Resolution 492-1992
F: L pi r ()P l' reo R fl
'92
NOV 13 t~)O :l:j5
A RESOLUTION OF THE COUNTY OF MONROE,
FLORIDA, ESTABLISHING A SCHEDULE OF ~IRE
PROTECTION/EMS FACILITIES IMPACT FIl:~h TO BE
IMPOSED ON NEW DEVELOPMENT PURSUANT TO
ARTICLE X, IMPACT FEES OF THE MONROE COUNTY
CODE, TO ENSURE THAT FIRE PROTECTION/EMS
FACILITIES WILL BE ADEQUATE TO ACCOMMODATE
THE DEMAND GENERATED BY NEW DEVELOPMENT AT
THE ADOPTED LEVEL OF SERVICE AND TO ASSIGN
THE COSTS OF FIRE PROTECTION/EMS FACILITIES
PRO RATA TO NEW DEVELOPMENT IN PROPORTION TO
THE NEEDS GENERATED BY NEW DEVELOPMENT.
RESOLUTION NO. 492-1992
WHEREAS, Monroe County, Florida has experienced rapid
population growth during the 1980's which has strained the adequacy
of existing sources of funds to provide fire protection/EMS
facilities to meet the demands created by new development; and
WHEREAS, the Monroe County Comprehensive Plan indicates that
the growth rate will continue and place significant demands on the
County to provide fire protection/EMS facilities to support new
development at the adopted levels of service; and
WHEREAS, new development must be accompanied and supported by
adequate fire protection/EMS facilities in order to maintain the
adopted levels of service for fire protection/EMS facilities; and
WHEREAS, Monroe County provides fire protection/EMS
facilities serving both permanent and seasonal residents of the
unincorporated area; and
WHEREAS, Monroe County
Protection/Emergency Medical
effect; and
does not have
Services impact
an
fee
existing Fire
currently in
WHEREAS, Monroe County has identified a need to explore the
necessity of a Fire Protection/Emergency Medical Services impact
fee to be applied to new development; and
WHEREAS,
analysis of a
fee; and
Monroe County has authorized
Fire Protection/Emergency Medical
a comprehensive
Services impact
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WHBREAS, the analysis has been completed and is included in a
Report titled "Fire Protection/EMS Facilities Impact Fee Report for
Monroe County, Florida," October 1992; and
WHEREAS, the above-mentioned Report and the Impact Fee
Procedural Ordinance (Section 9.5-490 of the Monroe County Land
Development Regulations) and the Fire Protection/EMS Facilities
Impact Fee Resolution have been reviewed by the Planning Commission
in public workshops on the following dates:
July 10, 1992
July 27, 1992
August 7, 1992
August 12, 1992
September 2, 1992
September 16, 1992; and
WHEREAS, the above-mentioned Report, Ordinance and Resolution
were reviewed by the Monroe County Development Review Committee on
September 14 and 23, 1992; and
WHEREAS, the above-mentioned Report, Ordinance, and
Resolution were reviewed by the Planning Commission at a duly
noticed public hearing held on October 1, 1992, at which public
comments were received and considered; and
WHEREAS, after the close of the Public Hearing on October 1,
1992, the Planning Commission made a recommendation to the Board of
County Commissioners to adopt the Impact Fee Procedural Ordinance
and the Fire Protection/EMS Impact Fee Schedule Resolution; and
WHEREAS, the above-mentioned Report, Ordinance and Resolution
and the Planning Commission's recommendations were reviewed by the
Board of County Commissioners at two (2) duly noticed public
hearings held on October 5, 1992 and October 16, 1992, at which
public comments were received and considered; and
WHEREAS, the Board finds that due to the establishment of
fire protection/EMS facilities impact fee subdistricts and
limitations on the appropriation of fire protection/EMS facilities
impact fee funds, the fees have a "rational nexus" to and provide
benefit to those developments on which the fees are imposed; and
WHEREAS,
Commissioners
provision of a
the projected
and
by this Resolution, the Board of County
adopts a level of service represented by the
total of 53 equipped fire/EMS station bays to serve
residential and nonresidential development in 2010;
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WHEREAS, the Board finds that the adopted level of service
standards are applicable to existing and new residential and
nonresidential development; and
WHEREAS, it is the intent of the Board that, by the
establishment of Fire Protection/EMS Facilities Impact Fees, new
development in the County will pay its pro rata share of the fire
protection/EMS facilities required to serve such new development at
the adopted level of service standards; and
WHEREAS, it is the intent of the Board that
protection/EMS facilities financed with impact fees be
with the Comprehensive Plan; and
the fire
consistent
WHEREAS, it is the intent of the Board that impact fees be
one technique within an overall County growth management program to
implement the goals, objectives and policies of the County
Comprehensive Plan; and
WHEREAS, the Board has considered the matter of financing of
fire protection/EMS facilities, the need for which is attributable
to new development and hereby finds and declares that an impact fee
imposed upon new development to finance fire protection/EMS
facilities, the need for which is reasonably related to new
development, furthers the public health, safety and welfare of
Monroe County and its residents; and
WHEREAS, the impact fees adopted pursuant to this Resolution
are based upon the data and calculation methodology incorporated in
the "Fire Protection/EMS Facilities Impact Fee Report for Monroe
County, Florida" (October 1992); and
WHEREAS, the Board therefore finds and deems it advisable to
adopt the Monroe County Fire Protection/EMS Facilities Impact Fee,
as hereinafter set forth; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA THAT:
The following Fire Protection/EMS Facilities Impact Fee
Schedule shall be adopted and imposed on new residential and
nonresidential development in the unincorporated area of the County
and within the boundaries of participating municipalities:
Section 1. Pursuant to and in accordance with Article X,
Impact Fees of the Monroe County Code, the Fire Protection/EMS
Facilities Impact Fees to be imposed on new development shall be as
set forth in the Fire Protection/EMS Facilities Impact Fee
Schedule, attached hereto and incorporated herein by reference.
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Section 2. Definitions. For purposes of this Resolution,
the following words and terms shall have the following meaning,
unless another meaning is clearly intended:
(a) "Emergency Medical Services or EMS" means and refers to
all facilities and associated capital equipment used to
provide emergency medical services and life support
services within unincorporated Monroe County.
(b)
"Fire Protection" means and refers to
associated capital equipment used
suppression/protection and rescue
unincorporated Monroe County.
all facilities and
to provide fire
services within
(c) "Adopted Level of Service, Fire Protection/EMS" shall
mean the level of service provided by a total of 53
equipped fire station bays to the total projected
residential and nonresidential development in the
unincorporated County in 2010.
(d) "Demand" means and refers to the increment of fire
protection/EMS facilities that new development consumes
(measured in dwelling units or per 1,000 square feet of
nonresidential development as shown on the Fire
Protection/EMS Impact Fee Schedule, Attachment A to this
Resolution) .
(e) "Fire Protection/EMS Facilities" means and refers to
amounts spent or authorized to be spent in connection
with the acquisition of land and/or facilities,
planning, legal, fiscal, economic, engineering,
administrative services, financing, construction,
equipping of facilities or equipment to provide
development fire protection/EMS services and to enable
the County to carry out any other authorized fire
protection/EMS services.
Section 3. Establishment of a Fire Protection/EMS Facilities
Impact Fee District and Subdistricts.
(a) District. The Fire Protection/EMS Facilities Impact Fee
District shall include the unincorporated area of Monroe
County and all municipalities within Monroe County
participating in the Monroe County Fire Protection/EMS
Facilities Impact Fee System.
(b) Subdistricts. The Fire Protection/EMS
Fee District shall be divided into
Protection/EMS Impact Fee Subdistricts as
9.5-490.2 (E) (1) of the Monroe County
Facilities Impact
three (3) Fire
provided by Sec.
Land Development
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Regulations and on the Impact Fee District Map referenced in
Sec. 9.5-490.2(E) (3) of the Monroe County Land Development
Regulations.
Section 4. Calculation of Impact Fee. The County shall
calculate the Fire Protection/EMS Facilities Impact Fee due in
accordance with the procedure set forth in Sec. 9.5-490.3(B) of the
Monroe County Land Development Regulations and pursuant to the
impact fee per demand unit as shown in the Fire Protection/EMS
Facilities Impact Fee Schedule (Attachment "A") in effect at the
time of building permit issuance.
Section 5. Trust Funds Established.
(a) There is hereby established a separate Fire
Protection/EMS Facilities Impact Fee Trust Fund account
for each Fire Protection/EMS Facilities Impact Fee
Subdistrict.
(b) Funds withdrawn from these accounts must be used solely
in accordance with the provisions of Sec. 9.5-490.4(B)
and (C) of the Monroe County Land Development
Regulations i provided, however, that funds in any Fire
Protection/EMS Facilities Impact Fee Trust Fund account
may be expended for any facilities located within any
Fire Protection/EMS Facilities Impact Fee Subdistrict
which provide benefit throughout the unincorporated
County.
(c) All fire protection/EMS facilities impact fee funds
shall be utilized for fire protection/EMS facilities
within the Monroe County Fire Protection/EMS Facilities
Impact Fee District.
Section 6. Liberal Construction. The provisions of this
Resolution shall be liberally construed to effectively carry out
its purposes in the interest of public health, safety, welfare and
convenience.
Section 7. Severability. Should any sentence, clause, part
or provision of this Resolution be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity
of the Resolution as a whole, or any part thereof other than the
part declared to be invalid.
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Section 8. Effective Date. This Resolution shall become
effective concurrent with, but not before, the effective date of
the Impact Fee Procedural Ordinance Text Amendment.
The Clerk of the Court is hereby directed to send a certified
copy of this Resolution to the Florida Department of Community
Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 16th day of October, A.D., 1992.
Mayor Harvey
Mayor Pro Tern London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
YPC:
Yes
Yes
A .,CH-I
Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
\i:) -. . ~.., .... -: ~1 \ ~ -...... ~ 1I . "-
By: ~
MAYOR/CHAIRMAN
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
By:
""
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ATTACHMENT "A"
FIRE PROTECTION/EMS FACILITIES IMPACT FEE SCHEDULE
Type of Development(l)
Impact Fee Per
Development Unit
Residential Development
(per dwelling unit)
$105
Recreational Campground
(per space)
$105
Nonresidential Development
(per 1,000 sq.ft.)
Hotel/Motel
(per 1,000 sq. ft.)
$ 64
$ 64
Note:
(1 )
All development subj ect to the revised Fire Protection/EMS
Facilities Impact Fee shall pay the fee amount indicated for the
appropriate specific development type, or, if no specific
development type is applicable, for the appropriate general
development type based on the definitions of residential
development and nonresidential development in Section 9.5-490 of
the Monroe County Land Development Regulations.
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