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HomeMy WebLinkAbout2012-004ORDINANCE 2012-004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 1000.15 OF THE CODE OF INDIAN RIVER COUNTY; ESTABLISHING A PROCEDURE FOR REFUNDING CERTAIN IMPACT FEES WHICH ARE NOT ENCUMBERED OR SPENT WITHIN SPECIFIED TIME PERIODS; ESTABLISHING AUTHORITY TO EXTEND THE TIME PERIOD WITHIN WHICH CERTAIN IMPACT FEES MUST BE ENCUMBERED OR SPENT; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, since 1986, the Code of Indian River County has provided that certain impact fees which are not spent or encumbered within approximately six years shall be refunded upon application of the fee payer (1986 — 2005) or the current property owner (2005 to present), which provision is currently set forth in section 1000.15 of the Code; and WHEREAS, from 1986 to 2005, the Code set forth a specific procedure for the County to receive and review impact fee refund applications; however, section 1000.15 of the Code, which has been in effect since 2005, does not provide a specific refund procedure; and WHEREAS, the Board of County Commissioners has determined that the public interest will be served by amending section 1000.15 of the Code to provide a specific refund procedure, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes, vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the County. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Amendment of Section 1000.15 of the Code. Section 1000.15 of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline; deleted language indicated by s#ikethr-ettgh): ORDINANCE 2012- 004 Section 1000.15. Refund of fees paid. (1) If a building permit or an initial one-year concurrency certificate is revoked, expired, or is withdrawn, then the feepayer, successors or assigns, shall be entitled to a refund of the impact fees paid with interest as a result of its revocation, expiration or withdrawal, except that the county shall retain a fee established by resolution to offset the costs of refunding. Impact fees paid in conjunction with an initial seven-year concurrency certificate cannot be refunded, however, any such impact fees paid will run as a credit with the land. (2) Any €tH+ls impact fees not expended or -.encumbered or expended by the end of the calendar quarter immediately following six (6) years from the date that an impact fee payment was received by the County ("six year period") shall, upen appheation of the etiffent owner-, be r-etufned to the euFfent owner- with interest at the rate eaFned by the eounty on the fiffids. Refun not r-equested within one (1) year- of the end of the six year- holding period shall be deenle A waived. be refunded to the current propeLty owner (as defined below) in accordance with the following procedure: (a) staff shall maintain an accounting which sets forth on a first in — first out basis when impact fees collected by the County have been encumbered or expended. For the purposes of such accounting (i) impact fees collected by a municipality pursuant to an interlocal agreement with the County shall be deemed to be collected by the County on the day that such fees were collected by the municipality, and (ii) interest earned in an impact fee account during a fiscal Year shall be accumulated and treated as a single deposit into the account on the first day of the next fiscal year. Such interest shall then be encumbered or expended on a first in — first out basis along with impact fees. (b) for any impact fees which are not encumbered or expended within the six year period staff shall (i) identify the specific real property for which the unencumbered or unexpended impact fee was paid ("eligible property") and (ii) identify the owner of each eligible property as of the first day after the end of the six year period ("eligible owner" (c) staff shall then notify each eligible owner in writing no later than sixty (60) days after the end of the six year period that he/she is eligible for a refund in accordance with this section upon submission of the application materials (as defined below) If staff has not received a response from the eligible owner within thirty (30 days of the first written notice staff shall send a second written notice by hand delivery, certified mail return receipt requested or other form of overnight or express delivery which includes written confirmation with respect to delivery or non-delivery. Such notices shall be sent to each eligible owner at the address shown for the owner on the Property Appraiser's records relating to the eligible property or, if the Property Appraiser's records do not show an address at any other address determined by staff to be reasonably reliable Staff shall not be required to send notice to any owner who has 2 ORDINANCE 2012- 004 submitted thea plication materials directly to the Coun1y Communily Development Department, d each eligible owner shall nave one null- F— aiiu --- - date of the first notice to submit the application materials to the County Community Development Department, and sixty 60 additional days thereafter to correct deficiencies if any, in the submitted application materials. e u on receipt of the completed application materials and if deemed _ _ Irn _ r nn itni pillin the annlication in aidplus interest al - received pqyment of the impact fee to the date of the refund nhc check, to tho izli i ble to the Count for receiving and processing the qpplication materials. (t if the eligible owner fails to submit the appli� at nnii P.,a materials is to the Counly from thereafter_ the eliV-i any right to the refund set forth in this section form duly si nea UY LllQ ill 1,,.. was the owner of the eligible property as of the first da after the end of the six year period,and (ii)an IRS Form W-9 completed and signed b each a ee on the refund check. If the eligible propeLly is owned by two or more owners only one owner is required to sign the ggplication, but all pqyees must sign an IRS Form W-9 ri 1JULW1LUZAatlu"I — authorized to extend the six year period for an impact fee categories for u o an f„rlina by the Board that such extension is necessary to Ire. ORDINANCE 2012- 004 provided the total time period of all extensions as applied to any specific impact fee paid to and collected by the County, shall not exceed three (3) years In the event of such extensions, all references in this section to "six years" or "the six year period" shall be deemed amended to refer to the six year period plus the time period of the extensions This subsection (h) shall apply only to impact fees paid and collected after April 1 2012 (i) if any impact fee(s) refunded hereunder was originally paid for a project which was not constructed, or was partially constructed to the point that a new building permit will be required to complete construction a new impact fee(s) shall be due and paid at the time of future development of the property, or construction or completion of construction of the project in accordance with the then existing impact fee schedule (3) This section shall apply onlyto o impact fees which are imposed pursuant to this chapter. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 27thday ofFebruar, , 2012, for a public hearing to be held on the 13thday of March , 2012, at which time it was moved for adoption by Commissioner Flescher seconded by Commissioner Wheeler _,and adopted by the following vote: Chairman Gary C. Wheeler Ave Vice Chairman Peter D. O'Bryan Nay Commissioner Wesley S. Davis Ave Commissioner Joseph E. Flescher Aye Commissioner Bob Solari 'Aye L! ORDINANCE 2012- 004 The Chairman thereupon declared the ordinance duly passed and adopted this 13th day of March , 2012. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: C- -, , !�/" —/� Gary C. eeler, Chairman ATTEST: Jeffre K. Barton, C =tof4o suffic n': yonB ' y,•+ •••.M Deputy Clerk Alan SPolack , Sr., County Attorney EFFECTIVE DATE: This ordinance was fled with the Department of State on the day of , 2012.