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HomeMy WebLinkAboutOrdinance_489_02/09/1995ORDINANCE NO. 489 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CREATING A VILLAGE CODE CHAPTER TO BE ENTITLED IMPACT FEES; LEVYING IMPACT FEES FOR POLICE 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 POLICE 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 police services; and WHEREAS, the Village of Tequesta must expand its police facilities to maintain current levels of service if new development is to be accommodated without decreasing current levels of service; and WHEREAS, while not all new residents may call for police services, the Village will have to provide additional facilities so as to be in a position to serve each new dwelling; and WHEREAS, there is a reasonable connection between the need for additional police services and the growth in population that will accompany the new development; and WHEREAS, police 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 while those on non-residential construction are best imposed on a square footage 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; and WHEREAS, the service demands on each of the various types of non-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: "CHAPTER IMPACT FEES ARTICLE I. IMPACT FEES FOR POLICE 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 police services and to help defray the costs of new or expanded police 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. Expansion 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. Police 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 police 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 • 2 • each impact fee component to determine whether it should be adjusted based on changed conditions, to analyze the effects of inflation or other cost factors on the actual costs of providing police 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 police 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 police service impact fees for new construction within the Village limits shall be as follows: TYPE OF CONSTRUCTION Residential Units Multi-Family $ 62.98 $ 21.12 Commercial Units (per square foot) $ .10 • For multi-use structures in which part of the structure is used for commercial purposes and part of the structure is used for residential purposes, the impact fee shall be the total of: to 1. The net police impact fee for a residential unit, added 2. The total square footage of commercial space times the net police impact fee for each square foot. Section 5. Payment of fees. Police 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. POLICE IMPACT FEE • 3 • A. Created: There is hereby established a separate police 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 police 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. Use of Funds: Amounts in the police 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 police 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 police service impact fee trust fund. These plans shall be reviewed at least annually during the budget review process. Section 8. Time of payment; remedy for non-payment. No building permit for any land development requiring the payment of a police 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 police 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. • 4 • 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 police services. Any existing land use that is expanded, replaced or changed shall be required to pay police service impact fees based on the new or additional impact resulting from the expansion, replacement or change of use. 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. • 5 • 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 Councilmember Schauer who moved its adoption. The Ordinance was seconded by Councilmember Collins and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION William E. Burckart Joseph N. Capretta Ron T. Mackail Earl L. Collins Elizabeth A. Schauer The Mayor thereupon declared the Ordinance duly passed and ador~ted this gth day of FP~irli~r„ 1995. MAYOR OF TEQUESTA • Ron T. Mackail ATTEST: Vi lage Clerk • 6 SCHEDIILE A TO IMPACT FEE ORDINANCE Findings of Fact 1. The Village of Tequesta Police Department now has capital assets in the amount of $268,497.00. 2. The Village now has 1,455 single family residential units. 3. The Village now has 963 multi family residential units. 4. The Village now has 1,082,262 square feet of commercial construction. 5. The present ratio between single family residential units, multi-family residential units and commercial use of police services is as follows: Single family residential Multi-family residential Commercial 42.66 9.47 47.87$ 6. The present capital investment per each is as follows: Single family residential $ 78.72 Multi-family residential $ 26.40 Commercial (per square foot) $ .12 7. The Village Council is aware of and has reviewed the Village of Tequesta Police Services' present capital investment for single family residential units, multi-family residential units and commercial construction, set forth above. To insure that the police impact fee imposed does not exceed the cost to provide police service to new development and to encourage new development, the Village Council has decreased the police impact fee to be imposed per each by five percent (5~) as set forth in Article I, Section 4. TYPE INVESTMENT 5$ DISCOUNT Single family residential $ 78.72 Multi-family residential $ 26.40 Commercial (per square foot) $ .12 JCR\131530RD\IMPACT.POL • 7 ($15.74) ($ 5.28) (S 2) FEE Il~ $62.98 $21.12 $ .lo