such growth. (k) The required Infrastructure improvements to the Park System needed to eliminate any deficiencies shall be financed by revenues other than Parks Impact Fees. (1) The Board expressly finds that the Infrastructure improvements to the Park System to be funded by the Parks Impact Fee provide a benefit to all new construction within the County in excess of the Parks Impact FP_P_S_ (m) Implementation of the Parks 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. (n) The purpose of this Article is to require payment of Parks Impact Fees by those who engage in new construction and to provide for the cost of Infrastructure improvements to the Park System which are required to accommodate such growth. This Article shall not be construed to permit the collection of Parks Impact Fees in excess of the amount reasonably anticipated to offset the demand on the Park System generated by such applicable new construction. (o) The imposition of a Parks Impact Fee is to provide a source of revenue to fund the construction or improvement of the Park System necessitated by growth as delineated in the capital improvement element of the Comprehensive Plan. underline indicates additions; strikethrough indicates deletions] SECTION 2. AMENDMENT OF SECTION 24-170 OF THE ST. LUCIE COUNTY CODE. Section 24-170 of the St. Lucie County Code, entitled Definitions, is hereby amended as follows: Sec. 24-170. 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: Beach access area means an area developed to provide public access to waterfront recreation areas. Beach access areas include, but are not limited to, all accesses into the Atlantic Ocean; the Indian River Lagoon and its tributaries; the north fork of the St. Lucie River and its tributaries. buildings, and equipment, but eXG'udes maintenanGe and operation. Community park means parks that serve larger geographic areas of the County and provide a variety of passive and/or active recreation activities conveniently located for short-term visits. The park size will vary greatly but is distinguished primarily by the patrons using the park who are local residents from different neighborhoods. The service area for community parks generally extends up to 20 miles; they may be located in residential areas or be adjacent to schools or other community facilities to maximize use and share costs. Parking is provided on the site or at a shared location. Facilities may include restrooms, picnic tables and pavilions, athletic fields and courts (tennis basketball, softball, baseball) and a recreation center. Community parks on the water may have trails, piers, observation towers and canoe launches but do not have boat ramps. 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 24-172(a). Neighborhood Parks means parks that typically serve neighborhoods and mixed use centers in suburban or urban areas of the county. These parks are within walking or biking distance of the neighborhood or center they serve and amenities such as restrooms and parking may or may not be provided These parks are typically used by the residents in the immediate area. The amenities in these parks may include playgrounds, picnic areas, small community centers open space play and walking trails. Park system consists of regional recreation areas, special recreation areas, beach access areas and community parks and all associated recreational facilities and amenities located therein. The park system does not include neighborhood parks or private recreational facilities. Parks Impact Fee shall mean the Impact Fee imposed to fund growth - necessitated Infrastructure improvements to the Park System. Parks Impact Fee Study shall mean the portion of the Impact Fee Study adopted in Section 24-4 relating to the Parks Impact Fee. Private recreational facility means any recreational facility which is not owned by or dedicated to any governmental entity. Regional recreation area means parks that primarily serve the needs of an entire county or region but may vary in size. The use by residents and visitors from outside the county is generally due to the type(s) of facilities available and/or the activities which occur in these parks. These parks may be athletic complexes which host a variety of scheduled, organized sports such as baseball softball football and soccer. The fields are typically lighted and include restrooms and adequate parking for large crowds. The regional park may also contain a variety of recreational facilities such as picnic pavilions trails athletic fields, swimming pool and tennis or basketball courts but are differentiated from community parks because of the size number and requirement for scheduling use. Regional parks do not include Beach Access Areas or Special Recreation Areas. and leisureaGtiVitie$with A qP-' . Ge area of 60 milesororr rrnervre and a desirable Size -of -at least-100 aEreS AGtiV itieS may�]jiRGlorude, but arTc-rRG rmTite`�li.�to-b beating, fish"rRg, e'r GaFnpmg�ic-y�,�1king, or horse traiI . Special recreation area means an area designed for a single purpose or specific recreational and leisure activities that may include, but are not limited to: golf courses, conservatories, zoos, gun or archery ranges, outdoor theaters, historic sites, marinas, botanical gardens, environmental preserves, fairgrounds, athletic Gemplexes, or watersport facilities. underline indicates additions; strikethrou h indicates deletions] SECTION 3. AMENDMENT OF SECTION 24-171 OF THE ST. LUCIE COUNTY CODE. Section 24-171 of the St. Lucie County Code, entitled Imposition of Parks Impact Fee, is hereby amended as follows: Sec. 24-171. Imposition of parks impact fee. (a) Any person who, af*�"rc effeGtiye date of the ,w iGh this arti e is derived, seeks to develop land within the county by applying for the issuance of a building permit for one of the residential 1a use types specified in GeGtien 24-172 any land development designed or intended to permit a use of land which will contain more Dwelling units, Building 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 Park System or applies for an electrical permit for a mobile home park or recreational vehicle park shall be required to pay a parks 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 Parks 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 24-172. No building permit for any residential land use types specified in section 24- 172 nor electrical permit for a mobile home park or recreational vehicle park shall be issued unless and until the parks impact fee hereby required has been paid as provided in section 24-173. underline indicates additions; indicates deletions] SECTION 4. AMENDMENT OF SECTION 24-172 OF THE ST. LUCIE COUNTY CODE. Section 24-172 of the St. Lucie County Code, entitled Computation of the Amount of Parks Impact Fee, is hereby amended as follows: Sec. 24-172. Computation of the amount of parks impact fee. (a) At the tion of the feepayer, the amount oef the foe may be dete e`J by the f9IlGWinn fee schedule: All new construction occurring within the County shall pay the following Parks Impact Fee as a condition of issuance of a Building Permit or Electrical Permit, as provided in Section 24-171, for such construction: PARKS IMPACT FEE COUNTYWIDE ASSESSMENT Land Use Type Unit of Measure Impact Fee (as of 10/01 /2017) RESIDENTIAL Single-family Per unit $1,525.00 Mobile home/RV unit (park only) $959.00 Multifamily 1 and 2 floors Per unit $1,060.00 Multifamily 3+ floors $1,089.00 Hotel/motel Per room $940.00 Bed and breakfast (guest rooms) $940.00 All other residential Per unit $1,525.00 The fee schedule shown in this table is subject to annual revision based upon the provisions of section 24-184. On June 1 2022 the Parks 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 Parks Impact Fee rates as specified below, shall go into effect: CategoryLand Use Single Family Unit DU October 2022 .. Fee $1,920.38 Condominium DU $1,920.38 Multifamily 1-2 stories DU $1,713.38 Multifamily 3+ stories DU $1,713.38 Mobile Home DU $1,257.75 Other Residential Bed $889.43 Hotel Room $1,283.63 Motel Room $1,225.82 Bed & Breakfast Guest Room $1,173.11 On October 1 2023 the following Parks Impact Fee rates shall go into effect - Land Use ..Impact Single Family DU October I 2023 Fee $2,133.75 Condominium DU $2,133.75 Multifamily 1-2 stories DU $1,903.75 Multifamily 3+ stories DU $1,903.75 Mobile Home DU $1,397.50 Other Residential Bed $889.43 Hotel Room $1,426.25 Motel Room $1,309.65 Bed & Breakfast Guest Room $1,205.22 On October 1 2024 the following Parks Impact Fee rates shall go into effect: Other Residential Bed $889.43 Hotel Room $1,568.88 Motel Room $1,393.47 Bed & Breakfast Guest Room $1,205.22 On October 1 2025 the following Parks Impact Fee rates shall go into effect: Land Use ..Impact Single Family DU October 2025 Fee $2,560.50 Condominium DU $2,560.50 Multifamily 1-2 stories DU $2,284.50 Multifamily 3+ stories DU $2,284.50 Mobile Home DU $1,677.00 Other Residential Bed $889.43 Hotel Room $1,711.50 Motel Room $1,477.30 Bed & Breakfast Guest Room $1,205.22 (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 residential development activity for which a building permit or electrical permit for a mobile home park or recreational vehicle park which is being 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. eIeGtFiGaI permit for -Q-mobile he'rne park er ryea- ienalyeh2G'e park Y , M the foes set out in swhseGtien (a) of this sention are not appropriate fer his , the GOURty adMiRistrater may adjust the fee to that appropriate for the the same purposes and funGtiens as set forth fer regOE)Ral FeGreatien areas in the no, into nomprehensiye play (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, If 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. underline indicates additions; strikethre, soh indicates deletions] SECTION 5. AMENDMENT OF SECTION 24-173 OF THE ST. LUCIE COUNTY CODE. Section 24-173 of the St. Lucie County Code, entitled Payment of Fee, is hereby amended as follows: Sec. 24-173. Payment of fee. (a) The feepayer shall pay the fee to the county administrator as a condition of ,at aRy time prier to +he 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 parks 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 for part of a parks Infrastructure faEility that is consistent with the county's comprehensive plan ewe VilIage. (c) In addition, the construction or dedication of park Infrastructure faGilities or aGqLAOSdt*E)R of property for parks purposes must only be for purposes as set out in section 24-180. The developer shall submit a cost estimate certified by a registered state professional engineer, architect or landscape architect acceptable to the board of county commissioners or its designee. The board of county commissioners shall credit the cost of the construction of any parks Infrastructure improvement against the parks impact fee otherwise due. The portion of the fee represented by the parks Infrastructure shall be deemed paid when the construction or dedication is completed and accepted by the county or other appropriate governmental entity, muniGipality for maintenanGe or when adequate seGUrity for the Gernpletien of the GenStFUGtien has been provided. (d) In the event the developer proposes to dedicate or acquire unimproved property, the provisions of section 24-175(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. (e) If parks 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 parks impact fee shall be calculated according to the rate in effect at the time of payment, unless otherwise provided herein. (q) In the event the parks 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. underline indicates additions; strikethrou h indicates deletions] 10 SECTION 6. AMENDMENT OF SECTION 24-175 OF THE ST. LUCIE COUNTY CODE. Section 24-175 of the St. Lucie County Code, entitled Credits, is hereby amended as follows: Sec. 24-175. Credits. (a) Scope. Any person who shall commence any parks impact generating land development activity may apply for a credit against the required parks impact fee for any contribution, construction, or dedication of parks Infrastructure lam made by such person or a predecessor in interest and accepted and received by the county or other appropriate governmental entity, ageRG„ fGr parks faGi!itieS that are creditable pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in the county as required by a development order issued by the county,, +h onf Fr�Tno the Gity of Dorf St I i AGio or St I i Gio 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 parks impact fee. (b) General. Any person desiring a parks impact fee credit, who proposes to make any contribution, construction or dedication of a parks faEility Infrastructure that is consistent with the county's comprehensive plan er the adeptedoompreheRsivo plan off Ft. Dorf St I u Gio or St LGn�/ilVTllage 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 parks impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a parks impact fee credit, the final amount of the credit shall be determined upon the submission of a request for parks impact fee credit and the entering into of a formal parks impact fee credit agreement. (c) Relationship of parks impact fee to development of regional impact. Pursuant to F.S. § 380.06(465), the value of parkland and/or other park Gapital improvements Infrastructure required pursuant to a county OF city approved development order, except those deemed site -related, shall be credited against the parks impact fee. (d) General standards for issuing parks impact fee credit. Prior to the issuance of any credits against the parks impact fee, the person who made the contribution, payment, construction or dedication of parks and recreation faGi� lid Infrastructure shall enter into an impact fee credit 11 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 parks impact fee shall not be transferrable as a credit against other impact fees imposed for purposes other than parks. (2) if allowed by the cred+t—agreemen+,��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 parks impact fee. (4) No credit shall be given for dedications and park improvements dedicated or constructed before January 1, 1996. (e) Specific standards. Credits against parks impact fees otherwise payable shall be allowed only under the following conditions: (1) County need. The contribution, payment, construction or dedication shall meet a parks Eapital Infrastructure need identified in the county's comprehensive plan or in the adopted nomnrohonsiye plan of G+ P*eFGe, Port St. LUGie er St LUofe Village. No credit shall be given for Gapital improvements Infrastructure that does not meet a parks capital need identified in county's comprehensive plan Or !R the adopted GOrnprehen iva nlan of G+ DieFGo Dorf St. Lz�nGie or St. LUGie Village. (2) Site -related parks improvement. No credit shall be given for any site -related parks improvements or site -related parks dedications, unless it can be shown to the satisfaction of the county administrator through appropriate technical documentation that the site related improvement or property dedication provides for parks enhancements in excess of the impacts of the proposed development. Site -related parks improvements include, but are not limited to any facility development on the property defined in a final development order that is not considered to be a beach access area, special recreation area or regional recreation area as defined in this article. (3) Park property dedication. a. Credit for the dedication of non -site related park property 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 park property shall be provided when the property has been conveyed at no charge to, and accepted by, the county, Ft. Diorno, Pert St. LUGie er Qt. L61oie Villages in a manner satisfactory to the 12 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 24-176, 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 24-177; 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 parks or expansion of existing impact fee eligible parks 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 park 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 park construction. No property dedication credit request may include the consideration of any enhancement to the value of the property being dedicated as result of the overall project development. (4) Application procedure. Applicants for credit for construction of non -site related parks Infrastructure improvements shall submit documentation of the actual engineering and construction costs to the 13 county administrator or his designee. The county administrator or his designee shall determine credit for parks GenstruGtien Infrastructure 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. (5) 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 park property adjacent to any impact fee eligible park as described in subsection (e)(3) of this section, the developer shall first obtain an independent property appraisal as described in section 24-176 and provide the county administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in section 24-177. b. Except as provided below, credits for park 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 park 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. [underline indicates additions; indicates deletions] SECTION 7. AMENDMENT OF SECTION 24-178 OF THE ST. LUCIE COUNTY CODE. Section 24-178 of the St. Lucie County Code, entitled Parks Impact Fee Districts Created, is hereby amended as follows: 14 Sec. 24-178. Parks impact fee districts created. There are hereby established twe four parks impact fee districts as shown Rd geRerally deSGribed as folio •-• the GeRteF Of the of South 1 1 - . .O. .. the GeRterldReSto DOW .. .. 1� _ . 11 • .. _ .ON I ... • INA- - 11 MWO. .. .. • .. . ..M N-M 1 _ 1 I . _ . _ . P . WOM.. 1 1 I .. . - R A 15 recreation areas within the comprehensive plan of the county--and ids#+ed�n/athir'R the —teGhRiGai—m d rn titled "M Used to any---crcrca�a ��ca�v Update Library, PubliG Buildings, Park and ReGFeatiGR, and La ERfernement Impact Fees," dated QGteber 4, 2016by DF lames G. areas candor the jur4sdiGtiGR of the Gity efi Ft. PT8FGe, Port St. . LUGfC—d,t Parks Impact Fees shall not be used for maintenance or operation purposes. Such Infrastructure improvements shall be of the type made necessary by the county's growth and development. (b) Funds shall be Encumbered and expended in the order in which they are collected. All Parks Impact Fee funds EXGept for the „p to fe„r parks �aet feeshallbe used exclusively for 1. Identified parks sapi-tal Infrastructure improvements within the parks impact fee district from which funds were collected- or 2. 1=er Beach Access Area, Regional Recreation Areas or Special Recreation Area Infrastructure projects in any parks impact fee district; or 3. Parks Infrastructure improvements in an adjacent parks impact fee district in other dic+rir+c 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 parks Infrastructure, assigning funds, including any accrued interest, from the parks impact fee trust fund to specific park ,m#s projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same parks impact fee trust fund until the next fiscal period except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. underline indicates additions; strikethrou indicates deletions] SECTION 9. AMENDMENT OF SECTION 24-181 OF THE ST. LUCIE COUNTY CODE. Section 24-181 of the St. Lucie County Code, entitled Refund of Fees Paid, is hereby amended as follows: 17 Sec. 24-181. 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 —and —or collecting government entity, if not the county, shall retain its Administrative Expenses gC)VeFnmon+ entity. In order to receive a refund from impact fees paid on or after the effective date of the ordinance from which this article is derived, the request must be made within throe years of when the permit expired Ninety (90) days 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 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: 18 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; strike+hro i.,h indicates deletions] SECTION 10. AMENDMENT OF SECTION 24-182 OF THE ST. LUCIE COUNTY CODE OF. Section 24-182 of the St. Lucie County Code, entitled Exemptions, is hereby amended as follows: Sec. 24-182. Exemptions. The following shall be exempted wholly or in part from payment of the parks 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 parks 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 parks 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 parks will be produced over and above those produced by the original use of the land. 19 (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; strikethrough indicates deletions] SECTION 11. AMENDMENT OF SECTION 24-183 OF THE ST. LUCIE COUNTY CODE. Section 24-183 of the St. Lucie County Code, entitled Appeals, is hereby amended as follows: Sec. 24-183. 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 -heard- s dec+s ieshall , be final fer the pures�—o# 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. € 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 20 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 12. AMENDMENT OF SECTION 24-184 OF THE ST. LUCIE COUNTY CODE. Section 24-184 of the St. Lucie County Code, entitled Review and Automatic Adjustment of Fees, is hereby amended as follows: Sec. 24-184. Review. And a6lteFnatiG adjustment of fe The Impact Fee Study for the parks 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. .. - � s ._ •�.. 21 22 ■_. - --MINN... TM I -• XTZ •�_ underline indicates additions; strikethrou h indicates deletions] 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 22 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 24-172. (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 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; 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. 23 DULY ADOPTED this 19th day of April, 2022. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Gz— P. ?xQ4— —4F� Chair Attest: ZY co4f*� DeQ vJClerk 'o Ire - APPROVED AS TO FORM: coGNry FLO�`Or 24 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. 2022-008, 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