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HomeMy Public PortalAboutOrd. 1334 Pub Sfty Impact Ordinance ORDINANCE NO: 1334 AN ORDINANCE OF THE CITY OF CRESTVIEW ESTABLISHING A POLICE AND FIRE PUBLIC SAFETY FACILITIES FEE TO BE PAID ON ALL NEW CONSTRUCTION WITHIN THE CITY SUBJECT TO CERTAIN EXCEPTIONS; PROVIDING FOR AUTHORITY; PROVIDING FOR DEFINITIONS: PROVIDING FOR THE AMOUNT OF THE FEES REQUIRED TO BE PAID: PROVIDING FOR THE TIME OF PAYMENT; PROVIDING FOR REFUNDS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR THE USE OF PROCEEDS: PROVIDING FOR THE ESTABLISHMENT OF A TRUST FUND FOR MONIES COLLECTED; PROVIDING FOR WAIVING THE FEE UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR A PUBLIC SAFETY CAPITAL IMPROVEMENT PLAN; PROVIDING FOR REVIEW OF FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the present public safety facilities of the City of Crestview, Florida are operating at full capacity and they are presently providing adequate police and fire protection and police and fire public safety services to the City of Crestview; and WHEREAS, there have been increasing demands on the City for the issuance of building permits for increased construction for residential premises as well as additional service establishments, commercial enterprises, businesses, industrial developments, public assembly facilities and institutions to serve the increasing number of people using the police and fire public safety facilities of the City, none of such increase constituting additional services to presently existing residents of the City; and WHEREAS, the City Council finds that it is necessary to provide additional police and fire public safety facilities which shall be required by the continuing growth and development of construction activities within the City, these facilities being in the nature of capital improvements to the City’s police and fire public safety facilities such as land, buildings, equipment and vehicles; and WHEREAS, the City Council desires to establish an equitable way for making these capital improvements to meet the demands of new construction and for providing that the money collected for these capital improvements will be used for no other purpose; and WHEREAS, the City Council finds that it is equitable for the new construction creating the increased demand for police and fire public safety facilities to contribute directly to their funding rather than placing such increased burden on the presently existing City residents; and WHEREAS, the City, through contract with the West Florida Regional Planning Council, has conducted a study and analysis to determine the proper amount for a fair and just police and fire public safety facilities fee based on projected construction and police and fire capital needs to serve such new construction; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA AS FOLLOWS: Section 1. AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida Statutes and Section 2 of the City Charter. Section 2. Existing Sections 34-1 through 34-7 and Sections 34-8 through 34-20, which are reserved are hereby designated Article 1 of Chapter 34 of the Code of Ordinances of the City of Crestview, Florida, and this Article 1 shall be titled, General Provisions. Section 3. The Code of Ordinances, City of Crestview, Florida, is hereby amended by adding a new Article to be numbered II to Chapter 34, which Article reads as follows: ARTICLE II. POLICE AND FIRE PUBLIC SAFETY FACILITIES FEE Sec. 34-21. Definitions. Unless the context specifically indicates otherwise the meaning of terms used in this Article shall be as follows: (a) Public Assembly Unit or Building. Public assembly unit or building shall be the types of buildings used for the gathering together of persons for purposes such as civic, social or religious functions or for recreation or for food or drink consumption or for awaiting transportation. Public assembly buildings shall include, among others, the following: auditoriums, churches, gymnasiums, restaurants, motion picture theaters, museums, passenger depots, public assembly halls, recreation halls, stadiums and theaters. (b) Institutional Units or Buildings. A structure occupied by a group, cooperative, board, agency, or organization created for the purposes of carrying on functions of a public or semi-public nature, such as hospitals or schools, or congregate care living facilities (unless separate dwelling units are occupied having cooking and separate bathroom facilities). (c) Police and Fire Public Safety Facilities Capital Improvements. The land, building, facilities, vehicles and equipment necessary for the police and fire departments of the City of Crestview to provide crime prevention, police protection, fire fighting and fire protection services to the public. (d) Equivalent Dwelling Unit (E.D.U.). a. Commercial, Industrial/Warehousing, or Public Assembly/Institutional property will be assessed one impact fee per 1,000 square feet of building space constructed. b. Parcels used as Commercial, Industrial/Warehousing, or Public Assembly/Institutional property but without a building will be assessed one impact fee per acre (rounded to the nearest tenth acre). Sec.34-22. Fee Imposed. As a condition of the issuance of a building permit for the initial construction of or substantial reconstruction of a building, the person, firm or corporation constructing such residential, commercial, manufacturing, public assembly or institutional building, or addition thereto, shall pay to the City of Crestview, Florida, in advance, the police and fire public safety facilities fee as set forth in Sec. 34-23. The only exceptions to the requirement for payment of such fee are the following type construction: (a) Expansion of existing residential structures not creating another dwelling unit. (b) Remodeling, repair, rebuilding, or restoration of any structure, so long as no substantial additional impact to the services addressed in this Article, as determined jointly by the police and fire chiefs and subject to approval to the City Council by an aggrieved applicant, is caused thereby. (c) Any construction that is in progress prior to the effective date of this Article with a valid building permit. Sec. 34-23. Amount of Fee. The police and fire public safety facilities fee to be paid prior to issuance of a building permit shall be as follows: (a) Single Dwelling Units - $200.00. (b) Commercial Structures - $200.00 per E.D.U. (c) Industrial/Warehousing Structures - $200.00 per E.D.U. (d) Public Assembly/Institutional Structures - $200.00 per E.D.U. Sec. 34-24. Refunds. Refunds of police and fire public safety facilities fees paid hereunder may be allowed upon application therefore when it is determined that no construction has occurred and the building permit issued for such construction has expired or otherwise been canceled. Sec. 34-25. Special Fire Services Facilities Fee. In the event that any structure has special fire safety needs because of the size or type of construction or the use thereof, a special fire safety facilities fee shall be paid to the City in the amount determined by the City Council. Said fee shall be an amount necessary to permit the acquisition of any equipment or other capital asset necessary for the safe provision of fire protection services to the structure. Said fee shall be in addition to any other fee imposed hereunder and shall be paid prior to the issuance of a building permit for such structure. Alternatively, the owner or developer of such construction may provide to the City the piece of equipment or capital assets as determined to be needed because of such construction. Sec. 34-26. Time of Payment. Payment of all police and fire public safety facilities fees provided in this Article shall be made prior to the issuance of the building permit. Sec. 34-27. Use of Proceeds. The funds accumulated by reason of the collection of the police and fire public safety facilities fee shall be used only for the purchase of capital improvements consisting of land, buildings, vehicles and equipment necessary to provide crime prevention, police protection, fire fighting and fire protection services to the public. Sec. 34-28. Trust Funds Established. All police and fire public facilities fee received by the City shall be deposited in an appropriate trust fund to be referred to as the “Police and Fire Public Improvement Trust Fund” to be held separately and to be used only for the purposes referred to in Section 34-27 above. Funds from this Trust Fund may be disbursed in the customary manner in accordance with appropriate law and with the added requirement that the disbursement of such funds shall require the prior approval of the City Council upon a finding that the police or fire capital expenditure is in accordance with the terms of this Article. Before authorizing an expenditure from the trust fund, the City Council shall determine that: (a) Such expenditure is for capital facilities or equipment to be used for the purpose of such fund; (b) Such expenditure is required by new construction from which such funds were collected; and (c) Such expenditure will result predominantly in a special benefit to new construction, as opposed to pre-existing uses. Any funds on deposit in said Trust Fund which are not immediately necessary for expenditure may be invested by the City and all income derived from such investment shall be deposited in the Trust Fund. Sec. 34-29. Waivers. The City Council may waive the police and fire public safety facilities fee in the following situations: (a) Any occupancy not required under the current Fire Prevention Code to have a fire protection sprinkler system, may have fifty (50) percent of the fees waived upon application for such waiver, if a sprinkler system meeting either NFPA 13. 13A or 13B standards is installed in the structure. (b) The owner or developer of any construction has the right of attempting to demonstrate that their construction will have less impact on the need for police and fire public safety facilities than is indicated by the fee schedule. Data demonstrating less impact shall be submitted to the police chief and fire chief for review. The police and fire chiefs shall jointly make a recommendation to the City Council concerning such requested waiver. The City Council shall determine the amount of the fee to be waived, if any. (c) Any waiver provided for in this section shall be subject to approval by the City Council. Sec. 34-30. Capital Improvement Plan. The City Council shall adopt a capital improvement plan for the Trust Fund established in this Article. Such plan shall be reviewed annually during the budget review process. Sec. 34-31. Review of Fees. The police and fire public safety facilities fees imposed by this Article shall be reviewed biannually. At such time the City Council shall analyze the projected construction within the City, the cost of any new or expanded capital facilities and equipment for police and fire protection services which shall be generated by such construction, and the funds otherwise available to finance such costs. Secs. 34-32-34-50. Reserved. Section 4. Severability. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. Section 5. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6. Effective Date. This ordinance shall become effective ninety (90) days from its adoption. PASSED AND ADOPTED by the City Council of Crestview, Florida on this 23rd day of April, 2007. CITY OF CRESTVIEW, FLORIDA S/Charles J. Wells CHARLES J. WELLS Council President ATTEST: S/Janice F. Young JANICE YOUNG City Clerk APPROVED by me this 23rd day of April, 2007. S/David Cadle DAVID CADLE Mayor