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HomeMy WebLinkAboutOrdinance 2010-003 Road Impact Fee Deferral ORDINANCE NO2010-003 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO ROAD IMPACT FEES; ADOPTING A NEW SECTION 87-3.1 PROVIDING FOR THE TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS , current economic conditions and the difficulty in obtaining project financing has adversely impacted the ability of developers to proceed with commercial, multifamily and single-family housing projects; and WHEREAS , the Road Impact Fee Ordinance requires that road impact fees be paid at the time of issuance of a building permit for a new building; and WHEREAS , the City has received input suggesting that some of the economic challenges associated with commencing new projects could be addressed in part by deferring the timing of the payment of road impact fees; and WHEREAS , the City Commission has determined that a temporary deferral of the timing of the payment of road impact fees is likely to accelerate the economic recovery within the city and facilitate the ability of developer’s to move forward with commercial, multifamily and single- family housing projects; and WHEREAS , the City Commission has determined that such a temporary deferral will not adversely impact the ability of the City to meet its financial obligations. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: ORLA_1530864.1 SECTION 1.Authority . The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Section 87-3.1 of Article I of Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: Section 87-3.1 Temporary Deferral of road impact fee payments. (A) In lieu of the payment of road impact fees prior to the issuance of a building permit as provided in Sections 87-3 and 87-11, an applicant for a building permit may elect to defer the payment of the applicable road impact fees until the authorization of prepower or issuance of a certificate of occupancy (temporary or otherwise) with respect to the structure or building for which the deferral has been requested; provided, however, that no prepower or certificate of occupancy shall be authorized or issued until the applicable road impact fees have been paid as provided by subsection (B) below. The provisions of the section shall not be applicable to single- family or multifamily housing projects with less than four dwelling units. (B) In the event an applicant for a building permit requests a deferral of the payment of road impact fees as provided in subsection (A) above, then the deferred road impact fees shall be payable as follows: (1) For a commercial project or multifamily project with four or more dwelling units, the deferred impact fees for the entire project shall be paid when prepower is authorized for the first building or the first certificate of occupancy is issued, whichever occurs first. (2) For a single-family housing project with four or more dwelling units, the deferred impact fees for a home shall be paid when the prepower for that home is authorized or the certificate of occupancy for that home is issued, whichever occurs first. (3) The deferred road impact fees shall be determined based on the fees in effect on the date of issuance of the building permit, which fees will be disclosed and finalized at the time of issuance of the building permit. (C) If the road impact fee is deferred at the time of issuance of the building permit as authorized by subsection (A) above, then a notice of deferral setting forth the legal description of the property and the amount of the road impact fee liability shall be executed by the city and acknowledged by the owner of the property with respect to which the building permit is being issued. The city shall, at the applicant’s expense, record this notice in the public records of the county. No prepower or certificate of occupancy shall be authorized or issued until the applicable road impact fees have been paid in full. Upon payment of the impact fee, the city shall, at the applicant’s expense, record a notice of payment in the public records of the county. ORLA_1530864.1 -2- (D) In the event the deferred road impact fee is not paid prior to the authorization of pre-power or issuance of the certificate of occupancy (temporary or otherwise), the city may collect the road impact fee, interest thereon from the date of issuance of the building permit at the rate fixed by state statute for judgments, the costs of such collection and a reasonable attorneys’ and paralegal fees, without regard to whether litigation is brought to collect such unpaid fee. (E) Except for building permit applications for projects submitted before May 1, 2012 with respect to which building permits are issued no later than July 15, 2012, the road impact fee deferral set forth in this section shall sunset on May 1, 2012 without further action by the city commission and all road impact fees shall thereafter be payable at the time provided in Sections 87-3 and 87-11. SECTION 3.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 affect the validity of the remaining portion hereto. SECTION 4.Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5.Effective Date . This Ordinance shall become effective immediately upon passage and adoption. ORLA_1530864.1 -3- PASSED AND ADOPTED this J~y of rYl'-1-' 2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA $~~ UA f S. Scott Vandergrift, Mayor ~ Be (SEAL) ADVERTISED M. a..y G1 , 2010 READ FIRST TIME M~ t+ ,2010 READ SECOND TIME D ADOPTED M~ \ ci{ ,2010 UNDER AG NDA ITEM NO. ~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS 1'9 FORM ~~. . LEGALITY this II day of ~' 2010. ::LEYp;J7W City Attorney ORLA_1530864.1 -4-