This division is enacted pursuant to the general police power, the authority granted to cities by Section 2(b), Article VIII, of the Florida Constitution, Chapter 166, and F.S. §§ 163.3161 through 163.3244.

(Ord. No. 2005-47, § 1, 12-13-05)

This division is enacted for the purpose of requiring that new development pay for its fair share of public facilities through the imposition of impact fees that will be used to finance, defray, or reimburse all or a portion of the costs incurred by the City for public facilities and services that serve such development.

(Ord. No. 2005-47, § 1, 12-13-05)

When used in this division, the following words, terms, and phrases, and their derivations, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Benefit area means the geographic area within which impact fees are collected and expended for a particular type of capital improvement serving development projects within such area.

Calculate means to determine the amount of impact fee to be imposed on a particular development project and includes an individualized determination showing a reasonable, and roughly proportional, relationship between: (1) the fee's use and the type of development project on which the fee is imposed; (2) the need for the public facility or service and the type of development project on which the fee is imposed; and (3) the amount of the fee and the cost of the portion of the public facility or service attributable to the development on which the fee is imposed.

Capital improvement means land or facilities for the generation or distribution of electricity; for the collection and disposal of storm water; for flood-control purposes; for purposes of transportation and transit, including without limitation, streets, street lighting and traffic-control devices and supporting improvements, roads, bridges, and related facilities; for parks and recreational improvements; for public safety, including police and fire department facilities; for public art; for public buildings of all kinds; and for any other capital project identified in the City's capital improvements plan. Capital improvement also includes design, engineering, inspection, testing, planning, legal land acquisition, and all other costs associated with construction of a public facility.

Capital improvements plan means the five-year plan for capital improvements adopted annually by the city commission, describing the approximate location, size, time of availability and estimated cost of capital improvement projects and identifying sources of funding for capital improvement projects.

Capital improvements project list means the list describing the approximate location, size, time of availability and estimated cost of each capital improvement to be funded from a particular impact fee account.

Collection means the time at which the impact fee is actually paid to the city.

Commitment means earmarking impact fees to fund or partially fund capital improvements serving new development projects.

Dwelling unit means any building or portion thereof designed, occupied or intended for occupancy as a complete, independent living facility for the exclusive use of one family, including permanent full provisions for sleeping, eating, cooking and sanitation. A dwelling unit shall have no more than one kitchen and shall provide complete internal access to all rooms in the unit.

Impact fee means a monetary exaction, adopted by the city pursuant to this division at a specified rate and imposed pursuant to this division, as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the city's cost or repaying costs previously expended from other city funds for capital improvements, and as further defined herein.

Impose means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval.

New development or development project means any project undertaken for the purpose of development, including without limitation, a project involving the issuance of a permit for construction, reconstruction, or change of use, but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, or improve an existing structure, which does not change the density or intensity of use, nor the rebuilding of a structure destroyed or damaged by a catastrophic event.

Nonresidential development project means all development other than residential development projects.

Residential development project means any development undertaken to create a new dwelling unit.

(Ord. No. 2005-47, § 1, 12-13-05)

Unless expressly excepted or exempted, this division applies to all fees which may be imposed by the city to finance capital facilities and maintain levels of service, the need for which is created by new development, including, but not limited to:

(1)

Affordable housing fees;

(2)

Park and recreational fees;

(3)

Drainage fees;

(4)

Police/public safety fees;

(5)

Transportation improvement fees;

(6)

Public works fees;

(7)

Public art and cultural events fees;

(8)

Fire department fees;

(9)

Library fees; and

(10)

Public education fees.

(Ord. No. 2005-47, § 1, 12-13-05)

This division does not apply to:

(1)

Taxes and special assessments;

(2)

Fees for processing development applications;

(3)

Fees for enforcement of or inspections pursuant to regulatory ordinances;

(4)

Fees for utility connection or utility impact fees which are authorized by City Code provisions outside of this division;

(5)

Fees collected under development agreements, other than impact fees;

(6)

Fees imposed pursuant to a reimbursement agreement between the city and a property owner for that portion of the cost of a public facility paid for by the property owner which exceeds the need for the public facility attributable to, reasonably related to, and roughly proportional to the development;

(7)

Fees to mitigate impacts on the environment;

(8)

Fees imposed, levied, or collected by other governmental agencies including subdivisions of the state and federal government; and

(9)

Storm water utility fees which are authorized by City Code provisions outside of this division.

(Ord. No. 2005-47, § 1, 12-13-05)

(a)

The city may only impose impact fees as a condition of approval of new development projects as provided in this division. Fees shall be calculated upon the net increase in density or intensity represented by the new development.

(b)

The base fee amount of each impact fee for residential and for non-residential development, for each type of public facility or service funded by impact fees, shall be calculated at least every three years and adopted by ordinance. When the city manager determines that it is appropriate to the particular public facility or service, the fee amount may be calculated, imposed and expended by benefit area.

(c)

After an individualized determination that each impact fee for a development project has been calculated as provided in this division, impact fees shall be imposed prior to issuance of any building permit.

(d)

Impact fees shall be collected by the city manager at the time of, and as a condition for, issuance of a building permit, except that connection fees shall be collected at the time of application for connection to the utility system.

(e)

An administrative fee, in the amount of three percent of the impact fee imposed on a development project, shall be collected from that development project with, and in addition to, the impact fee for the purpose of defraying the city's cost of administering the impact fee program.

(f)

In the event impact fees are paid prior to, or concurrent 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.

(g)

In the case of the change of use, redevelopment, or expansion or modification of an existing use of a site which requires the issuance of a building permit, the impact fee shall be based upon the net increase in density or intensity of the proposed use as compared to the most immediately preceding of use of the property for which the permit is requested.

(Ord. No. 2005-47, § 1, 12-13-05)

(a)

Prior to establishing or increasing any particular impact fee, the city commission shall hold a public hearing.

(b)

Notice of the time and place of the public hearing, including a general explanation of the matter to be considered, shall be published as required for the adoption of a general ordinance pursuant to F.S. § 166.041.

(c)

At least ten days prior to the public hearing, the city shall make available to the public data showing the amount or the estimated amount of the impact fee and a summary of the basis for the calculation of the impact fee amount.

(d)

City commission action to establish or increase any impact fee shall be taken only by ordinance containing findings which demonstrate the basis for calculating the fee.

(Ord. No. 2005-47, § 1, 12-13-05)

(a)

A developer may choose to use an independent impact analysis to compute the impact fee due as a result of a development.

(b)

The developer shall be responsible for the preparation of the draft independent impact analysis and the city manager may accept, reject, or modify the draft analysis.

(c)

The city manager shall have the authority to approve the person or firm who prepares the draft independent impact analysis on the basis of the person or firm's professional training and experience in preparing development impact analyses. The independent impact analysis shall follow standard methodologies and formats. Prior to submission of the draft independent impact analysis, the developer shall meet with the city manager to review the requirements for preparing draft independent impact analyses.

(Ord. No. 2005-47, § 1, 12-13-05)

The city shall provide for a separate accounting of each type of capital improvement for which an impact fee is imposed. Where benefit areas have been designated by the city manager there shall be a separate accounting for each benefit area. The impact fees collected shall be separately accounted for according to type of improvement and benefit area, if relevant. The funds for each impact fee shall be specifically tracked, monitored and accounted for separate from other funds of the city.

(Ord. No. 2005-47, § 1, 12-13-05)

Impact fees may be expended only for the type of capital improvements for which they were imposed, calculated, and collected, in accordance with the time limits and procedures established in this division. If impact fees were calculated and collected by benefit area, then the fees may be expended only in the benefit area in which they were collected. Impact fees may be used to pay the principal, interest, and other costs of bonds, notes, and other obligations issued or undertaken by or on behalf of the city to finance such improvements.

(Ord. No. 2005-47, § 1, 12-13-05)

(a)

Upon application of the property owner, the city shall refund that portion of any impact fee which has been on deposit over six years and which is unexpended and uncommitted, except as described in subsection (b) of this section. The refund shall be made to the then-current owner or owners of lots or units of the development project or projects.

(b)

If fees in any impact fee account are unexpended or uncommitted during the sixth year, the fees are exempt from subsection (a) of this section if the city commission makes the following findings:

(1)

A need for the capital improvement still exists;

(2)

The fees will be used for an identified purpose within two years; and

(3)

The purpose for which the fees will be used is substantially similar to the purpose for which the fees were collected.

(c)

The city may refund by direct payment, by offsetting the refund against other impact fees due for development projects by the owner on the same or other property, or otherwise by agreement with the owner.

(Ord. No. 2005-47, § 1, 12-13-05)

Any judicial action or proceeding to attack, review, set aside, or annul the reasonableness, legality, or validity of any impact fee must be filed and service of process effected within 90 days following the date of imposition of the fee or the final determination of the city commission, whichever is later.

(Ord. No. 2005-47, § 1, 12-13-05)

Prior to the city commission's adoption of the budget and revisions to the capital improvements project list, the city manager shall report at least once every three years to the city commission with:

(1)

Recommendations for amendments to this division, if any;

(2)

Proposals for changes to the capital improvements project list, identifying capital improvements to be funded in whole or in part by impact fees, if any;

(3)

Proposals for changes in the boundaries of benefit areas, if any; and

(4)

Proposals for changes to impact fee rates and schedules, if any.

(Ord. No. 2005-47, § 1, 12-13-05)

Consistent with the foregoing requirements of this division, the city commission shall adopt appropriate amendments to Appendix A of the City of St Pete Beach Code of Ordinances, Fee Schedule, to impose any authorized impact fee. The analysis utilized to establish the fee shall be maintained on file in the city clerk's office.

(Ord. No. 2005-47, § 1, 12-13-05)