HomeMy WebLinkAbout4145 Impact Fees
ORDINANCE NO. 2008-4145
An ordinance of the City of Sanford, Florida amending the City Code
of the City of Sanford by revising Article V of Chapter 98 of the City
Code of the City of Sanford, relating to impact fees (police public
safety facilities impact fees, recreation facilities impact fees, and fire
public safety facilities impact fees) in terms of making textual,
editorial and administrative changes without affecting the rates
established at the time of imposition; providing for legislative
findings and intent; providing for definitions; providing authority for
the City Manager to implement Ordinance and for the adoption of
administrative rules; providing for the repeal of Section 98-146, City
Code of the City of Sanford; providing for conflicts; providing for a
savings provision; providing for codification in the City Code of the
City of Sanford and instructions to the Code codifier relative to
codification activities; providing for severability; and providing for
an effective date.
Whereas, subsequent to the enactment Ordinance Number 4012, known as the
"City of Sanford Unified Impact Fees Ordinance" and codified at Article V of Chapter 98
of the City Code of the City of Sanford, administration of the codal provisions resulted in
the conclusion that certain clarifications and editorial changes were required; and
Whereas, the legislative findings and intent relating to said Ordinance Number
4012 (Article V of Chapter 98 of the City Code of the City of Sanford) are hereby ratified
and affirmed except that the inappropriate reference to the word "residential" and the
word "land" before the word "use" are corrected and deleted; and
Whereas, the actions taken by the City of Sanford pursuant to this Ordinance do
not invoke the provisions of Section 163.31801, Florida Statutes, known as the "Florida
Impact Fee Acf' in that this Ordinance does not impose a new or amended impact fee
and merely relates to textual, editorial and administrative matters and does not change
the rates established at the time that the impact fees were imposed; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of the City
of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of
Florida; Chapter 166, Florida Statutes; and other applicable controlling law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the
City staff report and City Commission agenda memorandum relating this Ordinance.
(b). The City of Sanford has complied with all requirements and procedures of
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Florida law in processing and advertising this Ordinance.
(c). Although not a land development regulation, this Ordinance is consistent
with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford.
Section 2. Revisions to Chapter 98, Article V. The following sections of
Chapter 98, Article V, City Code of the City of Sanford, are amended to read as follows:
ARTICLE V. UNIFIED IMPACT FEES ORDINANCE
Sec. 98-132. Legislative findings and intent/authority.
(a) The above recitals set forth in the whereas clauses to this article and the provisions
of this section are hereby adopted by the mayor and city commission of the city as the
legislative findings and intent for this article.
(b) This article is enacted under the authority of the mayor and the city commission as
set forth in the constitutional home rule powers of the City of Sanford as set forth at
Article VIII, Section 2(b), Constitution of the State of Florida; F.S. 9 166.021; F.S. 9
163.3201; F.S. 9 163.3202; the City Charter of the City of Sanford; and other applicable
law and their successor provisions.
(c) The mayor and commission hereby find and conclude that the provisions of this
article are consistent with the objectives, goals and policies of the City of Sanford
Comprehensive Plan.
(d) It is the intent of this article to further regulate the development of land to ensure that
new development bears its proportionate and fair share of the costs of capital
expenditures made by the city to provide public capital facilities in the city as shall from
time-to-time be deemed as necessary by the mayor and city commission.
(e) The provisions of the former impact fees Ordinances of the City of Sanford, Florida,
are adopted herein as legislative findings notwithstanding their repeal.
Sec. 98-134. Definitions.
When used in this article, the definitions set forth in section 182-42, section 182-62, and
section 182-82 of the Code of Ordinances of the City of Sanford, Florida shall apply;
provided, however, that the following additional terms shall have the following meanings
in this article, unless the context otherwise clearly requires; and provided, further,
however, that a ''two-family dwelling" shall be treated as a single family detached
residential use:
(a) Alternative police public safety facilities impact fees, recreation facilities impact fees,
and fire public safety facilities impact fees means an alternative police public safety
facilities impact fees, recreation facilities impact fees, and fire public safety facilities
impact fees calculated by or on behalf of an applicant or owner and approved by the city
manager in accordance with the provisions of this article.
(b) Applicant means the person who applies for a building permit and the obligations of
the applicant may be synonymous with the obligations of the owner under the provisions
of this article.
(c) Building permit means the official document or official certification issued by the city
under the authority of applicable codes, ordinances or Jaw, authorizing the construction
or sitting of a building, or any portion thereof, to include, but not be limited to, the
construction, alteration, enlargement, conversion, reconstruction, remodeling,
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rehabilitation, erection, demolition, moving or repair of a building a tie-down permit for a
building, such as a mobile home or recreational vehicle, that does not require a building
permit in order to be occupied. The terms specifically includes certificates of occupancy
and any other type of use, occupancy or change of use permit issued by the city by any
other name under the authority of which a building is occupied or used or a change of
use is permitted.
(d) City means the City of Sanford.
(e) City attorney means the person appointed by the mayor and city commission to
serve as its legal counsel, or the designee of such person.
(f) City manager means the person appointed by the mayor and city commission to
serve as its city manager, or the designee of such person.
(g) Comprehensive plan means the Comprehensive Plan of the City of Sanford adopted
and amended pursuant to the Local Government Comprehensive Planning and Land
Development Regulation Act, as contained in F.S. ch. 163, pt. II, as amended and
supplemented, or its successor in function.
(h) CPI means the Consumer Price Index for All Urban Consumers (CPI-U) as
published from time to time by the U. S. Department of Labor, Bureau of Labor
Statistics.
(i) Encumbered means, by way of example and not limitation, moneys committed by
contract or purchase order in a manner that obligates the city to expend the
encumbered amount at a closing, upon delivery of goods, the Tendering of services, the
provision of construction services or the conveyance of real property by a vendor,
supplier, contractor or owner.
U) Facilities (sometimes referred to herein as police public safety facilities, recreation
facilities, andlor fire public safety facilities) means mini parks; neighborhood parks;
community parks; parks of other types; recreational equipment; design and construction
plan preparation; development permitting and development fees including, but not
limited to, environmental permitting fees; land acquisition including, but not limited to,
any and all costs of acquisition; construction and design of ancillary facilities or
improvements and additions thereto; construction and design of drainage facilities or
improvements or additions thereto; relocation of utilities or additions thereto;
construction management and inspection; surveying activities; soils and material
testing; bleachers; furniture; equipment; recreational equipment; repayment of moneys
borrowed subsequent to the effective date of this article from any budgetary fund of the
city which were used to fund growth necessitated by the police public safety facilities,
recreation facilities, and fire public safety facilities and additions to the police public
safety facilities, recreation facilities, and fire public safety facilities; and payment of
principal and interest, necessary reserves and costs of issuance under any bonds or
other indebtedness issued by the city to fund growth necessitated improvements and
additions to the police public safety facilities, recreation facilities, and fire public safety
facilities subsequent to the effective date of this article; any and all accessory structures
or facilities relating to the above; and any and all other facilities of whatsoever type or
nature in addition to all other facilities and authorized expenditures set forth in this
article.
(k) Fee payer means a person commencing a land development activity by applying for
the issuance of a building permit.
(I) Impact fees statement means the document, valid for up to 60 days, issued to an
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applicant or owner prior to the issuance of a building permit containing the calculation of
the impact fees imposed pursuant to this article.
(m) Independent impact fees calculation study means the impact documentation
prepared by, or on behalf of, a fee payer to potentially allow the determination of impact
fees other than by the use of the table in this article after review and evaluation by the
city.
(n) Owner means the person holding legal title to the real property relating to which a
building permit is issued, or is to be issued, who may have duties parallel with an
applicant, but who is the ultimate obligee as to the payment of police public safety
facilities impact fees, fire public safety facilities impact fees and recreation facilities
impact fees as imposed by this article.
(0) Study means the study incorporated pursuant to subsection 98-133(a) of this article
as the study may be amended and supplemented pursuant to this article.
(p) Trust account means the separate trust account of the city created pursuant this
article.
(q) Uses are defined as follows:
(1) Residential means and includes single-family, multi-family, mobile home and
any similar residential development.
(2) Commercial means and includes the following Building Code classifications:
assembly, business, educational, institutional, mercantile, day care and any
similar commercial development.
(3) IndustriallWarehouse means and includes the following Building Code
classifications: factory and industrial, high hazard, storage, utility and
miscellaneous and any similar industrial development.
Sec. 98-135. Imposition of police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees fees/rates.
(a) Any person who, after the effective date of this article, seeks to develop real property
located in the city for by applying for a building permit or any development order or
permit allowing the use of real property without the need for a building permit to make
an improvement to land which shall generate the need for police public safety facilities,
recreation facilities, or fire public safety facilities shall pay police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities impact fees
in the manner and amount set forth in this article.
(b) Police public safety facilities impact fees, recreation facilities impact fees, and fire
public safety facilities impact fees may be prepaid for any legally existing parcel of real
property. Prepaid police public safety facilities impact fees, recreation facilities impact
fees, and fire public safety facilities impact fees shall run with the land and are not
transferable from a parcel to another parcel. Prepaid police public safety facilities impact
fees, recreation facilities impact fees, and fire public safety facilities impact fees shall
vest the parcel only for the use for which the police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact fees are paid. No
refunds shall be made for any prepaid police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact fees except as
may otherwise be provided for in this article.
(c) Police public safety facilities impact fees, recreation facilities impact fees, and fire
publiC safety facilities impact fees shall be imposed and collected by the city at the rates
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established in the tables attached as the Exhibit to this article which shall be amended
from time-to-time by the City Manager to reflect the administrative adjustment as set
forth in subsection 98-135(d). The police public safety facilities impact fees, fire public
safety facilities impact fees, and the recreation facilities impact fees shall be applied in
accordance with the definitions of uses set forth in this Ordinance. Any combination of
development classification shall be calculated separately by each development
classification and then added together for determination of a total fee.
(d) The rates set forth in subsections 98-135(c) shall be administratively adjusted on
an annual basis commencing 12 months from the first day of the first month after the
effective date of this article and on the same day of each year thereafter. The indexing
fate shall be the annually adjusted CPI and that amount shall be added to the prior
established rates.
(e) The city manager is hereby delegated full and plenary authority to implement and
administer the provisions of this article, or delegate same to a delegatee, except for
matters withheld for action by the mayor and city commission under the provisions of
controlling law.
(f) The mayor and the city commission may adjust the police public safety fees, fire
public safety fees, and parks and recreation impact fees imposed pursuant to this article
by means of the adoption of a report or a study pursuant to section 98-133(b) of this
article and the imposition of police public safety facilities impact fees, recreation facilities
impact fees, and fire public safety facilities impact fees relating to additional police
public safety facilities impact fees, recreation facilities impact fees, and fire public safety
facilities impact fees which are the subject of the subsequently adopted report( s) or
study(ies).
Sec. 98-138. Alternative police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees calculation.
(a) In the event an applicant or owner believes that the impact to the city's police public
safety facilities, recreation facilities, and fire public safety facilities necessitated by
itslherlhis development is less than the police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact fees established
in section 98-135, such applicant or owner may, prior to issuance of a building permit for
such development, submit a calculation of an alternative police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities impact fees
assessment.
(b) The alternative police public safety facilities impact fees, recreation facilities impact
fees, and fire public safety facilities impact fees calculation shall be calculated for the
use type determined by the city and shall be based on data, information or assumptions
contained in this article and the study, or an approved independent source; provided,
however, that:
(1) The independent source must be a generally accepted standard source of
demographic and public facilities planning; or
(2) The independent source must be a local study supported by a database adequate
for the conclusion contained in such study and is performed pursuant to a generally
accepted methodology of government facilities planning.
(c) If a previous development project has submitted a local study consistent with the
criteria required in this section, and if such study is determined to be reliable and current
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by the city manager, the impact upon the city's need for police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities impact fees
as described in such prior local study shall be rebuttably presumed to exist for other
similar development. In such circumstances, the alternative police public safety facilities
impact fees or recreation facilities impact fees or fire public safety facilities impact fees
shall be established to reflect the impact upon the city's police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities impact fees
as described in the prior local study. There shall be a rebuttable presumption that a
study conducted more than two years earlier is invalid.
(d) For purposes of any alternative police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees calculation, the
development shall be presumed to have the maximum impact on the police public
safety facilities impact fees, recreation facilities impact fees, and fire public safety
facilities impact fees based upon allowable densities.
(e) The proposed amount of police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees and the data and
analysis supporting that amount shall be submitted to the city manager who shall
transmit a copy of it to the city attorney for his or her review and recommendation.
Within 15 calendar days, the city attorney shall provide his or her written
recommendation to the city manager as to whether such proposed alternative police
public safety facilities impact fees, recreation facilities impact fees, and fire public safety
facilities impact fees comply with this section and should be recognized.
(f) Within 15 calendar days of receiving the city attorney's recommendation, the city
manager shall review the alternative police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees calculation and
supporting data and analysis and make a determination as to whether such calculation
complies with the requirements of this section and should be recognized.
(g) If the city manager determines that the data, analysis, information and assumptions
utilized by the applicant or owner to calculate the police public safety facilities impact
fees, recreation facilities impact fees, or fire public safety facilities impact fees comply
with the requirements of this section and that the calculation of the police public safety
facilities impact fees, recreation facilities impact fees, or fire public safety facilities
impact fees was accomplished by using a generally accepted methodology, then the
alternative police public safety facilities impact fees, recreation facilities impact fees, or
fire public safety facilities impact fees shall be paid in lieu of the police public safety
facilities impact fees, recreation facilities impact fees, or fire public safety facilities
impact fees provided in section 98-135 of this article. The applicant or owner shall
present the written determination of the city manager approving the police public safety
facilities impact fees, recreation facilities impact fees, or fire public safety facilities
impact fees at the time of payment of the police public safety facilities impact fees,
recreation facilities impact fees, or fire public safety facilities impact fees.
(h) If the city manager determines that the data, analysis, information and assumptions
utilized by the applicant or owner to calculate the alternative police public safety
facilities impact fees, recreation facilities impact fees, or fire public safety facilities
impact fees do not comply with the requirements of this section or that the calculation of
the alternative police public safety facilities impact fees, recreation facilities impact fees,
or fire public safety facilities impact fees was not accomplished by a generally accepted
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methodology, then the alternative police public safety facilities impact fees, recreation
facilities impact fees, or fire public safety facilities impact fees calculation shall be
rejected. Such rejection shall be set forth in writing setting forth the reasons therefore as
findings of fact and conclusions of law and shall be provided to the applicant and ownef
by certified mail. The applicant and owner shall have 15 calendar days from the receipt
of written notification of rejection to request a review hearing pursuant to this article.
Sec. 98-140. Application for credits and processes.
(a) All mandatory or required land dedications and/or improvements to police public
safety facilities, recreation facilities, and fire public safety facilities made by a feepayer
subsequent to the effective date of this article shall be eligible to be credited on a pro
rata basis against police public safety facilities, recreation facilities, and fire public safety
facilities otherwise due or to become due for the development that prompted the city to
require such dedication(s) or improvement(s) to police public safety facilities, recreation
facilities, and fire public safety facilities.
(b) A feepayer may obtain credit against all or a portion of police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities impact fees
otherwise due or to become due by offering to dedicate or provide needed recreational
equipment, landlsites and/or construction needed for police public safety facilities,
recreation facilities, and fire public safety facilities. The offer must specifically request or
provide for a police public safety facilities impact fees or recreation facilities impact fees
or fire public safety facilities impact fees credit. Construction must be in accordance with
applicable design standards as approved by the city. If the city accepts such an offer,
whether the acceptance is before or after the effective date of this article, the credit shall
be detefmined and provided in one of the manners set forth in this section as
detefmined by the city manager:
(c) Credit for the dedication of land shall be valued at:
(1 ) 115 percent of the most recent assessed value of the Seminole County Pfoperty
Appraiser; or
(2) By such other appropriate method as the city may approve; or
(3) By fair market value established by private appraisers acceptable to the city.
(d) Credit for the dedication of real property shall only be awarded when the real
property has been accepted by the city and has been conveyed with no charges or
expenses resulting to the city in a manner and form satisfactory to the city.
(e) Applicants for credit for the dedication of real property shall submit, at a minimum,
with such application:
(1 ) A legal description of the real property to be donated;
(2) A written appraisal of such real property prepared by a real estate appraiser
approved by the city; and
(3) Proof of ownership of the subject land by means of a title insurance commitment Of
such other proof acceptable to the city attorney.
(f) Applicants for credit for construction of police public safety facilities impact fees,
recfeation facilities impact fees, and fire public safety facilities impact fees
improvements shall submit acceptable engineering drawings and specifications and
construction cost estimates to the city. The city manager shall determine credits for
police public safety facilities impact fees, recreation facilities impact fees, and fire public
safety facilities impact fees based upon either these cost estimates or upon alternative
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engineering criteria and construction cost estimates if the city determines that such
estimates submitted by the applicant are eithef unreliable Of inaccurate.
(9) Credit may be provided before completion of specified facility improvements if
adequate binding written assurances are given by the applicant and owner that the
standards of this section will be met and if the feepayer posts security as required in this
article for the costs of such construction. Security shall be in the form of a performance
bond, irrevocable letter of credit or escrow agreement and shall be posted with and
approved by the city in an amount determined by the city. If the construction will not be
constructed within one year of the acceptance of the offer by the city, the amount of the
security may be increased in an amount as determined by the city, consistent with its
policies and procedures as implemented by the city manager.
(h) Applications for credit on the basis of the donation of recreational equipment shall
include, at a minimum, acceptable receipts or other proofs of payment to the city. The
city manager shall determine cfedits for police public safety facilities, recreation
facilities, and fire public safety facilities based upon documentation reviewed and found
reliable by the city manager.
(i) The decision of the city manager as to whether to accept the proposal shall be in
writing and issued within 60 calendar from the date of receipt of the application. A
certified copy shall be provided to the applicant and owner.
U) Upon approval of a proposal, the city manager shall determine the amount of the
credit based upon the value of the contribution and shall approve a timetable for
completion of the plan or transfer of land or other property. The city manager shall
provide the applicant or owner with a letter or certificate setting forth the dollar amount
of the credit, the reason for the credit, and the legal description or other adequate
description of the project or development to which the credit may be applied. The
applicant and owner must execute and date a duplicate copy of such letter or certificate
indicating its/his/her agreement to the terms of the letter or certificate and return such
signed document to the city manager before credit will be given. The failure of the
applicant and owner to execute, date and return such document within 30 days shall
nullify the credit. After determination by the city manager of the amount of credit and the
timetable for completion or transfer, the applicant or owner shall have the opportunity to
withdraw the proposed plan.
(k) Credit against police public safety facilities impact fees, recreation facilities impact
fees, and fife public safety facilities impact fees otherwise due based upon construction
will not be provided unti I:
(1 ) The construction is completed and accepted by the city;
(2) A suitable maintenance and warranty bond is received and approved by the city
when applicable in such form and upon such institution as may be acceptable to the city
manager; and
(3) All design, construction, inspection, testing, bonding and acceptance procedures
are in strict compliance with the then current requirements of the city.
(I) Credit against police public safety facilities impact fees, recreation facilities impact
fees, and fire public safety facilities impact fees otherwise due based upon the transfer
of real property or other property will not be provided until all title insurance, warranties
and other instruments of guaranty afe provided to the city.
(m) Any claim for credit must be made no later than the time of application for a
building permit. Any claim not so made is deemed irrevocably waived.
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(n) Credits shall not be transferable from a one project or development to another
project or development without the approval of the city manager; provided, however,
that credits shall not be transferable from a parcel of real property to another.
(0) Upon completion of construction and its approval and acceptance by the city
manager, any escrow of cash, performance bond or letter of credit held by the city
manager shall be returned to the applicant or owner and shall be deemed discharged
upon receipt of a maintenance bond or other guaranty acceptable to the city. All forms
relating to surety instruments shall be subject to approval by the city.
(p) In the event the amount of the credit exceeds the amount of police public safety
facilities impact fees, recreation facilities impact fees, or fire public safety facilities
impact fees due from the applicant or owner, the city may agree, but is not obligated, to
allow the use of the excess credit by the applicant or owner for future police public
safety facilities impact fees, recreation facilities impact fees, or fire public safety facilities
impact fees payments.
(q) A credit shall be given, when approved in accordance with this article, as a fixed
dollar deduction from the police public safety facilities impact fees, recreation facilities
impact fees or fire public safety facilities impact fees as the impact fees become due
and payable.
Sec. 98-141. Changes in size and use.
Police public safety facilities impact fees, recreation facilities impact fees, and fire public
safety facilities impact fees shall be calculated and imposed for the alteration,
expansion or replacement of a structure or the construction of an accessory building if
the alteration, expansion or replacement of the structure or the construction of an
accessory building is determined to change or increase the use of development. The
police public safety facilities impact fees, recreation facilities impact fees, and fire public
safety facilities impact fees imposed shall be the police public safety facilities impact
fees, recreation facilities impact fees, and fire public safety facilities impact fees
imposed under this article for the structure or accessory building after construction,
alteration, expansion or replacement, less the police public safety facilities impact fees,
recreation facilities impact fees, or fire public safety facilities impact fees that would
have been imposed for the use prior to such alteration, expansion, replacement or
construction.
Sec. 98-143. Payment of police public safety facilities impact fees, fire public
safety facilities impact fees, and recreation facilities impact fees.
(a) Prior to the issuance of a building permit, a police public safety facilities impact
fees, recreation facilities impact fees, and fire public safety facilities impact fees
statement shall be issued to the applicant for that proposed development. Such police
public safety facilities impact fees, recreation facilities impact fees, and fire public safety
facilities impact fees statement shall set forth the tentative parks and recreation impact
fees due for the proposed residential development.
(b) Except as otherwise specifically provided in this article, prior to the issuance of a
building permit, an applicant shall pay the police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact fees as
established in section 98-135.
(c) In the event the city issues separate building permits for a structure or part of a
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structure within a development, which development by design contemplates phased
construction, the city and the applicant or owner may enter into a recordable agreement
for the phased payment of the police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees applicable to that
portion of the development represented by each phase; provided, however, that all
police public safety facilities impact fees, recreation facilities impact fees, and fife public
safety facilities impact fees due shall be paid in full prior to issuance of the final building
permit. In the event that no agreement is executed for such phased construction, the
police public safety facilities impact fees, recreation facilities impact fees, and fire public
safety facilities impact fees applicable to that portion of the development represented by
such structure shall be paid prior to the issuance of the building permit.
(d) Upon approval of the mayor and city commission, the city and the developer of an
affordable housing project may enter an agreement with the city on the basis of finding
public purpose which provides for the deferred payment of police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities impact fees
under this article that would otherwise be due and payable for a period of up to 180
days from the date that the city issues a building permit for the project. In no instance
shall such police public safety facilities impact fees, recreation facilities impact fees, and
fire public safety facilities impact fees be paid later than the issuance of the certificate of
occupancy for the development for which the building permit was issued. The
developer/applicanVowner shall pay the appropriate interest carrying costs resulting
from the deferral of the payment of such police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact fees.
(e) In the event the rate of the police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees for a particulaf
development is changed subsequent to the issuance of a police public safety facilities
impact fees, recreation facilities impact fees, or fire public safety facilities impact fees
statement, the police public safety facilities impact fees, recreation facilities impact fees,
and fire public safety facilities impact fees rate calculated in the issued police public
safety facilities impact fees, recreation facilities impact fees, or fire public safety facilities
impact fees statement or payment provisions set forth therein shall be the police public
safety facilities impact fees, recreation facilities impact fees, and fire public safety
facilities impact fees imposed for such development.
(f) In the event that the mayor and city commission determine that there is a valid
public purpose to allow deferral of the payment of police public safety facilities impact
fees, recreation facilities impact fees, and fife public safety facilities impact fees
required by this article such as, by way of example and not limitation, economic
development or job growth, the city and the developer may entef into an agreement that
provides for the deferred payment of police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact fees required
under this article that would otherwise be due and payable; provided, however, that the
maximum period of deferment shall be for a period of 180 days from the date that the
city issues a building permit for the project; provided, further, however, that in no event
shall the payment of police public safety facilities impact fees, recreation facilities impact
fees, and fire public safety facilities impact fees be paid later than the issuance of a
certificate of occupancy for the development for which the building permit was issued.
The developer/applicanVowner shall pay the appropriate interest carrying costs resulting
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from the deferral of such police public safety facilities impact fees, recreation facilities
impact fees, and fire public safety facilities impact fees.
(g) The payment of the police public safety facilities impact fees, recreation facilities
impact fees, and fire public safety facilities impact fees shall be in addition to any other
fees, charges or assessments due for the issuance of a building permit.
(h) The obligation for payment of the police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact fees shall run with
the land. However, this section shall not be construed to relieve an applicant or owner of
any responsibility or liability for payment of the police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact fees imposed by
this article.
Sec. 98-144. Collection of police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees when not paid by
mistake, inadvertence or by agreement.
(a) In the event the police public safety facilities impact fees, recreation facilities impact
fees, and fire public safety facilities impact fees are not paid at the issuance of a
building permit for the affected development, because of mistake or inadvertence, the
city shall proceed to collect the police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees as set forth in this
section.
(b) If a building permit has previously been issued, the city shall serve, by certified
mail, return receipt requested, or hand delivery, a "Police Public Safety Facilities Impact
Fees, Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees
Statement Notice" upon the applicant at the address set forth in the application for a
building permit, and the owner at the address appearing on the most recent records
maintained by the Seminole County Property Appraiser. The city shall also file a copy of
the police public safety facilities impact fees, recreation facilities impact fees, or fire
public safety facilities impact fees statement notice in the official records (land records)
of Seminole County. Service of the police public safety facilities impact fees, recreation
facilities impact fees, or fire public safety facilities impact fees statement notice shall be
deemed notice of the police public safety facilities impact fees, recreation facilities
impact fees, and fire public safety facilities impact fees due and service shall be
deemed effective on the date the return receipt indicates the police public safety
facilities impact fees, recreation facilities impact fees, or fire public safety facilities
impact fees statement notice was received by either the applicant or the owner, or the
date said police public safety facilities impact fees, recreation facilities impact fees, or
fire public safety facilities impact fees statement notice was hand delivered to either the
applicant or owner, whichever occurs first; provided, however, that should none of these
methods of service be successful, service shall be deemed effective on the date the
copy of the police public safety facilities impact fees, fire public safety facilities impacts
fees, and recreation facilities impact fees statement notice was filed in the official
records of Seminole County. The police public safety facilities impact fees, recreation
facilities impact fees, or fire public safety facilities impact fees statement notice shall
contain the legal description of the property and shall, at a minimum, advise the
applicant and the owner as follows:
(1) The amount due and the general purpose for which the police public safety facilities
Ordinance No. 4145
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impact fees, recreation facilities impact fees, and fire public safety facilities impact fees
were imposed;
(2) That administrative review pursuant to this article may be requested no later than
15 calendar days from the date of receipt of the police public safety facilities impact
fees, recreation facilities impact fees, or fire public safety facilities impact fees statement
notice, by making application to the city manager;
(3) That the city shall file a release of the police public safety facilities impact fees,
recreation facilities impact fees, or fire public safety facilities impact fees statement
notice in the official records of Seminole County upon collection of payment in full;
(4) That the police public safety facilities impact fees, recreation facilities impact fees,
and fire public safety facilities impact fees shall be delinquent if not paid and received by
the city within 15 calendar days of the date the police public safety facilities impact fees,
recreation facilities impact fees, or fire public safety facilities impact fees statement
notice is received, excluding the date of receipt or the applicant has not entered into a
binding recordable agreement with the city, that would run with the land, to pay the
police public safety facilities impact fees, recreation facilities impact fees, and fire public
safety facilities impact fees at the time of issuance of a building permit. Upon becoming
delinquent, such parks and recreation impact fees shall be subject to the imposition of a
delinquent fee and interest on the unpaid amount until paid; and
(5) That in the event the police public safety facilities impact fees, recreation facilities
impact fees, and fire public safety facilities impact fees becomes delinquent; a lien
against the property for which the building permit was secured shall be recorded in the
official records of Seminole County.
(c) The police public safety facilities impact fees, recreation facilities impact fees, and
fire public safety facilities impact fees shall be delinquent if, within 15 calendar days
from the date of the receipt of the police public safety facilities impact fees, recreation
facilities impact fees, or fire public safety facilities impact fees statement notice by either
the applicant or the owner, or the date said police public safety facilities impact fees,
recreation facilities impact fees, or fire public safety facilities impact fees statement
notice was filed in the official records the parks and recreation impact fees have not
been paid and received by the city, or the applicant or owner has not entered into a
binding, recordable agreement with the city that runs with the land, to pay the police
public safety facilities impact fees, recreation facilities impact fees, and fire public safety
facilities impact fees within ten calendar days of issuance of a building permit. Said time
periods shall be calculated on a calendar day basis, including Sundays and legal
holidays, but excluding the date of the earliest receipt of said police public safety
facilities impact fees, recreation facilities impact fees, or fire public safety facilities
impact fees statement notice. In the event the last day falls on a Sunday or legal
holiday, the due date shall be the next business day. Upon becoming delinquent, a
delinquency fee equal to ten percent of the total police public safety facilities impact
fees, recreation facilities impact fees, and fire public safety facilities impact fees
imposed shall be assessed. The delinquent police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact fees, plus the
delinquency fee, shall bear interest at the statutory rate for final judgments calculated in
accordance with law, until paid.
(d) Should the police public safety facilities impact fees, recreation facilities impact
fees, and fire public safety facilities impact fees become delinquent as set forth in this
Ordinance No. 4145
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article, the city shall serve, by certified mail return receipt requested, a "notice of lien"
upon the delinquent applicant if the building is under construction at the address
indicated in the application for the building permit, and upon the delinquent owner at the
address appearing on the most recent records maintained by the property appraiser of
Seminole County. The notice of lien shall notify the delinquent applicant and owner that
due to the failure to pay the police public safety facilities impact fees, recreation facilities
impact fees, and fire public safety facilities impact fees, the city shall file a claim of lien
with the clerk of the court.
(e) Upon mailing of the notice of lien, the city manager shall file a claim of lien with the
clerk of the court for recording in the official records of Seminole County. The claim of
lien shall contain the legal description of the property, the amount of the delinquent
parks and recreation impact fees and the date of its imposition. Once recorded, the
claim of lien shall constitute a lien against the property described therein. Upon direction
of the city manager, the city attorney shall proceed to collect, foreclose or otherwise
enforce the lien.
(f) After recording the claim of lien, a suit may be filed to foreclose said lien. The
foreclosure proceedings may be instituted, conducted and enforced in conformity with
the procedures for the foreclosure of municipal special assessment liens, as provided in
the Florida Statutes, which provisions are hereby incorporated in their entirety to the
same extent as if such provisions were set forth verbatim or by means of such other
method as may be available to the city under the provisions of Florida law.
(g) liens for delinquent police public safety facilities impact fees, recreation facilities
impact fees, and fire public safety facilities impact fees shall remain liens, coequal with
the liens of all state, county, district and municipal taxes, superior in dignity to all other
subsequently filed liens and claims, until payment is tendered to the city as provided
herein and a satisfaction of lien document is provided to the owner or applicant and
recorded in the official records (land records) of Seminole County.
(h) The collection and enforcement procedures set forth in this section shall be
cumulative with, supplemental to and in addition to, any applicable procedures provided
in any other ordinances or administrative regulations of the city or any applicable law or
administrative regulation of the State of Florida. Failure of the city to follow the
procedure set forth in this section shall not constitute a waiver of its rights to proceed
under any other ordinances or administrative regulations of the city or any applicable
law or administrative regulation of the State of Florida.
Sec. 98-145. Administrative review procedures/remedies available to
applicants/owners.
(a) An applicant or owner who is required to pay police public safety facilities impact
fees, recreation facilities impact fees, and fire public safety facilities impact fees
pursuant to this article shall have the right to request a special review by the city
manager.
(b) Such review shall be for the purpose of the city manager rendering a determination
concerning the application or calculation of the appropriate police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities impact fees
pursuant to this article.
(c) The city manager is authorized to establish rules of procedure and processes
relating to applications for such review
Ordinance No. 4145
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Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to include, but not be limited to, the adoption of administrative rules.
Section 4. Conflicts/Repealer.
(a). All ordinances or part of ordinances in conflict with this Ordinance are
hereby repealed.
(b). Section 98-146 of the City Code of the City of Sanford is hereby repealed.
Section 5. Savings. The prior actions of the City of Sanford in
implementation of Part V, Chapter 98 of the City Code of the City of Sanford and related
matters as well as the prior impact ordinances of the City are hereby ratified and
affirmed.
Section 6. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 7. Codification. This Ordinance shall be codified in the City Code of
the City of Sanford; provided, however, that Sections 4, 5, 6, 7, and 8 shall not be
codified. The Code Codifier is granted broad and liberal authority to change section
numbers in the current City Code and other appropriate actions as set forth in Section
1-10 of the City Code. The Code Codifier is directed to ensure the recitals adopted as
legislative intent and findings are appropriately codified. The Code Codifief is further
directed to incorporate the provisions of Article IV of Chapter 74 of the City Code as
appropriate.
Section 8. Effective Date. This Ordinance shall take effect immediately upon
passage and adoption.
Passed and adopted this 24th day of November, 2008.
City Commission of the City of
Sanford, Florida
Seminole County, Florida
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Linda K hn, Mayor
Ordinance No. 4145
Attest:
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Certificate
i, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a
true and correct copy of the foregoing Ordinance No. 4145, Passed and Adopted by the
City Commission of the City of Sanford, Florida, on the 24th day of November, 2008,
was posted at the front door of the City Hall in the City of Sanford, Florida, on the 2ih
day of November, 2008.
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Ordinance No. 4145
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Exhibit A
City of Sanford, FL
Muncipal Impact Fee Schedule
Development Classification
A. Residential [see Note (2)]
Fees Effective Through August 30, 2009 [1]
Police Fire Parks Total
Per Unit
$ 432.00
$ 420.00
$ 974.00
$1,826.00
B. Commercial [see Note (3)]
Police
Fire
Parks
Total
Per 1,000 Square Foot
$ 684.00
$ 396.00
N/A
$1,080.00
C. IndustrialIWarehouse [see Note (4)]
Police
Fire
Parks
Total
Per 1,000 Square Foot
$ 49.00
$ 41.00
N/A
$ 90.00
Footnotes:
[1] Amounts shown are to be administratively adjusted on an annual basis September 1 of each year for the
annual change in the U.S. Consumer Price Index (CPI) as published by the U.S. Bureau of Labor Statistics.
Muncipal impact fees shall be applied according to the type of development as set forth herein; any
combination of development classification (e.g. mixed residential and commercial) shall be calculated
separately by each development classification and then added for total fee determination.
[2] Residential includes single-family, multi-family, and mobile home development.
[3] Commercial includes the following building code classifications:
Assembly
Business
Educational
Institutional
Mercantile
Day Care
[4] IndustriallWarehouse includes the following building code classifications:
Factory and Industrial
High Hazard
Storage
Utility and Miscellaneous
muncipal impact Exhibit 10 28 08
12/2/2009