Loading...
HomeMy WebLinkAboutOrdinance 98-18 ORDINANCE NO. 98-18 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING INTERIM PARKS AND RECREATION IMPACT FEES SCHEDULE; PROVIDING FORLEGISLA TIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR IMPACT FEE SCHEDULE; 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 COMMISSION 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 Parks and Recreation Impact Fees Ordinance." Section 2. Legislative Findings. The City Commission 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 wishes to adopt an Interim Impact Fee for Parks and Recreation. 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. All residential development is deemed to create an impact and therefore an increased demand for public facilities including public open space, park and recreation facilities. As such, the cost of new facilities should be borne by new users to the extent that new use requires new facilities. e. As such, 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, which also governs the City of Sunny Isles Beach. f. Nothing in this ordinance shall prohibit or restrict funding ofthe public parks and recreational facilities and capital improvements from additional revenue sources to enhance park services for the City. 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 0RD97-1S -2- 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 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. 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 of this 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. ORD91-IS -3- Impact Fee means the proportionate fair share charge required to be paid in accordance with this Ordinance. 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. 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. 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 hotel apartment Unit within a complex or building. Section 4. Impact Fees In General. a. Any application for Building Permit for Residential Development Activity within the corporate limits of the City of Sunny Isles Beach shall be subject to the assessment of a Parks and Recreation Impact Fee in the manner and amount set forth in this Ordinance. No such Building Permit shall be issued by the City until the Applicant has paid the assessed Impact Fee 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. 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 0RD91-IS -4- 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 an administrative charge of seven and one-half percent (71/2%) 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 ofthe ten (10) year period. Any claim not so timely made Shall be deemed waived. g. Funds shall be deemed expended for the purposes of this Ordinance when a 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 Schedule. 0RD97-1S -5- Any person requesting a Building Permit for Residential Development Activity shall pay the impact fee derived from, and identical to, Section 33H-8 of the Code of Metropolitan Dade County, District 1 (of which the City of Sunny Isles Beach is part) as follows: IMPACT FEE SCHEDULEl District Single Family Detached Single Family Attached Multi-Family - including condominium & hotel apartment Park Park Park Park Park PaIk Open Space Improvement Open Space Improvement Open Space Improvement F ee/Unit Fee/Unit FeelUnit Fee/Unit Fee/Unit F ee/Unit City of Sunny Isles $608 $744 $515 $645 $286 $404 Beach In addition to the Open Space Fee and Local Park Improvement Fee as set forth above, each F eepayer shall pay to the City a non-reflindable general adnistrative charge in the amount of seven and one-half percent (71/2%) for the processing of all materials relating to improvements at a local park. Section 6. Exemptions. a. Alteration, expansion or replacement of existing dwelling units where no additional dwelling units are created. b. The construction of accessory buildings or structures which will not create additional dwelling units. c. The issuance of a tie-down permit on a mobile home on which applicable park impact fee has previously been paid. 1 For a more detailed explanation of the computation of this impact fee schedule, see Section 33H of the Metropolitan Dade County Code, under which the City of Sunny Isles Beach currently operates pursuant to the Charter. ORD97-IS -6- d. The replacement of a dwelling unit(s) which replacement meets the requirements of the South Florida Building Code ~ 104.3 (Partial Destruction), provided, however, if the replacement is completed subsequent to five (5) years from its original destruction, including partial destruction, then, and in that event, the impact fee due here under is not waived and shall be due and payable to the City as set forth herein above. e. All development activity permitted by an existing Development of Regional Impact order adopted pursuant to Chapter 380, Florida Statutes, and approved prior to the effective date of this ordinance shall be exempt. f An exemption must be claimed by the Feepayer prior to paymg the Impact Fee. Any exemption must be claimed by the Feepayer at the time of the application for building permit. Any exemption not so claimed shall be deemed to have been waived by the Feepayer. Section 7. EXDenditures. a. Expenditures from the Impact Fee, including any accrued interest, shall include, but not be limited to: (1) Planning, design, and construction plan preparation; (2) Permitting and fees; (3) Land and materials acquisition, including any costs of acquisition or condemnation; (4) (5) (6) Financing of park acquisition, expansion or improvements; Design and construction of new drainage facilities required; Landscaping and site preparation, including demucking, filling to flood criteria and compaction; 0RD97-IS -7- (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 parks; (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 flind 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 ofland for additional parks and recreational facilities. b. The seven and one half(7Y1%) 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. Appeals of Administrative Decision. A decision of the City Manager may be appealed by the F eepayer to the City Commission. If a F eepayer wishes to appeal, he/she shall first file a Notice of Appeal within thirty (30) days after the earlier of; a. Issuance of a written decision by the City Manager; or b. Acceptance of payment by the Director of the City's Building, Zoning and Planning Department of the parks impact fee. 0RD97-IS -8- c. The F eepayer shall, when filing an appeal, submit a letter which provides a full explanation of the request, the reasons for the appeal, and all supporting documentation. Section 10. 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 ofthis Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 11. Effective Date. This Ordinance shall take effect ten days after adoption on second reading. PASSED AND ADOPTED on first reading this 81h day of January, 1998. PASSED AND ADOPTED on second reading thisWl y of -:J,,""J~~998. ~ aVId Samson, Mayor ATTEST: ~ E,~-~)\~ Richard E. Brown, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ -,-~~ '~ LynnM. D~! ~.. iff ...mey :.. .._ \, If/. <, (.;;~ ..~,~ ',' ;,~....' . . ., -'"f'~1~' "~ ,"" r"1 . -t \ f" ~~_.....--- 0RD9S-1S :.: ,~~ "\ \,...J ."~":'';'''-. -9- -;." ,~ "'-^;r" ".',~.... .to. '~'''-..r~.:' '- ~ ~;.. ., r.' ". Vote: ORD9S-IS Mayor Samson Vice-Mayor Turetsky Commissioner Iglesias Commissioner Kauffinan Commissioner Morrow Motion on Second Reading by: Second on Second Reading by: ~ ~ J(yes) ~es) (yes) _(no) _(no) _(no) _(no) _(no) -10- ~~ ~a-. ~.~~