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
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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.
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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.
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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
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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
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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
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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;
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(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
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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:
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Richard E. Br~'City'Glerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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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)
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