HomeMy WebLinkAbout912-05 Public Safety Impact Fee IIIIII IIIII.II III III I III IIIII IIIII IIIII IIIII II II IIII IIII
ORDINANCE NO.: 912-05
2.905029166
AN ORDINANCE. BY. THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, .FLORIDA, CREATING THE •PUBLIC SAFETY
IMPACT FEE ORDINANCE; PROVIDING FOR RULES OF N 9
CONSTRUCTION AND DEFINITIONS; PROVIDING FOR IMPOSITION rn `
AND CALCULATION OF .POLICE AND FIRE SERVICES IMPACT N o 0
FEES; PROVIDING FOR EXEMPTIONS AND CREDITS; PROVIDING m
FOR BENEFIT ZONES, LAWFUL EXPENDITURES, APPEAL AND
PERIODIC REVIEW OF FEES; PROVIDING FOR SEVERABILITY,
CODIFICATION,REPEALER,AND AN EFFECTIVE DATE. -i n
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HEREAS, the provision of adequate police and fire protection is essential for the health, safet j m
and well-being of the public; and 2
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WHEREAS, the existing level of service in the City of Zephyrhills currently provides for the
prompt dispatch of police and fire rescue assistance of a size and composition appropriate to the
request; and
WHEREAS an increase in new development within the City will directly and adversely impact
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existing police and fire rescue services. In order to maintain adequate public safety services foi " m�
the existing population and to. accommodate projected population due to new development
dditional capital resources are required; and h);z
WHEREAS, current sources of revenue will be inadequate to fund the cost of acquisition of
property and capital equipment required to provide police and fire services to new development
Without an impact fee, the adverse impact on existing and future residents of the City o ' '
ephyrhills will result; and o
WHEREAS, to ensure that funds collected are used to mitigate impacts of new development, (31w
benefit zone is established. Funds collected from development occurring in the zone shall b
expended to mitigate the impacts and to benefit the development occurring in that zone.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,
1lorida, as follows:
ection 1. Title.
1. This ordinance shall be known and may be cited as the "Public Safety Impact Fe
Ordinance".
2. The above recitals are true and correct and are hereby incorporated by reference.
3. The Impact Fee Study prepared by Kimley-Horn and Associates, Inc. dated Septembe
2004 is hereby incorporated by reference.
4. This Ordinance shall be applicable to all land development within the City limits of th
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City of Zephyrhills, Florida.
ection 2. Rules of Construction.
1. The provisions of this Ordinance shall be liberally construed so as to effectively carry ou
its purpose in the interest of public safety.
2. For the purposes of administration and enforcement of this Ordinance, unless otherwis
state, the following rules of construction shall apply to the text of this Ordinance.
(a) If there is any conflict between the text of this Ordinance and any table
summary table or illustration, the text shall control.
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, L 33542 ; '
ORB)( 6232 PG 1L 6
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(b) The word "shall" is always mandatory and not discretionary; the word "may is
permissive.
(c) Words used in the present tense shall include the future; and words used in the
singular number shall include the plural, and the plural the singular, unless the
context clearly indicates the contrary.
(d) The phrase "used for" includes "arranged for", "designed'for", "maintained for",
or"occupied for".
(e) The word "person" includes an individual, a corporation, a partnership, an
incorporated association, or any other similar entity.
(f) Unless the context clearly indicates the contrary, where a regulation involves two
(2) or more items, conditions, provisions, or events connected by the conjunction
"and", "or", or"either. . .or",the conjunction shall be interpreted as follows:
(i) "And" indicates that all the connected terms, conditions, provisions,
or events shall apply.
(ii) "Or" indicates that the connected.items, conditions,.provisions, or
events may apply singly or in any combination.
(iii) . -"Either. . .or" indicates that the. connected items, conditional
provisions, or events shall apply singly but not in combination.
(g) The word "includes" shall not limit a term to the specific example, but is
intended to extend its meaning to all other instances or circumstances of like
kind or character.
(h) The word "he"means "he or she"; "his"means "his or hers".
Section 3. Definitions.
The definitions contained in the Zephyrhills Land Development Code, shall apply to this
Ordinance except as otherwise provided in the following definitions:
Applicant means the person who applies for a building permit or submits a plat or waiver of plat.
Building means any-structure,having a roof entirely separated from any other structure by space
or by walls in which there are no communicating doors or windows or any similar opening and
erected for the purpose of providing support or shelter for persons, animals, things or property of
any kind.
Building Permit means an official document or certificate issued by the City of Zephyrhills
Building Official, authorizing the construction siting, or change of use of any building. For
purposes of this ordinance, the term building permit shall also include tie-down permits for those
structures or buildings, such as mobile homes, that do not require a building permit in order to be
occupied.
City means the City of Zephyrhills, Florida.
City Manager means the City Manager of the City of Zephyrhills, Florida, or his designee.
Comprehensive Plan means the comprehensive plan of the City of Zephyrhills, Florida, adopted
and amended pursuant to the Local Government Comprehensive Planning and Land
Development Regulation Act, Section 163.3161, Florida Statutes.
Credit means the present value of past provisions made by new developments.for the cost of
existing or future capital improvements.
OR BK 6232 PG 717
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Development Activity, Development, or Activity means any activity for which a building permit is
required pursuant to the Florida Building Code or any applicable City ordinance.
Encumbered means monies committed by contract or purchase order in a manner that obligate
the City of Zephyrhills to expend the funded amount upon delivery of goods, the rendering o
services or the conveyance of real property provided by a vendor, supplier, contractor or owner.
Existing Development means the lawful land use physically existing as of the effective date of
this Ordinance and any development or additional development for which the landowner holds �f
alid building permit as of the effective date of this Ordinance. Existing development shall also
include that maximum level of development activity for which a previous impact fee was pai
under the provisions of this Ordinance.
Feepayer means a person intending to commence a proposed development for which an impac
fee computation is required under this ordinance, or a person who has paid an impact fee, or
p ovided a letter of credit pursuant to this Ordinance.
ire Chief means the Fire-Chief of the City of Zephyrhills, Florida, or his designee.
I m pact means the effect of the new development, including additional residential and non-
residential development, on public service services in a given area.
li Improvement means any physical improvement related to property, construction costs of a police
or fire station or other facility, or acquisition of capital equipment with respect to the impact of
the development.
Non-residential Development means development not providing for any residential units.
Person, for the purpose of this Ordinance, means individuals, partnerships, trusts, corporations,
aid all other legal entities authorized by the law of the State of Florida to own and develop real
p operty.
P lice Chief means the Police Chief of the City of Zephyrhills, Florida, or his designee.
P blic Safety Services means the provision of fire rescue and police services.
Public Safety Impact Fee or Impact Fee means the proportionate fair share charge required to be
paid in accordance with this Ordinance.
R sidential Development means any building or buildings designed to be used as dwelling units.
nit or Unit of Development means a residential structure which is a quantifiable increment or
development activity; e.g., a single-family home, or a residential module; e.g., each
c ndominium or apartment unit within a condominium complex or building.
Section 4. Imposition of Public Safety Impact Fee.
1. Any application for building permit for development activity within the City of
Zephyrhills shall be subject to the assessment of a Public Safety Impact Fee in the
manner and amount set forth in this Ordinance. However, any complete application for a
building permit submitted prior to the effective date of this Ordinance shall not be
subject to the provisions of this Ordinance.
2. For building permits which expire or are revoked after the effective date of this
Ordinance, the applicant must pay the Public Safety Impact Fee prior to issuance of a
new permit on the project.
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3. No building permit shall by issued by the City until the applicant has paid the assessed
impact fees as calculated herein. Payment of the Public Safety Impact Fee pursuant to
this Ordinance shall not prohibit a feepayer from initiating an Independent Fee
Computation Study in accordance with the provisions herein.
OR BK 6232 PG 718
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4. Notwithstanding the payment of a Public Safety Impact Fee, other state, city, or federal
developmental regulations may limit the issuance of building permits for development
activity.
5. Nothing in this Ordinance shall prohibit the City from paying the required impact fee on
behalf of any applicant or feepayer. In such an instance, the impact fee payment shall be
from allowable fundable sources other than prior impact fee revenues.
Section 5. Public Safety Impact Fee Computation Formula.
1. The feepayer shall pay a Public Safety Impact Fee amount based on the formulas set forth
below. Such fees will be based on the capital costs required to serve the increased
demand for public safety services resulting from proposed new development activities,
together with impact fee administrative costs. The formula to be used to calculate the
Public Safety Impact Fee shall be established as follows for each property type:
Residential Impact Fees:
Fees(per dwelling unit)=[total vehicle,building and equipment cost]x[%calls serving residential uses].
Total residential dwelling units
Non Residential Impact Fees:
Fees(per square'foot)_[total vehicle,building.gand equipment cost]x'[%calls serving non-residential uses]
Total non-residential building square footage
Estimated value of capital assets derived from information provided by the City of Zephyrhills
Police and Fire Departments. Number of total units and square footage provided by the Pasco
County Property Appraiser. Other statistical information compiled by Kimley-Horn and
Associates, Inc. in the Impact Fee Study for Police and Fire Impact Fees prepared for the City of
Zephyrhills in September 2004.
Based upon the analysis presented in the background study prepared by Kimley-Horn and
Associates, Inc., the City of Zephyrhills shall employ the following structure to compute the
amount of fee to be paid.
PUBLIC SAFETYIMPACT FEE SUMMARY
Residential Development Non-residential
Development
Fire Protection $273 per Dwelling Unit $175 per 1,000 square feet
Law Enforcement $254 per Dwelling Unit $163 per 1,000 square feet
2. The fee per residential unit or fee per non-residential square footage shall be multiplied
by the feepayer's total number of units for residential property or total number of square
feet for non-residential property. The total will then be multiplied by 1.05 to
accommodate the general administrative charge of five percent (5%). The resulting total
is the Public Safety Impact Fee and administrative charge which shall be paid by the
feepayer.
3. In the case of development activity involving a change of use or magnitude of use in
which a building permit is required, the proposed development shall be required to pay an
impact fee only for the increase in the development activity. The impact fee shall be the
difference between the computed impact fee for the proposed development activity and
the computed impact fee for the existing development activity as defined above. Any
building permit which expires or is revoked after the effective date of this Ordinance and
for which a fee has not previously been paid under this Ordinance shall be required to
comply with the provisions herein. No refunds will be given for proposed development
activity resulting in a negative fee calculation.
4. In determining existing development activity and the units or square feet of proposed or
existing development, the City Manager or his designee shall use the building permit and
OR BK 6232 PG 719
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certificate of use information contained in the building or zoning records of the City o
Zephyrhills or other governmental agencies.
Section 6. Exemptions.
1. Alteration, expansion or replacement of an existing building or unit where the use is no
changed and the number of units or square footage is not increased shall not be subject t
the impact fee. The burden of demonstrating the previous existence of a use or structur
or previous payment of impact fees shall be upon the feepayer. In cases where there is
existing use, any additional fees shall be based upon the alteration to the existing use o
structure.
2. Governmental or public facilities are not exempt from payment of the impact fee.
3. The construction of accessory buildings or structures where the use is not changed, suc
that an additional impact does not result and the number of units or square footage is no
materially increased, is exempt.
4. Parking lots or garages are exempt from payment of the fee when the structure or lot i
accessory to a primary use structure.
5. Any exemption must be claimed by the feepayer prior to paying the impact fee. An
exemption not so claimed shall be deemed to have been waived by the feepayer.
Section 7. Credits.
1. Credit for up to the full amount of the impact fee may be given by the City Council fo
monetary or real property contributions toward capital equipment and facilities that wer
voluntarily proffered or required under a City development order. Credits shall b
limited to the extent of monies paid or the Property Appraiser's valuation of real propert
proffered. No refunds shall be made under this section.
2. Any claim for credit pursuant to this section must be filed with the City Manager or hi
designee within one (1) year from the final approval of the applicable development order.
Any feepayer claiming such credits shall present documentation and any other evidenc
of a donation of real property or a monetary contribution for capital equipment o
facilities.
ection 8. Fee Computation by IndependentlStudy.
1. The feepayer may elect, prior to paying the schedule impact fees calculated above, to
utilize an Independent Fee Computation Study. Such study shall calculate the fe
pursuant to the formula set forth above. The feepayer shall provide the City Manager oil
his designee Notice of Intent to utilize an Independent Fee Computation Study prior to
the issuance of any building permit on the property for which the fee is due. Nothing i
this section shall allow a building permit for development activity to be issued withou
the payment of a Public Safety Impact Fee.
2. If the feepayer elects to utilize an Independent Fee Computation Study, the feepaye
shall, at his own expense, prepare and present to the City Manager or his designee,
study that documents the basis upon which the value of each of the components of the fee
formula set forth above were determined. The burden shall be upon the feepayer to
provide the data, analysis, and reports necessary for the City Manager or his designee to
make a determination. The analysis and report must be based on the formula set forth i
this Ordinance.
3. The City Manager or his designee shall determine whether the Independent Fee
Computation Study accomplishes the following:
(a) Adheres to the impact fee formula set forth above;
(b) Provides complete,thorough, and accurate information; and
(c) Is prepared by a qualified professional engineer.
OR BK 62 PG 72O
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4. Upon approval of the Independent Fee Computation Study by the City•Manager or his
designee based upon a determination that the conditions described above have been fully
.met, the feepayer shall pay the amount of the fee so computed and be entitled to a refund
.of any amount previously paid in excess thereof.
5. Any appeal from a decision of the City Manager or his designee to reject an Independent
Fee Computation Study shall be filed within thirty (30) days of the written determination
with the City Council.
Section 9. Benefit Zones and Trust Funds.
1. There is designated only one Public Safety Impact Fee benefit zone within the City limits
of the City of Zephyrhills.
2. A separate interest bearing trust account shall be established for the Public Safety Impact
Fees collected within the benefit zone. All impact fees collected shall be promptly
deposited into the trust account except for general administrative costs which shall be
deposited into the operating accounts of the Police and Fire Departments. Impact fees
shall be expended in accordance with Section 9 below.
3. Expenditures from the funds shall be limited to the acquisition, expansion or
improvement of real property, capital facilities or equipment made necessary by the new
development from which the fees were collected or for principal and interest.:payments
(including sinking fund payments) on bonds or other borrowed revenues used to acquire,
expand or improve such facilitate or equipment necessitated to mitigate the impact of and
provide benefit to new development. As provide in Section 9 below, funds can be
expended on acquisition, expansion or improvement of capital facilities and equipment
for central response and support services made necessary by new development in
proportion to the impact on central response and support services made by the new
development.
4. A financial report outlining expenditures and unexpended funds within the impact fee
benefit zone shall be prepared annually by the City Manager or his designee as part of the
annual budget presentation.
Section 10. Public Safety Impact Fee Expenditures.
1. Expenditures from the impact fee shall include but not be limited to:
(a) Planning, design, and construction plan preparation;
(b) Permitting and fees;
(c) Land and materials acquisition, including any costs of acquisition or
condemnation;
(d) Relocation of utilities required by the construction of improvements and additions
to public safety facilities;
(e) Design and construction of new drainage facilities required by the construction of
improvements and additions to public safety facilities;
(f) Landscaping and site preparation, including demucking, filling to flood criteria
and compaction;
(g) Construction management and inspection;
(h) Surveying, soils and materials testing and removal of hazardous and solid waste
materials;
(i) Acquisition of capital equipment for public safety services;
OR BK 6232 PG 721
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(j) Repayment of any monies transferred or borrowed from any budgetary fund o '
the City subsequent to the effective date of this Ordinance, which were used t
fund any of the growth-necessitatedi improvements as herein provided. Any fund
that are borrowed shall be spent only to mitigate the impact of new development;
(k) Purchase of land for additional public safety service buildings and support
facilities needed to accommodate new growth; and
(1) Purchase of other capital equipment for stations affected by new growth.
2. The five percent (5%) general administrative cost portion of the-impact fee shall be
deposited into a separate operating account,of the City and shall be used solely to pay the
costs of administering the impact fee.
3. Trust account funds shall be deemed expended in the order in which they are collected.
4. Monies, including any accrued interest, not encumbered in any fiscal period shall be
retained in the trust fund until the next fiscal period except as provided by the refund
provisions of this Ordinance.
5. To the extent that new development impacts central response and support services and
receives benefit from growth-necessitated acquisition, expansion or improvement of
capital facilities and equipment, funds can be expended from the benefit zone to mitigate
the impact of new development on central response and support services in proportion to
the impact made and funds collected.
6. If a refund is required under this Ordinance, it shall be paid out of revenues collected
hereunder.
Section 11. Refund of Impact Fees Paid.
1. If a building permit encompassing feepaying development expires or is revoked or if the
feepayer has paid impact fees in excess of the amount determined by an approved
Independent Fee Computation Study completed in accordance with conditions set forth
above, then the feepayer may request from the City Manager or his designee, a refund of
the impact fee paid or the appropriate portion thereof. However, the City shall retain the
general administrative cost portion of the fee to cover the cost of the administration of the
fee, collection and refund. The feepayer must submit an application for such refund to
the City Manager or his designee within thirty (30) days of notification of any of the
enumerated circumstances. No refund shall be provided for impact fees deemed
expended pursuant to Sections 8 and 9 above if no timely claim was made. Funds shall
be deemed expended for the purposes of this Ordinance when a contract or agreement
encumbering all or a portion of the payment of said funds shall be approved by final City
action. No refund shall be given for proposed development activity which results in a
negative impact fee calculation.
2. Any impact fee trust funds not expended by the end of the fiscal quarter immediately
following six (6) years from the date that the fee was paid shall be returned to the
feepayer with accrued interest; provided, however, that this section shall not apply to
PUD or MPUD developments with phased or long term buildout.
3. If no claim is made within the time period prescribed by this Ordinance for the money
eligible for refund, then said money shall be returned to the appropriate trust fund
described above, and shall be utilized for the purposes described above. For the purpose
of refunds under this section, monies collected shall be deemed to be spent or
encumbered for the expenditure on the assumption that the first money placed in the trust
fund shall be the first money taken out of the fund when withdrawals are made.
OR BK 6232 PG 722
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Section 12. Appeal of Administrative Decisions.
Decisions of the City Manager or his designee regarding independent fee calculations may be
appealed by the feepayer to the City Council. The feepayer must file a written notice of
administrative appeal within thirty (30) days of the issuance of a written decision by the City
Manager or his designee. The notice shall be accompanied by a letter providing a full
explanation of the request, the reason for the appeal, and any supporting documentation. The
City Manager or his designee shall schedule the appeal before the City Council as soon as
practically possible. The City Council shall vote to affirm, reject or revise the.decision of the
City Manager or his designee.
Section 13. Impact Fee Study and Periodic Review.
1. The Police and Fire Impact Fee Study prepared by Kimley-Horn and Associates, Inc.
dated September 2004 shall be used for the administration of this Ordinance.
2. The City Manager shall periodically review this Ordinance and the accompanying study
and, if appropriate, make recommendations to the City Council for revisions to this
Ordinance or the study. The purpose of this review is to ensure that the benefits to a
feepaying development are equitable in that the fee charged to the paying development
shall no exceed a proportionate fair share of the costs of mitigating public lsafety impacts
of new developments, and that the procedures for administering 'the impact fee remain
efficient.
Section 14. Vested Rights.
Nothing in this Ordinance shall limit or modify the rights of any person to complete-any
development for which a lawful building permit was issued prior to the effective date of this
Ordinance and on which there has been a good faith reliance and a substantial change of
position. The City Attorney, upon application by the feepayer, shall determine the extent of the
applicability of vested rights.
Section 15. Repealer.
Any Ordinance or part of any Ordinance, in conflict herewith is hereby repealed to the extent of
any conflict.
Section 16. Severability.
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if any
section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the
remainder of this Ordinance shall be construed as not having contained said section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
Section 17. Inclusion in Code.
The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
the City of Zephyrhills, Florida. The sections of this Ordinance may be renumbered or relettered
and the word "ordinance" may be changed to "section", "article" or such other appropriate word
or phrase in order to accomplish such.
Section 18. Effective Date.
This Ordinance shall become effective upon passage on the third reading and signing by the
Mayor.
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he foregoing.Ordinance No.'912-05 was read and passed on the first reading in an open an
egular metir t1iitv Council of the City of Zephyrhills, Florida, on this 10th day o
anuary;.:2,o5:
ttest:
k, Lind b7.B6�n, City" Ierk Clyde C. Bracknell, Council President
he foregoing o'rc i ance;,No. 9.12-05 was read and passed on the second reading, following
ublic hearing 'n--an..,open°and regular meeting of the City Council of the City of Zephyrhills
lorida �n kris t �#a of January, 2005.
Attest w 4 "
Lin .;B:oan. City Clerk Cl e C. Bracknell, Council President
he for4giK Ojd nhnce No. 91.2-05 was read and passed on the third reading, following
ublic hearing.' in an open and regular meeting of the City Council of the City of Zephyrhills
lorid , cnf t�lftrlr4 day';of`February, 2005.
Attest: -
'' d D Bo'an y Cit Clerk jyde C. Brackn Coun
cil Cocil President
The TTregoing Orc�iuShce No.,912-05 was approved by me this 14th day of February, 2005.
W. Cliff of ie;-M r
Appro d as le 1 f and legal content
Karla S. Owens, City Attorney