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HomeMy WebLinkAboutDocumentation_Regular_Tab 08C_07/14/1994 � VILLAGE OF TEQUESTA ,�----� � � Post OfGce Boz 3273 • 357 Tequesta Drive J �'; � Tequesta, Florida 33469-0273 • (40� 575-b200 / � � t Fax: (407) 575-6203 s o �' t " I� Cou ��� 1�i1i1�lOi�C11 \ L V l�ii TO: Village Council FRO�t: Thomas G. Bradford, Village Manage�� DATB: June 2, 1994 RE: Fire—Rescue impact Fee Ordinance; Agenda Item On October 1, 1993, the Tequesta Fire—Rescue Department became operational. At that time, the previous Palm Beach County Fire- Rescue Impact Fee, which applied to Tequesta, ceased to be collected for all applicable construction within our jurisdiction. Since that time, Chief Weinand has been working on a local Tequesta Fire—Rescue Impact Fee Ordinance to provide revenues for his department necessitated by the impact of new construction within Tequesta. It is beneficial to implement such an Impact Fee Ordinance at this time since the task of documentinq the necessary costs of the department were relatively easy to access since the information was on hand due to the start-up occurring in FY 92/93. Chief Weinand presented the draft Fire-Rescue Impact Fee Ordinance to the Public Safety Committee at their meeting on May 19, 1994. It was the recommendation of the Public Safety Committee that this ordinance be recommended for adoption to the Village Council. Additionally, the Committee recommended that work commence on the preparation of a similar ordinance to cover the expenses to the Police Department by virtue of new development. ' Impact fees have been upheld in the judicial system within Palm Beach County, the State of Florida and across the nation. The logic behind impact fees is that for each new development, a clear and identifiable impact to the infrastructure, including fire- rescue services, is demonstrable and is to be offset totally or in part by the imposition of an impact fee to the new development. Impact fees help reduce future expenses to owners of existing development by virtue of new development within their jurisdiction. Rrcvt'Ir.: Panrr Villaqe Couacil June 2, 1994 Paqe 2 � It is recommended that the Village Council adopt this Ordinance as soon as possible in order to properly deposit all fees generated by virtue of development and use the funds in accordance with the established capital expansion plan of the Tequesta Fire-Rescue Department. TGB/cm � JONES, FOSTER, JOHNSTON � STUBBS, P. A. ATTORNEYt AND OOIN�fBEldiB FLAOLBfi CEIfTBA TOWBI • 006 SOVTM fLl10LEA Oi�VE BFVEN7M ft+00R �wa+r e �ucx�.men �oNw euw recw�daw �. O. �O% 347� Mcrwr �. tx�tw� sr�w�[M ��ucwv �con l ra�wiEM YVEBT /ALM BEACH, RiONDA �O�J476 r�a-nA ttuC'EVe+AOiorn ANNC.11Ab001h� 1WM1'M1l�OlIJ0f1M�tON YM6IWET� A11�IIOy `�� ��� iNFiM EDMMO dAt i�EVEN J NDMYMi FAX: (IO�A.�Z�I4� A. MMJCE.N'!NE! NERECCA G. OOANE /ETER A 1ACN! 1�04•NM dtw870RfEA S DuRE D CYIYFNlWTM ■ lCOTi O MAwiu+re UOUB� A. fN!!1. �N ►AIA. C. rYO1.tE 711p(WTON Y NEdM AL.LFM Il 10M1IN80q Ip!•1M1 VE7ER S NOITON JpIN S. TpYrVEp �uac e iuea�vE�n wcH�� v. w�++ WRiTER'8 01RECT UNE: � r��MEI T qiANt ' IL ADAM! MEAYEA 1MRLM1/ A fO�TEN O/ OONIOlI. 4 MMTIN RLANKiAN May 24, 1994 � e�� James M. Weinand, Fire Chief 1�" Villaqe of Tequesta Department of Fire-Rescue �Y 25 � Post Office Box 3273 Tequesta, Florida 33469 � RE: Villaqe of Tequesta �i}'�'� ��$�� � }� Fire Rescue Impact Fee Ordinance Our File No. 13153.1 Dear Chief Weinand: Enclosed is the proposed ordinance relatinq to the fire rescue impact fee. Section 2, Paraqraph C, has been deleted purs�uant to your request. Sincerely, JONES, ER, JOBNSTON & STIIBBS, P.A. John C. Randolph JCR/ssm Enclosure cc: Mr. Thomas G. Bradford, Villaqe 1Kanaqer � oxnixArres �o. AN ORDINANCE OF TH� VILLAGE COUNCIL OF THE VILI�AGE OF TEQUESTA, PAI1wI BEACH COUNTY, FLORIDA, CREATING A VILI�AGE CODE CHAPTER TO . BE ENTITLED IMPACT FEES; LEVYING IMPACT FEES FOR FIRE RESCUE SERVICES ON NEW CONSTRUCTION WITHIN THE VILI�,GE; STATING THE APPLICABILZTY OF SECTION SUCH FEES TO ALL NEW CONSTRUCTZON SUBJECT TO CERTAZN EXCEPTIONS; PROVIDING FOR DETERMINATION AND REVIEW OF THE IMPACT FETs AMOUNTS EVERY OTHER YEAR AND FOR ADJUSTMENTS BASED ON COST INCREASES; ESTABLISHING A SCHEDULE FOR IMPACT FEES; PROVIDING F�R PAYMENT OF SUCH FEES IN CASH UNLESS AN IN RIND 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; LIMITZNG THE USE OF AMOUNTS IN SUCH TRUST FUNDS; REQUIRING THE PREPARATION AND MP,INTENANCE OF A CAPITAL EXPANSION PLAN � FOR THE TRUST FUND; ESTABLISHING TIME FOR PAYMENT OF SUCIi FEES; PROHIBITING ISSUANCE OF BUILDING PERMITS WITHOUT PAYMIIdT OF ALL FEES; PROVIDZNG 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 wIiEREAS, the Villaqe of Tequesta must expand its fire rescue facilities to maintain current levels of service if new development is to be accommodated without decreasinq current levels of service; and � WHEREAS, while not all new residents may call for fire rescue services, the Villaqe will have to provide additional f�cilities so as to be in a'position to serve each new dwellinq; and WHEREAS, there is a reasonable connection between the need for additional fire rescue services and the qrowth in population that will accompany the new development; and WHEREAS, fire rescue service impact fees shall not be used to replace existinq capital facilities or to fund existinq 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 ur�it basis while those on non-residential construction are best i.mposed on a square footage basis; and WHEREAS, the service demands on each of the various types of residential unita are not so different as to necessitate different impact fee rates for each type; and � WHEREAS, the aervice demands on each of the various typea of non-residential units are not so different as to necessitate different impact fe� rates for each type. � NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLI�OWS: �ection 1. The followinq chapter be and hereby is added to the Code of Ordinances of the Village of Tequesta: "CHAPTBIt IMPACT FEEB ARTICL$ I. IMPACT F$$B FOR BIR$ R$SCIIB BERVIC$8 Section i. Levy and purpose. For the purpose of regulatinq the use and development of land in the Villaqe of Tequesta so as to assure that nev 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 facil3ties and equipment attributable to new construction within the Villaqe limits, impact fees are hereby levied on ne� construction within the Villaqe limits in accordance with the schedule of impact fees and other provisions of this chapter. seotion 2. Appiicability. 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 dwellinq unit; B. Remodeling or rebuildinq of any structure without expansion; � C. Construction under any buildinq permit originally issued durinq the year preceding the effective date of this article. section 3. Determiaation o! fee amouats. 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 Villaqe 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 2 level of service for each impact fee component to determine whether it should be �djusted based on changed conditions, to analyze the effects of inflation or other cost factors on the actual costs of providinq 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 aervicea necessitated by the new land development. The Villaqe Council may annually adjust the established impact fee rates to reflect chanqes in the cost of relevant capital facilities and equipment. All chanqes or adjustment in the established impact fee rates shall be made by ordinance and shall apply only to construction for which buildinq permits are issued after the effective date of such ordinance. Section 4. 8chedule of impact tees. To insure that the fire rescue service impact fee does not exceed the cost to provide capital facilities to accommodate new development, the impact fees and the fee schedule are established at ninety-five (95�) percent of the cost to accommodate the impact. The fire rescue service impact fees for new construction within the Village limits shall be as follo�s: TYPE OF �'IRE RESCUE FIVE PERCENT NET FIRE CONSTRUCTION �MPACT FEE DISCOUNT R�SCUE IMPACT � 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 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 f3re rescue impact fee for a residential unit, added to 2. The total square footaqe of commercial space times the net fire rescue impact fee for each square foot. 8ection 5. Payment ot fees. Fire Rescue Service impact fees shall be paid in cash unless the Villaqe 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 3 fafr market value of any land accepted as an in-kind contribution shall be based upon an appraisal of its hiqhest and beat use then allowed under its current land use desiqnation. 8eatioa 6. Eatabli$hment o! trust lund. 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 tor 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 �rhich the funds were collected. D. Non-lapsing: The trust fund shall be non-lapsinq. Seatioa 7. Capital eupaasion 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 durinq the budqet review process. 4 eeatioa 8. Tima ot papment; rameay to= non-papment. No buildinq permit for any land development requirinq the payment oP a Pire rescue service impact fee 8ha11 be iasued until the �mpact fee has been paid by the fee payor�. No buildinq permit for any land development requirinq the payment of a fire rescue service impact fee shall be renewed or extended until the impact f.ee in effect at the time of the renewal or extension has been paid by the fee payor. For any land uses not requirinq a buildinq 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 chanqed shall be required to pay fire rescue service impact fees based on the new or additional impact resultinq 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 buildinq permit or development order authorizinq the development for which the impact fees were paid shall be suspended. The aqency issuinq the buildinq permit or development order shall send notice to the applicant by certified mail. If the impact fees, toqether with any charges for the check not clearinq, are not paid within ten (10) workinq days followinq mailinq of the notice, the buildinq 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 accruinq thirty (30) calendar days followinq the date of �rritten notice by certified mail is sent to the fee payor� shall be a lien against the land containinq 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, mortqaqes and encumbrances, except taxes. If the lien remains unpaid for more than thirty (30) calendar days following the recordinq of the notice, it may be foreclosed in the manner provided by state law for the foreclosure of mortqaqes on real property. p 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 �rdinance which can be given effect t�ithout the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. 5 , Section 3. Repeal of Ordinances in ConPlict. All other ordinances of the Village of Tequesta, Florida, or parta thereof which conflict with this or any part of thia Ordinance are hereby � repealed. Section 4. Codification. This Ordir►ance 8ha11 be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provicled by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance . was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1994. � MAYDR OF TEQIIESTA Ron T. Mackail ATTEST: Village Clerk 6 ! � BCHEDQI.E A TO Il�IPACT FEE ORDINANCE Findiaqs of Fact 1. The Village of Tequesta Fire Rescue Services now has capital assets in the amount of $1,136,912.25. 2. The Villaqe now has 1,.455 sinqle family residential units. • 3. The Village now has 963 multi family residential units. 4. The Village now has 1,082,262 square feet. of commercial construction. 5. The present ratio between single family residential units, multi-family residential units and commercial use of fire rescue services is as follows: Single family residential 39.23$ Multi-family residential � Zg.3$ Commercial 32.48$ 6. The present capital investment per each is.as follows: Sinqle family residential $306.54 Multi-family residential $334.11 Commercial (per square foot) $ .34 JCR\131530RD�IMPJICT.FR 7