2012-O-03 ORDINANCE NO. 2012 -0 -03
AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING
AND RESTATING THE POLICY TO TEMPORARILY
REDUCE/WAIVE APPLICABLE SIDEWALK, FIRE/EMS,
POLICE AND TRANSPORTATION/ROAD IMPACT FEES BASED
ON JOBS CREATED; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE/TERMINATION DATE.
WHEREAS, Article VIII s. 2(b) of the State Constitution states municipalities shall have
the governmental powers to enable them to conduct municipal government, perform municipal
functions and render municipal services, and may exercise any power for municipal purposes,
except when expressly prohibited by law; and
WHEREAS, the City Council adopted Ordinance No: 2004 -0 -39 on December 6, 2004
to facilitate the appropriation of funds necessary to meet future demands for the continued
similar level of service for Transportation /Roadway; and
WHEREAS, the City Council adopted Ordinance No: 2003 -0 -15 on January 5, 2004 to
facilitate the appropriation of funds necessary to meet future demands for the continued
similar level of service for Sidewalks; and
WHEREAS, the City Council adopted Ordinance No: 2001 -0 -01 on March 19, 2001 to
facilitate the appropriation of funds necessary to meet future demands for the continued
similar level of service for Fire /Ems; and
WHEREAS, the City Council adopted Ordinance No: 2003 -0 -15 on January 5, 2004 to
facilitate the appropriation of funds necessary to meet future demands for the continued
similar level of service for Police; and
WHEREAS, on September 13, 2010 the City Council adopted Ordinance No: 2010 -0 -16
established a policy that temporarily reduced Impact Fees for Fire /EMS, Sidewalks, Police
and Transportation /Roadway; and
WHEREAS, on July 18, 2011 the City Council authorized an extension of the
originating Ordinance No: 2010 -0 -16 that temporarily reduced Impact Fees for Fire /EMS,
Sidewalks, Police and Transportation /Roadway. The extension was for an additional
1 -year period identifying September 30, 2012 as the termination date; and
WHEREAS, the City Council desires to enhance economic development by reducing
impact fees for non - residential development and non - residential redevelopment that will
encourage the creation of additional jobs; and
WHEREAS, the City Council desires to continue the temporary policy to allow for the
adjustments to the assessment and collection of all non - residential impact fees in order to
stimulate the non - residential growth in the City of Edgewater; and
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WHEREAS, the City of Edgewater Economic Development Board has determined the
need for additional industrial development in order to attract larger industrial /manufacturing
industry that would create additional jobs for the area; and
WHEREAS, the City of Edgewater Economic Development Board has determined that
there is a need to have an inventory of available industrial buildings for those interested in
locating within the Edgewater area and require a completed industrial /manufacturing building to
facilitate an immediate start-up; and
WHEREAS, during the Economic Development Board meeting on March 7, 2012 the
Board unanimously requested for the City Council to amend the present policy to temporarily
waive all Transportation/Road Impact fees for structures over 10,000 square feet located in an
Industrial Zoned area; and
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. ESTABLISHING POLICY TO TEMPORARILY ALLOW FOR
ADJUSTMENTS TO THE ASSESSMENT AND COLLECTION OF
ALL NON - RESIDENTIAL IMPACT FEES AS SET FORTH
BELOW:
Section 1. All new development and redevelopment of non - residential properties that
will create additional Full Time Equivalent (FTE) jobs will be eligible for a reduction from the
referenced impact fees. A Full Time Equivalent (FTE) job is considered to be jobs offered at 32-
hours or greater in a one week period. Application for construction of the new development or
redevelopment upon which a reduction in impact fees is sought shall occur within 30 days of this
agreement and construction shall start within 90 days from the effective date of the issuance of
any development orders /approvals and must be completed within 12 months from the date of
commencement of construction. Additionally, any structure over 10,000 square feet located in an
Industrial Zoned Area shall have all Transportation/Road Impact Fees waived.
Section 2. The reduction will be equivalent to $2,000 for each FTE job created and
cannot exceed the sum total of the eligible referenced impact fees. The reduction will be equally
divided among the applicable referenced impact fees.
Section 3. FTE created jobs receiving the impact fee reduction must be continuously
retained for a 12 month period after construction is completed. The City will record a lien against
to the real property that the project is associated with equal to the sum total of the impact fees
that had received the reduction based on the number of jobs created. If the FTE jobs created are
not retained for a twelve month period or any other condition related to the reduction is not met,
then the appropriately adjusted reduced impact fee shall become immediately due and payable
dating back to the date the adjusted fees would have been assessed. Once the adjusted impact
fees are satisfied, the City will release the liens associated with the reduced portion of the impact
fees.
Section 4. Any person or entity seeking a reduction in impact fees as described
herein shall file with the City an application for reduction, prior to receiving a building permit
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for the new development. The application shall, at a minimum, contain; 1) the name and address
of the applicant, 2) an up -to -date, complete legal description of the site upon which the
development is proposed to be located, 3) the nature of the business and the estimated number of
FTE jobs anticipated to be created by the new development. Applicants must execute an
agreement with the City of Edgewater describing the FTE jobs to be created and agree to
reimburse the credited impact fee reduction if 1) construction is not commenced within 90 days
of the effective date of the development orders /approvals, 2) construction is not completed
within 12 months from the date of commencement of construction and 3) the FTE jobs created
are not continuously retained for the entire 12 month period. In the event only a portion of the
FTE jobs anticipated to be created are not retained for the entire 12 month period, only that
portion of impact fee reduction associated with those FTE jobs will be due and payable and the
Applicant shall maintain the benefit of the reduction for those FTE jobs which are indeed
retained for the entire 12 month period. The required timeframes may only be extended by the
City after approval by the City Council and execution of an amendment to the agreement by both
the City and the Applicant.
Section 5. Applicants must agree to supply any documentation requested in order to
justify and/or confirm the maintenance of the FTE jobs. Referenced documentation may be
requested at any time throughout the agreement period.
Section 6. Applicants will be responsible for any disclosure of tax requirement
affiliated with the reduction of impact fees affiliated with the creation of the FTE jobs.
Section 7. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 8. This ordinance shall become effective immediately upon adoption and
shall expire on September 30, 2013. Upon expiration, all impact fees payable in accordance with
the City's impact fee ordinances shall be again due and payable upon all new development and
redevelopment projects. Only those development or redevelopment projects with a fully
executed agreement on or before the date of expiration shall remain eligible for a reduction in
impact fees as described herein provided the terms of the agreement are met and continue to be
met.
Section 9. The expiration of this ordinance may be extended in periods not to exceed
one (1) year periods by the City Council provided the City Council approves the extension prior
to its expiration.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
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PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D. EFFECTIVE DATE/TERMINATION DATE.
That this ordinance shall become effective upon its final adoption and shall terminate on
September 30, 2013.
PART E. ADOPTION.
After Motion to approve by Councilman Kennedy with Second by Councilman Emter,
the vote on the first reading of this ordinance held on April 2, 2012 was as follows:
AYE NAY
Mayor Mike Thomas EXCUSED
Councilman Justin Kennedy X
Councilwoman Gigi Bennington X
Councilman Michael Ignasiak X
Councilman Gene Emter X
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, the vote on second reading of this ordinance held on May 14, 2012, was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Justin Kennedy
Councilwoman Gigi Bennington
Councilman Michael Ignasiak
Councilman Gene Emter
PASSED AND DULY ADOPTED this 14th day of May, 2012
ATTEST:
^L -Mrv.in. xlon p
Bonnie Wenzel
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Kundid
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CITY COUNCIL OF THE
CI OF EDGE T DA
Mike TI omas
ayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 14th day
of May, 2012 under Agenda Item No. M .
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