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HomeMy WebLinkAbout22-028ORDINANCE NO. 2022-028 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, REGARDING FIRE/EMS PROTECTION IMPACT FEES; AMENDING CHAPTER 24 OF THE ST. LUCIE COUNTY CODE RELATING TO FIRE/EMS PROTECTION IMPACT FEES; AMENDING SECTION 24-4 OF THE ST. LUCIE COUNTY CODE ADOPTION OF IMPACT FEE STUDY; AMENDING ARTICLE III OF CHAPTER 24 OF THE ST. LUCIE CODE OF ORDINANCES REGARDING FIRE/EMS PROTECTION IMPACT FEES, INCLUDING SECTION 24-52 INTENTS AND PURPOSES, SECTION 24-53 DEFINITIONS, SECTION 24-54 IMPOSITION OF FIRE/EMS PROTECTION IMPACT FEE, SECTION 24-55 COMPUTATION OF THE AMOUNT OF FIRE/EMS PROTECTION IMPACT FEE, SECTION 24-56 PAYMENT OF FEE, SECTION 24-57 CREDITS, SECTION 24-62 USE OF FUNDS, SECTION 24- 63 REFUND OF FEES PAID, SECTION 24-64 EXEMPTIONS, SECTION 24-65 APPEALS, SECTION 24-66 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 2404 OF THE ST. LUCIE COUNTY CODE. Section 24-4 of the St. Lucie County Code, entitled Adoption of Impact Fee Study, is hereby amended 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, and "Update of the St. Lucie County Fire and Rescue Impact Fee," May 10 2022, by James C. Nicholas, 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 -110r710 rr, D- nWMZM 0pm zX occi c�Wmzm 6s�o 01 0F aD�OCr omN1- N n N m 00 LnN o 0 o m n M n o S X 1 z n 0 C X Impact Fee Study is on file with the office of the County Administrator and available for public inspection. underline indicates additions; strikethreu h indicates deletions] SECTION 2. AMENDMENT OF SECTION 24-52 OF THE ST. LUCIE COUNTY CODE. Section 24-52 of the St. Lucie County Code, entitled Intents and Purposes, is hereby amended as follows: Sec. 24-52. 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 Fire/EMS protection and services in the county. (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. (d) The St. Lucie County Fire District was created as an independent special taxing district pursuant to Chapter 2004-407, Laws of Florida, as amended to provide fire prevention, fire suppression, emergency medical services rescue and other duties and responsibilities within St. Lucie County, including all incorporated and unincorporated areas. (e) The St. Lucie County Fire District Board of Commissioners procured the Fire/EMS Protection Impact Fee Study and, pursuant to Resolution No. 724-22 the St. Lucie County Fire District Board of Commissioners adopted and approved that study, as subsequently amended in April 2022, and requested that the St. Lucie County Board of County Commissioners amend the St. Lucie County Code to implement the study. (f) Development necessitated by the growth contemplated in the Comprehensive Plan and the Fire/EMS Protection Impact Fee Study will require Infrastructure improvements and additions to the Fire/EMS Protection System to accommodate the new development generated by such growth and maintain the standards of service provided by the Fire/EMS Protection System. (q) There is a rational nexus between future growth, as measured by new construction and the need to expand the Fire/EMS Protection System through the acquisition and construction of new Buildings apparatus, equipment and other Infrastructure in order to maintain the standards of 2 service currently provided by the District's Fire/EMS Protection System. The Fire/EMS Protection Impact Fees adopted herein for each Impact Fee Land Use Category are proportional to impact expected to be generated by new construction. (h) The District has determined and so advised the County that ad valorem tax revenue and other revenues will not be sufficient to provide the Infrastructure improvements to the Fire/EMS Protection System that are necessary to accommodate new construction within the County. (i) The District has a responsibility to provide Fire/EMS Protection services within both the unincorporated and incorporated areas of the County. The Fire/EMS Protection System benefits all new construction occurring within the County, and therefore the Fire/EMS Protection 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 Fire/EMS Protection System that are required to accommodate the impact generated by such growth. (k) The required Infrastructure improvements to the Fire/EMS Protection System needed to eliminate any deficiencies shall be financed by revenues other than Fire/EMS Protection Impact Fees. (1) Based on the input and information provided by the District, the Board expressly finds that the Infrastructure improvements to the Fire/EMS Protection System to be funded by the Fire/EMS Protection Impact Fee provide a benefit to all new construction within the County in excess of the Fire/EMS Protection Impact Fees. (m) Implementation of the Fire/EMS Protection 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 Fire/EMS Protection Impact Fees by those who engage in new construction and to provide for the cost of Infrastructure improvements to the Fire/EMS Protection System which are required to accommodate such growth. This Article shall not be construed to permit the collection of Fire/EMS Protection Impact Fees in excess of the amount reasonably anticipated to offset the demand on the Fire/EMS Protection System generated by such applicable new construction. (o) The imposition of a Fire/EMS Protection Impact Fee is to provide a source of revenue to fund the construction or improvement of the Fire/EMS Protection System necessitated by growth. underline indicates additions; strikethreugh indicates deletions] SECTION 3. AMENDMENT OF SECTION 24-53 OF THE ST. LUCIE COUNTY CODE. Section 24-53 of the St. Lucie County Code, entitled Definitions, is hereby amended as follows: Sec. 24-53. 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: Capital improvement !RG'udes, but *6 RE)t limited te, site plaRRORg, Iand eqUiprneRt and GeMMURiGations faGilitieS with a useful life of two er mere District or Fire District means the St. Lucie County Fire District, an independent special taxing district created by Chapter 2004-407, Laws of Florida as amended to provide fire prevention, fire suppression, emergency medical services rescue and other duties and responsibilities within St. Lucie County, including all incorporated and unincorporated areas. Feepayer or Applicant means a person commencing a land development activity by applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park or for a type of land development activity specified in section 24-55. Fire/EMS Protection Impact Fee means the Impact Fee imposed to fund growth -necessitated Infrastructure for the Fire/EMS Protection System. Fire/EMS Protection Impact Fee Study means the study entitled "Update of the St. Lucie County Fire and Rescue Impact Fee," May 10, 2022, by James C. Nicholas which is adopted in Section 24-4. Fire/EMS Protection System means the Buildings, vehicles, apparatus, and capital equipment provided by the District that are used to provide fire prevention fire suppression emergency medical services, rescue, and other duties and responsibilities of the District within the County. underline indicates additions; strikethrough indicates deletions] n SECTION 4. AMENDMENT OF SECTION 24-54 OF THE ST. LUCIE COUNTY CODE. Section 24-54 of the St. Lucie County Code, entitled Imposition of Fire/EMS Protection Impact Fee, is hereby amended as follows: Sec. 24-54. Imposition of Fire/EMS Protection impact fee. (a) Any person who; after the effeGtiye date of the erdinanGe from whinh this rtiGle i derived , seeks to develop land by applying mrvu�-ccrc-rS a-� rry for the issuance of a building permit for one of the land use types SpeGifiort in S Gt�24-55 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 Fire/EMS Protection System or applies for an electrical permit for a mobile home park or recreational vehicle park, shall be required to pay a Fire/EMS Protection 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 Fire/EMS Protection 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 24-55. No building permit for any land use types specified in section 24-55 nor electrical permit for a mobile home park or recreational vehicle park shall be issued unless and until the Fire/EMS Protection impact fee hereby required has been paid as provided in section 24-56. underline indicates additions; strikethreugh indicates deletions] SECTION 5. AMENDMENT OF SECTION 24-55 OF THE ST. LUCIE COUNTY CODE. Section 24-55 of the St. Lucie County Code, entitled Computation of the Amount of Fire/EMS Protection Impact Fee, is hereby amended as follows: Sec. 24-55. Computation of the amount of Fire/EMS Protection impact fee. (a) At the ontiGR of the feepayer, the ameUIRt of the fee may be determined by thefollow e SGhedule. All new construction occurring within the County shall pay the following Fire/EMS Protection Impact Fee as a condition of issuance of a Building Permit or Electrical Permit, as provided in Section 24-54, for such construction: 5 FIRE/EMS PROTECTION IMPACT FEE COUNTYWIDE ASSESSMENT Land Use Type Unit of Measure Impact Fee (as of 08/01 /2017) RESIDENTIAL Single-family Per unit $617.00 Mobile home/RV (MHP/RV park only) Per unit 267.00 Multi -family 1 and 2 story Per unit 402.00 Multi -family 3+ stories Per unit 724.00 Hotel/motel Per room 639.00 Bed and breakfast (Does not include the primary residence. Single-family unit fee must also be assessed for the residential portion of use) Per room 639.00 All other residential Per unit 617.00 OFFICE AND FINANCIAL Medical office Per 1,000 feet2 618.00 Other office Per 1,000 feet2 618.00 RETAIL TRADE Under 100,000 feet2 Per 1,000 feet2 496.00 100,000-499,000 feet2 Per 1,000 feet2 496.00 500,000 feet2 and over Per 1,000 feet2 496.00 GASOLINE SERVICES Service station Per 1,000 feet2 319.00 INDUSTRIAL Warehouse Per 1,000 feet2 50.00 Truck terminal Per 1,000 feet2 70.00 General industrial Per 1,000 feet2 70.00 INSTITUTIONAL School —Elementary Per 1,000 feet2 537.00 School—Middle/high Per 1,000 feet' 537.00 Day care center Per 1,000 feet2 537.00 Fraternal organization Per 1,000 feet2 537.00 Hospital Per 1,000 feet2 537.00 Nursing home Per bed 0.00 Library Per 1,000 feet2 537.00 RECREATIONAL Park public Per acre 510.00 Recreation facility —All types Per 1,000 feet2 510.00 Golf course Per acre 510.00 Movie theater Per 1,000 feet2 510.00 Note: The fee schedule shown in this table is subject to annual revision based upon the provisions of section 24-66 of this article. On October 1 2022 the Fire/EMS Protection Impact Fee, as specified below, for any Impact Fee Land Use Category that is decreasing shall go into effect. On January 1, 2023, the remaining Fire/EMS Protection Impact Fee rates, as specified below, shall go into effect: FIRE/EMS PROTECTION IMPACT FEES COUNTYWIDE ASSESSMENT LAND USE TYPE - (UNIT) January 1, 2023 Impact Fee Single Family — Per dwelling $650 Mobile Home/Rec. Vehicle — Per space $324 Multi -Family 1 & 2 Story - Per dwelling $469 Multi -Family 3 + Stories - Per dwelling $637 Hotel/Motel - Per Room $763 Bed & Breakfast - Per Room $763 All Other Residential - Per bed $650 7 General Office — Per 1,000 FT2: $685 Medical Office - Per 1,000 FT2: $685 Retail Under 100,000 FT2 - Per 1,000 FT $578 Retail 100,000-499,999 FT - Per 1,000 FT $578 Retail 500,000 & Over - Per 1,000 FT $578 Service Station - Per 1,000 FT $388 Warehouse - Per 1,000 FT $56 Truck Terminal - Per 1,000 FT $58 General Industrial - Per 1,000 FT $84 School - Elem. - Per 1,000 FT $629 School - Middle/High - Per 1,000 FT $629 Day Care - Per 1,000 FT $629 Fraternal Org.- Per 1,000 FT $629 Hospital - Per 1,000 FT $629 Nursing Home - Per 1,000 FT $1,513 Library - Per 1,000 FT $629 Park (Public) - Per Acre $230 Recreation Facility - Per 1,000 FT $230 Golf Course - Per Acre $230 Movie Theatres - Per 1,000 FT $230 On January 1 2024 the following Fire/EMS Protection Impact Fee rates shall go into effect: FIRE/EMS PROTECTION IMPACT FEES COUNTYWIDE ASSESSMENT LAND USE TYPE - (UNIT) January 1, 2024 Impact Fee Single Family - Per dwelling $650 Mobile Home/Rec. Vehicle - Per space $360 Multi -Family 1 & 2 Story - Per dwelling $502 Multi -Family 3 + Stories - Per dwelling $637 Hotel/Motel - Per Room $834 Bed & Breakfast - Per Room $834 All Other Residential - Per bed $650 General Office — Per 1,000 FT' $702 Medical Office - Per 1,000 FT $702 Retail Under 100,000 FT - Per 1,000 FT $621 Retail 100,000-499,999 FT2 - Per 1,000 FT $621 Retail 500,000 & Over - Per 1,000 FT $621 Service Station - Per 1,000 FT $431 Warehouse -Per 1,000 FT $58 Truck Terminal - Per 1,000 FT $58 General Industrial — Per 1,000 FT $91 School - Elem. - Per 1,000 FT $676 School - Middle/High - Per 1,000 FT $676 Day Care - Per 1,000 FT $676 Fraternal Org. - Per 1,000 FT $676 Hospital - Per 1,000 FT $676 Nursing Home - Per 1,000 FT $3,026 Library - Per 1,000 FT $676 Park (Public) - Per Acre $230 Recreation Facility - Per 1,000 FT $230 Golf Course - Per Acre $230 Movie Theatres - Per 1,000 FT $230 On January 1 2025 the following Fire/EMS Protection Impact Fee rates shall go into effect: FIRE/EMS PROTECTION IMPACT FEES COUNTYWIDE ASSESSMENT LAND USE TYPE - (UNIT) January 1, 2025 Impact Fee Single Family - Per dwelling $650 Mobile Home/Rec. Vehicle - Per space $396 Multi -Family 1 & 2 Story - Per dwelling $502 Multi -Family 3 + Stories - Per dwelling $637 Hotel/Motel - Per Room $905 Bed & Breakfast - Per Room $905 All Other Residential - Per bed $650 General Office — Per 1,000 FTz $702 Medical Office - Per 1,000 FT $702 Retail Under 100,000 FT - Per 1,000 FT $621 Retail 100,000-499,999 FT - Per 1,000 FT $621 Retail 500,000 & Over - Per 1,000 FT $621 Service Station - Per 1,000 FT $474 Warehouse -Per 1,000 FT $58 Truck Terminal - Per 1,000 FT $58 General Industrial — Per 1,000 FT $91 School - Elem. - Per 1,000 FTz $676 School - Middle/High - Per 1,000 FT $676 Day Care - Per 1,000 FT $676 Fraternal Org. - Per 1,000 FT $676 Hospital - Per 1,000 FT $676 Nursing Home - Per 1,000 FT $3,026 Library - Per 1,000 FT $676 Park (Public) - Per Acre $230 Recreation Facility - Per 1,000 FT $230 Golf Course - Per Acre $230 Movie Theatres - Per 1,000 FT $230 On January 1 2026 the following Fire/EMS Protection Impact Fee rates shall go into effect: FIRE/EMS PROTECTION IMPACT FEES COUNTYWIDE ASSESSMENT LAND USE TYPE - (UNIT) January 1, 2026 Impact Fee Single Family - Per dwelling $650 10 Mobile Home/Rec. Vehicle - Per space $432 Multi -Family 1 & 2 Story - Per dwelling $502 Multi -Family 3 + Stories - Per dwelling $637 Hotel/Motel - Per Room $976 Bed & Breakfast - Per Room $976 All Other Residential - Per bed $650 General Office — Per 1,000 FT $702 Medical Office - Per 1,000 FT $702 Retail Under 100,000 FT - Per 1,000 FT $621 Retail 100,000-499,999 FT - Per 1,000 FT $621 Retail 500,000 & Over - Per 1,000 FT $621 Service Station - Per 1,000 FT $518 Warehouse - Per 1,000 FT $58 Truck Terminal - Per 1,000 FT $58 General Industrial — Per 1,000 FT $91 School - Elem. - Per 1,000 FT $676 School - Middle/High - Per 1,000 FT $676 Day Care - Per 1,000 FT $676 Fraternal Org. - Per 1,000 FT $676 Hospital - Per 1,000 FT $676 Nursing Home - Per 1,000 FT $3,026 Library - Per 1,000 FT $676 Park (Public) - Per Acre $230 Recreation Facility - Per 1,000 FT $230 Golf Course - Per Acre $230 Movie Theatres - Per 1,000 FT $230 (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. (cb) If the type of development activity for which a building permit or electrical permit for a mobile home park or recreational vehicle park is 11 applied is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land development on the above fee schedule. If the county administrator determines that there is no comparable type of land use on the above fee schedule then the county administrator shall calculate the appropriate Impact Fees utilizing the methodology contained in the applicable Impact Fee Study. The County Administrator shall utilize as a standard in this determination the impact assumed in the most similar Impact Fee Land Use Category or any other generally accepted standard source of planning and cost impact analysis. (d) The county administrator shall determine the applicable land use type. (e) In the case of a change of use redevelopment, or modification of an existing use which requires the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. If, however, the previous use has been either abandoned or otherwise inactive for a period of two consecutive years prior to the request for the issuance of a building permit electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate then the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use. .. .. .. .. .- - -- -• .. -- underline indicates additions; stFikethreug-h indicates deletions] SECTION 6. AMENDMENT OF SECTION 24-56 OF THE ST. LUCIE COUNTY CODE. Section 24-56 of the St. Lucie County Code, entitled Payment of Fee, is hereby amended as follows: 12 Sec. 24-56. Payment of fee. (a) The feepayer shall pay the fee to the county administrator as a condition of at aRy 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 Fire/EMS Protection impact fee, the county administrator may accept an alternative impact fee pursuant to Section 24- 6 or the board of eeuntfire the district may accept the offer by a developer to construct, dedicate or acquire property or equipment for the purpose of meeting the capital public building needs of the fire district that is consistent with the county's comprehensive plan or the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. (c) In the event the developer proposes to dedicate or acquire unimproved property or equipment, the provisions of section 24-57(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 fire district or other appropriate governmental entity. (d) If Fire/EMS Protection impact fees are owed, no development permits of any type may be issued for the building or structure in question while the fee remains unpaid. The county administrator may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees. (e) The Fire/EMS Protection impact fee shall be calculated according to the rate in effect at the time of payment, unless otherwise provided herein. (f) In the event the Fire/EMS Protection 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. (g) The payment of the Impact Fees shall be in addition to all other fees, charges or assessments due for the issuance of a Certificate of Occupancy or Building Permit. (h) The obligation for payment of the Impact Fees shall run with the land. [underline indicates additions; strikethrou h indicates deletions] SECTION 7. AMENDMENT OF SECTION 24-57 OF THE ST. LUCIE COUNTY CODE. Section 24-57 of the St. Lucie County Code, entitled Credits, is hereby amended as follows: 13 Sec. 24-57. Credits. (a) Scope. Any person who shall commence any Fire/EMS Protection impact generating land development activity may apply for a credit against the required Fire/EMS Protection impact fee for any contribution, construction, or dedication of land or equipment made by such person or predecessor in interest that is accepted and received by the seUntfire district for Fire/EMS Protection purposes, pursuant to this section. Consistent with the standards of this section, an application may be made for credit for any contribution, construction or dedication made in the county as required by a development order issued by the county, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie 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 Fire/EMS Protection impact fee. (b) General. Any person desiring a Fire/EMS Protection impact fee credit, who proposes to make any contribution, construction or dedication of a Fire/EMS Protection facility or equipment that is consistent with both the county's comprehensive plan and the fire district's capital improvement program, shall first obtain from the board of county commissioners an approval that the proposed contribution, construction or dedication is considered to be eligible for a Fire/EMS Protection impact fee credit. The board of county commissioners shall consult with the GeYRty district prior to making any final determination that the proposed contribution, construction or dedication is considered to be eligible for a Fire/EMS Protection impact fee credit. Upon the determination by the board that the proposed contribution, construction or dedication is eligible for a Fire/EMS Protection impact fee credit, the final amount of the credit shall be determined upon the submission of a request for Fire/EMS Protection impact fee credit and the entering into of a formal Fire/EMS Protection impact fee credit agreement. (c) Relationship of Fire/EMS Protection impact fee to developments of regional impact. Pursuant to F.S. § 380.06(4-65), the value of Fire/EMS Protection facilities and/or other Fire/EMS Protection Eap+tal Infrastructure improvements required pursuant to a county or city -approved development order, except those deemed site -related, shall be credited against the Fire/EMS Protection impact fee. (d) General standards for issuing Fire/EMS Protection impact fee credits. Prior to the issuance of any credits against the Fire/EMS Protection impact fee, the person who made the contribution, payment, construction or dedication of Fire/EMS Protection facilities or equipmen 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: 14 (1) Credit for contributions, payments, construction or dedications of the Fire/EMS Protection impact fee shall not be transferrable as a credit against other impact fees imposed for purposes other than Fire/EMS Protection. (2) If allowed by the Credit agreement, - 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 Fire/EMS Protection impact fee. 4) No credit shall be given for Fire/EMS Protection facilities and equipment dedicated or constructed before July 1, 2000. (e) Specific standards. Credits against Fire/EMS Protection impact fees otherwise payable shall be allowed only under the following conditions: (1) Fire district need. The contribution, payment, construction or dedication shall meet a Fire/EMS Protection capital need identified in the county's comprehensive plan, the f+re district's capital improvement program, or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. No credit shall be given for Gapital improvements Infrastructure that does not meet a Fire/EMS Protection capital need identified in the county's comprehensive plan, the fire district's capital improvement program, or in the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. (2) Fire/EMS Protection property dedication. a. Credit for the dedication of property for Fire/EMS Protection purposes shall be valued at 120 percent of the most recent assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey, closing costs or title information provided by the feepayer to the county at the request of the county. Credit for the dedication of property shall be provided when the property has been conveyed at no charge to, and accepted by the eel -fire district in a manner satisfactory to the eeuWfire district. 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 24-58, 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 24-59; provided that in the event the value established by the independent appraisal exceeds 120 percent of the 15 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 Fire/EMS Protection facility or expansion of an existing impact fee eligible public building or facility to the fire district in advance of any application for final development order approval, the board of county commissioners shall reserve the determination of value of the credit for the dedicated property until the property owner, or his assigns, seeks a final development order approval for the remainder of the property from which the dedicated property was provided. All property dedication credits shall be determined at the time contracts are let for the construction/expansion of the eligible facility or at the time a final development order approval is granted, whichever occurs first. No property dedication credit request may include the consideration of any enhancement to the value of property being dedicated as a result of the new or expanded public building construction. No property dedication credit request may include the consideration of any enhancement to the value of the property being dedicated as a result of the overall project development. (3) Application procedure. Applicants for credit for construction of non -site related Fire/EMS Protection building, facilities or equipment shall submit documentation of the actual engineering, construction or acquisition costs to the county administrator or his designee. The county administrator or his designee shall determine credit for Fire/EMS Protection construction based upon these costs or upon alternative engineering and construction cost estimates if the county administrator or his designee determines that such costs submitted are excessive or incomplete. (4) Acquisition by purchase or condemnation. a. In the event a developer is required as a condition of a final development order to acquire off -site Fire/EMS Protection property, the developer shall first obtain an independent property appraisal as described in section 24-58 and provide the county 16 administrator with a copy of the appraisal. The county administrator may obtain a review appraisal as described in section 24-59. b. Except as provided below, credits for Fire/EMS Protection 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 Fire/EMS Protection property for appraised value or lower, the board may: 1. Grant additional credits above the appraised value if it determines that the cost of acquisition is less than the cost of condemnation or that condemnation is not practical or desired; 2. Authorize the condemnation of the parcels; or 3. Deny the request for additional credits. (f) Time of claim; waiver. Any claim for credit must be made no later than the time of application for a building permit or an electrical permit. Any claim not so made shall be deemed waived. (g) The holder of any Impact Fee credits granted by the County shall be entitled to redeem such credits for the full benefit of the density or intensity represented by such credits as of the date of issuance, notwithstanding any subsequent increase in Impact Fee rates. The transferability of any Impact Fee credits granted by the County shall be in accordance with state law. underline indicates additions; strikethre inh indicates deletions] SECTION 8. AMENDMENT OF SECTION 24-62 OF THE ST. LUCIE COUNTY CODE. Section 24-62 of the St. Lucie County Code, entitled Use of Funds, is hereby amended as follows: Sec. 24-62. Use of funds. (a) Except for allowable Administrative Expenses, Aall funds collected from Fire/EMS Protection impact fees shall be remitted at least monthly to the GE)unt fire district. T-#e GE)'IeGting governmental unit shall be entitled te up to but not mere than fc)61 admonlstr e-XVe116+inn and administering this ariiGle. All remaining funds collected from fire/EMS protection impact fees used solely for the purpose of Eapital Infrastructure improvements to the Fire/EMS Protection System tthe —Eeu s Fire/EIVIS Dr„tontien facilities and 17 equip eR identified within the tenhniGal rnerneraRGI M titled "Update of the St. LUGie County Fore and ReSGue 'FnpaGt n dated C)Gteber e 2016 prepared by jarnes G. NiGhelas, ., !Gruli`ed data and which is by rerfereRGe. as identified in the county's comprehensive vplan, the fire district's capital improvement program or the comprehensive plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village. Fire/EMS Protection impact fees shall not be used for maintenance or operations. Land aGqUiSitiOR and Infrastructure improvements shall be of the type made necessary by the new developmenGOURty'S growth and developmeRt. (b) Funds shall be Encumbered and expended in the order in which they are collected. (c) Each January the county fire district shall present to the board of county commissioners a proposed capital improvement program for Fire/EMS Protection Infrastructure publiG buildiRg and faGilities, assigning funds, including any accrued interest, from the several special revenue funds to specific Fire/EMS Protection projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same fire/EMS protection impact fee trust fund until the next fiscal period, except as provided by the refund provisions of this article. Funds shall he deemed expended in the order reneiyed (ed) The board of county commissioners and the fire district will enter into appropriate interlocal agreements between or among themselves and the governing bodies of the municipalities in the county to provide for the collection of fees imposed and to ensure proper use of the funds collected pursuant to this article. underline indicates additions; strikethreugh indicates deletions] SECTION 9. AMENDMENT OF SECTION 24-63 OF THE ST. LUCIE COUNTY CODE. Section 24-63 of the St. Lucie County Code, entitled Refund of Fees Paid, is hereby amended as follows: Sec. 24-63. 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 enti-ty. 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 of wheRe permit enp row ninety (90) days of the expiration of the Building Permit or other 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 from the Fire/EMS Protection Impact Fees collected and held by the County or, alternatively, the fire district shall be responsible for the amount of all refunds. (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 reads 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. 19 (3) The County Administrator shall immediately forward a copy of the application to the fire district for review and response. Within ninety (90) days from the date of receipt of a petition for refund, the fire district will advise the County Administrator, 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; strikethrough indicates deletions] SECTION 10. AMENDMENT OF SECTION 24-64 OF THE ST. LUCIE COUNTY CODE. Section 24-64 of the St. Lucie County Code, entitled Exemptions, is hereby amended as follows: Sec. 24-64. Exemptions. The following shall be exempted wholly or in part from payment of the Fire/EMS Protection impact fee- (1) Alteration or expansion of an existing building where no additional residential dwelling units are created. (2) The construction of accessory buildings or structures which will not produce additional need for Fire/EMS Protection facilities over and above that produced by the principal building or use of the land. (3) The replacement of a destroyed or partially destroyed building or structure in existence on or after July 1, 2000, with a new building or structure of the same or a different use; provided that no additional need for Fire/EMS Protection facilities will be produced over and above those produced by the original use of the land. (4) Any claim of exemption must be made no later than the time of application for a building permit or electrical permit for a mobile home. Any claim not so made shall be deemed waived. (5) Government Property. underline indicates additions; strikethmu h indicates deletions] 20 SECTION 11. AMENDMENT OF SECTION 24-65 OF THE ST. LUCIE COUNTY CODE. Section 24-65 of the St. Lucie County Code, entitled Appeals, is hereby amended as follows: Sec. 24-65. Appeals. (a) Any decision made by the county administrator or the fire district 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 39 60 calendar days from the date of appeal of said decision. The petitioner shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten minutes per side, unless an extension of time is granted by the board. The board's deGicinn shall be final for the purnnc�f co�v-rr�,t�„---m�u,--.o,--R,�-p a,-pv� administrative appeals,-. The hearing shall be before the Board and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. (c) The board's decision shall be final for the purpose of administrative appeals. The board of county commissioners shall revoke the decision of the county administrator or fire district 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. 21 underline indicates additions; strikethrough indicates deletions] SECTION 12. AMENDMENT OF SECTION 24-66 OF THE ST. LUCIE COUNTY CODE. Section 24-66 of the St. Lucie County Code, entitled Review and Automatic Adjustment of Fees, is hereby amended as follows: Sec. 24-66. Review and automatiG adjustment of fe . The Impact Fee Study for the Fire/EMS Protection impact fee shall be reviewed by the District and 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. r .. ._ .. .. .. •- - . .. . . .. .. .. .. . 1 _ rr2T= I IMW 0ME r 1 I Urr r _ it!:, 22 7. -r a" e`e'- .. .. . .. . ■-M.M.T0121M -- -- --- underline indicates additions; strikethrough indicates deletions] SECTION 13. NOTICE OF IMPACT FEES. (a) No later than October 3, 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 October 3, 2022, then the initial January 1, 2023 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 2024, 2025, and 2026 shall be similarly adjusted to occur in one-year increments after the initial implementation date for such Impact Fees. 23 (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 October 1, 2022 following the effective date of this Ordinance as provided in Section 14(d), notwithstanding the implementation dates specified in Section 24-55. (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; 24 provided the revisions to the Impact Fee rates shall become effective as provided in Section 13 hereof. DULY ADOPTED this 6th day of September 2022. Attest: DepvAky Clerk APPROVED AS TO FORM: County`Attorney ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Chair * 2 w M CIO Gc'�C�VMTY, F`O�`�r 25 RON DESANTIS CORD BYRD Governor Secretary of State September 19, 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. 2022-028, which was filed in this office on September 19, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270