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HomeMy WebLinkAboutOrdinance_352_08/25/1987• ORDINANCE 352 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, REPEALING APPENDIX B (SUBDIVISION REGULATIONS) ARTICLE IV, SECTION 9, (2) OF THE CODE OF ORDINANCES OF THE VILLAGE; PROVIDING FOR A FAIR SHARE CONTRIBUTION FOR PARK AND RECREATIONAL IMPROVEMENTS AND FACILITIES; REQUIRING PAYMENT TO THE VILLAGE OF A FAIR SHARE FEE FOR THE CONSTRUCTION OF RESIDENTIAL AND COMMERCIAL DEVELOPMENT WITHIN THE VILLAGE; PROVIDING THAT SAID SUMS OF MONEY SHALL BE HELD IN TRUST BY THE VILLAGE FOR THE PURPOSE OF ACQUIRING PARKS AND PLAYGROUNDS OR FOR PURPOSES OF MAKING IMPROVEMENTS TO OR CAPITAL EXPENDITURES FOR PARKS AND RECREATIONAL FACILITIES OPERATED BY THE VILLAGE; PROVIDING FOR ARBITRATION IN THE EVENT OF DISPUTE OVER THE VALUE OF LAND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, all land development within the Village of Tequesta creates an impact on the entire Village, particularly as it relates to the increased need for parks, playgrounds and other recreational facilities; and WHEREAS, increasing the availability of parks and playgrounds and other recreational facilities as development of the land remaining available within the Village decreases is the recognized responsibility of government and in the best interest of the public health, safety and welfare; and WHEREAS, the "Local Government Comprehensive Planning and Land Development Regulation Act" of the State of Florida has placed on local governments the responsibility of planning for recreation and open space and related facilities; and WHEREAS, it is in the interest of the public health, safety, welfare and convenience for the Village to regulate land development by requiring the payment of impact fees as a condition precedent to the issuance of a building permit for the new construction of residential or commercial development within the Village for the exclusive purpose of improving the Village's availability and use of parks, playgrounds and other recreational facilities within the Village; and WHEREAS, it is the purpose of this ordinance to continue to allow growth in the Village of Tequesta but to do so in a manner which requires the new development causing the impact, to share the financial burden of growth by requiring the new development to pay its pro rata share for the cost of improvements within the Village, referenced herein to the extent that their presence necessitates such improvements; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA AS FOLLOWS: • Section 1. - Appendix B (Subdivision Regulations) Article IV, Section 9 (2) of the Code of Ordinances of the Village of Tequesta is herby repealed. Section 2. - As a condition to the issuance of a building permit for any new construction of a commercial or residential structure within the Village of Tequesta, the applicant shall pay a Fair Share Fee in the manner and amount required by this ordinance which shall be used exclusively by the Village of Tequesta for the exclusive purposes set forth in this ordinance. • • - 2 - Section 3. - The Fair Share Fee shall be determined by and consist of the following elements: A) Parks and Recreational Fair Share Fee Element: For all new dwelling units constructed within the Single- Family Dwelling Districts of the Village, not including in- fill of previously approved sub-divided areas within Single Family Dwelling Districts, all new construction of structures within Multi-Family Dwelling Districts of the Village and for all new construction of structures within Commercial Districts of the Village the applicant shall pay to the Village, prior to the issuance by the Village of a building permit, a sum of money equal in value to four percent (4$) of the gross area of the parcel of land upon which it is proposed to construct the new structure. Said value shall be determined based upon the value of the land at the time of the issuance of a building permit but shall not include the value of the proposed improvements. For purposes of the computations required herein, all land, including that to be dedicated as public right-of-way, shall be included. In the event the applicant and the Village are not in agreement as to the value of the land upon which the Parks and Recreational Fair Share Fee Element is to be computed, the value shall be determined by arbitratrion as set forth herein. The Village Council and the applicant shall each appoint a professional land appraiser. These two appraisers shall appoint a third professional land appraiser for the purpose of determining the value of the land. The determination of said value based upon the decision of two of the three appraisers shall be binding. The costs of arbitration shall be borne by the applicant. A decision on said value shall be made prior to a building permit being issued by the Village. Section 4. - All funds received by the Village shall be deposited to the credit of a separate and distinct designated account within the Capital Improvement Fund, and shall be held in trust until appropriated for expenditure solely for the purposes established by this ordinance. Section 5. - The funds collected by reason of the establishment of this Fair Share Ordinance shall be used solely and exclusively for the purpose of acquiring parks, playgrounds or recreational facilities operated by the Village or for the purpose of making improvements to or capital expenditures for parks, playgrounds and recreational facilities owned and/or operated by the Village. Section 6. - The following shall be exempted from payment of the Fair Share Fee: (A) Alterations or expansion of an existing residential or commercial unit where no additional units are created and where square footage is not increased. (B) The construction of accessory buildings or structures associated with existing principal buildings where said structures are only accessory and do not increase living space or commercial square footage. (C) The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use. Section 7. - The following shall not be exempt from payment of the Fair Share Fee: • . • • ' -3- (A) Alterations or expansion of an existing residential or commercial unit where additional units or where square ~ footage is increased and said parcel of land in question has not been assessed the Parks and Recreational Fair Share Fee previous to the proposed additional units or square • footage. In sum of money gross area of as any addit ~ to meet the Ordinance. such instances the Fair Share Fee shall be a equal in value to four percent (4$) of the the additional units or square footage as well Tonal land areas associated therewith required technical requirements of the Village Zoning Section 8. - A. The provisions of this ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and convenience. B. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. C. Any building permit used for new construction as covered by this ordinance but without payment of the Fee as required by this ordinance shall be void. D. A violation of this ordinance shall be a misdemeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution of, the Village shall have the power to sue in civil court to enforce the provisions of this ordinance. Section 9. - Codification. The provisions of this ordinance shall become and be made a part of the Official Code of Ordinances of the Village of Tequesta. The sections of this ordinance may be renumbered or relettered to accomplish such; and the word "ordinance" may be changed to "section", "article", or another appropriate word. !~ Section 10. - The provisions of this ordinance shall become effective on Nlay 1 1988. THE FOREGOING ORDINANCE was offered by Councilmember Edward C. Howell who moved its adoption. The Ordinance was seconded by Councilmember Earl L. Collings and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta William E. Burckart Ron T. Mackail Earl L. Collings Edward C. Howell The Mayor thereupon declared the Ordinance duly passed and adopted this 24th day of March 1988. MAYOR OF TEQUESTA • ATTEST: ~~~ ' / _ ~ /' ~~ Bill C. asc elis Village Cllr .,. .. • • THE FOREGOING ORDINANCE was offered by Councilmember Edward C. Howell who moved its adoption. The Ordinance was seconded by Councilmember Edwin J. Nelson and upon being put to a vote, the vote was as follows: • FOR ADOPTION AGAINST ADOPTION Carlton D. Stoddard Ron Mackail Edwin J. Nelson Edward C. Howell The Mayor thereupon declared the Ordinance duly passed and adopted this 25th day of August 1987. ATTEST: • MAYOR OF TEQUESTA ~~~L~:~ ~6 v~ ~J~. ~.~