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HomeMy WebLinkAbout2012-004 Temporary Reduction in Impact Fees ORDINANCE NO. 2012-004 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ROAD, RECREATIONAL PARK, FIRE, AND POLICE IMPACT FEES; AMENDING SECTION 87 -3.1 OF THE CITY CODE EXTENDING THE TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS UNDER CERTAIN CIRCUMSTANCES; AMENDING SECTIONS 87 -4, 87 -18, 87 -30, AND 87 -42 OF THE CITY CODE BY PROVIDING FOR THE TEMPORARY REDUCTION OF IMPACT FEES FOR ROADS, RECREATIONAL PARK, FIRE AND POLICE; PROVIDING FOR RETROACTIVE APPLICATION OF THE TEMPORARY REDUCTION; ADDRESSING THE AFFECT ON THE TEMPORARY DEFERRAL ON EXISTING ANNEXATION AND DEVELOPER AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City recognizes that the adverse effects of the national recession and the financial and credit crises are still impacting the state and local economy; and WHEREAS, the City previously enacted Ordinance 2010 -003, which temporarily defers the timing of road impact fee payments for projects submitted before May 1, 2012; 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 further deferring the timing of the payment of road impact fees; and WHEREAS, the City has also received input suggesting that some of the economic challenges could also be addressed in part by reducing the impact fees assessed to new development; and WHEREAS, the City Commission finds it to be in the best interest of the citizens of Ocoee to try to encourage economic development by temporarily deferring the timing for the 4834 - 8210- 6894.2 payment of road impact fees and temporarily reducing the impact fees assessed to new development; 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: 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 (the "Ocoee Code ") is hereby amended to read 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 with respect to the structure or building for which the deferral has been requested until either (i) the authorization of prepower or issuance of a certificate of occupancy (temporary or otherwise) with respect - - . .. ' . _ - - - . - . - - • - as more particularly described in subsection (B) below (hereinafter, the "Authorization Date "), or (ii) the day that is one (1) year after the applicable Authorization Date provided that the applicant has first provided to the City a letter of credit as security for the payment of the deferred road impact fees, as further described in Subsection (C) below. Notwithstanding the foregoing, provided, however, that no prepower or certificate of occupancy shall be authorized or issued when the payment of road impact fees has been deferred until the applicable road impact fees have been paid as provided by subsection (B) below or a letter of credit has been provided as set forth in Subsection (C) below. The provisions of the section shall not be applicable to single - family or multifamily housing projects with less than four dwelling units. 4834 - 8210- 6894.2 -2- (B) In the event an applicant for a building permit requests a deferral of the payment of road impact fees until the applicable Authorization Date 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) In the event an applicant for a building permit requests a deferral of the payment of road impact fees until that day that is one (1) year after the applicable Authorization Date, then the applicant shall be required to provide to the City a letter of credit as security for the payment of the applicable road impact fees. The letter of credit shall be in the amount of the applicable deferred road impact fees and shall provide that the City may draw on the letter of credit if such fees are not paid in full when due. The letter of credit shall be in a form acceptable to the City. 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) (D) 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, unless applicant has provided a letter of credit pursuant to Subsection (C) above. 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. (D) (E) In the event If the deferred road impact fee is not paid prior to the authorization of pre power or issuancc of the certificate of occupancy (temporary or otherwise)applicable Authorization Date or, prior to the date that is one (1) year after the applicable Authorization Date if applicant has provided a letter of credit pursuant to Subsection (C) above, then the city may collect the road impact fee, interest thereon from 4834 - 8210 - 6894.2 -3- 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 paralegals' fees, without regard to whether litigation is brought to collect such unpaid fee, or if a letter of credit has been provided, draw on the letter of credit. (E) 'F) Except for building permit applications for projects submitted before May 1, 2012 January 1, 2013 with respect to which building permits are issued no later than July 15, 2012 March 15, 2013, the road impact fee deferral set forth in this section shall sunset on May 1, 2012 January 1, 2013 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. A new subsection (C) of Section 87 -4 of Article I of Chapter 87 of the Ocoee Code, is hereby adopted as follows: (C) Provided, however, that the road impact fee shall be reduced by twenty -five percent (25 %) for any building permit issued between January 3, 2012 and December 31, 2012. This temporary twenty -five percent (25 %) reduction shall not apply to any alternative road impact fee approved pursuant to Section 87 -5 or established by development agreement with the City pursuant to Section 87 -6. This deferral shall sunset on January 1, 2013 without further action by the city commission. SECTION 4. Section 87 -18 of Article II of Chapter 87 of the Ocoee Code is hereby amended to read as follows: (A) A recreational park impact fee in the amount of $1,560 per residential dwelling unit is hereby assessed by the City and shall be collected by the City prior to issuance of a building permit or any other development permit for the construction of any structure to be used for a dwelling unit. This fee is based on the City of Ocoee — Parks and Open Space Impact Fee Study dated September 2001, as updated by that certain City of Ocoee — Parks and Open Space Impact Fee Study published March 2005. (B) Provided, however, that the recreational park impact fee shall be reduced by fifty percent (50 %) for any building permit or other development permit for the construction of any structure to be used for a dwelling unit issued between January 3, 2012 and December 31, 2012. This temporary fifty percent (50 %) reduction shall not apply to any alternative recreational park impact fee approved pursuant to Section 87- 4834- 8210- 6894.2 -4- 20. This deferral shall sunset on January 1, 2013 without further action by the city commission. SECTION 5. A new subsection (D) of Section 87 -30 of Article III of Chapter 87 of the Ocoee Code is hereby adopted as follows: (D) Provided, however, that the fire impact fees shall be reduced by fifty percent (50 %) for any building permit issued between January 3, 2012 and December 31, 2012. This temporary fifty percent (50 %) reduction shall not apply to any fire impact fees approved pursuant to Section 87 -30.C. This deferral shall sunset on January 1, 2013 without further action by the city commission. SECTION 6. A new subsection (D) of Section 87 -42 of Article IV of Chapter 87 of the Ocoee Code is hereby adopted as follows: (D) Provided, however, that the police impact fees shall be reduced by fifty percent (50 %) for any building permit issued between January 3, 2012 and December 31, 2012. This temporary fifty percent (50 %) reduction shall not apply to any police impact fees approved pursuant to Section 87 -42.C. This deferral shall sunset on January 1, 2013 without further action by the city commission. SECTION 7. Retroactive Application. The temporary reduction in road, recreational park, fire and police impact fees as set forth in Sections 3, 4, 5 and 6 of this Ordinance shall be retroactive to January 3, 2012. Any road, recreational park, fire or police impact fees paid to the City between January 3, 2012 and the effective date of this Ordinance in excess of those discounted fees established by this ordinance shall be refunded to the party paying such fee. Any such refund shall be made within thirty (30) days from the effective date of this Ordinance. No interest shall be paid on any such refunded amount. SECTION 8. Annexation and Developer Agreements. Nothing contained in this Ordinance shall be construed to amend or modify the terms or provisions of any annexation or developer agreements which may have been entered into by the City prior to the effective date 4834 - 8210 - 6894.2 -5- of this Ordinance. Any annexation or developer agreement which establishes an alternative impact fee schedule that differs from the schedule currently set forth in the Code shall continue to be governed by such alternative impact schedule and shall not be entitled to any reduction in impact fees by virtue of this Ordinance. Any party to an annexation or developer agreement which has been provided with impact fee credits thereunder shall not be entitled to any cash, rebates or other compensation by virtue of the temporary reduction of impact fees established by this Ordinance and the City Commission recognizes that the temporary reduction in impact fee credits may result in such party having impact fee credits in excess of the impact fees established by this Ordinance. SECTION 9. 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 10. 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. 4834 - 8210- 6894.2 -6- SECTION 11. Effective Date. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this V ( day of airu Y� � , 2012. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA c l , $eth ikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED .k t ic1 r , 2012 READ FIRST TIME , 2012 READ SECOND TIME AND DOPTED trarLACI rkA 11 , 2012 UNDER AGENDA ITEM NO. Q3 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS O FO D LEGALITY thil ) day of 2012. f 1 (4 a1/ / 5 - By: City Attorney 4834 - 8210- 6894.2 -7-