2030 ORDIN~CE NO. ~030
AN ORDINANCE OF T~ CITY OF SANFORD, FLORIDA,
ESTABLISHING A FIRE PURLIC SAFETY FACILITIES IMPACT
FEE~ PROVIDING FOR DEFINITION~ PROVIDING FOR
RATES~ PROVIDING FOR TnZ TIRE OF PAYMENT~ PROVIDING
FOR THE USE OF PROCEEDS~ PROVIDING FOR
ESTABLIShmeNT OF A TRUSTFUND FORMONIES COV~CTED~
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PANTS OF
RESOLUTIONS IN CONFLICT 'I'~-REWITH BE REPE~T~D TO
THE EXTENT OF SUCH CON[LICT~ PROVIDING FOR
SEVERABILITY IN THE EVENT OF PARTIAL INVALIDITY~
AND PROVIDINGAN EFFECTIVE DATE.
WHEREAS, the present fire public safety facilities for the
City of Sanford, Florida, are operating at full capacity and they
are presently providing adequate fire protection and fire public
safety services to the City of Sanford, and
WHEREAS, there have been increasing demands on the City for
issuance of building permits for increased construction for
residential premises, as well as additional conunercial enterprises,
businesses, industrial developments, public assembly facilities and
institutions to serve the increasing number of people using the fire
public safety facilities of the City, none of such increase
constituting additional services to presently existing residents of
the City, and
WHEREAS, the City Commission of the City of Sanford,
Florida, has determined that the increasing demand by new
development and new residents on various City services within the
City limits will require greatly increased capital investment for
the expansion of the City service system, and
WHEREAS, the City Commission finds that it is necessary to
provide additional fire public safety facilities that shall be
required by the continuing growth and development of construction
activities within the City, these facilities being in the nature of
capital improvements to the City's fire public safety facilities
such as land, buildings, equipment and vehicles, and
WHERE~, the City Commission has legal authority to enact
impact fees in order to allocate the cost of such capital
investments among future customers of the service systems, so long
as revenues from impact fees are segregated in a separate account
and used only for the expansion of said system, and
WHEREAS, the City Commission desires to establish an
equitable way for making these capital improvements to meet the
damands of new construction and for providing that the money
collected for these capital improvements will be used for no other
purposes, and
WHEREAS, the City Commission finds that it is equitable for
the new construction creating the increased demand for fire public
facilities to contribute directly to their funding rather than
placing such increased burden on the presently existing City
residents, and
WHEREAS, the City's administrative staff has conducted a
study, a copy of which is attached hereto and incorporated by
reference and made a part hereof, to determine the proper amount for
a fire public safety facilities fee based upon projected
construction and fire capital needs to serve such new construction;
and have provided the City Commission with the basis of allocation
of such capital costs to impact fees which the Commission has
determined will be fair and equitable to both the present customers
of the City service systems and future customers thereof, and
WHEREAS, the City feels that it is imperative that impact
fees be initiated immediately so as to assess against new
construction, which is creating the increased damand for fire public
safety services, their fair share in impact fees necessary to
finance new improvements.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SANFORD, FLORIDA:
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ARTICLE I. SECTION 1. LEVY AND PURPOSE.
For the purpose of helping to defray the cost of
new or expanded fire facilities and equipment attributable to new
construction within the City limits, impact fees are hereby levied
on new construction within the City limits in accordance with the
provisions of Section 5. Payment of Fees and other provisions of
this Ordinance.
SECTION 2. DEFINITIONS.
Unless otherwise specified herein the definitions,
classifications and uses shall be as set forth in the City of
Sanford Land Development Code.
A. Residential Includes one-family dwellings,
two-family dwellings, mobile homes, multiple family dwelling units,
accessory dwelling units, accessory residential structures.
B. Nonresidential - Includes all land uses not
otherwise specified as residential or exempted as set forth herein.
This shall include, but is not limited to day care facilities,
residential care facilities, nursing homes, boarding houses, home
occupations, educational facilities, libraries, cultural facilities,
churches, all commercial uses, all transient lodging and
entertainment facilities except those which are temporary in nature,
all automotive facilities and/or structures, all miscellaneous
business uses and services and all industrial uses.
C. Administrative Official - As such term is
defined in the City of Sanford Land Development Regulations.
SECTION 3. APPLICABILITY.
This Article shall apply to all new construction
within the City limits except the following:
A. Expansion of a residential dwelling unit not
creating another dwelling unit;
B. Remodeling or rebuilding of any structure;
C. Construction under any building permit
originally issued during the year preceding the effective date of
this Article.
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D. Temporary activities and uses including, but
not limited to temporary construction and temporary commercial
amusements; and
E. Non-commercial amusement facilities; and
F. Public service structures; and
G. Central sewage and/or water treatment
facilities and/or solid waste disposal facilities; and
H. Animal raising; and
I. Agriculture; and
J. Mining; and
K. Cemeteries.
SECTION 4. DETERMINATION OF FEE AMOUNTS.
Impact fees shall be determined and reviewed at
least every other year in accordance with a detailed analysis of
projected construction within the City limits, the cost of any
expanded or new capital facilities and equipment for fire public
service facilities generated by such construction and the money
otherwise available to meet such costS. The City Commission may
annually adjust the established impact fee rate to reflect the
changes in the cost of relevant capital facilities and equipment.
All changes or adjustment in the established impact fee rates shall
be made by ordinance and shall apply only to construction for which
building permits are issued after the effective date of such
ordinance.
SECTION 5. PAYMENT OF FEES
A. TIME OF PAYMENT. The fire public safety
facilities fee is to be paid prior to or in conjunction with the
issuance of a building permit. The definition of building permit is
as set forth in the City of Sanford Land Development Regulations.
B. METHOD OF PAYMENT. Impact fees shall be paid
in cash unless the City Commission specifically accepts an in-kind
contribution of land or capital facilities for public use. Credit
for any in-kind contribution shall be on a fair market value basis
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as of the date the City Commission accepts the offer of such
contribution. The fair market value of any land accepted as an in-
kind contribution shall be based upon an appraisal of its highest
and best use then allowed under its current land use designation.
Such appraisal shall be paid for by the donor.
C. AMOUNT OF FEE. The fire public safety
facilities fee to be paid prior to or in conjunction with the
issuance of a building permit shall be levied based upon the
following formulae and in the following amounts:
1. Residential:
(CAI X RC)/RDU=Cost Per Dwelling Unit: $53.91 per residential
dwelling unit.
2. Nonresidential:
(CA/X NC)/NSF=Cost Per Square Foot: $0.031per-!~uaEe~foet
of nonresidential
development.
CAI - CapitalAsset Inventory
RC - Percent Residential Calls
NC - Percent Nonresidential Calls
RDU - ~,mher of Residential Dwelling Units
NSF - Nonresidential Square Footage
Nonresidential fees shall be levied upon that portion of a
structure which is classified as nonresidential.
SECTION 6. CREDIT AGAINST PART OF FIRE IMPACT
FEE.
The City Commission may give credit for part of
the fire services impact fee on a project if it determines that a
development can demonstrate that it will substantially reduce the
project's impact upon the City's capital needs for expansion of fire
services. The amount credited under this section shall be
determined by the City Commission.
SECTION 7. CAPITALRXPANSIONTRUST FUND.
A. CREATED: The following capital expansion
trust fund is hereby created:
Fire Protection Capital Expansion Trust Fund
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B. DEPOSIT OF FEES: All impact fees collected by
the City shall be separately accounted for and shall be deposited
only in the capital expansion trust fund for which they were
collected.
C. USE OF FUNDS: Amounts in each capital
expansion trust fund shall be used only for the purpose contained in
the title of such fund and for no other purpose. Expenditures from
each shall be specifically approved by the City Commission and shall
be limited to the expansion or acquisition of capital facilities or
equipment made necessary by the new construction from which the fees
were collected or for principal payments (including sinking fund
payments) on bonds to expand or acquire such facilities or
equipment. Before authorizing an expenditure from any one of these
trust funds, the City Commission shall determine that:
(1) Such expenditure is for capital
facilities or equipment to be used for the purpose contained in the
title of the trust fund from which the expenditure is to be made;
(2) Such expenditure is made necessary by the
new construction from which such funds were collected; and
(3) Such expenditure will result in a benefit
to the new construction from which said funds were collected.
SECTION 8. CAPITAL EXPANSION PLANS
The City's fire department, which is to receive
funds collected pursuant to this impact fee ordinance, shall prepare
and maintain a capital expansion plan for its individual funds which
shall be for a period of no less than one year. The fire
department's plan shall be reviewed and approved by the City
Commission at least annually during the budget review process.
SECTION 9. REFUNDS AND FEES FOR SPECIAL NEEDS.
Refunds of fire public safety facilities fees paid
hereunder may be allowed upon application therefor, when it is
determined that no construction has occurred and the building
permit issued for such construction has expired or otherwise been
cancelled.
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In the event that any structure has special fire
safety needs because of size or type of construction or the use
thereof, a special fire safety facilities fee shall be paid to the
City. Said fee shall be an amount necessary to permit the
acquisition of any equipment or other capital asset necessary for
the safe provision of fire protection services to the structure.
Such fees shall be in addition to any other fee imposed hereunder
and shall be paid prior to the issuance of a building permit for
such structure. Alternatively, the owner or developer of such
construction may provide to the City the piece of equipment or
capital assets as determined to be needed because of such
construction.
SECTION 10. PENALTY.
Violations of this ordinance shall constitute a
misdemeanor of the second degree. Notwithstanding the criminal
penalty provided for herein, the City may obtain an injunction or
other legal or equitable relief in the circuit court against any
person violating this ordinance.
ARTICLE II. SECTION 1. REPEAL.
All ordinances or parts thereof in conflict with
this ordinance are repealed to the extent of such conflict.
SECTION 2. APPEAL
Any person aggrieved by any portion of this
Ordinance shall appeal directly to the City Commission. To file an
appeal an individual must file an application with the
Administrative Official and submit such information and
documentation with said application as may be required by the
Administrative Official. The Administrative Official shall make a
determination as to the sufficiency of the application. An
application for appeal must be filed with the Administrative
Official within thirty (30) days of any action taken by the City for
which a person is aggrieved.
SECTION 3. ADMINISTRATIVE DECISIONS
The Administrative Official shall be responsible
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for all determinations, interpretations and administrative decisions
regarding this Ordinance.
ARTICLE III. SEVERABILITY.
If any section, sentence, clause, phrase or word
of this ordinance is for any reason held or declared to be
unconstitutional, inoperative or void, such holding of invalidity
shall not affect the remaining portions of this ordinance, and it
shall be construed to have been the intent of the City Commission to
adopt this ordinance without such unconstitutional, invalid, or
inoperative part therein, and the remainder of this ordinance after
exclusion of such part or parts, shall be deemed and held to be
valid as if such part or parts had not been included herein. If
this ordinance or any provision thereof shall be held to be
inapplicable to any person, groups of persons, property, kind of
property, circumstances, or set of circumstances, such holdings
shall not affect its applicability to any other person, property or
circumstance.
ARTICLE IV. EFFECTIVE DATE.
This ordinance shall take effect immediately upon
its final passage.
PASSED AND ADOPTED this the 23rd day of May ,
1989.
MAyOR~,~ ~ ~
ATTEST:
Ac~in9 Cite Clerk ~~
CITY OF SANFORD, FLORIDA.
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