HomeMy WebLinkAboutOrdinance 488 Fire Impact Fee
ORDINANCE NO. 488
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA ESTABLISHING A FIRE 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 fire public safety facilities for
the City of Winter Springs, Florida, are operating at full
capacity and they are presently providing adequate fire
protection and fire 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 fire 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 fire 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 fire 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
investments among future customers of the service systems, so
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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 fire
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 fire public safety
facilities fee based upon fire 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 fire
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 fire 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
cost of new public facilities to new users as established by the
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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. Building Permit Any building or
construction permit required under the Winter Springs Building
Code (Chapter 5 of the City Code).
D. Fire Public Safety Facilities Capital
Improvements The land, building, facilities, vehicles and
equipment necessary for the Fire Department of the City of Winter
Springs to provide fire fighting and fire protection services and
paramedic 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
originally issued during the year preceding the effective date of
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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, fire, 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 fire 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 fire 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.
Credit for any in-kind contribution shall be on a fair market
4
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 fire 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
or capital facilities for public use was made within the year
5
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
Fire 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: Fire Protection Capital Expansion Trust Fund.
B. USE OF FUNDS The amounts in the Fire
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 fire 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
fire department's plan shall be reviewed and approved by the City
Commission at least annually during the budget review
process.
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SECTION 9. - REFUNDS.
Refunds of fire 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 valid, unexpired government
act of authorizing a specific development for which 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 . Tha tit would be inequi table to deny the
peti tioner 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
made or incurred subsequent to May 14, 1990, after which day the
adoption of this Ordinance was pending; and
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(iii) whether the operation of this
Ordinancewould 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 fire
service impacts, fire impact fees and their designated uses, or
contributions to the capital asset inventory of the fire
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
any other section or portion of a section or subsection or part
of this Ordinance.
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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 Reading: June 25, 1990
Fourth & Final Reading July 9, 1990
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CITY CLERK j
BUILDING OFFICIAL
FROM: F I NANCE D I RECTOR ~
MEHO TO:
DATE: FEBRUARY 13, 1991
SUBJECT: FIRE IMPACT FEE RATE - ORDINANCE 488
DUE TO A SCRIBERS ERROR THE FIRE IMPACT FEE RATE FOR
COMMERCIAL CONSTRUCTION WAS INCORRECTLY REPORTED AS $.08 PER
SQUARE FOOT.
THE CORRECT FIRE IMPACT FEE FOR COMMERCIAL CONSTRUCTION
SHOULD BE $.38 PER SQUARE FOOT.
...-.,
QMAN MILLER SCHWARTZ AND COHN
2tL
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
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.......
-.-
LANS'NG, M'C/of'GAN
/ofOl./STON, TEllAS
HObLJGMAN MIllER SCHWARTZ ANa COHN
2290 F"/RST NAT/ONAL BUILDING
DETROIT, MICHIGAN 48226. 3583
TElEPIiONE 13131256'7800
TElECOPIER 13131 962'0'76
TElE1l235705
LAW O""""/Ce:S
'-.-/
..
Orlando Office:
135 Central Blvd., Suite 1100
Orlando, FL 32801
(407) 648-0300 _ ph
(407) 648-1155 _ fax
WEST PAL... BEAC/of. "1.0l'l'OA
TA"'PA. "1.0l'l'OA
BOCA. I'IATON, "1.0l'l'OA
TO:
MAYOR, CITY COMMISSIONERS AND CITy MANAGER,
CITY OF WINTER SPRINGS, FLoRIDA
. ~
FRANI( I<!lUPPENBACHER, CITY ATTORNEY jll
JUNE 21, 1990
POLICE IMPACT FEE - ORDINANCE NO. 487 _ PROPOSED
FIRE IMPACT FEE - ORDINANCE NO. 488 _ PROPOSED
MEMORANDUji
FROM:
DATE:
RE:
The fOllo"'ing is provided regarding completing the amOunt
of impact fees in Paragraphs one (1) and t",o (2) of page 5 of
both ordinances:
1LEGE~:
CAI = CAPITAL ASSET INVENTORY
RC = PERCENT RESIDENTIAL CALLS
NC = PERCENTAGE OF NON-RESIDENTIAL CALLs
RDU = NUMBER OF RESIDENTIAL UNITS
NSF = NON-RESIDENTIAL SQUARE FOOTAGE
(Non-residential fee shall be leVied upon that
POrtion of a structure "'hich is classified as
non-residential).
J~~5~lt~
CJTY OF WINTER SPRINGS
'CITY HALL
The Or,ta,ndo Sentinel
, p,.:'liall....'O;ny
Altunonte Springs, Seminole County, Florida
~~:~: O~~lR~~~riha} SS.
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, being a Notice of Public Hearing in the matter of
OrninRnre No. 488
in the
was published in said newspaper in the issues of
.Tllnp 1, ] qqO
Sworn to and subscribed before me this
of
June
A.D., 19 90
~
~~~4-
Notary Public, State of Florida at targlf
My Commission Expires February 9. 1593
Bonded thru Brown & Brown. Inc.
Notary Public
(~0
Court,
ADVERTISING CHARGE
$66.44
day
NOTICE OF PUBUC HEARING
CITY OF WINTER SPRINQS,
FLORIDA
NOTICE IS HEREBY GIVEN by
the Clity Commission of the CitY
of . WIlliei' .SPrings, FlorIda, th8t
saId CommiSSIon will hold a
Public Hearing on an ordinance
~'I= NO. 488
AN ORDINANCE OF THE
CITY .. .OF . WINTER
SPRINGS, FLORmA, ES.
TAIll.ISHING . A FIRE PlJB.
'tiC SAFElY FACIUTlES 1M.
-PACT FEE; PROVIDING
FOR DEFINITIONS; PRO-
VIDING FOR APPLICABI-
L1TY AND EXEMPTIONS'
PROVIDING FOR RATES:
PROVIDING FOR THE TIME
OF PAYMENT; PROVIDING
FOR CREorrS; PROVIDING
FOR THE USE OF PRO.
CEeOS AND A TRUST
FUND FOR MONIES COL.
LECTEP; 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 Hearl!l!l wiU be held
at 1:30 p.m. on June 25, 18110,
or as soon thereafter !IS possible
in !he Commission Chamber
City Hall, 1126 East S. R. 434;
Winter s~'ngs, Fl. 32708
Copies the proposed ordi.
"anee II !lV8i18llle in the ofIice
of the C Clerk for inspection.
Intereated parties may appear at
this hearinp, and be heard with
~~3~~. 0 this proposed
Persons are advised that ilthey
decide to appeal any decision
made at thIS mee,ting. !hay will
nsed a record of the Proceed-'
ings and for suCh purpose, they!
I may need to ensure that a _.
. betim record of the proceedings
is made which .record incfuclils
the testimony and evidence
upon whiCh the lIPP88I Is. to be
based per Section 286.0105
Florida S1atules.
f::~ thiee. 10th day of June,:
CITY OF. WiNTER!
i SPRINGS, '
FLORIDA
IS/Mary T. Norton
Mary T. Norton
City Clerk
CL-524 Jun.3,1990
FORM NO. AD-264