3997ORDInAnCE NUMBER 3997
CITY OF SANFORD, FLORIDA
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RELATING TO
THE IMPOSITION OF IMPACT FEES; AMENDING TIlE PROVISIONS OF
THE CITY CODE RELATING TO POLICE PUBLIC SAFETY FACILITIES
IMPACT FEES, RECREATION FACILITIES LMPACT FEES, AND FIRE
PUBLIC SAFETY FACILrr~S IMPACT FEES AS WELL AS TH~
PROCEDURAL PROVISIONS RELATING TO ALL CITY LMPACT FEES;
PROVIDING FOR A SHORT TITLE; PROVIDING FOR LEGISLATIVE
FINDINGS, INTENT AND AUTHORITY; PROVIDING FOR ACCEPTANCE~
ADOPTION AND INCORPORATION OF IMPACT FEE STUDY; PROVIDING
FOR DEFINITIONS; PROVIDING FOR IMPOSITION OF IMPACT FEES;
PROVIDING FOR CALCULATION OF IMPACT FEES; PROVIDING FOR
THE USE OF REVENUES; PROVIDING FOR ALTERNATIVE IMPACT FEES
CALCULATION; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
CREDITS; PROVIDING FOR CHANGES IN SIZE OF USE; PROVIDING FOR
VESTED RIGHTS; PROVIDING FOR PAYMENTS; PROVIDING FOR
COLLECTION OF LMPACT FEES WHEN NOT PAID BY MISTAKE,
INADVERTENCE OR BY AGREEMENT; PROVIDING FOR
ADMINISTRATIVE REVIEW PROCEDURES; PROVIDING FOR REVIEW
HEARINGS; PROVIDING FOR IMPACT FEES ADVISORY COM]~II'ITEE;
PROVIDING FOR DECLARATION OF EXCLUSION FROM THE
ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR POWERS AND
DUTIES OF THE CITY ]~L~NAGER; PROVIDING FOR DU'rl~S OF THE
CITY ATTORNEY; PROVIDING FOR CONFLICTS AND A REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR OTHER
DIVERSE MATTER RELATING TO LMPACT FEES INCLUDING, BUT NOT
LIMITED TO, MATI'ER RELATING TO ORDINANCE NUMBER 3942
PERTAINING TO WATER AND SEWER IMPACT FEES; REPEALING
SEC-T~ON 18½-41, SECTION 18½-44, SECTION 18½-45, SECTION
15½-46(B), (C) AND (O), SECTION 18½-47, SECTtON 18½-48,
SECTION 18½-49, SECTION 18½-50, SECTION 18½-51, SECTION
18½-61, SECTION 18½-62, SECTION 18½-64, SECTION 18½-65,
SECTION 181/2-66, SECTION 18½-67(B), (C) AND (O), SECTION 18½-
68, SECTION 18½-69, SECTION 18½-70, SECTION 18½-71, SECTION
18½-72, SECTION 15½-81, SECTION 18½-83, SECTION 18½-85,
SECTION 18½-86, SECTION 18½-87(B), (C) AND (D), SECTION 18½-
88, SECTION 18½-89, SECTION 18½-90, SECTION 18½-91, AND
SECTION 18½-92 OF TI~ CITY OF SANFORO CODE; PROVmING FOR
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PENALTIES AND PROVIDING FOR AN EI~'ECTIVE DATE.
Whereas, the Mayor and City Commission of the City of Sanford have studied the necessity
for and implications of the adoption of an ordinance amending Fees and have retained a professional
consulting firm to prepare study relating to Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees (the Study) in order to determine
the proportionate demand that new residential development generates for additional Police Public
Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities; and
Whereas, the Study has been presented to, and reviewed by, the Mayor and City Commission
of the City of Sanford, and it has been determined (1) that Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees are necessary to offset
the costs associated with meeting future demands for the City's Police Public Safety Facilities,
Recreation Facilities, and Fire Public Safety Facilities, pursuant to the projections set forth in the
Study; (2) that the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and
Fire Public Safety Facilities Impact Fees bear a reasonable relationship to the burden imposed upon
the City to provide Police Public Safety Facilities, Recreation Facilities, and Fire Public Safety
Facilities and services to new City residents; (3) that Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees revenues wilt provide
a direct benefit to such new City residents reasonably related to the Police Public Safety Facilities
Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees
assessed; (4) that an essential nexus exists between projected new development and the need for
additional Police Public Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities to be
funded with Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire
Public Safety Facilities Impact Fees, and between the Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees and the benefits that
accrue to new development paying the Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees; and (5) that the amount of the
Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety
Facilities Impact Fees are roughly proportional to the pro rata share of the additional Police Public
Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities needed to serve new
development, while maintaining or exceeding a level of service (LOS) standard relating to a cost per
type of land use as set forth in the Study said Study being accepted and adopted by the provisions of
this Ordinance and incorporated into the provisions of this Ordinance as if fully set forth herein
verbatim; and
Whereas, the costs of real property for use in facilities development and the costs of various
facilities and equipment have been used by the City's consultant in developing a development impact
cost per land use type as set forth in the Study; and
Whereas, the decisions of the Mayor and City Commission as set forth herein are reasonable
and prudent steps pertaining to sound growth management which have been taken for the benefit of
the citizens of the City, both present and future; and
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Whereas, the City is projected to significantly grow in population and further economically
develop in the future; and
Whereas, this Ordinance contains administrative programs to ensure that the benefit of Police
Public Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities funded with Police
Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety
Facilities Impact Fees will accrue proportionately to new development paying the Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact
Fees; and
Whereas, the City Commission has developed a Police Public Safety Facilities, Recreation
Facilities, and Fire Public Safety Facilities inventory and a needs assessment through the work of the
City's consultant as published in the Study; and
Whereas, based on the LOS standard for Police Public Safety Facilities, Recreation Facilities,
and Fire Public Safety Facilities established by the Mayor and City Commission, City population,
housing unit projections, land use projections, as well as a needs assessment for other public facilities
associated with the projected level of growth, the Mayor and City Commission has determined that
Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety
Facilities Impact Fees are an appropriate and necessary fiscal technique, to be used in conjunction
with other available public facility financing techniques that may be prudently used, to ensure that
adequate Police Public Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities are
provided for new development; and
Whereas, the Mayor and City Commission evaluated the provision of police public safety,
recreation, and fire public safety services within the City and determined that Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees
are necessary for the provision of adequate Police Public Safety Facilities, Recreation Facilities, and
Fire Public Safety Facilities sufficient to protect the public health, safety, and general welfare of future
residents of the City; and
Whereas, the Mayor and City Commission have determined that the Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees
e amounts set forth in this Ordinance bear a reasonable relationship to the burden imposed upon the
City in providing the additional capital improvement expenditures necessary for such Police Public
Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities which are required to serve
new development at adopted LOS standards; and
Whereas, Section 163.3202(3), Florida Statutes, encourages the use of innovative land use
regulations and impact fees by local governments to manage growth and to provide the necessary
public facilities and for the imposition by local governments of impact fees on development to fund
the capital cost of Police Public Safety Facilities, Recreation Facilities, and Fire Public Safety
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Facilities necessitated by such development; and
Whereas, the Mayor and City Commission have considered the experiences of other similarly
situated local government jurisdictions and have concluded that the imposition of Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees
to finance Police Public Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities, the
demand for which is created by new development, is in the best interests of the general welfare of the
City and its residents, is equitable and just, and does not impose and unfair burden on new
development; and
Whereas, the provisions of this Ordinance are consistent with Senate Bill 1194 which was
passed by both houses of the Florida Legislature in the 2006 Regular Legislative Session and which
creates Section 163.31801, Florida Statutes, which is to be known as the Florida Impact Fee Act; and
Whereas, the provisions of this Ordinance are consistent with the goals and policies of the
State Comprehensive Plan as set forth in Section 187.201, Florida Statutes; and
Whereas, requiting future growth to contribute its fair share of the costs necessary to fund
required capital improvements and additions is an integral and vital part of the regulatory plan of
growth management in the City and is a practice consistent with sound and generally accepted growth
management, fiscal and public administration practices and principles.
Now, therefore, be it enacted by the citizens of the City of Sanford, Florida:
SECTION 1. SHORT TrrLE. This Ordinance shall be known and may be cited as the "City
of Sanford Unified Impact Fees Ordinance".
SECTION 2. LEGISLATIVE Fm~mGS AN~ ImT~rr/ALrr~oRrrY.
(a). The above recitals set forth in the whereas clauses to this Ordinance and the provisions
of this Section are hereby adopted by the Mayor and City Commission of the City of Sanford as the
legislative findings and intent for this Ordinance.
(h). This Ordinance is enacted under the authority of the Mayor and the City Commission
as set forth in the constitutional home rule powers of the City of Sanford as set forth at Article VIII,
Section 2(b), Constitution of the State of Florida; Section 166.021, Florida Statutes; Section
163.3201, Florida Statutes; Section 163.3202, Florida Statutes; the City Charter of the City of
Sanford; and other applicable law and their successor provisions.
(c). The Mayor and Commission hereby find and conclude that the provisions of this
Ordinance are consistent with the objectives, goals and policies of the City of Sanford Comprehensive
Plan.
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(d). It is the intent of this Ordinance to further regulate the development of land to ensure
that new development bears its proportionate and fair share of the costs of capital expenditures made
by the City to provide public capital facilities in the City as shall from time-to-time be deemed as
necessary by the Mayor and City Commission.
(e). The provisions of Section 182-41, Section 182-61, and Section 182-81 ofthe Code of
Ordinances of the City of Sanford, Florida, are adopted herein as legislative findings notwithstanding
their repeal.
SECTION3. ADOPTION OF POLICE PUBLIC SAFETY FACILrlIES IMPACT FEES,
RECREATION FACILITIES IMPACT FEES, AND FIRE PUBLIC SAFETY FACILITIES IMPACT
FEES/STUDY/ADDITIONAL SUBSEQUENT STUDI~S.
(a). The Study entitled "City of Sanford, Florida Municipal Services Impact Fee Study,"
dated April 9, 2006, prepared by Public Resources Group, Inc., Maitland, Florida, is, after careful
consideration by the Mayor and City Commission, hereby accepted and adopted by the Mayor and
City Commission and said study is incorporated herein by this reference thereto as if fully set forth
herein verbatim.
(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 5 of this Ordinance, based upon the review and acceptance of such reports
and/or studies.
SECTION 4. DEFINITIONS.
When used in this Ordinance, the definitions set forth in Section 182-42, Section 182-62, and
Section 182-82 of the Code of Ordinances of the City of Sanford, Florida shall apply; provided,
however, that the following additional terms shall have the following meanings in this Ordinance,
unless the context otherwise clearly requires; and provided, further, however, that a "two-family
dwelling" shall be treated as a single family detached residential land use:
(a). Alternative Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities Impact Fees means an alternative Police Public Safety Facilities
Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees
calculated by or on behalf of an Applicant or Owner and approved by the City Manager in accordance
with the provisions of this Ordinance.
Co). 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
Ordinance.
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(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). Comprehensive Plan means the Comprehensive Plan of the City of Sanford adopted
and amended pursuant to the Local Government Comprehensive Planning and Land Development
Regulation Act, as contained in Part II, Chapter t 63, Florida Statutes, as amended and supplemented,
or its successor in function.
(h). CPI means the Consumer Price Index for All Urban Consumers (CPI-U) as published
fi.om time to time by the U. S. Department of Labor, Bureau of Labor Statistics.
(i). Encumbered means, by way of example and not limitation, moneys committed by
contract or purchase order in a manner that obligates the City to expend the encumbered amount at a
closing, upon delivery of goods, the rendering of services, the provision of construction services or
the conveyance of real property by a vendor, supplier, contractor or owner.
(j). 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 Ordinance fi'om 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
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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 Ordinance; any and all accesso~ 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 Ordinance.
(k). Feepayer means a person commencing a residential land development activity by
applying for the issuance of a Building Permit.
(1). Impact Fees Statement means the document, valid for up to sixty (60) days, issued to
an Applicant or Owner prior to the issuance ora Building Permit containing the calculation of the
Impact Fees imposed pursuant to this Ordinance.
(m). Independent Impact Fees Calculation Study means theimpact 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 Ordinance after review and evaluation by the City.
(n). Owner means the person holding legal title to the real property relating to which a
Building Permit is issued, or is to be issued, who may have duties parallel with an Applicant, but who
is the ultimate obligee as to the payment of Parks and Recreation Impact Fees as imposed by this
Ordinance.
(o). Study means the Study incorporated pursuant to Subsection 3 (a) of this Ordinance as
the Study may be emended and supplemented pursuant to this Ordinance.
(P).
Ordinance.
Trust Account means the separate trust account of the City created pursuant this
SECTIONS. IMPOSITION OF POLICE PUBLIC SAFETY FACILITIES IMPACT FEES,
RECREATION FACILITIES IMPACT FEES, AND F]R~ PUBLIC SAFETY FACILrr~S IMPACT FEES
(a). Any person who, after the effective date of this Ordinance, 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 a n 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 emount set forth in this
Ordinance.
(b). Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire
Public Safety Facilities Impact Fees may be prepaid for any legally existing parcel of real property.
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Prepaid Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public
Safety Facilities Impact Fees shall run with the land and are not transferable from a parcel to another
parcel. Prepaid Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and
Fire Public Safety Facilities Impact Fees shall vest the parcel only for the land use for which the
Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety
Facilities Impact Fees are paid from any increase in the Parks and Recreation Impact Fees. No refunds
shall be made for any prepaid Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities Impact Fees except as may otherwise be provided for in this
Ordinance.
(c). Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire
Public Safety Facilities Impact Fees shall be imposed and collected by the City at the rates established
in the tables attached as the exhibit to this Ordinance.
(d). The rates set forth in Subsections 5(c) shall be administratively adjusted on an annual
basis commencing twelve (12) months fi'om the first day of the first month after the effective date of
this Ordinance and on the same day of each year thereat~er. 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 Ordinance, 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 Parks and Recreation Impact Fees
imposed pursuant to this Ordinance by means of the adoption of a report or a study pursuant to
Section 3 (b) of this Ordinance and the imposition of Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees relating to additional
Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety
Facilities Impact Fees which are the subject of the subsequently adopted report(s) or study(les).
SECTION 6. CALCULATION OF POLICE PUBLIC SAFETY FACILrt~$ IMPACT FEES,
RECREATION FACILrr~J~S IMPACT FEES, AND FIRE PUBLIC SAFETY FACILITIES IMPACT FEES.
(a). Except as otherwise provided in this Ordinance, 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 Section 5
of this Ordinance.
SECTION 7. USE OF REVEI~3Es/MoNIES COLLECTED FROM POLICE PUBLIC SAFETY
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FACILn'u~S IMPACT FEES, RECREATION FACIL~T~S 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 Ordinance shall be deposited in
separate trust accounts established by the City Manager, as set forth in Section 182-46(a), Section
182~57(a), and Section 182-87(a) of the City of Sanford Code which trust accounts shall be
maintained separate and apart fi.om 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 Safety
Facilities, Recreation Facilities, and Fire Public Safety Facilities including, but not limited to:
(1) Property acquisition including, but not limited to, the price of land and all
related property acquisition costs of eve~ type and nature;
(2) Landscaping;
(3) Site preparation;
(4) Irrigation systems;
(5) ArcNtectural 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;
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(13) Soils and material testing;
(14) The purchase or procurement of equipment;
(15) Acquisition of seating, furniture and equipment necessary to accommodate
City stall'and the public;
(16) Repayment of moneys borrowed subsequent to the effective date of this
Ordinance 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 Ordinance.
(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 Ordinance.
(e). Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire
Public Safety Facilities Impact Fees collected pursuant to this Ordinance shall be returned by the City
to the then current owner of the property on behalf of which such Police Public 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 Safely 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 oftha Police Public
Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities
impact Fees.
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(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;
03) 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;
(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 three (3) months from 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 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 shah issue a summary 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.
SECTION8. ALTERNATIVE POL~C~ PUBLIC SAFETY FACILITIES IMPACT FEES,
RECREATION FACILITt~S IMPACT FEES, AND FIRE PUBLIC SAFETY FACILrr~s IMPACT FEES
CALCULATION.
Page 11 of 29
(a). In the event an Applicant or Owner believes that the impact to the City's Police Public
Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities necessitated by ks/ber/his
development is less than the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities Impact Fees established in Section 5, such Applicant or Owner
may, prior to issuance of a Building Permit for such development, submit a calculation of an
Alternative Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire
Public Safety Facilities Impact Fees assessment.
(b). The Alternative Police Public Safety Facilities Impact Fees, Recreation Facilities
Impact Fees, and Fire Public Safety Facilities Impact Fees calculation shall be calculated for the
residential land use type determined by the City and shall be based on data, information or
assumptions contained in this Ordinance 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 Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees as described in such prior local
study shall be rebuttably presumed to exist for other similar development. In such circomstances, the
Alternative Police Public Safety Facilities Impact Fees or Recreation Facilities Impact Fees or Fire
Public Safety Facilities Impact Fees shall be established to reflect the impact upon the City's Police
Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety
Facilities Impact Fees as described in the prior local study. There shall be a rebuttable presumption
that a study conducted more than two (2) years earlier is invalid.
(d). For purposes of any Alternative Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees calculation, the development shall
be presumed to have the maximum impact on the Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees based upon allowable
densities.
(e). The proposed amount of Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees and the data and analysis
supporting that amount shall be submitted to the City Manager who shall transmit a copy of it to the
City Attorney for his or her review and recommendation. Within fifteen (15) calendar days, the City
Attorney shall provide his or her written recommendation to the City Manager as to whether such
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proposed Alternative Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees,
and Fire Public Safety Facilities Impact Fees comply with this Section and should be recognized.
(f). Within fifteen (15) calendar days of receiving the City Attorney's recommendation, the
City Manager shall review the Alternative Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees calculation and supporting data
and analysis and make a determination as to whether such calculation complies with the requirements
of this Section and should be recognized.
(g). If the City Manager determines that the data, analysis, information and assumptions
utilized by the Applicant or Owner to calculate the Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees comply with the
requirements of this Section and that the calculation of the Police Public Safety Facih'ties Impact Fees,
Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees was accomplished by
using a generally accepted methodology, then the Alternative Police Public Safety Facilities Impact
Fees, Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees shall be paid in
lieu of the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, or Fire
Public Safety Facilities Impact Fees provided in Section 5 of this Ordinance. The Applicant or Owner
shall present the written determination of the City Manager approving the Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees
at the time of payment of the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, or Fire Public Safety Facilities Impact Fees.
(h). If the City Manager determines that the data, analysis, information and assumptions
utilized by the Applicant or Owner to calculate the Alternative Police Public Safety Facilities Impact
Fees, Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees do not comply
with the requirements of this Section or that the calculation of the Alternative Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees
was not accomplished by a generally accepted methodology, then the Alternative Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees
calculation shall be rejected. Such rejection shall be set forth in writing setting forth the reasons
therefore as findings of fact and conclusions of law and shall be provided to the Applicant and Owner
by certified mall. The Applicant and Owner shall have fifteen (15) calendar days from the receipt of
written notification of rejection to request a review hearing pursuant to this Ordinance.
SECTION g. EXEMPTIONS TO POLICE PUBLIC SAFETY FACILrrlES IMPACT ICEES,
]RECREATION FACILtTtES 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.
Page 13 of 29
(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 ofthis Ordinance, or the replacement of a structure
that was constructed subsequent thereto and for which the correct Police Public Safety Facilities
Impact Fees, Recreation 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 Fac'dities Impact Fees,
Recreation Fac'dities 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 Ordinance.
(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 must be claimed by the Feepayer at the time of the issuance of a
Building Permit. Any exemption not so claimed shall be deemed irrevocably waived by the Feepayer.
SECTION 10. APPLICATION FOR CREDITS AND PROCESSES.
(a). All mandatory or required land dedications and/or improvements to Police Public
Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities made by a Feepayer
subsequent to the effective date of this Ordinance shall be eligible to be credited on a pro rata basis
against Police Public Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities otherwise
due or to become due for the development that prompted the City to require such dedication(s) or
improvement(s) to Police Public Safety Facilities, Recreation Facilities, and Fire Public Safety
Facilities.
(b). A Feepayer may obtain credit against ail or a portion of Police Public Safety Facilities
Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees
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otherwise due or to become due by offering to dedicate or provide needed recreational equipment,
land/sites and/or construction needed for Police Public Safety Facilities, Recreation Facilities, and Fire
Public Safety Facilities. The offer must specifically request or provide for a Police Public Safety
Facilities Impact Fees or Recreation Facilities Impact Fees or Fire Public Safety Facilities Impact Fees
credit. Construction must be in accordance with applicable design standards as approved by the City.
If the City accepts such an offer, whether the acceptance is before or after the effective date of this
Ordinance, the credit shall be determined and provided in one (1) 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 (115%) 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:
(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 Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees improvements shall
submit acceptable engineering drawings and specifications and construction cost estimates to the City.
The City Manager shall determine credits for Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees based upon either these cost
estimates or upon alternative 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
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Section will be met and if the Feepayer posts security as required in this Ordinance 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 mount determined by the
City. Ifthe construction will not be constructed within one (1) year ofthe acceptance ofthe 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). Applicants for credit on the basis of the donation of recreational equipment shall
submit acceptable receipts or other proofs of payment to the City. The City Manager shall deteamine
credits for Police Public Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities based
upon documentation reviewed and found reliable by the City Manager.
(I). The decision of the City Manager as to whether to accept the proposal shall be in
writing and issued within sixty (60) calendar fi.om 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 oftbe Applicant and
Owner to execute, date and return such document within thirty (30) days shall nullify the credit. At~er
determination by the City Manager of the amount of credit and the timetable for completion or
transfer, the Applicant or Owner shall have the opportunity to withdraw the proposed plan.
(k). Credit against Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities 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 oftbe City.
(1). Credit against Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities Impact Fees otherwise due based upon the transfer of real
Page 16 of 29
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 a residential project or development to another
residential 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.
(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 ora maintenance
bond or other guaranty acceptable to the City. All forms relating to surety instruments shall be
subject to approval by the City.
(p). In the event the amount of the credit exceeds the amount of Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees
due from the Applicant or Owner, the City may agree, but is not obligated, to allow the use of the
excess credit by the Applicant or Owner for future Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees payments.
(q). A credit shall be given, when approved in accordance with this Ordinance, as a fixed
dollar deduction from the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees or Fire Public Safety Facilities Impact Fees as the Impact Fees become due and payable.
SECTION 11. CHANGES IN SI?.E AND USE.
Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public
Safety Facilities Impact Fees shall be calculated and imposed for the alteration, expansion or
replacement of a residential structure or the construction of an accessory building if the alteration,
expansion or replacement of the residential structure or the construction of an accessory building
results in a land use determined to increase the density of residential development. The Police Public
Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities
Impact Fees imposed shall be the Police Public Safety Facilities Impact Fees, Recreation Facilities
Impact Fees, and Fire Public Safety Facilities Impact Fees imposed under this Ordinance for the
structure or accessory building after construction, alteration, expansion or replacement, less the
Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, or Fire Public Safety
Facilities Impact Fees that would have been imposed for the land use prior to such alteration,
expansion, replacement or construction.
12. V~:ST~D RI{HTS.
Page 17 of 29
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 Ordinance, 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 Ordinance;
provided, however, that if the agreement is mended subsequent to the effective date of this
Ordinance 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 Impact Fees imposed by Section 5 shall be required to
be paid to the City as provided by this Ordinance on the increased net impact to the Police Public
Safety Facilities, Recreation Facilities, and Fire Public Safety Facilities.
SECTION 13. PAYMENT OF PARKS AND RECREATION LM~PACT FEES.
(a). Prior to the issuance of a Building Permit, a Police Public Safety Facilities Impact
Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees Statement shall
be issued to the Applicant for that proposed development. Such Police Public Safety Facilities Impact
Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees Statement shall
set forth the tentative Parks and Recreation Impact Fees due for the proposed residential
development.
(b). Except as otherwise specifically provided in this Ordinance, prior to the issuance ora
Building Permit, an Applicant shah pay the Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees as established in Section 5.
(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 Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public
Safety Facilities Impact Fees applicable to that portion of the development represented by each phase;
provided, however, that all Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities Impact Fees due shall be paid in full prior to issuance of the
final Building Permit. In the event that no agreement is executed for such phased construction, the
Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety
Facilities Impact Fees applicable to that portion of the development represented by such structure
shall be paid prior to the issuance of the Building Permit.
(d). Upon approval of the Mayor and City Commission, the City and the developer of an
affordable housing project may enter an agreement with the City on the basis of finding public
purpose which provides for the deferred payment of Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees under this Ordinance
that would otherwise be due and payable for a period of up to one hundred and eighty (180) days
from the date that the City issues a Building Permit for the project. In no instance shall such Police
Page 18 of 29
Public Safety Facilities Impact Fees, Recreation Fac'dities Impact Fees, and Fire Public Safety
Facilities Impact Fees be paid later than the issuance of the certificate of occupancy for the
development for which the Building Permit was issued. The developer/Applicant/Owner shall pay the
appropriate interest carBting costs resulting from the deferral of the payment of such Police Public
Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities
Impact Fees.
(e). In the event the rate of the Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees for a particular development is
changed subsequent to the issuance of a Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees Statement, the Police Public
Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities
Impact Fees rate calculated in the issued Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees Statement or payment provisions
set forth therein shall be the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities Impact Fees imposed for such development.
(f). In the event that the Mayor and City Commission determine that there is a valid public
purpose to allow deferral of the payment of Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees required by this Ordinance 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 Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact
Fees required under this Ordinance that would otherwise be due and payable; provided, however, that
the maximum period of deferment shall be for a period of one hundred eighty (180) days from the
date that the City issues a Building Permit for the project; provided, further, however, that in no event
shall the payment of Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees,
and Fire Public Safety Facilities Impact Fees be paid later than the issuance of a certificate of
occupancy for the development for which the Building Permit was issued. The
developer/Applicant/Owner shall pay the appropriate interest carrying costs resulting from the
deferral of such Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and
Fire Public Safety Facilities Impact Fees.
(g). The payment of the Police Public Safety Facilities Impact Fees, Recreation Facilities
Impact Fees, and Fire Public Safety Facilities Impact Fees shall be in addition to any other fees,
charges or assessments due for the issuance ora Building Permit.
(h). The obligation for payment of the Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees shall nm with the land.
However, this Section shall not be construed to relieve an Applicant or Owner of any responsibility or
liability for payment oftbe Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities Impact Fees imposed by this Ordinance.
Page 19 of 29
SECTION 14. COLLECTION OF POLICE PUBLIC SAFETY FACILH'~S IMPACT FEES,
RECREATION FACILIT~S IMPACT FEES, AND FIRE PUBLIC SAFETY FACILrr~ IMPACT FEES WHEN
NOT PAID BY MISTAKE, INADVERTENCE OR BY AGREEMENT.
(a). In the event the Police Public Safety Facilities Impact Fees, Recreation Facilities
Impact Fees, and Fire Public Safety Facilities Impact Fees are not paid prior to the issuance of a
Building Permit for the affected development, because of mistake or inadvertence, or if by mutual
consent the Applicant and the Owner and the City agrees to defer payment for up to sixty (60)
calendar days, the City shall proceed to collect the Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees as set forth in this
Section.
(b). If a Building Permit has previously been issued, the City shah serve, by certified mail,
return receipt requested, or hand delivery, a "Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees Statement Notice" upon the
Applicant at the address set forth in the application for a Building Permit, and the Owner at the
address appearing on the most recent records maintained by the Seminole County Property Appraiser.
The City shall also file a copy of the Police Public Safety Facilities Impact Fees, Recreation Facilities
Impact Fees, or Fire Public Safety Facilities Impact Fees Statement Notice in the Official Records
(Land Records) of Seminole County. Service of the Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees Statement Notice shall
be deemed notice of the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees,
and Fire Public Safety Facilities Impact Fees due and service shall be deemed effective on the date the
return receipt indicates the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, or Fire Public Safety Facilities Impact Fees Statement Notice was received by either the
Applicant or the Owner, or the date said Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees Statement Notice was hand
delivered to either the Applicant or Owner, whichever occurs first; provided, however, that should
none of these methods of service be successful, service shall be deemed effective on the date the copy
of the Parks and Recreation Impact Fees Statement Notice was filed in the Official Records of
Seminole County. The Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees,
or Fire Public Safety Facilities Impact Fees Statement Notice shall contain the legal description of the
property and shall, at a minimum, advise the Applicant and the Owner as follows:
(1) The amount due and the general purpose for which the Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees
were imposed;
(2) That administrative review pursuant to this Ordinance may be requested no
later than fifteen (15) calendar days from the date of receipt of the Police Public Safety Facilities
Impact Fees, Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees Statement
Notice, by making application to the City Manager;
Page 20 of 29
(3) That the City shall file a release of the Police Public Safety Facilities Impact
Fees, Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees Statement Notice
in the Official Records of Seminole County upon collection of payment in full;
(4) That the Police Public Safety Facilities Impact Fees, Recreation Facilities
Impact Fees, and Fire Public Safety Facilities Impact Fees shall be delinquent if not paid and received
by the City within fifteen (15) calendar days of the date the Police Public Safety Facilities Impact
Fees, Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees Statement Notice
is received, excluding the date of receipt or the Applicant has not entered into a binding recordable
agreement with the City, that would run with the land, to pay the Police Public Safety Facilities
Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees at the
time of issuance ora Building Permit. Upon becoming delinquent, such Parks and Recreation Impact
Fees shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until
paid; and
(5) That in the event the Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees becomes delinquent, a lien against
the property for which the Building Permit was secured shall be recorded in the Official Records of
Seminole County.
(c). The Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and
Fire Public Safety Facilities Impact Fees shall be delinquent if, within fifteen (15) calendar days fi.om
the date of the receipt of the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, or Fire Public Safety Facilities Impact Fees Statement Notice by either the Applicant or the
Owner, or the date said Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees,
or Fire Public Safety Facilities Impact Fees Statement Notice was filed in the Official Records the
Parks and Recreation Impact Fees have not been paid and received by the City, or the Applicant or
Owner has not entered into a binding, recordable agreement with the City that runs with the land, to
pay the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public
Safety Facilities Impact Fees within ten (10) calendar days of issuance of a Building Permit. Said time
periods shall be calculated on a calendar day basis, including Sundays and legal holidays, but
excluding the date of the earliest receipt of said Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, or Fire Public Safety Facilities Impact Fees Statement Notice. In
the event the last day falls on a Sunday or legal holiday, the due date shall be the next business day.
Upon becoming delinquent, a delinquency fee equal to ten percent (10%) of the total Police Public
Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities
Impact Fees imposed shall be assessed. The delinquent Police Public Safety Facilities Impact Fees,
Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees, plus the delinquency
fee, shall bear interest at the statutory rate for final judgments calculated in accordance with law, until
paid.
(d). Should the Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities Impact Fees become delinquent as set forth in this Ordinance,
Page 21 of 29
the City shall serve, by certified mail return receipt requested, a "notice of lien" upon the delinquent
Applicant if the building is under construction at the address indicated in the application for the
Building Permit, and upon the delinquent Owner at the address appearing on the most recent records
maintained by the Property Appraiser of Seminole County. The notice of lien shall notify the
delinquent Applicant and Owner that due to the failure to pay the Police Public Safety Facilities
Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees, the City
shall file a claim of lien with the Clerk of the Court.
(e). Upon mailing of the notice of lien, the City Manager shall file a claim of lien with the
Clerk of the Court for recording in the Official Records of Seminole County. The claim of lien shall
contain the legal description of the property, the amount of the delinquent Parks and Recreation
Impact Fees and the date of its imposition. Once recorded, the claim of lien shall constitute a lien
against the property described therein. Upon direction of the City Manager, the City Attorney shall
proceed to collect, foreclose or otherwise enforce the lien.
(f). Al~er recording the claim of lien, a suit may be filed to foreclose said lien. The
foreclosure proceedings may be instituted, conducted and enforced in conformity with the procedures
for the foreclosure of municipal special assessment liens, as provided in the Florida Statutes, which
provisions are hereby incorporated in their entirety to the same extent as if such provisions were set
forth verbatim or by means of such other method as may be available to the City under the provisions
of Florida law.
(g). Liens for delinquent Police Public Safety Facilities Impact Fees, Recreation Facilities
Impact Fees, and Fire Public Safety Facilities Impact Fees shall remain liens, coequal with the liens of
all State, County, district and municipal taxes, superior in dignity to all other subsequently filed liens
and claims, until payment is tendered to the City as provided herein and a satisfaction of lien
document is provided to the Owner or Applicant and recorded in the Official Records O-and 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 oftbe City or
any applicable law or administrative regulation oftbe State of Florida.
SECTION15. ADbflNISTRATIVE REVIEW PROCEI)URES/REMEOIES AVAILABLE TO
AVPLICnm's/Ow~v,S.
(a). An Applicant or Owner who is required to pay Police Public Safety Facilities Impact
Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees pursuant to this
Ordinance 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
Page 22 of 29
concerning the application or calculation of the appropriate Police Public Safety Facilities Impact
Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees pursuant to this
Ordinance.
(c). Except as otherwise provided in this Ordinance, such review shall be requested by the
Applicant or Owner within forty-five (45) calendar days, including Sundays and legal holidays, of the
date of receipt oftbe Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, or
Fire Public Safety Facilities Impact Fees Statement; provided, however, that a request must be filed
prior to the date of issuance of the Building Permit. Failure to request a review within the time
provided shall be deemed an irrevocable waiver of such right.
(d). A written request for review shall be filed with the City Manager. The request shall
contain, at a minimum, the following:
(1) The name and address of the Applicant or Owner;
(2)
daytime hours;
The telephone number at which the Applicant or Owner may be reached during
(3) The legal description of the property in question;
(4) If issued, the date the Building Permit was issued, the Building Permit number
and any other pertinent information identifying the Building Permit;
(5) The Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, or Fire Public Safety Facilities Impact Fees Statement number;
(6) A brief description of the nature of the development to be undertaken pursuant
to the Building Permit;
(7) If paid, the date the Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees were paid; and
(8) A complete statement of the reasons why the Applicant or Owner is requesting
the review including, at a minimum, all supporting information.
(e). Within fifteen (15) calendar days of receipt of such request, the City Manager shall
forward to the Applicant and Owner a written review and determination concerning the Police Public
Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities
Impact Fees assessed. Supplementation of information provided to the City Manager shall not be
permitted.
(f). The Applicant or Owner shall have fifteen (15) calendar days from the receipt of the
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written special review or; in the event of lack of response by the City Manager, thirty (30) days fi.om
filing of the request for review, whichever is later, to request a hearing pursuant to this Ordinance.
SECTION 16. REVieW HEARINGS AND PROCEDURES.
(a). An Applicant or Owner who is required to pay Police Public Safety Facilities Impact
Fees, Recreation Facilities Impact Fees, and Fire Public Safety Fac'dities Impact Fees pursuant to this
Ordinance shall have the right to request a review hearing by the Mayor and City Commission.
(b). Such heating shall be limited to the review of the following:
(1) The special review determination made by the City Manager concerning the
application or calculation of the appropriate Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees pursuant to this Ordinance or, in
the event of non-response of the City Manager, direct review concerning the application or
calculation of the appropriate Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities Impact Fees to be paid pursuant to this Ordinance;
(2) The failure to grant or granting an insufficient alternative Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees
pursuant to this Ord'mance;
(3) The failure to grant or the granting of insufficient credits pursuant to this
Ordinance.
(c). Except as otherwise provided in this Ordinance, such hearing shall be requested by the
Applicant or Owner within forty-five (45) days, including Sundays and legal holidays, oftbe earliest
date of the following, whichever is applicable:
(1) The Police Public Safety Fac'fifties Impact Fees, Recreation Facilities Impact
Fees, and Fire Public Safety Facilities Impact Fees special review determination;
(2) The determination as to the award/calculation of alternative Police Public
Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities
Impact Fees; or
(3) The determination as to the mount of a credit.
(d). Failure to request a hearing within the time provided shall be deemed an irrevocable
waiver of such right.
(e). The written request for hearing shall be filed with the office of the City Manager and
shall not exceed the request for relief made to the City Manager or contain new evidence or
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arguments, but shall contain, at the minimum, the following:
(1) The name and address of the Applicant and Owner;
(2) The legal description of the property in question;
(3) If issued, the date the Building Permit was issued and the Building Permit
number; and any other pertinent information identifying, the Building Permit.
(4) The Police Public Safety Facilities Impact Fees, Recreation Facilities Impact
Fees, or Fire Public Safety Facilities Impact Fees Statement number;
(5) A brief description of the nature of the development being undertaken pursuant
to the Building Permit;
(6) If paid, the date the Police Public Safety Facilities Impact Fees, Recreation
Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees were paid; and
(7) A complete statement of the reasons why the Applicant or Owner is requesting
the hearing including, at a minimum, any supporting information and site or construction plan(s).
(0. Upon receipt of such request, the City Manager shall provide a copy to the Mayor and
City Commission and schedule a bearin8 before the Mayor and City Commission at a regular meeting
or special meeting called for the purpose of conducting the heating and shall provide the Applicant
and Owner written notice of the time and place of the hearing. Such hearing shall be held within forty-
five (45) days of the date the request for heating was filed if practicable for the City as determined by
the City Manager.
(g). Such hearing shall be before the Mayor and the City Commission and shall be
conducted in a manner designed to obtain all information and evidence relevant to the requested
hearing. Formal rules of civil procedure and evidence shall not be applicable; provided, however, that
the hearing shall be conducted in a fair and impartial manner with each party having an oppommity to
be heard and to present information and evidence.
SECTION 17. POLICE PUBLIC SAFETY ]FACILITIES IMPACT FEES, RECREATION FACILrr~ ~:s
IMPACT F~S, AND FIRE PtrBL~C SAFETY FAC~Lrrn~s IMPACT FI~S ADVISORY
COMlV~Tr£E/REVIEWS OF ORDINANCE AND FACILITIES.
(a). The Mayor and the City Commission shah review, or cause to be reviewed, the Police
Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety
Facilities Impact Fees provided for in this Ordinance on a periodic basis as determined by the Mayor
and the City Commission.
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(b). The Mayor and the City Commission may appoint, by adoption of a resolution, a
Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, or Fire Public Safety
Facilities Impact Fees Advisory Committees for the purposes of periodically studying relevant data
related to growth and its impact on Police Public Safety Facilities Impact Fees, Recreation Facilities
Impact Fees, and Fire Public Safety Facilities Impact Fees and making recommendations based on
that study to the City Commission.
(c). The failure of the Mayor and City Commission to initiate its review in a timely manner
shall not affect the validity of this Ordinance.
(d). Police Public Safety Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire
Public Safety Facilities Impact Fees reviews shall consider changes in level of service requirements,
and standard amendments to the Comprehensive Plan, new estimates of population, new estimates of
costs related to the acquisition of land and recreational equipment for the City's Police Public Safety
Facilities Impact Fees, Recreation Facilities Impact Fees, and Fire Public Safety Facilities Impact Fees
necessitated by growth and shall suggest adjustments as may be believed to be necessmy relative to
the assumptions, conclusions or findings set forth in the new report or study.
(e). Notwithstanding the foregoing, this Ordinance and the Study, or subsequently issued
report(s) or study(ies), shall be reviewed by the Mayor and City Commission at least once every five
(5) years unless otherwise directed by the Mayor and City Commission. The failure of the Mayor and
City Commission to initiate its review in a timely manner shall not affect the validity of this
Ordinance.
SECTION 18. DECLARATION OF EXCLUSION FROM [q'LOR1DA ADMINISTRATIVE
PROCEDURES AcT/ADoFrlON OF RULES CITY I~O, NAGER.
(a). Nothing contained in this Ordinance shah be construed or interpreted to include the
City in the definition of agency contained in Section 120.52, Florida Statutes, or to otherwise subject
the City to the application of the Florida Administrative Procedures Act, Chapter 120, Florida
Statutes. This declaration of intent and exclusion shall apply to ail proceedings taken as a result of or
pursuant to this Ordinance.
(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 Ordinance.
(c). 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 Ordinance Number
3942 in a manner similar to the provisions of this Ordinance.
SECTION 19. SAVINGS.
(a). Article IV of Chapter 182 of the City of Sanford Code pertains to the City of
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Sanford's impact fees relating to Police Public Safety Facilities Impact Fees, Recreation Facilities
Impact Fees, and Fire Facilities Impact Fees and actions relative to enactment and taken and
implemented under said provisions are hereby ratified and affirmed.
(b). Ordinance Number 3942 amended Section 28-141 and Section 28-141 of the City of
Sanford Code relating to the City of Sanford's impact fees relating to water and sewer impact fees
and adopted the study entitled "Water/Sewer Impact Fee Study," dated June 13, 2005, as prepared by
Public Resources Group, Inc., Maitland, Florida, and such action is hereby ratified and affirmed as
well as ail actions implementing said ordinance.
SECTION 20. CON~'LICTS/I~PEa. LER.
repealed.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
(b). Section 18½-41, Section 18½-44, Section 18½-45, Section 18½-46(b), (c) and (d),
Section 18½47, Section 18½-48, Section 18½49, Section 18½-50, Section 18½-51, Section
18½-61, Section 18½-62, Section 18½-64, Section 18½-65, Section 18½-66, Section 18½-67(b),
(e) and (d), Section 18½-68, Section 18½-69, Section 18½-70, Section 18½-71, Section 18½-72,
Section 18½-81, Section 18½-83, Section 18½-85, Section 18½-86, Section 18½-87(b), (c)and (d),
Section 18½-88, Section 18½-89, Section 18½-90, Section 18½-91, and Section 18½-92 of the City
of Sanford Code are hereby repealed.
SECTION 21. SEV~R~BmrrY.
If any provision of this Ordinance or the application thereof to any person or circumstance is
held invalid, the remainder shall nevertheless be given full force and effect, and to this end the
provisions of this Ordinance are declared severable.
SECTION 22. CODIfICATION/RULES OF CONSTRUCTION.
(a). This Ordinance shall be codified in the Code of Ordinances of the City of Sanford,
Florida. The Code codifler is granted liberal authority to change the words "Ordinance" and other
words and the phrase "in this Ordinance" and other phrases to reflect the Part, Section, Article, etc.,
assigned in the Code, and to otherwise codify this Ordinance; provided, however, that Sections 19,
20, 21, 22, 23, and 24 of this Ordinance shall not be codified unless the Code codifier finds such
action necessary or desirable. The Study shall not be codified, but a copy of the Study shall be filed
with and maintained by the City Clerk. Al~er the time has run for collection of Parks and Recreation
Impact Fees under the provisions of Subsection 5(d), that provision may be uncodified and references
herein may be modified by the Code codifier as needed and appropriate.
(b). The code codifier is hereby specifically authorized to move provisions of the existing
provisions of the Code of Ordinances of the City of Sanford to distinguish substantive provisions
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fxom definitional provisions and to make other editorial changes of a similar nature.
(c). The code codifier is hereby specifically authorized to harmonize provisions of the
existing provisions of the Code of Ordinances of the City of Sanford to the provisions of this
Ordinance.
(d). For the purposes of the administration and enforcement of this Ordinance, unless
othen~ise stated in this Ordinance, the following rules of construction shall apply:
(1) In case of any difference of meaning or implication between the text of this
Ordinance and any caption, illustration, summary table, or illustrative table, the text shall control.
(2) The word "shall" is always mandatory and not discretionary and the word
"may" is permissive.
(3) Words used in the present tense shall include the future; and words used in the
singular shall include the plural and the plural the singular, unless the context clearly indicates the
contrary.
(4)
or "occupied for."
The phrase "used for" includes "arranged for," designed for," "maintained for,"
(5) Unless the context clearly indicates the contrary, where a regulation involves
two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or" or
"either... or," the conjunction shall be interpreted as follows:
events shall apply.
(A) "And" indicates that all the connected terms, conditions, provisions or
(B) "Or" indicates that the connected items, conditions, provisions or
events may apply singly or in any combination.
(C) "Either... or" indicates that the connected items, conditions, provisions
or events shall apply singly but not in combination.
(6) The word "includes" shall not limit a term to the specific example, but is
intended to extend its meaning to all other instances or circumstances ora similar kind or character.
(e). All time limits set forth in this Ordinance relative to the request for reviews, of
whatever nature, shall be jurisdictional and failure to invoke any remedy in a timely manner shall
result in the waiver of the fight to exercise that remedy.
SECTION 23. PENALT~,S.
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(a). Any person found to have violated the provisions of this Ordinance shall be subject to
the maximum penalties permitted by Section 162.21, Florida Statutes, or as otherwise may be
provided by law. The City may engage in any other code enforcement activities and processes, as it
deems appropriate under the circumstances including, but not limited to, enforcement in a court of
competent jurisdiction.
(b). Knowingly furnishing false information to the City Manager, or designee, or any City
official who is charged with the administration of this Ordinance on any matter relating to the
administration of this Ordinance, in addition to all other potential violations, shall constitute a
violation of this Ordinance. It is unlawful for any Applicant, Owner or agent for an Applicant or
Owner to knowingly furnish false information to the City Manager, or designee, or any City official
who is charged with the administration of this Ordinance on any matter relating to the administration
of this Ordinance.
SECTION 24. E~'~'[crlv~ DATI~. This Ordinance shallbecome effective immediately uponits
adoption.
PASSED aND ADOPTED this 10th day of July, 2006.
Attest:
CITY COMMISSION OF THE CITY OF SANFORD
g /nct Douf, htmy City
' Li~ida K~)hn, Mayor )
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a tree
and correct copy of the foregoing Ordinance No. 3997, PASSED AND ADOPTED by the City
Commission of the City of Sanford, Florida, on the loth day of July, 2006, was posted at the front
door &the City Hall in the City of Sanford, Florida, on the 12th day of July, 2006.
Yanet Dougherx*y (f
As the City Clerk &the City
of Sanford, Florida
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