HomeMy WebLinkAboutCity of Tamarac Ordinance O-2020-007 Temp. Ord. # 2430
April 22, 2020
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2020'QO 9-
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA,
AMENDING THE IMPOSITION DATE FOR NEW DEVELOPMENT
IMPACT FEES ESTABLISHED IN SECTION 10-5.7 ENTITLED "NEW
DEVELOPMENT IMPACT FEES" OF CHAPTER 10, OF THE
TAMARAC CITY CODE, AMENDING CERTAIN EXEMPTION
CRITERIA TO EFFECTUATE CHANGE TO IMPOSITION DATE FOR
NEW DEVELOPMENT IMPACT FEES; PROVIDING FOR
CODIFICATION; PROVIDING A SAVINGS PROVISION, PROVIDING
A CONFLICTS PROVISION, PROVIDING FOR SEVERABILITY, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 8, 2020,the City Commission adopted new development impact
fees by Ordinance Number 2020-01; and
WHEREAS,pursuant to §163.31801, Fla. Stat., the earliest date for the imposition of the
impact fees established by the Ordinance was April 7, 2020; and
WHEREAS, the COVID-19 (Coronavirus) has created a National State of Emergency
which has threatened the City of Tamarac with extreme conditions which pose an immediate
danger to the lives and property of the residents of the City; and
WHEREAS, on March 9, 2020, Governor Ron Desantis declared a State of Emergency
for the State of Florida by issuing Executive Order 20-52; and
WHEREAS, on March 10, 2020, Broward County Administrator Bertha Henry declared
a countywide State of Emergency; and
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WHEREAS, on March 13, 2020, City Manager Michael Cernech pursuant to section
7.12 of the City Charter, determined that a local state of emergency exists in the city of Tamarac;
and
WHEREAS, the City Commission believes, based on the existing state of emergency,
that it is public health, safety, and welfare of the businesses and residents of the City of Tamarac
to delay the imposition of the New Development Impact Fees established by the City and to
make necessary amendments to the ordinance to effectuate the delay.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC AS FOLLOWS:
SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The City Commission of
the City of Tamarac hereby adopts and incorporates into this Ordinance the recitals (whereas
clauses) to this Ordinance and the City staff reports relating to this Ordinance as the legislative
findings and intent of the City Commission.
SECTION 2. Section 10-5.7, entitled "New Development Impact Fees" of Chapter 10 of
the Code of Ordinances of the City of Tamarac is amended to amend subsection 10-5.7(C) which
shall read as follows:
Section 10-5.7 New Development Impact Fees.
(C) Applicability of this Section.
(1) Affected area.
This Section shall apply to all new development within the City. Impact fees for
particular public facilities may apply to less than the entire City, only as indicated
specifically in this Section.
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(2) Type of development affected.
Except where specifically exempt by the provisions of this Section, this Section
shall apply to all new development.
(3) Type of development not affected.
The following types of development shall be exempt from the payment of impact
fees pursuant to this Section:
Any development for which a building permit for vertical construction of
residential units or nonresidential structure or building is filed prior to the date set
for the imposition of Impact Fees by the City;
Alterations or expansion of an existing dwelling unit where no additional units are
created and the use is not changed;
For multimodal fees, the construction of accessory buildings or structures which
will not increase the traffic counts associated with the principal building or
structure or the land;
For parks and recreation, and governmental facilities impact fees, the construction
of accessory buildings or structures which will not increase the number of
individuals living or working in the principal building or structure or the land;
The replacement of a destroyed or partially destroyed building or structure, with a
new building or structure of the same size and use;
(a) The construction of agricultural structures;
(b) Temporary uses; and
(c) Essential public services.
(4) Reductions. Reductions from the requirement to pay impact fees pursuant to this
Section shall be granted only as specifically provided in this Section.
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SECTION 3. CODIFICATION. The provisions of this Ordinance shall be codified as
and become and be made a part of the City of Tamarac Code of Ordinances. The Sections of this
Ordinance may be renumbered or relettered to accomplish such intention and the word
"Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate
word; provided, however, that Sections 3, 4, 5, 6, 7, 8 and 9 shall not be codified. The Code
codifier is granted liberal authority to codify the provisions of this Ordinance.
SECTION 4. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City
Manager, or designees, shall have the power and authority to implement the provisions of this
Ordinance by taking appropriate administrative actions to include, but not be limited to, the
promulgation of appropriate administrative rules and forms.
SECTION 5. SAVINGS. The prior actions of the City of Tamarac relating to the
imposition and administration of impact fees and any and all related matters and processes, are
hereby ratified and affirmed.
SECTION 6. CONFLICTS. To the extent of any conflict between any other City
regulations and ordinances and this Ordinance, this Ordinance shall be deemed to control.
Provided, however, that this Ordinance is not intended to amend or repeal any existing chapter or
regulation, unless expressly set forth in this Ordinance.
SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance 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 effect the validity of the remaining portion hereof.
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SECTION 8. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon adoption.
SECTION 9. IMPOSITION OF IMPACT FEES. The Impact Fees set forth in
Ordinance Number 2020-01 shall not be imposed on any Development until January 7, 2021.
This imposition date shall expressly serve to relate back and extend the initial imposition date of
April 7, 2020 as provided for in Ordinance Number 2020-01.
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PASSED, FIRST READING this DAY OF (--(72-1-/ , 2020.
,_,-,
PASSED, SECOND READING this / ) DAY OF 2*--7 , 2020.
-
BY: 41,61-
MAY R MICHELLE J. GmviEZ
ATTEST
RECORD OF COMMISSION VOTE: 1ST Reading
JE ER ji HNSO , CMC
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MAYOR GOMEZ
CITY CLERK ' DIST 1: VIM BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN 6/...,
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ t.-2--
DIST 1: VIM BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO L ;4e-,,,----
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form
_f7-11.--qz0
SAM EL S. GOREN
CITY ATTORNEY /
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'T.ODINIG: Words in strike through type are deletions from the existing law:
Words in underscore type are additions.