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HomeMy WebLinkAboutOrdinance 2001-135 ORDINANCE NO. 2001- , '35 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR THE IMPOSITION OF A MUNICIPAL FACILITIES IMPACT FEE ON ALL NEW RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT; PROVIDING PURPOSE AND INTENT; PROVIDING FOR RULES OF CONSTRUCTION AND DEFINITIONS; PROVIDNG FOR PROCEDURES FOR THE 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 it has adopted a Comprehensive Plan pursuant to Chapter 163, Florida Statutes; and WHEREAS, The City's Comprehensive Plan has established that the imposition of impact fees is a preferred method of regulating land development in order to ensure that it bears a proportionate share of the cost of municipal facilities necessary to accommodate the development and to promote and protect the public health, safety and welfare; and WHEREAS, the Florida Legislature through the enactment of Chapter 163, Florida Statutes, encourages local governments to enact impact fees as land development regulations; 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's municipal facilities; and WHEREAS, the Consultants have prepared an Impact Fees Report (March 5, 2001) ("Impact Fees Report") which has been adopted by Resolution No::UXJI-.}6 including the municipal facilities impact fee assumptions, residential, transient and non-residential development 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 municipal facilities impact fee calculation methodology is a "plan- based" cost methodology, as described in the Impact Fees Report; and Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7118!01 -- 11:45 AM WHEREAS, to derive appropriate proportionate share factors for residential and non- residential development the Consultants have relied on existing levels of service; 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 the Impact Fees Report and the Impact Fees Manual and determined: (1) that the municipal facilities impact fee is necessary to offset the costs associated with meeting the demand for future municipal services pursuant to the development projections; (2) that the municipal facilities impact fee bears a reasonable relationship to the burden imposed upon the City to provide new municipal facilities to new residents, transient guests and businesses, and provides a benefit to such new residents, transient guests and businesses reasonably related to the municipal facilities impact fee, per capita and per employee, by type; (3) that an essential nexus exists between the projected new residential, transient and non-residential development and the need for additional municipal facilities to be funded via the municipal facilities impact fee; and (4) that the amount of the municipal facilities impact fee is roughly proportional to the pro rata share of the additional municipal facilities needed to provide adequate municipal services to new residential, transient and non-residential development, while maintaining the existing level of service (LOS) standard currently provided to City residents, including transient guests and businesses; and WHEREAS, the Commission has conducted two (2) public hearings on the proposed municipal facilities impact fee prior to the scheduled date of adoption of the municipal facilities impact fee; 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 uniformed 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. Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 ..11:45 AM 2 Section 2: Rules of Construction and Definitions. 1. In the interpretation and construction of this Chapter, the following rules of construction shall apply: a. The word "shall" is always mandatory and not discretionary and the word "may" is permIssIve. b. 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. c. The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for." d. 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. e. 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. Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 -- 11:45 AM 3 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. 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. 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 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 Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01--11:45 AM 4 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 Chapter - ten (10) 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 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. 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. Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 -- 11:45 AM 5 Municipal Facilities Impact Fee - a fee imposed on all new residential and non-residential development to fund the proportionate share of the costs of City office space and City owned and operated vehicles and major capital equipment. New Development - any new construction, reconstruction, redevelopment, rehabilitation, structural alteration, structural enlargement, structural extension, or new use that 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 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 Municipal Facilities Impact Fee Ord Legislative/Ordinancesl Attorney 7/18/01 -- 11:45 AM 6 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: 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: Municipal Facilities Impact Fee Ord LegislativelOrdinancesl Attorney 7118/0] --11:45 AM 7 (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. 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 Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 -- tt :45 AM 8 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. 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. 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 Municipal Facilities Impact Fee Ord Legislative/Ordinances/Attorney 7/18/01 -- 11:45 AM 9 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 credit performance bond in the amount of the impact fee, as calculated by the Building Official or designee, has been posted with the City. Such irr-evocable letter of cf'8dit performance 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 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 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 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 Municipal Facilities Impact Fee Ord LegislativelOrdinancesJ Attorney 7/18/01 -- 11 :45 AM 10 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. 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 Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7118/01 -- II :45 AM 11 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 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 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 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 Municipal Facilities Impact Fee Ord LegislativelOrdinancesl Attorney 7/18/01 -- 11:45 AM 12 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 cash bond or letter of eredit 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 eash performance bond ef letter of eFedit 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. Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 -- 11:45 AM 13 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 authori6y 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 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 same priority and bear the same interest and penalties as City real property taxes for lien purposes. Section 8. Repealer 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. Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 --11:45 AMp 14 Section 9. Establishment and Imposition of Impact Fees. A Municipal 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 Municipal 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 Municipal 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 Apartment Hotel Resort Hotel Impact Fee Per Residential Unit $396 $285 $275 $412 $330 Non-Residential Development Com Shop Ctr 25,000 SF or less Com Shop Ctr 25,001-50,000 SF Com Shop Ctr 50,001-100,000 SF Com 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 Per 1,000 Square Feet $549 $471 $412 $366 $724 $666 $625 C. Impact Fee Updates. 1. On October 1, 2002, and on October 1 of each year thereafter in which the Municipal Facilities Impact Fee is in effect, the amount of the Municipal Facilities Impact Fee, per residential 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. Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 -- 11:45 AM 15 3. Nothing herein shall prevent the Commission from electing to retain the existing Municipal 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 Attorneys 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 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. Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 -- 11 :45 AM 16 (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 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. 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. Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 -- II :45 AM 17 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. PASSED AND ADOPTED on first reading this ~day of July, 2001. PASSED AND ADOPTED on second reading this :2tf-f'-'dayof , 200 1. ATIEsf. . '. . I I'~ .'... r"" ' ~..~ . ,>(^- / '-.f'iri(~ ':'~ ~ \11 ,." {)i1o;:, ~V~A. , ' .."'Ricnard B ,0wn-MQrilla, City Clerk .'" I :.' , " . . ;$ .., .,'~. . Municipal Facilities Impact Fee Ord Legislative/Ordinances/Attorney 7/18/01 -- 11:45 AM 18 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: 5""-0 Mayor Samson Vice Mayor Kauffman Commissioner Iglesias Commissioner Morrow Commissioner Turetsky Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 -- 11:45 AM Moved by: Seconded by: ./'(Yes) ~(Yes) ~(Yes) -1L)Y es) -.L(Yes) ~\s~i~ M.~ ~~S't~ --r~~1 ..~... A _(No) _(No) _(No) _(No) _(No) 19