HomeMy WebLinkAboutDocumentation_Regular_Tab 20_2/10/2022Agenda Item #20.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 10 2022
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE NO. 05-22, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 38. IMPACT FEES. SECTIONS 38-38, 38-68, AND 38-98 TO UPDATE IMPACT FEE
PAYMENT REQUIREMENTS IN ACCORDANCE WITH RECENT CHANGES TO STATE LAW;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 38.
IMPACT FEES. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
The proposed ordinance makes edits to the Village's impact fee code in conformance with changes to
state law in 2021
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ATTACHMENTS: m'
Ord. No. 05-22 -Impact Fee Time of Payment FIRST READING
Page 193 of 243
Agenda Item #20.
FIRST READING FEBRUARY 10, 2022
ORDINANCE NO. 05-22
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 38. IMPACT FEES. SECTIONS 38-38,
38-683 AND 38-98 TO UPDATE IMPACT FEE PAYMENT
REQUIREMENTS IN ACCORDANCE WITH RECENT CHANGES TO
STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUB -SECTION OF CHAPTER 38. IMPACT FEES. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Florida Legislature finds that impact fees are an important
source of revenue for local governments to use in funding the infrastructure
necessitated by new growth; and
WHEREAS, the Florida Legislature has adopted § 163.31801, Florida Statutes,
also known as the "Florida Impact Fee Act," to establish minimum criteria for the levy
and collection of impact fees by local governments in Florida; and
WHEREAS, the Florida Legislature recently amended the Florida Impact Fee Act
to prohibit local governments from requiring an impact fee payment before the date of
issuing a building permit for the property that is subject to the impact fee; and
WHEREAS, the Village Council of the Village of Tequesta desires to update its
impact fee ordinance to ensure its impact fee program conforms with this recent change
to the Florida Impact Fee Act; and
WHEREAS, the Village Council believes these code revisions will be in the best
interests of the Village of Tequesta, and will promote the public health, safety, and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 38. Impact Fees. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article II. Fire -Rescue Services. Section 38-38. Time of
payment; remedy for nonpayment. to update impact fee payment requirements in
accordance with changes in state law; providing that Section 38-38 shall hereafter read
as follows:
1
Page 194 of 243
Agenda Item #20.
FIRST READING FEBRUARY 10, 2022
Sec. 38-38. Time of payment; remedy for nonpayment.
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rescue service impact fee shall be made within ten calendar days after the date
of issuance of a building permit for any land development requiring a fire -rescue
service impact fee payment. 1 ' in�o m +hinpa-t foo him -en hon naj�d hit +ho foopayer
[Subsections (b) — (d) left in full force and effect as previously adopted.]
(e) If impact fees paid by check, draft or other negotiable instrument do not clear, or
if payment is otherwise not timely received by the village, the building permit or
development order authorizing the development for which the impact fees were
to be paid shall be suspended. The village, as 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 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.
[Subsection (f) left in full force and effect as previously adopted.]
Section 2: Chapter 38. Impact Fees. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article III. Police Services. Section 38-68. Time of
payment; remedy for nonpayment. to update impact fee payment requirements in
accordance with changes in state law; providing that Section 38-68 shall hereafter read
as follows:
Sec. 38-68. Time of payment; remedy for nonpayment.
service impact fee shall be made within ten calendar days after the date of
issuance of a building permit for any land development requiring a police service
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[Subsections (b) — (d) left in full force and effect as previously adopted.]
(e) If impact fees paid by check, draft or other negotiable instrument do not clear, or
if payment is otherwise not timely received by the village, the building permit or
2
Page 195 of 243
Agenda Item #20.
FIRST READING FEBRUARY 10, 2022
development order authorizing the development for which the impact fees were
to be paid shall be suspended. The village, as 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 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.
[Subsection (f) left in full force and effect as previously adopted.]
Section 3: Chapter 38. Impact Fees. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IV. Park and Recreational Services. Section 38-
98. Time of payment; remedy for nonpayment. to update impact fee payment
requirements in accordance with changes in state law; providing that Section 38-98
shall hereafter read as follows:
Sec. 38-98. Time of payment; remedy for nonpayment.
(a) ' ' Payment of a park
and recreational service impact fee shall be made within ten calendar days after
the date of issuance of a building permit for any land development requiring a
park and recreational service impact fee payment. �� A 1 irt� ho imn::zat foo h��
hoa.-
-n r»irl h�i tho foo mayef
[Subsections (b) — (d) left in full force and effect as previously adopted.]
(e) If impact fees paid by check, draft or other negotiable instrument do not clear, or
if payment is otherwise not timely received by the village the building permit or
development order authorizing the development for which the impact fees were
to be paid shall be suspended. The village, as 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 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.
[Subsection (f) left in full force and effect as previously adopted.]
3
Page 196 of 243
Agenda Item #20.
FIRST READING FEBRUARY 10, 2022
Section 4: Each and every other Section and Subsection of Chapter 38.
Impact Fees. of the Village of Tequesta Code of Ordinances shall remain in full force
and effect as previously adopted.
Section 5: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 6: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 7: Specific authority is hereby granted to codify this Ordinance.
Section 8: This Ordinance shall take effect immediately upon adoption.
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Page 197 of 243