HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-055This _____ Ordinance .... WaS
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FLORIDA:
CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
AN ORDINANCE IMPOSING A LAND USE FEE,
IN ADDITION TO ALL OTHER FEES, FOR THE
ISSUANCE OF BUILDING PERMITS WITHIN
THE CITY OF TAMARAC, FLORIDA; DETER-
MINING THAT THE RAPID GROWTH OF THE
CITY OF TAMARAC AND BROWARD COUNTY RE-
QUIRES THE IMPOSITION OF SUCH FEE FOR
THE PURPOSE OF PROVIDING FOR ROADS,
BRIDGES AND RIGHTS OF WAY IN TAMARAC;
DECLARING THE PURPOSE TO BE THE LESSEN-
ING OF TRAFFIC CONGESTION WITHIN TAMARAC
IN THE INTEREST OF THE PUBLIC HEALTH,
SAFETY AND GENERAL WELFARE; PROVIDING
FOR A FORMULA BASED UPON THE RATIO OF
THE GROSS FLOOR AREA TO THE GROSS LAND
AREA OF PROPOSED CONSTRUCTION TO BE USED
IN DETERMINING THE AMOUNT OF SUCH FEE,
AND DETERMINING SUCH FORMULA TO BE FAIR,
JUST AND EQUITABLE; CREATING A SEPARATE
TRUST FUND FOR THE CITY OF TAMARAC IN
CONJUNCTION WITH BROWARD COUNTY, PURSUANT
TO BROWARD COUNTY ORDINANCE NO. 73-2;
PROVIDING FOR THE COLLECTION AND TRUSTEES
OF SUCH FUNDS, AND FOR THE APPLICATION OF
THE PROCEEDS THEREOF; CONTAINING EXCEP-
TIONS AND PROVIDING FOR CREDITS IN CER-
TAIN CASES; PROVIDING FOR SEVERABILITY
OF INVALID PROVISIONS; AND PROVIDING FOR
AN EFFECTIVE DATE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC,
SECTION 1.. LEGISLATIVE FINDINGS
The City Council of the City of Tamarac, Florida,
finds, determines, and declares that the rapid growth and
burgeoning population of Tamarac and Broward County and the
development and occupancy of vacant Lands and the expansion of
existing buildings therein requires the imposition of charges,
in addition to all other charges Levied pursuant to law, for
the purpose of providing funds for the expansion of existing
roads and bridges and other transportation facilities and the
construction of additional roads and bridges, including ac-
quisitions of rights of way for such facilities.
SECTION 2. PURPOSE
The purpose of this Ordinance is to promote the
public health, safety and general welfare of Tamarac; to
lessen traffic congestion on the roads, streets, and highways
thereof; and to provide for construction of additional roads,
streets, highways and bridges, or improvements to existing
traffic facilities, in order to alleviate such congestion.
SECTION 3. APPLICATION
This Ordinance shall apply in conjunction with
Broward County Ordinance 73-2.
SECTION 4. LAND USE FEE
The Council of the City of Tamarac finds and deter-
mines that a land use fee of $200 per dwelling unit is a fair,
reasonable and equitable charge to be imposed for the purpose
of providing funds which, together with other available funds,
such as ad valorem taxes and gas taxes, will be used to pro-
vide for construction of roads, streets, highways and bridges
to serve such dwelling units; and the City Council further
finds and determines that units of a higher intensity of
development impose a greater burden upon the community and
should pay a proportionately higher fee; and that units of
a lesser intensity of development impose a lesser burden and
should pay a proportionately lower fee. The formula here-
after set forth is derived from the land use intensity ratio
shown on Figure "E", page 9, of Land Planning Bulletin No. 7,
interim edition, December, 1966, prepared by the U. S. Depart-
ment of Housing and Urban Development, and is designed to
accomplish the purpose of imposing a charge of $200 per unit
upon developments of average intensity, proportionately higher
charges upon developments of higher intensities, and propor-
tionately lower charges upon developments of lower intensities
of land use.
In addition to
all other
fees and
charges
imposed
by law for the issuance
of building
permits,
there
is hereby
levied and imposed a land use fee to be determined by the
ratio of the gross floor area to the gross land area of the
proposed construction. Said land use fee shall be determined
by the application of the following formula and in accordance
with the methods of computation shown in Exhibits 1 through 7
attached hereto and incorporated herein by reference:
Assessment per sq. ft. Gross Floor Area sq. ft.
of Gross Floor Area = $.1666 Gross Land Area sq. ft. - 0'4
Said formula is hereby determined to be a fair, just and equitable
method for determination of the apportionment of the costs of
providing adequate transportation facilities to serve the prop-
erty being developed or improved. The charge herein imposed
shall be assessed by the building department at the time a
building permit is applied for, whether for new construction
or for additions to existing construction; provided, however,
that in case of an addition to existing construction, the
formula shall be applied only to the floor area of the addition.
All charges imposed pursuant to this formula shall be payable
and shall be collected by the appropriate official prior to
issuance of any building permit for the construction affected
hereby. Provided, however, that a surety bond may be posted
in lieu of cash, in a form satisfying the requirements of a
performance bond. The bond shall be discharged and the charges
satisfied in full prior to the issuance of a certificate of
occupancy.
As used in this Ordinance, "gross floor area" shall
mean the total gross area within the external perimeter of the
exterior enclosing walls, including Florida rooms, sun rooms
and utility rooms which are fully enclosed and directly ac-
cessible from the interior of the dwelling, but excluding other
utility rooms, unenclosed porches, terraces or breezeways, and
carports or garages. As applied to trailer and recreational
vehicle parks, the "gross floor area" shall mean the square
foot area of each trailer pad or camp site, as the case may
be, together with the gross floor area of any buildings or
structures located in such parks. "Gross land area" shall
include all area within the perimeter of the boundary lines
of the property in question, together with such property's
proportionate share of any land zoned for recreational use,
or which is dedicated to the public for parks, recreational
uses, rights of way, or other public uses, and is included in
the plat or site plan in which the property in question is
located. In the event the property in question is located
within a replat of a portion of a former plat, such property
shall be entitled to its proportionate share of any recreational
and public lands shown on the former plat.
SECTION 5. APPLICATION OF FEES
The fees and charges collected pursuant to this
Ordinance shall be used solely for the purpose of constructing
or improving roads, streets, highways and bridges, including
acquisitions of rights of way for such facilities, serving the
vicinity of the project in which the charges are collected.
All such charges shall be paid into the appropriate trust fund
hereinafter created.
SECTION 6. TRUST FUNDS
There is hereby created and established a separate
and distinct trust fund for the City of Tamarac for all monies
collected hereunder. All funds collected hereunder and pur-
suant to this Ordinance shall be deposited in the trust fund
herein created for the City of Tamarac, and the trustees of
such trust fund shall consist of the members of the City
Council of the City of Tamarac and the members of the Board
of County Commissioners of Broward County. The funds, upon
collection, shall be deposited in an interest -bearing account
or short-term certificates of deposit at an institution to be
determined by the City Council. Funds shall be withdrawn
from the account on the joint signatures of the presiding
officer of the County Commissioners and the Mayor of the City
of Tamarac. The funds shall be used solely for the purposes
above set forth within the City of Tamarac. The funds may be
used in areas located in close proximity to Tamarac, in
another municipality, or in the unincorporated area of
Broward County, if the City Council determines that the im-
provement is of direct benefit to the respective municipality.
The City Council shall meet twice a year on the second Monday
in January and the second Monday in June, for the purpose of
designating the use to be made, if any, of the funds collected.
Special meetings may be called in accordance with the Charter.
Determinations made by the City Council shall then be sent to
the County Commission for their consideration, which will be
given within thirty (30) days. Upon approval by the County
Commission, the City of Tamarac may proceed with the improve-
ment. Upon disapproval by the County Commission, the propos-
al will then be reconsidered by the City Council and the de-
cision of the County Commission may be over -ridden only by a
unanimous vote of the City Council.
SECTION 7. EXCLUSIONS
This ordinance shall not apply to public housing
operated by any governmental authority, publicly owned govern-
mental buildings, and public utilities.
SECTION 8. CREDITS
In the event any person, firm or corporation has
donated funds to the City of Tamarac to be used for the purpose
of providing improvements contemplated by this Ordinance, such
person, firm or corporation shall be given a credit against
the charges imposed by this ordinance to the extent of the
funds so donated.
SECTION 9. SEVERABILITY
If any clause, section, or other part of this Ordi-
nance shall be held by any court of competent jurisdiction to
be unconstitutional or invalid, such unconstitutional or in-
valid part shall be considered as eliminated and in no wise
affecting the validity of the other provisions of this Ordinance.
SECTION 10. EFFECTIVE DATE
This Ordinance shall take effect on June 15, 1973,
and continue in effect thereafter for so long as the Board of
County Commissioners of Broward County shall levy a road and
bridge tax on all taxable property in Broward County of not
less than one (1) mill, commencing with the fiscal year begin-
ning October 1, 1973.
PASSED FIRST READING THIS V--b Ile- DAY OF
PASSED SECOND READING THIS DAY OF
PASSED THIRD READING THIS DAY OF
ATTEST:
1
C TY CLERK
6 X.A
YOR
RECORD OF COUNCIL VOTE
Mayor Seltman
Vice Mayor Lange
Councilman Johnson
Councilman Shultz
Councilman Socker
, 1973.
, 1973.
, 1973.
51NGLE FAMILY
R--15 ZONING
EXHIBIT # 1
7,500 SQ. FT. G.L.A .
1,000 SQ. FT,
F. A.
5TEP 1 - 7500 1 0
.333
STEP 2- .4 1 .135
STEP 4 3-w ,333 x -I000 = .05547 (A55ESSMENT PER SQ. FT_;
STEP � 4 - .05547 x 1,000 5Q.FT. 55.4-7 TOTAL A551w55MENT
.1 ■
I I
I'l
EXHIBIT #2
SINGLE FAMILY
A--1 ZON I N G
0.04285 CPAR)
STEP * 1 - ,35,000 1500
.107184
STEP #2 -- .4 -04285
STEP S -- •I robGy x•107184 01785 (455E55MENT PER SQ. FT:
-STEP 44' w- .01785. x 1500 5Q. FT -�26.17 (TOTAL AssE5s MENT)
- I ■
11 1
51NGLE FAMILY
F--2 ZON 1 NCB
80,o00 Sq-PT. G.L.A.
.2500 Sq. FT.
G.F.A.
i
i
i
i
.0 312 5 (F A-R.)
STEP -4 1 -- 8o,000 2 00a
.078125
STEP 4 2 4 .o3125
5TEP -0 3 .. .IGGG X .075125 -. 0130 CASSE55MENT PER Sq. FT.)
STEP *4 - . 0150 x 2500 432.50 (TOTAL ASSE55M ENT J
i
i
i
I I
51TE PLAN
ZG-GGG UNITS PER ACIZE
100 UNITS AT 1000 5Q. FT PER UNIT
3.75 AGQE5 OR
100 UN ITS AT
loon SQ.FT./ LJN IT
100,000 SQ, FT.
G.F.A.
G121 8 (F.A.R.)
STEP 1 163,35o 100,000
1.5304
STEP41;2 - .41.G1218
r
STEP -3 - . IGGGa x 1.5304 = .2549 (A55E55MENT PER SQ. FT.)
STEP -4 4 -- .2 549 x I oo,000 = 425,490.00 (TOTA L A55 E55 M ENT
PER 100 UNIT5) .
$ 254 -50 (A55E55MENT
STEP #'5 -- lo0 I 25)490 PER UNIT).
{
_ E?.NjgIT� S
PLAT,,, `
121 A C izE5 5, 27®,-7co S -
500 LOTS AT 7Soc) s
- FT. /Lor
P,S ACQ-f75 �a5 � Goo 5 ,--
• �T. OF apr-r4 SPACE
:s5Q0 .5�. FT; STRI,.ICTURE -
�->i`EP i - 500 CLOT)3 04S 20 Sq-F7-• OP /
i,5Z¢,GC)O E:N SPACE!UNIT
- Fr (TOTAL OPEC( SPACE)
STEP t�2 -' 3, 049 so.
7, 500 CvPEtq SPACE/LOT)
10,549 54 FT CLOr SIZE
Q' I=T- PLOT SIZE
STEP *�3 - ion--49 15 a! F•A R-)
s4` FT. (STlzUc-Tu zjE
sTEp �4 w . 3S s25
5TE`p ;;ter _ U5
9
STrp # .059 x ! SOO
"$ -77 CTOTA L ASS
F_S_5tl ENT
AyV�r
N1
A -IA zC3M,MC `
td't700 SQ• FT. G.L.A.
EXISTING SLOG.
1700 SQ- F-r
ADD'T'N. "
- 36D 5p
• - s
_i
STEP* i . r 7 F A. Q
Iv,00a�7Qo
STEP ;W.3_ . IG.Qa
- 07 (A SSESSM ENT PER Sq. FT.
STEP '44 - .07 x 36D SQ,)
. _ r• (ADDITION) = 4; 25.¢9 (TOTAL A55E55
MEN.)
r^
i
��7iviMERCiAL - '
Y -
40 ACRES 11742A400 SR. F7 G.L.A .
435,r00 SQ•:T.
G.P.A.
• Y
i •
_ _ 1
i i 74z 40D '435,-Co C? '
ST -":P 63-- . Iro.GG �C . E►25 � � IOC (A55ESSMENT PER QSFT.)•- -
.
STEP
4- ia4 x 435,CQOp 5 FT. 45,35G.85(TOTALA55E5 5)v1 F- N-r