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HomeMy WebLinkAbout4173 Revising Impact Fees ORDINANCE NO. 2009-4173 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 relating to impact fees (as amended by Ordinance Number 4145) (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 conflicts; providing for a savings provision; providing for codification; providing for severability and providing for an effective date. 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 and the recitals and legislative findings and intent relating to Ordinance Number 4145. (b). The City of Sanford has complied with all requirements and procedures of 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, as amended by Ordinance Number 4145, are further amended to read as follows: ARTICLE V. UNIFIED IMPACT FEES ORDINANCE 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 City Code of the City of Sanford 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 ffiRQ use: (a) Alternative polioo publio safaty fasiliti06 impaot faOE, FOsFOation fasilitioE imf)3ot faoE, and fir{) pblblio Eafoty rooiliti06 impact fees means an alternative police public safety facilities impact fees, recreation facilities impact fees, and fire public safety facilities 1 CODING: Words striokon are deletions; words underlined are additions. 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 law, 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, 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) Comprehonsivo pbn moans tho Comprehonsivo Plan of tho City of Sanford adoptod and amondod pursuant to tho Local Govornmont Comprehonsivo Planning and Land DO'lolopmont Rogulation Act, as oontainod in F.S. oh. 163, pt. II, as amondod and supplomontod, or its suooessor in funotion. W 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) Enoumbmed moans, by ':Jay of examplo and not limitation, monoys oommittod by oontraot or purchaso ordor in a mannor that obligatos tho oity to oxpond tho enoumBorod amOI::lAt at a olosing, upon dolivery of goods, tho rendoring of sorvicos, tho pre':ision of oonstruotion sorvicos or tho convoyanoo of roal proporty by a yondor, supf3lior, oontraotor or ownor. ill} ffi Facilities (sometimes referred to herein as police public safety facilities, recreation facilities, and/or 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 2 CODING: Words striokon are deletions; words underlined are additions. 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. ill W Fee payer means a person commencing a rasidenti31 land development activity by applying for the issuance of a building permit. ill (ij Impact fees statement means the document, valid for up to 60 days, issued to an applicant or owner prior to the issuance of a building permit containing the calculation of the impact fees imposed pursuant to this article. 00 (.fFij Independent impact fees calculation study means the impact documentation prepared by, or on behalf of, a feepayer 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. ill W 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. !ml ~ 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) Tnmt aooount me:ms the sep3mto trust 3000unt of the oity oranted pUFGunnt this 3rtiolo. <<H (n) 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) Industrial/Warehouse 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. 3 CODING: Words striokon are deletions; words underlined are additions. (b) Polioo publio sam!)' faoilitios impaot mos, fOofOation faoilitios impact mos, and firo publio safoty faoilitios impact Imoact fees may be prepaid for any legally existing parcel of real property. Prepaid polioo public samty faoilitios impact foos, fOGfOation fasilitios impaot mos, and firo public safety faoilitios impact fees shall run with the land and are not transferable from a parcel to another parcel. Prepaid polioo public safoty faoilitios impact mos, fOoFoation faoilitios impaot foos, and fiFO publio safoty faoilitios impact fees shall vest the parcel only for the taM use for which the polioo publio safety faoilitios imp3ct foos, r{)ofOation boilitios impaot foos, 3nd fir{) public safoty fasilitios impaot foos are paid. No refunds shall be made for any prepaid polico public safoty faoilitios impact foos, fOofOation faoilitios impaot foos, and fiFO public s3foty Kloilitios impact fees except as may otherwise be provided for in this article. (c) Polioo public safoty faoilitios impaot foos, 3nd rooroation faoilitios impaot foos, and firo publio safoty faoilitios imp3ct Imoact fees shall be imposed and collected by the City at the rates established in the tables attached as the Exhibit A 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 publio safety faoilitios impaot foos, fiFO publio safoty faoilitios impaot foos, and tho rooFoation faoilitios 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 rate 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 polioo public safety foos, firo public safoty foos, 3nd parks and Fooro3tion 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 polioo publiG safoty facilitios impact foos, roofOation faoilitios impaGt fOOG, and fiFO public safoty faoilitioG impact fees relating to additional police publio safoty faailitioG impact foos, rooroation faoilitios imp3ct fooG, and fifO public safety faoilitios 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 poliGO public safoty faoilitios, r{)or{)ation faoilitios, 3nd fir{) public safoty facilities necessitated by its/her/his development is less than the polioo pl:Jblio safoty faoilitios impact foos, roofOation faoilitioG impaGt foos, and fifO publiG safoty faoilitios impact fees established in section 98-135, such applicant or owner may, prior to issuance of a building permit for 4 CODING: Words striokon are deletions; words underlined are additions. such development, submit a calculation of an alternative polioo publis safoty faoilitioG impaot fom;, rooroation faoilitios impaot foos, and fir-o public safoty faoilitios impact fees assessment. (b) The alternative polioo public safoty faGilitios impaot foos, r-ooroation faoilitios impaot fooG, and fire public safety faoilitios impact fees calculation shall be calculated for the rosidontialland 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 by the City Manager, the impact upon the City's need for police publio safety faoilitios impaot fooG, rooroation facilitios impaot fOOG, and firo public safoty faoilitios impact fees as described in such prior local study shall be rebuttably presumed to exist for other similar development. In such circumstances, the alternative polioo public safoty faoilitios impaot foos or rOGroation faoilitios impaot foos or firo publio safety faoilitioG impact fees shall be established to reflect the impact upon the City's polioo public safoty faoilitios impaot foos, rooroation faoilitios impaot foos, and fire public safoty faoilitios 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 publio safoty faoilitios impact foos, rooroation faoilitios impaot foos, and firo publio safoty faoilitios impact fees calculation, the development shall be presumed to have the maximum impact on the polioo public safoty faoilitios imJ3aot foos, roor{)ation faoilitios impact feos, and firo public safety facilities impast foos based upon allowable densities. (e) The proposed amount of polioo public safoty faoilitios impact foos, rooroation facilitioG imJ3aot foos, and firo publio safety faoilitios 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 polioo publiG safoty faoilitioG impaot feos, roornation faoilitios impaot fooG, and firo publio safety faoilitios 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 polioo publis safoty faoilitios impaot foos, rooroation faoilitioG impaot fooG, and firo public safoty faoilitios 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 polico publio safety faoilitios impact foos, r-ooroation faoilitios impaot foos, or firo public safety faoilitios impact fees comply 5 CODING: Words striokon are deletions; words underlined are additions. with the requirements of this section and that the calculation of the polico public safety facilitios impact foos, rDorDation f3oilitios impact foos, or ~rD publio safoty faoilitios impact fees was accomplished by using a generally accepted methodology, then the alternative police publio safoty faoilitios impaot foos, rDorDation faoilitios impaot foos, or firD public safoty faoilitios impact fees shall be paid in lieu of the police public safety faoilitios impact foos, rDoroation faoilitios impact foos, or ~r{) publio safoty faoilitios 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 alternative polioo publio safoty faoilitios impaot foos, rDorDation faoilitios impaot foos, or ~rD public safoty facilitios impact fees at the time of payment of the police publio safoty faoilitios impaot foos, rDorDation faoilitios impact foos, or fir:o public safoty faoilitios 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 publio safoty f30ilitias impact foos, rDorDation f3oilitios impact foos, or ~rD publio safoty faoilitios impact fees do not comply with the requirements of this section or that the calculation of the alternative polioo public safoty faoilitios impact foos, roorDation faoilitios impaot foos, or firo publio safoty faoilitios impact fees was not accomplished by a generally accepted methodology, then the alternative police publio safoty faoilitios impaot foos, rDoroation faoilitios impact foos, or ~rD public safoty faoilitios 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 owner 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 safoty faoilitios, roorDation faoilitios, and ~r{) public safoty 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 polico public safety faoilitios, rosroation faoilitios, and ~r{) publio safety such facilities. (b) A feepayer may obtain credit against all or a portion of polioo publio safoty faoilitios impaGt feos, r:oor{)ation faoilitios impaot foos, and fire publio safety faoilitios impact fees otherwise due or to become due by offering to dedicate or provide needed rDoroational oquipmont, lanEl/sitos and/or oonstruotion noodod for polioo public safety faoilitios, rDoroation faoilitios, and ~rD publio safety facilities. The offer must specifically request or provide for a police publio safoty faoilitias impaGt foos or roorDation faoilitioG impaot foos or firD publiG safety faGilitios 2!l 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 determined and provided in one of the manners set forth in this section as determined 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 Property 6 CODING: Words striokon are deletions; words underlined are additions. 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 or such other proof acceptable to the City Attorney. (f) Applicants for credit for construction of polico public safoty faoilitios impact foos, rocr~ation fm.lilitios impact foos, and firo public safoty fasilitios im,aact foos improvements shall submit acceptable engineering drawings and specifications and construction cost estimates to the City. The City Manager shall determine credits for polioo public safoty faoilitios impact foos, r~oroation faoilitios impaot foos, and fir~ public safoty faoilitios impact fees based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the City determines that such estimates submitted by the applicant are either unreliable or inaccurate. (g) 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 fee payer 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) Applioants Applications for credit on the basis of the donation of recreational equipment shall include, at a minimum, submit acceptable receipts or other proofs of payment to the City. The City Manager shall determine credits for police publio safoty faoilitios, roor{)3tion faoilitios, and firo publio safoty 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. (j) 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 7 CODING: Words strickon are deletions; words underlined are additions. 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 polioo public safoty rooilitioG impaot foos, rooroation faoilitioG impaot foos, and firo public safoty faoilitioG impact fees otherwise due based upon construction will not be provided until: (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 polioo public safoty faoilitioG impaot foos, rooroation faoilitioG iml3aot foos, and firo publio Gafoty faoilitios 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 are 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. (n) Credits shall not be transferable from 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 polioo public Gafety boilitio6 impaot foos, rooroation boilitio6 impaot fooG, or firo publio safoty faoilitios 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 polioo publio safoty rooilitio6 impaot fo06, rooroation faoilitioG impaot foos, or fir{) public safoty faoilitios impact fees payments. (q) A credit shall be given, when approved in accordance with this article, as a fixed dollar deduction from the polioo publio 6afoty boilitioG impaot foos, rooroation faoilitio6 impaot foo6 or firo public Gafoty rooilitio6 impact fees as the impact fees become due and payable. Sec. 98-141. Changes in size and use. Polioo public 6afoty rooilitioG impaot foo6, rooroation faoilitios impaot foo6, and firo public safoty faoilitioG impaot Imoact fees shall be calculated and imposed for the alteration, expansion or replacement of a rOGidontial structure or the construction of an accessory building if the alteration, expansion or replacement of the ro6idontial structure or the 8 CODING: Words striokon are deletions; words underlined are additions. construction of an accessory building is determined to change or increase the use of development. The polico public s3foty faoilitios impaot foos, roomation faoilitios impaot foos, 3nd firo public safoty faoilitios impact fees imposed shall be tho polioo publio safoty faoilitios imp3ct foos, moroation faoilitios impaot foos, and fim public safoty faoilitios impact fees imposed under this article for the structure or accessory building after construction, alteration, expansion or replacement, less the police public safoty boilitios impaot foos, moroation faoilitios impact foos, or fim publio safoty faoilitios impact fees that would have been imposed for the taAa 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, 3 polioo public safoty f3oilitios impaot foos, roor{)ation faoilitios impact foos, and fire public safoty faoilitios an impact fees statement shall be issued to the applicant for that proposed development. Such polioo publio safoty faoilitios impact foos, momation faoilitios impaot foos, and fim publio safoty faoilitios impact fees statement shall set forth the tentative parks and momation impact fees due for the pmposed msidontial development. (b) Except as otherwise specifically pmvided in this article, prior to the issuance of a building permit, an applicant shall pay the police public safoty boilitios impact fooG, roomation facilitios imp3ct foos, 3nd firo public G3foty faoilitios 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 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 polioo public safoty boilitios impact foos, momation boilitios impaot fooG, and fire publio Gafoly faoilitioG impact fees applicable to that portion of the development represented by each phase; pmvided, however, that all polioo publio safoty faoilitios impaot foos, roor<lation faoilitios impact foos, and firo public s3foty faoilitios 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 polioo publio s3foty faoilitios impact foos, roor<lation faoilitios impact foos, and fim public safoty faoilitios 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 polioo public safoty faoilitios impaot foos, reomation faoilitios impaot foos, and fir{) publio safoty faoilitios 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 safoty facilitios impaot foos, more3tion faoilitios impact foos, and fire publio safoty faoilitios 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/applicant/owner shall pay the appropriate interest carrying costs resulting from the deferral of the payment of such polioo public safoty faoilitios impact fom;, 9 CODING: Words striokon are deletions; words underlined are additions. reoreation faoilitios impaot foos, and firo public safoty faoilitios impact fees. (e) In the event the rate of the police public safoty faoilitios impaot foos, reoreation faoilitios impact foos, and fire publio safoty faoilitios impact fees for a particular development is changed subsequent to the issuance of a polioo public safoty faoilitios impact foos, reoreation faoilitios impact foos, or fire publio safoty faoilitios .2!1 impact fees statement, the polioo public safoty faoilitios impact foos, reor-oation faoilitios impact foos, and fire public safoty faoilitios impact fees rate calculated in the issued polioo public safoty faoilitios impact foos, recroation faoilitios impact foos, or fir-o public safoty facilitios impact fees statement or payment provisions set forth therein shall be the polioo publio safoty faoilitios impact foos, recroation faoilitios impact foos, and fire public safoty faoilitios 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 polioo public safoty faoilitios impact foos, reoreation faoilitios impact foos, and fire public safoty faoilitios 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 enter into an agreement that provides for the deferred payment of police public safoty faoilitios impact foos, recroation faoilitios impact foos, and firo public safoty faoilitios 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 polioo public safoty faoilitios impaot foos, reoreation facilitios impact foos, and fir-o publio safoty facilitios 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/applicant/owner shall pay the appropriate interest carrying costs resulting from the deferral of such polioo public safoty facilitios impact foos, rocreation faoilitios impact foos, and fire public safety faoilitios impact fees. (g) The payment of tho polioo public safoty faoilitios impact foos, reoreation faoilitios impact foos, and fire public safoty faoilitios 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 tho polioo publio safoty faoilitios impaot foos, reoroation faoilitios impact foos, and fir-o public safoty faoilitios 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 safoty faoilitios impact foos, recreation faoilitios impact foos, and firo public safoty faoilitios 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 polico public safoty faoilitios impact foos, rocreation facilitios impact foos, and fir-o publio safoty faoilitios 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 polioo publio safoty faoilitios impact foos, reoroation faoilitios impact foos, and fire public safoty faoilitios impact fees as set forth in this 10 CODING: Words striokon are deletions; words underlined are additions. section. (b) If a building permit has previously been issued, the City shall serve, by certified mail, return receipt requested, or hand delivery, IDJ. a-"Polioo Publio Safoty Faoilitios Impaot Foos, Roomation Faoilitios Impaot Foos, or Fim Publio Saroty Faoilitios 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 polioo publio saroty Kloilitios impact roos, moroation fuoilitios impaot roos, or fim publio saroty faGilitios impact fees statement notice in the official records (land records) of Seminole County. Service of tho polioo publio saroty Klcilitios impact roos, moroation fuoilitios impaot foos, or firo publio safoty faoilitios impact fees statement notice shall be deemed notice of the polioo public safoty faoilitios impaot roos, roomation faoilitios impaot roos, and firo public saroty faoilitios impact fees due and service shall be deemed effective on the date the return receipt indicates the polioo publio saroty faoilitios impaot roos, momation fucilitios impaot roos, or fim publio safoty faoilitios impact fees statement notice was received by either the applicant or the owner, or the date said polioo publio saroty fuoilitios impaot roos, moroation faoilitios impaot roos, or fim publio safoty fuoilitios 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 polioo publio safoty facilitios impaot foos, fim publio safoty faoilitios impaots foos, and parks and mcmation facilitios impact fees statement notice was filed in the official records of Seminole County. The polioo public saroty faoilitios impaot foos, roomation faoilitios impaot roos, or fim publio saroty facilitios 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 polico publio saroty faoilitios impaot roos, rooroation faoilitios impaot roos, and fir{) publio saroty faoilitios 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 polioo publio safoty faoilitios impaot roos, momation faoilitios impact roos, or fir<> publio saroty faoilitios impact fees statement notice, by making application to the City Manager; (3) That the City shall file a release of the polioo public safoty faoilitios impaot roos, momation fasilitios impact roos, or fim public safoty facilitios impact fees statement notice in the official records of Seminole County upon collection of payment in full; (4) That the polioo publio saroty facilitios impaot roos, momation faoilitios impaot foos, and firo pul3lis safoty facilitios impact fees shall be delinquent if not paid and received by the City within 15 calendar days of the date the polioo publio saroty faoilitios impaot foos, roor<>ation faoilitios impact roos, or fim public safoty faoilitios 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 polico publio safoty faGilitios impaot roos, moroation faoilitios impaot foos, and fim publio safoty faGilitios impact fees at the time of issuance of a building permit. Upon becoming delinquent, such parks and mcmation impact fees shall be subject to the imposition of a 11 CODING: Words striokon are deletions; words underlined are additions. delinquent fee and interest on the unpaid amount until paid; and (5) That in the event the police public safoty rooilitios impact foos, rooroation faoilitios impact foos, and firo publio safety faoilitios 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 safoty faoilitios impact foos, recreation facilitios impact foos, and firo publio safoty f3oilitios impact fees shall be delinquent if, within 15 calendar days from the date of the receipt of the police public safoty f3cilitios impact foos, recroation f3cilitios imp3ct foos, or fire public S3fety faoilitios impact fees statement notice by either the applicant or the owner, or the date said polioo public safety facilitios impaot foos, recreation faoilitios impact foos, or fire public safety f3oilitios impact fees statement notice was filed in the official records the parks 3nd rooreation 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 polioo publio safety faoilitios impact foos, rooroation faoilitios impaot foos, and fire public safety faoilitios impact fees within ten calendar days of issuance of a building permit. Said time poriods shall bo oaloulatod on 0 oalondar day b3sis, inoluding Sundays and logal holidays, but oxoluding tho dato of tho oarliost reooipt of said polico public safoty f3oilitios impact foos, rooreation faoilitios impaot foos, or firo public safoty rooilitios imp3ct foos statomont notioo. In tho o~/ont tho lost d3Y falls on 3 Sunday or logal holid3Y, tho duo dato sholl bo tho noxt businoss day. Upon becoming delinquent, a delinquency fee equal to ten percent of the total polioo public safety faoilitioG impact foos, reoroation faoilitios impaot foos, and fire publio safoty faoilitios impact fees imposed shall be assessed. The delinquent polico public safoty faoilitioG impact foos, reoro3tion faoilitios impact foos, 3nd firo public safoty f3cilitios 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 polioo public safoty faoilitios impact foos, roore3tion faoilitioG impact foos, and firo publio Gafoty faoilitios impact fees become delinquent as set forth in this 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 polioo public safety f3cilitios impact foos, rooroation faoilitios impact fooG, and fire public safoty rooilitios 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 rooreation 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 12 CODING: Words striokon are deletions; words underlined are additions. 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 safoty faoilitios impact foos, rooreation faoilities impact foos, and fire public safety faoilitios 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 polioo public safoty faoilitios imp::lCt foes, reoroation fncilitios impact foos, and fire public safoty faoilitios 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 polioo public Gafoty faoilitios impact fooa, rooreation faoilities impaot foes, and firo public Gafoty faoilitios 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.:, 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. All ordinances or part of ordinances in conflict with this Ordinance are 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 13 CODING: Words striolmn are deletions; words underlined are additions. 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 1,3,4,5,6, 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 take other appropriate actions as set forth in Section 1-10 of the City Code. Section 8. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 11th day of May, 2009. City Commission of the City of Sanford, Florida Seminole County, Florida .~ ~ Attest: 14 CODING: Words strickon are deletions; words underlined are additions. _-~_~"___M~~;__'"_'''''''_';'_''''''''_~_''''''''''''';''~__--'li_ -"] . )('",:--i1( Exhibit A City of Sanford, FL Muncipal Impact Fee Schedule Development Classification Fees Effective Through August 30, 2009 [1] Police Fire Parks Total A. Residential [see Note (2)] 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] IndustrialIWarehouse includes the following building code classifications: Factory and Industrial High Hazard Storage Utility and Miscellaneous muncipal impact Exhibit 10 28 08 12/2/2009