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HomeMy WebLinkAboutOrdinance_490_02/09/1995• ORDINANCE NO. 490 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, LEVYING IMPACT FEES FOR PARK AND RECREATIONAL SERVICES ON NEW CONSTRUCTION WITHIN THE VILLAGE; STATING THE APPLICABILITY OF SUCH FEES TO ALL NEW CONSTRUCTION SUBJECT TO CERTAIN EXCEPTIONS; PROVIDING FOR DETERMINATION AND REVIEW OF THE IMPACT FEE AMOUNTS EVERY OTHER YEAR AND FOR ADJUSTMENTS BASED ON COST INCREASES; ESTABLISHING A SCHEDULE FOR IMPACT FEES; PROVIDING FOR PAYMENT OF SUCH FEES IN CASH UNLESS AN IN KIND CONTRIBUTION IS ACCEPTED BY THE VILLAGE COUNCIL; CREATING CAPITAL EXPANSION TRUST FUNDS FOR PARK AND RECREATIONAL SERVICES; REQUIRING DEPOSIT OF IMPACT FEES IN THE APPROPRIATE TRUST FUND; LIMITING THE USE OF AMOUNTS IN SUCH TRUST FUNDS; REQUIRING THE PREPARATION AND MAINTENANCE OF A CAPITAL EXPANSION PLAN FOR THE TRUST FUND; ESTABLISHING TIME FOR PAYMENT OF SUCH FEES; PROHIBITING ISSUANCE OF BUILDING PERMITS WITHOUT PAYMENT OF ALL FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF • ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village of Tequesta desires to formulate impact fees for park and recreational services; and WHEREAS, the Village of Tequesta desires to expand its park and recreational facilities to maintain current levels of open space and recreation if new development is to be accommodated without decreasing current levels of open space and recreation; and WHEREAS, there is a reasonable connection between the need for additional park and recreational services and the growth in population that will accompany the new development; and WHEREAS, park and recreational service impact fees shall not be used to replace existing capital facilities or to fund existing deficiencies, but only to expand or provide new capital facilities and equipment which are necessitated by new development; and WHEREAS, impact fees on residential construction are best imposed on a unit basis; and • • WHEREAS, the service demands on each of the various types of residential units are not so different as to necessitate different impact fee rates for each type. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The following chapter be and hereby is added to the Code of Ordinances of the Village of Tequesta: `~. IMPACT FEES "CHAPTER ARTICLE I. IMPACT FEES FOR PARR AND RECREATIONAL SERVICES Section i. Levy and purpose. For the purpose of regulating the use and development of land in the Village of Tequesta so as to assure that new development bears a proportionate share of the costs of park and recreational services and to help defray the costs of new or expanded park and recreational service facilities and equipment attributable to new construction within the Village limits, impact fees are hereby levied on new construction within the Village limits in accordance with the schedule of impact fees and other provisions of this • chapter. Section 2. Applicability. This article shall apply to all new construction and expansion of commercial construction within the Village limits except the following: <. A. Expanhion of a residential dwelling unit; B. Remodeling or rebuilding of any structure without expansion; C. Construction under any building permit originally issued during the year preceding the effective date of this article. Section 3. Determination of fee amounts. Park and recreational service impact fees shall be determined and reviewed at least every other year in accordance with a detailed analysis of projected construction within the Village limits, the cost of any expanded or new park and recreational service facilities generated by such construction and the money otherwise available to meet such costs. The purpose of this review is to evaluate the level of service for each impact fee component to determine whether it should be adjusted based on changed conditions, to analyze the effects of inflation or other cost • 2 • factors on the actual costs of providing park and recreational services and to ensure that the impact fee charged new land use activity will not exceed its pro rata share for the reasonably anticipated costs of park and recreational services necessitated by the new land development. The Village Council may annually adjust the established impact fee rates to reflect changes in the cost of relevant capital facilities and equipment. All changes or adjustment in the established impact fee rates shall be made by ordinance and shall apply only to construction for which building permits are issued after the effective date of such ordinance. Section 4. Schedule of impact fees. The park and recreational service impact fees for new construction within the Village limits shall be as follows: TYPE OF CONSTRUCTION PARK AND RECREATIONAL IMPACT FEE Residential Units $275.60 Multi-Family $195.95 Section 5. Payment of fees. Park and recreational Service impact fees shall be paid in • cash unless the Village Council specifically accepts an in-kind contribution of land or capital facilities for a public use. Credit for an in-kind contribution shall be on a fair market value basis as of the date the Village Council accepts the offer of such contribution. The fair market value of any land accepted as an in- kind contribution shall be based upon an appraisal of its highest and best use then allowed under its current land use designation. Section 6. Establishment of trust fund. A. Created: There is hereby established a separate park and recreational service impact fee trust fund for the Village of Tequesta. B. Deposit of Fees: All impact fees collected by the Village shall be separately accounted for and shall be deposited only in the park and recreational service impact fee trust fund for which they were allocated and any interest earned on such fees shall remain in the trust fund to be used in accordance with the provisions of this chapter. C~ • C. Use of Funds: Amounts in the park and recreational service impact fee trust fund shall be used only for purpose contained in the title of the fund and for no other purpose. Expenditures from the trust fund shall be specifically approved by the Village Council and shall be limited to the expansion or acquisition of capital facilities or equipment made necessary by the new construction from which the fees were collected or for principal payments on bonds and loans to expand or acquire such facilities or equipment. Before authorizing an expenditure from the trust fund, the Village Council shall determine that: 1. Such expenditure from the trust fund is for capital facilities or equipment to be used for the purpose of park and recreational services; 2. Such expenditure from the trust fund is made necessary by the new construction from which such funds were collected; and 3. Such expenditure from the trust fund will result in a benefit to the new construction from which the funds were collected. D. Non-lapsing: The trust fund shall be non-lapsing. Section 7. Capital expansion plan. • The Village Council shall prepare and maintain a capital expansion plan for the park and recreational service impact fee trust fund. These plans shall be reviewed at least annually during the budget review process. section s. Time of payment; remedy for non-payment. No building permit for any land development requiring the payment of a park and recreational service impact fee shall be issued until the impact fee has been paid by the fee payor. No building permit for any land development requiring the payment of a park and recreational service impact fee shall be renewed or extended until the impact fee in effect at the time of the renewal or extension has been paid by the fee payor. For any land uses not requiring a building permit, the impact fee shall be paid prior to receipt of a development order that initiates an impact on park and recreational services. Any existing land use that is expanded, replaced or changed shall be required to pay park and recreational service impact fees based on the new or additional impact resulting from the expansion, replacement or change of use. • 4 • In the event impact fees paid by check, draft or other negotiable instrument do not clear, the building permit or development order authorizing the development for which the impact fees were paid shall be suspended. The agency issuing the building permit or development order shall send notice to the applicant by certified mail. If the impact fees, together with any charges for the check not clearing, are not paid within ten (10) working days following mailing of the notice, the building permit or development order shall be of no further force and effect and a stop work order shall be issued and not lifted until such time as the impact fees are paid. If impact fees are not paid in full, the amount unpaid, together with statutory interest accruing thirty (30) calendar days following the date of written notice by certified mail is sent to the fee payor, shall be a lien against the land containing the development for which the impact fees are due. Notice of the lien shall be filed in the official records of the Clerk of the Circuit Court in and for Palm Beach County. The lien shall have priority over all liens, mortgages and encumbrances, except taxes. If the lien remains unpaid for more than thirty (30) calendar days following the recording of the notice, it may be foreclosed in the manner provided by state law for the foreclosure of mortgages on real property." Section 2. Severability. If any provision of this • Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta . Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Schauer , who moved its adoption. was seconded by Councilmember Buxckart being put to a vote, the vote was as follows: Councilmember The Ordinance and upon • 5 • FOR ADOPTION AGAINST ADOPTION William E. Burckart Joseph N. Capretta Ron T. Mackail Earl L. Collings Elizabeth A. Schauer The Mayor thereupon declared the Ordinance duly passed and adapted this 9th day of February 1995. MAYOR OF TEQUESTA ATTEST: V lage Cler C. /rl Ron Mackail • 6 SCHEDULE A TO IMPACT FEE ORDINANCE Findings of Fact 1. The Village of Tequesta Park and Recreational Services now has capital assets in the amount of $589,700.00. 2. The Village now has 1,455 single family residential units. 3. The Village now has 963 multi family residential units. 4. The average persons per unit for single family residential units and multi-family residential units is as follows: Single family residential 2.4 persons per unit Multi-family residential 1.7 persons per unit 5. The present ratio between single family residential units and multi-family residential units use of parks and recreational services is as follows: Single family residential 68% Multi-family residential 32$ 6. The present capital investment per each unit is as follows: Single family residential $ 275.60 Multi-family residential $ 195.95 JCR\131530RD\IMPACT.REC • 7