HomeMy WebLinkAboutOrdinance 2001-134
ORDINANCE NO. 2001- /3'1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, REPEALING ORDINANCE NOS. 98-18 AND 98-
26; PROVIDING FOR THE IMPOSITION OF A PARKS AND RECREATION
IMPACT FEE ON ALL NEW RESIDENTIAL DEVELOPMENT; PROVIDING
FOR PURPOSE AND INTENT; PROVIDING FOR RULES OF
CONSTRUCTION AND DEFINITIONS; PROVIDNG FOR PROCEDURES
FOR IMPOSITION, CALCULATION, COLLECTION, EXPENDITURE AND
ADMINISTRATION OF IMPACT FEES; PROVIDING FOR IMPACT FEE
ACCOUNTS, APPROPRIATION OF IMPACT FEE AND REFUND OF FEES;
PROVIDING FOR PROCEDURES FOR APPEALS; 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 park services initially from Miami-Dade County; and
WHEREAS, subsequent to incorporation the City adopted Ordinance 98-18 as modified
by Ordinance No. 98-26, as the Interim Parks and Recreational Impact Fee Ordinance in
accordance with the impact fee amounts established by Miami-Dade County for parks and
recreational 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 this impact fee ordinance 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 2015 to determine the additional demand anticipated to be placed on the City for
parks and recreation facilities; and
WHEREAS, the Consultants additionally reviewed the existing demand for parks and
recreation facilities, the existing park system available to meet that demand, including beach
improvements and the method of financing the existing park system; and
WHEREAS, the Consultants have reviewed and relied upon the Sunny Isles Beach
Comprehensive Plan and the existing level of service standards; and
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WHEREAS, the Consultants have prepared an Impact Fees Report (March 5, 2001)
("Impact Fees Report") which has been adopted by Resolution No. 2oo1-.5$-, including the
parks and recreation impact fee assumptions, population and residential development projections,
capital improvements and development 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, public improvements demand and facility needs are projected for the initial
impact fee periods for the years 2002 to 2006; and
WHEREAS, the types of public facilities and associated costs that are included in this
impact fee cover the construction of park and beach facilities and improvements and, the
acquisition of additional parks and recreation vehicles; and
WHEREAS, the parks and recreation impact fee calculation methodology is a "plan-
based" cost methodology for the park and beach improvements, and an incremental expansion
basis for the acquisition of vehicles, as described in the Impact Fees Report, with all capital costs
attributable 100% to residential development excluding non-residential development; and
WHEREAS, the Parks and Recreation Impact Fee will only'be imposed on new
residential development (including transient units) in the City; and
WHEREAS, different impact fees have been established for different types of housing
and different types of transient units to make the fees proportionate to the demand for public
facilities; and
WHEREAS, the Commission has reviewed and adopted by Resolution No. 2oo1-~,
the Impact Fees Report and determined: (1) that the parks and recreation impact fee is necessary
to offset the costs associated with meeting the demand for future parks and beach improvements
pursuant to the development projections; (2) that the parks and recreation impact fee bears a
reasonable relationship to the burden imposed upon the City to provide new park and beach
facilities to new residents and provides a benefit to such new residents reasonably related to the
parks and recreation impact fee, per dwelling unit, by type; (3) that an essential nexus exists
between the projected new residential development and the need for additional park
improvements to be funded via the parks and recreation impact fee; and (4) that the amount of
the parks and recreation impact fee is roughly proportional to the pro rata share of the additional
park improvements needed to provide adequate parks to new residential development, while
maintaining the existing level of service (LOS) standard currently provided to City residents; and
WHEREAS, the Commission has conducted two (2) public hearings on the proposed
parks and recreation impact fee prior to the scheduled date of adoption of the parks and
recreation impact fee;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
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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:
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, provisions or events
shall apply singly but not in combination.
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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 ftmds in whole or in part; or actual expenditure of impact fee funds
through payments made from a impact fee account.
Budget Office - 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 impose 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.
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.
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Developer - 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 manmade 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 Densitv 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 which 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 pursuant to this Ordinance.
Governing Body - the Commission.
Housin~ 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 permit and which is calculated to defray all or a portion of the costs of the
public facilities required to accommodate new development at City-designated level of
service (LOS) standards and which reasonably benefits the new development.
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Impact Fees Manual/Report - 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.
Parks and Recreation ImlJact Fee - a fee imposed on new residential development to fund
the proportionate share of the costs of new parks facilities and improvements as well as
the costs of park vehicles and major capital equipment.
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.
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Public Facility Expenditures include amounts appropriated in connection with the
planning, design, engineering and construction of public facilities; planning, legal,
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 where applicable, (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
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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:
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
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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.
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, the 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.
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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 which are proposed within the final
approved plan for a single development and for the same type of public facility.
5. Notwithstanding any other provision of this Section 3.C. hereinabove, 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
an impact fee; or
c. the applicant has filed an appeal and aft irre'looable letter of credit
cash bond in the amount of the impact fee, as calculated by the
Building Official or designee, has been posted with the City. Such
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 0 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. Subaccounts
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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 subaccount, 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.
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 Departrpent.
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 ftinded in whole or in part with impact fees. The public facilities so identified
shall be based upon such inforination 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
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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.
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
and 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
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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.1.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.D.5 or Section
4.D.6 hereinbelow, 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 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 approp 'ate impact
feescollected 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.
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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 cash bond or
letter of credit 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 eash-performance bond or letter of eredit has been provided.
B. The burden of proof shall be on the appellant to demonstrate that the decision of the City
is erroneous.
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. Petitions 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
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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
attorney's 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
City real property taxes, and shall have the s~e priority and bear the same interest and penalties
as City real property taxes for lien purposes.
Section 8. Repealer. Ordinances No. 98-18 and 98-26 of Sunny Isles Beach, Florida
establishing interim Parks and Recreation Impact Fees, are hereby repealed. To the extent of any
conflict between Resolution No. 2001-3#J,. and any ordinances adopting and imposing the
impact fees, those ordinances shall be deemed to be controlling.
Section 9. Establishment and imposition of Impact Fees. A Parks and Recreation Impact Fee
is hereby established and imposed on all new residential development in the City, as follows:
A. Service Area. The applicable service area ("Service Area") for imposition of a Parks and
Recreation Impact Fee is the entire City.
B. Fee Imposition and Amount. All new residential development in the Service Area shall
be subject to the payment of a Parks and Recreation 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
$613
$441
$426
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Transient Lodging
Apartment Hotel
Resort Hotel
Impact Fee per Transient Unit
$639
$512
C. Impact Fee Updates.
1. On October 1, 2002, and on October I of each year thereafter in which the Parks
and Recreation Impact Fee is in effect, the amount of the Parks and Recreation
Impact Fee, per residential unit, 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 prOVIsIOns of this Ordinance shall be liberally
construed to effectively carry out its purposes in the interest of further 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
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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 adjustment 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 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 full 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 impa~t 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 permit or Certificate of Occupancy (CO) shall be
issued until the required impact fees are paid.
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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.
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 City 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. Severability.
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 may be renumbered to conform to any uniformed numbering system.
Section 14. Effective Date. This ordinance shall become effective ten days after adoption on
second reading.
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PASSED AND ADOPTED on first reading the 12th day of July, 2001.
PASSED AND ADOPTED this may of
AITEST:' .
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\.; Ri~lutrd Btown-MoriTIa, City Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vote: $'.-0
Mayor Samson
Vice Mayor Kauffman
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
Parks & Rec Impact Fee Ord
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Moved by: e.n.."':1; ~
Seconded by: 't r I) .
vl(Yes)
V(Yes)
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_(No)
_(No)
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_(No)
_(No)
19