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
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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
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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,
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(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.
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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
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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.)
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