ATTACHMENT_A_Impact_Fee_Ordinance_2001-21.pdf

ORDINANCE # 01- 021

AN ORDINANCE AMENDING CHAPTER 62, "LAND DEVELOPMENT

REGUIATIONS", CODE OF ORDINANCES OF BREVARD COUNTY,

FLORIDA; AMENDING ARTICLE V "IMPACT FEES"; AMENDING

DIVISION 2 "EMERGENCY SERVICES FACILITIES" TO RENAME

DIVISION TO "FIRE/RESCUE FACILITIES"; AMENDING SECTION 62-721

"SHORT TfilE; STATUTORY AU1HORTIY; APPLICABILITY" TO

RENAME SHORT TITLE; AMENDING SECTION 62-722 "INTENT AND

PURPOSE" TO REVISE REFERENCE TO TmE; AMENDING SECTION

62-723 "FINDINGS" TO REVISE REFERENCE TO TIILE AND REVISE

LEVEL OF SERVICE STANDARD; AMENDING SECTION 62-724 "RULES

OF CONSTRUCTION" TO REVISE TfilE OF COUNTY ADMINIS1RATOR;

AMENDING SECTION 62-725 "DEFINITIONS" TO REVISE REFERENCE

TO TITLE; AMENDING SECTION 62-728 "IMPOSITION" TO REVISE

REFERENCE TO TfilE; AMENDING SECTION 62-729 "COMPUTATION"

TO REVISE THE IMPACT FEE RATE SCHEDULE; AMENDING SECTION

62-730 "PAYMENT" TO REVISE REFERENCE TO TITLE; AMENDING

SECTION 62-731 "DISTRICTS ESTABLISHED" TO REVISE DISTRICT

BOUNDARIES; AMENDING SECTION 62-732 "TRUST FUNDS" TO REVISE

REFERENCE TO TITLE; AMENDING SECTION 62-733 "USE OF FUNDS"

TO REVISE REFERENCE TO Tin.E AND TITl..E OF COUNTY

ADMINISTRATOR; AMENDING SECTION 62-734 "REFUND OF FEES

PAID" TO REVISE REFERENCE TO TITLE; AMENDING SECTION 62-735

"EXEMPTIONS AND CREDITS" TO REPEAL EXEMPTIONS FOR

COMMERCIAL LAND USES; AMENDING DIVISION 3 "CORRECTIONAL

FACILITIES"; AMENDING SECTION 62-763 "FINDINGS" TO REVISE

LEVEL OF SERVICE STANDARD; AMENDING SECTION 62-764 "RULES

OF CONSTRUCTION" TO REVISE TITLE OF COUNTY ADMINIS1RATOR;

AMENDING SECTION 62-769 "COMPUTATION" TO REVISE IMPACT FEE

RATE SCHEDULE; AMENDING-SECTION 62-770 "PAYMENT" TO REVISE

TITLE OF COUN1Y ADMINISTRATOR; AMENDIN"G SECTION 62-773

"USE OF FUNDS" TO REVISE TITLE OF COUNfY ADMINISTRATOR;

AMENDING SECTION 62-775 "EXEMPTIONS AND CREDITS" TO

REPEAL EXEMPTIONS FOR COMMERCIAL LAND USES; AMENDING

SECTION 62-804 "RULES OF CONS1RUCTION" TO REVISE TITLE OF

COUNTY ADMINISTRATOR; AMENDING SECTION 62-809

"COMPUTATION" TO REVISE TITLE OF COUNTY ADMINISTRATOR

AND UPDATE EDITION OF 1R1P GENERATION MANUAL; AMENDING

SECTION 62-810 "PAYMENT" TO REVISE TITLE OF COUNIY

ADMINISTRATOR; AMENDING SECTION 62-811 "DISTRICTS

ESTABLISHED" TO REVISE DISTRICT BOUNDARIES; AMENDING

SECTION 62-813 TO REVISE TfilE OF COUN1Y ADMINISTRATOR;

AMENDING SECTION 62-815 "EXEMPTIONS AND CREDITS" TO

REPEAL EXEMPTIONS FOR COMMERCIAL LAND USES; AMENDING

SECTION 62-817 "DISTRICT BOUNDARIES" TO REVISE DISTRICT

BOUNDARIES; AMENDING SECTION 62-818 "FEE SCHEDULE" TO

REVISE THE IMPACT FEE RATE SCHEDULE; CREATING DIVISION 5

Officially filed with the Secretary of State April 30, 2001 1

ATTACHMENT A

"EMERGENCY MEDICAL SERVICES FACILITIES" TO ESTABLISH A

SEPARATE IMPACT FEE FOR EMERGENCY MEDICAL SERVICES

FACILITIES; CREATING SECTION 62-841 "SHORT TITLE; STATUTORY

AUTHORITY; APPLICABILITY"; CREATING SECTION 62-842 "INTENT

AND PURPOSE"; CREATING SECTION 62-843 "FINDINGS"; CREATING

SECTION 62-844 "RULES OF CONSTRUCTION; CREATING SECTION 62-

845 "DEFIN'ITIONS"; C a T I N G SECTION 62-846 "PENALTIES;

ADDITIONAL REMEDIES"; C W T I N G SECTION 62-847

"SEVERABILITY"; CREATING SECTION 62-848 "IMPOSITION";

CREATING SECTION 62-849 "COMPUTATION; CREATING SECTION 62-

850 "PAYMENT"; CREATING SECTION 62-851 "DISTRICTS

ESTABLISHED"; CREATING SECTION 62-852 "TRUST FUNDS";

CFGATING SECTION 62-853 "USE OF FUNDS"; CREATING SECTION 62-

854 "REFUNDS OF FEES PAID"; CREATING SECTION 62-855

"EXEMPTIONS AND CREDITS"; CREATING SECTION 62-856 "REVIEW";

CREATING SECTION 62-857 "APPEALS"; PROVIDING LEGAL STATUS;

PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AREA

ENCOMPASSED; PROVIDING FOR CONFLICTING PROVISIONS; AND

PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Brevard County Comprehensive Plan establishes the objective of providing essential public services and facilities that are effective, efficient, and adequate to meet the needs of the projected population and that support and reinforce the growth management and land development guidelines; and

WHEREAS, the Brevard County Comprehensive Plan provides that a building moratorium on the issuance of development permits could be instituted if an essential service is found to'be inadequate or below minimum acceptable levels; and

WHEREAS, the Brevard County Comprehensive Plan establishes the guideline that new development provide the essential services needed by the new development either through actual construction of the applicable facilities or through specific revenue producing mechanisms; and

WHEREAS, the Brevard County Comprehensive Plan states that the imposition of impact fees is one of the land use control devices that assures that new development would help finance additional facilities required as a result of the new development to provide a minimum level of capital facilities; and