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Resolution 496-1992 RESOLUTION NO. 496-[~~~[) ~fJF pr:-CORf1 A RESOLUTION OF THE COUNTY92 otiOV MbN~01i55 FLORIDA, ESTABLISHING A SCHEDULE OF SOLID WASTE/RECYCLING FACILITIES IMPACT FEES TO BE IMPOSED ON NEW DEVELOPMENT Ptffl-SUANT TO ARTICLE X, IMPACT FEES OF THE ~l~OE COUNTY CODE, TO ENSURE THAT SOLID WASTE/RECYCLING FACILITIES WILL BE ADEQUATE TO ACCOMMODATE THE DEMAND GENERATED BY NEW DEVELOPMENT AT THE ADOPTED LEVEL OF SERVICE AND TO ASSIGN THE COSTS OF SOLID WASTE/RECYCLING FACILITIES PRO RATA TO NEW DEVELOPMENT IN PROPORTION TO THE NEEDS GENERATED BY NEW DEVELOPMENT. 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 solid waste/recycling 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 solid waste/recycling facilities to support new development at the adopted levels of service; and WHEREAS, new development must be accompanied and supported by adequate solid waste/recycling facilities in order to maintain the adopted levels of solid waste/recycling service; and WHEREAS, Monroe County facilities serving residents unincorporated area; and provides solid waste/recycling and seasonal residents of the WHEREAS, Monroe County has an existing Fair Share Solid Waste Impact Fee (Section 9.5-494 of the Monroe County Land Development Regulations) adopted in 1986 which was calculated based on 1986 cost data, and the level of service provided by the County in 1986, which was as follows: (a) 11 lbs. of solid waste generated per capita/per day or 53.42 tons per day to accommodate the projected population increase between 1985 and 2005 (106,849 pounds per day); and (b) landfill, land acquisition and incineration costs of $5,865,000 to provide a capacity to handle 43.33 tons of solid waste per day or $135,356 cost per ton or $67.68 per pound. WHEREAS, Monroe County has collected and expended solid waste impact fees from 1986 through 1992 pursuant to the existing Fair Share Solid Waste Impact Fee; and 1 WHEREAS, Monroe County recognizes that impact fees must be reviewed periodically to identify changes in levels of service, changes in costs, changes in the specific types of facilities for which impact fees are calculated and collected and technical changes in fee calculation methodology; and WHEREAS, Monroe County has authorized a comprehensive analysis of the existing Fair Share Solid Waste Impact Fee for the purpose of updating the fee; and WHEREAS, the analysis has been completed and is included in a Report titled "Solid Waste/Recycling 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 Solid Waste/Recycling Facilities Impact Fee Schedule Resolution have been reviewed by the Planning Commission in public workshops on the following dates: July 10, 1992 July 22, 1992 August 7, 1992 August 21, 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 were reviewed by the Planning Commission at a duly hearing held on October 1, 1992 at which public received and considered; and and Resolution noticed public comments were 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 Solid Waste/Recycling Facilities Impact Fee Schedule Resolution; and WHEREAS, the above-mentioned Report, Ordinance, Resolution and the Planning Commission recommendation 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 one solid waste/recycling facilities impact fee district and limitations on the appropriation of solid waste/recycling facilities impact fee funds, the fees have a "rational nexus" to and provide benefit to those developments on which the fees are imposed; and 2 WHEREAS, by this Resolution, the Board of County Commissioners adopts a level of service standard of providing collection, disposal and/or recycling facilities and services for an average of 6.1 pounds of solid waste per capita per day; and WHEREAS, the Board finds that the adopted level of service standards are applicable to existing and new development; and WHEREAS, it is the intent of the Board that, by the establish- ment of solid waste/recycling facilities impact fees, new develop- ment in the County will pay its pro rata share of the solid waste/recycling facilities required to serve such new development at the adopted level of service standards; and 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 solid waste/recycling facilities, the need for which is attribut- able to new development and hereby finds and declares that an impact fee imposed upon development to finance solid waste/recycling 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 "Solid Waste/Recycling 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 Solid Waste/Recycling 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 Solid Waste/Recycling Facilities Impact Fee Schedule shall be adopted and imposed on new 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 Solid Waste/Recycling Facilities Impact Fees to be imposed on new development shall be as set forth in the Solid Waste/Recycling Facilities Impact Fee Schedule, attached hereto and incorporated herein by reference. Section 2. Definitions. For purposes the following words and terms shall have unless another meaning is clearly intended: of this Resolution, the following meaning, 3 (a) "Adopted Level of Solid Waste/Recycling Service" means and refers to the collection, disposal and/or recycling of an average of 6.1 pounds of solid waste per capita per day. (b) "Demand" means and refers to the increment of solid waste/recycling facilities that new development consumes (measured in dwelling unit or 1,000 square feet of nonresidential development as shown on the Solid Waste/Recycling Impact Fee Schedule, Attachment A to this Resolution) . (c) "Solid Waste/Recycling Facilities" means and refers to amounts spent or authorized to be spent in connection with the acquisition of land and/or facilities and equipment, planning, legal, fiscal, economic, engineer- ing, administrative services, financing, construction, equipping and development of solid waste/recycling facilities to provide for the collection, storage, disposal, treatment or recycling of solid waste or for any other functions of the Monroe County Solid Waste/Recycling System. Section 3. Establishment of a Solid Waste/RecYcling Facilities Impact Fee District. The Solid Waste/Recycling Facilities Impact Fee District shall include the unincorporated area of Monroe County and all municipalities within Monroe County participating in the Monroe County Solid Waste/Recycling Facilities Impact Fee System. Section 4. Calculation of Impact Fee. The County shall calculate the solid waste/recycling 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 Solid Waste/Recycling 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 Solid Waste/Recycling Facilities Impact Fee Trust Fund account for the Solid Waste/Recycling Facilities Impact Fee District. (b) Funds withdrawn from this account 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. (c) All solid waste/recycling facilities impact fee funds shall be utilized for solid waste/recycling facilities or capital equipment acquisition for use to benefit new development within the Monroe County Solid Waste/Recycling Facilities Impact Fee District. 4 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. 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 Yes Yes Yes ,,~ es BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~...~.J ~"..-~,,\- ~ ~.~ MAYOR/CHAIRMAN (SEAL) ~~;~;en~.~~HAGE' DEPUTY CL CLERK IIY 5 ATTACHMENT "A" SOLID WASTE/RECYCLING FACILITIES IMPACT FEE SCHEDULE ~e of Development Impact Fee Per Development Unit Residential (per dwelling unit) $64.00 $64.00 $54.00 $54.00 Recreational Campground (per space) Nonresidential (per 1,000 sq.ft.) Hotel/Motel (per 1,000 sq.ft.) 6