Chapter 70. IMPACT FEES AND PROPORTIONATE SHARE

Article II. FIRE/RESCUE SERVICE IMPACT FEE

§ 70-35. Imposition.

Latest version.

(a)

Level of service; applicability of fee.

(1)

Level of service for county fire/rescue service. The level of service that is to be the standard for this article is the existing equipment and facilities of such service. Mobility of the equipment has permitted satisfactory service to rural and urban emergencies throughout the county with an average response time 6.01 minutes. New growth should contribute to the capital assets of the service in the same pro rata share as that heretofore paid by existing residents. Brush fire suppression is mutually beneficial to all citizens and is funded through fire rescue district taxes and not this impact fee. Approximately 21.37 percent of all fire assets are required for controlling brush fires. This percent of assets has been removed from the sums used for calculating the fire impact fee. The county's fire/rescue system has expanded the number of fire stations and equipment to provide service to nonurban and urban areas. This article recognizes that the fire/rescue system has been classified in chapter 15 of the county comprehensive plan (capital improvement element) into urban, suburban and rural stations. This classification is based on type of equipment, number of calls and response time. At this time there is no substantial cost difference between the three types of stations. Changes will be recommended to ensure continued consistency between the comprehensive plan and this article. The cost data is calculated as the average for the countywide service. The fire/rescue system operates or owns 21 fire stations equipped to provide protection for a designated service area. The rolling stock inventory consists of 116 vehicles of various types of fire engines, brush trucks, tankers and other support vehicles. These assets with a value of $20,015,909.00 provide protection for 65,522 households and 13,211,924 square footage of nonresidential property. The number of fire stations and related equipment described in this article is anticipated to change due to population growth and changes in fire/rescue system technology. Increases due to growth will be supported by impact fees. The formula allocating services and costs is presented in subsection (c) of this section.

(2)

Activities subject to fee. Any person who makes or causes the making of an improvement to land which requires the issuance of a building permit or any person who changes the use of any building to one which will generate additional fire/rescue demands shall be required to pay a fire/rescue impact fee in the manner and amount set forth in this article.

(3)

Payment of fee required prior to construction or change in use. No person shall obtain a county or municipal certificate of occupancy for which the fee imposed by this article is applicable without first having obtained the required building permit and paid the proper impact fee imposed by this article. No person shall change the use or allow a change in use of any structure where the fee imposed by this article is applicable without having paid the proper fire/rescue impact fee imposed by this article. No person shall change the use or allow a change in use of any building where the fee imposed by this article is applicable without having paid the proper fire/rescue service impact fee imposed by this article.

(4)

Payment of fee required prior to application for electrical service. No person shall apply for service from an electric utility without having paid the proper fire/rescue impact fee imposed by this article.

(b)

Payment of fee required prior to issuance of a certificate of occupancy, or occupancy of the building, local business tax receipt or use permit. No county or municipal certificate of occupancy, or occupancy of the building, local business tax receipt or use permit for which a complete application is submitted after May 10, 1989, shall be issued unless and until the fire/rescue service impact fee required by this article has been paid. The obligation of a person to pay the fee imposed by this article shall not be extinguished by the inadvertent failure of the county to collect the fee at the time required.

(c)

Formula development.

(1)

County fire/rescue service. The following formula shall be used to determine fire/rescue service impact fees per land use types:

Residential land use.

RESIDENTIAL
FIRE/RESCUE SERVICE IMPACT FEE

	Station Costs Per Square Footage	= (A × B)/C = D
Volusia	Vehicle Cost/Year	= [(E × B)/C]/G = H
County	Credits	= @PV (H, I, J) = K
Residential =	Fee Charge	= (Gross Fee - Credits) = D - K = L
	Administration Fee	= 3%
	Total Residential Fee	= L × 1.03 = N

Total
Capital
Outlay

Percent
Service
Demand

Total
Dwelling
Units

Station
Costs per
Dwelling
Unit

Total
Vehicle
Costs

Vehicle
Costs per
Dwelling
Unit

Gross No.
Vehicle
Years
for
Depreciation

Vehicle
Costs
per Year

Interest
Rate for
Depreciation

Net No.
Vehicle
Years for
Depreciation

Present
Value of
Vehicle
Costs

Residential
Fee Charge

Administra-
tion Fee

Total
Residential
Fee

$20,015,909.00

90.48

65,522

$276.40

$9,045,572.00

$124.91

$12.49

6.00%

$43.28

$233.12

3.00%

$240.11

Where:

Total Capital Outlay	=	The cost to purchase property, construct buildings and provide equipment for the present service level.
Percent Service Demand	=	The percent of residential fire calls.
Vehicle Costs	=	The total replacement cost of vehicles in the inventory.
Credits	=	Depreciation of the vehicles based on an expected useful operational life of the composite inventory of ten years. The formula provides credit for six years' depreciation with a present value of four years discounted at 6.0 percent interest.
Total Population	=	The number of full-time and seasonal residents in the unincorporated area of the county, as well as the Cities of Pierson, DeBary, Lake Helen, and Oak Hill.
Total Dwelling Units	=	Total population divided by 2.3 average persons per household.

Nonresidential land use.

NONRESIDENTIAL
FIRE/RESCUE SERVICE IMPACT FEE

	Station Costs Per Square Foot	= (A × B)/C = D
Volusia	Vehicle Cost/Year	= [(E × B)/C]/G = H
County	Credits	= @PV (H, I, J) = K
Nonresidential =	Fee Charge	= (Gross Fee - Credits) = D - K = L
	Administration Fee	= 3%
	Total Nonresidential Fee	= L × 1.03 = N

Total
Capital
Outlay

Percent
Service
Demand

Total
Nonresidential
Square

Footage

Station
Costs per
Square
Footage

Total
Vehicle
Costs

Vehicle
Costs per
Square

Footage

Gross No.
Vehicle
Years for
Depreciation

Vehicle
Costs per
Year

Interest
Rate for
Depreciation

Net No.
Vehicle
Years for
Depreciation

Present
Value
of Vehicle
Costs

Nonresi-
dential Fee
Charge

Administra-
tion Fee

Total
Nonresidential
Fee per Square
Footage

$20,015,909.00

9.52

13,211,924

$0.144

$9,045,572.00

$0.0652

$0.00652

6.00%

$0.023

$0.122

3.00%

$0.125

Where:

Total Capital Outlay	=	The cost to purchase property, construct buildings and provide equipment for the present service.
Percent Service Demand	=	The percent of nonresidential fire calls.
Total Square Footage	=	The square footage of nonresidential buildings.
Vehicle Costs	=	The total replacement cost of vehicles in the inventory.
Credits	=	Depreciation of the vehicles based on an expected useful operational life of the composite inventory of ten years. The formula provides credit for six years' depreciation with a present value of four years discounted at 6.0 percent interest.

Credits

Vehicle Costs × Percent of Service Demand
Total Square Footage

/10 Years Depreciation × Present Value at 6.0% for 4 Years

(d)

Fee schedule.

(1)

Areas served county fire/rescue service. The fee schedule for areas served by county fire/rescue service is as follows:

Land Use	Unit	Fee
Residential	Single dwelling	$240.11
Nonresidential (including hotel/motel)	Square foot	0.125

(e)

Credits for donations; fee for mixed uses; fee for change of existing use.

(1)

The donation of land, facilities and equipment may qualify for credits if consistent with the county's plans and standards for station location, size and apparatus specifications, and upon approval by the fire services administrator. The value of improvements or donations shall be determined by the county fire services administrator and approved by the growth management and environmental service center director.

(2)

If a building permit is requested for a building with residential and nonresidential uses, then the fee shall be determined through using the schedule set out in this section by apportioning the space committed to uses specified on the schedule.

(3)

In the case of a change of use, redevelopment or modification of an existing use requiring the issuance of a building permit, the impact fee shall be based upon the net increase in the impact fee for the new as compared to the previous use.

(f)

Temporary suspension of residential fire/rescue service impact fees.

(1)

The imposition of residential fire/rescue service impact fees shall be temporarily suspended for all residential building permits for which an application has been date stamped received on or after July 1, 2011, according to the following schedule:

All residential fire/rescue service impact fees, as established by this article, shall be suspended for a period beginning on July 1, 2011 and extending through June 30, 2013.

Two-thirds of all residential fire/rescue service impact fees, as established by this article, shall be suspended for a period beginning on July 1, 2013 and extending through June 30, 2014.

One-third of all of residential fire/rescue service impact fees, as established by this article, shall be suspended for a period beginning on July 1, 2014 and extending through June 30, 2015.

(2)

Area of applicability. The temporary suspension of residential fire/rescue service impact fees established by this article shall only apply in the areas within the following legal descriptions, as graphically depicted on the "Residential Impact Fee Temporary Suspension Area Map", dated August 15, 2011:

East zone. Those lands lying within the following described boundary:

Beginning at the northeasterly corner of Section 32, Township 12 South, Range 32 East, Volusia County, Florida, said corner being the northeast corner of described boundary for said Volusia County, thence run southerly, along the Atlantic coastline and said county boundary, to the intersection with the southerly line of the corporate boundary of the City of New Smyrna Beach, Florida; thence run westerly, along said corporate boundary line, to its intersection with the westerly line of the Indian River; thence run southerly, along said westerly line of river, to its intersection with the southerly corporate boundary of the City of Oak Hill, Florida; thence run westerly, along said corporate boundary, to the westerly corporate boundary line of said City of Oak Hill; thence run northerly, along said corporate boundary, to the northerly corporate boundary of said City of Oak Hill; thence run easterly, along said corporate boundary to its intersection with the westerly corporate boundary of the City of Edgewater, Florida; thence run northerly, and westerly, along said corporate boundary line, to its intersection with the centerline of Interstate 95; thence run northerly, along said centerline, to its intersection with the northerly right-of-way line of Pioneer Trail, said right-of-way line also being the southerly corporate boundary of the City of Port Orange, Florida; thence run westerly, along said corporate boundary, to the westerly corporate boundary of said City of Port Orange; thence run northerly, along said corporate boundary, to its intersection with the aforementioned centerline of Interstate 95; thence run northerly, along said centerline, to its intersection with the centerline of State Road 40; thence run westerly, along said centerline, to its intersection with the westerly corporate boundary of the City of Ormond Beach, Florida; thence run northerly, along said corporate boundary, to the northerly boundary of Volusia County, Florida; thence follow said northerly boundary line to coastline of the Atlantic Ocean and the point of beginning.

Northwest zone.

Those lands, including unincorporated areas, lying within the exterior corporate limits of the City of Pierson, Florida.

Southwest Zone. Those lands lying within the following described boundary:

Beginning at the intersection of the centerline of State Road 415 and the centerline of the St. Johns River, said centerline of river also being the boundary line for Volusia County, Florida; thence run westerly and northerly, along said county boundary line, to its intersection with the northerly corporate boundary of the City of DeBary, Florida; thence run easterly, along said corporate boundary, to its intersection with the westerly corporate boundary of the City of Orange City, Florida; thence run northerly, along said corporate boundary, to its intersection with the centerline of State Road 472, thence run easterly, along said centerline, to its intersection with the centerline of State Road 15/600 (U.S. 17/92); thence run northerly, along said centerline, to its intersection with the corporate boundary of the City of DeLand, Florida; thence run westerly and northerly, following said corporate boundary, to its intersection with the centerline of State Road 15-A; thence run northerly, along said centerline, to its intersection with the centerline of State Road 44; thence run westerly, along said centerline, to its intersection with Hazen Road; thence run northerly, along said Hazen Road, to its intersection with the centerline of Plymouth Avenue; thence continue running northerly, along said Hazen Road, to its intersection with the aforementioned corporate boundary of the City of DeLand; thence run easterly, along said corporate boundary, to its intersection with the aforementioned centerline of State Road 15-A; thence run northerly, along said centerline, to its intersection with the aforementioned corporate boundary of the City of DeLand; thence run westerly and northerly, along said corporate boundary, to its intersection with Greens Dairy Road; thence run easterly, continuing along corporate boundary, to its intersection with the centerline of State Road 15-A; thence run northerly, along said centerline to its intersection with State Road 15 (U.S. 17); thence, from said intersection, run northeasterly, along the centerline of County Road 15-A, to its intersection with State Road 11; thence run southerly, along State Road 11, to its intersection with the northerly corporate boundary of the aforementioned City of DeLand, thence run easterly, along said corporate boundary, to its intersection with Marsh Road; thence run southerly, along said Marsh Road, to its intersection with the aforesaid corporate boundary of the City of DeLand; thence run easterly, along said corporate boundary, to the easterly line thereof; thence run southerly, along said easterly line and the southerly projection thereof, to its intersection with the centerline of State Road 600 (U.S. 92); thence run easterly, along said centerline, to its intersection with the centerline of Kepler Road; thence run southerly, along said centerline, to its intersection with the centerline of aforementioned State Road 44; thence run easterly, along said centerline, to its intersection with County Road 4139; thence run southerly, along said County Road, to its intersection with the aforementioned corporate boundary of the City of DeLand; thence run easterly, along said corporate boundary, to Interstate 4; thence southerly, along said Interstate 4, to its intersection with Summit Avenue (C.R. 4139); thence run southerly, along said Summit Avenue, to its intersection with the corporate boundary of the City of Lake Helen, Florida; thence run easterly, along said corporate boundary, to the easterly line thereof; thence run southerly, along said easterly boundary, to its intersection with Lake Helen/Osteen Road; thence run southerly, along said road, to its intersection with corporate boundary of the City of Deltona, Florida; thence run easterly to the eastern corporate boundary of said City of Deltona; thence run southerly, along said eastern boundary and its southerly projection thereof, to its intersection with the centerline of State Road 415; thence run southerly, along said centerline, to its intersection with the centerline of the aforesaid St. Johns River and the point of beginning.

Recorded subdivisions. Those lands lying within the boundaries of the following recorded subdivisions:

Ridgewood Crossings and Pioneer Trail Reserve.

(Ord. No. 89-22, § 104.00, 5-4-89; Ord. No. 91-29, §§ III—V, 10-17-91; Ord. No. 93-6, 3-4-93; Ord. No. 95-35, § III, 9-7-95; Ord. No. 98-13, § III, 7-23-98; Ord. No. 01-16, § 4, 8-2-01; Ord. No. 2007-01, § I, 2-1-07; Ord. No. 2011-21, § I, 8-18-11; Ord. No. 2012-01, § I, 1-19-12; Ord. No. 2015-05 , § III, 4-16-15)

                    
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