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HomeMy WebLinkAboutOrdinance 98-17 ORDINANCE NO. 98-17 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE FOR POLICE SERVICES; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING DEFINmONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF IMPACT FEE FUND; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Short Title. This Ordinance shall be known and may be cited as the "Interim Police Services Impact Fee Ordinance." Section 2. Legislative Findings. The City Council finds, determines and declares that: a. Until such time as the City of Sunny Isles Beach adopts its own Comprehensive Plan or Impact Fee Study, the City hereby adopts the Impact Fee amounts established by Dade County for Police Services. b. The Florida Legislature, through enactment ofF.S. Chapter 163, has sought to encourage the City of Sunny Isles Beach to enact impact fees. c. The Florida Legislature, through enactment off. S. Chapter 163, has provided that until the City of Sunny Isles Beach prepares and adopts its own Comprehensive Plan, but within three (3) years following incorporation, the Dade County Master Development Plan shall be deemed the effective and controlling Plan. d. The Dade County Board of County Commissioners has adopted impact fees which it has determined to be consistent with and in furtherance of the goals, objectives and policies of its adopted Comprehensive Plan. e. The provision of adequate police protection is essential for the safety of the public. f. Continued building development in the City will directly and adversely impact existing police services. In order to maintain adequate police protection for the existing population and to accommodate projected population due to new development, additional capital resources are required and these fees will mitigate the impacts of such new development. g. Nothing in this ordinance shall prohibit or restrict funding oflaw enforcement related land, facilities and capital improvements from additional revenue sources to enhance police services. Section 3. Definitions. In construing the provisions hereof and each and every word, term, phrase or part hereof where the context will permit, the following definitions will apply: Applicant means the person who applies for a building permit or submits a plat or waiver of plat. Building means any structure having a roof entirely separated from any other structure by space or by wall in which there are not communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind. Building Permit means an official document or certificate issued by the City of Sunny Isles Beach Building, Zoning and Planning Department authorizing the construction siting, or change of use of any building. For purposes of this Ordinance, the term "Building Permit" shall also include tie- down permits for those structures or Buildings, such as mobile homes, that do not require a Building Permit in order to be occupied. City Manager shall mean the City Manager of the City of Sunny Isles Beach, Florida. Comprehensive Development Master Plan (CDMP) means the comprehensive plan of Dade County adopted and amended pursuant to the Local Government Comprehensive Planning and Land -2- Development Regulation Act, Section 163.316 et seq., Florida Statutes (1987). Credit means the present value of past provisions made by new developments for the cost of existing or future capital improvements. Development Activity, Development or Activity means any activity for which a Building Permit is required pursuant to the South Florida Building Code or any applicable City Ordinance. Development of Regional Impact means any Development which because of its character, magnitude or location would have a substantial impact on the health, safety or welfare of the citizens of more than one county. Encumbered means monies committed by contract or purchase order in a manner that obligated the City of Sunny Isles Beach to expend the funded amount upon delivery of goods, the rendering of services or the conveyance of real property provided by a vendor, supplier, contractor or owner. Existing Development means the lawful land use physically existing as of the effective date of this Ordinance and any Development or additional Development for which the landowner holds a valid Building Permit as of the effective date of this Ordinance. Existing Development shall also include that maximum level of Development Activity for which a previous impact fee was paid under the provisions ofthis Ordinance. Feepayer means a person intending to commence a proposed Development for which an impact fee computation is required under this Ordinance, or a person who has paid an impact fee, or provided a letter of credit pursuant to this Ordinance. Impact Fee means the proportionate fair share charge required to be paid in accordance with this Ordinance. -3- Improvement means any physical Improvement related to property, construction costs or other facility, or acquisition of capital equipment with respect to the impact of Development. Nonresidential Development means Development not providing for any residential units. Person, for the purposes of this Ordinance, means individuals, partnerships, trusts, corporations, and all other legal entities authorized by the law of Florida to own and develop real property. Residential Development means any building or buildings designed to be used as dwelling units. Unit or Unit of Development means a residential structure which is a quantifiable increment of Development Activity, e.g., a single-family home, or a residential module, e.g., each condominium or apartment unit within a condominium complex or building. Section 4. Impact Fees: In General. This section provides certain provisions which supplement the provisions of the Police Services Impact Fee requirements contained in this Ordinance. a. Any application for Building Permit for Development Activity within the corporate limits of the City of Sunny Isles Beach shall be subject to the assessment of a Police Services Impact Fee in the manner and amount set forth in this Ordinance. No Building Permit shall be issued by the City until the Applicant has paid the assessed Impact Fees as calculated pursuant to this Ordinance. b. Notwithstanding payment of the Impact Fees pursuant to this Ordinance, other State, County and City Development regulations may limit the issuance of Building Permits for Development Activity. -4- c. In the event Impact Fees are paid prior to or concurrently with the issuance of a Building Permit and subsequently, the Building Permit is amended, the Applicant shall pay the Impact Fee in effect at the time the amended Building Permit is issued with Credit being given for the previous fees paid. d. In the case of change of use, redevelopment, or expansion or modification of an existing use on a site which requires the issuance of a Building Permit, the Impact Fee shall be based upon the net increase in the Impact Fee for the new use as compared to the most intense previous use. e. If a Building Permit is canceled without Development commencing, then the Impact Feepayer shall be entitled to a refund, without interest, of the Impact Fee paid except that the City shall retain five percent (5%) of the fee to offset a portion of the costs of collection and refund. The Impact Feepayer shall submit an application for such a refund to the City Manager or his designee within thirty (30) days of the expiration of the order or permit, or thereafter be deemed to waive any right to a refund. f Any funds not expended or Encumbered by the end of the calendar quarter immediately following ten (10) years from the date of this Ordinance shall, upon application of the then current landowner, be returned to such landowner, without interest, provided that the landowner submits an application for a refund to the City Manager or designee within one hundred eighty (180) days of the expiration of the ten (1 0) year period. However, this section shall not apply to Development of Regional Impact with phased or long term buildout. Any claim not so timely made shall be deemed waived. g. Funds shall be deemed expended for the purposes of this Ordinance when a -5- contract or agreement encumbering all or a portion of the payment of said funds shall be approved by final City action. Section 5. Impact Fee Computation Formula. a. The Feepayer shall pay a Police Services Impact Fee amount based on the formula set forth below. The fee shall be collected by the Building, Zoning and Planning Department for all structures for which a Building Permit is issued. Such fee will be based on the capital costs required to serve the increased demand for police services resulting from the proposed new Development Activities, together with Impact Fee administrative costs. The formula used to calculate the Police Services Impact Fee shall be established as follows for each property type: The City of Sunny Isles Beach shall employ the following schedule to compute the amount of fee to be paid. Land Use/Occupancy Type Cost per Unit or per Square Foot Residential Nonresidential $96.47 per Unit $0.140 per square foot b. The fee per residential Unit or fee per nonresidential square foot shall be multiplied by the F eepayer's total number of Units for residential property or total number of square feet for nonresidential property. The total will then be multiplied by +:-6511I to accommodate the general administrative charge of five percent (5%). The resulting total is the Police Services Impact Fee and administrative charge which shall be paid by the Feepayer. c. In the case of Development Activity involving a change of use or magnitude of use in which a Building Permit is required, the proposed Development shall be required to -6- pay an Impact Fee only for the increase in the Development Activity. The Impact Fee shall be the difference between the computed Impact Fee for the proposed Development Activity and the computed Impact Fee for the Existing Development Activity. Any Building Permit which expires or is revoked after the effective date of this Ordinance and for which a fee has not previously been paid under this Ordinance shall be required to comply with the provisions herein. No refunds will be given for proposed Development Activity resulting in a negative fee calculation. d. If the type of Activity within a proposed or current Development is not specified, the City Manager or his designee shall use the Activity most nearly comparable in computing the fee. e. In determining Existing Development Activity and the Units or square feet of proposed or Existing Development, the Building, Zoning and Planning Department shall use the Building Permit and the certificate of use information contained in the building or zoning records of Dade County or the City. Section 6. Exemption. a. Alteration, expansion or replacement of an existing building or Unit where the use is not changed and the number of Units or square footage is not increased shall not be subject to the Impact Fees. The burden of demonstrating the previous existence of a use or structure or previous payment oflmpact Fees shall be upon the Feepayer. In cases where there is an existing use, any additional fees shall be based upon the alteration to the existing use or structure. b. Governmental or public facilities are exempt from the Impact Fee, including -7- those parcels, grounds, building or structures owned by Federal, State, County or the City. the Dade County School Board or the South Florida Water Management District, and related to the operation of those entities and used for governmental purposes including, but not limited to, governmental offices, police and fire stations, airports, seaports, parking facilities, equipment yards, sanitation facilities, water control structures, schools, parks, and similar facilities in or through which general government operations are conducted. It is provided. however, that the following shall not be considered governmental or public facilities and shall be subject to the provisions of this Ordinance: (1) privately owned properties or facilities leased for governmental operations or activities; and (2) public properties or facilities used for private residential, commercial or industrial activities. c. The construction of accessory buildings or structures where the use is not changed, such that an additional impact does not result and the number of Units or square footage is not materially increased, is exempt. d. A building replacement meeting the requirements of section 104.3(0), South Florida Building Code (replacement necessitated by partial destruction) is exempt. e. Parking garages are exempt from Impact Fees when the structure is accessory to a primary use structure. f An exemption must be claimed by the Feepayer prior to paying the Impact Fee. Any exemption not so claimed shall be deemed to have been waived by Feepayer. Section 7. Expenditures. a. Expenditures from the Impact Fee shall include, but not be limited to: (1) Planning, design and construction plan preparation; -8- (2) Permitting and fees; (3) Land and materials acquisition, including any costs of acquisition or condemnation; (4) Relocation of utilities required by the construction of Improvements and additions to police facilities; (5) Design and construction of new drainage facilities required by the construction of Improvements and additions to police facilities; (6) Landscaping and site preparation, including demucking, filing to flood criteria and compaction; (7) Construction management and inspection; (8) Surveying, soils and materials testing and removal of hazardous and solid waste materials; (9) Acquisition of capital equipment for police services; (10) Repayment of any monies transferred or borrowed from any budgetary fund of the City subsequent to the effective date of this Ordinance, which were used to fund any of the growth-necessitated Improvements as herein provided. Any funds that are borrowed shall be spent only to mitigate the impact of new Development; (11) Purchase of land for additional police stations and support facilities needed to accommodate new growth; (12) Design and construction of additional police stations and other facilities or design and Improvement of existing police stations and -9- other facilities needed to accommodate new growth; (13) Purchase of other capital equipment for stations affected by new growth. b. The five (5) percent general administrative cost portion of the Impact Fee shall be deposited into the General Fund and shall be used to offset the costs of administering the Impact Fee. Section 8. Establishment of Fund. Impact Fees collected pursuant to this Ordinance shall be accounted for in a Capital Outlay Impact Fee Fund to be established by the City. Section 9. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 10. Effective Date. This Ordinance shall take effect ten days after adoption on second reading. PASSED AND ADOPTED on first reading this 8th day of January, 1998. PASSED AND ADOPTED on second reading this 2.2."d d of;{c 1998. ATTEST: ~~ ~.~~U~ Richard E. Br~'City'Glerk .. ~ I <., ,r . ' ! .~ ".# ' "', . , -~-j -10- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ Lynn M. Dannheisser, City Attorney Vote: Mayor Samson Vice-Mayor Turetsky Commissioner Iglesias Commissioner Kauffinan Commissioner Morrow Motion on Second Reading by: ~. M.uvnvJ Second on Second Reading by: ~. ~ ~es) _(no) (yes) _(no) v1yes) _(no) v(yes) _(no) vI(yes) _(no) -11-