§ 159.109. Adoption, Review and Revision.

(A)

The Council shall adopt all revisions and updates to the Road Program by ordinance.

(B)

The City Manager shall direct staff or consultants to annually review the impact fee ordinance, procedures, assumptions, and fee calculations and to issue, on or before July 1, an annual report summarizing information on the impact fees. Information on all impact fees imposed by the City may be included in one annual report. The annual report shall be distributed to the Council by the City Manager. The annual report should include, for example, information on account balances, annual collections, annual expenditures, capital improvement projects funded in whole or in part with impact fees, administrative costs and administrative fees charged, if any, and may include any other issues of concern related to the City's impact fee system and ordinance. Information from the comprehensive annual financial report (CAFR), the capital improvements program (CIP) and any other reports or plans adopted by the City may be included by reference or duplicated in part for the annual impact fee report. The annual report should include recommendations related to the impact fee system, including but not limited to, whether there is a need to update the fees based on the ENR construction cost Index pursuant to subsection (D) below, the need for any updates to the impact fee calculations, and the need for any modifications to the ordinance. When increased fees are recommended, the report should include a discussion of affordable housing and how the increase might affect housing affordability. Based upon the annual report, the Council may, but is not required to, direct further action on the impact fee system. Nothing in this article shall be construed to limit the Council's authority to amend this article at any time.

(C)

The Council shall, through staff or consultants, conduct a complete review and, if needed, update the road impact fee study and the road impact fee ordinance at least once every four (4) years. Fee studies should specifically address affordable housing methodologies and/or alternative methods of setting fees, such as tiered impact fees based on square footage for residential fees or reduction of impact fees for in-fill housing or housing in different areas of the City, such as CRA, etc. The report issued based on this review shall be distributed to the Council by the City Manager. Changes to the impact fee system, including updated fee calculations, should be adopted within a year of completion of the quadrennial report. This quadrennial report shall be issued on or before July 1 in the applicable years and may substitute for the annual report in that year.

(D)

In conjunction with the annual report, the City Manager shall review the road impact fee schedule each calendar year to account for changes in the costs of road construction and right-of-way acquisition. The adjusted fee schedule shall be adopted by ordinance and any increases in the fee schedule shall not be effective prior to ninety (90) days after adoption of such ordinance. Unless otherwise directed by the Council, such annual adjustments to the road impact fee schedule shall be based on the engineering news record (ENR) construction cost index or such other indexes or computations determined by the City Manager to be suitable for use, in the City of Port St. Lucie, Florida to reflect the cost of capital improvements for roads.

(Ord. No. 05-87, § 9, 6-20-05; Ord. No. 13-26, § 2, 5-28-13; Ord. No. 16-32, § 2, 6-27-16)