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90-O-9 ........ " 'W ~ 90-0-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY REPEALING APPENDIX B, SUBDIVISIONS, ARTICLE IX, DESIGN STANDARDS, B (11) AND BY AMENDING CHAPTER 12.5, PARKS AND RECREATION BY CREATING ARTICLE III, SECTION 12.5-14, "PARK AND OPEN SPACE IMPACT FEES" BY PROVIDING FOR PARK AND OPEN SPACE IMPACT FEESi PROVIDING FOR DEFINITIONSi PROVIDING FOR A FEE SCHEDULEi PROVIDING FOR OPTIONAL SPECIAL STUDIESi PROVIDING FOR PAYMENT PROCEDURESi PROVIDING FOR CREDIT PROCEDURESi ESTABLISHING A PARK AND OPEN SPACE TRUST FUNDi PROVIDING FOR REFUNDSi ESTABLISHING FEES AS LIEN ON PROPERTYi PROVIDING FOR LIBERAL CONSTRUCTIONi CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, anticipated new development in the City of Edge- water requires an increase in park and open space lands and facil- ities to accomodate the needs of residents in new developmenti and, WHEREAS, the City has adopted an Open Space Element of its Comprehensive Plan which identifies the needs for park and open ~pace lands and facilitiesi and, WHEREAS, the City of Edgewater has determined that new development shall contribute its fair share of the cost of provid- ing new park and open space landsi and, WHEREAS, the City of Edgewater has determined that park and open space impact fees are an equitable and appropriate means to implement its parks and open space elementi and, WHEREAS, the fee schedule has been derived from a seven pag~ Technical Memorandum and Methodology prepared by James C. Nicholas, PhD, University of Florida, attached hereto as Appendix "A", and by reference incorporated herein with full force and effect as if fully set forth, and WHEREAS, this Ordinance is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to users as established by the Florida Supreme Court in the case of Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So. 2d 314 (1976); NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That Appendix B, Subdivisions, Article IX, 1 'W' """'" Design Standards, B (11) of the Code of Ordinances of the City of Edgewater is hereby repealed. SECTION 2. That Chapter 12.5, Parks and R -reation of the Cone of Ordinances of the City of Edgewater, is hereby amended by ~reating Article III, Section 12.5-14 to read as follows: ARTICLE III. PARK AND OPEN SPACE IMPACT FEE Section 12.5-14 - Park and Open Space Impact Fee This Ordinance shall be known and may be cited as the "Park and O~en Space Impact Fee Ordinance". Each person who shall apply for a City building permit for residential development shall pay a park and open space impact fee in the manner and the amount set forth in this section. Such fees shall be collected and used by the City only in such manner as set forth in this section. (a) Definitions. (1) "Capital Improvements" include land acquisition, site development, equipment or other facilities. (2) "Capital Costs" include planning, engineering, acquisi- tion and construction costs of capital improvements, but do not include routine maintenance costs. (3) A "Feepayer" is a person required under this Ordinance to pay the park and open space impact fee. A feepayer shall not include a city, ~ounty, state or federal agency. (4) "Residential Development" means any construction that creates one or more dwelling units. For purposes of this sec- tion, the term excludes a replacement of or addition to any exis- ting dwelling unit if no new net dwelling units are created. (b) No building permit shall become final and no certificate of occupancy shall be issued until any applicable park and open space fee shall be paid according to the following schedule, or as a result of a special study under paragraph (c) herein. Impact Fee Schedule LAND USE TYPE FEE $ Residential Single Family Detached 2 Bedroom or Less 355 2 .... ~ 3 Bedroom 380 4 Bedroom or more 470 Single Family Attached 2 Bedroom or Less 235 3 Bedroom or More 420 Multi-Family 2 Bedroom or Less 270 3 Bedroom or More 445 Mobile Home 1 Bedroom or Less 185 2 Bedroom 280 3 Bedroom or More 395 Hotel or Motel Per Room 285 (c) At the option of the feepayer, or if the City Council determines that the location, intensity or unusual nature of the use indicates that impacts on the park and open space lands will be substantially higher than those assumed in the fee schedule in paragraph (b), a special study may be used to compute the park and open space impact fee. The feepayer shall be responsible for the preparation of the special study, which shall follow standard methodologies and a format approved by the Planning Director. (d) The feepayer shall pay the park and open space impact fees at City Hall, which shall record receipt of the fee in the official public record of the City and, upon full payment of the fee, shall issue to the feepayer a certified copy of such record of receipt, which may be used by the feepayer as evidence of pay- ment. (e) Any conveyance of land or construction received and accepted by the City Council from a developer for park and open space purposes shall be credited against the impact fee due if the conveyance or construction meets the same needs as the impact fee. 1. If the developer wishes to receive credit against the amount of development impact fee due for such conveyance or con- struction, the developer shall enter into a fee agreement with the City Council. The fee agreement shall provide for establish- ment of credits and payment of the fee in a specified manner and time. 2. The value of land conveyed by a developer and accepted 3 W' ~ by the City for purposes of this section shall be determined by an appraisal based on the fair market value of the land, and the value of facilities constructed shall be based on the actual cost of facilities as established by the cost receipts provided by the developer. 3. Any land awarded credit under this section shall be con- veyed in fee simple no later than the time at which impact fee is required to be paid. Any construction shall be in accordance with City of Edgewater design standards. The portion of the im- pact fee represented by a credit for construction shall be deemed paid when the construction is completed and accepted by the City for maintenance or when adequate security for the completion of the construction has been provided. (f) Park and open space impact fees paid under the provi- sions of this section shall be used by the City exclusively for the purpose of park and open space capital improvements to meet the demand that new residential development creates. The City shall establish an earmarked Park and Ope~ Space Impact Fee Trust Fund into which all fees collected under this section shall be paid and from which all disbursements shall be made only in accor- dance with the purposes of this section. (g) Any funds collected under this section not expended or encumbered by the end of the calendar year immediately following six (6) years from the date on which the certificate of occupancy for the residential development was issued may be returned to the feepayer, at his election, with interest at the rate of six per- cent (6%) per annum. Provided, however, that any legal challenge to the payment of fees under this section shall toll the time under this paragraph for repayment of the fees. (h) Impact fees are a lien against the real property served and shall be levied, collected, and enforced in the same manner as are City real property taxes, and shall have the same priority and bear the same interest and penalties as City real property taxes for lien purposes. SECTION 3. The provisions of this Ordinance shall be lib- erally construed to effectively carry out its purposes in the 4 ,., ...., interest of the public health, safety, welfare and convenience. SECTION 4. That all ordinances or parts of ordinances and all resolutions in conflict herewith, be and the same are hereby repealed. SECTION 5. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. SECTION 6. This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. Thi~ Ordinance was introduced by Councilmeber Bennington This Ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, and approval as provided by law, at a Regular said Council held on the 19 day of March meeting of , 1990. The second reading of this Ordinance to be at a Regular meeting of the City Council of the City of Edgewater, Florida, to be held on the 2 April , 1990. day of ROLL CALL VOTE ON ORDINAN..;E NO. 90-0~/ / ',a//rtf?PC Mayor Excuse Councilman-Zone Three Ii ~~"--Wl Councilman-Zone Four SECOND READING: Excused 5 4GS ~ F ~- ,r' ( t___ ~ !cJ~ -r ~ r nance read and adopted on second reading at a meeting of the City Council of the City of Edge - and authenticated this end day of April , Mayo��