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HomeMy Public PortalAbout13-8676 RFP for a Qualified Firm to Perform and Updated Study for Development Study Sponsored by: City Manager RESOLUTION NO. 13-8676 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS ("RFP"), FOR A QUALIFIED FIRM TO PERFORM AN UPDATED STUDY FOR THE CITY'S DEVELOPMENT IMPACT FEES, PAYABLE FROM ACCOUNT NUMBER 16- 512490; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka desires an updated Development Impact Fee study; and WHEREAS, on September 22, 2004, the City Commission updated several Development Impact Fee Ordinances: 04-09 Roads/Drainage,04-10 Public Safety,and 04-11 Parks, and those fees have not been increased in nearly ten years; and WHEREAS, the rising costs of providing public facilities improvements, the increasing cost of maintenance to existing infrastructures and the decline of support for taxation alternatives, has out-paced the government revenue generating capability, and now forces jurisdictions to seek alternatives, including impact fees; and WHEREAS, development impact fees are scheduled charges applied to generate revenue for construction and/or expansion of capital facilities (system improvements); and WHEREAS,the development impact fees need to be updated,and such study requires using the most recent local data available; and WHEREAS, the development impact study should include, but is not limited to development impact fees for: 1) roads/drainage, 2)public safety, 3)parks and recreation, 4) water and sewer, and 5) social infrastructure, i.e., affordable housing, etc. Resolution No. 13-8676 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka, Florida, hereby authorizes the City Manager to issue Request for Proposals for a qualified firm to perform an updated study for the City,for Development Impact Fees Study,payable from account number 16-512490. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 11th day of September, 2013. 62---LTRA/T)LOIC MAYOR Attest to: Approved as t form and legal sufficiency: IL 1 //1. " J4 a Flores •s v s h S. Geller City Clerk GR ENSPOON MARDER, PA City Attorney Moved by: COMMISSIONER JOHNSON Seconded by: VICE MAYOR KELLEY Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES oco-Locke • tl w- sa= vas Q4nowwt40 City of Opa-Locka Agenda Cover Memo Commission Meeting 09/11/2013 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterX in box) Yes No (EnterX in box) Public Hearing: Yes No Yes No (Enter X in box) Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) 16-512490 (EnterX in box) BUDGETED Contract/P.O. Required: Yes No RFP/RFQ/Bid#: (Enter X in box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational II Bus.&Economic Dev I] Public Safety 0 Quality of Education CI Qual.of Life&City Image ED Communcation LI Sponsor Name City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS TO UPDATE THE CITY'S DEVELOPMENT IMPACT FEES Staff Summary: On September 22, 2004, the Mayor and City Commission adopted several development impact fee ordinances. Those ordinances provided for Park Impact, Roads Drainage Impact, and Public Safety impact fees to be collected by the City. The fees have not been increased in nearly ten years. Impact fees, unlike other fees, are required to be studied using the most recent and local data. There are number of methods generally used to determine impact fees. The City prepared a report entitled, "methods and data used to calculate police, park and road drainage impact fees" dated July 19, 2004. The City would be looking to perform a development impact study to include to include the following development impact fees: • roads and drainage • public safety • parks and recreation • water and sewer • social infrastructure i.e. affordable housing (workforce housing), etc Proposed Action: Approval Attachment: 1. Ordinance No. 04-09- Road Drainage Impact Fee 2. Ordinance No. 04-10- Public Safety Impact Fee 3. Ordinance No.04-11 - Park Impact Fee /Qp,•LOCk4,,. sra4,10. ti \op"O Memorandum TO: Myra L.Taylor, Mayor Joseph L. Kelley,Vice Mayor Timothy Holmes, Commissioner Dorothy Johnson, Commissi er /�. Luis B. Santiago, Commission-r i FROM: Kelvin L. Baker, Sr., City Manag=,, DATE: August 23, 2013 RE: Resolution Authorizing a Development Impact Fee Study Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS TO UPDATE THE CITY'S DEVELOPMENT IMPACT FEES Background On September 22, 2004, the Mayor and City Commission adopted several development impact fee ordinances. Those ordinances provided for Park Impact, Roads Drainage Impact, and Public Safety impact fees to be collected by the City. The fees have not been increased in nearly ten years. Impact fees, unlike other fees, are required to be studied using the most recent and local data. There are number of methods generally used to determine impact fees. The City prepared a report entitled, "methods and data used to calculate police, park and road drainage impact fees" dated July 19, 2004. Description The City would be looking to perform a development impact study to include, but not limited, to the following development impact fees: • roads and drainage • public safety • parks and recreation • water and sewer • social infrastructure i.e. affordable housing (workforce housing), etc Development impact fees are scheduled charges applied to new development to generate revenue for the construction or expansion of capital facilities, known as "system improvements," benefiting it. A development impact fee study needs to be updated. Local governments throughout the United States have learned that the cost of providing a residential dwelling unit new or expanded public facilities--including water, sewer, drainage, police, fire, library, school, park, recreational, and other public facilities-for new development is considerable ranging routinely from$20,000 to$100,000 or more per new home. This cost has been rising at a pace that exceeds local government revenue generating capability. The increasing cost of maintenance of existing infrastructure, combined with the decline of public support for taxation alternatives, has forced local jurisdictions to seek alternatives. Impact fees have become one such alternative. The impact fee presupposes that new development should pay a proportionate share of facility costs. "Proportionate Share," in the impact fee context, would generally be no more than the total cost but more than nothing. Generally speaking, the bases on which proportional share method is: 1. it draws upon the experience of various communities that have defined and measured proportional share; and 2. It draws upon case law and judicial rationale. 163.31801, F.S., provides the authority in which the city would have to follow in order to effectively administer an impact fee program. The following are some of the general program requirements: • The impact fees must be adopted by city ordinance • require the calculation of the impact fee based on the most recent and localized data • Provide for accounting and reporting of impact fee collections and expenditures • Limit administrative charges for the collection of impact fees to actual costs. • Require that notice be provided no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. • Audits of financial statements of local governmental entities performed by a certified public accountant and submitted to the Auditor General must include an affidavit signed by the Chief Financial Officer of the City • In any action challenging an impact fee, the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee meets the requirements of state legal precedent. Financial Impact: The funding of this action would be paid from Account No. 16-512490 Implementation Time Line: Immediately Legislative History: Ordinance No. 04-09 - Road Drainage Impact Fee, Ordinance No. 04-10 - Public Safety Impact Fee, Ordinance No. 04-11 - Park Impact Fee Staff Recommendation: Approval Attachment(s): Ordinances Prepared By: Howard Brown, Jr., AICP, Community Development Director Faye Douglas, Budget Administrator Development Impact Fee Study 2 ls`Reading/Public Hearing: SEPTEMBER 8, 2004 2"d Reading/Public Hearing: SEPTEMBER 22, 2004 Adopted: SEPTEMBER 22, 2004 Effective Date: DECEMBER 22, 2004 Sponsored by: City Manager ORDINANCE NO. 0 4—0 9 ROAD DRAINAGE IMPACT FEE ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN THE INCORPORATED AREAS OF THE CITY OF OPA LOCKA, FLORIDA; IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT IN THE CITY OF OPA LOCKA FOR PROVIDING NEW ROAD DRAINAGE AND RELATED FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND DEC- LARATIONS OF THE CITY COMMISSION; PROVIDING FOR THE PAYMENT AND TIME OF PAYMENT OF A ROAD DRAINAGE IMPACT FEE; PROVIDING FOR REVIEW OF ROAD DRAINAGE IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE ESTABLISHMENT OF A ROAD DRAINAGE IMPACT FEE DISTRICT; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM ROAD DRAINAGE IMPACT FEES INTO THE ROAD DRAINAGE IMPACT FEE TRUST FUND ESTABLISHED FOR THAT • PURPOSE; PROVIDING FOR EXEMPTIONS AND CREDITS; PROVIDING FOR REFUND OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM ROAD DRAINAGE IMPACT FEES; PROVIDING THAT ROAD DRAINAGE IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS; PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE; CONTAINING A REPEALER PROVISION FOR SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1: Legislative Findings The City Commission of the City of Opa-locka finds, determines, and declares: Road Drainage ImpaL1 I ce Ordinance Page • A. The City of Opa-locka must expand its road drainage system in order to maintain current standards if new development is to be accommodated without decreasing current levels of service. This must be done in order to promote and protect the public health, safety and welfare. B. The Florida Legislature through the enactment of Florida Statutes, Chapter 163, Part II, Section 3202(3)has sought to encourage the City of Opa-locka to enact impact fees. C. The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare; D. Each of the types of land development described in Section 7 hereof, will create demand for the expansion of road drainage capacity and the construction of road drainage improvements. E. The impact fees established by Section 7 are derived from, are based upon, and do not exceed the costs of providing additional road drainage capacity and road drainage improvements necessitated by the new land developments for which the impact fees are levied. F. The report entitled "Method and Data used to Calculate Police, Park & Recreation and Public Works Impact Fees", dated July 19, 2004 sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs for additional road drainage capacity and road drainage improvements in the City of Opa-locka. Section 2: Short Title,Authority and Applicability. A. This ordinance shall be known and may be cited as the "The City of Opa-locka Road Drainage Impact Fee Ordinance." B. The City Commission of the City of Opa-locka has the authority to adopt this ordinance pursuant to Article IV of the Constitution of the State of Florida,and Chapter 125 of the Florida Statutes. • C. This ordinance shall apply in the incorporated area of the City of Opa-locka. Section 3: Intents and Purposes A. This ordinance is intended to assist in the implementation of the City of Opa- locka Comprehensive Plan. B. The purpose of this ordinance is to regulate the use and development of land so Road Ora inane Impact Fee Ordinance Page as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide road drainage and road drainage improvements in the City of Opa Locka. Section 4: Rules of Construction A. The provisions of this ordinance shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare. , B. For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the following rules of construction shall apply to the text of this ordinance: (1) In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table, or illustrative table, the text shall control. (2) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. (3) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. (4) The phrase "used for" includes "arranged for", "designed for", "maintained for", or"occupied for". (5) The word "person" includes an individual, a corporation, a partnership, an incorporated association,or any other similar entity. (6) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events-connected by the conjunc- tion "and", "or"or"either...or", the conjunction shall be interpreted as follows: (a) "And" indicates that all the connected terms, conditions, provisions or events shall apply. (b) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (c) "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (7) The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. Road Dramagc Impact Fee Ordinance (8) "Administrative Official" means the Director of the Department of Development Services or his/her designee who will carry out the administration of this ordinance. Section 5: Definitions A. A "feepayer" is a person applying for the issuance of a building permit. B. "Building permit" is the approval issued by the City of Opa Locka that authorizes the construction or placement of a building, dwelling, mobile home, recreational vehicle or other structure on a site, where the purposes of the building or structure is for the occupancy by humans. This would include temporary as well as permanent occupancy. C. A "capital improvement" includes planning, land acquisition, site improvements, the construction of new or expanded road drainage facilities, and the acquisition of equipment, but excludes maintenance and operation. D. "Development Order" means a regulatory approval by the City of Opa Locka. E. "Square Footage" shall be measured in terms of heated or air-conditioned floor area. Section 6: Imposition of Road Drainage Impact Fee A. Any person who, after the effective date of this ordinance, seeks to develop land within the City of Opa Locka, Florida, by applying for a building ermit is hereby to pay a road drainage impact fee in the manner and amount set forth in this ordinance.required B. No Certificate of Occupancy for any activity requiring payment of a Road Drainage Impact Fee pursuant to Section 7 of this ordinance shall be issued unless and until the Road Drainage Impact Fee hereby required has been paid. C. No extension of a building permit issued prior to the effective date of this ordinance for any activity requiring payment of a Road Drainage Impact Fee pursuant to Section 7 of this ordinance shall be granted unless and until the Road Drainage Impact Fee hereby required has been paid. Section 7: Computation of the Amount of Road Drainage Impact Fee At the option of the feepayer, the amount of the Road Drainage Impact Fee may be determined by one or more of the following procedures: A. ROAD DRAINAGE IMPACT FEE SCHEDULE PER USE GROUP (New Unit or Expansion per gross square foot) Road Drainage Impact Fee Ordinance Parr Residential $0.454 Retail Industrial $1.062 Institutional $0.265 668 Governmental $0.535 $0.535 (I) If a building permit is requested for a single project with mixed uses, then the Road Drainage Impact Fee shall be determined.through using the Road Drainage Impact Fee Schedule above, by apportioning the space committed to each use specified. A list of specific uses for each use group listed above shall be created prior to the effective date of this ordinance. X(2) If the type of development activity that a residential building permit is applied for is not specified on the Road Drainage Impact Fee Schedule above, the Administrative Official shall use the Road Drainage Impact Fee applicable to the most nearly comparable type of land use on the Road Drainage Impact Fee Schedule above. The Administrative Official shall be guided in the selection of a comparable type by the City of Opa-locka Comprehensive Plan and its supporting documents, and the City of Opa-locka Land Use and Development Regulations. If the Administrative Official determines that there is no comparable type of land use according to the Road Drainage Impact Fee Schedule above, then he/she shall determine the appropriate impact fee by considering demographic or other docu- mentation which is available from state, local and regional authorities. X(3). In the case of a change of use, redevelopment, or expansion or modification of an existing use which requires the issuance of a new or extended building permit, the Road Drainage Impact Fee shall be based upon the net positive increase of the impact for the new or modified use as compared to the previous use. The Administrative Official shall be guided in this determination by the sources and agencies listed above. B. INDEPENDENT FEE CALCULATION STUDY: If a feepayer opts not to have the Road Drainage Impact Fee determined according to Paragraph (A) of this Section, then the feepayer shall submit analyses and documentation based upon generally accepted methodologies, and according to the following procedure: (1) Prepare and submit to the Administrative Official an Independent Fee Calculation Study for the land development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made; (2) The Administrative Official shall, within a reasonable period of time, consider the documentation submitted by the feepayer but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the feepayer to submit additional or different documentation for consideration; Rend Drainage Impact Fee Ordinance Page (3) If the Administrative Official determines that the submitted Independent Fee Calculation Study is acceptable, then he/she may adjust the Road Drainage Impact Fee to a more appropriate amount applicable to the particular development; (4) If the Administrative Official determines that the submitted Independent Fee Calculation Study is not acceptable, then he/she shall state the reasons in writing for his/her determination, and the feepayer shall pay the Road Drainage Impact Fee based upon the Road Drainage Impact Fee Schedule shown in Paragraph (A)of this Section; Section 8: Payment of Road Drainage Impact Fee A. The feepayer shall pay the Road Drainage Impact Fee required by this ordinance to the Administrative Official or his/her designee rior to the issuance of a Temporary Certificate of Occupancy, Certificate of Occupancy, or other final approval. B. All funds collected shall be promptly transferred for deposit in the Road Drainage Impact Fee Trust Fund account as determined in Section 10 of this ordinance and used solely for the purposes specified in this ordinance. Section 9:Road Drainage Impact Fee Districts There is hereby established one (1) Road Drainage Impact Fee Benefit District which includes all land within the City of Opa-locks jurisdictional boundary. Section 10: Road Drains a Im act Fee Trust Fund Established A. There is hereby established one (1) Road Drainage Impact Fee Trust Fund, established by Section 9 of this Ordinance. B. Funds withdrawn from this account must be used in accordance with the provisions of Section 11 of this ordinance. Section I I: Use of Funds A. Funds collected from Road Drainage Impact Fees shall be used solely for the purpose of acquiring and/or makin: capital improvements to road drainagder the jurisdiction of the Cit of 0pa-locka, the County, or the tate o on.a, and shall not be used for maintenance or operations. B. Funds shall be used exclusively for acquisitions, expansions, or capital improvements within the City-wide Road Drainage Impact Fee District, which the funds were collected. Funds shall be expended in the order in which they are collected. Road Drainage Impact Fee Ordinance C. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Road Drainage Impact Fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in Paragraph A above. D. At least once each fiscal period the Administrative Official shall present to the City Commission a proposed capital improvement program for road drainage, assigning funds, including any accrued interest, to specific road drainage improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the Road Drainage Impact Fee Trust Fund until the next fiscal period except as provided by the refund provisions of this ordinance. E. Funds may be used to provide refunds as described in Section 12. Section 12: Refund of Road Drainage Impact Fees Paid A. If a building permit expires without commencement of construction, then the feepayer shall be entitled to a refund, without interest, of the Road Drainage Impact Fee paid as a condition for its issuance except that the City shall retain three percent (3%) or $100.00 of the fee, whichever is greater, to offset a portion of the costs of collection and refund. The feepayer must submit an application for such a refund to the Administrative Official thirty(30)days,prior to the expiration of the permit. B. Any funds not expended or encumbered by the end of the calendar quarter immediately following six (6) years from the date the Road Drainage Impact Fee was paid shall, upon application of the then current landowner, be returned to such landowner with interest at the rate of three percent(3%)per annum,provided that the landowner submits an application for a refund to the Administrative Official within 180 days of the expiration of the six (6) year period. An extension of the six (6) year years may be permitted, at the City Commission's discretion, fodr p ojects odrtitmprovements that entail long range planning and design. Section 13: Exemptions and Credits A. Exemptions. The following shall be exempted from payment of Public Safety Impact Fees: (1) Alterations or expansion of an existing building where no additional square footage is created, where the use is not changed, and/or where no additional demand for road drainage or applicable improvements will be created, as determined by the Administrative Official. (2) The construction of accessory buildings or structures, unless such construction is determined by the Administrative Official to be and expansion or extension of the principal use for which Road Drainage Impact Fees are payable. Road Drainage Impact Fee Ordinance Pat,e 7 (3) The replacement of a building or structure with a new building or structure of the same size and use. (4) The installation of a replacement mobile home on a lot or other such site when a Road Drainage Impact Fee for such mobile home site has previously been paid pursuant to this ordinance or where a mobile home legally existed on such site on or prior to the effective date of this ordinance. (5) The installation of a mobile unit for temporary construction purposes. Any claim of exemption must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. B. Credits. Any claim for credit under these provisions shall be made on an official Impact Fee Credit Application provided by the City of Opa-locka, and submitted along with all other required documentation to the Administrative Official. Credit against required Road Drainage Impact Fees shall be subject to the following: (1) Road Drainage land and/or road drainage capital improvements- may be offered by The feepayer as total or partial payment of the required Road Drainage Impact Fee. The offer must specifically request or provide for a Road Drainage Impact Fee credit. If the Administrative Official accepts such an offer, whether the acceptance is before or after the effective date of this ordinance, the credit shall be determined and provided in the following manner: (a) Credit for the dedication of land shall be valued at: (i) 115% of the most recent assessed value by the Manatee County Property Appraiser; or (ii) by fair market value established by a private, certified appraiser acceptable to the City. At the City's option, a second appraisal may be contracted at the City's expense. Credit for the dedication of road drainage land shall be provided when the property has been conveyed at no charge to, and accepted by, the City in a manner satisfactory to the City Commission; or (iii) by such other appropriate method as the City Commission may have accepted prior to the effective date of this ordinance for particular road drainage improvements. (b) Applicants for credit for construction of road drainage improvements shall: Road Drainage Impact Fee Ordinance Pdgr a (1) submit acceptable engineering drawings and specifications, and construction cost estimates to the Administrative Official; (ii) the Administrative Official shall, within a reasonable period of time, determine credit for construction based upon either these cost estimates, or upon alternative engineering criteria and construction cost estimates if the Administrative Official determines that such estimates submitted by the applicant are either unreliable or inaccurate; (iii) the Administrative Official shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate and return such signed document to the Administrative Official before credit will be given; (iv) the failure of the applicant to sign, date, and return such document within sixty(60)days shall nullify the credit. (c) Except as provided in subparagraph(d), credit against Road Drainage Impact Fees otherwise due will not be provided until: (i) the construction is completed and accepted by the City, the County,or the State,whichever is applicable; (ii) a suitable maintenance and warranty bond is received and approved by the City Clerk of the City of Opa-locka, when applicable. (d) Credit may be provided before completion of specified road drainage improvements if adequate assurances are given by the applicant that the standards set out in subparagraph (c) will be met and if the feepayer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the City of Opa-locka in an amount determined by the Administrative Official. If the road drainage construction project will not be constructed within one (I) year of the acceptance of the offer by the Administrative Official, the amount of the security shall be increased by ten percent (10%) compounded, for each year of the life of the security. The security shall be reviewed and approved by Road Drainage Impact Fee Ordinance the City Commission prior to acceptance of the security. If the road drainage construction project is not to be completed within five (5) years of the date of the feepayer's offer, the City Commission must approve the road drainage construction project and its scheduled completion date prior to the acceptance of the offer by the Administrative Official. (2) Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. The feepayer may apply for credit prior to the issuance of a building permit, however, credit shall only be applied against building permits issued subsequent to the application for credit. Refunds shall be made only to the person(s)or entity who made the creditable payment or contribution. (3) Credits shall not be transferable from one project or development to another without the approval of the City Commission and may only be transferred to a different development upon a finding by the City Commission that the dedication for which the credit was given benefits such different development. (4) No credit shall exceed the amount due for the applicable Road Drainage Impact Fee required. (5) The right of credit shall run with the land and be claimed only by the owners of the land for which credit is claimed. Section 14: Appeals A. Any feepayer aggrieved by a decision of the Administrative Official made pursuant to this ordinance shall have the right to appeal to the City Commission. Prior to any such appeal the aggrieved feepayer shall file a request for reconsideration with the Administrative Official who shall act upon such request within fifteen(15)days. B. If, after reconsideration by the Administrative Official, the feepayer chooses to continue with an official appeal, the feepayer, within fifteen (15) days of the Administrative Official's decision on the request for reconsideration, may file with the Administrative Official a Notice of Appeal specifying the grounds, therefore. The Administrative Official shall forthwith transmit to the City Commission all papers constituting the record upon which the action appealed from is taken. The Mayor and City Commission shall thereafter establish a reasonable date and time for a hearing on the appeal, give due notice thereof, and decide the same within a reasonable period of time following the hearing. Any feepayer submitting a Notice of Appeal shall have the right to appear at the hearing, to present evidence, and be represented by counsel. C. A feepayer may pay a Road Drainage Impact Fee under protest to obtain a building Road Drainage Impact Fee Ordinance P.12k: 10 permit and by making such payment shall not be estoppel from; (1). Exercising the right of appeal provided for in this Section,or (2). Receiving a refund of any amount deemed to have been erroneously y Section 15: Review The Road Drainage Impact Fee Schedule contained in Section 7 (A) shall be reviewed by the City Commission at least once each fiscal biennium. ( 0 tie; L Section 16: Penalty Provision A violation of this ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be according to law; however, in addition to or in lieu of any criminal prosecution, them City of Opa-locka shall have the power to initiate legal action in civil court to enforce the provi- sions of this ordinance. ection 17• Repealer Provision All ordinances or parts of ordinances in conflict herewith are hereby repealed of such conflict. eP ealed t o the Section 18: Severabilit If any section, phrase, sentence or portion of this ordinance is for any invalid or unconstitutional by any court of competent jurisdiction, such y portion held deemed a separate, distinct and independent provision, and such holding shall not shall be validity of the remaining portions thereof. not affect the Section 19: Effective Date This ordinance shall become effective on December 22, 2004. PASSED AND DULY ADOPTED by the City Commission, with a quorum present and voting, this 2 2 Day of SEPT. , 2004. • +��.. MAYOR Road Drainage Impact Fee Ordinance Page I I ATTEST: Approved as to form and legal sufficiency: 1/ / CITY CLERK CITY A ' O' Y g O DA Moved by: VICE MAYOR JOHNSON Second by: COMMISSIONER TYDUS Commission Vote: 4-0 Commissioner Tydus: YES Commissioner Holmes:. YES - - Vice-Mayor Johnson: YES Mayor Kelley: YES • Road Drainage Impact Fee Ordinance Page 12 1"Reading/Public Hearing: SEPTEMBER 8, 2004 2"d Reading/Public Hearing: SEPTEMBER 22, 2004 Adopted: SEPTEMBER 22, 2004 Effective Date: DECEMBER 22, 2004 Sponsored By: City Manager ORDINANCE NO. 0 4-10 PUBLIC SAFETY IMPACT FEE ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA,FLORIDA RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN THE INCORPORATED AREAS OF THE CITY OF OPA-LOCKA,FLORIDA;IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT IN THE CITY OF OPA-LOCKA FOR PROVIDING PUBLIC SAFETY NECESSITATED BY SUCH NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE;PROVIDING DEFINITIONS;PROVIDING FINDINGS AND DECLARATIONS OF THE CITY COMMISSION;PROVIDING FOR THE PAYMENT AND TIME OF PAYMENT OF A PUBLIC SAFETY IMPACT FEE;PROVIDING FOR REVIEW OF PUBLIC SAFETY IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM PUBLIC SAFETY IMPACT FEES INTO A PUBLIC SAFETY IMP E TRUE FUND-EST A ar ISHEDEOR..THATXURPOSE PIOVIDING FOR Ty EXEMPTIONS AND CREDITS.PROVIDING FOR REFUND OF '- UNEXPE DEIS FUNDS•PROVIDING FOR USE-OF PFUNDS_DERIVED FROM PUBLIC SAFETY IMPACT FEES;PROVIDIN,QmiT P LIC S FACE , ACT FEES MAY BE PLEDGED TOWARD PAYMENT OF B O N D ISSUES A N D S ILAR DEBT I ' i*n0 • • + i t i 1 • PE NALTIES FOR VIOLATION •.. __ •I k • •19 I ' , ; •NTAINING A REPEALER PROVISION,SEVERABILITY CLAUS AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section One: Legislative Findings The City Commission of the City of Opa-locka finds, determines and declares that: Opa-locka Public Safety Impact Fee Ordnance Page 1 A. The City of Opa-locka must expand its Public Safety capital facilities fin order to maintain c u r r e n t standards if new d e v . • u -. ' 11 a, : .;. 11 11101 . .i 11 • ..1•11[...1 .1 • current standards. This must be done in order to promote and protect the public health,safety and welfare; B. The Florida Legislature,through the enactment of Florida Statutes Chapter 163 16 _(3)has sought o enenutacka to enact impact fees. C. The imposition of impact fees is one of the preferred methods of ensuring that development bears a •. . . . ,.: c , of P e , a. . accommodate such devment. This must be done in order to promote and protect the public health,safety and welfare. D. Each of the types of land development described in Section Seven hereof,will create a need for the construction,equipping,or expansion of Public Safety capital facilities. E. The fees established by Section Seven are derived from,are based upon,and do not exceed the costs of providing additional Public Safety necessitated by the new land develop- ments for which the fees are levied. F. The report entitled"Methods and Data Used to Calculate Police,Park&Recreation and Public Works Impact Fees",dated July 19.2004,sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs for additional Public Safety in the City of Opa-locka. Section Two: Short Title.Authority and Applicability. A. This ordinance shall be known and may be cited as the"The City of Opa-locka Public Safety Impact Fee Ordinance." B. The City Commission of the City of Opa-locka has the authority to adopt this ordinance pursuant to Article IV of the Constitution of the State of Florida,and Chapter 166 of the Florida Statutes. C. This ordinance shall apply in the incorporated area of the City of Opa-locka. Section Three: Intents and Purposes A. This ordinance is intended to assist in the implementation of the City of Opa-locka Comprehensive Plan. B. The purpose of this ordinance is to regulate the use and development of land so as to Opa-locka Public Safety Impact Fee Ordnance Page 2 assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide Public Safety in the City of Opa-locka. Section Four: Rules of Construction A. The provisions of this ordinance shall be liberally construed so as to effectively carry out its purpose in the interest of the public health,safety and welfare. B.For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance,the following rules of construction shall apply to the text of this ordi- nance: (1)In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table,or illustrative table,the text shall control. (2)The word"shall"is always mandatory and not discretionary;the word"may" is permissive. (3)Words used in the present tense shall include the future;and words used in the singular number shall include the plural,and the plural the singular,unless the context clearly indicates the contrary. (4)The phrase"used for"includes"arranged for", "designed for", "maintained for",or"occupied for". (5)The word "person"includes an individual, a corporation,a partnership,an incorporated association,or any other similar entity. (6)Unless the context clearly indicates the contrary,where a regulation involves two(2)or more items,conditions,provisions,or events connected by the conjunc- tion "and","or"or"either...or",the conjunction shall be interpreted as follows: (a) "And"indicates that all the connected terms,conditions,provisions or events shall apply. (b) "Or"indicates that the connected items, conditions,provisions or events may apply singly or in any combination. (c) "Either...or"indicates that the connected items, conditions,provisions or events shall apply singly but not in combination. (7) The word"includes"shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind Opa-locka Public Safety Impact Fee Ordnance Page 3 or character. (8) "City Manager"means the City Manager municipal officials he/she may designate to carry out the administration of this ordinance. Section Five: Definitions A. A "feepayer"is a person applying for the issuance of a building permit. B. `Building permit"is the approval issued by the City of Opa-locka that authorizes the construction or placement of a building,dwelling,mobile home, recreational vehicle or other structure on a site. C. "Capital Equipment"is buildings,vehicles,weapons, and communications equipment,all with an expected use life of three years or more. "Capital Equipment"shall include the cost of training new police officers when such new officers constitute a net expansion of the Opa-locka protective force. D. "Development Order"means a regulatory approval by the City of Opa-locka. Section Six:Imposition of Public Safety Impact Fee A. Any person who,after the effective date of this Ordinance seeks to develop land within the City of Opa-locka,Florida,by applying for a building�g permit, is hereby required to pay a Public Safety'mpact fee in the manner and amount set forth in this ordinance. B. No new building permit for any activity requiring payment of an impact fee pursuant to Section Seven of this ordinance shall be issued unless and until the Public Safety impact fee hereby required has been paid. C. No extension of a building permit issued prior to the effective date of this Ordinance for any activity requiring payment of an impact fee pursuant to Section Seven of this ordinance shall be granted unless and until the Public Safety impact fee hereby required has been paid. Section Seven: Computation of the Amount of Public Safety Impact Fee A. At the option of the feepayer,the amount of the Public Safety impact fee may be determined by the following fee schedules. Opa-locka Public Safety Impact Fee Ordnance Page 4 Public Safety Fee Schedule Residential Floor Area Cost Per Sq.Ft. I $0.116 Buskins Floor Area Cost Per So.Ft. T some (1). If a building permit is requested for mixed uses, then the fee shall be deter- mined through using the above schedules by apportioning the space committed to uses specified on the schedules. (2). If the type of development activity that a building permit is applied for is not specified on the above fee schedules,the City Manager shall use the fee applicable to the most nearly comparable type of land use on the above fee schedules. The City Manager shall be guided in the selection of a comparable type by the City of Opa-locka Comprehensive Plan,supporting documents of the City of Opa-locka Comprehensive Plan,and the City of Opa-locka Zoning Ordinance. If the City Manager determines that there is no comparable type of land use on the above fee schedules then the City Manager shall determine the fee by considering demographic or other documentation which is available from the City of Opa-locka planning Department,and state and regional authorities. (3). In the case of change of use,redevelopment,or expansion or modification of an existing use which requires the issuance of a building permit,the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use. The City Manager shall be guided in this determi- nation by the sources and agencies listed above. B. If a feepayer opts not to have the impact fee determined according to paragraph(A)of this section,then the feepayer shall prepare and submit to the City Manager an independent fee calculation study for the land development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. The City Manager shall consider the documentation submitted by the feepayer but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative,require the feepayer to submit additional or different docu- mentation for consideration. Ilan acceptable independent fee calculation study is not presented, the feepayer shall pay Public Safety impact fees based upon the schedule shown in paragraph(A) of this section. If an acceptable independent fee calculation study is presented,the City Manager may adjust the fee to that appropriate to the particular development. Determinations made by the City Manager pursuant to this paragraph may be appealed to the City Commission by filing a written request with the City Manager within ten(10)days of the City Manager's determination. Opa-locka Public Safety Impact Fee Ordnance Page 5 Section Eight:Payment of Fee A. The feepayer shall pay the Public Safety impact fee required by this ordinance to the City Manager or his/her designee prior to the issuance of a building permit. B. All funds collected shall be properly identified by and promptly transferred for deposit in the Public Safety Impact Fee Trust Fund to be held in separate accounts as determined in Section Ten of this ordinance and used solely for the purposes specified in this ordinance. Section Nine: Public Safety Impact Fee Trust Fund Established A. 1There is hereby established a Public Safety Impact Fee Trust Fund. B. Funds withdrawn from this account must be used in accordance with the provisions of Section Ten of this ordinance. Section Ten: Use of Funds A. Funds collected from Public Safety impact fees shall be used solely for the purpose of acquiring,equipping,and/or making capital improvements to Public Safety facilities under the jurisdiction of the City of Opa-locka,the County,or the State of Florida,and shall not be used for maintenance or operations. B. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Public Safety impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in paragraph A above. C. At least once each fiscal period the City Manager shall present to the City Commission a proposed capital improvement program for Public Safety,assigning funds, including any accrued interest,from the several Public Safety Impact Fee Trust Funds to specific Public Safety improvement projects and related expenses. Monies,including any accrued interest,not assigned in any fiscal period shall be retained in the Public Safety Impact Fee Trust Fund until the next fiscal period except as provided by the refund provisions of this ordinance. D. Funds may be used to make refunds required under any Development Order hereto- before or hereafter issued or entered into by the City of Opa-locka as such refunds pertain to the subject matter of this ordinance. E. Funds may be used to provide refunds as described in Section Twelve. Section Eleven: Refund of Fees Paid Opa-locka Public Safety Impact Fee Ordnance Page 6 A. If a building permit expires without commencement of construction, then the feepayer shall be entitled to a refund,without interest,of the impact fee paid as a condition for its issuance except that the City shall retain three percent(3%)of the fee to offset a portion of the costs of collection and refund. The feepayer must submit an application for such a refund to the City Clerk of the City of Opa-locka within 30 days of the expiration of the permit. B. Any funds not expended or encumbered by the end of the calendar quarter immediately following six(6)years from the date the Public Safety impact fee was paid shall, upon application of the then current landowner,be returned to such landowner with interest at the rate of three percent(3 %)per annum,provided that the landowner submits an application for a refund to the City Clerk of the City of Opa-locka within 180 days of the expiration of the six year period. Section Twelve: Exemptions and Credits A. The following shall be exempted from payment of the impact fee: (1) Alterations or expansion of an existing building where no additional units are created and where the use is not changed. (2) The construction of accessory buildings or structures. (3) The replacement of a building or structure with a new building or structure of the same size and use. (4) The installation of a replacement mobile home on a lot or other such site when a Public Safety impact fee for such mobile home site has previously been paid pursuant to this ordinance or where a mobile home legally existed on such site on or prior to the effective date of this Ordinance. Any claim of exemption must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. B. Credits: (1) Public Safety land and/or Public Safety capital improvements may be offered by the feepayer as total or partial payment of the required impact fee. The offer must request or provide for a Public Safety impact fee credit. If the City Manager accepts such an offer, whether the acceptance is before or after-the effective date of this ordinance,the credit shall be determined and provided in the following manner: (a) Credit for the dedication of land shall be valued at: Opa-locka Public Safety Impact Fee Ordnance Page 7 within one(1)year of the acceptance of the offer by the City Manager, the amount of the security shall be increased by ten per cent(10%)compounded, for each year of the life of the security. The security shall be reviewed and approved by the City Commission prior to acceptance of the security. If the Public Safety construction project is not to be completed within 5 years of the date of the fee- payer's offer,the City Commission must approve the Public Safety construction project and its scheduled completion date prior to the acceptance of the offer by the City Manager. (2) Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. (3) Determinations made by the City Manager pursuant to the credit provisions of this section may be appealed to the City Commission by filing a written request with the City Manager within ten(10)days of the City Manager's determination. Section Thirteen: Review The fees contained in Section Seven(A)shall be reviewed by the City Commission at least once each fiscal biennium. • Section Fourteen:Penalty Provision A violation of this ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law;however, in addition to or in lieu of any criminal prosecution,the City of Opa-locka shall have the power to sue in civil court to enforce the provisions of this ordinance. Section Fifteen: Repealer Provision All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section Sixteen: Severability If any section,phrase, sentence 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 portions thereof. Opa-locka Public Safety Impact Fee Ordnance Page 9 (i) 115%of the most recent assessed value by the Property Appraiser, or (ii) by such other appropriate method as the City Commission may have accepted prior to the effective date of this ordinance for particular Public Safety improvements,or (iii) by fair market value established by private appraisers acceptable to the City. Credit for the dedication of Public Safety land shall be provided when the property has been conveyed at no charge to,and accepted by, the City in a manner satisfactory to the City Commission. (b) Applicants for credit for construction of Public Safety improvements shall submit acceptable engineering drawings and specifications,and construction cost estimates to the City Manager. The City Manager shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the City Manager determines that such estimates submitted by the applicant are either unreliable or inaccurate. The City Manager shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit,the reason for the credit, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate and return such signed document to the City Manager before credit will be given.The failure of the applicant to sign,date, and return such document within sixty(60)days shall nullify the credit. (c) Except as provided in subparagraph(d),Credit against impact fees otherwise due will not be provided until: (i) the construction is completed and accepted by the City, the County, or the State,whichever is applicable; (ii) a suitable maintenance and warranty bond is received and approved by the City Clerk of the City of Opa-locka,when applicable. (d)Credit may be provided before completion of specified Public Safety improve- ments if adequate assurances are given by the applicant that the standards set out in Subparagraph(c)will be met and if the feepayer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the City Clerk of the City of Opa-locka in an amount determined by the City Manager. If the Public Safety construction project will not be constructed Opa-locka Public Safety Impact Fee Ordnance Page 8 Section Seventeen: Effective Date This ordinance shall become effective on December 22,2004. PASSED AND DULY ADOPTED THIS 22 Day of SEPT. 2004. -C21;4 - MAYOR ATTEST: Approved as to form and legal sufficiency: (i tA ' th tl/C TTY LERK C Ar0• /!l .9//GAI- DATE Moved by COMMISSIONER TYDUS Second by: VICE MAYOR JOHNSON Commission Vote: 4-0 Commissioner Tydus YES Commission Holmes: YES Vice-Mayor Johnson: YES Mayor Kelley: YES Opa-locka Public Safety Impact Fee Ordnance Page 10 is`Reading/Public Hearing: SEPTEMBER 8, 2004 2"d Reading/Public Hearing: SEPTEMBER 22, 2004 Adopted: SEPTEMBER 22, 2004 Effective Date: DECEMBER 22, 2004 Sponsored by: City Manager ORDINANCE NO. 0 4-11 PARK IMPACT FEE ORDINANCE AN ORDINANCE OF THE CITY OF OPA-LOCKA,FLORIDA RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN THE INCORPORATED AREAS OF THE CITY OF OPA-LOCKA,FLORIDA; IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT IN THE CITY OF OPA-LOCKA FOR PROVIDING NEW PARKS AND RELATED FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE;PROVIDING DEFINITIONS;PROVIDING FINDINGS AND DECLARATIONS OF THE CITY COMMISSION;PROVIDING FOR THE PAYMENT AND TIME OF PAYMENT OF A PARK IMPACT FEE;PROVIDING FOR REVIEW OF PARK IMPACT FEES AND THE FEE SCHEDULES;PROVIDING FOR THE • ESTABLISHMENT OF PARK IMPACT FEE DISTRICTS;PROVIDING FOR . THE PLACEMENT OF REVENUE COLLECTED FROM PARK IMPACT FEES INTO PARK IMPACT FEE TRUST FUNDS ESTABLISHED FOR THAT PURPOSE;PROVIDING FOR EXEMPTIONS AND CREDITS;PROVIDING FOR REFUND OF UNEXPENDED FUNDS;PROVIDING FOR USE OF FUNDS DERIVED FROM PARK IMPACT FEES; PROVIDING THAT PARK IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS;PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE;CONTAINING A REPEALER PROVISION, SEVERABILTTY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF OPA-LOCKA, FLORIDA: Section One: Legislative Findings The City Commission of the City of Opa-locka finds, determines and declares: A. The City of Opa-locka must expand its park system in order to maintain current park standards if new development is to be accommodated without decreasing current standards. This must be done in order to promote and protect the public health, safety and welfare. Park Impact Fee Ordinance Page 1 B. The Florida Legislature through the enactment of Florida Statutes Chapter 163 II has sought to encourage the City of Opa-locka to enact impact fees;The Florida Legislature,through the enactment of Florida Statutes Chapter 163.3202 (3),has sought to encourage Opa-locka to enact impact fees. C. The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development.This must be done in order to promote and protect the public health,safety and welfare; D. Each of the types of land development described in Section Seven hereof,will create demand for the acquisition or expansion of parks and the construction of park improvements. E. The fees established by Section Seven are derived from,are based upon,and do not exceed the costs of providing additional park and park improvements necessitated by the new land developments for which the fees are levied. F. The report entitled"Methods and Data Used to Calculate Police,Park&Recreation and Public Works Impact Fees",dated,July 19,2004,sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs for additional parks and park improvements in the City of Opa-locks Section Two: Short Title.Authority and Applicability. A. This ordinance shall be known and may be cited as the"The City of Opa-locka Park Impact Fee Ordinance." B. The City Commission of the City of Opa-locka has the authority to adopt this ordinance pursuant to Article IV of the Constitution of the State of Florida,and Chapter 166 of the Florida Statutes. C. This ordinance shall apply in the incorporated area of the City of Opa-locka. Section Three: Intents and Purposes A. This ordinance is intended to assist in the implementation of the City of Opa-locka Comprehensive Plan. B. The purpose of this ordinance is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide parks and park improvements in the City of Opa-locka. Park Impact Fee Ordinance Page 2 Section Four: Rules of Construction A. The provisions of this ordinance shall be liberally construed so as to effectively carry out its purpose in the interest of the public health,safety and welfare. B. For the purposes of administration and enforcement of this ordinance,unless otherwise stated in this ordinance,the following rules of construction shall apply to the text of this ordi- nance: (1)In case of any difference of meaning or implication between the text of this ordinance and any caption,illustration,summary table,or illustrative table,the text shall control. (2)The word"shall" is always mandatory and not discretionary; the word "may" is permissive. (3)Words used in the present tense shall include the future;and words used in the singular number shall include the plural, and the plural the singular,unless the context clearly indicates the contrary. (4)The phrase"used for"includes"arranged for", "designed for", "maintained for",or"occupied for". (5)The word"person"includes an individual,a corporation,a partnership,an incorporated association,or any other similar entity. (6)Unless the context clearly indicates the contrary,where a regulation involves two(2)or more items,conditions,provisions,or events connected by the conjunc- tion "and", "or"or"either...or",the conjunction shall be interpreted as follows: (a)"And"indicates that all the connected terms,conditions,provisions or events shall apply. (b)"Or"indicates that the connected items,conditions,provisions or events may apply singly or in any combination. (c) "Either...or"indicates that the connected items,conditions, provisions or events shall apply singly but not in combination. (7)The word"includes"shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (8) "City Manager" means the City Manager municipal officials he/she may designate to carry out the administration of this ordinance. Park impact Fee Ordinance Page 3 Section Five: Definitions A. A"feepayer" is a person applying for the issuance of a building permit. B. `Building permit for a residential building"is the approval issued by the City of Opa- locka that authorizes the construction or placement of a building,dwelling,mobile home, recreational vehicle or other structure on a site,where the purposes of the building or structure is for the occupancy by humans. This would include temporary as well as permanent occupancy. C. A"capital improvement" includes parks planning, land acquisition,site improvements,buildings,and equipment,but excludes maintenance and operation. D. "Development Order"means a regulatory approval by the City of Opa-locka. E. "Private recreational facility" is any recreational facility which is not owned by or dedicated to any governmental entity. Section Six: Imposition of Park Impact Fee_ A. Any person who,after the effective date of this Ordinance,seeks to develop land within the City of Opa-locka,Florida,by applying for a building permit for a residential building • is hereby required to pay a park impact fee in the manner and amount set forth in this ordinance. . B. No new residential building permit for any activity requiring payment of an impact fee pursuant to Section Seven of this ordinance shall be issued unless and until the park impact fee hereby required has been paid. C. No extension of a residential building permit issued prior to the effective date of this Ordinance for any activity requiring payment of an impact fee pursuant to Section Seven of this ordinance shall be granted unless and until the park impact fee hereby required has been paid. Section Seven: Computation of the Amount of Park Impact Fee A. At the option of the feepayer, the amount of the park impact fee may be determined by the following fee schedule. Park Impact Fee Schedule Residential Floor Area Cost Per Sq.Ft. $0.722 Park Impact Fee Ordinance Page 4 (1) If a building permit is requested for mixed uses,then the fee shall be determined through using the above schedule by apportioning the space committed to uses specified on the schedule. (2) If the type of development activity that a residential building permit is applied for is not specified on the above fee schedule,the City Manager shall use the fee applicable to the most nearly comparable type of land use on the above fee schedules. The City Manager shall be guided in the selection of a comparable type by the City of Opa-locka Comprehensive Plan,supporting documents of the City of Opa-locka Comprehensive Plan,and the City of Opa-locka Zoning Ordinance. If the City Manager determines that there is no comparable type of land use on the above fee schedule then the City Manager shall determine the appropriately discounted fee by considering demographic or other documentation which is available from State, local and regional authorities. (3) In the case of change of use,redevelopment,or expansion or modification of an existing use which requires the issuance of a residential building permit,the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use. The City Manager shall be guided in this determination by the sources and agencies listed above. B. If a feepayer opts not to have the impact fee determined according to paragraph(A)of this section, then the feepayer shall prepare and submit to the City Manager an independent fee calculation study for the land development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. The City Manager shall consider the documentation submitted by the feepayer but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not • reliable and may,in the alternative,require the feepayer to submit additional or different docu- mentation for consideration. If an acceptable independent fee calculation study is not presented, the. feepayer shall pay park impact fees based upon the schedule shown in paragraph(A)of this section. If an acceptable independent fee calculation study is presented,the City Manager may adjust the fee to that appropriate to the particular development. The adjustment may include a credit against the fee otherwise payable up to three(3%)for private recreational facilities constructed or deed restricted or otherwise set aside for recreational purposes by the feepayer which serve the same purposes and functions as set forth for public parks in the City of Opa- locka Comprehensive Plan. Determinations made by the City Manager pursuant to this paragraph may be appealed to the City Commission by filing a written request with the City Manager within ten(10)days of the City Manager's determination. Section Eight:Payment of Fee A. The feepayer shall pay the park impact fee required by this ordinance to the City Manager or his/her designee prior to the issuance of a residential building permit. B. All funds collected shall be properly identified by park impact fee district and promptly transferred for deposit in the appropriate Park Impact Fee Trust Fund to be held in Park Impact Fee Ordinance Page 5 separate accounts as determined in Section Ten of this ordinance and used solely for the purposes specified in this ordinance. Section Nine: Park Impact Fee Districts There are hereby established four(4)park impact fee districts as shown in Appendix I attached hereto and incorporated herein by reference. Section Ten:Park Impact Fee Trust Funds Established A. There are hereby established four(41 separate Park Impact Fee Trust Funds,one for each park impact fee district established by Section Nine of this Ordinance. B. Funds withdrawn from these accounts must be used in accordance with the provisions of Section Eleven of this ordinance. Section Eleven: Use of Funds A. Funds collected from park impact fees shall be used solely for the purpose of acquiring and/or making capital improvements to parks under the jurisdiction of the City of Opa- locka,the County,or the State of Florida, and shall not be used for maintenance or operations. B. Funds shall be used exclusively for acquisitions,expansions,or capital improvements within the park impact fee district as identified in Appendix I,hereto,from which the funds were collected or for projects in other park impact fee districts which are of benefit to the park impact district from which the funds were collected. Funds shall be expended in the order in which they are collected. C. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which park impact fees may be expended,impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in paragraph A above and are located within the appropriate impact fee districts created by Section Nine of this ordinance or as provided in paragraph B of this section. D. At least once each fiscal period the City Manager shall present to the City Commission a proposed capital improvement program for parks,assigning funds, including any accrued interest,from the several Park Impact Fee Trust Funds to specific park improvement projects and related expenses. Monies, including any accrued interest,not assigned in any fiscal period shall be retained in the same Park Impact Fee Trust Funds until the next fiscal period except as provided by the refund provisions of this ordinance. E. Funds may be used to provide refunds as described in Section Twelve. Park Impact Fee Ordinance Page 6 Section Twelve:Refund of Fees Paid A. If a residential building permit expires without commencement of construction,then the feepayer shall be entitled to a refund,without interest,of the impact fee paid as a condition for its issuance except that the City shall retain three percent(3 %)of the fee to offset a portion of the costs of collection and refund. The feepayer must submit an application for such a refund to the City Manager thirty(30)days prior to the expiration of the permit. B. Any funds not expended or encumbered by the end of the calendar quarter immediately following six(6)years from the date the park impact fee was paid shall,upon application of the then current landowner,be returned to such landowner with interest at the rate of three percent(3 %)per annum,provided that the landowner submits an application for a refund to the City Clerk of the City of Opa-locka within 180 days of the expiration of the six year period. Section Thirteen:Exemptions and Credits A. The following shall be exempted from payment of the impact fee: (1) Alterations or expansion of an existing building where no additional residen- tial units are created and where the use is not changed. (2) The construction of accessory buildings or structures. (3) The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use. (4) The installation of a replacement mobile home on a lot or other such site when a park impact fee for such mobile home site has previously been paid pursuant to this ordinance or where a mobile home legally existed on such site on or prior to the effective date of this Ordinance. (5) The construction of any non-residential building or structure or the installa- tion of a non-residential mobile home. Any claim of exemption must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. B. Credits: (1). Park land and/or park capital improvements may be offered by the feepayer as total or partial payment of the required impact fee. The offer must specifically Park Impact Fee Ordinance Page 7 request or provide for a park impact fee credit. If the City Manager accepts such an offer,whether the acceptance is before or after the effective date of this ordinance,the credit shall be determined and provided in the following manner: (a). Credit for the dedication of land shall be valued at(i) 115%of the most recent assessed value by the Property Appraiser,or(ii)by such other appropriate method as the City Commission may have accepted prior to the effective date of this ordinance for particular park improvements,or (iii)by fair market value established by private appraisers acceptable to the City. Credit for the dedication of park land shall be provided when the property has been conveyed at no charge to,and accepted by,the City in a manner satisfactory to the City Commission. (b). Applicants for credit for construction of park improvements shall submit acceptable engineering drawings and specifications, and construc- tion cost estimates to the City Manager. The City Manager shall deter- mine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the City Manager determines that such estimates submitted by the applicant are either unreliable or inaccurate. The City Manager shall provide the appli- cant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit,and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or cer- tificate and return such signed document to the City Manager before credit will be given.The failure of the applicant to sign,date,and return such document within 60 days shall nullify the credit. (c). Except as provided in subparagraph(d), Credit against impact fees otherwise due will not be provided until: (i)the construction is completed and accepted by the City,the County or the State,whichever is applicable; (ii)a suitable maintenance and warranty bond is received and approved by the City Clerk of the City of Opa-locka,when applicable. (d). Credit may be provided before completion of specified park improve- ments if adequate assurances are given by the applicant that the standards set out in Subparagraph(c)will be met and if the feepayer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the City of Opa-locka in an amount deter- Park Impact Fee Ordinance Page 8 mined by the City Manager. If the park construction project will not be constructed within one(1)year of the acceptance of the offer by the City Manager,the amount of the security shall be increased by ten per cent (10%)compounded,for each year of the life of the security. The security shall be reviewed and approved by the City Commission prior to accep- tance of the security. If the park construction project is not to be com- pleted within 5 years of the date of the feepayer's offer,the City Commission must approve the park construction project and its scheduled completion date prior to the acceptance of the offer by the City Manager. (2). Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. (3). Credits shall not be transferable from one project or development to another without the approval of the City Commission and may only be transferred to a development within a different impact fee district upon a finding by the City Commission that the dedication for which the credit was given benefits such different impact fee district. (4). Determinations made by the City Manager pursuant to this paragraph may be appealed to the City Commission by filing a written request with the City Manager with _ ten(10)days of the City Manager's determination. Section Fourteen: Review The fee schedule contained in Section Seven(A)shall be reviewed by the City Commission at least once each fiscal biennium. Section Fifteen: Penalty Provision A violation of this ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution the City of Opa-locka shall have the power to sue in civil court to enforce the provisions of this ordinance. Section Sixteen: Repealer Provision All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section Seventeen: Severability If any section,phrase,sentence 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 Park Impact Fee Ordinance Page 9 remaining portions thereof. Section Eighteen: Effective Date: This ordinance shall become effective on December 22,2004. PASSED AND DULY ADOPTED THIS 22 Day of SEPT. 2004. MAY•R ATTEST: Approved as to form and legal sufficiency: (f` U CITY LE• O Via/Of DATE Moved by: VICE MAYOR JOHNSON Second by: COMMISSIONER TYDUS C9mmission Vote 4-0 Commissioner Tydus: YES Commissioner Holmes: YES Vice-Mayor Johnson: YES Mayor Kelley: YES Park Impact Fee Ordinance Page 10 APPENDIX I PARKS AND RECREATION The Opa-locka inventory of park facilities yields a ratio of 0.566 acres of parks per 1,000 population. Available data show a facility cost per capita of$223.29. The facil- ity cost table shows that this cost may be an understatement. However,this understated cost is all that can be supported with available data. PARK AND RECREATIONAL FACILITY COSTS CITY OF OPA-LOCKA 2004 PARK ACRES LAND IMPROVE- TOTAL VALUE MENT VALUE VALUE Sherbondy Park 3.260 $500,000 $591,000 $1,091,000 - Washington Tot Lot 0.250 $150,000 $35,000 $185,000 Segal Park(Helen Miller)Center 2.450 $500,000 $662,000 $1,162,000 Ingram Park 25.595 $918,527 $208,919_$1,127,446 TOTAL 31.555 _ $2,068,527 _ $1,496,919 $3,565,446 PER 1,000 POPULATION 2.049 PER CAPITA $231.57 • RESIDENTIAL FLOOR AREA 4,937,287 COST PER Sq. Ft. $0.722 SOURCE:City of Opa-lodca,May 2003 and July 2004. Future updates should be able to incorporate more data and provide more complete fa- cility costs. There are no existing data that suggest that non-residential developments either place demands upon or benefit from Opa-locka's system of park and recreation facilities.