HomeMy WebLinkAboutOrdinance 2001-133
ORDINANCE NO. 2001- ,~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, REPEALING ORDINANCES NO. 98-
17 AND 98-25; PROVIDING FOR THE IMPOSITION OF A POLICE
FACILITIES IMPACT FEE ON ALL NEW RESIDENTIAL AND NON-
RESIDENTIAL DEVELOPMENT; PROVIDING FOR PURPOSE AND
INTENT; PROVIDING FOR RULES OF CONSTRUCTION AND
DEFINITIONS; PROVIDING FOR PROCEDURES FOR IMPOSITION,
CALCULATION, COLLECTION, EXPENDITURE AND
ADMINISTRATION OF IMPACT FEES; PROVIDING FOR IMPACT FEE
ACCOUNTS, APPROPRIATION OF FEES AND REFUND OF FEES;
PROVIDING FOR PROCEDURES FOR APPEAL; PROVIDING FOR
EXEMPTIONSIW AIVERS; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR METHOD OF PAYMENT; PROVIDING FOR
SEVERABLITIY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach was incorporated in June 1997, and the City
was provided with police services initially from Miami-Dade County; and;
WHEREAS, subsequent to incorporation the City adopted Ordinance 98-17 as modified
by Ordinance 98-25, as the interim Police Facilities Impact Fee Ordinance in accordance with the
impact fee amounts established by Miami-Dade County for police services, which was to be in
force until such time as the City adopts its own Impact Fee Study; and
WHEREAS, pursuant to its home rule authority and in accordance with Chapter 163,
Florida Statutes, the City has the authority to adopt the impact fees to implement its
Comprehensive Plan; and
WHEREAS, the City Commission of the City of Sunny Isles Beach, Florida
("Commission") retained Tischler & Associates, Inc. and, by subcontract, Freilich, Leitner &
Carlisle ("Consultants"), to analyze and assess growth and development projections for the
period 2000 to 2020 to determine the additional demand anticipated to be placed on the City for
police facilities and vehicles; and
WHEREAS, the Consultants additionally reviewed the eXIstmg demand for police
services and vehicles, the existing police facilities and vehicles available to meet that demand,
and the method of financing the existing police facilities and vehicles; and
WHEREAS, the Consultants have reviewed the existing level of service standards; and
WHEREAS, the Consultants have prepared an Impact Fees Report (March 5, 2001)
("Impact Fees Report") which has been adopted by Resolution No::lDCll-3'fS, including the
police facilities impact fee assumptions, residential, transient and non-residential development
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projections, capital improvements and impact fee calculations, which Report has been submitted
to and reviewed by City staff and officials and incorporated into an Impact Fees Manual; and
WHEREAS, the types of facilities and associated costs that are included in the police
facilities impact fee are the new police headquarters and police vehicles; and
WHEREAS, the police facilities impact fee calculation methodology is a "plan-based"
cost methodology for the police headquarters, and an incremental expansion basis for the
acquisition of vehicles, as described in the Impact Fees Report with all capital costs attributable
to residential and non-residential development; and
WHEREAS, to derive appropriate proportionate share factors for residential and non-
residential development the Consultants have relied on existing levels of service; and
WHEREAS, the Consultants have determined that the appropriate demand unit for
dwelling units is per capita, and for transient lodging is per transient unit, and the appropriate
demand unit for non-residential development is per vehicle trip; and
WHEREAS, the City finds that source and scale of the projected residential and non-
residential development will place substantial additional demands on the existing police facilities
and vehicles which, if not supplemented by the provision of a new police headquarters and
additioRal future replacement police vehicles would suffer a decrease in the level of service
currently provided by the City; and
WHEREAS, the Consultants have determined that residents, hotel guests and businesses
are entitled to a credit for outstanding principal payments on existing bonded indebtedness if any,
for the new police headquarters; and
WHEREAS, different impact fees have been established for different types of residential
and non-residential development, to make the fees proportionate to the demand for public
facilities; and
WHEREAS, the Commission has reviewed and adopted by Resolution No. 2001- 3t{.3
the Impact Fees Report and Manual and determined: (1) that the police facilities impact fee is
necessary to offset the costs associated with meeting the demand for future police services
pursuant to the development projections; (2) that the police facilities impact fee bears a
reasonable relationship to the burden imposed upon the City to provide new police facilities to
new residents, transient guests and businesses, and provides a benefit to such new residents,
transient guests and businesses reasonably related to the police facilities impact fee, per dwelling
unit, by type; (3) that an essential nexus exists between the projected new residential, transient
and non-residential development and the need for additional police facilities to be funded via the
police facilities impact fee; and (4) that the amount of the police facilities impact fee is roughly
proportional to the pro rata share of the additional police facilities needed to provide adequate
police services to new residential, transient and non-residential development, while maintaining
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the existing level of service (LOS) standard currently provided to City residents, transient guests
and businesses; and
WHEREAS, the Commission has conducted two (2) readings, including a public hearing
on the proposed police facilities impact fee prior to the scheduled date of adoption of the police
facilities impact fee; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1:
Purposes and Intent. The purposes and intent of these impact fee procedures are:
A. To establish uniform procedures for the imposition, calculation, collection, expenditure
and administration of impact fees imposed on new development;
B. To implement the goals, objectives and policies of the Sunny Isles Beach Comprehensive
Plan relating to assuring that new development contributes its fair share towards the costs of
public facilities reasonably necessitated by such new development;
C. To ensure that new development is reasonably benefited by the provision of the public
facilities provided with the proceeds of impact fees; and
D. To ensure that all applicable legal standards and criteria are properly incorporated in these
procedures.
Section 2:
Rules of Construction and Definitions.
A. In the interpretation and construction of this Chapter, the following rules of construction
shall apply:
1. The word "shall" is always mandatory and not discretionary and the word "may" is
permissive.
2. Words used in the present tense shall include the future; and words used in the singular
shall include the plural and the plural the singular, unless the context clearly indicates
the contrary; use of the masculine gender shall include the feminine gender.
3. The phrase "used for" includes "arranged for," "designed for," "maintained for," or
"occupied for."
4. Unless the context clearly indicates the contrary, where a regulation involves two or
more items, conditions, provisions, or events connected by the conjunction "and," "or"
or "either...or," the conjunction shall be interpreted as follows:
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a. "And" indicates that all the connected terms, conditions, provisions or events
shall apply.
b. "Or" indicates that the connected items, conditions, provisions or events may
apply singly or in any combination.
c. "Either...or" indicates that the connected items, conditions, provlSlons or
events shall apply singly but not in combination.
5. The words "includes" and "including" shall not limit a term to the specific example but
are intended to extend its meaning to all other instances or circumstances of like kind or
character.
B. The words or phrases used herein shall have the meaning prescribed in the current City
Code except as otherwise indicated herein:
Applicant - any individual, firm, corporation, partnership, association, society, syndication,
trust, or other legal entity, which files an application with the City for a building permit.
Appropriation or to appropriate - an action by the Commission to identify specific public
facilities for which impact fee funds may be utilized. Appropriation shall include: listing of a
public facility in the adopted City budget or capital improvements program; execution of a
contract or other legal encumbrance for construction of a public facility using impact fee
funds in whole or in part; or actual expenditure of impact fee funds through payments made
from a impact fee account.
Budget Officer - the City employee or officer responsible for assisting the Commission in
the preparation of City budgets.
Building - Any permanent structure, or portion thereof, designed or built for the support,
enclosure, shelter, or protection of persons, animals, chattels or property of any kind.
Building Official - the Director of the Building Department, titled the Building Official shall
administer, calculate and collect the impact fees.
Building Permit - the official document or certificate issued by the Building Department
under the authority of ordinance or law, authorizing the commencement of construction or
construction siting of any building or part thereof or authorizing a change in use. The term
"Building Permit" shall also include tie-down permits for those buildings or structures, such
as mobile homes, that do not require a Building Permit in order to be occupied.
City - the City of Sunny Isles Beach, Florida.
City Manager - the City Manager of the City and shall be the final arbiter of the fee amount,
which decision may be appealed to the Commission.
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City Attorney - the person appointed by the Commission to serve as its counsel, or designee.
Commission -the City Commission of the City of Sunny Isles Beach, Florida.
Develop - any individual, firm, corporation, partnership, association, society, syndication,
trust, or other legal entity that is responsible for creating a demand for City facilities and
servIces.
Development - any man-made change to improved or unimproved real estate, including but
not limited to buildings or other structures, dumping, extraction, dredging, grading, paving,
storage of materials or equipment, land excavation, land clearing, land improvement, landfill
operation, or any combination thereof; and any change in the use of a building for which a
building permit is required by law.
Dwelling Unit - a room or group of rooms forming a single unit containing living, sleeping
and cooking accommodations and designed to be used for living purposes. Each apartment
unit or mobile home shall be considered a dwelling unit. Dwelling units shall not include
those units designed primarily for transient occupancy purposes, including both resort and
apartment hotels, nor shall they include rooms in hospitals or nursing homes. Dwelling units
may be classified as follows:
1. Low Density includes single-family detached and attached units, designed and used
only by one family, and which is either physically separated from or attached to one or
more dwelling units, such as townhouses and duplexes, up to 13 dwelling units per
acre.
2. Medium Density includes buildings that contain 3-49 dwelling units per building, and
mobile homes, at a density of 13 to 25 dwelling units per acre.
3. High Density includes all dwelling units located in buildings that contain 50 or more
dwelling units per building, at a density of more than 25 units per acre.
Effective Date of this Order - ten days from the date of adoption, unless provided otherwise.
Fee Payer - 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 performance bond pursuant to this Ordinance.
Governing Body - the Commission.
Housing Unit - a dwelling unit.
Impact Fee - a fee adopted by the Commission for the City which is imposed on new
development on a pro rata basis in connection with and as a condition for the issuance of a
building pen-nit and which is calculated to defray all or a portion of the costs of the public
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facilities required to accommodate new development at City-designated level of service
(LOS) standards and which reasonably benefits the new development.
Impact Fees Manual - a manual prepared by the City containing the development projections
for the City, including the projected growth rate, the need for additional capital facilities,
and the calculation methodology for impact fees, and which may include forms and other
administrative provisions deemed appropriate by the City Manager or his designee.
Mobile Home - a portable dwelling unit which is designed and built to be towed on its own
chassis, including frame and wheels and to be connected to utilities. A mobile home is
designed without a permanent foundation for year-round living. A unit may contain parts
that can be combined, folded, collapsed, or telescoped while towed and expanded later to
provide additional cubic capacity. This does not include modular or sectional homes.
Multiple Uses - a new development consisting of both residential and non-residential uses,
or both transient units and dwelling units, or one (1) or more different types of non-
residential use, on the same site or part of the same new development.
New Development - any new construction, reconstruction, redevelopment, rehabilitation,
structural alteration, structural enlargement, structural extension, or new use which requires
a building permit.
Non-residential - any use or establishment of a building other than as a dwelling unit or
transient unit, and including commercial, industrial and institutional uses. Non-residential
uses are divided into the following categories:
Com/Shop Ctr. - Commercial and/or Shopping Center
Office/Inst. - General Office and/or Institutional
All of the above terms are defined or used in the manual entitled Trip Generation prepared
by the Institute of Transportation Engineers, 1997.
Police Facilities Impact Fee. - a fee imposed on new residential and non-residential
development to fund the proportionate share of the costs of the new police headquarters plus
the costs of police vehicles and major capital equipment.
Public Facility or Service - public improvements, facilities or services necessitated by new
development, including, but not limited to, water resources, transportation, sheriff facilities,
public works, fire and emergency medical services, community facilities, City facilities,
water facilities, sewer facilities, flood control and drainage, solid waste disposal, open space,
parks, utilities and schools and educational facilities.
Public Facilitv Expenditures - include amounts appropriated in connection with the
planning, design, engineering and construction of public facilities; planning, legal,
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appraisal and other costs related to the acquisition of land, financing and development costs;
the costs of compliance with purchasing procedures and applicable administrative and legal
requirements; and all other costs necessary or incident to provision of the public facility.
Residential Use - any use of a building as or for a dwelling unit or for a transient unit.
Transient Unit - a room, or separate living quarters consisting of more than one room but
rented as a single unit, used and occupied as a hotel room, a unit in an apartment hotel or
other accommodation intended for temporary lodging.
Section 3:
Procedures for Imposition. Calculation and Collection of Impact Fees.
A. In General. An applicant shall be notified by the City of the applicable impact fee
requirements at the time of application for a building permit. At such time, the impact fees shall
be calculated by the Building Official, or designee, and shall be paid by the applicant prior to the
issuance of a building permit.
B. Calculation.
1. Upon receipt of an application for a building permit, the Building Official or
designee, shall determine (a) whether it is a residential or non-residential use, (b) the
specific category (type) of residential or non-residential development, if applicable,
(c) if residential, whether dwelling units or transient units and the number of new
dwelling units or transient units, (d) if non-residential, the number of new or
additional square feet of gross floor area (rounded up to the nearest square foot) and
the proposed use, and (e) if non-residential, whether the proposed use is in the same
category (type) of non-residential development as the prior use.
2. Upon receipt of an application for a change of use certificate for an existing building,
the City Manager or his designee, shall determine whether it is for a change in use,
and shall notify the Building Official of such determination, after which the Building
Official shall calculate the applicable impact fee, as set forth below. In such cases, the
impact fee due shall be based only on the incremental increase in the fee for the
additional public facilities needed for the change in use. An applicant shall not be
entitled to a refund where the change of use is to a category of development that
imposes a lower demand on public facilities.
3. After making these determinations, the Building Official or designee, shall calculate
the applicable impact fee by multiplying the demand added by the new development
by the amount of the applicable impact fee per unit of development, incorporating any
applicable offset if set forth in the particular impact fee calculation methodology.
4. If the type of land use proposed for new development is not expressly listed in the
particular impact fee ordinance and schedule, the Building Official shall notify the
City Manager or his designee, who shall:
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a. identify the most similar land use type listed and calculate the impact fee
based on that land use; or
b. identify the broader land use category within which the specified land use
would apply and calculate the impact fee based on that land use category; or
c. at the option of the applicant, or the City Manager, determine the basis used to
calculate the fee pursuant to an independent impact analysis for impact fee
calculation. This option shall be requested by the applicant on a form
provided by the City for such purpose. If this option is chosen, the following
shall apply:
(1) The applicant shall be responsible, at its sole expense, for preparing
the independent impact analysis, which shall be reviewed for approval
by the City Manager, prior to payment of the fee.
(2) The independent impact analysis shall measure the impact that the
proposed development will have on the particular public facility at
issue, and shall be based on the same methodologies used in, the
impact fee calculation methodology report, and shall be supported by
professionally acceptable data and assumptions.
(3) After review of the independent impact analysis submitted by the
applicant, the City Manager shall accept or reject the analysis and
provide written notice to the applicant of its decision within forty-five
(45) days. If the independent impact analysis is rejected, the written
notice shall provide an explanation of the insufficiencies of the
analysis.
(4) The final decision of the City Manager may be appealed pursuant to
Section 5, hereinbelow.
5. An applicant may request a non-binding estimate of impact fees due for a particular
new development at any time by filing a request on a form provided for such purpose
by the Building Official; provided, however, that such estimate may be subject to
change when a formal application for a building permit for new development is made.
Such non-binding estimate is solely for the benefit of the prospective applicant and
shall in no way bind the City nor preclude it from making amendments or revisions to
any provisions of these Procedures, the specific impact fee implementing ordinances,
or the impact fee schedules.
6. The calculation of impact fees due from a multiple-use new development shall be
based upon the impact fee for each public facility generated by each land use type in
the new development.
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7. The calculation of impact fees due from a phased new development shall be based
upon the impact fees due for each specific land use within the phase of development
for which building permits are requested.
8. Impact fees shall first be calculated based on the impact fee amount in effect at the
time of application for a building permit, but the amount of the impact fee due is the
amount of the impact fee in effect on the date of issuance of the building permit.
C. Offsets.
1. Offsets against the amount of a impact fee due from a new development shall be
provided for, among other things, contributions made concurrently or to be made in
the future in cash, or by dedication of land, or by actual construction of all or part of a
public facility by the affected property owner for public facilities meeting or
exceeding the demand generated by the new development for the specific facility and
the contribution is determined by the City Manager or his designee, to be a reasonable
substitute for the cost of public facilities which are included in ~he particular impact
fee calculation methodology.
2. The amount of the excess contribution shall be determined by the City Manager or his
designee upon receipt of an application form requesting an offset; provided, however,
that (a) the City Manager will make no reimbursement for excess contributions unless
and until the particular public facility fund has sufficient revenue to make the
reimbursement without jeopardizing the continuity of the City's capital improvements
program and (b) the excess contribution may not be transferred or credited to any
other type of impact fees calculated to be due from that development for other type of
public facilities. The determination of the eligibility for and the amount of the credit
shall be made by the City Manager on a form provided for such purposes. If the
applicant contends that any aspect of the City Manager's decision constitutes an abuse
of discretion, the applicant shall be entitled to appeal pursuant to Section 5
hereinbelow.
3. No offset shall be allowed unless the Commission has approved the contribution or
expenditure before it is made.
4. Offsets for dedication of land or provision of public facilities shall be applicable only
as to impact fees imposed for the same types of public facilities that are proposed to
be dedicated or provided. Even if the value of the dedication of land or provision of a
public facility exceeds the impact fee due for the type of public facility, the excess
value may not be transferred to impact fees calculated to be due from the applicant for
other types of public facilities for which impact fees may be imposed. Offsets may,
however, be transferred to the same applicant or to other applicants for new
development that are proposed within the final approved plan for a single
development and for the same type of public facility.
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5. Notwithstanding any other provision of this Section 3.C., no credit or offset shall be
given for land dedicated, cash contributed or actual construction undertaken prior to
the effective date of this Ordinance.
D. Collection.
1. The Building Official or designee, shall collect all applicable impact fees at the time
of issuance of a building permit and shall issue a receipt to the applicant for such
payment unless:
a. the applicant is determined to be entitled to a full offset; or
b. the applicant has been determined to be not subject to the payment of a impact
fee; or
c. the applicant has filed an appeal and a letter of c;redit performance bond in the
amount of the impact fee, as calculated by the Building Official or designee,
has been posted with the City. Such inevoeable letter of c;redit cash bond must
first be approved by the City Attorney.
2. The Building Official shall collect an impact fee at the time of issuance of a building
permit even if impact fees were paid by the applicant at an earlier time in the
development permit or approval process, including at the time of application for a
building permit, if the amount of the impact fees has increased since such prior
approval. The applicant shall only be liable for the difference between the impact fees
paid earlier and those in effect at the time of issuance of the subsequent building
permit.
Section 4:
Establishment of Impact Fee Accounts; Appropriation of Impact Fee Funds; And
Refunds
A Impact Fee Accounts. An impact fee account shall be established by the Commission for
each category of public facilities for which impact fees are imposed. Such account shall clearly
identify the category, account, or fund for which the impact fee has been imposed. Sub-accounts
may be established for individual impact fee districts. All impact fees collected by the City shall
be deposited into the appropriate impact fee account or sub-account, which shall be interest
bearing. All interest earned on monies deposited to such account shall be credited to and shall be
considered funds of the account. The funds of each such account shall be capable of being
accounted for separately from all other City funds, over time. The City shall establish and
implement necessary accounting controls to ensure that the impact fee funds are properly
deposited, accounted for, and appropriated in accordance with this Ordinance, and any other
applicable legal requirements.
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B. Appropriation of Impact Fee Funds.
1. In General. Impact fee funds may be appropriated for public facilities, for public facility
expenditures, and for the payment of principal, interest and other financing costs on
contracts, bonds, notes or other obligations issued by or on behalf of the City to finance
such public facilities and public facility expenditures. All appropriations from impact fee
accounts shall be detailed on a form filed within the Finance Department.
2. Restrictions on Appropriations. Impact fees shall be appropriated only for the particular
category of public facilities for which they were imposed, calculated and collected.
Impact fees shall not be appropriated for funding any expenditure that would be
classified in an accounting as a maintenance or repair expense or for operational or
personal expense or for operational or personnel expenses associated with the provision
of the public facility.
3. Appropriation of Impact Fee Funds Beyond Six (6) Years of Collection.
Notwithstanding Section 4.B.2, impact fee funds may be appropriated beyond six (6)
years from the beginning of the Fiscal Year immediately succeeding the date of
collection if the appropriation is for a public facility which requires more than six (6)
years to plan, design and construct, and the demand for the public facility is generated in
whole or in part by the new development" or if the public facility will actually serve the
new development, or where the Capital Improvements Program prepared by the City for
a particular category of public facility has used a longer time frame. Such appropriations
shall be documented by the City.
C. Procedure for Appropriation of Impact Fee Funds.
1. The City Manager shall each year identify public facility projects anticipated to be
funded in whole or in part, with impact fees. The public facilities so identified shall be
based upon such information as may be relevant, and may be part of the City's annual
budget and capital improvements programming process.
2. All such identification of public facility projects shall be consistent with the provisions
of this Ordinance, the particular public facility impact fee ordinances or other applicable
legal requirements and any guidelines adopted by the Commission.
3. The Commission may include impact fee-funded public facilities in the City's annual
budget and capital improvements program. Prior to including such public facilities in
the budget and capital improvements program, the Commission shall consider the
nature of the facility, the location of the public facility, the capacity to be added by the
public facility, the service area of the public facility, the need/demand for the public
facility, and the anticipated timing of completion of the public facility.
4. The Commission may authorize impact fee-funded public facilities at such other times
as may be deemed necessary and appropriate by a majority vote of the Commission.s
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5. The Commission shall verify that adequate impact fee funds are or will be available
from the appropriate impact fee account for the particular public facility.
D. Refunds.
1. Eligibility for Refund.
a. Expiration or Revocation of Building Permit. An applicant who has paid a impact
fee for a new development for which the necessary building permit has expired or
for which the building permit has been revoked prior to construction shall be
eligible to apply for a refund of impact fees paid on a form provided by the City
for such purposes.
b. Abandonment of Development After Initiation of Construction. An applicant who
has paid a impact fee for a new development for which a building permit has been
issued and pursuant to which construction has been initiated, but which
construction is abandoned prior to completion ax id issuance of a certificate of
occupancy, shall not be eligible for a refund unless the uncompleted building is
completely demolished.
C. Administrative Fee. A 2% administrative fee, but not to exceed $500, shall be
deducted from the amount of any refund granted and shall be retained by the City
to defray the administrative expenses associated with the processing of a refund
application.
d. Any impact fee funds not expended by the end of the fiscal quarter immediately
following six (6) years from the date the fee was paid shall be returned to the
applicant, by the City, with accrued interest. No refunds of impact fees will be
provided in the event the applicant does not request such a refund prior to the
expiration of the end of the fiscal quarter immediately following the six-year
period from the date the impact fees were paid.
e. Impact fees shall be deemed expended for the purposes of this ordinance when
any portion of the payment of the fee is encumbered by contract or agreement by
the City.
2. Except as provided in Section 4.D.I.a. hereof, refunds shall be made only to the current
owner of property on which the new development was proposed or occurred.
3. Applications for a refund shall be made on a form provided by the City for such purposes
and shall include all information required in Sections 4.D5 or Section 4.D.6 hereof, as
appropriate. Upon receipt of a complete application for a refund, the Building Official or
designee, shall review the application and documentary evidence submitted by the
applicant as well as such other information and evidence as may be deemed relevant, and
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make a determination as to whether a refund is due. Refunds by direct payment shall be
made following an affirmative determination by the Building Official or designee.
4. Applications for refunds due to abandonment of a new development prior to completion
or due to expiration or revocation of a building permit shall be made on forms provided
by the Building Official and shall be made within sixty (60) days following expiration or
revocation of the building. The applicant shall submit (a) evidence that the applicant is
the property owner or the duly designated agent of the property owner, (b) the amount of
the impact fees paid by public facilities category and receipts evidencing such payments,
and (c) documentation evidencing the expiration or revocation of the building permit
prior to construction or approval of demolition of the structure pursuant to a valid City-
issued demolition permit. Failure to apply for a refund within sixty (60) days following
expiration or revocation of the building permit or demolition of the structure shall
constitute a waiver of entitlement to a refund. No interest shall be paid by the City in
calculating the amount of the refunds.
5. Applications for refunds due to the failure of the City to appropriate impact fees collected
from the applicant within the time limits established in Section 4.B.2 hereof shall be
made on forms provided by the City and shall be made within one (1) year following the
expiration of such time limit. The applicant shall submit (a) evidence that the applicant is
the property owner or the duly designated agent of the property owner, (b) the amount of
the impact fees paid by public facility category and receipts evidencing such payments,
and (c) description and documentation of the City's failure to appropriate impact fee funds
for relevant public facilities.
6. The City may, at its option, make refunds of impact fees by direct payment, by offsetting
such refunds against other impact fees due for the same category of public facilities for
new development on the same property, or by other means subject to agreement with the
property owner.
Section 5: Appeals.
A. An appeal from any decision of the Building Official or his designee, may be appealed to
the City Manager within fifteen (15) days. An appeal from any decision of a City Manager
pursuant to this Ordinance shall be made to the Commission by filing a written appeal on the
appropriate City form with the City Clerk within thirty (30) days following the decision which is
being appealed; provided, however, that if the notice of appeal is accompanied by a Clash bORd or
letter of er-edit performance bond in a form satisfactory to the City Attorney in an amount equal
to the impact fee calculated to be due, a building permit may be issued for the new development.
The filing of an appeal shall not stay the imposition or the collection of the impact fee as
calculated by the City unless a cask bORd or letter of cr~dit performance bond has been provided.
B. The burden of proof shall be on the appellant to demonstrate that the decision of the City
is erroneous.
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C. All appeals shall detail the specific grounds therefore and all other relevant information
and shall be filed on a form provided by the City for such purposes.
Section 6:
ExemptionslW aivers.
A. Filing of Application. Petition for waivers from specific impact fees shall be filed with
the Commission on forms provided by the City.
B. Effect of Grant of Exemption. If an exemption from the application of the provisions of
this Ordinance is authorized by the terms of a specific impact fee ordinance, or if the
Commission determines that such an exemption is appropriate or required by law, the City shall
not be required to provide any funds equal to the amount of any impact fee which would have
been due without such exemption.
C. Effect of Grant of Waiver. If the Commission grants a waiver in whole or in part of
impact fees otherwise due, the amount of the impact fees waived shall be provided by the City
from non-impact fee funds, and such funds shall be deposited to the appropriate impact fee
account within a reasonable period of time consistent with the applicable City capital
improvements program.
D. Development Agreements. Nothing herein shall be deemed to limit the City's authority or
ability to enter into Development Agreements with applicants for new development that may
provide for dedication of land, payments in lieu of impact fees, or actual infrastructure
improvements. Such development agreements may allow offsets against impact fees for
contributions made or to be made in the future in cash, or by taxes or assessments or dedication
of land or by actual construction of all or part of a public facility by the affected property owner.
Section 7:
Enforcement
A. It is unlawful for any person or entity to enlarge, alter or change any use of property or to
erect, construct, enlarge, alter, repair, move, improve, make, put together or convert any building
in the City, or attempt to do so, or cause the same to be done, without first paying all impact fees
imposed by this Ordinance. Any person or entity who shall so violate this Chapter shall be guilty
of a misdemeanor, and upon conviction thereof, shall be fined up to Five Hundred Dollars
($500.00) or imprisoned for up to thirty (30) days, or be both fined and imprisoned. Each day that
the violation continues shall be deemed a separate offense.
B. In the event an impact fee is not paid as required hereunder, the City Attorney may
institute an action to recover the fee and enjoin the use of the property until the fee is paid. The
person who fails so to pay shall be responsible for the costs of such suit, including reasonable
attorneys fees.
C. If not paid as required by this Ordinance, impact fees shall constitute a lien against the
property being developed and shall be levied, collected, and enforced in the same manner as are
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City real property taxes, and shall have the same priority and bear the same interest and penalties
as City real property taxes for lien purposes.
Section 8. Repealer. Ordinance Nos. 98-17 and 98-25 of Sunny Isles Beach, Florida
establishing interim Police Facilities Impact Fees, are hereby repealed. To the extent of any
conflict between Resolution No. 2001-~ and any ordinances adopting and imposing the
impact fees, those ordinances shall be deemed to be controlling.
Section 9. Establishment and Imposition of Police Facilities !impact Fees. A Police
Facilities Impact Fee is hereby established and imposed on all new residential and non-residential
development in the City, as follows:
A. Service Area. The applicable service area (the "Service Area") for imposition of a Police
Facilities Impact Fee is the entire City,
B. Fee Imposition and Amount. All new residential and non-residential development in the
Service Area shall be subject to the payment of a Police Facilities Impact Fee payable at the time
of issuance of a building permit by the City, pursuant to this Ordinance and the Impact Fee
Procedures, as follows:
Residential Development
Low Density
Medium Density
High Density
Impact Fee Per Dwelling Unit
$103
$ 74
$ 71
Transient Lodging
Impact Fee Per Transient Unit
Apartment Hotel
Resort Hotel
$308
$308
Non-Residential Development
Per 1.000 Square Feet
Com / Shop Ctr 25,000 SF or less
Com / Shop Ctr 25,001-50,000 SF
Com / Shop Ctr 50,001-100,000 SF
Corn / Shop Ctr over 100,000 SF
Office/ Inst. 10,000 SF or less
Office/Inst. 10,001 -25,000 SF
Office / Inst. over 25,000 SF
$2,853
$2,633
$2,293
$1,975
$1,313
$1,061
$ 904
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C. Impact Fee Updates.
1.- On October 1, 2002, and on October I of each year thereafter in which the Police
Facilities Impact Fee is in effect, the amount of the Police Facilities Impact Fee, per
dwelling unit, per transient unit, and per 1,000 square feet of gross floor area for
non-residential development, shall be automatically adjusted to account for inflationary
increases in the cost of providing public facilities utilizing the most recent 20-city annual
national average data from the Engineering News Record Construction Cost Index.
2. In lieu of this automatic annual adjustment, the Commission may, at its option, determine
the appropriate adjustment pursuant to a report provided by the Office of the City
Manager.
3. Nothing herein shall prevent the Commission from electing to retain the existing Police
Facilities Impact Fee or from electing to waive the inflation adjustment for any given
fiscal year, or years.
Section 10. Liberal Construction. The provIslOns of this Ordinance shall be liberally
construed to effectively carry out its purposes in the interest of fiirther promoting and protecting
the public health, safety and welfare.
Section 11. Method of Payment
A. Payment Due
1. General. All payments shall be made in the following manner:
a. Payment shall be made in cash or by personal check, cashier's check, or money
order payable to the City of Sunny Isles Beach. All payments shall be made to the
Building Official.
At the sole discretion of the City Manager, the City may accept payment in escrow
of the full amount of impact fees attributable to a particular land development
activity, or mix of land development activities on a single parcel by the impact
fees schedules, in order to allow the issuance of building and other development
permits while the City makes a determination on a feepayer's claim to a fee
adjustment. The escrow payment shall be made as set out above and shall be
earmarked as escrowed funds, within the appropriate impact fee trust fund. No
escrowed funds will be accepted which are not accompanied by a signed letter
agreement, acceptable to the City Attorney's Office, stating, the purpose of the
escrow and releasing the City from any claim to the escrowed funds by the
feepayer or his successors if the City ultimately denies the feepayer's request for a
fee adjustment. If the City subsequently approves the requested fee ad ustment the
difference between the amount paid into escrow and the adjusted fee shall be
returned to the feepayer. If the fee adjustment is denied, the escrowed funds shall
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16
be released to the City and the feepayer may pursue an appeal of the determination
as set out in the ordinances.
2. Invalid Payment.
a. Deficient Payment. In the event the payment of required impact fees subsequently
proves to be invalid due to insufficient funds, improper execution, or for any other
reason, then the following action shall be taken:
(1) No building permit, mobile home move-on permit, or recreational
vehicle development order shall be issued until the required impact
fees are paid.
(2) No permit or Certificate of Occupancy will be issued until the fees
are paid in full. If not paid within 15 days of the date the letter is
sent, the City's Building Department shall have the authority to stop
all construction on the site until payment in ftill is received.
(3) The amount due shall be the amount of the impact fees due plus the
amount charged by the bank for the dishonored payment plus,
pursuant to Section 68.065, Florida Statutes, a service charge of
$20.00 or five percent (5%) of the face amount of the check,
whichever is greater.
B. Payment of Fee Based on Error or Misrepresentation. If the impact fees have been
calculated and paid based on error or misrepresentation, they shall be recalculated and any
difference refunded to the original feepayer or paid to the City, if appropriate, by the original
feepayer, whichever is applicable. If impact fees are owed to the City, no participating City
permits of any type may be issued for the building or structure in question, or for any other part
of a development of which the building or structure in question is a part, while the fees remain
unpaid, and the City Manager or his designee may bring any action permitted by law or equity to
collect the unpaid fees.
If higher impact fees should be collected, then the following action shall be taken:
1. No building or construction permits or Certificate of Occupancy (CO) shall be issued
until the required impact fees are paid.
2. The Building Official shall, within 30 days of detecting such a deficiency, notify the
feepayer, the contractor, and the property owner by certified mail, return receipt
requested, that:
a. an additional impact fee amount is due immediately upon receipt of said letter.
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b. a permit or CO will not be issued until the amount is paid and if not paid within
15 days, the Building Department shall have authority to stop all construction on
the site of said building permit until the payment is received.
3. Prior to the expiration of one year from the date a final Certificate of Occupancy is issued
for which the required impact fees have not been paid, or have not been paid in full, the
City shall, where authorized by the applicable County ordinances, have authority to file a
lien against the real property until the required impact fees, together with additional
charges allowed by such applicable City ordinances, have been paid.
Section 12. Severabilily.
A. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such section,
subsection, sentence, clause, phrase or portion of this Ordinance shall be deemed to be a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining
provisions of this Ordinance nor impair or nullify the remainder of this Ordinance which shall
continue in full force and effect.
B. If the application of any provision of this Ordinance to any new development is declared
to be invalid by a decision of any court of competent jurisdiction, the intent of the Commission is
that such decision shall be limited only to the specific new development expressly involved in the
controversy, action or proceeding in which such decision of invalidity was rendered. Such
decision shall not affect, impair, or nullify this Ordinance as a whole or the application of any
provision of this Ordinance to any other new development.
Section 13. Inclusion in the Code. It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance be included and incorporated into the Code of
Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this
Ordinance maybe renumbered to conform to any uniformed numberin. system
Section 14. Effective Date. This ordinance shall become effective ten days after adoption on
second reading.
PASSED AND ADOPTED on first reading this 12th day of July, 2001.
PASSED AND ADOPTED on second reading this JL/
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Police hnpact Fee Ord.
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18
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vote:
>---0
Mayor Samson
Vice Mayor Kauffman
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
Police hnpact Fee Ord.
Legislative/Ordinance/ Attorney
Moved by: CoM.lIi\.\ ~S~ --r ~{~
Seconded by: c..o~ S'st ~ N\CJU\.~
~(Yes)
iyes)
(Yes)
es)
(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
19