HomeMy WebLinkAbout2003 04 28 Public Hearings A Final Reading - Ordinance 2003-04 Impact Fees
042803 Commission Meeting
Public Hearing "A" Ordinance 2003-04 Impact Fees
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COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
April 28, 2003
Meeting
Mgr. ~ Dept.
Authorization
REQUEST: City Manager requesting the City Commission to approve the Final
Reading of Ordinance No. 2003-04, repealing certain sections of Chapter Nine (9) of
the City Code related to Impact Fees, amending Police and Fire Impact Fees, and
establishing a new Parks Impact Fee.
PURPOSE: This Agenda Item is needed to implement revised Police and Fire Impact
Fees and to establish a new Parks Impact Fee to pay for expanded facilities and
equipment required by growth.
CONSIDERATIONS: On March 24, 2003 the City Commission approved the First
Reading of Ordinance Number 2003-04.
There was considerable discussion regarding the square footage method calculating
Residential Impact Fees in the alternative to the proposed square foot method.
The Commission chose to amend the Ordinance to provide for a flat fee for residential
properties as shown on Attachment "B". The flat fee is simply based upon an average
size residence in the alternative to the actual size of a residence.
Below is a chart representing the co~t of the residential Flat Impact Fees, and the current
Impact Fees.
Proposed Flat
Current Rate Fee
Police $215.83 $105.47
Fire 103.63 173.28
Parks 300.00 914.53
Total $509.46 $1,193.28
042803 Commission Meeting
Public Hearing "Au Ordinance 2003-04 Impact Fees
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FISCAL IMPACT:
The proposed Impact Fees will generate Impact Fee Revenues as follows:
FirelRescue
Police
Parks
$4,099,918
$2,004,024
$1,500,353
RECOMMENDATIONS:
It is recommended that the Commission take one of the following actions approve Final
Reading of Ordinance Number 2003-04 amended to include Commercial Impact Fees on
a per square foot basis and a Residential Impact Fee based upon a flat rate.
ATTACHMENTS:
a) April 14, 2003 Agenda Item "A" and Ordinance 2003-04 as amended
b) Proposed Residential Flat Rate Fee Schedule.
COMMISSION ACTION:
Attachment "A"
April 14, 2003 Agenda Item Public
Hearing "A"
And
Ordinance Number 2003-04
041403 Commission Meeting
Public Hearing "An Ordinance 2003-04 Impact Fees
Page I of2
COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
April 14, 2003
Meeting
Mgr. I Dept.
Authorization
REQUEST: City Manager requesting the City Commission to approve the Second
Reading of Ordinance No. 2003-04, repealing certain sections of Chapter Nine (9) of
the City Code related to Impact Fees, amending Police and Fire Impact Fees, and
establishing a new Parks Impact Fee.
PURPOSE: This Agenda Item is needed to implement revised Police and Fire Impact
Fees and to establish a new Parks Impact Fee to pay for expanded facilities and
equipment required by growth.
CONSIDERATIONS: On March 24, 2003 the City Commission approved the First
Reading of Ordinance Number 2003-04.
ALTERNATIVES:
I. Approve the Second Reading of Ordinance Number 2003-04 implementing the
Ordinance based upon an actual residential square footage basis.
2. Approve a Second Reading of Ordinance Number 2003-04 for Impact Fees
amended to provide for a flat rate residential fee, and schedule the amended
Ordinance for a Third Reading. This amended Ordinance is being completed by
the City Attorney and will be available Friday, April II, 2003.
There was considerable discussion regarding the square footage method calculating
Residential Impact Fees.
The Commission could amend the Ordinance to provide for a flat fee for residential
properties as shown on Attachment "B". The flat fee is simply based upon an average
size residence in the alternative to the actual size of a residence.
041403 Commission Meeting
Public Hearing "An Ordinance 2003-04 Impact Fees
Page 2 of2
Below is a chart comparing the cost of the two optional proposed Impact Fees, and the
current Impact Fees. It assumes a 2,500 square foot home valued at $175,000.
Proposed Proposed Flat
Current Per SQ. Ft. Rate Fee
Police $215.83 $106.42 $105.47
Fire 103.63 174.00 173.28
Parks 300.00 902.96 914.53
Total $509.46 $1,183.48 $1,193.28
The residential fee is more fair. However, there has been some concern voiced that the
flat rate fee would be more difficult to defend if challenged for two reasons.
1. Ability to prove that impacts on infrastructure are related to the size of
residence.
2. It is a relatively new approach in contrast to the flat rate residential fee
which has been upheld in previous court challenges.
FISCAL IMPACT:
Both of the proposed Impact Fees will generate approximately the same amount of
Impact Fee Revenues as follows:
FirelRescue
Police
Parks
$4,099,918
$2,004,024
$1,500,353
RECOMMENDATIONS:
It is recommended that the Commission take one of the following actions:
I. Approve the Second Reading of Ordinance Number 2003-04 which
includes Commercial Impact Fees and Residential Impact Fees calculated
on a per square foot basis.
2. Approve a Second Reading of Ordinance Number 2003-04 amended to
include Commercial Impact Fees on a per square foot basis and a
Residential Impact Fee based upon a flat rate.
ATTACHMENTS:
a) March 24, 2003 Agenda Item "B" and Ordinance 2003-04.
b) Proposed Residential Flat Rate Fee Schedule.
COMMISSION ACTION:
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ALTERNATfVEFEESTRUCTURE
ORDINANCE NO. 2003-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF
ORDINANCES CHAPTER 9, ARTICLE VIII, IMPACT FEES, BY
REVISING POLICE AND FIRE IMPACT FEES AND
ESTABLISHING IMPACT FEES FOR P ARKS AND
RECREATION; MAKING SEVERAL CONFORMING
AMENDMENTS TO ELIMINATE REDUNDANT CODE
SECTIONS; ADOPTING SEVERAL PROCEDURAL
AMENDMENTS APPLICABLE TO THE PAYMENT OF IMPACT
FEES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has previously found and
determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter
Springs to establish police, fire and other impact fees to require new development to pay their equitable share
of public improvements that must be constructed to serve new growth; and
WHEREAS, the City Commission has commissioned an impact fee study and has retained Land
Design Innovations, Inc. ("LDf') to complete the study and prepare a report on the adequacy of the City's
current police, fire/rescue and parks and recreation impact fees; and
WHEREAS, LDI has issued to the City an impact fee report entitled, "City of Winter Springs
Impact Fee Analysis Report for Police, Fire/Rescue and Parks & Recreation," dated November 2002
("Report"); and
WHEREAS, the City Commission hereby finds that the Report legally justifies the continued
imposition of revised police, fire/rescue and parks and recreation impact fees pursuant to applicable law. See,
e.g., Volusia County v. Aberdeen at Ormond Beach, 760 So. 2d 126 (Fla. 2000); ContractorsandBuilders
Association of Pinel/as County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald v. Metropolitan Dade
County, 338 So. 2d 863 (Fla. 3d DCA 1976); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th
DCA 1983); and
WHEREAS, the City Commission finds that Section 163.3202(3), Florida Statutes, encourages the
use of innovative land development regulations which includes the adoption of "impact fees," and
City of Winter Springs
Ordinance No. 2003-04
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WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are
necessary to mitigate impacts reasonably attributable to new development; and
WHEREAS, the City Commission also recognizes that the Florida Legislature has mandated that
local government plan comprehensively for future growth and that this regulatory Ordinance is consistent
with that mandate. See, e.g., Ch. 163, Fla. Stat.; and .
WHEREAS, new land development activity generates public facility and service demands within the
City and it is reasonable to require new development to pay a fair share of the cost of expanding new public
facilities and services attributable to new development; and
WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Rule Powers Act,
Chapter 163, Florida Statutes, the City of Winter Springs Comprehensive Plan, and other applicable law
authorizing a municipality to set rates, fees, and charges for new development; and
WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs to amend the City's police, fire/rescue, and parks and recreation impact fees and procedures.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference.
Section 2. Code Amendment, Chapter 9, Article VIII, Division 3. The City of Winter Springs
Code, Chapter 9, Article VIII, Division 3, is hereby amended as follows (underlined type indicates additions
and strikeout type indicates deletions):
ARTICLE VIII. IMPACT FEES
* * *
DIVISION 3. POLICE. FIRE. AND PARKS AND RECREATION
PUBLIC SAFETY FACILITIES
Sec. 9-391. Police public safety impact fee. Generally.
(police public; safety inlpactfee provisions are set forth hetein as se(,tions 9-391.1 through 9-391.12.]
The city commission hereby establishes police. fire. and parks and recreation impact fees
under the requirements of this division. The City Commission finds that the Florida Growth
Management Act mandates that local government plan comprehensiyel)' forlUture_growth.and_that__
City of Winter Springs
Ordinance No. 2003-04
Page 2 of 19
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ALTERNATfVE FEE STRUCTURE
this division is consistent with that mandate. In addition. Section 163.3202(3), Florida Statutes,
encourages the use of innovative land development regulations which includes the adoption of
"impact fees." Further, new land development activity generates public facility and service demands
within the City and it is reasonable to require new development to pay a fair share of the cost of
expanding new public facilities and services attributable to new development. This division is enacted
pursuant to the Florida Municipal Home Rule Powers Act Chapter 163, Florida Statutes, the City
of Winter Springs Comprehensive Plan, and other applicable law authorizing a municipality to set
rates, fees, and charges for new development.
Sec. 9-391.1. Levy and purpose.
For the purpose of helping to defray the cost of new or expanded police, fire, and parks and
recreation 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 with the provisions of
section 9-391.5, payment offees, and other provisions of this division. This division is intended to be
consistent with the principles for allocating a fair share of the cost of new public facilities to new
users as established by the Florida Supreme Court. In support of. and as legal iustification for, the
impact fees adopted under this division. the city commission hereby adopts by reference the report
prepared by Land Design Innovations, Inc. entitled, "City of Winter Springs Impact Fee Analysis
Report for Police, FirelRescue and Parks & Recreation." dated November 2002.
Sec. 9-391.2. Definitions.
Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
W Building permit: Any building or construction permit required under the Winter Springs
Building Code, Chapter 6 of this Code.
(b) Fire public safety facilities capital improvements: The land, building, facilities. vehicles and
equipment necessary for the fire department of the city to provide firefighting and fire protection
services and paramedic services to the citizens of Winter Springs.
if) Nonresidential: Includes all land uses not otherwise specified as residential or exempted as
set forth in this division. 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.
City of Winter Springs
Ordinance No. 2003-04
Page 3 of 19
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(d) Parks and recreation facilities capital improvements: The land, buildings, facilities, vehicles,
and equipment necessary for the parks and recreation department of the city to provide parks and
recreation services to the citizens of Winter Springs.
uu Police public safety facilities capital improvements: The land, buildings, facilities, vehicles and
equipment necessary for the police department of the city to provide police protection services to the
citizens of Winter Springs.
ill Residential: Includes single-family dwellings, multifamily dwelling units, mobile homes,
accessory dwelling units, accessory residential structures.
See. 9-391.3. Applicability and exemptions.
W This division shall apply to all new construction within the city limits except the following:
(1) Expansion ofa residential dwelling unit not creating another dwelling unit; and
(2) Remodeling or rebuilding of any structure; and
(3) Construction under any building permit originally issued during the year preceding
the effective date of this division; and
(4) Temporary activities and uses including, but not limited to temporary construction
and temporary commercial amusements; and
(5) Public service structures; and
(6) Publicly owned and operated buildings or structures used for general governmental
purposes (to include but not limited to sewer, stormwater, police, fire, ground
transportation, solid waste, parks, recreation and cultural purposes); and
(7) Construction associated with raising animals; and
(8) Construction related to agriculture.
(b) In addition. nonresidential development shall be exempt from parks and recreation impact
fees.
City of Winter Springs
Ordinance No. 2003-04
Page 4 of 19
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Sec. 9-391.5. Payment of fees.
(a) Time of payment. The impact fees required to be paid under this division shall police public
safety facilities fee is to be paid priOI to 01 in conjunction with the issuance of a building permit. but
in no case shall the building permit be issued until all outstanding im~act fees are paid in full to the
9k
(b) Method of payment. Impact fees shall be paid in cash unless the city commission. at its sole
and absolute discretion. specifically accepts an in-kind contribution of land or capital facilities for
public use which is reasonably related to the purpose of the credited impact fee. 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 ifs the city's current
land use and zoning designationl The appraisal shall be performed by a certified appraiser, licensed
to do business in Florida, acceptable to the city. 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 has been or will be included in the capital asset inventory of the department of the city for
which the impact fee is imposed.
.
(c) Amount offee. The following impact fees are hereby adopted: The police public safut}
faci:litics to be paid priO! to or in Gonjunction \l\1ith the issuance of a building penuit shaH be levied
based upon the following roInlUla and in the foHo\l\1i.llg amounts.
(1) Residential.
(CAI x RC)/RDU - Cost pet dweHing unit.
(2) Non-residential.
(CAI x NC)/NSF - Cost per square root ofnon-rGsidcntial development.
CAI
RC
NC
RDU
NSP
""
Capital asset inventolY.
Pel cent Iesidential Galls.
Percentage of nOIl1 esidentia:l Galls.
Number ofIesidential d\l\1cHing units
Non-residential SqUID e footage (Non-residential fee shall be
lev ied upon that portion of a structure \'l'V hiGh is classified as
nom esidential).
""
""
.
City of Winter Springs
Ordinance No. 2003-04
Page 5 of 19
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(1) Fire:
0) Residential:
Impact Fee Payment Year Impact Fee Due
2003 $173.28
2004 $174.41
2005 $175.64
2006 $176.94
2007 . $178.34
-Fee includes the same non-residential development credit set forth below.
(ii) Non-residential: $0.326 per square foot.
However, for non-residential development a credit shall be deducted from the calculated
base fire impact fee to offset payments which new development will incur (in the form of
personal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds
which were used to finance past fire capital improvements as follows:
Impact Fee Payment Year Total Credit Due
2003 $105.47
2004 $111.78
2005 $118.53
2006 $125.76
2007 $133.50
(2) Police:
(i) Residential:
Impact Fee Payment Year Impact Fee Due
2003 $105.47
2004 $111.78
2005 $118.53
2006 $125.76
2007 $133.50
-Fee includes the same non-residential development credit set forth below.
City of Winter Springs
Ordinance No. 2003-04
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(ii) Non-residential: $0.164 per square foot.
However. a credit shall be deducted from the calculated base police impact fee to offset
payments which new development will incur (in the form of personal service taxes and
franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance
past police capital improvements as follows:
Impact Fee Pavment Year Total Credit Due
2003 $176.08
2004 $169.77
2005 $163.02
2006 $155.79
2007 $148.05
(3) Parks and Recreation:
0) Residential:
Imoact Fee Payment Year Imoact Fee Due
2003 $914.53
2004 $928.66
2005 $943.78
2006 $959.96
2007 $977.27
· Fee includes credit which new development will incur to retire outstandinQ bonds which were used to finance past
parks and recreation capital improvements and to retire the Wmter SPrin?s General Obligation Bond.. Series 2002.
(ii) Non-residential: None.
(4) Fire, Police, and Parks and Recreation fees and credits have been detennined
through 2007. A reassessment of the impact fees and credits shall be provided prior to 2007
and codified in the City Code.
Sec. 9-391.6. Credits.
In addition to the discretionary credits authorized by the city commission under section 9-391.5(b ),
~ applicant for a building permit shall be entitled to a credit against future impact fees assessed
pursuant to this division 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
credinhall'b-e an amount equal-to tlie-fair marKet value of any contrioution ofland or capital facilities
City of Winter Springs
Ordinance No. 2003-04
Page 7 of 19
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for public use. The impact fee credit and the applicable contribution. dedication. or improvements
must be reasonably related. 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 the city's current land use and zoning designation~. The appraisal shall be
performed by a certified appraiser. licensed to do business in Florida acceptable to the city. 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 preceding the
effective date of this division, and the contribution ofland or capital facilities for public use has been
or will be included in the capital asset inventory of the police department of the city for which the
impact fee is imposed.
See. 9-391.7. Establishment of a trust fund.
(a) The impact fees collected by the city pursuant to this division shall be kept separate from
other revenue of the city and a capital expansion trust fund is hereby created for each impact fee
category created under this division as follows:
ill
Police Protection Capital Expansion Trust Fund.
(2) Fire Protection Capital Expansion Trust Fund.
(3) Parks and Recreation Capital Expansion Trust Fund.
(b) Use of Funds. The amounts in the impact fee police protection Gapita:l. expansion trust fund~
shall be exclusively used only for the purpose obtained 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 otth~_ trust _~nd fro~~~~~_ ~~e expenditur~ is to be made; and _ ____
City of Winter Springs
Ordinance No. 2003-04
Page 8 of 18
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ALTERNATfVE FEE STRUCTURE
(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.
Sec. 9-391.8. Capital expansion plans.
The city's police, fire and parks and recreation department~, which is are to receive funds
collected pursuant to this impact fee division" shall prepare and maintain a capital expansion plan for
its their respective individual funds which shall be for a period of no less than one (1) year. The police
Each department's plan shall be reviewed and approved by the city commission at least annually
during the budget review process.
Sec. 9-391.9. Refunds.
Refunds of police publiG safety facilities the impact 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.
Sec. 9-391.10. 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 division. 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 division;
City of Winter Springs
Ordinance No. 2003-04
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(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 division:-~
ill Common law principles of equitable estoppel and vested rights set forth in case law.
(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:
(1) 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 division;
(2) Whether the expense or obligations were made or incurred subsequent to May 14,
t9ge November 1,2002, after which day the adoption of the impact fees required by this
division was pending; and
(3) Whether the operation of this division would create an enoneOU5 inordinate burden
which would prevent petitioner from making a reasonable return on his investment.
( c) The city shall not permit the extension of a building permit beyond the initial time for
activation without the applicant complying with this division.
(d) If a previously approved development order or other binding agreement contained
conditions regarding police service impact, police impact fees required by this division and their
designated uses, or contributions to the capital asset inventory ofthe police respective department~,
the developer or his successor may request a modification of such prior approvals in order to bring
the approval conditions into consistency with the requirements of this division.
Sec. 9-391.11. Penalty for violation.
Violation of this division shall constitute a misdemeanor of the second degree and shall be
subiectto-penalty-pursuant-to-applicablecode-enforcement-procedures:-Notwithstanding-the'Griminal--
City of Winter Springs
Ordinance No. 2003-04
Page 10 of 19
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penalty provided for herein, the city may obtain an injunction or other legal or equitable relief in the
circuit court against any person violating this division.
Sec. 9-391.12. Appeal.
Any person aggrieved by any portion of this di v isioll shall administrative decision bv the city
may 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. Anv decision of the city commission
on the application shall be final and subiect to iudicial review.
Section 3. Repeal Chapter 9, Article VIII, Division 4, Fire Public Safety Facilities. The City
of Winter Springs Code, Chapter 9, Article VIII, Division 4, Fire Public Safety Facilities, is hereby repealed
in its entirety (strikeout type indicates deletions):
DIVISION 4. FIRE PUBLIC SAFETY FACILITIES
Sec. 9...396. Fit e public safety facilities inlpad fee.
[Fire pl,iblic safety impact fe~ Plovisions ale set furth herein as seGtions 9-39G.l tll10ugh 9-39G.12.]
Sec. 9...396.1. LeV) and pUl"Pose.
FOI the pU1pose of helping to defiay the GOS! ofnew or expanded filefacilitks and equipluent
atttibutablc to nelltl constlu(,tioh lltIithin the, dty limits, inlpaGt fees ale heleby levied on nelltl
constmGtlon lltIitrnn the city limits in accordance with the pro~isions of section 9-396.5, payment of
fees, and oth~1 Plovisions of this division. Tllis division is intetlded to be, consistent lltIith the
principals fOI allocating a fait shale of the cost ofnelltl publiG facilities to ne~ users as establishe.d by
the HOIida SUpleI'I.l~ Court.
City of Winter Springs
Ordinance No. 2003-04
Page 11 of 19
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Sec. 9-396.2. Definitions.
Unless othel wise specified helein, the definitions, dassifications and uses shall be as set fulth
in the City of Win tel Splings Land Development Code.
Duilding pcnuit. Any building or constlu(,tion pClIllit lequiled undet the \Vintel Splings
Building Code, Chaptel 6 of this Code.
File public safety faGilities Gapital ilnprovetnents. The land, building, facilities, vehicles and
equipmetrt neeessat} fOl the fit e department of the eit} to pi 0 vide fu efiglrting and fil e pi otcGtion
Set vices atId patatnedic senices to the citi2ens of'l,Tintet Springs.
Nonresidetltial. Indudes aH land uses not othet wise specified as lesidential 01 cxempted as
set forth het eil}, This shaH include, but is not limited to day Gat c. facilities, residential Cat e facilities,
nUl sing homes, boat ding houses, llome ocwpations, eduGational fadlities, libl at ies, cultm al facilities,
churches, all connnet cial uses, ail tI atlsient lodging atld entet tamment faGi!itic.s except those w hidl
are tetUporary in nature, aH autonloti\Je facilities atldfol stmctures, all miscellatleous business uses
and Set vices and aH illdustlial uses.
Residential. Includes singlc-fatnily dwellings, multi-fatntly dwelling units, mobile homes,
accessory d weHing units, accessol5' I esidentiaf stl uGtm es.
Sec.. 9-396.3. Applicability arid exemptions.
This division shaH apply to aH ne~ construction within the dry lilnits except the foHowing.
(1) :C'Xpansion of a lesiderrtial dweHing unit not Cleating atlothel dwelling unit, and
(2) Remodeling or I ebuilding of atlY stI uctm e, and
(3) Construction undel any building pennit originally issued dming the yeat pleceding
th~ effective date of this Orqin~KeJ.fu.A-R8 [luly_9,_199.0_],_and
City of Winter Springs
Ordinance No. 2003-04
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(4) Ten.poraty activities and uses including, but not limited to temporary constIuction
and tetnpOfat) commercial atUUSetuents, and
(5) l'ublic service stIuctures, and
(6) rublidy o~ned and operated building or stmctU1es used for genetal gOvenmlental
pmposcs (to include but not limited to sewer, stonllwater, fhe, gIound tiansportation, solid
waste, parks, recreation and cultural pm poses), and
(7) Construction associated with raising attlmals, atld
(8) COl1stIuGtion related to agriculture.
Sec. 9-396.4. Detelnlinatioll of fee alllounts.
hnpaGt fees shaH be determined atld reviewed at least ever} other yeat in acCOrdatlre with a
detailed analysis of projeGted construction within the dt} lintlts, the cost of any GApanded or new
Gapi-tal facilities and equipment tOl fit e public ser v ice facilities generated by SUGh constr uction and the
money other wise a\1ailable to meet SUGh costs. The Git} comntlssion may atlnUally adjust the
established impaGt fee rate to reflect tIle chat1ges in the cost of relevant capital facilities and
equipment. All changes Of adjustInents in the established nnpact fee rates shaH be made by or dinance
and shaH apply only to construction for which building petmits ate issued after the effuctive date of
such ordnlallCe.
Sec. 9-396.5. Payment of fees.
(a) Time of payment. The fire publiG safety facilities fee is to be paid priol to or nl cor~mlction
with tIle issuance of a buildir1g pel11tlt.
(b) Method of payment. ImpaGt fees shaH be paid in cash unless the dry Gomn1:ission spedfiGally
accepts atl in-kind contribution of latld Of capital facilities for publiG use. Credit for atly in-kind
contimution shall be on a fait market. value basis as of the date the Git} Gomntlssion aGcepts the offer
ofsuclLcontIibutiOll. The_fair matket. valueHof-any.land-accepted-as-an-in-lcind-cOlltiibutioll shall be
City of Winter Springs
Ordinance No. 2003-04
Page 13 of 19
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DRAFT 4-10-03
ALTERNATfVE FEE STRUCTURE
based upon all appraisal. of its highest and best use then allo~ed undel its cunen1. land use
designation. SUGh appraisal shall be paid for b} the donor.
(c) Amount offee. The fire publiG safety facilities to be paid priOI to 01 ih GOI~unction ~ith the
issuan(,e of a building permit shall be levied based upon the foHo~ing formula and in the foHo~ing
amounts.
(1) Residential.
(CAI X RC)fRDU.... Cost pel dweHing unit.
(2) Non-lcsidential.
(CAI X NC)/NSF.... Cost pet squate foot ofnon-Iesidential development..
CAI
RC
NC
RDU
NSF
....
Capital asset in ventory.
Percent Icsidential calls.
Percentage of noIlt esidetltial calls.
Numbel of residential d ~eHi:ng units.
Noufesidential sqUat e footage (Non-r esidetltial fee shall be
levied upon that pOItion of a stluGtlIre which is dassi:6ed as
nom esidential).
....
....
...
Sec. 9-396.6. C. edits.
An applicant for a building pel mit shaH be entitled to a GI edit against futur e tll1pact fees
assessed pUIsuant to this Oldihallce fOI contributions, dedicatiolls, or tltlPI0 vements required by the
city or thlOugh agreements with the city as a condition of any developlnet:tt petmit by the city, and
said Gledit shaH be an.. amount equal to the fair matket value of atlj contlibution Oflatld 01 capital
facilities for public use. The fait market value shall be detelmined as of the date the dry commission
accepts the offer of such contribution. The fail mal ket value of any land accepted for credit of futtu e
tmpact fees shall be based up_oJLan_appraisaLofltlLhighesLand_besLusc_and_thetl_aHowed ullcle! its
City of Winter Springs
Ordinance No. 2003-04
Page 14 of 19
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DRAFT 4-10-03
ALTERNATIVE FEE STRUcrURE
current land use designation. Such appraisal shall be paid fur by the donor. No cledit will be gta:nted
pursuant to this seaion unless the contribution oflalld or Gapital facilities fOl public, use ~a:s made
~ithin the yec't1 plecedin~ the cffective date of tIllS Oldinance No. 4788 [July 9, 1990], and the
contlibution ofland or Gapital facilities ful pubiG use has been or ~ iH be illduded in the capital asset
inventory of the fire department of the City of'vViltter SplittgS.
Sec.. 9-396.7. Establishment of a tl ust fund.
(a) The inlpact fees c.ollected by the city pmsuant to this division shaH be kept separate nom
Otltel levetlUe of the dty c't1Id a Gapital Gxpansion tlust fund is heleby Cleated. Pite PloteGtion Capital
.c'Xpansion TI liSt f'und.
(b) Use of funds. The amounts itl the fire proteGtion Gapita:l expansion tl list fund shall be used
only fOI the pm pose contained in the title of SuGh fund c't1ld fOI no Otltel purpose. .c"Xpcnditm es fi om
the fund shall be specifically apploved by the city conl1uission and sha:ll be limited to the
expc't11sion/acquisition of Gapita:I fa(,mties or equipmetlt made nccessary by the ne~ constl liction nom
~hich the fees ~ete collected 01 fol principal payments (including sinki1tg fund paymetlts) on bonds
to expand or acquire such fadlities 01 equipment. Defore authol u.i1tg c't11 expenditm en Onl c't11Y one of
these tmst funds, the city comnllssion shall detenmne that.
(1) Such expetlditure is fur Gapita:l fa(,ilities 01 equipnlent to be used &'1 the pu/pose
contained in the title of the twst fund from ~hich the expenditure is to be made, c't11d
(2) Such expenditUI e is made necessary by the ne~ 'onstl uGtion n 0111 ~ hiGh such funds
~C1G coHeGted, and
(3) Such ehpenditme shall result in a benefit to the ne~ constmction nom ~hich said
funds ~ele coHeC-ted.
Sec. 9-396.8. Capital eA.pansion plans.
The dty's me department, ~hich is to receive funds coHe'ted purSUc't1rt to this impaC-t fee
ordinan(,e shall pI epat e and maintain a Gapital expansion plan ful its individual funds ~hich slla:l:l be
tOl a-peI~iod-ofnoless-than ene-(1)-yea.L The me department's plan shall be levie~ed and applo~e"d--
City of Winter Springs
Ordinance No. 2003-04
Page 15 of 19
.
DRAFT 4-10-03
ALTERNATfVE FEE STRUCTURE
by the c.ily conl1mssion at least annuaHy during the budget le\-iew pIOcess.
Sec. 9~396.9. Reftlllds.
Refunds of fil e public. safety facilities fees paid heteundel may be aHo'Wed upon applic.ation
therefOI when it is deteIJ1l:in~d that no constluction under a building permit has occutled, and the
buildi:tlg peuuit issued rol such constNGtion has ex.pired or othel \!Vise been c.anceHed.
Sec. 9-396.10. Vested lights.
(a) A developer or suc.cessor in i:tltolest of land whic.h has leceived a building pennit may
petition the cif} c.om1'l.lission fuj a vested lights deteullination which would exempt the petitionel
from the provisions of this division. Such petition shaH be evaluated by the city attorne} and a
recommendation thereon submitted to the city commission based upon the following clitetia.
.
(1) Thet e exists a valid, 1.1uexpi:t ed go vet Il111etlt act of authol iLing a specific development
for wllich a detel.1uination is sought,
(2) DApetlditules 01 obligations made or incuned in reliance upon the authori2ing aGt
that are reasonably equivalent to the fees lequired by this division,
(3) That it would be i:tlequitable to deny tho petitionet the opportmliry to cOlLlplete the
previou5ry applovcd development under the cOhditiohs of apploval by lequitiil8, the
developer to COInpry with the lequirc.ments oftllis division.
(b) For the pmpose of tllis section, the followi:tlg fa(,tols shaH be considered in determining
whethet it would be inequitable to deny the petitioner tile opportU1lity to complete the Pleviously
apploved development.
(1) \Vhether the injury suffeled by the petitiohe1 outweighs the public (,Ost ofaHowing
the de~elopment to go rol ha:Id without payment of the fee lequired by this di~ision,
.
City of Winter Springs
Ordinance No. 2003-04
Page 16 of 19
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DRAFT 4-10-03
ALTERNATfVE FEE STRUCTURE
(2) ~v~/hethel the expense 01 obligations \?Vete made or incurred subsequent to May 14,
1990, aftC] ~hich day the adoption of this Oldin!lnce was petlding, and
(3) Vlhethel the opetation of this di"\Jision would cleate an elIoneous burden whidl
would plcvent petitionet flom making a leasonable letu1n on his imcstmetlt.
(c) The Giry shaH not pelnnt the extension of a building petnnt beyond the ilntia:l time fOI
activation withuut the applicant complying with this Ordinance.
(d) ff a previousry apploved development Oldel 01 other binding agteement contained
conditions I egat ding fire sen ice impacts, fire impact fees and theil designated uses, or contIibutions
to the Gapital. asset: ImentOlY of the file department, the developer or his sUCceSSOI may request a
modifkation of such priol applova:lS in Oldel to blihg the approval GOnditions into Gonsistency.
Sec. 9-396.11. Penalty rOI l'iolatioll.
.
Violation of this di v ision shaH constitute a nnsdemeanOl of the second de-gl ee.
Notwithstatlding the climinal penalty plovided fOI hetein, the cif} may obtain an injunaion 01 otllel
legal equitable I elief in the dl cuit Gourt against atry pel son violating this 01 dinance.
Sec. 9--396.12. Appeal.
Any pClson agglieved by any portion of tIllS division shall appeal ditectly to the. dry
comllllssion. To fife an appeal, atl indi v idual must file. an application Vv ith the cit)- matmg"] and submit
such infonnation and documentation with said application as may be required by the city matlager.
The Giry IUatlagel shall make a detel lllhlation as to the sufficietlC} of the appliGation. An application
rol appeal must be fifed with the city manager witlnn thirty (30) days of any action taketl by the dry
ful winch a person is aggtieved.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
.
City of Winter Springs
Ordinance No. 2003-04
Page 17 of 19
.
.
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DRAFT 4-10-03
ALTERNATIVE FEE STRUCTURE
Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed or
modified as necessary to effectuate the foregoing.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the remaining
portions of this ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the _ day of , 2003.
ATTEST:
CITY OF WINTER SPRINGS, FLORIDA
ANDREA LORENZO-LUACES, City Clerk
JOHN F. BUSH, Mayor
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONYA.GARGANESE
Ci!): Attorney
City of Winter Springs
Ordinance No. 2003-04
Page 18 of 19
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.
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First Reading
Posted
Second Reading and Public Hearing
F:\Docs\City or Winter Sprlngs\Ordlnances\Impact Fee\Impact_Fee4.wpd
City of Winter Springs
Ordinance No. 2003-04
Page 19 of 19
DRAFT 4-10-03
ALTERNATfVEFEESTRUCTURE
.
ATTACHMENT "B"
Proposed
Residential Flat Rate
Schedule
.
.
.
.
e
City of Winter 8crinos - Procertv ADcraisers Data
March 21. 2003
M~RA$~'
UJ~IN'G
$Q\fT.(~r; .
2,581
1,050
1,280
1,400
tit':::;):E;P~?:lfq(r;;:i5; ,:c:';': 11,;474;::\/0,' '::T29;15!f419'TiFm'i702', ;;2,492," ',:1S~;705j~3{j
. Data contianed in the above table was taken from Sm~inole COUl"!ty Property Appraiser's data, March 2003.
(1) Apartments - Assumes equal property value and apartment sci-ft per unit
(2) Duplexes - Assumes equal property value and duplex sq-ft per unit
(3) Average building sq-ft for apartments and duplexes provided by City of Winter Springs
(4) Apartment averageproperty value per sq-ft based upon typical market value (Land Design Innovations, Inc.)
Fire Imcact Fee:
Base Impact
Fee cer 8o-Ft
Credit
Millage
Credit
2003 Impact Fee
Flat Rate Per Residential Unit (5)
2003 Residential Rate:
2004 Residential Rate:
2005 Residential Rate:
2006 Residential Rate:
2007 Residential Rate:
0.086
0.086
0.086
0.086
0.086
$41.00
$39.87
$38.64
$37.34
$35.94
n/a
$173.28
$174.41
$175.64
$176.94
$178.34
Police Imcact Fee:
2003 Residential Rate:
2004 Residential Rate:
2005 Residential Rate:
2006 Residential Rate:
2007 Residential Rate:
0.113 $176.08 nfa $105.47
0.113 $169.77 $111.78
0.113 $163.02 $118.53
0.113 $155.79 $125.76
0.113 $148.05 $133.50
Parks Imcact Fee:
2003 Residential Rate:
2004 Residential Rate:
2005 Residential Rate:
2006 Residential Rate:
2007 Residential Rate:
0.834 $639.13 $524.34 $914.53
0.834 $630.55 $518.79 $928.66
0.834 $621.37 $512.85 $943.78
0.834 $611.54 $506.49 $959.96
0.834 $601.03 $499.69 $9n.27
(5) RESIDENTIAL IMPACT FEE RATES BASED u.PON WEIGHTED AVERAGE SIZE AND WEIGHTED AVERAGE PROPERTY VALUE AS REPRESENTED IN THE TABLE ABOVE.
ORDINANCE NO. 2003-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF
ORDINANCES CHAPTER 9, ARTICLE VIII, IMPACT FEES, BY
REVISING POLICE AND FIRE IMPACT FEES AND
ESTABLISHING IMPACT FEES FOR PARKS AND
RECREATION; MAKING SEVERAL CONFORMING
AMENDMENTS TO ELIMINATE REDUNDANT CODE
SECTIONS; ADOPTING SEVERAL PROCEDURAL
AMENDMENTS APPLICABLE TO THE PAYMENT OF IMPACT
FEES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has previously found and
determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter
Springs to establish police, fire and other impact fees to require new development to pay their equitable share
of public improvements that must be constructed to serve new growth; and
WHEREAS, the City Commission has commissioned an impact fee study and has retained Land
Design Innovations, Inc. ("LDf') to complete the study and prepare a report on the adequacy of the City's
current police, fire/rescue and parks and recreation impact fees; and
WHEREAS, LDI has issued to the City an impact fee report entitled, "City of Winter Springs
Impact Fee Analysis Report for Police, Fire/Rescue and Parks & Recreation," dated November 2002
("Report"); and
WHEREAS, the City Commission hereby finds that the Report legally justifies the continued
imposition of revised police, fire/rescue and parks and recreation impact fees pursuant to applicable law. See,
e.g., Volusia County v. Aberdeen at Ormond Beach, 760 So. 2d 126 (Fla. 2000); Contractors and Builders
Association of Pinellas County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald v. Metropolitan Dade
County, 338 So. 2d 863 (Fla. 3d DCA 1976); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th
DCA 1983); and
WHEREAS, the City Commission finds that Section 163.3202(3), Florida Statutes, encourages the
use of innovative land development regulations which includes the adoption of "impact fees," and
City of Winter Springs
Ordinance No. 2003-04
Page 1 of 17
~
WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are
necessary to mitigate impacts reasonably attributable to new development; and
WHEREAS, the City Commission also recognizes that the Florida Legislature has mandated that
local government plan comprehensively for future growth and that this regulatory Ordinance is consistent
with that mandate. See, e.g., Ch. 163, Fla. Stat.; and
WHEREAS, new land development activity generates public facility and service demands within the
City and it is reasonable to require new development to pay a fair share of the cost of expanding new public
facilities and services attributable to new development; and
WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Rule Powers Act,
Chapt~r 163, Florida Statutes, the City of Winter Springs Comprehensive Plan, and other applicable law
authorizing a municipality to set rates, fees, and charges for new development; and
WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs to amend the City's police, fire/rescue, and parks and recreation impact fees and procedures.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference.
Section 2. Code Amendment, Chapter 9, Article VIII, Division 3. The City of Winter Springs
Code, Chapter 9, Article VIII, Division 3, is hereby amended as follows (underlined type indicates additions
and sttikeout type indicates deletions):
ARTICLE VIII. IMPACT FEES
* * *
DIVISION 3. POLICE. FIRE. AND PARKS AND RECREATION
PUBLIC SAFETY FACILITIES
Sec. 9-391. Police public safety impact fee. Generally.
(poli(,e public safety impaGt fee prOvisions me set forth he1ein as sections 9-391.1 tll10ugh 9-391.12.]
The city commission hereby establishes police, fire, and parks and recreation impact fees
under the requirements of this division. The City Commission finds that the Florida Growth
Management Act mandates that local government plan comprehensively for future ~owth and that
this division is consistent with that mandate. In addition.. Section 163.3202(3), Florida Statutes,
encourages the use of innovative land development regulations which includes the adoption of
"impact fees." Further. new land development activity generates public facility and service demands
City of Winter Springs
Ordinance No. 2003-04
Page 2 of 17
within the City and it is reasonable to require new development to pay a fair share of the cost of
expanding new public facilities and services attributable to new development. This division is enacted
pursuant to the Florida Municipal Home Rule Powers Act Chapter 163, Florida Statutes, the City
of Winter Springs Comprehensive Plan.. and other applicable law authorizing a municipality to set
rates, fees, and charges for new development.
Sec. 9-391.1. Levy and purpose.
For the purpose of helping to defray the cost of new or expanded police, fire, and parks and
recreation 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 with the provisions of
section 9-391.5, payment offees, and other provisions of this division. This division is intended to be
consistent with the principles for allocating a fair share of the cost of new public facilities to new
users as established by the Florida Supreme Court. In support of. and as legal iustification for. the
impact fees adopted under this division, the city commission hereby adopts by reference the report
prepared by Land Design Innovations, Inc. entitled, "City of Winter Springs Impact Fee Analysis
Report for Police, Fire/Rescue and Parks & Recreation.." dated November 2002.
Sec. 9-391.2. Definitions.
Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
W Building permit: Any building or construction permit required under the Winter Springs
Building Code, Chapter 6 of this Code.
(b) Fire public safety facilities capital improvements: The land, building, facilities, vehicles and
equipment necessary for the fire department of the city to provide firefighting and fire protection
services and paramedic services to the citizens of Winter Springs.
~ Nonresidential: Includes all land uses not otherwise specified as residential or exempted as
set forth in this division. 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.
(d) Parks and recreation facilities capital improvements: The land. buildings, facilities, vehicles,
and equipment necessary for the parks and recreation department of the city to provide parks and
recreation services to the citizens of Winter Springs.
City of Winter Springs
Ordinance No. 2003-04
Page 3 of 17
~ Police public safety facilities capital improvements: The land, buildings, facilities, vehicles and
equipment necessary for the police department of the city to provide police protection services to the
citizens of Winter Springs.
ill Residential: Includes single-family dwellings, multifamily dwelling units, mobile homes,
accessory dwelling units, accessory residential structures.
Sec. 9-391.3. Applicability and exemptions.
W This division shall apply to all new construction within the city limits except the following:
(1) Expansion ofa residential dwelling unit not creating another dwelling unit; and
(2) Remodeling or rebuilding of any structure; and
(3) Construction under any building permit originally issued during the year preceding
the effective date of this division; and
(4) Temporary activities and uses including, but not limited to temporary construction
and temporary commercial amusements; and
(5) Public service structures; and
(6) Publicly owned and operated buildings or structures used for general governmental
purposes (to include but not limited to sewer, stormwater, police, fire, ground
transportation, solid waste, parks, recreation and cultural purposes); and
(7) Construction associated with raising animals; and
(8) Construction related to agriculture.
(b) In addition, nonresidential development shall be exempt from parks and recreation impact
fees.
Sec. 9-391.5. Payment of fees.
(a) Time of payment. The impact fees required to be paid under this division shall police public
safery fac.ilitic.s fee is to be paid priO! to OJ in conjunction with the issuance of a building permit. but
in no case shall the building permit be issued until all outstanding impact fees are paid in full to the
~
(b) Method of payment. Impact fees shall be paid in cash unless the city commission, at its sole
and absolute discretion. specifically accepts an in-kind contribution of land or capital facilities for
City of Winter Springs
Ordinance No. 2003-04
Page 4 of 17
public use which is reasonably related to the purpose of the credited impact fee. 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 tfs the city's current
land use and zoning designation~. The appraisal shall be performed by a certified appraiser. licensed
to do business in Florida, acceptable to the city. 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 has been or will be included in the capital asset inventory of the department ofthe city for
which the impact fee is imposed.
(c) Amount of fee. The following impact fees are hereby adopted: The police publiG safety
facil:ities to be paid priOI to 01 in cOl~unction with the issua.nce of a building permit shaH be levied
ba.sed upon the fuHowing formula mid in the fuHowing m1l0llnts.
(1) Residential.
(CAI x R-C)1RDU - Cost per dwelling unit.
(2) Non-resideJ1tial.
(CAI x NC)fNSP - Cost pel squme foot ofnon-lesidential development.
CAI
RC ""
NC ""
RDU ....
NSF ...
(I) Fire:
(i) Residential:
Capital asset inventory.
Pet Gent [esidential calis.
Percentage of nonresidential caBs.
Number of 1 esidential dwelling units
Non-residential square fuotage (Non-residential fee shaH be
levied upon that portion ofa structure which is classified as
nonresidential) .
Impact Fee Payment Year Impact Fee Due
2003 $173.28
2004 $174.41
2005 $175.64
2006 $176.94
2007 $178.34
-Fee includes the same non-residential development credit set forth below.
(ii) Non-residential: $0.326 per square foot.
City of Winter Springs
Ordinance No. 2003-04
Page 5 of 17
However. for non-residential development a credit shall be deducted from the calculated
.base fire impact fee to offset payments which new development will incur (in the form of
personal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds
which were used to finance past fire capital improvements as follows:
Impact Fee Payment Year Total Credit Due
2003 $105.47
2004 $111.78
2005 $118.53
2006 $125.76
2007 $133.50
(2) Police:
(i) Residential:
Impact Fee Pavment Year Imoact Fee Due
2003 $105.47
2004 $111.78
2005 $118.53
2006 $125.76
2007 $133.50
-Fee includes the same non-residential development credit set forth below.
(ii) Non-residential: $0.164 per square foot.
However, a credit shall be deducted from the calculated base police impact fee to offset
payments which new development will incur (in the form of personal service taxes and
franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance
past police capital improvements as follows:
Imoact Fee Pavment Year Total Credit Due
2003 $176.08
2004 $169.77
2005 $163.02
2006 $155.79
2007. $148.05
City of Winter Springs
Ordinance No. 2003-04
Page 6 of 17
(3) Parks and Recreation:
(i) Residential:
Impact Fee Payment Year Imoact Fee Due
2003 $914.53
2004 $928.66
2005 $943.78
2006 $959.96
2007 $977.27
· Fee includes credit which new deve1oJ?ffient will incur to retire outstanding bonds which were used to finance past
parks and recreation c~ital improvements and to retire the Winter Springs General Obfu!:ation Bond, Series 2002
(ii) Non-residential: None.
(4) Fire, Police, and Parks and Recreation fees and credits have been determined through
2007. A reassessment of the impact fees and credits shall be provided prior to 2007 and
codified in the City Code.
Sec. 9-391.6. Credits.
In addition to the discretionary credits authorized by the city commission under section 9-391. 5 (b), ~
applicant for a building permit shall be entitled to a credit against future impact fees assessed pursuant
to this division 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 ofland or capital facilities for public use. The
impact fee credit and the applicable contribution. dedication. or improvements must be reasonably
related. 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 the ciro current land use
and zoning designation~. The appraisal shall be performed by a certified appraiser. licensed to do business
in Florida.. acceptable to the city. 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 preceding the effective date of this division, and the contribution ofland or capital facilities for
public use has been or will be included in the capital asset inventory of the poliee department of the city
for which the impact fee is imposed.
Sec. 9-391.7. Establishment of a trust fund.
(a) The impact fees collected by the city pursuant to this division shall be kept separate from other
revenue of the city and a capital expansion trust fund is hereby created for each impact fee category
created under this division as follows:
City of Winter Springs
Ordinance No. 2003-04
Page 7 of 17
ill Police Protection Capital Expansion Trust Fund.
(2) Fire Protection Capital Expansion Trust Fund.
(3) Parks and Recreation Capital Expansion Trust Fund.
(b) Use of Funds. The amounts in the impact fee police plotection Gapita:l expansion trust fund~ shall be
exclusively used only for the purpose obtained 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.
Sec. 9-391.8. Capital expansion plans.
The city's police, fire and parks and recreation department~, which is are to receive funds collected
pursuant to this impact fee division.. shall prepare and maintain a capital expansion plan for its their
respective individual funds which shall be for a period of no less than one (1) year. The police Each
department's plan shall be reviewed and approved by the city commission at least annually during the
budget review process.
Sec. 9-391.9. Refunds.
Refunds of police public safety facilities the impact fees paid hereunder may be allowed upon
application thereof, when it is determined that no construction under a building permit has occurred, and
City of Winter Springs
Ordinance No. 2003-04
Page 8 of 17
the building permit issued for such construction has expired or otherwise been cancelled.
Sec. 9-391.10. Vested rights.
(a) A developer or successor in interest ofland 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 division. 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 division;
(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 divisioIl:"~
ill Common law principles of equitable estoppel and vested rights set forth in case law.
(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:
(1) 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 division;
(2) Whether the expense or obligations were made or incurred subsequent to May 14, 1990
November L 2002, after which day the adoption of the impact fees required by this division was
pending; and
(3) Whether the operation of this division would create an et I OneOtlS inordinate burden which would
prevent petitioner from making a reasonable return on his investment.
City of Winter Springs
Ordinance No. 2003-04
Page 9 of 17
(c) The city shall not permit the extension of a building permit beyond the initial time for activation
without the applicant complyirig with this division.
(d) If a previously approved development order or other binding agreement contained conditions
regarding police serv i(,e impact, police impact fees required by this division and their designated uses, or
contributions to the capital asset inventory of the police respective department~, the developer or his
successor may request a modification of such prior approvals in order to bring the approval conditions
into consistency with the requirements of this division.
Sec. 9-391.11. Penalty for violation.
Violation of this division shall constitute a misdemeanor of the second degree and shall be subject to
penalty pursuant to applicable code enforcement procedures. Notwithstanding the criminal penalty
provided for herein, the city may obtain an injunction or other legal or equitable relief in the circuit court
against any person violating this division.
Sec. 9-391.12. Appeal.
Any person aggrieved by any portion of this division shaH administrative decision by the city may
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. Any decision ofthe city commission on the application shall
be final and subject to judicial review.
Section 3. Repeal Chapter 9, Article VIII, Division 4, Fire Public Safety Facilities. The City of
Winter Springs Code, Chapter 9, Article VIII, Division 4, Fire Public Safety Facilities, is hereby repealed in
its entirety (strikeout type indicates deletions):
DIVISION 4. FIRE PUBLIC SAFElY FACILITIES
Sec. 9-396. FiJ e public safety facilities impact fee.
[File publiG safety iIapaGt fee prOvisions are set forth hereill as sections 9-39G.l through 9-396.12.]
City of Winter Springs
Ordinance No. 2003-04
Page 10 of 17
Sec. 9-396.1. Levy and pOI pose.
POI the. pmpose of helping to ddiaJ the cost of new or expanded fire. radlitie.s and equipment
atttmutable to ne\1V GonstlU(,tion within the Git} Iinlits, impaa fees me hel eby levied on ne\iv constmction
witllin the city limits in accoldmlce witll the pi o visions of seGtion 9-39G.5, paynlent offees, mId other
provisions of this division. This division is intended to be consistent with the Plincipa:ls for allocating a
fait shme of the GOst of new public facilities to new users as established by the Florida Suplenle Court.
Sec. 9-396.2. Definitions.
Unless othet wise specified herein, the definitions, classifications and uses shaH be as set forth in the
City of'Ninter Springs Lmld Developm~nt Code.
Duilding penuit. Any building or const1l1ction pennit lequiled l1ndel the 'Winter Splillgs Duildihg
Code, Chapter G of this Code.
fire publiG safet} facilities Gapital tll1pfovements. The land, building, facilities, vehicles and
equipmetlt necc,ssmy fur the file department of the ciry to provide filefighting mId we protection
Set vices and pmamedk serviGes to the citizens ofVvTinter Springs.
Nonresidelltial. Includes aH ImId uses not othet wise spec.ified as resideIttial or e,<:empte.d as set forth
herein. This shall tlIclude, but is not limited to day Gare facilities, residential Gat e [aGilities, llU1,sing homes,
boarding houses, home occupations, educational facilities, libraries, cultural facilities, churches, all
comnletcial uses, all bansietlt lodging mId ehtertainment facilities except those which are tempOIaty in
nature, aM autol1loti v e facilities Cl11dfol stt uctul es, all Itns(,eManeous buStlIeSS uses and sel v ices and all
industrial uses.
R-esidential. lnGIudes single-family dwellings, multi-fmnily dWeHtllg units, mobile homes, accessory
dwelling units, accessory lesidetltial stlUctures.
Sec. 9-396.3. Applicability and exenlptions.
This division shaH apply to all new construction witllin the dt} limits except the following.
(1) Expansion of a residetltial dweHing unit not creattllg another dweMing unit, and
City of Winter Springs
Ordinance No. 2003-04
Page 11 of 17
(2) Remodelihg or I ebuilding of any sti uctufC" and
(3) ConstIuGtion undel anj' building permit onginaHy issued duting the yeat Pleceding the effective
date of this Oldinance No. 488 [July 9, 1990], and
(4) T enlpOI ary aGt! v!tles and uses including, but not limited to tempOICl1 y constlUction and
tempol at)! commel cial amusements, alId
(5) PubIiG Set vice stIuctures, and
(6) Publicly owned and opelated building or stIuctUICS used for getleral go v eIllnlental pm poses (to
include but not limited to seweI, stormwateI, me, ground transportation, solid waste, patks,
reCI eation atld culmr a:l pm poses), atld
(7) COllstmction aS50cicrted ~ ith I aising anima:ls, and
(8) Constluction related to ag1ieultme.
Sec. 9-396.4. Detellllination of fee amounts.
Impact fi:.es shaH. be determined and leviewed at least e'Very otheI yeat in accordance with a detailed
analysis ofpIOjected constmction within the city limits, the cost ofatl} expanded or new Gapita:l facHities
and equipment fOI me publiG sel \< ice facilitiGs generated by 5I.1ch Gonstl uction and the money othel tlV ise
available to meet such costs. The dt} commission may atl11ua:lly adjust the established impaGt fee late to
leeect the; cha.nges in the cost oflekvant capita:! [aGilities and eq....ipment. All changes 01 adjustJHwts in
the established impact fee lates shaH. be made by ordinance and shaH apply only to constIuction for
whiGh building permits ate issued aftel the effe(,tive date of such ordinatlce.
Sec. 9-396.5. Payment of fees.
(a) Time of pay met1t. The file publi(, safety facilities fee is to be paid plioI to or in conjunction with the
issuan(,e of a building peullit.
(b) :Method ofpaymerrt. Impact reGS shaH. be paid in cash unless the city Gommission specifically accepts
an in-leind contlroution oflatld or Ga.pita:l facilities fur public use. Credit fur an} in-kihd contIibution shall
be on a fair market va:l:ue basis as of the date the city commission ac(,epts the Offel of su(,h Gon1.ributioIl.
City of Winter Springs
Ordinance No. 2003-04
Page 12 of 17
TIle fair l11alket value, of any land ac'ceptcd as all ill-kind Gontlibution shaH be based upon an appraisal of
its highest and best use then aHowed under its CUllent land use designation. Such appraisal shall be paid
f"l by the donor.
(c) Amount offce. The me public safety facilities to be paid Plior to 01 in conjune,ti(m with the isstlallce
ofa build~ peun1t shaH be levied based upon the fbllowing fOImula and in the following anlowrts.
(1) R-esidential.
(CM X RC)/RDU"'" Cost pel dweHing wlit. .
(2) Non-lesidetrtial.
(CM X NC)/NSF"'" Cost per squate foot ofnon-Iesidetltial development.
eM "'" Capital asset inventory.
RC reccetrt I esidential Galls.
NC rercetrtage of nom esideJrtial GaHs.
RDU ... NumbeI ofJesidential dwelling units.
NSF ... Nomesiderrtial square f"otage (Non-Jesidential fee shaH be levied upon that
portion of a stwcture which is classified as nomesidential).
Sec. 9--396.6. CJ edits.
An applicant fm a building permit shaH be entitled to a credit agaihst future impact tGes assessed
pU1suant to this OldinatlCe WI contJroations, dedications, OJ implovements lequaed b} the city or
through agteements with the city as a condition of any developmeJrt pel1uit by the city, and said Gledit
shaH be an amount equal to the fair market value of any contIibution ofland OJ capitc'd facilitiGs for public
use. The fair market value shall be deternlined as of the date the city Gonmlission accepts the offel of
such conti ibution. The fair market va:l:uc of any lalld accepted for credit of future il11pac,t fees shall be
based upon an appr-a:isal of its highest and best use and then allowed undet its cunelrt land use
designation. SUGh apptaisal shc'dl be paid fol by the donor. No cledit will be gtanted pursuant to this
section unless the conttibution of land 01 capital facilities roI public use was made within the yeat
preceding the effec,tive date oftllis OldinatlCe No. 4788 [July 9, 1990], and the c"Irtribution ofland or
Gapitc'd facilities fot pubic use has been or will be included in the Gapital asset inventory of the fire
City of Winter Springs
Ordinance No. 2003-04
Page 13 of 17
department of the City of~v~v'inter Splings.
Sec. 9-396.7. Esta.blishment of a bust fund.
(a) The impact fees GoHected by the cit} pursuant to this division shaH be kept sepatate Born othel
revetltle of the city and a capital expansion tltlst fund is hereby Cleated. File Protec,tion Capital
Expansion Trust Fund.
(b) Use of funds. The amounts in the fil e protection capital expansion tJ. ust fund shaH be used only fOI
the pm pose contained in the title of such fund and fur no other purpose.. ExpelIditut es B om the fund
sha:l.l be specifkally apploved by the city commission and shall be limited to the expahsionlacquisition of
capita:l facilities 01 equipmetlt made necessary by the new constmction nom which the fees were
collected or for plindpaI payments (including sinking fund paynlents) on bonds to expand 01 acquile
such facilities or equip met It. Defore authOl ~ all expenditm en om any one of these tJ. us! funds, the city
commission shaH detet mine that.
(1) Such eApetlditure is fur Gapita:l. facilities 01 equipnlent to be used fut the purpose contained in the
title of the tJ. list fund B om which the expenditut e is to be made, and
(2) Such expenditme is made necessary by tile new consttuaion 6.0111 ~hich such fulIds were
collected, atId
(J) Such expcnditme shall Iesult in a benefit to the new construction fionl which said funds were
collected.
Sec.. 9-396.8. Capital expansion plans.
The Gity's fire department, whiGh is to teceive funds collected pU1SUatrt to this impact fee ordinance
shall prepate and maintain a Gapital expansion plan fur its individua:l. funds which shall be for a period of
no less than one (1) year. The fire department's plan shall be leviewed atId apptoved by tile city
commission crt least annually dming the budget review process.
See. 9-396.9. Refunds.
Refunds offire public safety fac.i:lities fees paid heteundet may be allowed upon application therefor
City of Winter Springs
Ordinance No. 2003-04
Page 14 of 17
w hen it is detel mined that no consti uction undel a building pel nut has OCCUI I ed, and the building pel mit
issued ful SUGh construGtion has expi:ted or otherwise been cancelled.
Sec. 9-396.10. Vested lights.
(a) A developel or successor in intelest ofland which has leceived a building pelllut may petition the
~ connnission for a vested lights detem-rination wluGh would exempt the petitioner from the pI o visions
of this di vision. SUGh petition shall be evaluated by the city attomeji and a I econnneI1dation thereon
subnutted to the dty comnussion based upon the following Glitetia.
(1) Thel e exists a valid, unexp.i1 ed gOveUl111etrt aGt of autholizing a specifiG de~elopm~lrt fo! which
a detel nlination is sought,
(2) Dxpenditmes 01 obligations made or incurred in reliance upon the authorizing act that are
reasonably equivalent to the fees required by this division,
(3) That it would be inequitable. to defty the petitionel the OppOrtUlrity to complete the pr~iously
approved de\Jelopment undel the conditions of approval by I equiling the developer to COlttply with
the requi:tetllents oftIlis division.
(b) For the purpose of this section, the following fact01s sha:H be consideled in determining whether it
would be inequitable to deny the petitionel the opportunity to Gomplete the pI cviously applo\Jed
development.
(1) ~v"\'hethet the injury suffeted by the petitioner out~eighs tIle publiG Gost of allowing the
development to ~o rot watd withOut p~ment orth" fee tcquired by this division;
(2) Vv'hethel the expense 01 obligations were made 01 inculIed subsequent to May 14, 1990, after
which day the adoption of this Ordinance was pending, and
(3) Whether the operation of this division would CJeate an erroneous bUlden whiGh would pJevent
petitionel 60m making a leasonable letorIl on his investment.
(G) The dty sha:H not permit the extension of a building petnlit beyond the initial time for activation
without the appliGant complying with this OJdi:na11c'e.
City of Winter Springs
Ordinance No. 2003-04
Page 15 of 17
Cd) If a previously app!oved development ornel or othe! bilIding agieemen1. wntained conditions
regarding fire senice inlpacts, fhe intpc1Ct fees and their designate.d uses, or con1.1ibutions to the Gc1pital
asset inventory of the me department, the developel or his succ'esso! may request a modification of such
prior approvals in Older to b!ing the approval conditions into consistenG}'.
See.. 9-396.11. Penalty fOI l'iolatioll.
Violation of this di vision sha:Il constitute a misdemeanor of the second degt ee. Nom ithstanding the
aimina:I penalry p!ovided for helein, the cit} may obtain an injunction or other legal equitable reliefin the
ci:t cuit court against any person violating this Ordinance.
Sec. 9-396.12. Appeal.
Any pet son aggrieved by any portion oftms division sha:I1 appeal directly to the dry commission. To
file an appeal, an individual must file an application with the at} manager and subnrit SUGh infunnation
and documentation \1V ith said appliGation as may be requited by the at J manage!. The Git)' manage! shall
make a detet mination as to the sufIkiency of the application. An applic'ation for appeal must be filed with
the city managel witlrin t1rirty (30) days of any action taken by the Grry fur which a pel son is aggiieved.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs
City Code and any section or paragraph number or letter and any heading may be changed or modified as
necessary to effectuate the foregoing.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the validity of the remaining portions of this
ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by
the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
City of Winter Springs
Ordinance No. 2003-04
Page 16 of 17
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the 28th day of April ,2003.
ATTEST:
CITY OF WINTER SPRINGS, lFLORIDA
J,~
Mayor
Approved as to legal form and sufficiency for
the City of Winter Springs only:
A
ANTHONY A. GARGANESE
City Attorney
First Reading April 14, 2003
Posted April 15, 2003
Second Reading and Public Hearin~ April 28, 2003
F:\DOC5\City of Winter Sprlng5\Ordinance5lImpact FeelImpact_Fec_Flnal.wpd
City of Winter Springs
Ordinance No. 2003-04
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