HomeMy WebLinkAboutOrdinance_05-22_6/9/2022ORDINANCE 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,
38-68, 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.
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:
Sec. 38-38. Time of payment; remedy for nonpayment.
(a) Payment of a fire -
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. issued until the impact foe has been paid by the foe
p`^7 ". .
[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.
(a) Payment of a police
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
impact fee payment.
[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
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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 reguirina a park
and recreational service impact fee payment. issued unti! the irnpaGt foe has be
[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.]
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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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Date
5-22 06/09/2022
Upon Second Reading
Motion Council Member Frank D'Ambra Second Vice -Mayor Kyle Stone
FOR
AGAINST
ABSENT
CONFLICT
Mayor Molly Young
x®
13
171
El
Vice -Mayor Kyle Stone
®x
Council Member Laurie Brandon
®x
Council Member Frank D'Ambra,lll
Council Member Aaron Johnson
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Molly Young
SEAL
INCORPORATED
ATTEST:
Lori McWilliams, MMC
Village Clerk