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HomeMy WebLinkAboutChapter 537: Impact FeesCodified Sept 91 ORDINANCE NO. 27-90 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 537, IMPACT FEES, OF THE CODE OF ORDINANCES (LAND DEVELOPMENT REGULATIONS) BY REPEALING SECTION 537. 05 IN ITS ENTIRETY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Cana- veral, Brevard County, Florida, as follows : SECTION 1 . Chapter 537, Impact Fees, of the the Code of Ordinances (Land Development Regulations ) is hereby amended by repealing Section 537. 05, Fire Schedule for Structure to House Aerial Type Fire Truck, in its entirety. SECTION 2. All portions of the Code in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of September 1990. [Joy C. Salamone's signature] Mayor ATTEST: First Reading 8-21-9 0 [City Clerk's signature] Posted: 8-22-90 city Clerk Advertised: 8-24-90 Second Reading: 9-4-90 Approved as to Form: NAME YES NO [City Attorney's signature] ARABIAN X City Attorney PORTER X RANDELS X SALAMONE X THURM X § 537. 01 IMPACT FEES § 537.05 CHAPTER 537 IMPACT FEES Sec. 537 .01 Fire Protection Impact Fees Established. There shall be an impact fee established to provide the Cape Canaveral Fire Department with an aerial type fire truck and a structure to house the aerial type fire truck. [Ord. No. 19-85, § 1 , 2 Apr 85; Ord. No. 23-85, § 1 , 7 May 85] Sec. 537 .03 Fee Schedule for Aerial Type Fire Truck. The impact fee to provide the Cape Canaveral Fire Department with an aerial type fire truck, is hereby established as follows: A. All commercial projects in excess of fifty thousand ( 50, 000) square feet or twenty-five ( 25) feet in height shall be charged an impact fee of five cents ( $ . 05) per square foot of the total project. B. All industrial projects in excess of twenty-five thousand ( 25 , 000) square feet or twenty-five ( 25) feet in height shall be charged an impact fee of five cents ( $ . 05) per square foot. C. All residential buildings in excess of two ( 2) stories, shall be charged an impact fee of two hundred dollars ( $200.00) per unit. D. All hotels and motels in excess of two ( 2) stories shall be charged an impact fee of two hundred dollars ( $200 .00) per unit. [Ord. No. 19-85, 5 1 , 2 Apr 85] 1 § 537 . 05 IMPACT FEES § 537 . 11 Sec. 537. 07 Fee Schedule Revision. The impact fee schedules may be amended, from time to time, by Resolu- tion. [Ord. No. 19-85, § 3, 2 Apr 85] Sec. 537 .09 Payment of Impact Fees. Impact fees shall be due and payable at the time a building permit is issued by the City. No Certificate of Occupancy or City license shall be issued until the impact fee is paid in full. [Ord. No. 19-85, § 4, 2 Apr 85] Sec. 537. 11 Fire Protection Trust' Fund Established . All impact fees collected by the City shall be depos- ited in and separately accounted for in a Fire Protection Trust Fund. Expenditures from the Fire Pro- tection Trust Fund shall be approved by the City Council. [Ord. No. 19-85, § 5, 2 Apr 85] ORDINANCE NO . 10-73 (As Amended) AMENDED 4-75 Chapter 535 AN ORDINANCE ESTABLISHING A SEWER CONNECTION ASSESSMENT ON ALL NEW CONSTRUCTION IN THE CITY OF CAPE CANAVERAL, FLORIDA TO DEFRAY THE COSTS AND EXPENDITURES OF OPERATING AND MAINTAINING THE CITY SEWER SYSTEM; PROVIDING A SCHEDULE OF CONNECTION RATES ; PROVIDING FOR THE COLLECTION OF SAME ; PROVIDING AN EFFECTIVE DATE . WHEREAS , in order to efficiently operate and maintain in good condition the City of Cape Canaveral sewer system and to always pay for the operational expenses of transmission and treatment of sewage and related expenses and any projected expansion and/or up- grading of the sewer system and upon the recommendation of the City consulting engineers regarding additional cost for each new con- struction unit in the City, the City Council of the City of Cape Canaveral , Florida deems it necessary to establish an assessment on every new sewer connection to the city sewer system ; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AS FOLLOWS : Sec. 535.01 Sewer Connection Assessment Established SECTION 1 . There sall be paid—an assessment to defray the cost and expense of transmission and treatment of sewage and related systems and for necessary equipment , repairs , replacement and additions and for any new sewer plant expansion for the City of Cape Canaveral , Florida sewer system on all new construction in the City, as follows : each single family dwelling unit $300.00 each residential unit of a multiple family unit, duplex , triplex , and/or apartment unit 200.00 each mobile park space 200.00 each campground park space 50.00 each hotel or motel room 100.00 each seat in restaurant without lounge 15.00 each seat in lounge and bar 8.00 each washing machine located in a laundromat 300.00 other commercial units will be based on units of 200 gallons of water per day at $300 . 00 per unit , as determined by the Building Official . 10-73 §1, 3 [illegible]. 1973 SECTION 2., The assessments as set forth herein shall be payable prior to the issuance of a Sewer Permit and Building Permit. SECTION 3 . No certificate of occupancy or City License • shall be issued until the assessment as herein set forth has been paid in full . SECTION 4 . All Ordinances or parts of Ordinances or Resolutions in conflict herewith , are hereby repealed . OR 10-73 PAGE 1 OF 2 SECTION 5 . This Ordinance shall become effective immed- iately upon its adoption . ADOPTED by the City Council of the City of Cape Canaveral , Florida , this 3rd day of April , 1973 [Mayor's signature] Mayor Attest : [City Clerk's signature] City Clerk Approved as to form: [Sponsor's signature] [City Attorney's signature] Sponsor City Attorney First reading March 20 , 1973 Second reading April 3 , 1973 Posted March 21 , 1973 OR 10-73 PAGE 2 OF 2 History File Chapter 537 Building Official F CITY OF CAPE CANAVERAL R 105 POLK AVENUE • P.O. BOX 326 O CAPE CANAVERAL, FL 32920 M (407) 783-1100 SUBJECT DATE FIRE IMPACT FEES 9-5-90 MESSAGE On 9-4-90 the City Council adopted Ordinance No. 27-90 which repealed Section 537.05 of the Fire Impact Fee Ordinance. Please note that only the section pertaining to the Housing of the Fire Truck was repealed (Section 537.05) . The rest of the Ordinance remains in effect. [Jan Leeser's signature] cc: City Manager SIGNED Jan Leeser, City Clerk SEND WHITE COPY RETAIN YELLOW COPY File Ord. History File Chapter 537 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1100 CITY OF CAPE CANAVERAL May 1 , 1990 MEMORANDUM To: City Manager From: Finance Director RE: STATUS OF FIRE PROTECTION TRUST FUND The following is a breakdown of principal and interest outstanding as of 3-31-90 : AERIAL FIRE TRUCK - ORIGINAL COST $376, 965. 00 Outstanding Principal $257, 846 . 41 Interest Expense 1, 607. 56 TOTAL DUE ON AERIAL: $259 , 453 . 97 AERIAL TRUCK BUILDING - ORIGINAL COST $63 ,308 . 00 Outstanding Principal $63, 308. 00 Interest Expense $ 9 , 489 . 63 TOTAL DUE ON BUILDING: $72, 797. 63 FEES COLLECTED FISCAL YEAR 1989-90 Aerial Fire Truck $ 1, 835. 15 Aerial Building 1, 810. 55 Canaveral Port Authority 50, 000. 00 So far this year some progress has been made in reducing the debt on the Aerial Fire Truck. City Manager May 1, 1990 Page 2 As for the building , the interest expense is greater than the fees collected. As talked about during last year ' s Budget Workshops , I would like the City Council to repeal Chapter 537 , Section 537 . 05 , Impact Fees for Aerial Fire Truck Building and would request an increase for the truck impact fee, so the City can continue to properly manage this debt. [Bennett Boucher's signature] Bennett Boucher BB/ab FIRE SERVICES Impact Fee Study City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 August 23, 1985 MEMORANDUM TO: Fred Nutt, City Manager SUBJECT: Undeveloped Land Within The City of Cape Canaveral The purpose of this letter is to inform you that a very careful study has been made by the Building Department on the undeveloped land located within the R-3 zoning classification. This study may be used in determining the maximum number of dwelling units subject to construction within this area. The following projects have received approval from the Planning and Zoning Board for construction; however, permits have yet to be issued: No. of No. of No. of Bldgs. Stories Units Canaveral Bay 2 3 36 The Oaks Condominium 1 5 25 Costa del Sol 2 5 70 Club Atlantis 6 5 180 Villages of Seaport 5 4 160 Treasure Island 11 5 374 Treasure Island 1 3 20 865 Approximately sixty-five (65) acres of undeveloped land lies within the R-3 zoning classification located westerly of A1A. Approximately fifty-eight (58) acres of undeveloped land lies easterly of Ridge- wood Avenue. The estimated total of undeveloped land for which project approval has not been obtained from the Planning and Zoning Board equals one hundred twenty- three (123) acres. M-1 ZONE 1845 Approximately 52 acres of undeveloped property lies easterly of North Atlantic Avenue. Mr. Fred Nutt August 23, 1985 Page Two Approximately sixty-five (65) acres of undeveloped land lies westerly of westerly of North Atlantic Avenue. The estimated total of undeveloped land for which project approval has not been obtained from the Planning and Zoning Board equals one hundred seventeen (117) acres. C-1 ZONE Approximately sixty-seven (67) acres of undeveloped land lies westerly of AlA. Approximately twenty-eight and one-half (28.5) acres of undeveloped land lies easterly of AlA. The estimated total of undeveloped land for which project approval has not been obtained from the Planning and Zoning Board equals ninety-five and one-half (95.5) acres. R-2 ZONE There is approximately twenty-seven (27) acres of land lying within this zoning classification. 405 R-1 ZONE Undeveloped land within this zoning classification is virtually exhausted. [Artis A. Gunn's signature] i Artis A. Gunn Building Official AAG:ebh File History File Chapter 537 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL July 31, 1986 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER RE: USE OF FIRE IMPACT FEES All Fire Protection Impact Fee collections are deposited in the Fire Protection Trust Fund, and any expenditures from the Fund must be approved by the City Council. When the aerial fire truck was approved by the Council to be purchased from impact fees, no provision was made for the borrowing of funds from other sources and repayment from impact fee collections. To clarify Council ' s intent, and to avoid any comments from our auditors, the Council needs to officially authorize that proceeds from the Fire Protection Trust Fund may be used to repay loans and advances from other City funds. Also, the addition to the City Hall Annex was constructed to house the aerial fire truck and to be funded from the impact fee. As a use for the area has not been established, proceeds of Fire Protection Trust Fund would not be available for the construction costs. An appropriation from the General Fund balance would be required to close the Construction in Progress account. It is recommended that the City Council authorize the expenditure from the General Fund balance for the construction of the addition to the City Hall Annex. [Frederick C. Nutt's signature] Frederick C. Nutt FCN:ab City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 June 26, 1986 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER RE: FIRE PROTECTION IMPACT FEES At a previous City Council meeting, some discussions took place regarding the City' s Fire Protection Impact Fee, and the possibilities of increasing the amount of the fee. The present Impact Fee is based upon the construction anticipated to occur in the future that would necessitate expenditure of funds for purchase of items identified in the Impact Fee ordinances. Any changes in the amount of the fee charged should only be made after a thorough analysis of the re- lationship of the impact of new development upon the services provided by the City. A review of the law relating to impact fees by the City Attorney should be included in the analysis. [Frederick C. Nutt's signature] Frederick C. Nutt FCN:ab LDR Codification May 1990 § 537. 01 IMPACT FEES § 537.05 CHAPTER 537 IMPACT FEES Sec. 537. 01 Fire Protection Impact Fees Estab- lished. There shall be an impact fee established to provide the Cape Canaveral Fire Department with an aerial type fire truck and a structure to house the aerial type fire truck. [Ord. No. 19-85, § 1, 2 Apr 85; Ord. No. 23-85, § 1, 7 May 85 ] Sec. 537. 03 Fee Schedule for Aerial Type Fire Truck. The impact fee to provide the Cape Canaveral Fire Department with an aerial type fire truck, is hereby established as follows: 1. All commercial projects in excess of fifty thousand (50,000 ) square feet or twenty-five (25) feet in height shall be charged an impact fee of five cents ($ .05) per square foot of the total project. 2. All industrial projects in excess of twenty- five thousand (25,000 ) square feet or twenty- five (25) feet in height shall be charged an impact fee of five cents ($ . 05) per square foot. 3. All residential buildings in excess of two (2 ) stories, shall be charged an impact fee of two hundred dollars ($200. 00) per unit. 4 . All hotels and motels in excess of two (2 ) stories shall be charged an impact fee of two hundred dollars ($200. 00) per unit. [Ord. No. 19-85, § 1, 2 Apr 85 ] Sec. 637. 05 Fee Schedule for Structure to House Aerial Type Fire Truck. Five percent ( 5% ) or ten dollars ($10. 00) per unit of the impact fee specified in Sec. 537.03 is hereby established as being used to defray the cost of the new fire house, which portion was required by the purchase of an aerial type fire truck. In addition, to defray the cost of the said structure, the following fee schedule is hereby established for all new construction not addressed in Sec. 537. 03: § 537. 05 IMPACT FEES § 537.11 1. There shall be a charge of ten dollars ($10.00) per unit for all residental units. 2. There shall be a charge of one cent ($ . 01 ) per square foot for all commercial and industrial projects. 3. There shall be a charge of ten dollars ($10.00 ) per hotel/motel unit. [Ord. No. 23-85 , § 2, 7 May 85; Ord. No. 28-85, § 1, 21 May 85 ] Sec. 537. 07 Fee Schedule Revision. The impact fee schedules may be amended, from time to time, by Resolution. [Ord. No. 19-85, § 3, 2 Apr 85 ] Sec. 537. 09 Payment of Impact Fees. Impact fees shall be due and payable at the time a building permit is issued by the City. No Certificate of Occupancy or City license shall be issued until the impact fee is paid in full. [Ord. No. 19-85, § 4, 2 Apr 85 ] Sec. 537. 11 Fire Protection Trust Fund Estab- lished. All impact fees collected by the City shall be deposited in and separately accounted for in a Fire Protection Trust Fund. Expenditures from the Fire Protection Trust Fund shall be approved by the City Council. [Ord. No. 19-85, § 5, 2 Apr 85 ] ORDINANCE NO. 23-85 AN ORDINANCE AMENDING ORDINANCE NO. 19-85 OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ES- TABLISHING THE DISTRIBUTION OF THE IMPACT FEE BETWEEN THE AERIAL TYPE FIRE TRUCK AND THE STRUCTURE TO HOUSE THE AERIAL TYPE FIRE TRUCK; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral has an obligation to provide its citizenry with adequate fire protection; and WHEREAS, the City of Cape Canaveral is undergoing rapid growth which includes construction of multi-story buildings and such multi-story buildings and large commercial projects require specialized firefighting equipment; WHEREAS, the aerial type fire truck requires an enlarged fire house; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Section 1 of Ordinance No. 19-85 is hereby deleted in its entirety and replaced with the following: Sec. 1. There shall be an impact fee established to provide the Cape Canaveral Fire Department with an aerial type fire truck and a structure to house the aerial type fire truck. SECTION 2 . Sections 6 and 7 of said Ordinance shall be renumbered to read: Sections 7 and 8 . A new Section 6 shall be added thereto, as follows: Sec. 6. Five percent ( 5% ) or $10. 00 per unit of the impact 637.07 fee is hereby established as being used to defray the cost of the new fire house which portion was required by the purchase of an aerial type fire truck. SECTION 3 . All portions of the Code in conflict herewith are hereby repealed. SECTION 4 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1985 . Mayor ATTEST: City Clerk Approved as to Form: