HomeMy WebLinkAboutOrdinance_476_08/30/1994•
ORDINANCE NO. 476
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
FIRE RESCUE 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 FIRE RESCUE 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 fire rescue services; and
WHEREAS, the Village of Tequesta must expand its fire rescue
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 fire rescue
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 fire rescue services and the growth in population that
will accompany the new development; and
WHEREAS, fire rescue 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 FIRE RESCUE SERVICES
section 1. 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 fire rescue services
and to help defray the costs of new or expanded fire rescue 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.
Fire rescue 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 fire rescue service facilities
generated by such construction and the money otherwise available to
• meet such costs. The purpose of this review is to evaluate the
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• 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 factors on the actual costs of
providing fire rescue 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 fire rescue 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 fire rescue service impact fees for new construction
within the Village limits shall be as follows:
TYPE OF CONSTRUCTION FIRE RESCUE IMPACT FEE
Residential Units $86.74
Multi-Family $27.13
Commercial Units
• (per square foot) $ .07
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:
1. The net fire rescue impact fee for a residential unit,
added to
2. The total square footage of commercial space times the
net fire rescue impact fee for each square foot.
Section 5. Payment of fees.
Fire Rescue 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.
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Section 6. Establishment of trust fund.
A. Created: There is hereby established a separate fire
rescue 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 fire rescue 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 fire rescue 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 fire rescue 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 fire rescue 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 fire rescue 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 fire rescue service impact fee shall be renewed or
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• 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 fire rescue services.
Any existing land use that is expanded, replaced or changed
shall be required to pay fire rescue 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.
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• 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
Collings who moved its adoption. The Ordinance
was seconded by Councilmember Schauer 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
Elizabeth A. Schauer
Earl L. Collings
The Mayor thereupon declared the Ordinance duly passed and
adopted this 30th day of August 1994.
MAYOR OF TEQUESTA
•
Ron T. Mackail
ATTEST:
<~
illage Cler
•
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• SCHEDULE A
TO IMPACT FEE ORDINANCE
Findings of Fact
1. The Village of Tequesta Fire Rescue Services now has
capital assets in the amount of $1,136,912.25.
2. The Village now has 1,455 single family residential
units.
3. The Village now has 963 multi family residential units.
4. The Village now has 1,082,262 square feet of commercial
construction.
5. The present ratio between single family residential
units, multi-family residential units and commercial use of fire
rescue services is as follows:
Single family residential 39.23$
Multi-family residential 28.3$
Commercial 32.48
• 6. The present capital investment per each is as follows:
Single family residential $306.54
Multi-family residential $334.11
Commercial (per square foot) $ .34
7. The Village Council is aware of and has reviewed the
Village of Tequesta Fire Rescue Services' present capital
investment for single family residential units, multi-family
residential units and commercial construction, set forth above. To
insure that the fire rescue impact fee imposed does not exceed the
cost to provide fire rescue service to new development and to
encourage new development, the Village Council has decreased the
fire rescue impact fee to be imposed per each as set forth in
Article I, Section 4.
JCR\131530RD\IMPACT.FR
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