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HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 4_5/19/1994 jt EST. f 3 TEQUESTA FIRE-RESCUE °toni0 Phone: (407) 575-6250 • Fax: (407) 575-6203 James M.Weinand, Fire Chief MEMORANDUM TO: Thomas G. Bradford, Village ger FROM: James M. Weinand, Fire Chie DATE: May 12 , 1994 RE: Impact Fee Attached is the revised draft of the Fire Impact Fee Ord'a e to be placed on the next Public Safety Council Agenda. ( JMW/cm attachment Post Office Box 3273 • 357 Tequesta Drive • Tequesta, Florida 33469-0273 05/06/94 14:41 ICI ORDIMAJCX MO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CREATING A VILLAGE CODE CHAPTER TO BB ENTITLED IMPACT FEES; LEVYING IMPACT FEES FOR FIRE RESCUE SERVICES ON NEW CONSTRUCTION WITHIN THE VILLAGE; STATING THE APPLICABILITY OF SECTION SUCH FEES TO ALL NEW CONSTRUCTION SUBJECT TO CERTAIN EXCEPTIONS; PROVIDING FOR DETgRMINATION 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 'mpact fees for fire rescue services; and WHEREAS, the Village of Tequesta must expand its fire escue facilities to maintain current levels of service if new development is to be accommodated without decreasing current levels of s vice; and WHEREAS, while not all new residents may call for fire escue services, the village will have to provide additional facili ies 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 populaticn 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 fac' ities and equipment which are necessitated by new development; a WHEREAS, impact fees an residential construction ar best imposed on a unit basis while those on non-residential canst ction are best imposed on a square footage basis; and 05/06/`i4 14;42 00J 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 tyre of non-residential units are not so different as to neces itats different impact fee rates for each type. NOW THEREFORE, HE IT ORDAINED BY THE VILLAGE COUNCIL TF THE VILLAGE OF 'rQQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOwS1 section 1. The following chapter be and hereby is adped to the Code of Ordinances of the Village of Tequesta: "CHAPTER IXPACT TEES ARTICLE I. IXPACT TEES ?On FIRE RESCUZ exAVICE8 section 1. Levy and purpose. For the purpose of regulating the use and development o land in the Village of Tequesta so as to assure that new development bears a proportionate share of the costs of fire rescue a ices and to help defray the costs of new or expanded fire rescue : :rvice facilities and equipment attributable to new construction ithin the Village limits, impact fees are hereby levied new construction within the village limits in accordance wi the schedule of impact fees and other provisions of this chapt. . Section 2 . Applicability. This article shall apply to all new construction and e • nsion of commercial construction within the Village limits exce •t the following: A. Expansion of a residential dwelling unit; H. Remodeling or rebuilding of any structure .`_bout expansion; C. construction of any public purpose structure, buil• 'ng or facility by federal, state or local government •r any agency, subdivision or instrumentality thereof; . d D. Construction under any building permit originally • slued during the year preceding the effective date o this article. 2 eJ 06/94 14:42 004 Section 3. Determination of fee counts. Fire rescue service impact fees shall be determin • and reviewed at least every other year in accordance with a de ailed analysis of projected construction within the Village limit , the cost of any expanded or new fire rescue service fact ities generated by such construction and the money otherwise availa .le to meet such costs. The purpose of this review is to evalua ' e the level of service for each impact fee component to determine w .ether it should be adjusted based on changed conditions, to analy a 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 se vices necessitated by the new land development. The Village Coun . 1 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 tee rates s ; 11 be made by ordinance and shall apply only to construction for which building permits are issued after the effective date o , such ordinance. Section 4. schedule of impact fees. To insure that the fire rescue service impact fee doss not exceed the cost to provide capital facilities to accommoda e new development, the impact fees and the fee schedule are esta•lished at ninety-five (95%) percent of the cost to accommodate the -pact. The fire rescue service impact fees for new construction vit. n the village limits shall be as follows: TYPE OF FIRE RFSCUF FIVE PERCEPT NET FIRE CONSTRJJCTIQK IMPACT FEE pISCOUNT752 Residential $306.54 $15.33 $291.21 Units Multi-Family $334 . 11 $16.71 $317 . 40 Commercial $ . 34 $ . 02 $ .32 Units (per square foot) For multi-use structures in which part of the struc e is used for commercial purposes and part of the structure is u, -d for residential purposes, the impact fee shall be the total of- 1. The net fire rescue impact fee for a residentia unit, added to 2 . The total square footage of commercial space t' . a the net fire rescue impact fee for each square foot. 3 I E r: :4.4 Section S. Payment of fees. Fire ReSCue Service impact fees shall be paid in cash •nless the village Council specifically accepts an in-kind contribu ;on of land or capital facilities for a public use. Credit for an i -kind contribution shall be on a fair market value basis as of th= date the village Council accepts the offer of such contribution The fair market value of any land accepted as an in-kind contri .ution shall be based upon an appraisal of its highest and best u- - then allowed under its current land use designation. creation 6. Establishment of trust fund. A. Created: There is hereby established a separat fire rescue service impact fee trust fund for the Village of Te. esta. B. Deposit of Fees: All impact fees collected • y the village shall be separately accounted for and shall be de..sited only in the fire rescue service impact fee trust fund fo which they were allocated and any interest earned on such fees shall remain in the trust fund to be used in accordance wi the provisions of this chapter. C. Use of Funds: Amounts in the fire rescue service mpact tee trust fund shall be used only for purpose contained . n the title of the fund and for no other purpose. Expenditures f .om the trust fund shall be specifically approved by the Village •.until and shall be limited to the expansion or acquisition of . pital facilities or equipment made necessary by the new constructi• n from which the fees were collected or for principal payments o bonds and loans to expand or acquire such facilities or equrr.ment. Before authorizing an expenditure from the trust fund, the illage Council shall determine that: 1. Such expenditure from the trust fund is f., capital facilities or equipment to be used f.$ the purpose of fire rescue services; 2 . Such expenditure from the trust fund is ma.e necessary by the new construction from whid such funds were collected; and 3. Such expenditure from the trust fund vi 1 result in a benefit to the new constructi• from which the funds were collected. D. Non-lapsing: The trust fund shall be non-lapsin. . Election 7. Capital expansion plan. The Village Council shall prepare and maintain a —pital expansion plan for the fire rescue service impact fee trus fund. 4 I 0i/06/94 14:43 ht7t These plans shall be reviewed at least annually during the .udget review process. Section •. Time of payment; remedy for non-paymsat No building permit for any land development requiri • 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 requiri g the payment of a fire rescue service impact fee shall be rene ed or extended until the impact fee in effect at the time of the r newal or extension has been paid by the fee payor. For any land uses not requiring a building permit, the mpact fee shall be paid prior to receipt of a development orde that initiates an impact on fire rescue services . Any existing land use that is expanded, replaced or anged shall be required to pay tire rescue service impact fees b. ed on the new or additional impact resulting from the exp; sion, replacement or change of use. In the event impact fees paid by check, draft or other negotiable instrument do not clear, the building per t or development order authorizing the development for which the ;mpact fees were paid shall be suspended. The agency issuing the b lding permit or development order shall send notice to the appli•.nt by certified mail. If the impact fees, together with any char. -9 for the check not clearing, are not paid within ten (10) worki s days following mailing of the notice, the building permit or deve .pment order shall be of no further force and effect and a stop wor order shall be issued and not lifted until such time as the impa fees are paid. If impact fees are not paid in full, the amount . paid, together with statutory interest accruing thirty (30) calend-r days following the date of written notice by certified mail is : -nt to the fee payor, shall be a lien against the land contain' y the development for which the impact fees are due. Notice of t.e lien shall be filed in the official records of the Clerk of the .ircuit Court in and for Palm Beach County. The lien shall have paiority over all liens, mortgages and encumbrances, except taxes. If the lien remains unpaid for more than thirty (30) calend- days following the recording of the notice, it may be foreclosed in the manner provided by state law for the foreclosure of mortg. •es on real property.' $ectioD Severability. If any provision o this Ordinance or the application thereof is held invalid such invalidity shall not affect the other provisions or applicat ons of this Ordinance which can be given effect without the nvalid 5 8r,i06i94 14:44 OuV provisions or applications, and to this end, the provisions or this Ordinance are hereby declared severable. section 1. 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 arc zereby repealed. Section y . codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section fit. Effective Date. This Ordinance ahal4, take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by councilmcmber , who moved its adoption. The Ordlinancc was seconded by councilmember _ and upon being put to u vote, the vote was as follows: FOR hPQRTION AGAINST ArsoETIQN The Mayor thereupon declared the Ordinance duly passed and adopted this day of _ , 1994 . MAYOR OF TEQUESTA Ron T. Mackail ATTEST: village Clerk 6 05/0o/94 14:44 00b SCHEDULE A TO IMPACT PIN O1DIXANCE Findings of Fact 1. The Village of Tequesta Fire Rescue Services n• has capital assets in the amount of $1, 136,912 .25. 2. The Village now has 1,455 single family resid ntial units. 3 . The Village now has 963 multi family residential . its. 4. The Village now has 1,082, 262 square feet of commrcial construction. 5. The present ratio between single family resid-ntial units, multi-tamily residential units and commercial use o 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 fo lows: Single family residential $306.64 Multi-family residential $334 . 11 commercial (per square foot) $ .34 JCR\13153ORD\I)tPACT.FR 7