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HomeMy WebLinkAbout2005-049ORDINANCE NO. 2005- 049 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING INDIAN RIVER COUNTY ORDINANCE N UMBER 2005-015 "TITLE X, IMPACT FEES"; P ROVIDING FOR REMOVING THE NECESSITY OF IMPAIRMENT TO EXISTING CONTRACTS BEFORE IMPACT FEES CAN BE WAIVED; PROVIDING FOR S ETTING DECEMBER 30, 2005, AS THE DATE TO S UBMIT CONTRACTS FOR CONSIDERATION; PROVIDING FOR ALL RECIPIENTS OF IMPACT FEE E XEMPTIONS TO FILE COMPLETED APPLICATIONS FOR BUILDING PERMITS BY JUNE 30, 2006; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, effective July 1, 2005, Ordinance 2005-015 imposed several new impact fees on new construction in the County; and WHEREAS, this resulted in an approximate $6,000.00 increase for the cost of n ew, single family homes constructed in the County. WHEREAS, even though a saving clause was included in the new impact fee o rdinance, many home buyers and home builders complained that the increase in fees was unfair to people that had signed a contract to build a home but had not yet reached the stage of applying for a building permit. WHEREAS, an additional $6,000 expense for many homebuyers may prevent them from buying a house; and WHEREAS, the Commission did not want the new impact fee ordinance to prevent people from purchasing homes they had already contracted to build; and WHEREAS, the Board removed the requirement that application of the ordinance would impair the obligations of the contract by use of the pending ordinance doctrine at their September 6, 2005 meeting; and WHEREAS, staff was directed to meet with local builders and developers in an attempt to work out a solution to the assessment of the new impact fees upon existing contracts for construction of new homes. WHEREAS, as this ordinance proposes changes to the County's land development regulations, the amendment was presented to the Professional Services Advisory Committee for comment. The Planning and Zoning Commission held a public 1 F:\Attorney\Bill\Ordinance Amendments\All Completed Ordinances\Impact Fees\Amended ordinance.doc ORDINANCE NO. 2005- 049 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING INDIAN RIVER COUNTY ORDINANCE N UMBER 2005-015 "TITLE X, IMPACT FEES"; P ROVIDING FOR REMOVING THE NECESSITY OF IMPAIRMENT TO EXISTING CONTRACTS BEFORE IMPACT FEES CAN BE WAIVED; PROVIDING FOR S ETTING DECEMBER 30, 2005, AS THE DATE TO S UBMIT CONTRACTS FOR CONSIDERATION; PROVIDING FOR ALL RECIPIENTS OF IMPACT FEE E XEMPTIONS TO FILE COMPLETED APPLICATIONS FOR BUILDING PERMITS BY JUNE 30, 2006; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, effective July 1, 2005, Ordinance 2005-015 imposed several new impact fees on new construction in the County; and WHEREAS, this resulted in an approximate $6,000.00 increase for the cost of n ew, single family homes constructed in the County. WHEREAS, even though a saving clause was included in the new impact fee o rdinance, many home buyers and home builders complained that the increase in fees was unfair to people that had signed a contract to build a home but had not yet reached the stage of applying for a building permit. WHEREAS, an additional $6,000 expense for many homebuyers may prevent them from buying a house; and WHEREAS, the Commission did not want the new impact fee ordinance to prevent people from purchasing homes they had already contracted to build; and WHEREAS, the Board removed the requirement that application of the ordinance would impair the obligations of the contract by use of the pending ordinance doctrine at their September 6, 2005 meeting; and WHEREAS, staff was directed to meet with local builders and developers in an attempt to work out a solution to the assessment of the new impact fees upon existing contracts for construction of new homes. WHEREAS, as this ordinance proposes changes to the County's land development regulations, the amendment was presented to the Professional Services Advisory Committee for comment. The Planning and Zoning Commission held a public 1 F:\Attorney\Bill\Ordinance Amendments\All Completed Ordinances\Impact Fees\Amended ordinance.doc ORDINANCE NO. 2005- 049 hearing on the proposed ordinance amendment wherein comments from the public were received; and WHEREAS, the Planning and Zoning Commissioner recommends the time period for exemption from the new impact fees should be shortened from June 30, 2006, to December 30, 2005, and further recommends that requiring all recipients of the impact fee exemptions to file complete applications for building permits before June 30, 2005. N OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: S ECTION 1. AMENDMENT. The Exemption to Ordinance 2005-015 of the Indian River County Code is hereby amended to read as follows: Exemption: Coomplete building permit applications received after July 1, 2005, shall be assessed in accordance with the prior impact fee schedule ordinance 2004-015 (codified as Chapter 953) if they meet the following conditions: 1. A valid contract has been executed prior to July 1, 2005; and 2. A copy of the executed contract together with a copy of the cancelled check for deposit monies is submitted to the Community Development D epartment on or before December 30, 2005; and • This Exemption shall expire June 30, 2006 , unless further extended by a duly enacted ordinance. S ECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified. SECTION 3. SEVERABILITY. 2 Coding: Words underscored are additions to text; words in strikethf u^h format are deletions to text. ORDINANCE NO. 2005- 049 hearing on the proposed ordinance amendment wherein comments from the public were received; and WHEREAS, the Planning and Zoning Commissioner recommends the time period for exemption from the new impact fees should be shortened from June 30, 2006, to December 30, 2005, and further recommends that requiring all recipients of the impact fee exemptions to file complete applications for building permits before June 30, 2005. N OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: S ECTION 1. AMENDMENT. The Exemption to Ordinance 2005-015 of the Indian River County Code is hereby amended to read as follows: Exemption: Coomplete building permit applications received after July 1, 2005, shall be assessed in accordance with the prior impact fee schedule ordinance 2004-015 (codified as Chapter 953) if they meet the following conditions: 1. A valid contract has been executed prior to July 1, 2005; and 2. A copy of the executed contract together with a copy of the cancelled check for deposit monies is submitted to the Community Development D epartment on or before December 30, 2005; and • This Exemption shall expire June 30, 2006 , unless further extended by a duly enacted ordinance. S ECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified. SECTION 3. SEVERABILITY. 2 Coding: Words underscored are additions to text; words in strikethf u^h format are deletions to text. ORDINANCE NO. 2005- 049 If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Press Journal on the 3rd day of December, 2005, for a public hearing on the 13th day of December, 2005, at which time it was moved for adoption by Commissioner Davi s , and seconded by Commissioner Neuberger , and adopted by the following vote: Chairman Thomas S. Lowther Vice Chairman Arthur R. Neuberger Commissioner Wesley S Davis Commissioner Gary C. Wheeler Commissioner Sandra L. Bowden Aye Aye Aye Ay P Aye The Chairman thereupon declared the ordinance duly passed and adopted this 13thday of 11arPmher , 2005. Attest: INDIAN RIVER COUNTY, FLORIDA J. K Barton, Clerk by its Board of County Commissioners Byrnl1/LGDi • Deputy Clerk Approved as to fo - an Sufi '-ncy illiam K. • -Braal Assistant County Attorney By Thomas S. Lowther, Chairman BCC Approved: December 13, 2fll, ACKNOWLEDGMENT by the Department of State of the State of Florida, this Z2 day of � �. c— , 2005. 3 Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. ORDINANCE NO. 2005- 049 If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Press Journal on the 3rd day of December, 2005, for a public hearing on the 13th day of December, 2005, at which time it was moved for adoption by Commissioner Davi s , and seconded by Commissioner Neuberger , and adopted by the following vote: Chairman Thomas S. Lowther Vice Chairman Arthur R. Neuberger Commissioner Wesley S Davis Commissioner Gary C. Wheeler Commissioner Sandra L. Bowden Aye Aye Aye Ay P Aye The Chairman thereupon declared the ordinance duly passed and adopted this 13thday of 11arPmher , 2005. Attest: INDIAN RIVER COUNTY, FLORIDA J. K Barton, Clerk by its Board of County Commissioners Byrnl1/LGDi • Deputy Clerk Approved as to fo - an Sufi '-ncy illiam K. • -Braal Assistant County Attorney By Thomas S. Lowther, Chairman BCC Approved: December 13, 2fll, ACKNOWLEDGMENT by the Department of State of the State of Florida, this Z2 day of � �. c— , 2005. 3 Coding: Words underscored are additions to text; words in strikethrough format are deletions to text.