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HomeMy WebLinkAboutOrdinance 90-03 ORDINANCE NO. QO-01 CITY OF OCOEE . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A POLICE IMPACT FEE; ADOPTING A FEE SCHEDULE; PROVIDING FOR TIME OF PAYMENT; PROVIDING DEFINITIONS; PROVIDING FOR AN ANNUAL REVIEW; PROVIDING FOR CREDITS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR A TRUST FUND; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: section 1. Short Title and Authoritv (A) This Ordinance shall be known and may be cited as the Police Impact Fee Ordinance. (B) The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article 8 of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. Section 2. Intent and Purpose (A) This Ordinance is intended to implement and be consistent with the City of Ocoee's Comprehensive Plan. (B) The purpose of this Ordinance is to ensure that new development pays a fair share of the anticipated costs of equipment and facilities necessary to provide police protection for new development. (C) This Ordinance is based upon a study by the Ocoee Police Department and Planning Department of the anticipated growth in the City of Ocoee and a proj ection of the equipment and facilities necessary to serve the anticipated growth. (D) The intent of the City commission is to periodically revise this Ordinance to adjust the fee schedule to reflect changes in growth patterns in the City of Ocoee and equipment and facilities necessary to provide police protection for new development. . Section 3. Fee Imposed: time of Payment Any person who, after the effective date of this Ordinance, seeks to develop land by applying for the issuance of a building permit for any residential or non-residential dwelling unit, as defined in section 5 herein, shall be required to pay a Police Impact Fee prior to the issuance of the building permit or any other development permit for the construction of any structure to be used for a residential or non-residential dwelling. - Page 2 Police Impact Fee Ordinance section 4. Fee Schedule The following Police Impact Fees are hereby assessed by the City and shall be collected by the city prior to issuance of a building permit or any other building permit for the construction of any structure to be used for a residential or non-residential dwelling in each district. . Impact Fee per Sauare Foot Residential Non-Residential $ .053 .061 section 5. Definitions For the purposes of this Ordinance, the following terms shall be defined as follows: "Residential Dwelling" shall mean each single family dwelling in each unit of a condominium, duplex, triplex, mobile home, modular housing, manufactured home, apartment or multiple dwelling structure designated as a separate dwelling for one or more persons, whether temporarily or permanently utilized or designed or intended to be utilized for human habitation. "Non-residential Dwelling" shall mean any structure which fully encloses space for the occupancy by persons or their activities other than residential dwellings including but not limited to professional buildings, commercial buildings, public assembly buildings or institutional buildings. Section 6. Annual Review of Police Impact Fee The City Manager shall report annually to the City commission indicating the amount of fees collected under this Ordinance and the amount of fees distributed. The City commission shall review the report of the City Manager and continue or adjust the Police Impact Fee as appropriate. . Section 7. Credits (A) An applicant shall be entitled to a credit against the Police Impact Fee assessed pursuant to this Ordinance in an amount equal to the cost of improvements which create excess capacity for the general public, or contributions to the City of land, money, facilities, equipment, or services by the Applicant or his predecessor in interest as a condition of any Development Agreement entered into with the city. Such credit shall be based on the following criteria: Page 3 Police Impact Fee Ordinance i) The actual cost, or estimated cost based on recent bid sheet information of the city of Ocoee or Orange County, of off-site related improvements. Improvements eligible for a credit are those improvements proposed that will benefit not only the dwellings on-site, but also the general public. Improvements not eligible for a credit are those facilities that are privately owned or that serve only the dwellings within the development. . ii) The actual cost, or estimated cost of improvements based on recent bid sheet information of the City of Ocoee or Orange County with respect to that portion of on-site improvements which create excess capacity for the general public iii) The contribution of land, money, facilities, equipment or services by the Applicant for improvements to the City's Police Department which create excess capacity for the general public. Services must relate directly to the provision of land, facil i ties, or equipment. The credit for land contributed will be based on a pro rata share of the appraised land value of the parent parcel as determined by an M. A. I . appraiser selected and paid for by the Appl icant and approved by the Development Review Committee, or based on such other method as may be mutually agreed upon by the Applicant and the Development Review Commi ttee. In the event the Development Review Committee disagrees with the appraised value, the City may select and pay for another appraiser and the credit shall be an amount equal to the average of the two appraisals. . iv) Unless otherwise provided in a Development Agreement between the city and the Applicant or his predecessor in interest, no credit for contributions or donations made prior to the effective date of this Ordinance shall be granted unless the cost of the improvements were paid for or the contributions were made within the two years prior to the Effective Date of this Ordinance. v) No credit shall exceed the amount of the Police Impact Fee assessed under section 4 above. Page 4 Police Impact Fee Ordinance vi) No credit shall be allowed for private security measures or personnel or improvements with only an indirect benefit for police protection. . (B) The amount of the credit shall be determined by the Development Review Committee, provided, however, that the determination may be appealed to the City Commission, whose decision shall be final and binding on the Applicant. (C) Any credit issued pursuant to this section may be transferred by the Applicant to any successor in interest in the property. section 8. Exemptions The following shall be exempt from payment of the Police Impact Fee: (A) Those residential or non-residential dwellings which have been issued a building permit or certificate of occupancy prior to the effective date of this Ordinance. (B) Additions to or expansions of single family dwellings. section 9. Establishment of Trust Fund The Police Impact Fees collected by the City pursuant to this Ordinance shall be kept separate from other revenues of the City. Funds withdrawn from this account must be used solely in accordance with the provisions of this Ordinance. The disbursal of funds shall require the approval of the city Commission. Section 10. Use of Police Impact Fees . (A) The funds collected by reason of establishment of the Police Impact Fee in accordance with this Ordinance shall be used solely for the purpose of acquisition of facilities and equipment determined to be needed to provide police protection for new development within the City. (B) All funds shall be used exclusively within the area from which they were collected and in a manner consistent with the principles set forth in Florida Statutes and case law and otherwise consistent with all requirements of the constitution of the united States and the State of Florida. Said funds shall not be used to maintain or repair existing police facilities or equipment or to acquire facilities or equipment to serve existing development. (C) Any funds on deposit not immediately necessary for expenditure shall be invested in an interest bearing account. All income derived shall be deposited in the appropriate Police Impact Fee Trust Fund. Page 5 Police Impact Fee Ordinance section 11. Penalty violation of this Ordinance shall constitute a misdemeanor enforceable in accordance with section 1.8 of the City Code or by an injunction or other legal or equitable relief in the Circuit Court against any person violating this Ordinance or both civil injunctive and criminal relief. . section 12. Severability If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portion hereto. Section 13. Effective Date This Ordinance shall become effective immediately upon its passage by the city of Ocoee Commission. PASSED AND ADOPTED this 6th day of February , 1990. Advertised Januarv 25 , 1990 Read First Time January 16 , 1990 Read Second Time and Adopted February 6 , 1990 Approved: CITY OF OCOEE, FLORIDA BY'~ . ter Dabbs, Jr. r ATTEST: . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO THE FORM AND LEGALITY: i 'tf:: r~J A" rY THIS ,:> DAY OF 'rOW1 ....(~J /' 1990 Foley & Lardner, van den Berg, Gay, B~~~S~~ & r;r~n By: {1~ I~ City Attorney