4630 Public Safety, Fire & Recreation Impact FeesOrdinance No. 2021-4630
An ordinance of the City of Sanford, Florida amending Chapter
98, Article V, of the City Code of the City of Sanford pertaining
to an impact fee report pertaining to revisions to the amounts
of impact fees assessed and charged for development activities
within the City; providing for changes in the amounts and
calculations with regard to police public safety facilities impact
fees, fire public safety facilities impact fees, and recreation
public facilities impact fees; providing for changes to conform
with controlling State law; providing for implementing
administrative actions; providing for conflicts; providing for a
savings provision; providing for codification and the correction
of scrivener's errors; providing for severability and providing
for an effective date.
Whereas, the City of Sanford provides police public safety facilities impact fees,
fire public safety facilities impact fees, and recreation public facilities impact fees, and
recreation public facilities to residents and businesses through the various projects and
programs of City government; and
Whereas, impact fees are imposed and collected, no sooner than before
issuing a building permit, by counties, municipalities, and some special districts to fund
local infrastructure needed to expand local services to meet the demands of population
growth caused by development and an impact fee enacted by a county or municipal
ordinance or special district resolution must meet certain minimum statutory criteria with
the calculation of the amount due required to have a rational nexus both to the need for
additional capital facilities and to the expenditures of funds collected and the benefits
accruing to the new development construction; and
Whereas, in the past the City Commission and City management has relied
upon the study entitled "City of Sanford, Florida Municipal Services Impact Fee Study,"
dated April 9, 2006, prepared by Public Resources Group, Inc., Maitland, Florida, and the
report and study, dated March 16, 2015, issued by Raftelis Financial Consultants, Inc.
and entitled "Police and Fire Impact Fee Update", with regard imposing the City's police
public safety facilities impact fees, fire public safety facilities impact fees, and recreation
public facilities impact fees; and
Whereas, as growth and development continue in the areas serviced by the
City, additional revenues are needed to offset increased costs of service delivery,
operations, capital outlay, training and new equipment for new residential and commercial
developments; and
Whereas, the City Commission of the City of Sanford has determined that the
cost of expansion of the City infrastructure caused by new growth should be borne by the
developers of the new projects and the residents and businesses that will occupy the new
structures; and
Whereas, to effectively budget and manage for the future operation of City
government, the City Commission of the City of Sanford recently re-engaged the
consulting firm Raftelis Financial Consultants, Inc. to conduct a police protection service
impact fee study to determine if the City's current police public safety facilities impact
fees, fire public safety facilities impact fees, and recreation public facilities impact fees
needed to be increased to finance necessary and eligible costs of City government; and
Whereas, Raftelis Financial Consultants, Inc. issued a final report (authored by
Tony Hairston, Vice President, and Joe Williams, Manager) entitled "2021 Police, Fire,
And Recreation Impact Fee Study", dated August 31, 2021, in which Raftelis made many
recommendations and the City Commission of the City of Sanford has concluded and
determined that it would act in accordance with the recommendations set forth in the
Study; and
Whereas, Section 163.31801, Florida Statutes, commonly referred to as, and
the short title of which is, the "Florida Impact Fee Act', authorizes the use of impact fees
to create an important source of revenue for local governments to use in funding the
infrastructure necessitated by new growth, provided the following criteria are satisfied:
(1). The fee must be calculated using the most recent and localized data.
(2). The local government adopting the impact fee must account for and
report impact fee collections and expenditures. If the fee is imposed for a
specific infrastructure need, the local government must account for those
revenues and expenditures in a separate accounting fund.
(3). Charges imposed for the collection of impact fees must be limited to
the actual costs.
(4). All local governments must give notice of a new or increased impact
fee at least 90 days before the new or increased fee takes effect, but need
not wait 90 days before decreasing, suspending, or eliminating an impact
fee. Unless the result reduces total mitigation costs or impact fees on an
applicant, new or increased impact fees may not apply to current or pending
applications submitted before the effective date of an ordinance or
resolution imposing a new or increased impact fee.
(5). A local government may not require payment of the impact fee before
the date of issuing a building permit for the property that is subject to the
fee.
(6). The impact fee must be reasonably connected to, or have a rational
nexus with, the need for additional capital facilities and the increased impact
generated by the new residential or commercial construction.
(7). The impact fee must be reasonably connected to, or have a rational
nexus with, the expenditures of the revenues generated and the benefits
accruing to the new residential or commercial construction.
(8). The local government must specifically earmark revenues generated
by the impact fee to acquire, construct, or improve capital facilities to benefit
new users.
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(9). The local government may not use revenues generated by the
impact fee to pay existing debt or for previously approved projects unless
the expenditure is reasonably connected to, or has a rational nexus with,
the increased impact generated by the new residential or commercial
construction.
Whereas, a recent amendment to the Florida Impact Fee Act, Section
163.31801, Florida Statutes, during the 2021 Legislative Session deriving from
Committee Substitute (CS) for CS for CS for House Bill 337 was enacted (initially codified
as Chapter 2021-63, Laws Of Florida) which legislation affected the imposition and
collection of impact fees in the following ways:
(1). The bill defines the terms "infrastructure" and "public facilities" and
clarifies existing statutory text. In addition to local governments, the bill
requires special districts to credit against the collection of impact fees any
contribution related to public facilities towards impacts on the same type of
public facilities for which the contribution was made. All credits against
impact fee collections must be made regardless of any provision in local
government or special district charter, comprehensive plan policy,
ordinance, resolution, or development order or permit. In addition, the bill
provides that the assignability and transferability of impact fees apply to all
impact fee credits regardless of whether the credit was established before
or after the effective date of the bill.
(2). The bill provides that if a local government, school district, or special
district impact fee increases not more than 25% above the current rate, the
increase must be implemented in 2 equal annual increments. If a fee is
increased between 25% and 50% above the current rate, the phase in is 4
equal installments. No impact fee increase may exceed 50% and an impact
fee may not be increased more than once every 4 years. The bill provides
an exception to these requirements if a local government, school district, or
special district establishes the need for the increased impact fee pursuant
to the rational nexus test, uses a study showing the extraordinary
circumstances requiring the additional increase that was completed within
12 months before the increase, holds at least 2 publicly -noticed workshops,
and adopts the increase by at least a 2/3 vote. Additionally, an impact fee
may not be increased retroactively for a previous or current fiscal or
calendar year. The impact fee increase limitations operate retroactively to
January 1, 2021.
; and
(3). The bill revises a current affidavit requirement by requiring a local
government, school district, or special district to submit with its annual
financial report or its financial audit report an affidavit signed by its chief
financial officer attesting, to the best of his or her knowledge, that all impact
fees were collected and expended in compliance with the statute, the
reporting entity complied with the spending period provision in the local
ordinance or resolution, and that the funds were expended only for the uses
allowed under the statute.
Whereas, the Revenue Estimating Conference of the Florida Legislature, on
March 12, 2021, determined the bill would have a negative indeterminate impact on local
government revenues although the new law would not have an impact on State
government revenues; and
Whereas, the City Commission of the City of Sanford finds it is in the best
interests and welfare of the citizens, property owners and businesses of the City to enact
this ordinance providing for appropriate levels of impact fees being imposed which action
is consistent with sound and generally accepted public management and fiscal
management practices and principles; and
Whereas, although not a land development regulation, this Ordinance is found
to be consistent with the goals, objectives and policies of the Comprehensive Plan of the
City of Sanford in every respect and as to all pertinent goals, objectives and policies; and
Whereas, this Ordinance is an exercise of the City of Sanford's powers as a
municipality under the provisions of Article VIII, Section 2 of the Constitution of the State
of Florida; Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, and other
applicable and controlling law; and
Whereas, the City Commission of the City of Sanford determines that the
enactment of this Ordinance is in the best interests of the health, safety and welfare of
the citizens of the City of Sanford; and
Whereas, for the purposes of this Ordinance, underlined type shall constitute
additions to the original text, *** shall constitute ellipses to the original text and
stFikethmugh shall constitute deletions to the original text.
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 to this Ordinance (whereas clauses), the City staff
report/City Commission agenda memorandum relating this Ordinance, and the Raftelis
Financial Consultants, Inc. final report entitled "2021 Police, Fire, And Recreation Impact
Fee Study", dated August 31, 2021, as part of the legislative findings and intent in support
of this Ordinance.
(b). Subsection 98-133 (b) of the City Code relates to the adoption of police
public safety facilities impact fees, recreation facilities impact fees, and fire public safety
facilities impact fees/study/additional subsequent studies and provides as follows:
(b) The Mayor and City Commission may adopt future reports and
studies relating to police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees and
may impose additional police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact
fees in accordance with the provisions of Section 98-135 of this Article,
based upon the review and acceptance of such reports and/or studies.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising the Ordinance including, but not limited to, the
cited as the Florida Impact Fee Act (Section 163.31801, Florida Statutes) and has
enacted this Ordinance upon the recommendation of Raftelis Financial Consultants, Inc.
Section 2. Revision to Chapter 98, Article V, City Code; Impact Fee Report;
Change In Impact Fees. Chapter 98, Article V, City Code of the City of Sanford is
amended to read as follows:
ARTICLE V. - UNIFIED IMPACT FEES ORDINANCE
Sec. 98-131. - Short title; State law preemption or conflict.
(a). This Article shall be known and may be cited as the "City of Sanford Unified Impact
Fees Code OrdinaRGe".
(b). In the event of any conflict between the provisions of this Ordinance and controlling
State law, the provisions of controlling State law shall prevail.
Sec. 98-132. - Legislative findings and intent/authority. [In accordance with the
provisions of Section I and Section 7 of this Ordinance, the recitals shall be codified by
the Code codifier in this SectionT
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Sec. 98-133. - Adoption of police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees I studyI4 additional
subsequent studies.
(a). The study entitled "2021 Police, Fire, And Recreation Impact Fee Study", dated
August 31, 2021, issued by Raftelis Financial Consultants, Inc. "City of SanfoFd, FleFida
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Commission, hereby accepted and adopted by the MayoF and City Commission and said
study is incorporated herein by this reference thereto as if fully set forth herein verbatim.
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(b). The Mayor and City Commission may adopt future reports and studies relating to
police public safety facilities impact fees, recreation facilities impact fees, and fire public
safety facilities impact fees and may impose additional police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities impact fees iD
accordance with the provisions of controlling law seG#Gn 98 135 of this AFtiGle-r-b-ased
Sec. 98-134. - Definitions.
When used in this Articl8, the definitions set forth in and
Section 163.31801. Florida Statutes (the "Florida Impact Fee Arf')2 seGtion 182-4-27
1 Section 553.73, Florida Statutes, provides, inpertinent part. that:
Florida Building Code'--
(l)(a) The commission shall adopt, by rule pursuant toss. 120S36(1) and 120.54, the Florida
Building Code which shall contain or incorporate by reference all laws and rules which pertain to
and govern the design, construction, erection, alteration, modification, repair, and demolition of
public and private buildings, structures and facilities and enforcement of such laws and rules,
except asotherwise provided inthis section.
***
And, Section 18-1 of the City Code states that:
Florida Building Code adopted.
The Florida Building Code, prepared by the Florida Building Commission, is hereby adopted by the
city asthe city building codes, and includes but is not limited tothe Florida Accessibility Code,
Florida Energy Code, Building, Plumbing, Electrical, and Mechanical Codes, Gas [ode, and
Swimming Pool Code. The construction ofsigns isincluded inthe Building section ofthe Florida
Building Code.
2 The Florida Impact Fee Act defines the term "infrastructure" to mean a fixed capital expenditure or fixed capital
outlay, excluding the cost of repairs or maintenance, associated with the construction, reconstruction, or
improvement of public facilities that have a life expectancy of at least five years; related land acquisition, !and
improvement, design, engineering, and permitting costs; and other related construction costs required to bring the
public facility into service. The term also includes a fire department vehicle, an emergency medical service vehicle,
a sheriff s office vehicle, a police department vehicle, a school bus, and the equipment necessary to outfit the vehicle
for its official use. For independent special fire control districts, the term includes "new facilities" as stated in the
independent special fire control district statute and, also, defines "public facilities" to means major capital
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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 should any conflict arise between the definitions set forth in the City Code
and those set forth within controlling State law, the definitions provided in controlling State
(a). Alternative 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 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
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improvements, including transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks,
and recreational facilities, and expressly includes emergency medical, fire, and law enforcement facilities. The
definition set forth in Section 163.3164, Florida Statutes, (part of the Community Planning Act) should be referenced.
10
(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 under the provisions of the City Charter, or the designee of such
person
(f). City /Manager means the person appointed by the dyer-afld City Commission to
serve as its City Manager under the provisions of the City Charter, or the designee of
such person.
(g). GPI means the Consumer PFiGe lRdex fer All UrbaR GoRsurners (GPI UY-as
published from time to time by the U. S. DePlartment of LabGF, Bureau of LabeF .
44 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
11�
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.
(h). 0) Fee payer means a person commencing a land development activity by
applying for the issuance of a building permit.
@ 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.
fl). N 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 exhibits to table in this Article after review and evaluation
by the City.
(k). (4) 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.
12
(1). (4:n) 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.
(m). (P) 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.
(b). Impact fees may be prepaid for any legally existing parcel of real property. Prepaid
impact fees shall run with the land and are not transferable from a parcel to another
parcel. Prepaid impact fees shall vest the parcel only for the use for which they are paid.
13
(c). Impact fees shall be imposed and collected by the City at the rates established in
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subseGtiOR 98 135(d). The 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.
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Exhibit A
MuniG4ml Impact Fee Schedule: Police Public Safety Facilities Impact Fees;
Phase-in Impact Fees (Effective February 1st Of Each Year)
Description
Impact Unit [l]
ERU Factor [2]
2022
2023
2024
2025
Residential
Single Family
Dwelling Unit
1.00
$420.90
$445,93
$470.96
$496.00
Multi -Family
Dwelling Unit
1.00
$420.90
$445.93
$470.96
$496.00
Recreational
Movie Theater
1,000 Sq Ft
0.55
$222.60
$239.34
$256.08
$272.80
Racquet/Tennis
1,000 Sq Ft
0.50
$248.00
$248.00
$248.00
$248.00
Health/Fitness
1,000 Sq Ft
1.00
$496.00
$496.00
$496.00
$496.00
Institutional
All Educational/Day Care Center
1,000 Sq Ft
0.75
$303.80
$326.53
$349,26
$372.00
Church
1,000 Sq Ft
0.20
$99.20
$99.20
$99.20
$99.20
Hospital
1,000 Sq Ft
0.55
$228.54
$243.30
$258.06
$272.80
Nursing Home/ALF
Beds
0.46
$208.85
$214.49
$220.13
$225.77
Office
Office
1,000 Sq Ft
0.57
$275.54
$277.93
$280.32
$282.72
Medical Office/Clinic (all)
1,000 Sq Ft
1.15
$513.74
$532.63
$551.52
$570.40
Retail, Gross Square Fee
Retail
1,000 Sq Ft
1.45
$684.54
$696.09
$707.64
$719.20
Pharmacy / Drugstore
1,000 Sq Ft
2.45
$1,170.77
$1,185.58
$1,200.39
$1,215.20
Nursery - Garden Center
1,000 Sq Ft
1.65
$818.40
$818.40
$818.40
$818.40
Automobile Care Center
1,000 Sq Ft
0.75
$294.89
$320.59
$346.29
$372.00
Car Sales
1,000 Sq Ft
1.05
$486.49
$497.93
$509.37
$520.80
Supermarket
1,000 Sq Ft
2.65
$1,195.57
$1,235.18
$1,274.79
$1,314.40
Convenience Market w/out Gas Station
1,000 Sq Ft
5.40
$2,278.83
$2,412.02
$2,545.21
$2,678.40
Service Station
Per Pump
1.50
$702.62
$716.41
$730.20
$744.00
Restaurant Non -Fast Food
1,000 Sq Ft
3.20
$1,587.20
$1,587.20
$1,587.20
$1,587.20
Fast Food Restaurant w/Drive-Through
1,000 Sq Ft
7.60
$3,742.23
$3,751.36
$3,760.49
$3,769.60
Industrial
Indus trial/Manufacturing
1,000 Sq Ft
0.30
$148.80
$148.80
$148.80
$148.80
Warehousing
1,000 Sq Ft
0.20
$99.20
$99.20
$99.20
$99.20
Mini -Warehouse
1,000 Sq Ft
0.15
$74.40
$74.40
$74.40
$74.40
Transient
Hotel/Motel
Rooms
0.29
$122.06
$129.32
$136.58
$143.84
[1] "GFA" = Gross Floor Area; "GLA" = Gross Leasable Area.
[2] ERU = Equivalent residential unit; this amount represents each land use in comparison to a
single-family residential standard; multi -family is 1 ERU for Police and 0.75 for Fire services.
151
Exhibit B
Munir ,PM Impact Fee Schedule: Fire Public Safety Facilities Impact Fees; Phase -
In Impact Fees (Effective February 1st Of Each Year)
Description Impact Unit [1]
ERU Factor [2]
2022
2023
2024
2025
Residential
Single Family
Dwelling Unit
1.00
$444.19
$493.54
$542.90
$592.25
Multi -Family
Dwelling Unit
0.75
$333.14
$370.16
$407.17
$444.19
Recreational
Movie Theater
1,000 Sq Ft
0.55
$230.98
$256.64
$282.31
$307.97
Racquet/Tennis
1,000 Sq Ft
0.50
$296.13
$296.13
$296.13
$296.13
Health/Fitness
1,000SgFt
1.00
$592.25
$592.25
$592.25
$592.25
Institutional
All Educational/Day Care Center
1,000 Sq Ft
0.75
$315.37
$350.42
$385.46
$420.50
Church
1,000 Sq Ft
0.20
$118.45
$118.45
$118.45
$118.45
Hospital
1,000 Sq Ft
0.55
$239.86
$266.52
$293.17
$319.82
Nursing Home/ALF
Beds
0.46
$220.11
$237.56
$255.00
$272.44
Office
Office
1,000 Sq Ft
0.57
$288.72
$305.01
$321.29
$337.58
Medical Office/Clinic (all)
1,000 Sq Ft
1.15
$540.43
$587.32
$634.20
$681.09
Retail, Gross Square Feet
Retail
1,000 Sq Ft
1.45
$718.10
$764.99
$811.87
$858.76
Pharmacy / Drugstore
1,000 Sq Ft
2.45
$1,227.43
$1,301.96
$1,376.48
$1,451.01
Nursery - Garden Center
1,000 Sq Ft
1.65
$898.73
$924.89
$951.05
$977.21
Automobile Care Center
1,000 Sq Ft
0.75
$302.04
$335.60
$369.16
$402.72
Car Sales
1,000 Sq Ft
1.05
$510.81
$547.83
$584.84
$621.86
Supermarket
1,000S4Ft
2.65
$1,257.04
$1,361.18
$1,465.32
$1,569.46
Convenience Market w/out Gas Station
1,000 Sq Ft
5.40
$2,404.52
$2,669.06
$2,933.61
$3,198.15
Service Station
Per Pump
1.50
$737.35
$781.69
$838.04
$888.38
Restaurant Non -Fast Food
1,000SgFt
3.20
$1,850.76
$1,865.58
$1,880.39
$1,895.20
Fast Food Restaurant w/Drive-Through
1,000 Sq Ft
7.60
$3,917.71
$4,112.17
$4,306.64
$4,501.10
Industrial
Industrial/Manufacturing
1,000SgFt
0.30
$165.83
$169.78
$173.73
$177.68
Warehousing
1,000SgFt
0.20
$106.61
$110.56
$114.50
$118.45
Mini -Warehouse
1,000 Sq Ft
0.15
$78.47
$81.93
$85.38
$88.84
Transient
Hotel/Motel
Rooms
0.29
$128.81
$143.13
$157.44
$171.75
[1] "GFA" = Gross Floor Area; "GLA"
= Gross Leasable Area.
[2] ERU = Equivalent residential unit; this amount
represents each land use in
comparison to a single-family residential
standard; multi -family is 1 ERU
for Police and 0.75
for Fire services.
16(
Exhibit C
MuniGipa4 Impact Fee Schedule: Recreation Facilities Impact Fees; Phase -In
Impact Fees (Effective February 1st Of Each Year)
Description Impact Unit 2022 2023 2024 2025
Residential Units Per residential unit. $1,102.00 $1,102.00 $1,102.00 $1,102.00
171
FATfr.TMi iiiSol
A. Residential [see Note (2)] PE)liGe F Parks -t-tC"
$432.99 $428 '$974.0 $1,826.00
i
Parks T-,c4a4
$684.08 ! $396.00 ULA $1,080.00
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Sec. 98-136. - Calculation of police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees.
(a). Except as otherwise provided in this Article, a police public safety facilities impact
fees, or recreation facilities impact fees, or fire public safety facilities impact fees
statement shall be issued for all development requiring a building permit occurring within
the City following application for, but prior to the issuance of, a building permit.
(b). Police public safety facilities impact fees, recreation facilities impact fees, and fire
public safety facilities impact fees shall be imposed, calculated and issued as provided in
SeGtion 98 135 9 this Article.
Sec. 98-137. - Use of revenues/monies collected from police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities impact
fees.
(a). The police public safety facilities impact fees, recreation facilities impact fees, and
fire public safety facilities impact fees collected pursuant to this Article shall be deposited
in separate trust accounts established by the City Manager, as set fbrth *R seGtiGR 182
accounts shall be maintained separate and apart from all other accounts of the City.
(b). The monies deposited into the trust accounts shall be used solely for the purpose
of providing growth necessitated capital improvements and additions to the police public
19
safety facilities, recreation facilities, and fire public safety facilities including, but not
limited to as consistent with the requirements of controlling State law:
(1). Property acquisition including, but not limited to, the price of land and
all related property acquisition costs of every type and nature;
(2). Landscaping;
(3). Site preparation;
(4). Irrigation systems;
(5). Architectural and engineering design and plan preparation;
(6). Development permitting and development fees including, but not
limited to, environmental permitting fees;
(7). Construction and design of ancillary facilities or improvements and
additions thereto such as, by way of example only, electrical control
buildings;
(8). Construction and design of drainage facilities required by the
construction of facilities or improvements or additions thereto;
(9). Relocating utilities required by the construction of facilities and
ancillary facilities or additions thereto;
(10). Associated site development and improvements including, but not
limited to, streets and sidewalks, incidental to the construction of facilities
and additions thereto;
(11). Construction management and inspection;
(12). Surveying and mapping;
(13). Soils and material testing;
20
(14). The purchase or procurement of equipment;
(15). Acquisition of seating, furniture and equipment necessary to
accommodate City staff and the public;
(16). 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 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 as provided herein; and
(17). 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 City's police public
safety facilities, recreation facilities, and fire public safety facilities
subsequent to the effective date of this Article.
(c). The moneys deposited into the trust accounts shall be used solely to provide capital
improvements and additions to the police public safety facilities, recreation facilities, and
fire public safety facilities as necessitated by growth and shall not be used for any
expenditure that would be classified as a maintenance expense or a repair expense.
(d). Funds on deposit which are not immediately necessary for expenditure shall be
invested by the City. All income derived from such investments shall be deposited in the
appropriate trust account and used as provided in this Article.
(e). Police public safety facilities impact fees, recreation facilities impact fees, and fire
public safety facilities impact fees collected pursuant to this Article shall be returned by
the City to the then current owner of the property on behalf of which such police public
21
safety facilities impact fees, recreation facilities impact fees, and fire public safety facilities
impact fees was paid, if such police public safety facilities impact fees, recreation facilities
impact fees, and fire public safety facilities impact fees have not been expended or
encumbered prior to the end of the fiscal year immediately following the sixth anniversary
of the date upon which such police public safety facilities impact fees, recreation facilities
impact fees, and fire public safety facilities impact fees were paid; provided, however, that
refunds shall be made only in accordance with the following procedure:
(1). The then current owner shall petition the City for the refund prior to
the end of the fiscal year immediately following the sixth anniversary of the
date of payment of the police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees.
(2). The petition for refund shall be submitted to the City Manager or
designee and shall contain, at a minimum, the following:
a. A notarized sworn statement that the petitioner is the then current
owner of the property on behalf of which the police public safety
facilities impact fees, recreation facilities impact fees, and fire public
safety facilities impact fees were paid;
b. A copy of the dated receipt issued for payment of such police
public safety facilities impact fees, recreation facilities impact fees,
and fire public safety facilities impact fees, or such other record as
would indicate payment of such police public safety facilities impact
fees, recreation facilities impact fees, and fire public safety facilities
impact fees;
22
c. A certified copy of the latest recorded deed pertaining to the
subject real property; and
d. A copy of the most recent ad valorem tax notice pertaining to the
subject real property.
(3). Within 90 days three-meat#s three-meatfrom the date of receipt of a petition for
refund, the City Manager will advise the petitioner of the status of the police
public safety facilities impact fees, recreation facilities impact fees, and fire
public safety facilities impact fees requested to be refunded, and if such
police public safety facilities impact fees, recreation facilities impact fees,
and fire public safety facilities impact fees have not been expended or
encumbered within the applicable time period, then the police public safety
facilities impact fees, recreation facilities impact fees, and fire public safety
facilities impact fees shall be returned to the petitioner, with interest paid at
the average net interest rate earned by the pertinent trust account during
the time such refunded police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees were on
deposit. For the purposes of this Section, police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities
impact fees collected shall be deemed to be spent or encumbered on the
basis of the first police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees deposited
in/with the City and shall be the first police public safety facilities impact
23
fees, recreation facilities impact fees, and fire public safety facilities impact
fees expended/out.
(f). On or before September 30 of each year, the City Manager, or designee, shall issue
a summary to the City Commission of the police public safety facilities impact fees,
recreation facilities impact fees, and fire public safety facilities impact fees received during
the past year and the purpose(s) for which they have been utilized.
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 facilities
necessitated by its/her/his development is less than the impact fees established in this
se -4.;-- 9
Article 8 135, such applicant or owner may, prior to issuance of a building permit
for such development, submit a calculation of an alternative impact fees assessment.
(b). The alternative 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
by the City Manager, the impact upon the City's need for impact fees as described in such
24
prior local study shall be rebuttably presumed to exist for other similar development. In
such circumstances, the alternative impact fees shall be established to reflect the impact
upon the City's 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 impact fees calculation, the development shall be
presumed to have the maximum impact on the facilities based upon allowable densities.
(e). The proposed amount of 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 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 impact fees calculation and supporting data and
analysis and decide make a deteffniRatiGR 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 impact fees comply with the
requirements of this Section and that the calculation of the impact fees was accomplished
by using a generally accepted methodology, then the alternative impact fees shall be paid
in lieu of the impact fees provided in seGt;eR 98 135 9 this Article. The applicant or owner
shall present the written determination of the City Manager approving the alternative
impact fees at the time of payment of the impact fees.
25
(h). If the City Manager determines that the data, analysis, information and assumptions
utilized by the applicant or owner to calculate the alternative impact fees do not comply
with the requirements of this Section or that the calculation of the alternative impact fees
was not accomplished by a generally accepted methodology, then the alternative 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. 98-139. - Exemptions to police public safety facilities impact fees, recreation
facilities impact fees, and fire public safety facilities impact fees.
(a). The following shall be exempt from payment of the police public safety facilities
impact fees, recreation facilities impact fees, and fire public safety facilities impact fees:
(1). An alteration or expansion of an existing dwelling unit where no
additional dwelling units are created and the use is not changed.
(2). The construction of an accessory building or structure to a residential
use which will not create additional uses or an increase in density of the
residential development.
(3). The replacement of an existing dwelling unit of the same type and
use where no additional dwelling units are created.
(4). The replacement of a lawfully permitted structure, the building permit
for which was issued on or before the effective date of this Article, or the
replacement of a structure that was constructed subsequent thereto and for
which the correct police public safety facilities impact fees, recreation
26 1 F :'
facilities impact fees, or fire public safety facilities impact fees which were
owed at the time the building permit was applied for, was paid or otherwise
provided for with a new structure of the same use and at the same location
with no increase of density or intensity of development.
(5). A building permit for which the police public safety facilities impact
fees, recreation facilities impact fees, and fire public safety facilities impact
fees thereof has been or will be paid or otherwise provided for pursuant to
a written agreement, zoning approval or development order pertaining to
development which, by the specific written terms thereof, clearly and
unequivocally was intended to provide for the full mitigation of impacts to
police public safety facilities, recreation facilities, and fire public safety
facilities by enforcement of the agreement, zoning approval or development
order, and not by the application of this Article.
(6). A building permit which pertains to residential development which
does not result in any additional impact on police public safety facilities,
recreation facilities, and fire public safety facilities; provided, however, that
all development shall be presumed to cause additional impacts on police
public safety facilities, recreation facilities, and fire public safety facilities.
(b). An exemption should must be claimed by the feepayer at the time of the issuance
of a building permit to ensure that all pertinent information is available to adjudicate the
TIr-I...Ifel. Nk r T.
Sec. 98-140. - Application for credits and processes.
27
(a). All mandatory or required land dedications and/or improvements to facilities made
by a feepayer subsequent tG the effeGtive date of this AFtic;le 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 such facilities.
(b). A feepayer may obtain credit against all or a portion of impact fees otherwise due
or to become due by offering to dedicate or provide needed facilities. The offer must
specifically request or provide for an 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). One hundred fifteen percent of the most recent assessed value of the
Seminole County Property 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:
28
(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 improvements shall submit acceptable
engineering drawings and specifications and construction cost estimates to the City. The
City Manager shall determine credits for 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 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
29
City Manager shall determine credits for 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.
0). 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 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
30
(3). All design, construction, inspection, testing, bonding and acceptance
procedures are in strict compliance with the then current requirements of
the City.
(1). Credit against 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 for impact fees may be assigned or transferred at any time once
established, from one development or parcel to another within the same impact fee zone
or district or within an adioinina impact fee zone if zones are established. If the C
increases an impact fee, it must still provide the holder of any impact fee credit the full
benefit of the density and intensity prepaid by the credit balance. Credits shall not -be
=AT=1*1911111. I . .- 1.
(o). 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.
311 "
(p). w+ event the ameuRt w+ GFedit ral,af i'xjr*&,nt-+ fppo -,01 in fra.-sx,
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exr.ess GFedit by the applicant eF G ner for future ♦rte fees payments.
(q) A credit shall be given, when approved in accordance with this Article, as a fixed
dollar deduction from the impact fees as the impact fees become due and payable.
Sec. 98-141. - Changes in size and use.
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 impact fees imposed shall be impact
fees imposed under this Article for the structure or accessory building after construction,
alteration, expansion or replacement, less the impact fees that would have been imposed
for the use prior to such alteration, expansion, replacement or construction.
Sec. 98-142. - Vested rights.
A written agreement, if any, which establishes, restricts, or prohibits the imposition of
police public safety facilities impact fees, recreation facilities impact fees, and fire public
safety facilities impact fees relative to specific real property, which the City entered into
prior to the effective date of this Article, and which is between the applicant or owner and
the City shall be binding upon the City and such real property shall not be subject to the
provisions of this Article; provided, however, that if the agreement is amended
subsequent to the effective date of this Article increasing the net impact to the City's police
public safety facilities, recreation facilities, and fire public safety facilities, the police public
safety facilities impact fees, recreation facilities impact fees, and fire public safety facilities
32
impact fees imposed by this Article seGtiOR 98 shall be required to be paid to the City
as provided by this Article on the increased net impact to the police public safety facilities,
recreation facilities, and fire public safety facilities.
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, an impact fees statement shall be issued
to the applicant for that proposed development. Such impact fees statement shall set forth
the tentative impact fees due for the proposed development.
(b). Except as otherwise specifically provided in this Article, prior to the issuance of a
building permit, an applicant shall pay the impact fees as established in this Article seGtiE)n
99445.
(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 impact fees applicable to that portion of the development
represented by each phase; provided, however, that all 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 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 impact fees under this Article
that would otherwise be due and payable for a period of up to 180 days from the date that
33
the City issues a building permit for the project. In no instance shall such 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 impact fees.
(e). In the event the rate of the impact fees for a particular development is changed
subsequent to the issuance of an impact fees statement, the impact fees rate calculated
in the issued impact fees statement or payment provisions set forth therein shall be the
impact fees imposed for such development.
(f). In the event that the Mayer and City Commission determine that there is a valid
public purpose to allow deferral of the payment of 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 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 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 impact fees.
(g). The payment of impact fees shall be in addition to any other fees, charges or
assessments due for the issuance of a building permit.
34
(h). The obligation for payment of 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 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 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 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, an "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 impact fees statement notice in
the official records (land records) of Seminole County. Service of impact fees statement
notice shall be deemed notice of the impact fees due and service shall be deemed
effective on the date the return receipt indicates the impact fees statement notice was
received by either the applicant or the owner, or the date said 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 impact fees statement notice was
filed in the official records of Seminole County. The 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:
35
(1). The amount due and the general purpose for which the 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 impact fees
statement notice, by making application to the City Manager;
(3). That the City shall file a release of the impact fees statement notice
in the official records of Seminole County upon collection of payment in full;
(4). That the impact fees shall be delinquent if not paid and received by
the City within 15 calendar days of the date the 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 impact fees at the time of issuance of a building permit.
Upon becoming delinquent, such impact fees shall be subject to the
imposition of a delinquent fee and interest on the unpaid amount until paid;
(5). That in the event the 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 impact fees shall be delinquent if, within 15 calendar days from the date of the
receipt of the impact fees statement notice by either the applicant or the owner, or the
date said impact fees statement notice was filed in the official records the 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
36
impact fees within ten calendar days of issuance of a building permit. Upon becoming
delinquent, a delinquency fee equal to ten percent of the total impact fees imposed shall
be assessed. The delinquent 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 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
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 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.
37 1
(g). Liens for delinquent 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 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 impact fees pursuant to this
Article which decision shall be appealable in accordance with the general appeal
provisions of the City Code and this Article.
(c). The City Manager is authorized to establish rules of procedure and processes
relating to applications for such review. Review
(d). Decisions of the City Manager and the City Commission shall be rendered in,
accordance with the provisions of controlling law in a form approved by the City Attorney.
38
..........
may appoint,
by adeption of a reselutioR,
a
PEAGe ptAbliG safety fa6
safety faGilities irnpaGt fees advi
. . . . . . . . . . . . .
paGt or
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initiate its Feview in a timely
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(b) The Mayer and the City ......
may appoint,
by adeption of a reselutioR,
a
PEAGe ptAbliG safety fa6
safety faGilities irnpaGt fees advi
for
paGt or
the purpeses of periediGally
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39
Sec. 98-148. - Declaration of exclusion from Florida Administrative Procedures
AcVadoption of rules City Manager; Financial Statement Audits.
(a). Nothing contained in this Article shall be construed or interpreted to include the City
in the definition of agency contained in F.S. § 120.52, or to otherwise subject the City to
the application of the Florida Administrative Procedures Act, F.S. ch. 120. This declaration
of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to
this Article.
(b). The City Manager shall have the power and authority to promulgate administrative
rules and formulate incipient City policy in order to implement the provisions of this Article.
(c). The City Manager shall ensure adherence to the controlling provisions of State law
relating to the submission of an affidavit with the City's annual financial report or its
financial audit report attesting, as required, that all City impact fees were collected and
expended in compliance with the State law, that the City complied with the spending
period provision in the City Code, and that the funds were expended only for the uses
allowed under State law, to wit: acquiring, constructing, or improving the specific
RRIP!M-154
44
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 and the amendment
and modification of exhibits and other documents to include, but not be limited to, those
published in the City Code. Said actions shall be accomplished in accordance with
Section 1-10 of the City Code relating to the ongoing review, revision and maintenance
of the City Code.
Section 4. Conflicts.
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 as the prior impact fee
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.
41
Section 7. Codification; Scrivener's Errors.
(a). This Ordinance shall be codified in the City Code of the City of Sanford,
provided, however, that Sections 3, 4, 5, 6, 7 and 8 shall not be codified. The Code
Codifier is granted broad and liberal authority to change section numbers is in the current
City Code and to take other appropriate actions as set forth in Section 1-10 of the City
Code.
(b). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the endorsement of the City Manager, or designee, without the need for a
public hearing.
Section 8. Effective Date.
(a). This Ordinance shall be effective upon enactment and decreases in the
recreation facilities impact fees shall be effective on that date, except that, and provided
however, that increases in the police public safety facilities impact fees and the fire public
safety facilities impact fees shall not be effective until February 1, 2022.
(b). With the passage of this Ordinance, notice is hereby given amended
increased impact fees payable pursuant to this Ordinance will go into effect over 90 days
from the effective date of this Ordinance in accordance with Section 163.31801, Florida
Statutes. Publish notice shall also be perfected in accordance with the practices of the
City.
42
Passed and adopted this 11th day of October, 2021.
Attest:
bahilufflpum No w
Traci Houchin, MMC, FCRM'
City Clerk
Approved as to form and
legality:
William L. Colbert, Esquire
City Attorney
43 1
City Commission of the City of
Sanford, Florida
Seminole County, Florida
Art We
Mayor
L
6i 1��) J LIL
CITY OF WS — RM X
Item No.
7 SkNFORD
FLORIDA
CITY COMMISSION MEMORANDUM 21.212
OCTOBER 11, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Lindsay, Finance Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Second Reading of Ordinance No. 4630; Police Public Safety Facilities
Impact Fees, Fire Public Safety Facilities Impact Fees, and Recreation
Public Facilities Impact Fees
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4630, relating to police public safety facilities impact fees, fire public safety facilities
impact fees, and recreation public facilities impact fees is proposed for adoption.
FISCAL/STAFFING STATEMENT:
The provisions set forth in Ordinance No. 4630 pertain to proposed changes proposed to be
implemented relative to police, fire, and recreation impact fees which result from the work of the
City's consulting firm, Raftelis Financial Consultants, Inc., which issued a final report (authored by
Tony Hairston, Vice President, and Joe Williams, Manager) entitled "2021 Police, Fire, And
Recreation Impact Fee Study", dated August 31, 2021. The provisions of Ordinance No. 4630, also
modify the City Code to address fiscal matters that have been modified by actions of the Florida
Legislature such as a phasing of increases.
In sum:
(1). Single family and multi -family residential impact fees for police services are
proposed to increase from $395.87 to $496.00.
(2). Single family and multi -family residential impact fees for fire are proposed
to increase from $394.83 to $592.25 and $296.12 to $444.19, respectively.
(3).. Single family and multi -family residential impact fees for recreation are
proposed to decrease from $1,135.65 to $1,102.00.
(4). Commercial and industrial fees are currently charged by an equivalent
residential unit (ERU) determined by land use.
BACKGROUND:
The last impact fee update for fire and police was approved by Commission on July 13, 2015, and
recreation impact fees were last updated by Commission in 2008. A new study relating to police,
fire, and recreation impact fees was procured by the City from with City staff providing consultation
and input, as requested, during the process.
As a result of the study, please see attached schedule of fees for comparison to the fees per the study.
A copy of the full report arising from the study is attached for the review and usage of the City
Commission.
The study addressed four major objectives:
(1). Impact fees should be sufficient to fund the capital requirements associated
with providing service to new growth and development.
(2). Impact fees should not be used to fund any existing capital deficiencies of the
City.
(3). Impact fees should be based upon reasonable level of service standards, which
meet the needs of the City and are similar to industry standards.
(4). Non-residential impact fees should be expanded to include land use types that
recognize the difference in service demands among land uses.
Under controlling Florida law, the purpose of an impact fee is to assign, to the extent practical,
growth -related capital costs to the City's new customers (residents) that benefit from the facilities
funded by such expenditures. That is, a dual rational nexus must be established which shows that:
(1). The development paying the impact fees causes an impact on public facilities
such that new capacity is needed to serve the development. Impact fees cannot be
charged to fund facility capacity deficiencies; and
(2). The development will benefit from the new capacity.
If both of the above cannot be established, then an impact fee is subject to the assertion that it is an
unlawful tax.
Although impact fees were legitimized in Florida as a result of numerous Court rulings, the Florida
Legislature enacted Section 163.31801, Florida Statutes, commonly referred to as, and the short title
of which is, the "Florida Impact Fee Act" to address the use of impact fees by Florida local
governments. The Legislature stated the following in Section 163.31801(2), Florida Statutes:
2'
The Legislature finds that impact fees are an important source of revenue for a local
government to use in funding the infrastructure necessitated by new growth. The
Legislature further finds that impact fees are an outgrowth of the home rule power of
a local government to provide certain services within its jurisdiction. Due to the
growth of impact fee collections and local governments' reliance on impact fees, it is
the. intent of the Legislature to ensure that, when a county or municipality adopts an
impact fee by ordinance or a special district adopts an impact fee by resolution, the
governing authority complies with this section.
A recent amendment to the Florida Impact Fee Act, Section 163.31801, Florida Statutes, during the
2021 Legislative Session deriving from Committee Substitute (CS) for CS for CS for House Bill 337
was enacted (initially codified as Chapter 2021-63, Laws OfFlorida) which legislation affected the
imposition and collection of impact fees in the following ways:
(1). The bill defines the terms "infrastructure" and "public facilities" and clarifies
existing statutory text. In addition to local governments, the bill requires special
districts to credit against the collection of impact fees any contribution related to
public facilities towards impacts on the same type of public facilities for which the
contribution was made. All credits against impact fee collections must be made
regardless of any provision in local government or special district charter,
comprehensive plan policy, ordinance, resolution, or development order or permit. In
addition, the bill provides that the assignability and transferability of impact fees
apply to all impact fee credits regardless of whether the credit was established before
or after the effective date of the bill.
(2). The bill provides that if a local government, school district, or special district
impact fee increases not more than 25% above the current rate, the increase must be
implemented in 2 equal annual increments. If a fee is increased between 25% and
50% above the current rate, the phase in is 4 equal installments. No impact fee
increase may exceed 50% and an impact fee may not be increased more than once
every 4 years. The bill provides an exception to these requirements if a local
government, school district, or special district establishes the need for the increased
impact fee pursuant to the rational nexus test, uses a study showing the extraordinary
circumstances requiring the additional increase that was completed within 12 months
before the increase, holds at least 2 publicly -noticed workshops, and adopts the
increase by at least a 2/3 vote. Additionally, an impact fee may not be increased
retroactively for a previous or current fiscal or calendar year. The impact fee increase
limitations operate retroactively to January 1, 2021.
(3). The bill revises a current affidavit requirement by requiring a local
government, school district, or special district to submit with its annual financial
report or its financial audit report an affidavit signed by its chief financial officer
attesting, to the best of his or her knowledge, that all impact fees were collected and
expended in compliance with the statute, the reporting entity complied with the
spending period provision in the local ordinance or resolution, and that the funds were
expended only for the uses allowed under the statute.
31
The Revenue Estimating Conference of the Florida Legislature, on March 12, 2021, determined the
bill would have a negative indeterminate impact on local goverment revenues although the new
law would not have an impact on State government revenues.
Raftelis conducted its analysis utilizing the controlling principles of State law and a functional
population analysis applied to capital planning data, fixed assets records, police and fire call data,
and the City's service level standards. The report reflects updated capital costs of providing police
and fire facilities including the proportional share of the Public Safety Complex allocated to growth.
Raftelis and its professionals and City staff are confident of the report's analysis and
recommendations related to the proposed changes in the impact fees for police and fire public
facilities.
LEGAL REVIEW:
The Assistant City Attorney prepared the attached proposed Ordinance and otherwise assisted in this
matter.
The City Commission approved the first reading of Ordinance No. 4630 on September 27, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on September 26,
2021.
RECOMMENDATION:
Staff recommends that the City Commission adopt Ordinance No. 4630.
The requirements of Section 163.31801, Florida Statutes, impose a 90 -day period between
enactment of the Ordinance No. 4630 and the imposition of fees that increase. The effective date of
Ordinance No. 4630 is, thus, February 1, 2022. A notice will be published relative to the change in
the impact fees.
There is not a waiting period requirement for fees that are decreasing, City staff recommends, as set
forth in Ordinance No. 4630, to implement decreasing impact fees upon enactment of Ordinance No.
4630.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4630."
Attachments: (1). Ordinance No. 4630.
(2). Raftelis Impact Fee Update Report.
(3). Impact Fee Schedule and Comparisons.
4