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20-2195 Creating Chapter 60 of City Code for Impact Fees Related to Police, Fire , Parks, Recreation and Public Works ServicesORDINANCE NO. 20-2195 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE CITY OF LONGWOOD CODE OF ORDINANCES TO CREATE A NEW CHAPTER 60 OF THE CITY CODE PROVIDING FOR IMPACT FEES RELATED TO NEW DEVELOPMENT; CREATING AND IMPOSING IMPACT FEES RELATED TO POLICE SERVICES, FIRE RESCUE SERVICES, PARKS AND RECREATION, AND PUBLIC WORKS AND ADMINISTRATION; ADOPTING REGULATIONS, PROCEDURES, AND REQUIREMENTS RELATED TO THE CITY'S IMPOSITION, COLLECTION, AND USE OF IMPACT FEES; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, impact fees are an important source of revenue for local governments to help fund infrastructure improvements necessitated by new growth; and WHEREAS, the City is authorized to impose impact fees pursuant to Section 163.31801, Florida Statutes, and pursuant to the City's Home Rule authority as granted by Chapter 166, Florida Statutes; Article VIII, Section 2 of the Florida Constitution; and other law; and WHEREAS, the City commissioned that certain Municipal Impact Fee Study dated October 19, 2020 by Raftelis Financial Consultants, Inc., a copy of which is on file with the City (the "Impact Fee Study"); and WHEREAS, the City approves the Impact Fee Study and desires to adopt and implement the impact fees set forth therein; and WHEREAS, the City Commission finds that the impact fees set forth in the Impact Fee Study as adopted by this Ordinance are sufficient to fund the projected capital requirements associated with providing the applicable services to new growth and development; and WHEREAS, the City Commission finds that the Impact Fee Study and the impact fees adopted bythis Ordinance are based on the most recent and localized data as required by Section 163.31801(3)(a), Florida Statutes; and WHEREAS, the City Commission finds that the impact fees adopted by this Ordinance are proportional and reasonably connected to, and have a rational nexus with, the need for additional capital facilities to meet the estimated increased impact generated by new residential and commercial construction, as required by Section 163.31801(3)(f), Florida Statutes; and Ordinance No. 20-2195 Page 1 of 25 WHEREAS, the City Commission finds that the impact fees adopted by this Ordinance are proportional and reasonably connected to, and have a rational nexus with, the expenditures of the funds collected and the benefits accruing to new residential and nonresidential construction, as required by Section 163.31801(3)(g), Florida Statutes; and WHEREAS, prior to the effective date of this Ordinance, the City has provided at least 90 days' notice to the public as required by Section 163.31801(3)(d), Florida Statutes; and WHEREAS, the City Commission finds that this Ordinance is in the best interest of the public health, safety and welfare and is consistent with the Comprehensive Plan. IT IS HEREBY ORDAINED BY THE CITY OF LONGWOOD AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2. City Code Amendment. The City of Longwood Code of Ordinances is hereby amended to add a new Chapter 60, to read as follows: Chapter 60 — IMPACT FEES Article I. — GENERAL Sec. 60-1. - Imposition. (a) Any person who seeks to develop or redevelop real property located in the city by applying for a building permit, development order, zoning permit change of use or other development permit within the city shall pay the impact fees in the manner and amounts set forth in this chapter. If there is a change of use the highest impact fee shall be adhered to and credit for the less intense use may be credited toward the impact fee New lower intense uses occupying a building shall not be allowed refunds of impact fees previously paid from a prior more intense use. (b) The city may charge an administrative charge for the collection of impact fees; however, in no event shall such administrative charge exceed the actual cost incurred by the city for collection of the impact fees. Ordinance No. 20-2195 Page 2 of 25 (c) The City Commission may amend the impact fees provided for herein by resolution or ordinance Any amendment to the amounts of the impact fees established herein shall be calculated based on the city's most recent and localized data. (d) Development and re -development activities are also subiect to applicable connection fees and development assistance fees set forth in chapter 90. Sec. 60-2. - Definitions. The following words terms and phrases when used in this article, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning: Fire/EMS impact construction means any improvement to land which shall generate the need for fire/EMS services. Impact construction means any improvement to land which requires the payment of one or more impact fees under this chapter. Nonresidential includes all land uses not otherwise specified as residential or exempted as set forth herein The term "nonresidential" shall include but is not limited to, day care facilities residential care facilities nursing homes boardinghouses, educational facilities, cultural facilities churches all commercial uses all transient lodging and entertainment facilities except those which are temporary in nature all automotive facilities and/or structures all miscellaneous business uses and services, and all industrial uses. Parks and recreation impact construction means any residential improvement to land which shall generate the need for city parks and recreation facilities for recreational services. Police impact construction means any improvement to land which shall generate the need for police services. Public works and administrative impact construction means any improvement to land which shall generate the need for public works and administrative services. Ordinance No. 20-2195 Page 3 of 25 Residential includes single-family dwellings, duplex dwellings, townhomes, mobile homes, multiple -family dwelling units, accessory dwelling units, and accessory residential structures. Sec. 60-3. - Accounting report and periodic adjustments. The city manager or the city manager's designee shall provide an accounting report annually to the city commission indicating the amount of fees collected under this chapter and the amount of fees distributed. The city commission shall review the report of the city manager or city manager's designee. The purpose of this review is to analyze use and availability of funds, as well as the effects of inflation on the actual costs of capital improvements and city services, and to review and revise, if necessary impact fees to ensure they will not exceed the pro rata share for the reasonably anticipated expansion costs of capital improvements or other city services necessitated by new development or redevelopment. Sec. 60-4. - Exemptions. (a) The following shall be exempt from payment of impact fees: (1) An alteration or expansion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. (2) The construction of an accessory building or structure to a residential use that will not create additional uses or an increase in density of the residential development. (3) The replacement of an existing dwelling unit of the same type and use where no additional dwelling units are created. (4) The replacement of a lawfully permitted structure, the building permit for which was issued on or before the effective date of the ordinance from which this chapter is derived, or the replacement of a structure that was constructed subsequent thereto and for which the correct impact fees which were owed at the time the building permit was applied for were paid or otherwise provided for, with a new structure of the same use and at the same location with no increase of density or intensity of development. Ordinance No. 20-2195 Page 4 of 25 (5) Any development or redevelopment of property where the City determines in its sole discretion that such development or redevelopment will have no impact on the relevant city facilities or services• however, all development or redevelopment shall be presumed to require payment of all impact fees under this chapter unless exempted under the provisions of this chapter. An exemption must be claimed by the fee paver at the time of the issuance of a building permit development order, or other permit. Any exemption not so claimed shall be deemed irrevocably waived by the fee paver. (b) The City Commission may by resolution or ordinance provide for an exception or waiver for an impact fee for the development or construction of housing that is affordable as defined by section 420.9071, Florida Statutes. Sec. 60-5. - Refund of impact fees paid. (a) If a building permit or final development order expires or is canceled without commencement of the construction the owner of record shall be entitled to a refund, without interest of the impact fee less any allowance for administrative fees that may be due The owner of record shall submit an application for the refund to the city manager, or the city manager's designee within 180 days of the expiration of the permit or final development order. Failure to submit the application for refund within the time specified constitutes a waiver of any claim to such monies. Upon review of the completed application the city manager or city manager's designee shall issue the refund if it is clear the building permit or final development order has expired without the commencement of construction. Sec. 60-6. - Appeals. Any applicant aggrieved by the imposition or calculation of an impact fee under this chapter may appeal to the city manager or city manager's designee bV filing a written notice of appeal with the city manager's office within ten days after the date of the action or decision complained of The written notice of appeal shall set forth concisely the action or decision appealed as well as the grounds upon which the appeal is based. The city manager or city manager's designee shall consider all facts material to the appeal and render a written decision within 30 business days of receiving the appeal. Any applicant aggrieved by such a decision of the city manager or city manager's designee may appeal to the city commission by filing a written notice of appeal with the city manager's office Ordinance No. 20-2195 Page 5 of 25 setting forth concisely the decision appealed within ten days after the date of the decision. The appeal shall be set for the next available city commission meeting for consideration or such other date as agreed by the city and applicant. At the meeting the city commission shall render a decision, which shall constitute final administrative review. Sec. 60-7. - Conveyance of land or equipment and impact fee credits; transfer of credits. (a) If the city agrees in its discretion and pursuant to approval by the city commission a developer or applicant who is subject to one or more impact fees under this chapter may convey suitable land, capital equipment or facilities to the city in lieu of paying the relevant impact fee imposed herein or a portion thereof. However, no impact fee reduction shall exceed the amount of the relevant impact fee imposed in this article. (b) Any land, capital equipment, or facilities conveyed to the city in lieu of paying an impact fee imposed herein must be acceptable to the city in terms of suitable size dimension, soil type, topography, location, accessibility and general character, type and specifications. (c) No credit shall be given for the conveyance of land capital equipment or construction of facilities unless such property is conveyed via deed a bill of sale executed to the city without further consideration, or such other instrument as required by the city in the city's discretion. (d) Prior to issuance of a building permit or if no building permit is required prior to the issuance of the final development order, the applicant shall submit a proposed plan for conveyance or contributions to the city to the city manager or city manager's designee. The proposed plan shall include: (1) A designation of the impact construction for which the plan is being submitted; (2) A legal description of any land proposed to be conveyed and a written appraisal prepared in conformity with subsection (h) of this section; (3) A list of the contemplated contributions to the city and an estimate of the proposed construction costs certified by a professional architect or engineer or an estimate of the proposed value of a proposed conveyance of capital equipment; and (4) A proposed time schedule for completion of the proposed plan. Ordinance No. 20-2195 Page 6 of 25 (f) Within 60 business days after receipt the city manager or city manager's designee shall recommend approval or denial of the proposed plan in accordance with subsection (a) of this section and if approval is recommended establish the amount of credit in accordance with subsection (h) of this section. (g) In reviewing the proposed plan the city manager or city manager's designee shall determine: (1) If such proposed plan is in conformity with needed contemplated improvements and additions to the city facilities impacted by the construction; (2) If the proposed conveyance of land or capital equipment and construction by the applicant is consistent with the public interest; and (3) If the proposed time schedule is consistent with the capital improvement program for the city facilities impacted by the construction. (h) The amount of developer contribution credit shall be determined as follows: (1) The value of conveyed land shall be based upon a written appraisal of fair market value as determined by a Member Appraisal Institute (MAI) appraiser who was selected and paid for by the applicant and who used generally accepted appraisal techniques If the appraisal does not conform to the requirements of this section and any applicable administrative regulations the appraisal shall be corrected and resubmitted In the event the city manager or city manager's designee disagrees with the appraised value he or she may engage another MAI appraiser at the city's expense and the value shall be an amount equal to the average of the two appraisals. If either Party does not accept the average of the two appraisals a third appraisal shall be obtained with the cost of said third appraisal being shared equally by the city and the owner or applicant The third appraiser shall be selected by the first two appraisers and the third appraisal shall be binding on the parties. (2) The value of the construction of an improvement or the value of conveyed capital equipment shall be based upon the actual cost of construction or acquisition of said improvement or capital equipment as certified by a professional architect or engineer as registered by the State of Florida or as shown by a manufacturer's or supplier's invoice However, as to the construction of improvements to land, in no Ordinance No. 20-2195 Page 7 of 25 event shall any credit be granted in excess of the estimated construction costs provided by a professional architect or engineer as registered by the State of Florida and approved by the city as reasonable unless the construction project is competitively bid, in which case, the credit shall be limited to the actual cost of construction. The cost of professional services shall be reasonable as approved by the city and in accordance with local industry standards in order to be eligible for impact fee credits. In the city's determination of reasonableness of the costs of construction, capital equipment and professional services among other things the city shall have the right to review and evaluate cost information provided by the applicant or property owner and use and rely on the opinion of other professionals 0) If a proposed plan is approved for credit by the city, the applicant or owner and the city shall enter into a credit agreement which shall provide for: (1) The timing of actions to be taken by the applicant and the obligations and responsibilities of the applicant, including but not limited to the construction standards and requirements to be complied with. (2) The obligations and responsibilities of the city if any. (3) The amount of the credit as determined in accordance with subsection (h) of this section. (i) Credits shall expire 24 months from the date of the credit agreement M A credit for the conveyance of land shall be granted at such time as the property has been conveyed to and accepted by the city. A credit for the construction of an improvement or conveyance of capital equipment to the city shall be granted at such time as the construction is completed approved and accepted by the city or the time the capital equipment is approved and accepted by the city. The administration of said contribution credits shall be the responsibility of the city manager or designee (1) Any applicant or owner who submits a proposed plan pursuant to this section and desires the issuance of a building permit or other final development order prior to approval of the proposed plan shall pay the applicable impact fee imposed herein Any difference between the amount paid and the amount due should the city manager or city manager's designee approve and accept the proposed plan shall be refunded to the applicant or owner. Ordinance No. 20-2195 Page 8 of 25 (m) The land or capital equipment or facilities conveyed or constructed shall only provide improvements required to accommodate growth. (n) The actual cost for processing of and fees for legal preparation or review of a credit agreement shall be paid by the applicant prior to acceptance of the agreement by city. (o) All credits provided pursuant to this section shall remain with the property and may not be transferred to any other property person or entity except that such credits may be transferred to successors in interest in the property for purposes of use in the development of the property No credits given shall exceed the total amount of impact fees that become due under this chapter concerning impact construction upon the property. Sec. 60-8. — Collection. (a) Except as otherwise provided in this chapter or by law, impact fees due under this chapter shall be due and payable at the time of issuance of the building permit for the impact construction except for the construction of a new single-family home which shall be due and payable prior to the building official's or designee's pre -power electrical inspection or approval of final electrical power connection. The impact fees shall be collected by the city manager or city manager's designee. (b) In the event impact fees due under this chapter, or any portion or combination thereof, are not paid when due for any reason including by mistake or inadvertence, the city shall have the right to proceed to collect such fees and charges as follows: (1) The city shall serve by certified mail -return receipt requested and regular U.S. Mail, a notice of nonpayment upon the building permit applicant at the address set forth in the building permit application and then current owner of the property based on the ownership information appearing on the Seminole County Property Appraiser website. Provided the city sends the notice of nonpayment the applicant's and/or current owner's failure to receive delivery of such notice of nonpayment shall not invalidate or otherwise impact the city's ability to collect the outstanding amount owed and place and foreclose a notice of lien against the applicable property. (2) The notice of nonpayment shall contain: a. A description of the property; b Advise the applicant and the property owner of the amount due and the fee and/or charges that were not paid; and Ordinance No. 20-2195 Page 9 of 25 c. Advise that in the event the impact fees are not paid within 30 calendar days from the date of the notice of nonpayment that a notice of lien against the applicable property for which the building permit was secured may be recorded in the official records of the county and such notice of lien may be foreclosed upon by the city to collect the outstanding sums owed plus accrued interest and attorneys' fees and other collection expenses. (3) If the amount set forth in the notice of nonpayment is not paid within 30 days from the date of the notice of nonpayment, then: a. The outstanding balance owed to the city shall accrue interest at the rate of 15 percent per annum until such amount is paid in full; Z. b. The city may proceed to record a notice of lien against the applicable property in the official records of the county. Once recorded, the notice of lien shall constitute a lien against the property described therein; and c. A copy of the notice of lien shall be served by U.S. Mail to the applicant and the property owner at the same addresses as set forth in subsection (1) above (4) After the expiration of 60 days from the date of recording of the notice of lien a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted and prosecuted in conformity with the procedures for the foreclosure of liens as set forth in the Florida Statutes. The city shall also have the right to bring an action for monetary judgment to collect past due amounts owed. (5) The owner shall be responsible for and the city shall be entitled to reimbursement for the payment of all collection expenses and costs including attorneys' fees and litigation costs and recording and filing fees, incurred by the city in the collection of fees and charges, filing of liens and in actions to foreclose such liens or actions for a monetary iudgment. (6) If impact fees or any portion or combination thereof, have not been paid when due the city shall have the right to, without notice immediately withhold the issuance of and not process for review any certificate of occupancy, development permit or development order applications associated with the development and property at issue and may issue and enforce a stop work order on construction associated with the development and Property at issue until such fees and charges and the city's associated collection costs are paid in full. (c) The collection and enforcement procedures set forth in this section shall be cumulative with, supplemental to and in addition to any applicable procedures provided in any other ordinance or administrative regulations of the city, any applicable law or administrative regulation of the state, or any agreement. Failure of the city to follow the procedure set forth in this section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the city, any applicable law or administrative regulation of the state, or any agreement. Ordinance No. 20-2195 Page 10 of 25 Article II. — PARKS AND RECREATION IMPACT FEES Sec. 60-9. - Intent and purpose. (a) The purpose of this article is to require payment of parks and recreation impact fees by those who engage in parks and recreation impact construction and to provide for the cost of capital improvements to the city which are required to accommodate such growth. This article shall not be construed to permit the collection of parks and recreation impact fees in excess of the amount reasonably anticipated to offset the demand on the city generated by such applicable parks and recreation impact construction. (b) All impact fees established in this article are calculated based on the city's most recent and localized data Any future amendment to the amount of these impact fees shall be based on the city's most recent and localized data available at that the time of amendment. Sec. 60-10. - Imposition. (a) Any person who seeks to develop or redevelop real property located in the city by applying for a building permit development order, or other permit for parks and recreation impact construction within the city shall paythe following parks and recreation impact fees which are based on the city's most recent and localized data: PARKS AND RECREATION IMPACT FEE SCHEDULE j { Development Type Unit of Measurement Impact Fee j RESIDENTIAL i— Single Family Dwelling unit $1,072.00 Multi -Family Dwelling unit $774.00 i b The city may charge an administrative charge for the collection of impact fees; however, in no event shall such administrative charge exceed the actual cost incurred by the city for collection of the impact fees If the option to establish an administrative Ordinance No. 20-2195 Page 11 of 25 charge is exercised, then such administrative charge shall be set by resolution or ordinance of the city commission or by the city manager or city manager's designee. c No less than 90 days' notice shall be provided to the public before the effective date of any amendment to the ordinance from which this article is derived which imposes a new or increased impact fee. Sec. 60-11. - Impact fee trust account and use of monies. (a) There is established a trust account for the parks and recreation impact fees designated as the "parks and recreation impact fee trust account," which shall continue to be maintained separate and apart from all other accounts of the city. (b) The funds collected by reason of establishment of the parks and recreation impact fees in accordance with this article shall be used solely for the purpose of acquisition of facilities, land, and equipment determined to be needed to provide parks for new development within the city. Said funds shall not be used to maintain or repair existing park facilities or equipment or to acquire facilities or equipment to serve existing development. (c) The city shall spend funds on a first in, first out basis. Article Ill. — FIRE RESCUE/EMT IMPACT FEES Sec. 60-12. Intent and purpose. (a) The purpose of this article is to require payment of fire/EMS impact fees by those who engage in fire/EMS impact construction and to provide for the cost of capital improvements to the fire department which are required to accommodate such growth This article shall not be construed to permit the collection of fire/EMS impact fees in excess of the amount reasonably anticipated to offset the demand on the city fire department generated by such applicable fire/EMS impact construction. (b) All impact fees established herein are calculated based on the city's most recent and localized data. Any future amendment to the amount of these impact fees shall be based on the city's most recent and localized data available at the time of amendment. Sec. 60-13. - Imposition. Ordinance No. 20-2195 Page 12 of 25 (a) Any person who seeks to develop real property located in the city by applying for a building permit development order, or other permit for fire/EMS impact construction within the city shall pay the following fire/EMS impact fees which are based on the city's most recent and localized data: FIRE/EMS IMPACT FEE SCHEDULE Development Type j Unit of Measurement Impact Fee RESIDENTIAL I I i r Single Family Dwelling unit $963.00 Multi -Family Dwelling unit $669.00 i NON-RESIDENTIAL I 1 General Light Industrial Per Sq. Ft. $0.24 i j Manufacturing i Per Sq. Ft. $0.23 Warehousing Per Sq. Ft. $0.05 j Assisted Living Per Sq. Ft. $0.29 Lodging / Hotel Room $756.00 Lodging / Motel j Health and Fitness Club Room Per Sq. Ft. $324.00 $0.22 Church / Religious Institution Per Sq. Ft. 0.28 --- - Day Care Center Per Sq. Ft. $1.65 Hospital Per Sq. Ft. •79 Animal Hospital / Veterinary Clinic Per Sq. Ft. 0.52 Ordinance No. 20-2195 Page 13 of 25 I General Office Building Per Sq. Ft. $0.49 Medical — Dental Office Per Sq. Ft. Building 0.98 Business Park Per Sq. Ft. $0.54 Freestanding Discount Per Sq. Ft. 1.20 Store Shopping Center Per Sq. Ft. $0.87 j Automobile Sales Per Sq. Ft. (New) i 0.84 Automobile Sales Per Sq. Ft. Used 0.78 Supermarket Per Sq. Ft. $1.84 Convenience Market Per Sg. Ft. with Gasoline Pumps 3.62 ! Mariivana Dispensary i Per Sq. Ft. $1.06 Walk-in Bank Per Sq. Ft. $0.80 Drive-in Bank I Per Sq. Ft. $0.97 Copy, Print, and Per Sq. Ft. Express Ship Store 0.36 Drinking Place Per Sq. Ft. $0.50 Fast Causal Restaurant Per Sq. Ft. $3.63 Quality Restaurant / Per Sq. Ft. Low Turnover $0.70 I Restaurant I High Turnover (Sit- Per Sq. Ft. .39 $2- Down) Restaurant i Fast Food Without Per Sq. Ft. Drive -Through 4.29 Fast Food With Drive- Per Sg. Ft. Through ! 6.27 Ordinance No. 20-2195 Page 14 of 25 { Coffee/Donut Shop Per Sq. Ft. 4.64 with Drive -Through Bread/Donut/Bagel Per Sq. Ft. Shop with Drive $0.56 I Through I Automobile Care Center Per Sq. Ft. 0.49 Gasoline / Service Per Sg. Ft. 6.89 ! Station i Super Convenience Per Sg. Ft. 5.06 Market / Gas Station j Non-residential Catch- Per Sq. Ft. 0.49 all / Average Rate b The city may charge an administrative charge for the collection of impact fees; however, in no event shall such administrative charge exceed the actual cost incurred by the city for collection of the impact fees If the option to establish an administrative charge is exercised then such administrative charge shall be set by resolution or ordinance of the city commission or by the city manager or city manager's designee. c No less than 90 days' notice shall be provided to the public before the effective date of any amendment to the ordinance from which this article is derived which imposes a new or increased impact fee. Sec 60-14 - Impact fee trust account and use of monies. (a) There is established a trust account for the fire/EMS impact fees designated as the "fire/EMS impact fee trust account," which shall continue to be maintained separate and apart from all other accounts of the city. (b) The funds collected by reason of establishment of the fire/EMS impact fees in accordance with this article shall be used solely for the purpose of acquisition of facilities and equipment determined to be needed to provide fire/EMS protection for new development within the city. Said funds shall not be used to maintain or repair existing fire facilities or equipment or to acquire facilities or equipment to serve existing development. Ordinance No. 20-2195 Page 15 of 25 (c) The city shall spend funds on a first in, first out basis. Sec. 60-15. - Individual calculation of fire/EMS impact fees. (a) In the event fire/EMS impact construction involves a particular land use and it is unclear which land use category set forth herein applies the city manager or designee shall determine the impact fee based on the most similar fire/EMS impact fee land use category set forth herein. (b) In the event a fire/EMS impact construction involves more than one fire/EMS impact fee land use category, the city manager or designee shall calculate the fire/EMS impact fees based upon the impact to be generated by each separate fire/EMS impact fee land use category included in the proposed fire/EMS impact construction Article IV. — POLICE IMPACT FEES Sec. 60-14. - Intent and purpose. (a) The purpose of this article is to require payment of police impact fees by those who engage in police impact construction and to provide for the cost of capital improvements which are required to accommodate such growth. This article shall not be construed to permit the collection of police impact fees in excess of the amount reasonably anticipated to offset the demand on the city police department generated by such applicable police impact construction. (b) All impact fees established herein are calculated based on the city's most recent and localized data. Any future amendment to the amount of these impact fees shall be based on the city's most recent and localized data available at that the time of amendment Sec. 60-15. - Imposition. (a) Any person who seeks to develop real property located in the city by applying for a building permit, development order, or other permit for police impact construction occurring within the city shall pay the following police impact fees which are based on the city's most recent and localized data: POLICE IMPACT FEE SCHEDULE Ordinance No. 20-2195 Page 16 of 25 I Development Type Unit of Measurement Impact Fee RESIDENTIAL i I i Single Family Dwelling unit $440.00 Multi -Family I Dwelling unit $300.00 i NON-RESIDENTIAL i i General Light Industrial Per Sq. Ft. $0.12 Manufacturing Per Sq. Ft. $0.11 Warehousing Per Sq. Ft. $0.03 I Assisted Living Per Sq. Ft. $0.14 Lodging / Hotel i Room $362.00 j Lodging / Motel Room $155.00 Health and Fitness Club I Per Sg. Ft. $0.10 Church / Religious Institution I Per Sq. Ft. 0.13 Day Care Center Per Sq. Ft. 1.27 Hospital i Per Sq. Ft. $0.38 Animal Hospital / Veterinary Clinic Per Sq. Ft. 0.25 General Office Building )er Sq. Ft. 0.23 Medical — Dental Office Per Sq. Ft. 0.47 Building Business Park Per Sq. Ft. $0.26 Freestanding Discount Per Sq. Ft. 0.58 I Store I Ordinance No. 20-2195 Page 17 of 25 i Shopping Center Per Sq. Ft. $0.42 Automobile Sales Per Sq. Ft. 0.40 j (New)Automobile Sales Per Sq. Ft. 0.38 j Used i Supermarket Per Sq. Ft. $0.88 Convenience Market Per Sq. Ft. 1.73 with Gasoline Pumps Mariivana Dispensary Per Sq. Ft. $0.51 Walk-in Bank Per Sq. Ft. $0.38 Drive-in Bank Per Sq. Ft. $0.46 Copy, Print, and Per Sq. Ft. 0.17 Express Ship Store Drinking Place i Per Sq. Ft. $0.24 Fast Causal Restaurant Per Sq. Ft. $1.74 Quality Restaurant / Per Sq. Ft. Low Turnover $0.33 Restaurant High Turnover (Sit- Per Sq. Ft. 1.15 Down) Restaurant Fast Food Without Per Sq. Ft. 2.05 Drive -Through Fast Food With Drive- Per Sq. Ft. 3.00 Through Coffee/Donut Shop Per Sq. Ft. 2.22 with Drive -Through j Bread/Donut/Bagel Per Sq. Ft. Shop with Drive- $0.27 Through Automobile Care Per Sg. Ft. 0.24 � Center I Ordinance No. 20-2195 Page 18 of 25 Gasoline / Service Per Sq. Ft. 3.30 j Station i Super Convenience Per Sq. Ft. 2 42 j Market / Gas Station Non-residential Catch- Per Sq. Ft. 0.25 All / Average Rate (b) The city may charge an administrative charge for the collection of impact fees; however, in no event shall such administrative charge exceed the actual cost incurred by the city for collection of the impact fees If the option to establish an administrative charge is exercised then such administrative charge shall be set by resolution or ordinance of the city commission. (c) No less than 90 days' notice shall be provided to the public before the effective date of any amendment to the ordinance from which this article is derived which imposes a_ new or increased impact fee. Sec 60-16 - Impact fee trust account and use of monies. (a) There is established a trust account for the police impact fees designated as the "police impact fee trust account," which shall continue to be maintained separate and apart from all other accounts of the city. (b) The funds collected by reason of establishment of the police impact fees in accordance with this article shall be used solely for the purpose of acquisition of facilities and equipment determined to be needed to provide police protection for new development within the city Said funds shall not be used to maintain or repair existing police facilities or equipment or to acquire facilities or equipment to serve existing development. (c) The city shall spend funds on a first in first out basis. Sec 60-17 - Individual calculation of police impact fees. (a) In the event police impact construction involves a particular land use, and it is unclear which land use category set forth herein applies the city manager or designee Ordinance No. 20-2195 Page 19 of 25 shall determine the impact fee based on the most similar police impact fee land use category set forth herein. (b) In the event a police impact construction involves more than one police impact fee land use category, the city manager or designee shall calculate the police impact fees based upon the impact to be generated by each separate police impact fee land use category included in the proposed police impact construction Article V. — PUBLIC WORKS AND ADMINISTRATIVE IMPACT FEES Sec. 60-18. - Intent and purpose. (a) The purpose of this article is to require payment of public works and administrative impact fees by those who engage in public works and administrative impact construction and to provide for the cost of capital improvements which are required to accommodate such growth. This article shall not be construed to permit the collection of public works and administrative impact fees in excess of the amount reasonably anticipated to offset the demand on the city public works department generated by such applicable public works and administrative impact construction. (b) All impact fees established herein are calculated based on the city's most recent and localized data. Any future amendment to the amount of these impact fees shall be based on the city's most recent and localized data available at that the time of amendment Sec. 60-19. - Imposition. (a) Any person who seeks to develop real property located in the city by applying for a building permit, development order, or other permit for public works and administrative impact construction occurring within the city shall pay the following police impact fees which are based on the city's most recent and localized data: PUBLIC WORKS AND ADMINISTRATION IMAPCT FEE SCHEDULE i Development Type I Unit of Measurement Impact Fee j RESIDENTIAL i e Ordinance No. 20-2195 Page 20 of 25 r----_--,-..____ Single Family Dwelling unit j $279.00 Multi -Family Dwelling unit $218.00 i NON-RESIDENTIAL i General Light Industrial Per Sq. Ft. $0.07 I- Manufacturing i Per Sq. Ft. $0.07 Warehousing Per Sq. Ft. 0.02 Assisted Living Per Sq. Ft. $0.08 r- Lodging / Hotel Room $213.00 Lodging / Motel Room 91.00 Health and Fitness Club Per Sq. Ft. $0.06 Church / Religious Institution Per Sq. Ft. 0.08 Day Care Center I Per Sq. Ft. $0.75 Hospital i Per Sq. Ft. $0.22 Animal Hospital / Veterinary Clinic Per Sq. Ft. 0.15 General Office Building Per Sq. Ft. 0.14 Medical — Dental Office Building Per Sq. Ft. 0 28 j-- Business Park i Per Sq. Ft. $0.15 Freestanding Discount Store Per Sq. Ft. 0.34 --_--- Shopping Center Per Sq. Ft. 0.25 Automobile Sales New Per Sq. Ft. 0.24 Automobile Sales Per Sq. Ft. 0 22 Ordinance No. 20-2195 Page 21 of 25 Supermarket Per Sq. Ft. $0.52 Convenience Market Per Sq. Ft. with Gasoline Pumps i 1.02 Marijuana Dispensary Per Sq. Ft. $0.30 Walk-in Bank Per Sq. Ft. $0.23 Drive-in Bank Per Sq. Ft. $0.27 Copy, Print, and Per Sq. Ft. 0.10 Express Ship Store Drinking Place Per Sq. Ft. $0.14 Fast Causal Restaurant Per Sq. Ft. $1.02 Quality Restaurant / Per Sq. Ft. Low Turnover $0.20 Restaurant High Turnover (Sit- Per Sq. Ft. 0.67 Down) Restaurant i Fast Food Without Per Sq. Ft. 1 Drive -Through 1.21 Fast Food With Drive- Per Sq. Ft. Through 1.76 Coffee/Donut Shop Per Sq. Ft. with Drive -Through $1.31 Window Bread/Donut/Bagel Per Sq. Ft. Shop with Drive- $0.16 Through Window Automobile Care Per Sq. Ft.— jCenter 0.14 Gasoline / Service Per Sg. Ft. I Station 1.94 Super Convenience Per Sq. Ft. j I Market / Gas Station 1.42 I I Ordinance No. 20-2195 Page 22 of 25 Non-residential Catch- Per Sq. Ft. 0.16 All / Average Rate (b) The city may charge an administrative charge for the collection of impact fees; however, in no event shall such administrative charge exceed the actual cost incurred by the city for collection of the impact fees If the option to establish an administrative charge is exercised then such administrative charge shall be set by resolution or ordinance of the city commission. (c) No less than 90 days' notice shall be provided to the public before the effective date of any amendment to the ordinance from which this article is derived which imposes a new or increased impact fee. Sec 60-20 - Impact fee trust account and use of monies. (a) There is established a trust account for the public works and administrative impact fees designated as the "public works and administrative impact fee trust account," which shall continue to be maintained separate and apart from all other accounts of the city. (b) The funds collected by reason of establishment of the public works and administrative services impact fees in accordance with this article shall be used solely for the purpose of acquisition of facilities and equipment determined to be needed to provide public works and administrative services for new development within the city. Said funds shall not be used to maintain or repair existing public works or administrative facilities or equipment or to acquire facilities or equipment to serve existing development. (c) The city shall spend funds on a first in, first out basis. Sec 60-21 - Individual calculation of public works and administrative impact fees. (a) In the event public works and administrative impact construction involves a particular land use and it is unclear which land use category set forth herein applies, the city manager or designee shall determine the impact fee based on the most similar public works and administrative impact fee land use category set forth herein. (b) In the event a public works and administrative impact construction involves more than one public works and administrative impact fee land use category, the city manager or designee shall calculate the impact fees based upon the impact to be generated by Ordinance No. 20-2195 Page 23 of 25 each separate public works and administrative impact fee land use category included in the proposed public works and administrative impact construction. SECTION 3. Codification. Section 2 of this Ordinance shall be incorporated into the Longwood Code of Ordinances. Any section, paragraph number, letter and/or any heading of this Ordinance may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, formatting, illustration labeling and numbering, and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance or the Longwood City Code may be freely made. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION S. Conflicts. In the event of a conflict or conflicts between this Ordinance and any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. SECTION 6. Effective date. The Effective Date of this Ordinance is January 15, 2021, which is more than 90 days from the date that the notice concerning the adoption of this Ordinance was published in the newspaper. FIRST READING: October 19, 2020 SECOND READING: November 2, 2020 ADOPTED this 2nd day of November 2020, by the City Commission of the City of Longwood, Florida. CITY COMMISSION CITY OF LONGWOO Richard Drummond, Mayor Ordinance No. 20-2195 Page 24 of 25 ATTEST: chelle Lo , CIVIC, FCRM, City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida only Daniel W. Lan , Ci Attorney Ordinance No. 20-2195 Page 25 of 25