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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-0181 2 3 4 E io 11 12 23 14 15 16 22 23 24 25 26 I 27 28 29 30 91 1 33 34 Introduced by: CZ Temp. Ord. #.134 Rev. 2/20/86 Rev. 3/17/86 Rev. 4/01/86 Rev. 4/07/86 Rev.4/08/ 3F CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-86-. S AN ORDINANCE AMENDING CHAPTER 24 OF THE CITY CODE, SUBDIVISION IMPROVEMENTS, BY THE CREA- TION OF A NEW ARTICLE 8, FAIR SHARE CONTRIBU- TION FOR ROAD IMPROVEMENTS; PROVIDING FOR SHORT TITLE; PROVIDING FOR AUTHORITY AND APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR FAIR SHARE FEE TO BE IMPOSED ON NEW LAND DEVELOP- MENT ACTIVITY GENERATING TRAFFIC; PROVIDING FOR REVIEW OF SAID FEES; PROVIDING FOR TIME OF PAYMENT; PROVIDING FOR USE OF FUNDS COLLECTED; PROVIDING FOR TRUST FUNDS ESTAB- LISHED; PROVIDING FOR EXEMPTION AND CREDITS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR PENALITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFEECTIVE DATE, WHEREAS, the City of Tamarac, Florida is significantly impacted by economic growth within the City's limits; and WHEREAS, the City has contracted with Kimley-Horn and Associates, Inc. to prepare a study which includes professional evaluation and recommendations as to how the City of Tamarac might fund trafficways necessitated by development within the City's limits; and WHEREAS, Kimley-Horn and Associates, Inc. has determined through their study and professional evaluation that the preferred method of regulating land development in order to insure that it provides a proportionate share of the cost of roadway improvements will be for the City of Tamarac to impose fair share contribution upon new developers prior to final site plan approval; and WHEREAS, the City's Comprehensive Plan requires land development shall not be permitted unless adequate capital facilities are provided; and WHEREAS, the Comprehensive Plan indicates land develop- ment shall bear a proportionate cost of the provision of new or expanded roadway facilities; and Ul. 1 --1- I7 1 1 x 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the City of Tamarac has determined certain roadways improvements are in fact necessary to accommodate +-ha A?ualopment without decreasing further standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION --I: That Chapter 24 of the City Code, Subdivi- sion Improvements, shall be amended by the addition of a new article VIII, Fair Share Contribution for Road Improvements, which will read in full as follows: Article VIII. Fair Share Contribution for Road Improvements "Sec. 24--45. Short title, authority and applicability. (a) This article shall be known and may be cited as the "Fair Share Contribution for Road Improvements Ordinance." (b) The Tamarac City Council has the authority to adopt this article pursuant to article VIII, section 2(b) of the Florida Constitution as well as Florida Statutes Chapter 166, the municipal home rule powers act. (c) Planning for the necessary expansion of new roads and roadway improvements created by new land development activity generating traffic through the comprehensive planning process, and the imple- mentation of these plans, is a mandatory responsi- bility of the city and is in the best interest of the public's health, safety and welfare. Sec. 24-46. Intent and purpose. (a) The City Council of the City of Tamarac has deter- mined and recognized through adoption of they City's Comprehensive Plan that the phenomenal growth rate which the city is experiencing will necessitate extensive road network improvements, and make it necessary to regulate new land development activity generating traffic in order to maintain a similar level of road service and quality. of life in Tamarac. In order to finance the necessary new -2- (b) (c) (d) capital improvements and regulate traffic genera- tion levels, several combined methods of financing will be necessary;, one (1) of which will require new land development activity generating traffic to pay a "fair share fee" which does not exceed a pro rata share of the reasonably anticipated expansion costs of new roads and other facilities. Providing and regulating arterial and other roads and related facilities to make them more safe and efficient, in coordination with a plan for the control of traffic, is the recognized responsibil- ity of the city and is in the best interest of the public's health, safety and welfare. It is not the purpose of this article to collect any money from new land development activity generating traffic, in excess of the actual amount necessary to offset the demand on the City's network system generated by the new land develop- ment activity. It is specifically acknowledged that this article has approached the problem of determining the fair share fee in a conservative and reasonable manner. This article will only par- tially recoup the governmental expenditures asso- ciated with growth. Established residents will still be required to bear their appropriate share of the cost of the road network system. Implementing a regulatory scheme that requires new land development activity generating traffic to pay a fair share fee that does not exceed a pro rata share of the reasonably anticipated expansion costs of new roads created by the new land development activity is the responsibility of the city in order to carry out the traffic circulation element of its comprehensive plan, and is in the best interest of the public's health, safety and welfare. U -3- (e) It is the purpose of this article to establish a regulatory system to assist in providing increased rapacity for the City's network system to accommodate the increased demand new land devel- opment activity generating traffic will have on the road system. New land development activity will be required to pay a fee which does not Exceed a pro rata share of the reasonably anticipated costs of new roads and other facilities that its presence necessitates. This is accomplished by requiring payment of fair share fees upon commencement of any new land development activity generating traffic. This road impact fee is for the exclusive purpose of providing increased capacity for the City's network system and will not be used for maintenance or operation. (f) It is in the interest of the public's health, safety, welfare and convenience for the city to regulate land development, arterial and other roads and other related facilities by requiring payment of fair share fees upon commencement of any new land development activity generating traffic. (g) Under the adopted comprehensive plan, new develop- ment at urban densities can be permitted only where an adequate road network system exists. The purpose of this article is to continue to enable the city to allow new development in compliance with the adopted comprehensive plan, and to regu- late new development activity generating traffic so as to require it to share in the burdens of growth by paying its pro rata share for the reasonably anticipated expansion costs of road improvements. Thus new growth will help pay for itself, and the existing residents of the City will not have the full financial burden of providing increased road capacity at the outset. Sec. 24-47. Rules of construction. UU -4- For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following xuies cr il apply to the text of this article: (1) In case of any difference of meaning or implication between the text of this article and any caption, illustration, summary table or illustrative table, the text shall control. (2) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. (3) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. (4) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." (5) The word "person" includes an individual, a corpor- ation, a partnership, an incorporated association or any other similar entity. (6) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either . . . or", the conjunction shall be interpreted as follows: (a) "And" indicates that all the connected terms, conditions, provisions or events shall apply. (b) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (c) "Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (7) The word "includes" shall not limit a term to the specified example but is intended to extend its meaning to all other instances or circumstances of like kind or character. Vl -5- (8) Where a road right-of-way is used to define zone boundaries, that portion of the road right-of-way demarcatinq the boundary may be considered as part of any zone it bounds. Sec. 24-48. Definitions. For the purposes of this article of the following terms will have the meanings ascribed to them herein: (a) Accessory Building or Structure: A detached, subordinate building the use of which is clearly incidental and related to that of the principal building or use of the land and which is located on the same lot as that of the principal building or (b) (c) (d) (e) (f) use. Applicant: The person who applies for final site plan approval. Arterial Road: A road which is a main traffic artery carrying relatively high traffic volumes for relatively long distances. This classification includes all roads which function above the level of a collector road. Average Trip Length: The average length in miles of external trips. Building: Any structure, either temporary_ or permanent, having a roof and used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials or proper- ty of any kind. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a building. Building Permit: An official document or certifi- cate issued by the authority having jurisdiction, authorizing the construction of any building. The term shall also include tie -down permits for those structures or buildings that do not require a building permit, such as a mobile home, in order to be occupied. UU (g) (h) (i) (j) (k) (1) (m) (n) Building Permittee: An applicant who has been issued a building permit. Collector Road: A roaa wtixci, i:arri.cb trarzic: krow local roads to arterial roads. Collector roads have more continuity, carry higher traffic volumes and may provide less access than local roads. Fair Share Fee; Road Impact Fee; Fee: The fee required to be paid in accordance with this arti- cle. Land Development Activity Generating Traffic: The carrying out of any building activity or the making of any material change in the use or appearance of any structure or land that attracts or produces vehicular trip(s) over and above that produced by the existing use of the land. Local Road: A road designed and maintained primar- ily to provide access to abutting property. A local road is of limited continuity and is not for through traffic. Major Road Network System: All arterial and collector roads within the City, including new arterial and collector roads necessitated by land development. Noncommencement: The cancellation of construction activity making a material change in a structure, or the cancellation of any other land development activity making a material change in the use or appearance of land. Planned Development: A land area under unified control designed and planned to be developed in a single operation or by a series of prescheduled development phases according to an officially approved final master land use plan, including planned unit developments, planned commercial developments and similar planned developments. VU -7- (o) Site -Related Improvements: Road construction or road improvements at or near the development site which Are necessary to interface the development's e-,.;-ernal trips with the major road network system or which are necessary to interface the develop- ment's internal trips with the major road network system where a portion of the major road network system is included within the development. (p) Traffic Generation Statement: A documentation of proposed trip generation rates submitted prior to and as a part of a traffic impact analysis. This documentation would include actual traffic genera- tion information from a representative sampling of existing similar developments. (q) The Traffic Impact Analysis: The study prepared by Kimley-Horn and Associates, Inc., dated November, 1985 for the City of Tamarac, the provisions of which are incorporated by reference herein. This study includes but is not limited to determination of trip generation; trip distribution; traffic assignment; capacity analyses; and improvements to the roadway system necessitated by the development, such as required new roads, additional laneage and signalization. - Sec. 24-49. Fair share fee to be imposed on new land development activity generating traffic; review. (a) It has been determined by the City Council that any new land development activity generating traffic in the City should be charged a reasonable fair share fee to help regulate new land develop- ment activity's effect on roads and related facili- ties. (b) Any applicant obtaining final site plan approval following the effective date of this ordinance shall pay a fair share fee in the amount and manner required by this article upon commencement of any VU MM (c) new land development activity generating traffic. The fair share fee shall be used exclusively within the City of Tamarac ror cne exciusive purpu-otm forth in this article„ The fair share fee, to be paid in full prior to final site plan approval by the City, shall be calculated utilizing one of the following two methods at the option of the developer: QDtion One Payment of the fair share fee will be calculated in accordance with the following fee schedule. The fair share fees set out in the schedule below will only recover for the City 85% of those fair share fees which the traffic impact analyses has documented the City might legally require. VU -9- LAND USE TRIP TYPE (UNITS) RATE tESIDEVTIAL ingle Family (detached) $ 10.00 Townhouse $ 7.20 Other Residential $ 6.80 ACLF $ 3.90 Hotel/Motel (per room) $ 10.50 MICE AND FINANCIAL Office (1,000 sq.ft.) $ 16.00 Bank 11,000 sq.ft.) $192.00 Office (acre) (1-story) $288.00 Office (acre) (multi -story) $432.00 if no space General Industrial (1,000 sq.ft.) $ 5.43 General Industrial (acre) $116.70 RETAIL �rvice cation (station) $748.00 ommercial (1,000 sq.ft.) Less than 20,000 sq.ft. $164.40 Less than 20,000 sq.ft. (no restaurants)$117.90 TABLE 14 IMPACT FEES BY LAND USE PERCENT PERCENT ATTRIB. IMPACT IMPACT FEE NEW TRIPS TO SOURCE FEE _ AT 85% 100 50 $ 248.60 $ 211.00 100 50 $ 178.99 $ 152.00 100 50 $ 169.05 $ 144.00 100 50 $ 96.95 $ 82.00 100 50 $ 261.03 $ 222.00 50 50 $ 198.88 $ 169.00 50 50 $2,386.56 $2,209.00 50 50 $3,579.84 $3,043.00 50 50 $5,369.76 $4,564.00 90 50 $ 121.49 $ 103.00 90 50 $2,611.05 $2,219.00 25 50 $4,648.82 $3,951.00 25 50 $1,021.75 $ 868.00 25 50 $ 732.75 $ 623.00 Commercial (1,000 sq.ft.) if site plan ZO,uuu - 100,000 sq.ft. ,if site plan 103 (FA) +140 5C )0,000- 500,000 sq.ft. if site plan 24(FA)+6703 50 Fver,00 sq.ft. , f site, plan $ 37.20 50 Commercial (acre) Over 27.7 acres (1-story) no site plan $669.60 50 5.5 - 27.7 acres (1-story) 432(AC)+6703 50 no site plan 1.1 - 5.5 acres (1-story) no site plan_ 1854(AC)+140 50 Less than 1.1 acres(1-story) po site „plan $2,959.20 25 'er 22.2 acres (multi -story) o site plan $ 837.00 50 19 .5 - 22.2 acres (multi -story) no site plan 540(AC)+6703 50 Less than 4.5 acres (multi -story) no site plan 2317.5(AC) + 140 50 OTHER Hospital (bed) $ 11.40 50 Park (acre) $ 6.00 50 Church (weekday) (1,000 sq.ft.) $ 13.70 50 Church (weekday) acre) $ 30.90 50 ursing Home bed) $ 2.60 50 *Trips X $49.72 X .5 X .5 X .85 50-------------* 50------- ---_- -* 50 $ 462.40 $ 393.00 50 $8,323.13 $7,075.00 50 ------------- 50 -------------* 50 $18,391.43 $15,633.00 50 $10,403.91 $ 8,843.00 50---w-----------* 50 --------------* 50 $ 141.70 $ 120.00 50 $ 74.58 $ 63.00 50 $ 170.29 $ 145.00 50 $ 384.09 $ 326.00 50 $ 32.32 $ 27.00 Option Two A developer may at his option choose to base payment of road impa^t f^QC s■nnn H,c own incla— pendent traffic study (ITS) rather than in accordance with those fees which the City has determined to be necessary pursuant to its own traffic impact analysis. In order for an ITS to satisfy the requirements of this article any such ITS must meet the following criteria. (a) The study should project whether roadways serving the proposed project will fall below Level of Service "D" with a Year 2000 planning horizon. (b) In determining the effects of a proposed project on the level of service, the ITS shall include the following: (1) traffic characteristics and levels of service of roadways affected by the proposed project; (2) trip generation projections for the proposed project. (3) impact of the proposed project on affected roadways including anticipated changes in the level of service; (4) The proportionate impact of the proposed development relative to the Year 2000 traffic forecast for all roadway needs in the radius of development influence. (c) The following methods of evaluation and standards shall be used in preparing the ITS, unless the city manager finds that, because of circumstances unique to the proposed develop- ment and roadway system serving the proposed development, other methods or standards provide a more accurate means to evaluate roadways affected by the proposed project: UU -12- (1) total traffic generated by the project shall be computed using the latest Broward Count:7 trip generation ratPc. unless documentation is supplied jjjstifyi,..g the use of different rates. (2) The ITS shall cover the radius of develop- ment influence of a proposed development. (3) Traffic assignments shall be made for each link within the project's radius of development influence in conformance with good traffic engineering principles. (4) The ITS shall be based on an analysis of peak hour intersection capacities to determine whether Level of Service "D" is met. The analysis shall contain detailed intersection analyses (including calcula- tions) for all intersections within the radius of development influence. A detailed intersection capacity analysis will be based on the Transportation Research Circular No. 212, "Interim Material on Highway Capacity", Transpor- tation Research Board, January 1980. When or if more current editions become avail- able, such current editions shall be used. (5) Future traffic shall be taken into account as follows: (a) The effects of traffic increases from future development. Estimates should be developed for a Year 2000 planning horizon. (b) The then current Land Use Element of the Tamarac Comprehensive Plan in conjunction with the then current Zoning Ordinance should be utilized to estimate the traffic -impact from VU -13- potential developments affecting the radius of development impact. (61 The ITS may take into account roads and road improvements not yet constructed only if all funds for such roads and road improvements have already been specifi- cally appropriated by the City of Tamarac, Broward County, the State of Florida or other appropriate body. (7) The ITS shall be prepared and sealed by a qualified traffic engineer, licensed to practice engineering in the State of Florida. (8) Studies and analyses required by this section shall be subject to review of methodology and technical accuracy by the city manager. (d) Review. The amount of the fair fee shall first be reviewed by the city council at any time during the next 12 month period as measured from the effective date of this ordinance, and thereafter the amount of the fair share fee shall be reviewed annually during the month of January by the city council. The review shall consider trip generation rates -and actual construction costs for contract by the city. The purpose of this review is to analyze the affects of inflation on the actual costs of roadway construction and to insure that the fees charged new land development activity generating traffic will not exceed their pro rata share for the reasonably anticipated expansion costs of road improvements necessitated solely by their presence. Sec. 24-50. Time of payment. Total payment of fair share fees, in cash, shall be made to the city prior to final site plan approval. No site plan shall be approved for any developer who has failed to make full payment.in cash of fair VU DE129 share fees where final site plan has not been made prior to the effective date of this ordinance. Sec. 24-51. Use or runs collected. (a) The funds collected by reason of the estab- lishment of a fair share fee in accordance with this article shall be used solely for the purpose of construction or improvement of roads, streets, highways and bridges on the City's network system, including but not limited to: (1) Design and construction plan preparation; (2) Right-of-way acquisition; (3) Construction of new through lanes; (4) Construction of new turn lanes; (5) Construction of new bridges; (6) Construction of new drainage facilities in conjunction with new roadway construction; (7) Construction of new curbs, medians and shoulders; and (8) Relocating utilities to accommodate new roadway construction. Said funds shall not be used to maintain or operate the existing City's network system. Sec. 24-52. Trust funds established. (a) There is hereby established a trust fund in which all road impact fees paid pursuant to the provisions of this article are to be deposited. (b) Funds withdrawn from this account must be used solely in accordance with the provisions of section 24-51 of this article and in compli- ance with the City's Comprehensive Plan. The disbursal of. such funds shall require the approval of the city council after recommendation of the city engineer. VU -15- (c) Any funds on deposit not immediately necessary for expenditure shall be invested in interest- hearina snuzces. All income derived shall be deposited in the applicable trust account. (d) The fees collected pursuant to this article may be returned to the then present owner of the land development activity generating traffic if the fees have not been spent (encumbered) within a reasonable time, but not later than by the end of the calendar quarter immediately following six (6) years from the date the fees were paid. Refunds shall be made in accordance with the following proce- dure: (1) The present owner must petition the city council for the refund within one (1) year following the end of the sixth year from the date on which the fee was paid. (2) The petition must be submitted to the county engineer and must contain: a. A notarized sworn statement that the petitioner is the current owner of the property; b. A copy of the dated receipt issued -for payment of the fee; c. A certified copy of the latest record- ed deed; and d. A copy of the most recent ad valorem tax bill. (3) Within three (3) months from the date of receipt of a petition for refund, the city engineer will advise the petitioner and the city council of the status of the fee requested for refund. For the purpose of this section, fees collected shall be deemed to be spent (encumbered) on the basis of the first fee in shall be the UU -16- first fee out. In other words, the first money placed in a trust fund account shall be"the first money taken uu4 of that account. (4) When the money requested is still in the trust fund account and has not been spent (encumbered) by the end of the calendar quarter immediately following six (6) years from the date the fees were paid, the money shall be returned with interest at the rate of six (6) percent per annum. (e) The fees collected pursuant to this article may be returned to the present owner if the land development activity generating traffic is canceled due to noncommencement of con- struction before the funds have been committed or spent pursuant to this article. Refunds may be made in accordance with subsections (d)(2) and (3) provided the present owner petitions the city council for the refund within three (3) months from the noncommence- ment. Sec. 24-53. Exemption and credits. (a) Exemption. The following shall be exempted from payment of the fair share fee. (1) Alterations or expansion of an existing dwelling unit where no additional units are created and the use is not changed. (2) The construction of accessory buildings or structures which will not increase the traffic counts associated with the princi- pal building or of the land. (3) The replacement of a destroyed or partial- ly destroyed building or structure with a new building or structure of the same size and use. UU -17- 2 2 14 (4) The construction of publicly owned govern- mental buildings. (b) Credits. (].) In lieu of paying the fair share fee, Li'l= developer may elect to construct part of a major road network system which is in addition to his site -related improvements. The developer shall submit the proposed construction which he intends to do along with a certified cost estimate to the city engineer. The city engineer shall deter- mine if the proposed construction is an appropriate and reasonable substitute for the road impact fee and the amount of credit to be given and the timetable for completion. (2) Where a proposed major network road runs through a development and where the developer is only required to construct two (2) lanes of the roadway, the developer may elect, upon submission of a certified cost estimate and approval of the City Engineer, to construct more than two (2) lanes and receive credit to the extent of the additional lanes constructed (3) The developer may challenge any determin- ation made by the City Engineer pursuant to paragraphs (1) and (2) above by filing a petition with the City Council. Sec. 24--54. Liberal construction► severability and penalty provisions. (a) Liberal Construction. The provisions of this article shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. UU ME (b) Severability. If any section, phrase, sen- tence or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision; and such holding shall not affect the validity of the remaining portions thereof. (c) Void Permit. Any building permit used for new construction as covered by this article but without payment of the fee as required by this article shall be void. (d) Penalty for Violation of Article. A violation of this article shall be a misdemeanor punish- able according to law; however, in addition to or in lieu of any criminal prosecution, the City of Tamarac or any individual paying the fair share fee shall have the power to sue in civil court to enforce the provisions of this article." Should any section or provision of this ordinance or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. SECTION : That specific authority is hereby granted to codify this ordinance. SECTION 4: That this ordinance shall become effective immediately upon its final passage. -19- VU PASSED FIRST READING thisAday of PASSED SECOND READING this Leday o TEST: CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this ORDINANCE. --. RECORD OF COUNCIL VOTE MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: C/M STELZER aeW DIST. 3: C/M GOTTESMAN DIST. 4: V/M STEIN VU -20-