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HomeMy WebLinkAboutOrdinance 487 Public Impact Fee ORDINANCE NO. 487 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA ESTABLISHING A POLICE PUBLIC SAFETY FACILITIES IMPACT FEE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY AND EXEMPTIONS; PROVIDING FOR RATES; PROVIDING FOR THE TIME OF PAYMENT; PROVIDING FOR CREDITS; PROVIDING FOR THE USE OF PROCEEDS AND A TRUST FUND FOR MONIES COLLECTED; PROVIDING FOR REFUNDS; PROVIDING FOR DETERMINATION OF VESTED RIGHTS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the present police public safety facilities for the City of Winter Springs, Florida, are operating at full capacity and they are presently providing adequate police protection and police public safety services to the City of Winter Springs; and WHEREAS, there have been increasing demands on the City for issuance of building permits for increase construction for residential premises, as well as additional commercial enterprises, businesses, industrial developments, public assembly facilities, and institutions to serve the increasing number of people using the police public safety facilities of the City, none of such increase constituting additional services to presently existing residents of the City; and WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that the increasing demand by new development and new residents on various City services within the City limits will require greatly increased capital investments for the expansion of the City services system; and WHEREAS, the City Commission finds that it is necessary to provide additional police public safety facilities that shall be required by the continuing growth and development of construction activities within the City, these facilities being in the nature of capital improvements to the City's police public safety facilities such as land, buildings, equipment and vehicles; and WHEREAS, the City Commission has legal authority to enact impact fees in order to allocate the cost of such capital 1 investments among future customers of the service systems, so long as revenues from impact fees are segregated in a separate account and used only for the expansion of said system; and WHEREAS, the City Commission desires to establish an equitable way for making these capital improvements to meet the demands of new construction and for providing that the money collected for these capital improvements will be used for no other purposes; and WHEREAS, the City Commission finds that it is equitable for the new construction creating the increased demand for police public facilities to contribute directly to their funding rather than placing such increased burden on the presently existing city residents; and WHEREAS, the City's administrative staff has conducted a study, to determine the proper amount for a police public safety facilities fee based upon police capital needs to serve new residential and non-residential construction, and have provided the City Commission with the basis of allocation of such capital costs to impact fees which the Commission has determined will be fair and equitable to both the present customers of the City service systems and future customers thereof; and WHEREAS, the City feels that it is imperative that impact fees be initiated immediately so as to assess against new construction, which is creating the increased demand for police public safety services, their fair share in impact fees necessary to finance new improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION 1. - LEVY AND PURPOSE. For the purpose of helping to defray the cost of new or expanded police facilities and equipment attributable to new construction within the City limits, impact fees are hereby levied on new construction within the City limits in accordance wi th the provisions of Section 5 - Payment of Fees, and other provisions of this Ordinance. This Ordinance is intended to be consistent with the principals for allocating a fair share of the 2 cost of new public facilities to new users as established by the Florida Supreme Court. SECTION 2. - DEFINITIONS. Unless otherwise specified herein the definitions, classifications and uses shall be as set forth in the City of Winter Springs Land Development Code. A. Residential Includes single-family dwellings, multi-family dwelling units, mobile homes, accessory dwelling units, accessory residential structures. B. Non-residential - Includes all land uses not otherwise specified as residential or exempted as set forth herein. This shall include, but is not limited to day care facilities, residential care facilities, nursing homes, boarding houses, home occupations, educational facilities, libraries, cultural facilities, churches, all commercial uses, all transient lodging and entertainment facilities except those which are temporary in nature, all automotive facilities and/or structures, all miscellaneous business uses and services and all industrial uses. C. Bui lding permi t Any bui lding or construction permit required under the Winter Springs Building Code (Chapter 5 of the City Code). D. Police Public Safety Facilities Capital Improvements The land, building, facilities, vehicles and equipment necessary for the police department of the City of Winter Springs to provide police protection services to the citizens of Winter Springs. SECTION 3. - APPLICABILITY AND EXEMPTIONS. This Article shall apply to all new construction within the City limits except the following: A. Expansion of a residential dwelling unit not creating another dwelling unit; and B. Remodeling or rebuilding of any structure; and C.Construction under any building permit 3 originally issued during the year preceding the effective date of this Ordinance; and D. Temporary activities and uses including, but not limited to temporary construction and temporary commercial amusements; and E. Public service structures; and F. Publicly owned and operated buildings or structures used for general governmental purposes (to include but not limited to sewer, storm water, police, fire, ground transportation, solid waste, parks, recreation and cultural purposes); and G. Construction associated with raising animals; and H. Construction related to agriculture. SECTION 4. - DETERMINATION OF FEE AMOUNTS. Impact Fees shall be determined and reviewed at least every other year in accordance with a detailed analysis of projected construction within the City Limits, the cost of any expanded or new capital facilities and equipment for police public service facilities generated by such construction and the money otherwise available to meet such costs. The City Commission may annually adjust the established impact fee rate to reflect the changes in the cost of relevant capital facilities and equipment. All changes or adjustments in the established impact fee rates shall be made by ordinance and shall apply only to construction for which building permits are issued after the effective date of such ordinance. SECTION 5. - PAYMENT OF FEES. A. TIME OF PAYMENT. The police public safety facilities fee is to be paid prior to or in conjunction with the issuance of a building permit. B. METHOD OF PAYMENT. Impact fees shall be paid in cash unless the City Commission specifically accepts an in- kind contribution of land or capital facilities for public use. 4 Credit for any in-kind contribution shall be on a fair market value basis as of the date the City Commission accepts the offer of such contribution. The fair market value of any land accepted as an in-kind contribution shall be based upon an appraisal of its highest and best use then allowed under its current land use designation. Such appraisal shall be paid for by the donor. C. AMOUNT OF FEE. The police public safety facilities to be paid prior to or in conjunction with the issuance of a building permit shall be levied based upon the following formula and in the following amounts: 1. Residential: (CAI X RC)/ROU = Cost Per Dwelling Unit: per residential dwelling unit. 2. Non-residential: (CAI X NC)/NSF = Cost Per Square Foot: per square foot of non-residential development. CAI Capital Asset Inventory RC Percent Residential Calls NC = Percentage of Non-residential Calls ROU = Number of Residential Dwelling Units NSF Non-residential Square Footage (Non-residential fee shall be levied upon that portion of a structure which is classified as non- residential). SECTION 6. CREDITS. An applicant for a building permit shall be entitled to a credit against future impact fees assessed pursuant to this Ordinance for contributions, dedications, or improvements required by the City or through agreements with the City as a condition of any development permit by the City, and said credit shall be an amount equal to the fair market value of any contribution of land or capital facilities for public use. The fair market value shall be determined as of the date the City Commission accepts the offer of such contribution. The fair market value of any land accepted for credit of future impact fees shall be based upon an appraisal of its highest and best use and then allowed under its current land use designation. Such appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contribution of land 5 or capital facilities for public use was made within the year preceding the effective date of this Ordinance, and the contribution of land or capital facilities for public use has been or will be included in the capital asset inventory of the Police Department of the City of Winter Springs. SECTION 7. - ESTABLISHMENT OF A TRUST FUND. A. The impact fees collected by the City pursuant to this Ordinance shall be kept separate from other revenue of the City and a capital expansion trust fund is hereby created: Police Protection Capital Expansion Trust Fund. B. USE OF FUNDS The amounts in the Police Protection Capital Expansion Trust Fund shall be used only for the purpose contained in the title of such fund and for no other purpose. Expenditures from the Fund shall be specifically approved by the City Commission and shall be limited to the expansion acquisition of capital facilities or equipment made necessary by the new construction from which the fees were collected or for principal payments (including sinking fund payments) on bonds to expand or acquire such facilities or equipment. Before authorizing an expenditure from anyone of these trust funds, the City Commission shall determine that: (1) such expenditure is for capital facilities or equipment to be used for the purpose contained in the title of the trust fund from which the expenditure is to be made; and (2) such expenditure is made necessary by the new construction from which such funds were collected; and (3) such expenditure shall result in a benefit to the new construction from which said funds were collected. SECTION 8. - CAPITAL EXPANSION PLANS. The City's police department, which is to receive funds collected pursuant to this impact fee ordinance shall prepare and maintain a capital expansion plan for its individual funds which shall be for a period of no less than one year. The police department's plan shall be reviewed and approved by the 6 City Commission at least annually during the budget review process. SECTION 9. - REFUNDS. Refunds of police public safety facilities fees paid hereunder may be allowed upon application thereof, when it is determined that no construction under a building permit has occurred, and the building permit issued for such construction has expired or otherwise been cancelled. SECTION 10. - VESTED RIGHTS. A. A developer or successor in interest of land which has received a building permit may petition the City Commission for a vested rights determination which would exempt the petitioner from the provisions of this Ordinance. Such petition shall be evaluated by the City Attorney and a recommendation thereon submitted to the City Commission based upon the following criteria: 1. There exists a act of authorizing a determination is sought; 2. Expenditures or obligations made or incurred in reliance upon the authorizing act that are reasonably equivalent to the fees required by this Ordinance; 3 . That it would be inequitable to deny the petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the developer to comply with the requirements of this Ordinance. B. For the purpose of this section, the following factors shall be considered in determining whether it would be inequitable to deny the petitioner the opportunity to complete the previously approved development: (i) whether the injury suffered by the petitioner outweighs the public cost of allowing the development to go forward without payment of the fee required by this Ordinance; (ii) whether the expense or obligations were 7 made or incurred subsequent to May 14, 1990, after which day the adoption of this Ordinance was pending; and (iii) whether the operation of this Ordinance would create an erroneous burden which would prevent petitioner from making a reasonable return on his investment. C. The City of Winter Springs shall not permit the extension of a building permit beyond the initial time for activation without the applicant complying with this Ordinance. D. If a previously approved development order or other binding agreement contained conditions regarding police service impacts, police impact fees and their designated uses, or contributions to the capital asset inventory of the police department, the developer or his successor may request a modification of such prior approvals in order to bring the approval conditions into consistency. SECTION 11. - PENALTY. Violation of this Ordinance shall constitute a misdemeanor of the second degree. Notwithstanding the criminal penalty provided for herein, the City may obtain an injunction or other legal equitable relief in the circuit court against any person violating this Ordinance. SECTION 12. - APPEAL. Any person aggrieved by any portion of this Ordinance shall appeal directly to the City Commission. To file an appeal, an individual must file an application with the City Manager and submit such information and documentation with said application as may be required by the City Manager. The City Manager shall make a determination as to the sufficiency of the application. An application for appeal must be filed with the City Manager within thirty (30) days of any action taken by the City for which a person is aggrieved. SECTION 13. - SEVERABILITY. If any section or portion of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of 8 any other section or portion of a section or subsection or part of this Ordinance. SECTION 14. - CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 15. - EFFECTIVE DATE. This Ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this 9th day of July,1990. CITY OF WINTER SPRINGS, FLORIDA LEANNE M. GROVE, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading: May 14, 1990 Second Reading June 11,1990 Posted: May 18, 1990 Public Hearing and Third Readlng: June 25, 1990 Fourth & Final Reading July 9, 1990 9 LAW OFFICES H(ll,lJGMAN MILLER SCHWARTZ AND COHN 2290 F"IRST NATIONAL BUILDING DETROIT, MICHIGAN 48226.3583 LANSING. MICHIGAN HOUSTON. TEXAS TELEPHONE (313) 256.7800 TELECOPIER (313) 962.0176 TELEX 235705 Orlando Office: 135 Central Blvd., suite 1100 Orlando, FL 32801 (407) 648-0300 - ph (407) 648-1155 - fax WEST ""LM BEACH. "LORIO" TAM"". "LORIO" BOCA RATON. "LORIO" M E M 0 RAN 0 U M TO: MAYOR, CITY COMMISSIONERS AND CITY MANAGER, CITY OF WINTER SPRINGS, FLORIDA FROM: FRANK KRUPPENBACHER, CITY ATTORNEY II! .j DATE: JUNE 21, 1990 RE: POLICE IMPACT FEE - ORDINANCE NO. 487 - PROPOSED FIRE IMPACT FEE - ORDINANCE NO. 488 - PROPOSED The following is provided regarding completing the amount of impact fees in Paragraphs one (1) and two (2) of page 5 of both ordinances: LEGEND: CAI = RC = NC = RDU = NSF = CAPITAL ASSET INVENTORY PERCENT RESIDENTIAL CALLS PERCENTAGE OF NON-RESIDENTIAL NUMBER OF RESIDENTIAL UNITS NON-RESIDENTIAL SQUARE FOOTAGE (Non-residential fee shall be portion of a structure which non-residential) . CALLS levied upon that is classified as ~~~~~~ ClTY OF WINTER SPRINGS . ClTY HALL , . HONIGMAN MILLER SCHWARTZ AND COHN MAYOR, CITY COMMISSIONERS, CITY MANAGER, CITY OF WINTER SPRINGS, FLORIDA RE: ORDINANCE NO. 487 & 488 JUNE 21, 1990 PAGE TWO 1. Police Impact Fee Ordinance No. 487 A. Residential Formula - (CAI x RC)/RDV = Cost Per Dwelling Unit $722,430.15 x .90/8500 = $76.49 B. Non-Residential Formula - (CAI x NC)/NSF = Cost Per Square Foot $722,430.15 x .10/903,427 = $0.08 2. Fire Impact Fee Ordinance No. 488 A. Residential Formula - (CAI x RC)/RDV = Cost Per Dwelling unit $1,630,396.00 x .79/8500 = $151.53 B. Commercial Formula - (CAI x NC)/NSF = Cost Per Square Foot $1,630,396 x .21/903.427 = $0.08 We will be re-verifying the data and figures to assure the accuracy thereof. Please call me if you have any questions. FCK OR0052d -The.Orlando.Sentinel Publiahed Daily' A1tamonte Spring., Seminole County, Florida ~tate (lf1fl(lri~m} SS. COUNTY OF ORANGE Before the undersigned authority personally appeared Juanita Rosado , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement,beingR Notice of Public Hearing Ordinance No. 487 in the matter of in the Court, was published in said newspaper in the issues of June 3, 1990 Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication i 'd newspaper. . Ro~ 4th Sworn to and subscribed before me this of June 90 A.D,,19 ~ ~~ Notary Public. State of Florida at Lar~ My Commission Expires February 9, 1993 Bonded thru Brown & Brown, Inc. Notary Public 7.~ ADVERTISINL. CHARGE $66.44 day Nonce OF PUBUC HEAAlNG CITY OF WINTER SPRINGS FLORIDA . NOnce.1$ Hf::REBY GIVEN by ::ra ~=,onFl~3:. ~ $ald Comml$$ron will hold a Public Hsaring on an ordinance el'llitfed 8$ follOwll: ORDINANCE NO. 487 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ES- TABLISHING A pOlice PU8l1C SAFETY FACILI- TIES IMPACT FEE; PROVID- ING FOR DEFINITIONS' PROVIDING FOR APPU~ BIUTY AND EXEM PROVIDING FOR . pROVIDING FOR TH ' OF PAYMENT; PROVIDING FOR CREDITS; PROVIDING FOR THE USE OF PRO- CEEDS AND A TRUST FUND FOR MONIES COL. LE<m;D; PROVIDING FOR REFUNDS; PROVIDING FOR DETERMINATION OF .VESTED RIGHTS; PROVID- ING FOR PENALTIES;. PRO- VIDING FOR SEVERABIL. ITY, CONFUCTS AND EF. FECTIVE DATE. This Public Haaring will be held at 7:30 p.m. onJUM 25. 1l1l1O, . ~ 8$ soon th&ral!fter .. poealble .n the Comml"ion Chamber . ~ Hels', .1126 East S. R. 434: nter pnngs, Fl. 32708 , Cople$ of the proposed ordi. . nance are available in the ofIice of the City Clerk for inapection Interestec;I partie$ may appear ai . this hearing and be heili'd with : ~~~. fo thl$ propo$ed Parao!'18 are adviHd that if they < decIda to 8ppaaI any. dlll:i$ion "made at thl$ meeting, they will need a record of Ihe proceed_ O"ngB end for l!UCh purpoe, they J rnavneed to. BnlSlJre that aver. batIm record of the Proceeding$ 1$ made whlch recorct inoIud8I the I.,"mony .IId .vidence upon vIhIch tht ~ ill to be ~_b'''dp~r S8J:t.on2U.D I Florida SlIdutes. . ';';'.'~ I ~:g~ !hI' 1Oth"~y 6f June, : SPAI:.oS~mY . OF WINTER FlORIDA ' la/Mary T. Norton Mary T. Norton City Clerk CL-482 Jun.3,1990 FORM NO. AD-264