HomeMy WebLinkAboutOrdinance No. 1481-24 Impact FeesINSTR# 2024131134 OR BK 11052 PG 225 Page 1 of 16
07/25/2024 10:18 AM Rcpt: 2726265 Rec: 137.50 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA, AMENDING CHAPTER 155 — IMPACT
FEES, OF THE CITY OF ZEPHYRHILLS CODE OF ORDINANCES;
ADOPTING SIMPLIFIED LAND USE CATEGORIES WITHIN THE
TRANSPORTATION IMPACT FEE SCHEDULES; ADOPTING A
TIMELINE AND PHASING FOR IMPLEMENTATION OF AMENDED
IMPACT FEES; ADOPTING AN UPDATED METHODOLOGY FOR
IMPACT FEE ANALYSIS; ADOPTING AN UPDATED IMPACT FEE
STUDY; PROVIDING FOR THE EFFECT OF THE TRANSPORTATION
IMPACT FEE ORDINANCE ON OTHER REGULATIONS AND
DEVELOPMENT ORDERS; PROVIDING FOR PURPOSE AND INTENT
PROVIDING DEFINITIONS; PROVIDING RULES OF CONSTRUCTION;
PROVIDING FINDINGS; PROVIDING FOR CONFLICT
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has authority to adopt this ordinance through general home
rule powers pursuant to Article VIII of the 1968 Florida Constitution, and Chapters 166 and 163,
Florida Statutes; and
WHEREAS, the City is hired a consultant to conduct an impacted impact fee study to
determine if changes need to be made to the current impact fee calculation and fee amounts; and
WHEREAS, increasing the capacity of arterial, collector and other roads to make them
safe and more efficient, in coordination with a plan for the control of traffic, is the recognized
responsibility of the City through Chapter 166, Florida Statutes, and is in the best interest of the
public health, safety and welfare; and
WHEREAS, planning for the necessary expansion of transportation improvements, the
need for additional Police Officers and related expansion of the Police Department expansion, and
the need for additional parks and recreation areas created by development activity generating new
traffic and increasing the City population through the comprehensive planning process, and the
implementation of these plans, is a mandatory responsibility of the City through Section 163.3161,
et seq., Florida Statutes, and is in the best interest of public health, safety and welfare; and
WHEREAS, the City has studied the necessity for, and implications of, the imposition of
impact fees for funding the expansion of the City's transportation facilities, City Police
Department, and City parks and recreation area; and
WHEREAS, the City has found and determined that impact fees are appropriate for
funding the expansion of the City's transportation facilities, City Police Department, and City
parks and recreation area; and
WHEREAS, the City has found and determined that an amendment to the impact fee
ordinance is necessary and in the best interest of the citizens of the City of Zephyrhills; and
WHEREAS, this ordinance shall apply to the incorporated area of the City Zepbyrhills
and is consistent with the City of Zephyrhills Comprehensive Plan; and
WHEREAS, the City Council desires to hereby formally adopt this amendment to Section
155 of the City of Zephyrhills Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Zephyrhills, Florida, as follows:
Page 1 of 16
30996332v1
OR BK 11052 PG 226 Page 2 of 16
Section 1. Recitals.
The Whereas Clauses above are true and accurate and are incorporated by reference and
made a part of this Ordinance.
Section 2. Authority.
This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the home
rule powers of the City.
Section 3. Amendments.
That CHAPTER 155. — IMPACT FEES is hereby repealed in its entirety and replaced with
the following:
§ 155.01 SHORT TITLE, AUTHORITY, AND APPLICABILITY.
(A) This chapter shall be known and may be cited as the "Impact Fees Ordinance."
(B) The City Council has authority to adopt this chapter through Fla. Stat. § 163.31801.
(C) Increasing the capacity of transportation, park, and public safety facilities to accommodate
growth and development is in the best interest of public health, safety and welfare.
(D) This chapter shall apply to the incorporated area of the city except as specifically provided
by any duly executed intergovernmental agreement with the county or the state.
§ 155.02 INTENT AND PURPOSE.
(A) The City Council has determined and recognized through adoption of the City of
Zephyrhills Comprehensive Plan that growth which the city is experiencing will necessitate
additional transportation, park, and public safety improvements and make it necessary to regulate
development activity generating new demands on such facilities in order to maintain an acceptable
level of service and quality of life within the city. In order to finance the necessary growth -related
capital improvements, additional methods of financing will be necessary, one of which will require
development activity generating new demands on such facilities to pay transportation, park, and
public safety impact fees not to exceed a pro rata share of the reasonably anticipated expansion
costs of these facilities.
(B) The purpose of this chapter is to continue to enable the city to allow new development
consistent with the adopted Comprehensive Plan, and to regulate development activity generating
new demands on transportation, park, and public safety facilities to require it to share in the
burdens of growth by paying its pro rata share for the reasonably anticipated expansion costs of
expanding those facilities. In this way, growth will help pay for itself, and the existing residents of
the city will not have the full financial burden of providing the increased capacity to accommodate
new development.
(C) It is not the purpose of this chapter to collect any money from development activity in
excess of the actual amount necessary to offset the demand on the city's transportation, park, and
public safety systems generated by the new development. It is specifically acknowledged that this
chapter has approached the problem of determining the transportation, park, and public safety
impact fees in a conservative and reasonable manner.
§ 155.03 RULES OF CONSTRUCTION.
For the purpose of administration and enforcement of this chapter, unless otherwise stated
in this chapter, the following rules of construction shall apply to the text of this chapter.
Page 2 of 16
309963320
OR BK 11052 PG 227 Page 3 of 16
(A) In the case of any difference of meaning or implication between the text of this chapter
and any caption, illustration, summary table, or illustrative table, the text shall control.
(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 or
more items, conditions, provisions, or events connected by the conjunction "and" or "or", the
conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected terms, conditions, provisions, or events
shall apply.
(2) "Or" indicates that the connected items, conditions, provisions, or events shall
apply singly or in any 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 of character.
§ 155.04 GENERAL DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR STRUCTURE. A detached, subordinate building, the use
of which is clearly incidental and related to that of the principal building or use of the land, and
which is located on the same lot as that of the principal building or use.
BUILDING. Any structure, having a roof and used or built for the enclosure or shelter of
persons, animals, vehicles, goods, merchandise, equipment, materials or property of any kind for
a period of time in excess of four weeks in any one calendar year. This term shall include tents,
trailers, mobile homes, or any vehicles serving in any way the function of a building.
BUILDING PERMIT. An official document or certificate issued by the authority having
jurisdiction, authorizing the construction of any building. The term shall also include site plan
approval, tie -down permit, or other development permit or approval for those structures, buildings,
or use of land that do not require a building permit in order to be occupied or used.
CAPITAL IMPROVEMENT. Any long-term investment of public funds for the
acquisition, construction, or improvement of public lands or facilities that, by reason of its size
and cost, is nonrecurring in the local budget.
CAPITAL IMPROVEMENT PLAN or CIP. A multi-year schedule of capital
improvement projects, including priorities and cost estimates, budgeted to fit the financial
resources of the community. This plan is updated annually and is part of the city's Comprehensive
Plan.
COMMUNITY REDEVELOPMENT DISTRICT (CRA). The area as expanded in 2015
and as reflected on the legal description and survey attached to Ord. 1309-16 as Exhibit "A" and
by reference made apart hereof.
Page 3 of 16
30996332vi
OR BK 11052 PG 228 Page 4 of 16
CITY MANAGER. The City Manager of the City of Zephyrhills or designee.
DEVELOPMENT PERMIT. An official document or certificate, other than a building
permit, issued by the authority having jurisdiction, authorizing commencement of land
development activity. This term includes any mining permit, landfilling permit, or other final plan
approval for land development activity not involving construction of a building.
DWELLING UNIT. A single unit providing complete independent living facilities for one
or more persons including permanent provisions for living, sleeping, eating, cooking, and
sanitation.
ELIGIBLE IMPROVEMENTS. Improvements or land that enhance the capacity of the
transportation, park, or public safety systems, but do not include site -related transportation
improvements or the operation, maintenance, repair, or replacement of existing improvements,
provided that replacement of an existing improvement or facility with a new improvement or
facility of greater capacity shall be partially eligible based on the increase in capacity.
ENCUMBER. An irrevocable commitment through an agreement or purchase order or a
contract.
EXTERNAL TRIP. Any trip which either has its origins from or its destination to the
development site and which impacts the major road system.
IMPACT FEE STUDY. The technical report that calculates the maximum impact fees that
may be charged by the City.
INTERNAL TRIP. A trip that has both its origin and destination within the development
site.
MAJOR ROAD SYSTEM. All arterial and collector roads within or benefitting the city
and designated or identified in the adopted city Comprehensive Plan, including new arterial and
collector roads necessitated by new development.
NEW DEVELOPMENT. The carrying out of any building activity or the making of any
material change in the use or size of any structure or land that creates additional demands on
transportation, park, or public safety facilities over and above that produced by the existing use of
the land.
NON -COMMENCEMENT. Notice to the city of intent not to commence development or
the date of expiration of a building permit.
PARK FACILITIES. Public parks and recreation land, buildings, recreational amenities,
associated improvements, and vehicles or other capital equipment with a minimum five-year useful
life.
PLANNED DEVELOPMENT. A land area under unified control designed and planned to
be developed in a single operation or by a series of prescheduled development phases according
to an officially approved final master land use plan, including but not limited to planned unit
developments, master planned unit developments, planned commercial developments and similar
planned developments.
PUBLIC SAFETY FACILITIES. Police stations, other buildings or portions of buildings
owned by the city and used for police support functions, vehicles, and other equipment with a
useful life of at least five years.
RIGHT-OF-WAY. Land, property, or interest therein, that is necessary to accommodate
all of the required elements for and to support the construction and/or improvement of roads,
streets, highways, and bridges on the major road system.
SITE ACCESS IMPROVEMENTS. Improvements to transportation facilities at or near
the development site which are necessary to interface the developments `s with the major road
system or which are necessary to interface the developments internal trips with the major road
Page 4 of 16
30996332v1
OR BK 11052 PG 229 Page 5 of 16
system where a portion of the major road system is included within the development; i.e., project
drives, turn -lanes, signalization, etc. It shall also include improvements designed to ensure safe
and adequate ingress and egress.
SITE RELATED IMPROVEMENTS. Improvements to transportation facilities at or near
the development site which are necessary to interface the development's external trips with the
major road system or which are necessary to interface the development's internal trips with the
major road system where a portion of the major road system is included within the development
(i.e., project drives, turn lanes, signalization, etc.). It shall also include improvements designed to
ensure safe and adequate ingress and egress. For purposes of this chapter, site related
improvements include, but are not limited to, any right-of-way dedications necessary to construct
the first four lanes of a roadway on the major road system within the development site, and design
and construction of any portion of the first two lanes of a roadway on the major road system within
the development site, including all roadway facilities necessary for the design and construction of
the first two lanes of such roadway.
SQUARE FEET or SQUARE FOOTAGE (SF). In both this chapter and the fee schedules
shall mean the area under roof used for occupancy or storage that is used to calculate the square
footage of the development, including the gross area measured in square feet from the exterior
faces or the exterior walls or other exterior boundaries of the building, excluding areas within the
interior of the building which are utilized for parking.
TRANSPORTATION FACILITIES. Collector and arterial roads including rights-of-way
and improvements typically associated with major roadways.
§ 155.05 ADOPTION OF IMPACT FEE STUDY. .
The technical data, findings, and conclusions herein are based on the city's Comprehensive
Plan and the impact fee study. The Council hereby adopts and incorporates by reference the
Zephyrhills Impact Fee Study, dated June 5, 2024, prepared by Duncan Associates.
§ 155.06 IMPOSITION OF FEES.
The impact fees for transportation, park, and public safety facilities shall be assessed upon
the issuance of any building permits for any new development and shall be collected and payable
before the release of final power (pre -meter) in accordance with the fees set forth herein. In the
event that a building permit has been applied for and deemed complete prior to the effective date
of an ordinance increasing the impact fees, the impact fees for such building permit will be
calculated based on the fees in effect at that time.
§ 155.07 ASSESSMENT OF FEES.
(A) Upon receipt of a complete application for a building permit (or prior to the issuance
of a development permit where a building permit is not required) the City Manager shall calculate
the applicable impact fees in accordance with this chapter.
(B) A person may request at any time a non-binding estimate of the impact fees due for a
particular development, however, such estimate is subject to change when a complete application
for a building permit is made.
-- (C) Impact fees shall be calculated as set forth herein based on the fees in effect at the
time of the city's issuance of a building permit, except where otherwise provided for in this chapter.
§ 155.08. IMPACT FEE SCHEDULES.
The impact fees shall be assessed and collected based on the following schedules.
(1) Transportation Impact fee schedule effective October 21, 2024.
Page 5 of 16
30996332v1
OR BK 11052 PG 230 Page 6 of 16
Single -Family Detached*
Dwelling
$5,704
Multi -Family**
Dwelling
$4,082
General Commercial
1,000 sq. ft.
$9,668
Fast Food Restaurant
1,000 sq. ft.
$21,554
Conv. Store with Gas Pumps
Fuel Pos.
$4,200
General Office
1,000 sq. ft.
$4,984
Medical Office
1,000 sq. ft.
$15,475
Industrial/Warehouse
1,000 sq. ft.
$1,011
Public/Institutional
1,000 sq. ft.
$2,509
* includes mobile home not in mobile home park
* * includes space in mobile home/RV park
(2) Public safety impact fee schedule effective October 21, 2024.
Single -Family Detached* Dwelling $524
Multi -Family** Dwelling $421
Commercial 1,000 sq. ft. $1,362
Office 1,000 sq. ft. $786
Industrial/Warehouse 1,000 sq. ft. $123
Public/Institutional 1,000 sq. ft. $380
* includes mobile home not in mobile home park
* * includes space in mobile home/RV park
(3) Park impact fee schedule effective October 21, 2024.
Single -Family Detached* Dwelling $825
Multi -Family** Dwelling $684
includes mobile home not in mobile home park
** includes space in mobile home/RV park
(4) Park impact fee schedule effective October 21, 2025.
Single -Family Detached* Dwelling $880
Multi -Family** Dwelling $704
* includes mobile home not in mobile home park
* * includes space in mobile home/RV park
(B) The City Manager shall determine the appropriate land use type based on the following
definitions of the land use categories.
SINGLE-FAMILY DETACHED. A building containing only one dwelling unit, including
a mobile home not located in a mobile home park.
MULTI -FAMILY. A building containing two or more dwelling units. It includes duplexes,
apartments, residential condominiums, townhouses, and timeshares. The fee per dwelling
unit for this category also applies per space for new mobile home and recreational vehicle
parks.
MOBILE HOME/RV PARK. A parcel (or portion thereof) or abutting parcels of land
designed, used or intended to be used to accommodate two or more occupied mobile homes
or recreational vehicles (RVs), with necessary utilities, vehicular pathways, and mobile
home/RV pads or spaces.
COMMERCIAL. An integrated group of commercial establishments planned, developed,
owned or managed as a unit, or a free-standing retail or commercial use. A retail or
commercial use shall mean the use of a building or structure primarily for the sale to the
Page 6 of 16
309963320
OR BK 11052 PG 231 Page 7 of 16
public of goods or foods that have not been made, assembled or otherwise changed in ways
generally associated with manufacturing or basic food processing in the same building or
structure, or the provision of services not located within an office building. This category
includes but is not limited to all uses located in shopping centers and the following typical
types of free-standing uses: Amusement park, bank, book store, camera shop, car sales,
car wash, convenience store, department store, discount store, florist shop, gas station,
health or fitness club, hotel, Laundromat, laundry or dry cleaning, lawn and garden supply
store, marina, massage establishment, motel, movie theater, music store, newsstand,
racetrack, recreation facility (commercial), repair shop, restaurant, service station,
specialty retail shop, used merchandise store, variety store, and vehicle and equipment
rental.
GENERAL COMMERCIAL. Same as Commercial, except that it excludes Fast Food
Restaurant and Convenience Store with Gas Pumps.
FAST FOOD RESTAURANT. An establishment that sells meals prepared on site, and
provides drive-through or drive-in service.
CONVENIENCE STORE WITH GAS PUMPS. An establishment offering the sale of
motor fuels and convenience items to motorists.
OFFICE. A building exclusively containing establishments providing executive,
management, administrative, financial, medical or professional services, and which may
include ancillary services for office workers, such as a restaurant, coffee shop, newspaper
or candy stand, or childcare facilities. It may be the upper floors of a multi -story office
building, excluding ground floor retail uses. Typical uses include hospitals; offices for
medical services, real estate, insurance, property management, investment, employment,
travel, advertising, secretarial, data processing, telephone answering, telephone marketing,
music, radio and television recording and broadcasting studios; professional or consulting
services in the fields of law, architecture, design, engineering, accounting and similar
professions; interior decorating consulting services; and business offices of private
companies, utility companies, trade associations, unions and nonprofit organizations. This
category does not include an administrative office that is ancillary to a different primary
use of the site.
GENERAL OFFICE. Same as Office, except that it excludes Medical Office.
MEDICAL OFFICE. A building used exclusively for the examination and/or treatment of
patients on an outpatient basis (with no overnight stays by patients) by health professionals,
and which may include ancillary services for medical office workers or a medical
laboratory to the extent necessary to carry out diagnostic services for the patients.
INDUSTRIAL/WAREHOUSE. Any of the following:
Industrial - a facility primarily intended for the production or assembly of goods,
processing of foods, mining of raw materials, or similar activities. Typical uses
include factories, welding shops, wholesale bakeries, and water and wastewater
treatment plants.
Warehouse - an establishment primarily engaged in the display, storage and sale
of goods to other firms for resale, as well as activities involving significant
movement and storage of products or equipment. Typical uses include wholesale
distributors, storage warehouses, moving and storage firms, trucking and shipping
operations and major mail processing centers.
Mini -warehouse - an enclosed storage facility containing independent, fully
enclosed bays that are leased to persons for storage of their household goods or
personal property.
PUBLIC/INSTITUTIONAL. A governmental, quasi -public or institutional use, or a non-
profit recreational use, not located in a shopping center or separately listed in the impact
fee schedule. Typical uses include schools, colleges, day care centers, nursing homes,
Page 7of16
30996332vi
OR BK 11052 PG 232 Page 8 of 16
churches, prisons, city halls, courthouses, post offices, jails, libraries, fire stations,
museums, military bases, airports, bus stations, parks and playgrounds.
(C) The fee per residential unit or fee per non-residential square footage or fueling position
shall be multiplied by the feepayer's total number of units for residential property or total number
of square feet or number of fueling positions for non-residential property. The total will then be
multiplied by 1.05 to accommodate the general administrative charge of 5%. The resulting total is
the impact fees and administrative charge that shall be paid by the feepayer. The 5% general
administrative cost portion of the payment 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. The fees in this
section shall not exceed the limited imposed by Florida Statutes.
(D) 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. No refunds will be given for proposed
development activity resulting in a negative fee calculation.
(E) In determining existing development activity and the units or square feet of proposed
or existing development, the City Manager or designee shall use the building permit and certificate
of use information contained in the building or zoning records of the city or other governmental
agencies.
§ 155.09. PAYMENT OF IMPACT FEES.
(A) Impact fees due may be paid using cash, money order, check, or credit card. If any
such payment is not promptly collectable, the city will void the approval of the applicable permit
and halt any further reliance on the permit until the fees are collected.
(B) Any applicable available development credits that are requested to be used prior to
payment shall be deducted from amount due for the transportation, park, or public safety impact
fees in accordance with the provisions of § 155.13.
§ 155.10 INDEPENDENT FEE COMPUTATION STUDY.
(A) The feepayer may elect, prior to paying the impact fees from the fee schedules, to
utilize an independent fee study prepared by a qualified professional for one or more of the
applicable fees. The feepayer shall provide the City Manager or his or her 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 in this section shall allow a building permit for
development activity to be issued without the payment of the applicable impact fees.
(B) If the feepayer elects to utilize an independent fee computation study, the feepayer
shall, at his or her own expense, prepare and present to the City Manager, a study that documents
the basis upon which the value of each of the components of the fee formula were determined. The
burden shall be upon the feepayer to provide the data, analysis, and reports necessary for the City
Manager or his or her designee to make a determination. The analysis and report must be based on
the same methodology set forth in the impact fee study.
(C) The City Manager or his or her designee shall determine whether the independent fee
computation study accomplishes the following:
(1) Adheres to the impact fee methodology used in the impact fee study;
(2) Ensure the inputs to the calculation reasonably reflect the long-term impacts
(20 years or more) of the development, rather than unique characteristics of the proposed
initial occupant or use;
(3) Provides complete, thorough, and accurate information; and
Page S of 16
309963320
OR BK 11052 PG 233 Page 9 of 16
(4) Is prepared by a qualified professional.
(D) Upon approval of the independent fee computation study by the City Manager or his
or her 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.
(E) Any appeal from a decision of the City Manager or his or her designee to reject an
independent fee computation study shall be filed within 30 days of the written determination with
the City Council.
§ 155.11 EXEMPTIONS.
The following shall be exempted from payment of the impact fees:
(1) Alteration or expansion of an existing residential dwelling unit or the construction of
accessory residential structures.
(2) The replacement of a building or structure with a new building or structure of the same
size and use provided that the structures or buildings existed on or after November 1990 and no
additional demands on transportation, park, or public safety facilities will be produced over and
above those produced by the original use of the land.
(3) The construction of publicly -owned governmental buildings.
§ 155.12 CRA WAIVERS.
The Community Redevelopment Authority (CRA) shall have the following authority to
waive or reduce transportation impact fees.
(1) The City Council hereby grants authority to the CRA Commission to waive or reduce
transportation impact fees on redevelopment projects of existing structures under 1,000 square feet
within the CRA District that the CRA Commission determines to further the goals of the CRA and
conforms to the CRA Master Plan.
(2) The City Council hereby grants authority to the CRA Commission to waive or reduce
transportation impact fees on new development projects of existing structures of 1,000 square feet
or more within the CRA District that meet the following criteria:
(a) Project furthers the goals of the CRA Master Plan;
(b) Project must be commercial property that is non -retail;
(c) The business must serve a public purpose by advancing the economic
prosperity and the general welfare of the people with consideration to the environment of
the city;
(d) The business activity provides specific benefits to the city, including, but not
limited to, increased ad valorem taxation, employment, education, and increased revenues
for existing utilities; and
(e) The business will provide gainful full-time employment to the citizens of the
city.
(3) The City Council hereby grants authority to the CRA Commission to waive or reduce
transportation impact fees on new construction projects within the CRA District that meet the
following specific minimum qualification criteria:
(a) Create a minimum of 15 full-time employees;
Page 9 of 16
30996332v1
OR BK 11052 PG 234 Page 10 of 16
(b) Has 10,000 square feet of enclosed permanent structure; and
(c) Provides an average annual income for full-time employee position that meets
the per -capita income for the Tampa MSA.
(4) All new developments within the CRA district shall be assessed transportation impact
fees unless specifically reduced or waived by the CRA Commission.
(5) Developers wishing to have transportation impact fees reduced or waived shall petition
the CRA before beginning construction. All petitions shall be submitted in writing and shall
describe the new development, state how the new development furthers the goals of the CRA and
state how the new development is consistent with the CRA Master Plan.
§ 155.13 DEVELOPMENT CREDITS.
(A) An applicant may obtain credit for up to 100 percent of transportation, park, or public
safety impact fees otherwise due or to become due by offering to dedicate land for, construct, or
make monetary contributions for Eligible Improvements included in the City's current Capital
Improvements Plan. If a person elects to and the City Manager approves construction of an
improvement other than that scheduled in the current year CIP, the person shall not receive credits
until the year the improvement is scheduled for construction by the appropriate governmental
entity. To receive a credit, applicants must file an impact fee credit application and provide
required information and documentation as required by this section or as determined necessary by
the City. Any claim to utilize credits must be made no later than the time of payment of the impact
fee. Credits may be assigned or transferred to another development project within the city limits,
provided, however, that the transfer to another property shall not be permitted until the
development for which the credit was initially established has been completely built out in
accordance with city development approvals.
(B) Transportation right-of-way dedication credits may be granted, at the discretion of
City Council, for major roadway system projects not in the current Capital Improvement Plan but
identified in the Pasco County Needs Plan for right-of-way, or in a City Council approved roadway
plan. However, such credits shall not be available for use until the year the right-of-way
acquisition phase is scheduled by the appropriate governmental entity.
(C) An offer to make capital improvements or dedicate land in lieu of paying impact fees
shall be made in an application filed with the City identifying the capital improvements and/or
land dedications for which credits are requested. The applicant shall specify the dollar amount of
the credit requested. The credit claimed by the applicant as the basis for the credit requested shall
be no more than fair market value as determined by the City. It is the obligation of the applicant
to submit documentation to the satisfaction of the City that supports the amount of the credit
requested and describes the basis on which the amount requested was calculated.
(D) If the City accepts such an offer, the credit shall be determined and provided in the
following manner.
(1) The City Manager shall determine credits for the dedication of land based on
the most recent market value of the land as determined by the Pasco County Property
Appraiser.
(2) The City Manager shall determine credits for the construction of capital
improvements from the certified engineering criteria and construction cost estimates
provided by the applicant and accepted by the City.
(3) Once the City Manager has made a credit determination, a written credit
agreement or development order shall be provided to the applicant. The applicant shall
sign and date the agreement and return the document to the City, which shall be binding
on both parties as to the terms and conditions of the credit upon the City Council's
approval.
Page 10 of 16
30996332v1
OR BK 11052 PG 235 Page 11 of 16
(4) Once the amount and terms of the credit are determined, credits for land
dedication will be provided following delivery of a fully executed deed or other appropriate
conveyance document, and acceptance of the dedication by the City Council. Credits for
construction will be made upon completion in compliance with all applicable local state
and federal design specifications, laws and regulations and acceptance by the City Council.
(5) Any person who offers land and/or improvements in exchange for credits may
withdraw the offer at any time prior to the transfer of legal title to the land or improvements
in question and pay the full impact fees required by this section.
(E) Any claim for credit pursuant to this section must be filed with the City Manager or
his or her designee prior to the final approval of the applicable building or development permit.
Any feepayer claiming such credits shall present documentation and any other evidence of a
donation of real property or a monetary contribution for capital equipment or facilities.
(F) Credits will expire if not used within ten (10) years after the receipt of the deed for
land dedication or the city's acceptance of the improvements constructed.
(G) If an impact fee is increased, the holder of any impact fee credits before the increase
is entitled to the full benefit of the intensity or density prepaid by the credit balance as of the date
it was first established.
(H) Credit shall be provided for any improvement or contribution, whether identified in a
development order, proportionate share agreement, or any form of exaction, related to public
facilities, including monetary contributions, land dedication, site planning and design, or
construction. Any such contribution shall be provided credit on a dollar -for dollar basis at fair
market value to reduce any impact fee collected for the general category or class of public facilities
or infrastructure for which the contribution was made.
§ 155.14 IMPACT FEE FUNDS.
(A) There are hereby established separate special revenue funds for transportation, park,
and public safety impact fees.
(B) Funds may be withdrawn from these special revenue funds for use solely in
accordance with the provisions of § 155.15, provided that the disbursal of such funds shall require
the approval of the City Council, after recommendation of the City Manager.
§ 155.15 APPROPRIATION OF IMPACT FEE FUNDS.
(A) In general, transportation, park, and public safety impact fees shall be appropriated
for Eligible Improvements applicable to the type of impact fee, for the payment of principal,
interest, and other financing costs on contracts, bonds, notes, or other obligations issued by or on
behalf of the city to finance such improvements, or for refunds of impact fees paid pursuant to §
155.16. Types of Eligible Improvements for the transportation, parks, and public safety impact
fees are described in the following three subsections.
(B) Transportation impact fee funds may be expended for, but are not limited to, the
following types of Eligible Improvements, including joint participation in projects with the Florida
Department of Transportation and/or Pasco County:
(1) Design, permits, route studies, and construction plan preparation;
(2) Right-of-way acquisition and related costs;
(3) Construction of through lanes;
(4) Construction of turn lanes and other intersection improvements;
(5) Construction of bridges;
Page 11 of 16
30996332v]
OR BK 11052 PG 236 Page 12 of 16
(6) Construction of drainage facilities and mitigation areas in conjunction with
roadway construction;
(7) Design, purchase and installation of traffic signalization;
(8) Construction of roads, curbs, medians and shoulders;
(9) Relocating utilities to accommodate roadway construction;
(10) Any other improvements or amenities typically associated with the
construction of transportation facilities, including sidewalks and multi -use paths.
(C) Park impact fee funds may be expended for, but are not limited to, the following types
of Eligible Improvements:
(1) Planning, design, and construction plan preparation for park improvements;
(2) Permitting and fees;
(3) Park land acquisition, including any costs of acquisition or condemnation;
(4) Relocation of utilities required by the construction of improvements and
additions to park facilities;
(5) Landscaping and site preparation, including demucking, filling to flood criteria
and compaction;
(6) Construction management and inspection;
(7) Surveying, soils and materials testing and removal of hazardous and solid
waste materials;
(8) Acquisition of capital equipment for park services; and
(9) Installation of recreational amenities and other improvements associated with
parks and recreation facilities development or expansion.
(10) Purchase of vehicles or other capital equipment for park services.
(D) Public safety impact fee funds may be expended for, but are not limited to, the
following types of Eligible Improvements:
(1) Planning, design, and construction plan preparation;
(2) Permitting and fees;
(3) Land and materials acquisition, including any costs of acquisition or
condemnation;
(4) Relocation of utilities required by the construction of improvements and
additions to public safety facilities;
(5) Design and construction of new drainage facilities required by the construction
of improvements and additions to public safety facilities;
(6) Landscaping and site preparation, including demucking, filling to flood criteria
and compaction;
(7) Construction management and inspection;
Page 12 of 16
30996332v1
OR BK 11052 PG 237 Page 13 of 16
(8) Surveying, soils and materials testing and removal of hazardous and solid
waste materials;
(9) Acquisition of capital equipment for public safety services;
(10) Purchase of land for additional public safety service buildings and support
facilities needed to accommodate new growth; and
(11) Purchase of vehicles or other capital equipment for public safety services.
(E) To reiterate from its definition, Eligible Improvements do not include site -related
transportation improvements or the operation, maintenance, repair, or replacement of existing
improvements. However, the definition also provides that replacement of an existing improvement
or facility with a new improvement or facility of greater capacity shall be partially eligible based
on the increase in capacity. This means that impact fee funds shall not be used for acquisition of
new vehicles or equipment that simply replace existing vehicles or equipment, but instead increase
the fleet of vehicles or stock of equipment currently in active use. An increase in capacity of
replacement facilities or capital equipment can be quantified in different ways, such as the increase
in square footage of a replacement police station, the increase in surface area of a replacement
swimming pool, or the increase in cost of a replacement communication device with enhanced
capabilities over the cost to replace the existing device.
§ 155.16 REFUNDS BY THE CITY.
(A) Upon request, the impact fees collected pursuant to this chapter shall be returned to
the present owner if the fees have not been spent or encumbered within eight (8) years from the
date they were collected. Refunds shall be made in accordance with the following procedure:
(1) The present owner of the property for which an impact fee was paid must
petition the City Council for the refund within one year following the end of the eighth
year from the date on which the fee was paid.
(2) The petition must be submitted to the City Manager and must contain:
(a) A notarized sworn statement that the petitioner is the current owner of
the property;
(b) The original dated receipt issued for payment of the fee or other
evidence of payment acceptable to the City Manager.
(c) A certified copy of the latest recorded deed; and
(d) A copy of the most recent ad valorem tax bill.
(3) Within 90 days from the date of receipt of a petition for refund, the City
Manager will advise the petitioner and the City Council of the status of the fee requested
for refund. For the purposes of this section, fees collected shall be deemed to be spent on
the basis of the first fee in shall be the first fee out. In other words, the first money placed
in a special revenue fund shall be the first money taken out of that account when
withdrawals have been made.
(4) When the money requested for refund is still in a special revenue fund and has not
been expended by the end of eight years from the date the fees were paid, pursuant to this section,
the unexpended fees shall be refunded with interest at a rate equal to the eight year average annual
rate earned by the city in the Local Government Surplus Funds Trust Fund administered by the
Florida State Board of Administration. Interest on the unexpended amount remaining in the special
revenue fund shall be calculated from the date the fees were collected to the end of the eight year
period.
(B) The fees collected pursuant to this chapter shall be returned to the present owner if
the permitted development activity is canceled due to non -commencement of construction before
Page 13 of 16
30996332v1
OR BK 11052 PG 238 Page 14 of 16
the funds have been encumbered and expended pursuant to the terms of this chapter. For purposes
of this section, non -commencement means either notice to the city of intent not to commence
development or the date of expiration or revocation of a building permit. Refunds shall be made
in accordance with division (A) of this section, provided that the present owner petitions the City
Council for the refund within 90 days from the date of non -commencement. However, an
administrative process fee of $500 or 15% of the applicable impact fee, whichever is less, shall be
retained by the city.
(C) If no claim is made within the time period prescribed by this section for the money
eligible for refund, then said money shall be returned to the appropriate trust fund 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.
§ 155.17 APPEALS.
(A) A person who is required to pay an impact fee pursuant to this chapter shall have the
right to request an appeal hearing before the City Council.
(B) Such appeal hearing shall be limited to the following:
(1) the City Manager's determination on the appropriate land use category for
the proposed use pursuant to § 155.08(B);
(2) the City Manager's determination on the applicability of an exemption for
the proposed use pursuant to § 155.11;
(3) the City Manager's denial of a credit application pursuant to § 155.13; or
(4) the City Manager's denial of an application for a refund pursuant to § 155.16
(C) Except as otherwise provided in this chapter, a person shall request such appeal
hearing within 30 days of the denial of an exemption or credit, whichever is applicable.
(D) Failure to request an appeal hearing within the time provided shall be deemed a
waiver of such right.
(E) The request for an appeal hearing shall be filed with the Council through the City
Manager. The request shall contain the following:
(1) The name and address of the applicant or successor in interest;
(2) The legal description of the property in question;
(3) A statement of the reasons why the hearing is requested and supported by
documentation and exhibits with regard to the basis for the appeal; and
(4) A filing fee of $250 or as amended by resolution by City Council from time
to time.
(F) Upon receipt of such request, the City Manager shall schedule an appeal hearing as a
department matter before the Council at a regularly scheduled meeting or a special meeting called
for the purpose of conducting such hearing and shall provide the person written notice of the time
and place of the hearing. The appeal hearing shall be held within 60 days of the date that the request
for such hearing was properly filed.
(G) Such hearing shall be conducted in a manner designed to obtain all information. and
evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not
be applicable; however, the appeal hearing shall be conducted in a fair and impartial manner with
Page 1.4 of 16
309963320
OR BK 11052 PG 239 Page 15 of 16
each interested party having an opportunity to be heard and to present information and evidence.
The Council shall make known its determination at the end of the hearing.
§ 155.18 CITY ENFORCEMENT.
The City Manager is specifically authorized to take any and all steps and'aetions that are
legally available to the city, including any court proceedings as are authorized°by law, against any
person who fails, neglects or refuses to pay a transportation, park, or public safety impact fee as
required by this chapter. The city shall also be entitled to file a lien upon the real property, and
may enforce same in the manner as action for foreclosure. In any action to foreclose a lien pursuant
to this chapter the city shall, in addition to damages, be entitled to reasonable attorney fees. This
provision shall apply retroactively as well as prospectively. Knowingly furnishing false
information to the City Manager or other official in charge of the administration of this chapter on
any matter relating to the administration of this chapter shall constitute a violation of this chapter.
Any violation of this chapter is subject to the provisions of Ordinance No. 782-01, and shall be
considered a Class VI violation. Each act in violation of this chapter shall be considered a separate
violation for the purpose of assessing penalties. Payment of any penalties imposed shall not release
a person or entity from payment of any impact fee due but shall be in addition to the impact fee.
A violation of this chapter shall be punishable according to law; however, in addition to or in lieu
of any criminal prosecution, the city shall have the power to sue in civil court to enforce the
provisions of this chapter.
Section 4. Repealer.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 5. 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 is held invalid, the
remainder of the ordinance shall be construed as not having continued the said section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
Section 6. Inclusion into the Code.
It is the intent of the City Council that the provisions of this Ordinance shall become and
be made a part of the City of Zephyrhills code, and that the sections of this Ordinance may be
renumbered or re -lettered and the word "ordinance" may be changed to "section," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
Section 7. Effective Date.
This Ordinance shall become effective 90 days after the passage on the second reading and
signing by the Mayor.
The foregoing?,Ordinance No. 1481-24 was read and passed on the first reading in an open and
regulaf ,a City Council of the City of Zephy,ls, Florida, on this 81h day o #July 2024.
Attest:
E: Hillman, City Clerk, MMC eth M. Burgess, Jr.
ouncil President
Page 15 of 16
30996332v1
OR BK 11052 PG 240 Page 16 of 16
The fg4,oing Ordinance No. 1481-24 was read and passed on the second reading, following a
public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida, orris nd day of July 2024.
PIP
Attest:
L; �I,L. Hillman, eity Clerk, MMC K eth M. Burgess, Jr.
' Council President
�Q
The foreOct%an�e No: 1481-24 was approved by me this 22"d day of July 2024.
6
i
Mel nie Bahr Monson, Mayor
Approved as to legal form and content
for the reliance of the City of Zephyrhills only:
Matthew E. Maggard, Esq.
City Attorney
Page 16 of 16
30996332v1