O-271-C
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, ENTITLED "IMPACT FEES";
PROVIDING A STATEMENT OF PURPOSE REQUIRING THE PAYMENT
OF IMPACT FEES; PROVIDING DEFINITIONS; ESTABLISHING A FEE
SCHEDULE; PROVIDING FOR SPECIAL STUDIES; PROVIDING FOR
PAYMENT PROCEDURES; PROVIDING FOR CREDITS; PROVIDING FOR
RESTRICTIONS ON USE OF FUNDS; ESTABLISHING IMPACT FEE
RESTRICTED ACCOUNTS AND ANNUAL AUDIT THEREOF; PROVIDING
FOR REFUNDS; PROVIDING FOR LIBERAL CONSTRUCTION;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
HEREBY ORDAINS THAT:
WHEREAS, anticipated new development in the City of Clermont
requires an increase in parks and recreational facilities, in
police protection facilities, in fire protection facilities, and
in the use of water and wastewater treatment facilities to
accommodate the needs of residents in new development; and
WHEREAS, the city of Clermont has determined that new
development shall contribute its fair share of the capital costs
of providing new park and recreation facilities, police protection
facilities, fire protection facilities and water and wastewater
treatment facilities; and
WHEREAS, the City of Clermont has determined that impact fees
are an equitable and appropriate means to finance the capital costs
of providing land and facilities to meet the needs of new growth;
and
WHEREAS, this Ordinance is intended to be consistent with the
principles of allocating a fair share of the cost of necessary
public facilities to users as established by the Florida Supreme
Court in the case of Contractors and Builders Association of
pinellas County v. city of Dunedin, 329 So.2d 314 (Florida 1976);
and
WHEREAS, impact fees will assist in implementing the city of
Clermont Comprehensive Plan ("Comprehensive Plan").
NOW, THEREFORE, be it ordained by the city Council of the City
of Clermont as follows:
SECTION 1.
The Code of Ordinances of the City of Clermont are hereby
amended by adding a new Chapter 27 which reads as follows:
Chapter 27. IMPACT FEES
SECTION 2. Purpose.
These regulations are adopted for the purpose of promoting the
health, safety and general welfare of the residents of the City of
Clermont by:
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
Page -2-
(a) Requiring new development to pay its proportionate fair
share of the capital costs necessary to accommodate new development
impacts on parks and recreation, police protection, fire protection
and water and wastewater treatment.
(b) Implementing the Comprehensive Plan to help ensure
adequate parks and recreation facilities, police protection,
protection and water and wastewater treatment facilities
available in a timely and well planned manner.
that
fire
are
SECTION 3. Impact Fee Required.
Each person who shall apply for a city zoning clearance or
building permit shall pay impact fees in the manner and in the
amount set forth in this Chapter. Such fees shall be collected and
used by the City only in such manner as set forth in this Chapter.
SECTION 4. Definitions.
(a) "Capital Improvements" include land acquisition, site
development, equipment or other facilities used to provide parks
and recreation facilities, police protection, fire protection, and
water and wastewater treatment facilities.
(b) "Capital Costs" include planning, engineering,
acquisition and construction costs of capital improvements,
including debt service costs on bonded facilities but not including
routine maintenance costs or operational costs.
(c) "City Manager" shall include the City Manager or his
designee.
(d) A "Feepayer" is a person required under this ordinance
to pay the impact fee.
(e) "Person" includes
partnership, an incorporated
entity, and shall include all
an individual,
association, or
public entities.
a corporation, a
any other similar
(f) "New Deyelopment" means any construction that creates one
or more units, as provided in the schedule herein of land use. For
purposes of this Chapter, the term excludes a replacement of or
addition to any existing unit if no net new units are created.
SECTION 5. Impact Fee Schedule.
(a) The amount of the impact fee due will be determined by
the following fee schedule. The fees shown on the schedule are
based on the factors explained in the "Technical Report on Impact
Fee Calculations for Parks and Recreation, Police Protection, Fire
protection, and Water and Wastewater Treatment" available from the
City of Clermont City Clerk.
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
Page -3-
SCHEDULE
Table 1. Recreational Impact Fees
HOUSING TYPE
Sinq1e FamilY
0-1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
5+ Bedrooms
Multi-Family
0-1 Bedroom
2 Bedrooms
3 Bedrooms
4+ Bedrooms
Mobile Homes
0-1 Bedroom
2 Bedrooms
3 Bedrooms
4+ Bedrooms
UNIT OF
MEASUREMENT
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
D.U.
Table 2. Police Protection Impact Fee
LAND USE CATEGORY
Residential
Single Family
Multi-Family
Non Residential
General Retail
Service stations
Eating & Drinking
Office
Financial/Insurance
Hotel/Motel
Motor Vehicle Sales
Industrial
Warehousing
UNIT OF
MEASUREMENT
D.U.
D.U.
1,000 SF
1,000 SF
1,000 SF
1,000 SF
1,000 SF
1,000 SF
1,000 SF
1,000 SF
1,000 SF
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IMPACT
FEES
$240.00
$278.00
$397.00
$508.00
$607.00
$233.00
$371. 00
$554.00
$708.00
$142.00
$222.00
$386.00
$562.00
IMPACT
FEES
$ 37.00
$ 27.00
$119.00
$297.00
$406.00
$114.00
$168.00
$ 33.00
$ 68.00
$ 10.00
$ 25.00
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
Page -~-
Table 3. Fire Protection Impact Fee
UNIT OF IMPACT
LAND USE CATEGORY MEASUREMENT FEES
Residential
Single Family D.U. $ 45.00
Multi-Family D.U. $ 61. 00
Non Residential
General Retail 1,000 SF $105.00
Service Stations 1,000 SF $307.00
Eating & Drinking 1,000 SF $287.00
Office/Financial/Banking 1,000 SF $ 85.00
Homes for the Aged l,OOO SF $ 89.00
Hotel/Motel l,OOO SF $ 87.00
Motor Vehicle Sales l,OOO SF $100.00
Industrial/Mfg/Warehòuse l,OOO SF $ 37.00
Table 4. Water Impact Fee
Water Impact Fee = eostl x ERU2
leost:
1991 = $307
1992 = $309
1993 = $311
1994 = $312
1995 <= $314
1996 = $315
, 2Ec¡.uivalent Residential unit (ERU) conversions are in Table 6.
Table 5. Wastewater Impact Fee
Wastewater Impact Fee = Costl X ERU2
lcost: '
1991 = $1,270
1992 = $l,280
1993 = $1,289
1994 = $1,291
1995 = $1,301
1996 = $1,304
2Equivalent Residential unit (ERU) conversions are in Table 6.
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
Page -5-
Table 6. Equivalent Residential units (ERU)
RESIDENTIAL:
Equivalent Residential
units (ERU)
(a) Single or multiple family
per dwelling unit
1 bedroom and 600 square ft. or 0.33
less heated or cooled area
2 bedrooms and 601 - 1,000 sq. ft. 0.67
heated or cooled area
3 bedrooms and 1,001 - 2,000 sq. ft. 1.00
heated or cooled area
4 or more bedrooms and 2,000 - 3,000 1.33
sq. ft. heated or cooled area
(b) Other per occupant
.17
COMMERCIAL:
Airports, bus terminals, train stations, port
and docking facilities
(a) Per passenger
(b) Add per employee per eight shift
0.01
0.04
Barber and beauty shops per chair
0.22
Bowling alleys toilet wastes only per lane
0.22
Country Clubs
(a) Per resident
(b) Per member
(c) Per employee per eight hour shift
0.22
0.06
0.04
Dentists' Offices
(a) Per wet chair
0.44
(b) Per non-wet chair
0.11
Doctors' Offices per doctor
0.56
Factories, exclusive of industrial wastes,
gallons per employee per eight hour shift
(a) No showers provided
0.04
(b) Showers provided
0.08
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
Page -6-
Food Service operations
(a) Restaurant operating less than 16
hours per day per seat
0.11
(b) Restaurant operating 16 hours or
more per day per seat
0.17
(c) Restaurant using single service
articles only per seat
0.06
(d) Bar and cocktail lounge per seat
0.07
(e) Drive-in restaurant per car space
0.11
(f) Carry out only
(1) Per 100 square feet of floor space
O.ll
(2) Add per employee per eight hour
shift
0.04
(g) Institutions per meal
0.01
(h) Food Outlets excluding deli's,
bakery or meat department per 100
square feet of floor space
0.02
(1) Add for deli per 100 square feet
of floor space
0.11
(2) Add bakery per 100 square feet
of floor space
0.11
(3) Add for meat department per 100
square feet of floor space
0.22
Hotels and Motels
(a) Regular per room 0.33
(b) Resort hotels, camps, cottages 0.17
per person
(c) Add for establishments with self 0.89
service laundry facilities per machine
Office building per 250 sq. ft. of floor space
0.04
Service stations per water closet and per urinal
Shopping centers without food or laundry
(per 1,000 square feet of floor space)
0.56
0.43
Stadiums, race tracks, ball parks per seat
0.01
Stores per 1,000 square feet of floor space
0.43
swimming and bathing facilities, public per person
0.02
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
Page -7-
Theaters
(a) Indoor, auditoriums per seat
0.01
(b) Outdoor, drive-ins per space
0.02
Mobile Home Park per mobile home space
0.44
Recreational vehicle park
(a) Recreational vehicle for overnight
stay, w/o water and sewer hookup
per vehicle space
0.17
(b) Recreational vehicle for overnight
use, with water and sewer hookup
per vehicle space
0.22
INSTITUTIONAL:
Churches per seat
Hospitals per bed which does not include kitchen
wastewater flows
0.01
0.44
Nursing, rest homes per bed which does not
include kitchen wastewater flows
0.22
Parks, public picnic
(a) with toilets only per person
0.01
(b) with bathhouses, showers and toilets
per person
Public institutions other than schools and
hospitals per person which does not include
kitchen wastewater flows
0.02
0.22
Schools per student
(a) Day type
(b) Add for showers
(c) Add for cafeteria
(d) Add for day school workers
(e) Boarding type
0.03
0.01
0.01
0.03
0.17
Work/construction camps, semi-permanent per worker
0.11
Note:
Where the number of bedrooms indicated on the floor plan
and the corresponding heated or cooled area of a dwelling
unit in the table do not coincide, the criteria which
will reflect in the greatest estimated ERU shall apply.
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
Page -8-
Sources: State of Florida, Department of Health and Rehabilitative
Services, 1990. Reynolds, smith and Hills, Inc., 1991.
(b) If a development approval is requested for a development
with mixed unit types, then the fee shall be computed by
calculating number of units of each type and multiplying the
results by the appropriate fees on the schedule.
(c) When a question arises about which types on the schedule
shall apply to the development, the City Manager shall determine
which comparable land use type shall apply, or if there is no
comparable and use, that a special study is required.
(d) The schedule shall be reviewed periodically and revised
as necessary to reflect new data and technical information that
substantially affect the calculation of the proportionate fair
share of capital costs represented by the schedule.
SECTION 6. Special study Option.
(a) A special study may be used to compute any impact fee:
(1) At the option of the feepayer, or
(2) If the City Manager determines that the location,
intensity or unusual nature of the use indicates
that impacts on parks and recreation, police
protection, fire protection or water and wastewater
treatment facilities will be substantially higher
than those assumed in the fee schedule, or
(3) If the use is not on the schedule and the City
Manager determines that a special study is required.
(b) The feepayer shall be responsible for the preparation of
the special study, which shall follow standard methodologies and
a format approved by the City Manager. The City Manager shall
accept, reject or modify the fee calculated by the special study
and notify the feepayer in writing of his determination.
(c) Any determination made by the City Manager under this
section may be appealed to the City Council. The council shall
review the determination at a regular meeting of the Council and
shall provide an opportunity for the feepayer and the city Manager
to address the Council. The City Council shall make its decision
on the fee due under this section based on the following criteria:
(1) The fee represents a proportionate fair share of the
costs of providing capital improvements whose need
is created by new development;
(2) The calculation of the fee is based on appropriate
methodologies for calculating the proportionate fair
share considering any appropriate local factors, and
(3) The decision is compatible with and furthers the
Comprehensive Plan.
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
Page -9-
SECTION 7. Payment.
The feepayer shall pay the impact fee to the City in an office
to be designated by the City Manager, which office shall record
receipt of the fee in the official public record of the City and,
upon full payment of the fee, shall issue to the feepayer a
certified copy of such record of receipt, which may be used by the
feepayer as evidence of payment.
SECTION 8. Credits.
(a) Any conveyance of land or construction received and
accepted by the City Council from a feepayer shall be credited
against the applicable impact fee due if the conveyance or
construction meets the same needs as the impact fee and is
consistent with the eomprehensive Plan.
(b) If the feepayer wishes to receive credit against the
amount of the impact fee due for such conveyance or construction,
the feepayer shall enter into a fee agreement with the City
Council. The fee agreement shall provide for establishment of
credits and payment of the fee in a specified manner and time.
(c) The value of land conveyed or facilities constructed by
a feepayer and accepted by the City for purposes of the Chapter
shall be determined by an appraisal based on the fair market value
of the land or facilities as established by the City. Any land
awarded credit under this Chapter shall be conveyed in fee simple
no later than the time at which the impact fee is required to be
paid.
(d) The portion of the impact fee represented by a credit for
construction shall be deemed paid when the construction is
completed and accepted by the City for maintenance or when adequate
security for the completion of the construction has been provided.
Construction shall be in accordance with city of Clermont design
standards.
SECTION 9. Use of Funds.
Impact fees paid under the provisions of this Chapter shall
be used by the City exclusively for the purpose of providing
capital improvements to meet the demand created by new development.
SECTION 10. Restricted Accounts and Annual Audit.
(a) The eity shall establish a restricted account within a
city fund for Recreation Facility Impact Fees into which all park
and recreation fees collected under this Chapter shall be paid and
from which all disbursements shall be made only in accordance with
the purposes of this Chapter.
(b) The city shall establish a restricted account within a
city fund for Police Protection Facility Impact Fees into which all
police protection fees collected under this Chapter shall be paid
and from which all disbursements shall be made only in accordance
with the purposes of this Chapter.
(c) The city shall establish a restricted account within a
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
Page -10-
city fund for Fire Protection Facility Impact Fees into which all
fire protection fees collected under this Chapter shall be paid
and from which all disbursements shall be made only in accordance
with the purposes of this Chapter.
(d) The City shall establish a restricted account within a
city fund for Water Facility Impact Fees into which all water fees
collected under this Chapter shall be paid and from which all
disbursements shall be made only in accordance with the purposes
of this Chapter.
(e) The city shall establish a restricted account within a
city fund for Wastewater Treatment Facility Impact Fees into which
all wastewater treatment fees collected under this Chapter shall
be paid and from which all disbursements shall be made only in
accordance with the purposes of this Chapter.
(f) As a part of the city annual audit, the City shall
conduct an audit of the restricted accounts established under this
Chapter to ensure that impact fees have been collected and used in
the manner required under this Chapter.
SECTION 11. Refunds.
Any funds collected under this Chapter not expended or
encumbered by the end of the calendar year immediately following
eight (8) years from the date on which the building permit for the
development was issued may be returned to the then current property
owner upon his application for refund, with interest at the rate
of six percent (6%) per annum.
SECTION 12.
The provisions of this Ordinance shall be liberally construed
to effectively carry out its purposes in the interest of the public
health, safety, welfare and convenience.
SECTION 13.
All ordinances or parts of ordinances of the City of Clermont
in conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict.
SECTION 14.
The provisions of this Ordinance are severable, and if any
section, sentence, clause or phrase hereof is for any reason held
to be unconstitutional, invalid or ineffective, such holding shall
not effect the validity of the remaining portions of this
Ordinance, it being expressly declared to be the City Council's
intent that it would have passed the valid portions of this
Ordinance without the inclusion therein of any invalid portion or
portions.
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CITY OF CLERMONT
CODE ORDINANCE
No. 271-C
Page -11-
SECTION 15.
This Ordinance shall be published as provided by law
shall become law and take effect immediately upon its
reading and final passage.
First Reading this olc >'1't day of ~
Second Reading this 28 Wt.. day of ~/J -l J.
,
and it
second
, 1991.
, 1991.
PASSED AND ORDAINED BY THE CITX'1COUNCIL O~ ~E CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, THIS Z 8 TrJ DAY OF 7/7a..L t ' 1991.
CITY OF CLERMONT
@CJ./~
Robert A. Pool, Mayor
Attest:
fvc::Vcity
Clerk
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