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HomeMy WebLinkAboutOrdinance No. 41-1993ORDINANCE NO. 41 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING CHAPTER 719, IMPACT FEES OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR LEVY AND PURPOSE; PROVIDING EXEMPTIONS; PROVIDING A SCHEDULE OF NEW IMPACT FEES; PROVIDING FOR THE PAYMENT OF FEES; REQUIRING ESTABLISHMENT OF CAPITAL EXPANSION TRUST FUNDS; REQUIRING THE ADOPTION OF CAPITAL EXPANSION PLANS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Chapter 719, IMPACT FEES of the City Code of Ordinances is hereby enacted as follows: CHAPTER 719 IMPACT FEES Sec. 719.01 Levy and Purpose In order to defray the cost of new or expanded parks and recreation, library, general government, police and fire and rescue services and equipment attributable to new construction, impact fees are hereby levied on such construction in accordance with the provisions of this Chapter. Sec. 719.03 Exemptions The impact fees imposed herein shall apply to all new construction within the city, except the following: A. Expansion of a residential dwelling unit, so long as no new dwelling unit is created thereby. B. Remodeling, repair, rebuilding or restoration of any structure, so long as no substantial additional impact to the services addressed in this Chapter, as determined by the City Manager and subject to the appeal to the City Council by an aggrieved applicant, is caused thereby. C. Construction of any nonresidential structure by any agency of federal, state, or local government. Sec. 719.05 Schedule of Impact Fees Impact fees upon new construction shall be established and are hereby imposed and levied to defray the cost of capital expenditures attributable to parks and recreation, library, general government, police and fire and rescue services. The amounts of the impact fees are contained on the Appendix attached to this Chapter. The City Council may, from time to time, revise the amounts of the impact fees by resolution. Sec. 719.07. Payment of Fees A. The impact fees imposed by this Chapter shall be paid in legal tender unless the City Council accepts an in- kind contribution of real or personal property for public use which serves the same public purposes as those for which the impact fees are imposed. Credit for such in -kind contribution shall be based upon the fair market value of that property as of the date the City Council accepts such offer of dedication. The appraised value of the property shall be verified by at least one competent independent opinion thereof. City of Cape Canaveral, Florida Ordinance No. 41 -93 Page 2 B. All impact fees shall be paid at the time of issuance of the building permit for such new construction. No building permit shall be issued for any structure subject to the impact fees imposed by this Chapter, unless and until all applicable impact fees have been received for such structure. Sec. 719.09. Partial Waiver Authorized A. The City Council may waive all or any portion of an impact fee required by this Chapter, if privately supplied parks and recreation, library, general government, police or fire and rescue services provided for the sole use of the residents or occupants of a project are of such a nature as to reduce the project's impact upon the City's capital needs for expansion of that particular public service. The amount waived under the authority of this provision shall not exceed the actual cost of such facilities, or one -half of the applicable impact fee, whichever is less, credited against that category of impact fees receiving such reduced impact. B. The parks and recreation services impact fee reduction for a residential project shall be based upon a minimum of 35 square feet of enclosed recreation area per dwelling unit and a maximum of 200 square feet of enclosed recreation area per dwelling unit. If those conditions are fulfilled, the waiver of one -half of the parks and recreation impact fee shall be granted. Sec. 719.11 Capital Expansion Trust Funds A. The following capital expansion trust funds are hereby established: (1) Parks and Recreation Services Special Revenue Fund; (2) Library Services Capital Expansion Special Revenue Fund; (3) General Government Services Capital Expansion Special Revenue Fund; (4) Police Protection Capital Expansion Special Revenue Fund; and (5) Fire Protection Capital Expansion Special Revenue Fund. B. Upon collection of the applicable impact fees imposed by this Chapter, the same shall be earmarked to ensure that the impact fees are ultimately expended in connection with the improvements for which they were paid, by crediting the impact fees to the appropriate capital expansion trust fund or account. Notwithstanding the foregoing, however, the designation and establishment of any capital expansion trust fund or account shall not be construed to require the establishment of any completely independent, self - balancing funds or accounts, as such terms are commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of the impact fees collected for certain purposes. The impact fees of the earnings thereon may be deposited immediately upon collection in five (5) separate interest bearing bank accounts established in the names of each of the capital expansion trust funds or accounts, a single, interest bearing bank account; an interest bearing bank account in which other funds of the City are on deposit; or any combination of the foregoing, provided that, in each City of Cape Canaveral, Florida Ordinance No. 41 -93 Page 3 case, the account or funds is with a depository authorized to receive deposits of City funds and that standard accounting records are maintained to reflect the earmarking of the monies therein for the various purposes of the capital expansion trust funds or accounts. The capital expansion trust funds or accounts shall be maintained on the books of the City as separate and distinct from all other funds and accounts of the City. Interest earned on the impact fees shall be credited to each of the capital expansion trust funds or accounts in the appropriate percentages. C. (1) Funds credited to each capital expansion account shall be used only for the purpose of expansion or acquisition of capital facilities or equipment for the particular service named in each account. Expenditures from each account shall be specifically approved by the City Council, shall be limited to the expansion or acquisition of such capital facilities, or for payments (including sinking fund payments) on bonds or other certificates of indebtedness executed for the purpose of expansion or acquisition of those facilities or equipment. Before authorizing an expenditure from any one of these trust accounts, the City shall determine that: (a) The expenditure is for capital facilities or equipment to be used for the purpose of such account; (b) The expenditure is required by new construction from which such funds were collected; and (c) The expenditure will result predominantly in a special benefit to new construction, as opposed to pre- existing uses. (2) The City shall have the right to modify or delete any of the proposed capital improvements or expenditures within each of the general categories of the improvements and specialized equipment reflected in any impact fee study report upon which the fees imposed hereby are based or to add capital improvements or expenditures within those general categories, provided that the total amount of impact fees credited to each of the applicable capital expansion trust funds or accounts are ultimately expended for the purposes of such capital expansion trust funds or accounts in the amount set forth in Sec. 719.05. Sec. 719.13. Capital Expansion Plans. A. The City Council shall adopt a capital expansion plan for each such trust account established in this Chapter. Such plans shall be reviewed annually during the budget review process. B. The impact fees imposed hereby shall be reviewed biannually. At such time the City Council shall analyze the projected construction within the City, the cost of any new or expanded capital facilities and equipment of parks and recreation, library, general government, and fire and rescue services which shall be generated by that construction, and the funds otherwise available to finance those costs. SECTION 2. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or City of Cape Canaveral, Florida Ordinance No. 41 -93 Page 4 invalid, such portion shall not affect the remaining provisions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 19th day of October , 1993. �� John Porter, MAYOR PRA TEM ATTT(EESST: / /.. 'O_Vn //�� —. with G. Miller, CITY CLERK Approved as to Form: )/2 /'. John R. Kancilia, CITY ATTORNEY First &8ding: 10/5/93 PbSb& 10/6/93 Advertsed; 10/8/93 S8COM Reading; 10/19/9: oc: 10/20/93 - Jim Morgan, Building Official; Deborah Haggerty, City Treasurer; Lt. McGee, Sheriff's Dept.; Chief Sargeant, Fire Dept.; Nancy Hanson, Recreation Director; Michael Gluskin, Public Works Director; Muni cipal Code Corporation.