TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Amending the Code of the City of North Port, Chapter 58 - Planning and Development, Article III - Impact fees, allowing for deferral of payment of impact fees, modifying the timeline for and interest paid on refunds, and removing outdated language; amending Appendix A - City Fee Structure to provide fees for petitions related to impact fees; providing for severability; providing for conflicts; providing for codification; and providing for an effective date
Recommended Action
Adopt Ordinance No. 2018-33.
Background Information
On November 27, 2018, the City Commission considered Ordinance No. 2018-33 for first reading.
The ordinance:
1. Amended the City’s code to allow for deferral of impact fees, as determined by the City Commission on a case-by-case basis;
2. Deleted Section 58-100(a)(8) regarding a moratorium on transportation impact fees from January 31, 2014 - January 31, 2015, as the provision is outdated and no longer relevant; and
3. Removed requirements that the City pay six percent interest on impact fee refunds, as this is not required by law and represents an interest rate that is not tenable in the current economy.
The Commission continued the ordinance to second reading and directed certain revisions. Notable revisions from first reading include:
1. § 58-103(c) - deleted redundant language that is addressed in subsections (d) and (e);
2. Former § 58-103(d) - deleted in its entirety as outdated and no longer relevant;
3. § 58-103(e)(1) - incorporated proposed parameters for development eligible for deferral;
4. § 58-103(e)(2) - changed deadline for filing petition from 30 days to before payment is due, to allow for staff processing, legal review of an agreement, and commission action;
5. § 58-103(e)(3) - incorporated requirement for an agreement; incorporated proposed parameters for repayment;
6. § 58-103(e)(4) - corrected scrivener’s error referring to a county; clarified that the property owner pays recording fees for filing of lien and filing of lien release; and
7. Appendix A - incorporated fees for a petition for waiver, reduction, deferral, or refund of impact fees.
Strategic Plan
Economic Development & Job Creation
Affordability, Growth & Development
Financial Impact
n/a
Procurement
n/a
Attachments:
1. Ordinance No. 2018-33. Second Reading
2. Ordinance No. 2018-33. No Line Numbers
Prepared by: Amber L. Slayton
Department Director: Amber L. Slayton