96-30 ORDINANCE NO. 96-30
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE
FOR POLICE SERVICES; PROVIDING FOR LEGISLATIVE
FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR
IMPACT FEES IN GENERAL; PROVIDING FOR IMPACT
FEE COMPUTATION FORMULA; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR IMPACT FEE
EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF
IMPACT FEE FUND; PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA:
Section 1. Short Title. This Ordinance shall be known and may be cited as
the Interim Police Services Impact Fee Ordinance.
Section 2. Legislative Findings. The City Council finds, determines and
declares that:
a) Until such time as the City of Aventura adopts its own Comprehensive
Plan or Impact Fee Study, the City hereby adopts the Impact Fee
amounts established by Dade County for Police Services.
b) The Florida Legislature, through enactment of Florida Statutes Chapter
163, has sought to encourage the City of Aventura to enact impact
fees.
c) The Florida Legislature, through enactment of Florida Statutes Chapter
163, has provided that until the City of Aventura prepare and adopts its
own Comprehensive Plan, but within three (3) years following
incorporation, the Dade County Master Development Plan shall be
deemed the effective Plan.
d) The Dade County Board of County Commissioners has adopted
impact fees which it has determined to be consistent with and in
furtherance of the goals, objectives and policies of its adopted
Comprehensive Plan.
e) The provision of adequate police protection is essential for the safety
of the public.
f) New development in the City will directly and adversely impact existing
police services. In order to maintain adequate police protection for the
existing population and to accommodate projected population due to
new development, additional capital resources are required.
ORDINANCE NO. 96-30
Page 2
Section 3. Definitions. In construing the provisions hereof and each and
every word, term, phrase or part hereof where the context will permit, the following
definitions will apply:
Applicant means the person who applies for a building permit or submits a plat or
waiver of plat.
Building means any structure having a roof entirely separated from any other
structure by space or by walls in which there are no communicating doors or windows
or any similar opening and erected for the purpose of providing support or shelter for
persons, animals, things or property of any kind.
Building Permit means an official document or certificate issued by the City of
Aventura Community Development Department authorizing the construction siting, or
change of use of any building. For purposes of this Ordinance, the term "Building
Permit shall also include tie-down permits for those structures or Buildings, such as
mobile homes, that do not require a Building Permit in order to be occupied.
City Manager shall mean the City Manager of the City of Aventura, Florida.
Comprehensive Development Master Plan (CDMP) means the comprehensive
plan of Dade County adopted and amended pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act, Section 163.316 et
seq., Florida Statutes (1987).
Credit means the present value of past provisions made by new developments
for the cost of existing or future capital improvements.
Development Activity, Development or Activity means any activity for which a
Building Permit is required pursuant to the South Florida Building Code or any
applicable City Ordinance.
Development of Regional Impact means any Development which because of its
character, magnitude or location would have a substantial impact on the health, safety
or welfare of the citizens of more than one county.
Encumbered means monies committed by contract or purchase order in a
manner that obligated the City of Aventura to expend the funded amount upon delivery
of goods, the rendering of services or the conveyance of real property provided by a
vendor, supplier, contractor or owner.
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Existing Development means the lawful land use physically existing as of the
effective date of this Ordinance and any Development or additional Development for
which the landowner holds a valid Building Permit as of the effective date of this
Ordinance. Existing Development shall also include that maximum level of
Development Activity for which a 3revious impact fee was paid under the provisions of
this Ordinance.
Feepeyer means a person intending to commence a proposed Development for
which an impact fee computation is required under this Ordinance, or a person who has
paid an impact fee, or provided a letter of credit pursuant to this Ordinance.
Impact Fee means the proportionate fair share charge required to be paid in
accordance with this Ordinance.
Improvement means any physical Improvement related to property, construction
costs or other facility, or acquisition of capital equipment with respect to the impact of
Development.
Nonresidential Development means Development not providing for any
residential units.
Person, for the purpose of this Ordinance, means individuals, partnerships,
trusts, corporations, and all other legal entities authorized by the law of Florida to own
and develop real property.
Residential Development means any building or buildings designed to be used
as dwelling units.
Unit or Unit of Development means a residential structure which is a quantifiable
increment of Development Activity, e.g., a single-family home, or a residential module,
e.g., each condominium or apartment Unit within a condominium complex or building.
Section 4. Impact Fees; In General. This section provides certain provisions
which supplement the provisions of the Police Services Impact Fees requirements
contained in this Ordinance.
a) Any application for Building Permit for Development Activity within the
corporate limits of the City of Aventura shall be subject to the
assessment of a Police Services Impact Fee in the manner and
amount set forth in this Ordinance. No Building Permit shall be issued
by the City until the Applicant has paid the assessed Impact Fees as
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calculated pursuant to this Ordinance.
b) Notwithstanding payment of the Impact Fees pursuant to this
Ordinance, other state, county and city Development regulations may
limit the issuance of Building Permits for Development Activity.
c) In the event Impact Fees are paid prior to or concurrently with the
issuance of a Building Permit and subsequently, the Building Permit is
amended, the Applicant shall pay the Impact Fee in effect at the time
the amended Building Permit is issued with Credit being given for the
previous fees paid.
d) In the case of change of use, redevelopment, or expansion or
modification of an existing use on a site which requires the issuance of
a Building Permit, the Impact fee shall be based upon the net increase
in the Impact Fee for the new use as compared to the most intense
previous use.
e) If a Building Permit is canceled without Development commencing,
then the Impact Feepayer shall be entitled to a refund, without interest,
of the Impact Fee paid except that the City shall retain five percent
(5%) of the fee to offset a portion of the costs of collection and refund.
The Impact Feepayer shall submit an application for such a refund to
the City Manager or his designee within thirty (30) days of the
expiration of the order or permit, or thereafter be deemed to waive any
right to a refund.
f) Any funds not expended or Encumbered by the end of the calendar
quarter immediately following ten (10) years from the date of this
Ordinance shall, upon application of the then current landowner, be
returned to such landowner, without interest, provided that the
landowner submits an application for a refund to the City Manager or
designee within one hundred eighty (180) days of the expiration of the
ten (10) year period. However, this section shall not apply to
Development of Regional Impact with phased or long term buildout.
Any claim not so timely made shall be deemed waived.
g) Funds shall be deemed expended for the purposes of this Ordinance
when a contract or agreement encumbering all or a portion of the
payment of said funds shall be approved by final City action.
Section 5. Impact Fee Computation Formula.
(a) The Feepayer shall pay a Police Services Impact Fee amount based
on the formula set forth below. The fee shall be collected by the
Community Development Department for all structures for which a
Building Permit is issued. Such fee will be based on the capital costs
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required to serve the increased demand for police services resulting
from the proposed new Development Activities, together with Impact
Fee administrative costs. The formula to be used to calculate the
Police Services Impact Fee shall be established as follows for each
property type:
The City of Aventura shall employ the following schedule to compute the amount of fee
to be paid.
Land Use/Occupancy Type Cost per Unit or per Square Foot
Residential $96.47 per Unit
Nonresidential $0.140 per square foot
(b) The fee per residential Unit or fee per nonresidential square foot shall
be multiplied by the Feepayer's total number of Units for residential
property or total number of square feet for nonresidential property.
The total will then be multiplied by 1.05 to accommodate the general
administrative charge of five (5) percent. The resulting total is the
Police Services Impact Fee and administrative charge which shall be
paid by the Feepayer.
(c) In the case of Development Activity involving a change of use or
magnitude of use in which a Building Permit is required, the proposed
Development shall be required to pay an Impact Fee only for the
increase in the Development Activity. The Impact Fee shall be the
difference between the computed Impact Fee for the proposed
Development Activity and the computed Impact Fee for the Existing
Development Activity. Any Building Permit which expires or is revoked
after the effective date of this Ordinance and for which a fee has not
previously been paid under this Ordinance shall be required to comply
with the provisions herein. No refunds will be given for proposed
Development Activity resulting in a negative fee calculation.
(d) If the type of Activity within a proposed or current Development is not
specified, the City Manager or his designee shall use the Activity most
nearly comparable in computing the fee.
(e) In determining Existing Development Activity and the Units or square
feet of proposed or Existing Development, the Community
Development Department shall use the Building Permit and the
certificate of use information contained in the building or zoning
records of Dade County or the City.
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Section 6. Exemptions.
(a) Alteration, expansion or replacement of an existing building or Unit
where the use is not changed and the number of Units or square
footage is not increased shall not be subject to the Impact Fees. The
burden of demonstrating the previous existence of a use or structure
or previous payment of Impact Fees shall be upon the Feepayer. In
cases where there is an existing use, any additional fees shall be
based upon the alteration to the existing use or structure.
(b) Governmental or public facilities are exempt from the Impact Fee,
including those parcels, grounds, building or structures owned by
Federal, State, County or the City, the Dade County School Board or
the South Florida Water Management District, and related to the
operation of those entities and used for governmental purposes
including, but not limited to, governmental offices, police and fire
stations, airports, seaports, parking facilities, equipment yards,
sanitation facilities, water control structures, schools, parks, and similar
facilities in or through which general government operations are
conducted. It is provided, however, that the following shall not be
considered governmental or public facilities and shall be subject to the
previsions of this Ordinance: (1) privately owned properties or
facilities leased for governmental operations or activities; and (2)
public properties or facilities used for private residential, commercial or
industrial activities.
(c) The construction of accessory buildings or structures where the use is
not changed, such that an additional impact does not result and the
number of Units or square footage is not materially increased, is
exempt.
(d) A building replacement meeting the requirements of section 104.3(D),
South Florida Building Code (replacement necessitated by partial
destruction) is exempt.
(e) Parking garages are exempt from Impact Fees when the structure is
accessory to a primary use structure.
(f) An exemption must be claimed by the Feepayer prior to paying the
Impact Fee. Any exemption not so claimed shall be deemed to have
been waived by Feepayer.
Section 7. Impact Fee Expenditures.
(a) Expenditures from the Impact Fee shall include, but not be limited to:
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(1) Planning, design, and construction plan preparation;
(2) Permitting and fees;
(3)Land and materials acquisition, including any costs of
acquisition or condemnation;
(4) Relocation of utilities required by the construction of
Improvements and additions to police facilities;
(5) Design and construction of new drainage facilities required by
the construction of Improvements and additions to police
facilities;
(6) Landscaping and site preparation, including demucking, filling to
flood criteria and compaction;
(7) Construction management and inspection;
(8) Surveying, soils and materials testing and removal of hazardous
and solid waste materials;
(9) Acquisition of capital equipment for police services;
(10) Repayment of any monies transferred or borrowed from any
budgetary fund of the City subsequent to the effective date of
this Ordinance, which were used to fund any of the growth-
necessitated Improvements as herein provided. Any funds that
are borrowed shall be spent only to mitigate the impact of new
Development;
(11) Pumhase of land for additional police stations and support
facilities needed to accommodate new growth;
(12) Design and construction of additional police stations and other
facilities or design and Improvement of existing police stations
and other facilities needed to accommodate new growth;
(13) Purchase of other capital equipment for stations affected by
new growth.
(b) The five (5) percent general administrative cost portion of the Impact
Fee shall be deposited into the General Fund and shall be used to
offset the costs of administering the Impact Fee.
Section 8. Establishment of Fund. Impact Fees collected pursuant to this
Ordinance shall be accounted for in a Capital Outlay Impact Fee Fund to be established
by the City.
Section 9. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
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but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 10. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember Cohen, who moved its
adoption on first reading. This motion was seconded by Councilmember Rogers-Libert,
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Pedow yes
Councilmember Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on second reading. This motion was seconded by Councilmember
Berger, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 5th day of November, 1996.
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readi thi 19t fN vember, 1996.
N R
ATTEST: ~.~/q,,,/ .~ W,¢
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CIT~TTATTO~RNEY
EMS/tms
9