25-002 1 ORDINANCE NO. 25-002
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 AMENDING CODE OF ORDINANCES PART III, "LAND DEVELOPMENT
4 REGULATIONS," CHAPTER 1, "GENERAL ADMINISTRATION," ARTICLE
5 II, "DEFINITIONS," AND CHAPTER 2 ,"LAND DEVELOPMENT PROCESS,"
6 ARTICLE VI, "IMPACT AND SELECTED FEES," SECTION 7, "PALM BEACH
7 COUNTY FEES" AND ESTABLISHING SECTION 10, "MOBILITY FEES;"
8 PROVIDING FOR UPDATE OF DEFINITIONS; PROVIDING FOR REPEAL
9 OF THE COLLECTION OF COUNTY ROAD IMPACT FEES WITHIN THE
10 MOBILITY FEE ASSESSMENT AREA; PROVIDING FOR COLLECTION OF
11 MOBILITY FEES WITHIN THE MOBILITY FEE ASSESSMENT AREA;
12 PROVIDING FOR AUTHORITY; SETTING FORTH GENERAL PROVISIONS
13 FOR MOBILITY FEES, DEFINITIONS, PURPOSE, THE MOBILITY FEE
14 TECHNICAL REPORT, AND RULES OF CONSTRUCTION; PROVIDING FOR
15 IMPOSITION AND A MOBILITY FEE SCHEDULE; PROVIDING FOR
16 ESTABLISHMENT OF A MOBILITY FEE ASSESSMENT AREA; PROVIDING
17 FOR THE PROCESS FOR REVIEW OF ALTERNATIVE AND SPECIAL FEE
18 DETERMINATIONS, CREDITS, ESTABLISHMENT OF A MOBILITY FEE
19 BENEFIT DISTRICT, FUND ACCOUNTS, EXPENDITURES, REFUNDS,
20 EFFECTS ON LAND DEVELOPMENT REGULATIONS, DEVELOPMENT OF
21 AN ADMINISTRATIVE PROCEDURES AND SERVICE CHARGES,
22 REQUIREMENTS FOR ANNUAL REPORTING, REVIEW AND UPDATES,
23 AGREEMENTS, INTERLOCAL AGREEMENTS, VESTED RIGHTS, AND
24 PENALTIES FOR VIOLATIONS; PROVIDING FOR CONFLICTS;
25 PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S
26 ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR
27 MODIFICATIONS; PROVIDING FOR CONFLCTS, SEVERABILITY AND AN
28 EFFECTIVE DATE.
29 WHEREAS, pursuant to Article VIII, Section (1)(g) of the Florida Constitution and
30 Chapter 166, Florida Statutes, the City has broad home rule powers to adopt ordinances
31 to provide for and operate transportation systems, including bicycle lanes, boardwalks,
32 pathways, shared-use paths, sidewalks, trails, transit circulators, mobility hubs, new roads,
33 widen roads, curbless shares streets, walking and streetscape enhancements, multimodal
34 corridors, water taxis, park once environments, programs, services and studies within the
35 City; and
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36 WHEREAS, Palm Beach County currently has an established transportation
37 concurrency and road impact fee system, which has been one part of an overall growth
38 management program as set forth in the City of Boynton Beach Comprehensive Plan; and
39 WHEREAS, the Palm Beach County transportation concurrency and road impact
40 fee system is principally focused on vehicular mobility, whereas a mobility fee system
41 takes a comprehensive view of the provision of mobility through walking, biking, transit,
42 motor vehicles, and new personal mobility technology; and
43 WHEREAS, section 163.3180, Florida Statutes, encourages any local government
44 to develop tools and techniques, including the adoption of long-term strategies to
45 facilitate development patterns that support multimodal solutions, adoption of area-wide
46 service standards that are not dependent on any single road segment function, and
47 establish multimodal service standards that rely primarily on non-vehicular modes of
48 transportation where existing or planned community design will provide an adequate
49 level of personal mobility; and
50 WHEREAS, section 163.3180, Florida Statutes, authorizes any local government to
51 repeal transportation concurrency and encourages the adoption of an alternative
52 transportation system; and
53 WHEREAS, pursuant to section 163.3180, Florida Statutes, the City has developed
54 a Mobility Fee Technical Report with updated Mobility Plan Projects; and
55 WHEREAS, the City of Boynton Beach intends to replace collection of the current
56 Palm Beach County road impact fee with a mobility fee system administered and
57 programmed by the City to be paid by new development within the Mobility Fee
58 Assessment Area consistent with the requirements for alternative transportation systems
59 pursuant with section 163.3180, Florida Statutes;
60 WHEREAS, the mobility fee system focuses on person travel demand, which
61 includes walking, biking, transit, and motor vehicular trips, generated by new
62 development and the resulting impact on the capacity of the transportation system and
63 accordingly requires the expenditure of revenue derived under that system to be used on
64 mobility plan projects that increase person capacity; and
65 WHEREAS, the mobility fee system includes but is not limited to, considerations
66 of the impact of person travel demand generated by new development on the person
67 capacity of the transportation system as well as considerations of the impact of new
68 development on overall mobility in the City; and
69 WHEREAS, the City is experiencing growth and new development that necessitates
70 the addition and expansion of transportation facilities for a variety of modes to meet the
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71 person travel demands of new development, including adequate and efficient mobility
72 projects; and
73 WHEREAS, imposition of a mobility fee requiring new development within the
74 Mobility Fee Assessment Area to contribute its attributable share of the cost of growth-
75 necessitated mobility projects necessary and reasonably related to the public health,
76 safety, and welfare of the people of the City, provided that the mobility fee does not
77 exceed the actual amount necessary to offset the person travel demand on mobility
78 projects generated by new development; and
79 WHEREAS, in 2019, the City Commission of the City of Boynton Beach adopted
80 amendments to the Boynton Beach Comprehensive Plan that provided various goals,
81 objectives, and policies that established the process and framework for the development
82 of a Complete Streets Mobility Plan and Mobility Fee pursuant to section 163.3180, Florida
83 Statutes; and
84 WHEREAS, the City, in its Transportation Element, sets out goals, objectives, and
85 policies to develop and maintain a safe, convenient, efficient transportation system that
86 recognizes present needs, reflects the Future Land Use Plan, and provides for safe,
87 efficient multimodal transportation linkages; and
88 WHEREAS, the City Commission finds that this Ordinance supports and furthers
89 those stated goals, objectives, and policies of the Transportation Element of the
90 Comprehensive Plan as follows:
91 GOAL 2: "To develop and maintain a transportation system which will serve the
92 transportation needs of all sectors of the City of Boynton Beach in a safe, efficient, cost-
93 effective, and aesthetically pleasing manner that promotes multi-modal transportation
94 options, such as walking, bicycling, and transit;"
95 Objective 2.4: "The City shall develop and maintain a safe, convenient, multi-modal
96 transportation system, including walking, bicycling, and public transit, which will meet
97 future as well as current transportation needs, particularly within the TCEA and the CRA;"
98 Policy 2.6.3: "The City may seek to repeal and replace Palm Beach County
99 transportation concurrency, proportionate fair-share, and road impact fees with a Mobility
100 Fee based upon a Complete Streets Mobility Plan. Repeal of Palm Beach County
101 transportation concurrency, proportionate fair-share, and road impact fees will require
102 consultation with Palm Beach County. The City may also apply a Mobility Fee to the city-
103 maintained facilities, repealing City transportation concurrency and proportionate fair-
104 share applicable to local roadways;"
105 Policy 2.6.4: "The Mobility Fee may be implemented and adopted citywide or may
106 be adopted only for specific areas or districts within the City. For each such specific area
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107 or district, an adopted Mobility Fee shall replace both Palm Beach County transportation
108 concurrency, proportionate fair-share and road impact fees and City transportation
109 concurrency and proportionate fair-share;"
110 Policy 2.6.6: "Should the City Commission elect to adopt a Mobility Fee, the City,
111 within one year of adoption of the implementing Ordinance, shall update the
112 Transportation and Capital Improvement Elements of the Comprehensive Plan to reflect
113 the repeal of transportation concurrency, proportionate fair-share and road impact fees
114 and update policies related to level and quality of service standards, complete streets,
115 capacity determinations, backlogged facilities, transportation and associated multi-modal
116 policies and other elements addressed in the Complete Streets Mobility Plan;"
117 Policy 2.6.7: "The Complete Streets Mobility Plan shall include provisions that
118 address mobility between destinations and should address accessibility to, from
119 destinations, and between modes of travel. The improvements in the Plan shall be based
120 upon the expected, anticipated, or desired increase in new development, infill
121 development, and redevelopment by the established horizon year and the associated
122 increase in vehicular and person travel demand. The Complete Streets Mobility Plan shall
123 include quality and level of service standards for all modes of travel;"
124 Policy 2.6.9: "The Complete Streets Mobility Plan may serve as a Master Plan for
125 roads and transit within the City, and also function as a Bicycle, Pedestrian, Trails,
126 Blueways, Greenways and other non-vehicular modes or travel Master Plan;"
127 Policy 2.6.10: "The Complete Streets Mobility Plan may also incorporate provisions
128 for reduced heat island effects and improve air quality through trees and landscaping and
129 to reduce stormwater run-off and water quality through the integration of low impact
130 development techniques, bio-swales, rain gardens and other green techniques that can
131 be incorporated into the planning, design and construction of transportation
132 improvements;"
133 Policy 2.6.11: "The Complete Streets Mobility Plan may include policies related to
134 land use to encourage multi-modal supportive development. The Plan may also include
135 provisions that allow for reduction in development parking requirements in recognition
136 of car and bicycle sharing in complete streets and parking strategies that reduce parking
137 requirements for mixed-use, multi-modal development, and affordable housing;"
138 Policy 2.6.12: "The Mobility Fee would be a one-time assessment on new
139 development or redevelopment that results in an impact to the transportation system
140 through an increase in vehicular trips or vehicular miles of travel or an increase in person
141 trips or person miles of travel. The Mobility Fee, consistent with State Statute, shall be
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142 required to meet the dual rational nexus test and shall be reasonably attributable to the
143 travel demand impact of new development, infill, and redevelopment;"
144 Policy 2.6.13: "The Mobility Fee may include provisions to encourage and
145 incentivize new development, infill, and redevelopment within targeted areas of the City.
146 The Mobility Fee may also include provisions to encourage affordable and workforce
147 housing, mixed-use, multi-modal supportive development, and desired land uses that
148 increase employment and attract economic development;"
149 Policy 2.6.14: "An application for private development may not be required to pay
150 a Mobility Fee and also meet transportation concurrency, proportionate-fair share, and
151 road impact fees to the extent the Mobility Fee address the same facilities and travel
152 demand impacts as would be addressed through the application of transportation
153 concurrency, proportionate-fair share and road impact fees for City and/or County or
154 State maintained facilities;"
155 Policy 2.6.15: "In consideration of a future Complete Streets Mobility Plan, the City
156 may review the Land Development Regulations to consider incentives for and
157 accommodate the needs of compact four-and-two-wheel vehicles (such as hybrids, smart
158 cars, and vespas/scooters, etc.) by assessing the parking requirements and other
159 provisions of the code;" and
160 WHEREAS, the mobility fees imposed hereby (1) are in compliance with the "dual
161 rational nexus test" developed under Florida case law, (2) meet the "essential nexus" and
162 "rough proportionality" requirements established by the United States Supreme Court, in
163 Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard,
164 512 U.S. 374 (1994), (3) are consistent with the requirements set forth in section 163.3180,
165 Florida Statutes, and (4) are consistent with and being imposed in accordance with section
166 163.31801, Florida Statutes; and
167 WHEREAS, the City Council has determined that the proposed Ordinance
168 adopting a mobility fee will help to preserve and enhance the rational nexus between the
169 need for mobility projects to meet the person travel demands generated by new
170 development in the City and the mobility fees imposed on that new development based
171 on mobility plan projects; and
172 WHEREAS, the establishment of a Mobility Fee Assessment Area defines the area
173 within which mobility fees will be assessed and collected, and the Mobility Fee Benefit
174 District defines the area within which mobility fees will be expended, ensuring that a
175 rational nexus is established and maintained between the person travel demand from
176 future development within the Mobility Fee Assessment Area and the funding of mobility
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177 projects within the Mobility Fee Benefit District providing a mobility benefit to the new
178 development for which the mobility fees were paid; and
179 WHEREAS, mobility fees collected will be deposited in the mobility fee fund
180 created for the related mobility fee benefit district established herein and expended for
181 the purposes set forth herein; and
182 WHEREAS, mobility fees imposed hereunder achieve the goals, objectives, and
183 policies of the Comprehensive Plan and utilize the tools and techniques encouraged by
184 section 163.3180, Florida Statutes; and
185 WHEREAS, the City has developed a Mobility Fee Technical Report with updated
186 Mobility Plan Projects dated January 2025 prepared by NUE Urban Concepts, LLC, that
187 provides the technical analysis to determine the mobility fee, based on the updated
188 mobility plan projects on City, County, and State right-of-way within and adjacent to the
189 City, which constitutes a proper factual predicate for imposition and expenditure of the
190 mobility fees; and
191 WHEREAS, the City has determined that the enactment of this Ordinance adopting
192 a mobility fee based on mobility plan projects will help to preserve and enhance the
193 rational nexus between the extraordinary increase in-person travel demands generated
194 by new development in the Mobility Fee Assessment Areas and the mobility fees imposed
195 on that new development to fund mobility projects on City, County, and State right-of-
196 way within and adjacent to the City that address that demand; and
197 WHEREAS, the City Commission has determined, based upon project
198 development time frames, which are often delayed depending upon economic realities,
199 to authorize the refund of collected mobility fees after seven (7) years; and
200 WHEREAS, the City shall assess an administrative service charge and may establish
201 fees, based upon a Study accepted by the City Commission, associated with requests for
202 mobility fee determinations, special assessments and studies, off-sets, and credits, and
203 the administration and implementation, including amendments and updates, to the
204 mobility plan and the mobility fee system, not to exceed actual cost consistent with
205 section 163.3180, Florida Statutes; and
206 WHEREAS, the City shall develop administrative policies and procedures, accepted
207 by the City Commission, for the administration, implementation, and update of the
208 mobility plan and mobility fee to include, but not limited to, assessments, credits,
209 determinations, imposition, off-sets, and studies; and
210 WHEREAS, the mobility fee shall be adjusted annually, based on the most recently
211 published construction cost inflation factor from the most localized available sources, and
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212 the City shall publish the adjusted mobility fees not more than 90 days before the annual
213 adjustment, consistent with section 163.31801, Florida Statutes; and
214 WHEREAS, the City Commission has noticed, advertised, scheduled, and held
215 public hearings in compliance with Florida Statutes on this proposed Ordinance; and
216 WHEREAS, the City Commission has determined that it is advisable and in the
217 public interest to adopt and implement the proposed Mobility Fee Ordinance.
218 NOW THEREFORE, BE IT ORDAINED by the City Commission of the City of
219 Boynton Beach, Florida, that:
220 Section 1. The recitations set forth above are incorporated herein.
221 Section 2. Part III, "Land Development Regulations," Chapter 1, "General
222 Administration," Article II, "Definitions" of the City of Boynton Beach Code of Ordinances
223 is amended as follows:
224 ARTICLE II. DEFINITIONS
225 ...
226 ASSESSMENT AREA — A aeoaraphic area of the city or a specific development pattern
227 where Mobility Fees are assessed for new development.
228 ...
229 BENEFIT DISTRICT — A aeoaraphic area of the city where mobility fees paid by new
230 development are expended on mobility projects.
231 ...
232 COMPLETE STREETS — A transportation policy and desia_n approach that requires
233 multimodal transportation improvements to be planned. designed. operated, and
234 maintained to enable safe, convenient, and comfortable travel and access for users of all
235 aces and abilities regardless of their mode of transportation and to allow for safe travel by
236 those walking, bicycling or using other forms of non-motorized travel. ridina public transit
237 or drivina motor vehicles or low speed electric vehicles.
238 COMPLETE STREETS MOBILITY PLAN — The plan adopted by the City that identifies
239 mobility proiects to meet the person travel demands of new development.
240 ...
241 DEVELOPMENT — A single use or combination of uses, proposed or approved, that may
242 include but not be limited to a single-family subdivision, townhomes, rental apartments,
243 condominiums, public facilities, commercial buildings, shopping centers, or industrial
244 projects, possibly of similar design, constructed as a unified community. Development
245 shall also include the meaning given in F.S. § section 380.04, Florida Statutes, pursuant to
246 a development order or permit. For purposes of mobility fees. development means any
247 new residential and non-residential construction or expansion of buildina(s), lane(s),
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248 structure(s), or any changes in the use of any building(s), structure(s), or land use that will
249 aenerate additional impact on the City's public facilities. See "Flood, Development."
250 ...
251 EASEMENT, SPECIAL PURPOSE —Any easement dedicated in perpetuity to the public or
252 the City, which authorizes a specific use including. but not limited to. the use, installation,
253 construction, operation, maintenance, or repair of City facilities. including transportation,
254 public access, communications, solar, and conservation. This term shall not include utility
255 and/or drainage easements.
256 ...
257 IMPACT—Anv new development that results in an increase in person travel demand above
258 the demand aenerated by the existing use of property.
259 ...
260 MOBILITY — The ability to move people and aoods from an origin to a destination by
261 multiple modes of travel in a timely (speed) manner.
262 MOBILITY FEE — A monetary exaction imposed on new development to fund the most
263 recently adopted mobility plan projects.
264 MOBILITY FEE ASSESSMENT AREA—A aeoaraphic area of the city where mobility fees are
265 assessed on new development at the time of development permit application and paid prior
266 to issuance of the permit.
267 MOBILITY FEE BENEFIT DISTRICT—A aeoaraphic area where mobility fees paid by future
268 development are expended on multimodal projects identified in the Complete Streets
269 Master Plan.
270 MOBILITY FEE EXPENSE — Expenses include: (a) the repayment of principal and interest or
271 any redemption premium for loans, advances, bonds, bond anticipation notes. and any other
272 form of indebtedness then outstanding consistent with statutory allowances and used to
273 advance mobility projects identified in the Mobility Plan: (b) reasonable administrative and
274 overhead expenses necessary or incidental to expanding and improving mobility projects;
275 (c) crosswalks, traffic control and crossina warning devices, landscape.trees, multimodal way
276 finding, irrigation, hardscape. and lighting related to projects; (d) micromobilitv devices,
277 microtransit vehicles, programs and services. (e) mobility hubs, transit circulators, facilities,
278 programs, shuttles, services and vehicles: (f) reasonable expenses for enaineerina studies,
279 stormwater reports, soil borings, tests, surveys, construction plans, and legal and other
280 professional advice or financial analysis relating to projects: (a) the acquisition of richt-of-
281 way and easements for the improvements, including the costs incurred in connection with
282 the exercise of eminent domain: (h) the clearance and preparation of any site, including the
283 demolition of structures on the site and relocation of utilities: (i) floodplain compensation,
284 wetland mitigation and stormwater management facilities: (i) all expenses incidental to or
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285 connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond
286 anticipation notes, or other forms of indebtedness, including funding of any reserve.
287 redemption, or other fund or account provided for in the ordinance or resolution authorizing
288 such bonds, notes, or other form of indebtedness consistent with statutory allowances and
289 used to advance mobility projects identified in the Mobility Plan; (k) reasonable costs of
290 planning, design, enciineering, and construction, including mobilization, maintenance of
291 traffic during construction and CEI (construction enaineerina and inspection) services of
292 mobility projects, (I) city administration, implementation updates to the mobility plan and
293 mobility fee, including any analysis, assessments, counts, data collection, plans, programs or
294 studies needed for mobility projects, (m), local match for federal, state and county funded
295 projects.
296 MOBILITY FEE OFF-SET — the equivalent amount of a mobility fee associated with an
297 existing use of a building that is being redeveloped or where a chance of occupancy or use
298 is requested. The equivalent mobility fee shall be based on the current use of the building
299 or the most recent use of the building for a vacant building. l Jnon demolition of a hiaildina.
300 offsets shall be available for the period of time specified in the implementing ordinance from
301 the date of demolition unless otherwise provided for in a written agreement with the City.
302 MOBILITY FEE TECHNICAL REPORT — The City of Boynton Beach Mobility Fee Technical
303 Report with Updated Mobility Plan Projects dated January 2025,that documents the analysis,
304 data, and methodology used to develop a mobility fee, as may be amended from time to
305 time, and is adopted pursuant to an implementing ordinance which authorizes imposition
306 of the mobility fee.
307 MOBILITY PLAN — The Streets Plan, Multimodal Corridors Plan, Transit Plan, and Mobility
308 Plan Programs included in the City of Boynton Beach Mobility Fee Technical report dated
309 January 2025, as may be amended from time to time, or updates to the City's Complete
310 Street Mobility Plan, to meet future person travel demand and serves as the basis for the
311 City's Mobility Fee.
312 MOBILITY PLAN PROGRAM —The mobility initiatives, plans, services, and studies that the
313 City will undertake to implement the Mobility Plan that are not defined mobility projects and
314 may be funded by mobility fees.
315 MOBILITY PLAN PROJECT — Corridor and intersection improvements such as bike lanes,
316 buffered bike lanes, protected bike lanes, intersections, interchanges, landscape, shared-use
317 paths, boardwalks, pedestrian overpasses or underpasses, roads, roundabouts, sidewalks,
318 streets, and streetscape. Mobility plan projects also include policies. programs and services,
319 wavfindina, micromobility devices, and transit vehicles, lanes, stops, and facilities, along with
320 mobility hubs. Projects can include new or additional road travel lanes and turn lanes.
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321 uaarade of roads that results in a chance in functional classification of the road, complete
322 and low speed streets, curbless shared streets, new or upgraded traffic signals, traffic
323 synchronization, mobilization, maintenance of traffic, survey, aeotechnical and enaineerina,
324 utilities, construction, PD&E, planning, enaineerina and inspection, utility relocation, right-
325 of-way, easements, land acauisition, stormwater management facilities. These projects may
326 also be referred to as mobility projects, multimodal projects, or projects in the Mobility Fee
327 Technical Report and Mobility Fee Ordinance.
328 ...
329 MULTI-FAMILY RESIDENTIAL SQUARE FEET — The sum of the area (in square feet) of
330 each building measured from the exterior surface of the exterior walls. This includes
331 common areas, lobbies, leasing offices, and residential amenities not accessible to the
332 public. Retail or office sauare footage leased to a third party would pay the applicable
333 mobility fee rate. Square footage does not include parking garages or structures.
334 ...
335 NON-RESIDENTIAL SQUARE FEET — The sum of the gross floor area (in square feet) of
336 the area of each floor level under cover, including cellars, basements, mezzanines,
337 penthouses, corridors, lobbies, stores, and offices, that are within the principal outside
338 faces of exterior walls, not including architectural setbacks or projections. Included are all
339 areas that have floor surfaces with clear standing head room (six feet six inches, minimum)
340 and are used as part of the primary use of the property. If an area within or adjacent to
341 the principal outside faces of the exterior walls is not enclosed, such as outdoor restaurant
342 seatina, areas used for storage of aoods and materials, or merchandise display, and is
343 determined to be a part of the primary use of property, this cross floor area is considered
344 part of the overall square footage of the buildina. Areas for parking, circulation, ingress,.
345 egress, buffers, conservation, walkways, landscape, stormwater management, and
346 easements or areas granted for transit stops or multimodal parking are not included in
347 the calculation of square feet.
348 ...
349 PERSON MILES OF CAPACITY (PMC) — The number of persons' "capacity" that can be
350 accommodated, at a determined standard, on a facility while walking, bicycling, riding_
351 transit, driving, or using a mobility-assisted device over a defined distance.
352 PERSON MILES OF TRAVEL (PMT) —A unit used to measure person travel made by one
353 person where each mile traveled is counted as one person mile. PMT is calculated by
354 multiplying person trip lenath by the number of person trips. The increase in future person
355 miles of travel is used to plan mobility project needs that form the basis for a mobility fee.
356 PERSON TRAVEL DEMAND (PTD) — The travel demand from new development based
357 on trip generation, the percentage of new trips, vehicle trip lenaths, limited access travel,
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358 origin-destination factors, vehicle miles of travel, and person miles of travel factors. The
359 resulting mobility fees are roughly proportional to the person travel demand per use and
360 assessment area provided on the mobility fee schedule.
361 PERSON TRIP — a trip by one person by one or more modes of travel including, but not
362 limited to, driving a motor vehicle or low speed electric vehicle. riding transit, walking,
363 bicycling, or form of person powered, electric Dowered, or gasoline powered device.
364 ...
365 SINGLE-FAMILY RESIDENTIAL SQUARE FEET — the sum of the area (in square feet) of
366 each dwelling unit measured from the exterior surface of the exterior walls.
367 ...
368 TRANSPORTATION SYSTEM — The richt-of-way.. easements, roads, streets, alleyways,
369 curb-cuts, traffic control devices, stormwater management facilities, utilities, and
370 multimodal facilities that allow for circulation, mobility, and parking within the City and
371 accessibility to land uses, property, and modes of transportation within the City.
372 ...
373 VEHICLE MILES OF TRAVEL (VMT) —A unit to measure vehicle travel made by a private
374 motor vehicle, such as an automobile, van, pickup truck. or motorcycle, where each mile
375 traveled is counted as one vehicle mile regardless of the number of persons in the vehicle.
376 VMT is calculated by multiplying the length of a road segment by the total number of
377 vehicles on that road segment.
378 VEHICLE TRIP—a single motor vehicle, regardless of the number of persons in the motor
379 vehicle.
380 ...
381 Section 3. Part III, "Land Development Regulations," Chapter 2, "Impact and
382 Selected Fees," Article VI, "Impact and Selected Fees," Section 7, "Palm Beach County
383 Fees" of the City of Boynton Beach Code of Ordinances is amended as follows:
384 Sec. 7. Palm Beach County Fees.
385 Palm Beach County ordinances require that certain impact fees be paid concurrent with
386 development activities and collectible prior to the issuance of certain permitting fees.
387 Developers in Boynton Beach shall pay such fees in accordance with Palm Beach County
388 ordinances, except for road impact fees within the Mobility Fee Assessment Area.
389 Developers within the Mobility Fee Assessment Area shall pay mobility fees to the City as
390 a replacement for County Road impact fees in accordance with Chapter 2. Article VI,
391 Section 10.
392 Section 4. Part III, "Land Development Regulations," Chapter 2, "Impact and
393 Selected Fees," Article VI, "Impact and Selected Fees," Section 10, "Mobility Fees" of the
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394 City of Boynton Beach Code of Ordinances is established as follows:
395 Sec. 10. Mobility Fees
396 A. General.
397 1. Purpose and Intent. This section is intended to impose a mobility fee, assessed
398 at application for a development permit for new development that results in an increase
399 in person travel demand and to be paid to the City prior to issuance of the development
400 permit, in an amount based upon the person travel demand attributable to new
401 development and the cost of providing the person miles of capacity needed to serve such
402 person travel demand. This section shall not be construed to authorize the imposition of
403 mobility fees related to mobility proiect needs attributable to existing development.
404 2. Pro Rata Share. This section is intended to allow new development in compliance
405 with the comprehensive plan to share in the burdens of growth. New development shares
406 in this burden by paying a pro rata share of the reasonably anticipated costs of mobility
407 proiects needed to accommodate the person travel demands created by new
408 development, as well as by complying with other appropriate development order
409 conditions.
410 3. Technical Report.Towards this end. mobility fees are based upon the calculation
411 methodology incorporated in the "City of Boynton Beach Mobility Fee Technical Report
412 with Updated Mobility Plan Proiects" dated January 2025. approved by Resolution No. 25-
413 036, as may be amended from time to time.
414 4. Applicability. A mobility fee is hereby imposed on new development within the
415 Mobility Fee Assessment Area that results in an increase in person travel demand above
416 and beyond the current use of property in accordance with Section 10. C. of this Article.
417 The limits of the Mobility Fee Assessment Area are delineated in the Mobility Fee
418 Technical Report. The general limits of the Assessment Area consist of all areas of the City
419 east of Interstate 95 and portions of the City west of Interstate 95 with a western boundary
420 that meanders and parallels Congress Avenue.
421 5. Benefit District. To ensure adherence with the benefits requirement of the dual
422 rational nexus test, a Mobility Fee Benefit District has been established and is delineated
423 in the Mobility Fee Technical Report. In recognition that person travel does not always
424 end at city limits, but the Mobility Fee Benefit District extends beyond city limits. The
425 general limits of the Benefit District consist of the northern boundary formed by Hypoluxo
426 Road from US Hwy 1 to Military Trail, the eastern boundary is formed by portions of US
427 Hwy 1, the Intercoastal, and the Atlantic Ocean, the southern boundary is formed by city
428 limits and the L 30 Canal from the Intercoastal to Military Trail. and the western boundary
429 is formed by Military Trail.
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430 6. Terms and Definitions. See Chapter 1. Article II or the Mobility Fee Technical
431 Report for the terms and definitions associated with mobility fees. Definitions provided in
432 Chapter 1, Article II shall control over the Technical Report as it relates to mobility fees.
433 7. Waiver. Any request to waive a mobility fee shall be in accordance with the City
434 Code of Ordinances Part II, Chapter 8, Economic Development, Section 8-1.
435 B. Adoption of Mobility Fee Technical Report. The report entitled "City of
436 Boynton Beach Mobility Fee Technical Report with Updated Mobility Plan Proiects dated
437 January 2025," approved by Resolution No. 25-036. as may be amended from time to time,.
438 is hereby adopted. This adoption includes but is not limited to, the following: the mobility
439 plan projects included in the Technical Report. the basis of the assumptions, conclusions,
440 and findinas in such report as to the basis of the mobility fee, the methodoloav to
441 calculate the mobility fee, and detailed methodoloav supportina the City of Boynton
442 Beach mobility fees consistent with the mobility plan projects included in the Technical
443 Report. The Technical Report consists of maps identifvina mobility plan projects for future
444 consideration, tables identifvina specific mobility projects reflected on the maps, and
445 mobility projects consisting of services and proarams not reflected on the maps, such as
446 mobility proarams. The Technical Report shall be maintained and made available by the
447 City upon request.
448 C. Mobility Fee Imposition. The mobility fee imposed by this section shall apply
449 to new applications for development permits submitted on or after May 20, 2025, for
450 future development that results in an increase in person travel demand above and beyond
451 the current use of property.
452 1. Exclusion. This section shall not be imposed on following permits:
453 a. No Increase in Demand. Room additions, remodelina, rehabilitation, or
454 other improvements to an existina structure. provided there is no increase in person trips
455 or person travel demand and no increase in square footaae for non-residential uses and
456 no increase in the number of dwellina units for residential uses:
457 b. Improvements for Mobility Impaired Persons. Room additions. remodelina:
458 rehabilitation, or other improvements to an existina structure. provided there is a
459 demonstration the chances are needed to an existing residence to accommodate a
460 mobility impaired person or home care that requires additional space to live or recover
461 for medical reasons;
462 c. Rebuildina of Structure. Rebuildina of a damaaed or destroyed structure,
463 whether voluntary or involuntary. provided there is no increase in the intensity of use or
464 no increase in square footaae for non-residential uses and no increase in the number of
465 dwellina units for residential uses:
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466 d. Chance in Use. A chance in use that does not generate additional person
467 trips or person travel demand or any increase in square footage for non-residential uses
468 or increase in the number of dwelling units for residential uses: or
469 e. Accessory Structures. Accessory buildings that do not result in an increase
470 in person trips or person travel demand will be exempt from the fee (e.a., detached
471 a_araa_es, sheds, parking structures, covered parking).
472 2. Imposition. There is hereby imposed upon all new development that results
473 in an increase in person travel demand above and beyond the current use of land, a
474 mobility fee assessed at the time of development permit application and due prior to the
475 issuance of the development permit. No development permit shall be issued until said
476 mobility fee shall have been paid except as otherwise herein provided. Mobility fees are
477 assessed at the mobility fee rate in effect at the time of development permit application.
478 If the development permit is for less than the entire contemplated development. the fee
479 shall be computed for the amount of development covered by the development permit.
480 The obligations for payment of mobility fees shall run with the land.
481 a. Attributable Travel. The mobility fee is calculated based on the person travel
482 demand attributable to the uses included in the mobility fee schedule.
483 b. Increase in Demand. Additionally, the mobility fee will be imposed for any
484 structure that is altered, expanded, replaced, or has a change in use that results in an
485 increase in person travel demand above and beyond the existing use of land.
486 c. Proportionate Share. Any developer. who, prior to the effective date for
487 mobility fees, paid City proportionate share may be eligible for a pro-rata credit.
488 Administrate procedures shall detail the requirements for a proportionate share credit
489 agreement and said agreement shall be required prior to issuance or utilization of any
490 credit. The credit shall also be adiusted to account for service charges or payment of the
491 service charges based on the amount of credit provided.
492 d. Chance in Size or Use. If the person travel demand increases due to a
493 chance in size or use, the mobility fee assessed shall be the incremental difference
494 resulting from the alteration, expansion, replacement, or change in use as determined by
495 the uses in the mobility fee schedule. less the mobility fee that would be imposed based,
496 on the existing use prior to the alteration, expansion, or replacement.
497 e. Reduction in Impact. If there is a change in use that results in a decrease in
498 person travel demand generated by the previously allowed use, the applicant shall not be
499 entitled to a refund or credit.
500 f. Abandoned Use. A structure or use of land that is inactive and has been
501 abandoned for a period of more than three (3) years shall not be considered an existing
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502 or active use for purposes of calculating mobility fee off-sets. The mobility plan and
503 mobility fee are to be updated every three (3) years, and person travel demand is
504 measured on a yearly basis. Therefore, person travel associated with the use is no longer
505 captured in collected data travel demand, which is used to plan for future needed mobility
506 projects. The City shall be required to document its findinas and provide evidence the use
507 or structure has been vacant for more than three (3) years. The applicant would be
508 required to document and provide evidence that the City finding was not accurate if a
509 request for a mobility fee is requested, and the City has found that the use was vacant
510 more than three (3) years.
511 a. Prior Mitigation. For uses and structures considered to be active, any
512 previous payment of proportionate share, mobility fees, or road impact fees under this
513 section may be credited aaainst the appropriate mobility fees owed because of a chance
514 of use or reestablishing a use of land or structure that has been vacant is not considered
515 abandoned.
516 h. Request for Credit or Off-Set. Any request for credit or offsets of a mobility
517 fee shall be made prior to the submittal of a development permit application and shall be
518 resolved prior to issuance of a development permit unless otherwise stated in a written
519 agreement per the applicant and the City per the requirements detailed in the
520 administrative procedures. Any credits or off-sets not so claimed shall be deemed waived
521 by the fee paver.
522 D. Mobility Fee Schedule. Any person who shall initiate any new impact
523 generating land development activity, except as otherwise provided for herein, shall Day
524 a mobility fee, based on the applicable assessment area established in the mobility plan
525 and mobility fee technical report, as set forth in the following Mobility Fee Schedule:
Mobility Fee Schedule
Use Categories, Use Classifications, and Representative Uses Mobility
Fee
Residential Uses per sa. ft., unless otherwise indicated
Single-Family Residential Dwelling (Attached, Detached, Duplex, Accessory
$2.25
Dwelling, Townhouse) 1
Multi-Family Residential Dwelling (Apartment, Condo, 3 or more Attached $3.31
Dwellings, Dormitory) 2
Mobile Residence (Mobile Home (MH), Recreational Vehicle (RV), MH
and/or RV Park) 3 per space or lot $3,059
Institutional per sa. ft.
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Community Servina (Civic Club, Gallery, Museum, Performance Venues, $3.70
Place of Assembly or Worship)
Group Home (Assisted Livina, Care or Recovery Homes, Conareaate Livina
$3.66
Facility, Nursina Home)
Private Education (Afterschool, Family Day Care, K-12, Pre-K. Trade School,
Tutor) $7'93
Commercial Recreational Uses 'per sa. ft., unless otherwise indicated
Marina (wet berths, dry slips, ancillary repair, yacht club) per berth $3,168
Entertainment, Outdoor (Amusement, Golf, Multi-Purpose, Recreation,
Sports, Tennis) per acre $28,850
Entertainment. Indoor (Amusement Arcade, Exercise Studio. Fitness, Gym, $16.34
Health, Indoor Sports, Recreation)
Industrial Uses per sa. ft.
Industrial (Assembly, Brewery, Development and Testina, Distribution and
Processing, Microbrewina, Trades, Utilities $2'95
Commercial Storaae (Boat /Vehicle, Junk /Salvaae Yard, Recv clina / Waste $1.18
Management, Open, Self-Service, Warehouse) 5
Office Uses per sa. ft.
Office (Administrative, Business, Hospital, Post Secondary Education,
Professional. Real Estate) $5.89
Medical or Dental Office (Clinic, Dental, Health Service, Laboratory,.
$14.78
Professional Care, Emeraencv Care. Rehab, Veterinary)
Retail Uses per sa. ft.
Retail (Auto / Boat Rental or Sales, New or Used Merchandise. Personal or
Pet Care, Sales, Services, Stores) 6 $7'92
High Impact Retail (Alcoholic Beverages. Banks, Grocery Store, Pharmacy & $17.24
Drua Store, Sit-Down Restaurant) 7
Convenience Retail (Convenience Store. Fast Food Restaurant. Gasoline $41.38
Station) '
Non-Residential Uses per applicable unit of measure 8
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Auto / Boat / Car Wash (Automated. Cleanina, Dry, Detailina, Polishina. Self- $16,134
Serve, Vacuum, Wash, Wax) 9 per lane or stall plus per five (5) Stations
Auto Charaina or Fuelina (Commercial Facility which requires Membership $14,039
or Payment) 1° per charaina or fuelina position
Auto or Boat Repair / Service (Brakes, Install, Maintenance. Maior, Minor, $8,580
Quick Lube, Repair, Tint, Tires) 11
$20,661
Bank or Financial Drive-Thru Lane or Free-Standina ATM 12 per lane or ATM
Fast Food or Ouick Service Restaurant Drive Thru 13 per lane $37,215
Overniaht Lodaina (B&B. Condo Hotel, Hotel, Motel, Short-term Rental, $4,108
Transient) 3 per room
Retail Drive-Thru (Dry Cleaner. Dollar Store, Grocery Store, Pharmacy & $18,288
Drua Store, Retail) 14 per lane
Mobility Fee Schedule Footnotes
1 Sinale-Familv Residential Square Feet is the sum of the area (in square feet) of each
dwellina unit measured from the exterior surface of the exterior walls.
2 Multi-Family Residential Square Feet is the sum of the area (in square feet) of each
buildina measured from the exterior surface of the exterior walls. This includes common
areas, lobbies, leasina offices, and residential amenities not accessible to the public.
Retail or office square footaae leased to a third-party would pay the applicable mobility
fee rate. Square footage does not include parkina aaraaes or structures.
3 Any retail, office, or non-residential square footaae that is leased to a third-party use
to provides drinks, food, aoods, or services to the public shall be required to pay the
applicable mobility fee per the individual uses identified in the mobility fee schedule.
4 For Commercial Recreational Uses that feature both indoor facilities and outdoor
recreation, the indoor shall be based on the indoor mobility fee rate, the outdoor shall
be made on the outdoor rate, any other uses shall pay the applicable mobility fee for
the land use.
5 Acreaae for any unenclosed material and vehicle storaae, includina but not limited to
boats, commercial vehicles, recreational vehicles (RV). and trailers. sales and display shall
be converted to square footaae.
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6 Retail includes all uses that do not fall under Hiah Impact or Convenience Retail and
generate less than 75 daily trips per 1,000 sa. ft. per the latest ITE Generation Manual
or alternative study.
7 Hiah Impact Retail includes banks, pharmacies, sit down restaurants (non-fast food),.
arocery stores, supermarkets, beer, liquor, package, wine and spirits stores, bars..
nightclubs, lounges. These uses generate between 75 and 250 daily trips per 1,000 sa.
ft. per the latest ITE Generation Manual or alternative study. Convenience Retail
includes convenience stores, aas stations, service stations, coffee, donut, sandwich, food
and beverage that would be considered fast food or quick service restaurants. These
uses generate between more than 250 daily trips per 1,000 sa. ft. per the latest ITE
Generation Manual or alternative study.
8 Non-residential uses are assessed applicable mobility fees per unit of measure in
addition to the mobility fee assessed with the sauare footage of the buildina.
9 Auto / Boat / Car Wash shall mean any car wash, wax, or detail where a third party or
automatic system performs the cleaning service. Mobility Fees are assessed per bay or
stall, plus per five (5) finishing stations. See definition for further detail. The applicable
mobility fee rate would also be assessed for any additional building square footaae
under retail uses.
'o Auto Charging or Fueling per position apply to a convenience store. aas station,
general store, arocery store, supermarket, superstore, variety store, wholesale club or
service stations with charaina stations or fuel pumps. In addition, there shall be a
separate mobility fee for the square footage of any retail building per the applicable
mobility fee rate under retail uses. The number of charaina or fueling positions is based
on the maximum number of vehicles that could be charged or fueled at one time. Non-
commercial vehicle charaina stations associated with residential or non-residential uses
that are required by the City or are provided by the owner as an amenity and not a
commercial purpose shall not be assessed a mobility fee.
11 Auto or Boat Repair/Service includes maintenance, repair, and servicing of motor
vehicles. Mobility Fees are assessed per bay or stall. plus a retail rate associated with
any additional building sq. ft. under retail uses for waiting areas, parts, and sales.
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12 Banks shall pay the Hiah Impact Retail rate for the square footage of the building
under the retail use category. Drive-thru lanes, Free Standing ATM's and Drive-thru
lanes with ATM's are assessed a separate fee per lane or per ATM and are added to any
mobility fee associated with a bank building. The free-standina ATM is for an ATM only
and not an ATM within or part of another non-financial building, such as an ATM within
a arocery store.
13Anv drive-thru associated with a fast food restaurant will be an additive fee in addition
to the applicable Convenience Retail mobility fee per square foot of the building. The
number of drive-thru lanes will be based on the number of lanes present when an
individual places an order or picks up an order, whichever is greater.
14 Any drive-thru associated with a Retail or Hiah Impact retail use will be assessed an
additive mobility fee in addition to the applicable retail use mobility fee rate per square
foot of the building. The number of drive-thru lanes shall be based on the total number
of lanes available for either pick-up, drop-off. or placement of an order for goods or
services.
526
527 E. Mobility fee determination.
528 1. Determination. The mobility fee shall be determined using the land use
529 classifications in the mobility fee schedule pursuant to Section 10.D. Mobility Fee Schedule
530 of this Article.
531 2. Closest use determination. In the event a project involves a use not
532 contemplated under the mobility fee land use classifications in Section 10.D. Mobility Fee
533 Schedule, the Planning and Zoning Director or their designee shall determine the mobility
534 fee utilizing the closest land use classifications in the Technical Report approved by
535 Resolution No. 25-036 and the administrative manual.
536 3. Mixed-use. In the event of a development that involves a mixed-use project,
537 the mobility fee administrator shall determine the mobility fee based on each separate
538 mobility fee land use classification included in the proposed mixed-use project.
539 4. Assessment. The mobility fee will be determined using the appropriate use
540 category, land use classification, assessment rate. and rate established pursuant to Section
541 10.D. of this Article.
542 F. Alternative Determination.
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543 Alternative mobility fee or special mobility fee determinations may be authorized. In the
544 event an applicant believes that the cost to mitigate the impact of the development of
545 improvements needed to serve the applicant's proposed development is less than the fee
546 established in this Section, the applicant may request consideration of and submit an
547 alternative mobility fee or special mobility fee determination request, along with an
548 application and review fee as determined by the City and support materials to
549 substantiate the request to the mobility fee administrator pursuant to the provisions of
550 this section.If the mobility fee administrator finds that the data, information, assumptions,
551 formulae, and methodoloav used by the applicant to calculate the alternative mobility fee
552 or special mobility fee satisfy the reauirements of this section, the alternative mobility fee
553 or special mobility fee shall be deemed the mobility fee due and minafor the proposed
554 development.
555 1. Calculation of Fee. The mobility fee administrator is responsible for
556 calculating mobility fees in accordance with the provisions of this Section. If an applicant
557 believes project impacts are lower than justified by the findinas of this Section, or believes
558 the proposed use is incorrectly assigned as identified in the mobility fee schedule, or that
559 the assumptions that derive the mobility fee are not applicable to a specific proposed
560 land use, an adjustment to the fees may be requested alona with an application and
561 review fee. The mobility fee administrator shall determine whether the request shall be
562 reviewed as either an alternative mobility fee determination or a special mobility fee
563 determination, based upon the impact of the proposed use on the multimodal
564 transportation system. The process for reviewina alternative mobility fee determinations
565 is listed below in Section 10.F of this Article The process for special mobility fee
566 determinations for minor projects with sia_nificantly less impacts is found in Section 10.F
567 of this Article.
568 2. Alternative Mobility Fee Determination.
569 a. The alternative mobility fee determination shall be based on data,
570 information, assumptions, formulae, and methodology contained in this Article and the
571 mobility fee study referred to in Section 10.13 of this Article herein, or independent sources,
572 provided that:
573 (1). The independent source is an accepted standard source of transportation
574 enaineerina or plannina data or information; or
575 (2). The independent source is a local study carried out by a qualified planner
576 or enaineer pursuant to an accepted methodoloav of plannina or enaineerina; or
577 (3). Where different data, information, assumptions. formulae, or methodoloav
578 are employed, such differences shall be specially identified and justified.
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579 b. An alternative mobility fee calculation shall be undertaken through the
580 submission of an application for review of an alternative mobility fee determination for
581 the mobility fee component for which an alternative mobility fee calculation is requested.
582 A developer shall submit such an application prior to the submittal of a building or special
583 use permit application or as otherwise agreed to in the Mobility Fee. The City may submit
584 such an application for any proposed land development activity for which it concludes
585 the nature, timing, or location of the proposed development makes it likely to generate
586 impacts costing substantially more to remedy than the amount of the fee that would be
587 generated by the use of the Mobility Fee Schedule in Section 10.D.
588 c. Within twenty (20) days of receipt of an application for review of an
589 alternative mobility fee determination, the mobility fee administrator, shall determine if
590 the application is complete. If the mobility fee administrator determines that the
591 application is not complete, a written statement specifying the deficiencies shall be sent
592 to the applicant. The application shall be deemed complete if no deficiencies are specified.
593 The mobility fee administrator shall take no further action on the application until it is
594 deemed complete.
595 d. When the mobility fee administrator determines the application is complete,
596 it shall be reviewed, and a written decision shall be rendered in thirty (30) days on whether
597 the mobility fee should be modified and, if so, what the amount should be.
598 e. If the mobility fee administrator finds that the data, information,
599 assumptions, formulae, and methodology used by the applicant to compute the
600 alternative mobility fee calculation satisfies the requirements of this Article, the re-
601 determined mobility fee shall be deemed the mobility fee due, and owing for the
602 proposed land development activity. This adiustment in the fee shall be set forth in a
603 mobility fee agreement which shall be entered into pursuant to Sections 10.H,
604 Presumption, Agreements, and Security Requirements.
605 f. A determination by the mobility fee administrator that the alternative
606 mobility fee re-determination does not satisfy the requirements of this Article may be
607 appealed to the City Commission.
608 a. The applicant shall be responsible for the full costs that the City may incur
609 to review the alternative mobility fee data and methodology, which may include
610 consultant and legal costs. Payment will be due at the time of the request for the
611 alternative calculations.
612 h. An applicant who submits a proposed alternative mobility fee pursuant to
613 this section and desires the issuance of a building permit or special use permit prior to
614 the resolution of the pending alternative mobility fee shall pay the applicable mobility fee
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615 prior to, or at the time said applicant desires the building permit. Said payment shall be
616 deemed paid "under protest" and shall not be construed as a waiver of any rights. Any
617 difference in the amount of the mobility fee after the determination of the pending
618 alternative mobility fee shall be refunded to the applicant.
619 3. Special Mobility Fee Determination. An applicant may request a special
620 mobility fee determination for smaller. less intense projects when data and information
621 are presented that substantiates that a project has unique characteristics other than those
622 upon which the mobility fee calculation was based. It is the applicant's responsibility to
623 submit adequate justification and support data to substantiate a lower impact to the
624 mobility fee administrator. The mobility fee administrator may review the request and ask
625 for additional information. The applicant is responsible for additional costs that the City
626 may incur to review these special requests, including consultant and legal costs. Payment
627 will be due at the time of request for the determination.
628 G. Reserved.
629 H. Reserved.
630 I. Mobility Fee Credits.
631 1. Capital Improvements Program. Only mobility projects included in the
632 capital improvements program are eligible for mobility fee credits. except as provided for
633 in Section 10.1. An applicant may request that the City Commission add mobility projects
634 to the capital improvements program. The mobility projects requested for inclusion in
635 the capital improvements program shall be based upon the mobility plan. The
636 administrative manual shall detail the information required to request mobility projects
637 be added to the capital improvements program for purposes of establishing mobility fee
638 credits.
639 2. Adopted Plans. Mobility projects included in plans adopted by the City
640 Commission, a Community Redevelopment Agency, the Palm Beach County
641 Transportation PlanningAaencv (TPA), the Florida Department of Transportation (FDOT),
642 Palm Beach County, a Transit Authority, a State of Florida Department. the Treasure Coast
643 Regional Planning Council. or other governmental entity or utility provider may be
644 considered for credit eligibility_ if the mobility fee administrator, in consultation with the
645 City's Planning and Public Works Department. determines the mobility project
646 implements the mobility goals of the Comprehensive Plan. The administrative procedures
647 shall detail the information required to request consideration for multimodal projects
648 identified in an adopted plan for purposes of establishing mobility fee credits.
649 3. Development Orders or Permits. An applicant may request mobility fee
650 credit against any mobility fee assessed pursuant to Section 10.D. in an amount equal to
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651 the cost of mobility projects or contributions of land. money or services for multimodal
652 projects contributed or previously contributed, paid for or committed to by the applicant
653 or his predecessor in interest where the mobility project is a condition of a development
654 order or permit. The administrative procedures shall detail the information required to
655 request establishing mobility fee credits for off-site multimodal projects or the upgrade
656 of on-site mobility projects in excess of plan or code requirements pursuant to Section
657 10.I. of this Article that are a condition of a development order or permits issued by the
658 City, County, or FDOT, or requested by the City Engineer, that increase person capacity
659 above and beyond that needed to serve the new development may request credit.
660 Mobility fee agreements pursuant to Section 10.H.. shall be required.
661 4. Plan and Code Requirements. Mobility projects required to meet minimum
662 Comprehensive Plan and Land Development Code requirements are not eligible for any
663 mobility fee credit. Site access improvements for turn lanes. sidewalks, bike lanes, paths,
664 trails, mobility hubs, round-a-bouts. or traffic signals internal to the development, along
665 the adiacent boundary of the development, at development entrances. or immediately
666 adiacent to the development and considered site-related are not eligible for any credit,
667 except as provided for in Section 10.J. of this Article.
668 5. Amount of Mobility Fee Credit.The amount of developer contribution credit
669 to be applied to the mobility fee shall be determined according to the following standards
670 of valuation:
671 a. The appraised fair market land value of the contributed parcel as of the date
672 of building permit, agreement to contribute, or contribution. whichever is earlier. The
673 administrative manual shall detail requirements for Qualifications of appraisers and
674 establish a process if the City disagrees with the appraised value. No credit should be
675 granted pursuant to this section unless the cost of the improvements or dedication of
676 land were paid for and the contributions made within the last three (31 years; and
677 b. The cost of mobility projects shall be based upon documentation certified
678 by a professional engineer or registered planner. and such documentation shall be
679 reviewed and approved by the City Engineer. The City reserves the riaht to require the
680 developer to competitively bid in accordance with the City Code. in which case the credit
681 shall be limited to the actual cost or 100 percent of the lowest responsible bid amount,
682 whichever is less. All bidders shall be qualified to construct the multimodal projects. The
683 administrative manual shall provide additional detail on the types of documentation to
684 be provided and detail the cost components of multimodal projects that may be eligible
685 for credit; and
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686 c. The administrative manual shall detail additional requirements for mobility
687 fee credit documentation and the options available and process for any excess mobility
688 fee credit.
689 6. Transfer of Mobility Fee Credit. Credit for contributions, payments,
690 construction, or dedications of a mobility fee shall not be transferable to another property
691 where a mobility fee is imposed, unless provided for in a developer agreement, mobility
692 fee aareement, or as provided for in Florida Statute. Credit shall first be used for the full
693 development potential of the land development activity for which a development order
694 was approved before any excess credit can be considered for transfer to another property.
695 The establishment, tracking and agreement to allow credit transfer shall be consistent
696 with the processes and requirements detailed in the administrative procedures or as
697 specified in a developer agreement or mobility fee agreement.
698 J. Mobility Fee Benefit District.
699 1. Intent. The establishment of mobility fee benefit district is the best method
700 of ensurina that the mobility fees paid by new development provide a benefit to the new
701 development which paid the mobility fees as required in the benefits test of the dual
702 rational nexus test.
703 2. Expenditure. The mobility fee benefit district provides a clearly defined
704 boundary for the expenditure of mobility fee revenue. Using the mobility fee benefit
705 district ensures that funds paid by new development are spent on multimodal projects to
706 accommodate person travel demand within the benefit district, providing a reasonable
707 nexus between the expenditure of mobility fee revenue and the development for which
708 the mobility fees are paid.
709 3. Establishment.The extent of the mobility fee benefit district shall be all areas
710 within city limits, including existing County enclaves. For purposes of mobility fee
711 expenditures, the Technical Report provides a Mobility Fee Benefits District Map.
712 K. Mobility Fee Fund Account. There is hereby-established a mobility fee fund
713 account for the mobility fee benefit district. For accounting purposes, mobility fees shall
714 be considered special revenue funds. Mobility fees collected from property located within
715 the mobility fee benefit district shall be deposited into the corresponding mobility fee
716 fund. Funds withdrawn from these accounts shall be used solely in accordance with the
717 provision of sections 10.J. and 10.L. The mobility fee fund account is subiect to audit and
718 reporting requirements of section 163.31801. Florida Statutes, or as amended by the
719 Legislature.
720 L. Mobility Fee Expenditures.
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721 1. Expenditure of Funds. Amounts on deposit in the mobility fee fund account
722 shall be used by the City solely for developing multimodal projects or for financing
723 directly, or as a pledge against bonds, revenue certificates, and other obligations of
724 indebtedness, the costs of multimodal projects, or portions thereof, that are located in
725 the mobility fee benefit district from which the funds were collected, that are included in
726 the capital improvement element or program, an adopted plan, as a development order
727 or permit condition, or where the City Commission agrees to add the mobility project to
728 the capital improvements program.
729 2 Prohibition. The amounts on deposit in the mobility fee fund shall not be
730 used for an expenditure that would be classified as a transportation operation and
731 maintenance expense unless expressly included in the capital improvements program or
732 mobility plan with justification for using funds for the operation and maintenance of a
733 mobility project.
734 3. Use of Funds. Funds withdrawn from the mobility fee account must be used
735 solely in accordance with the provisions of this section. The disbursal of such funds shall
736 require the approval of the City Commission upon recommendation of the City Manager.
737 4. Finding of Benefit. The use of mobility fees outside city limits but within the
738 Mobility Fee Benefit District shall require a written finding with evidence that the
739 expenditure of funds will provide a mobility benefit to the development that paid a
740 mobility fee to the City.
741 5. Interest-Bearing Accounts. Any mobility fee funds on deposit not
742 immediately necessary for expenditure shall be invested in interest-bearing accounts.
743 Funds may be pooled for investment, provided all income derived from the fund's assets
744 is deposited in the applicable fund account.
745 M. Mobility Fee Refunds.
746 1. Refund Required. The mobility fees collected pursuant to Section 10.D. of
747 this Article shall be returned to the then present owner of the development if the fees
748 have not been encumbered or spent by the end of the calendar quarter immediately
749 following seven (7) years from the date the fees were collected, or if the development for
750 which the fees were paid was never begun.
751 2. Refund Process. Mobility fees collected shall be deemed to be encumbered
752 or expended on a "first in-first out" basis (i.e., the first money placed in a fee fund shall
753 deemed to be the first money expended or encumbered). The following procedure will
754 apply for reauests for eligible refunds:
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755 a. The then present owner must petition the City Commission for the refund
756 within one (1) year followina the end of the calendar quarter immediately
757 followina seven (7) years from the date on which the fee was received.
758 b. The petition must be submitted to the City Manaaer and must contain:
759 (1) A notarized sworn statement that the petitioner is the current owner
760 of the property or his authorized aaent: and
761 (2) A copy of the dated receipt issued for payment of the fee or other
762 competent evidence of payment: and
763 (3) A certificate of title or attorney's title opinion showing the petitioner
764 to be the current owner of the property or his authorized aaent: and
765 (4) A copy of the most recent ad valorem tax bill: and
766 (5) A copy of the buildina permit or development aareement pursuant to
767 which the mobility fees were paid.
768 c. Within sixty (60) days from the date of receipt of a petition for refund, the City
769 Manaaer or desianee shall advise the petitioner and the City Commission of
770 the status of the fee reauested for refund. For the purposes of determining
771 whether fees have been spent or encumbered. the first money placed in a
772 trust fund account shall be deemed to be the first money taken out of that
773 account when withdrawals have been made in accordance with section 10.L.
774 d. When the money requested is still in the mobility fee fund account and has
775 not been spent or encumbered by the end of the calendar quarter
776 immediately following seven (7) Years from the date the fees were paid. the
777 money shall be returned with interest at the rate of one (1) percent per
778 annum.
779 e. When a refund is requested because construction was never beaun, all
780 development order approvals shall have expired. and the applicant shall
781 execute an agreement acknowledainci the expiration of development order
782 approval.
783 f. A request for a refund of mobility fees must be made one (1) year from the
784 issuance of the building permit or special use permit or six (6) months from
785 the expiration of the permit. whichever is later only if no development activity
786 has started. The refund amount will be less ten (10) percent of the fees that
787 were ultimately to have been paid. regardless of the amount actually paid. to
788 cover administrative costs. If the applicant does not apply within the time
789 limits stated above, there will be no refund.
790 N. Effect on Land Use and Development Regulations.
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791 1. Land Use. The listina of a use in the mobility fee schedule is solely for
792 purposes of establishina the applicable mobility fee schedule for such use, and such listing
793 does not mean that the use is permitted or available under the applicable Comprehensive
794 Plan Future Land Use Element and Zonina District requirements. In addition, the listina of
795 the use in the mobility fee schedule shall not be considered evidence that the use is
796 appropriate in any existina or future land use classification or zonina district.
797 2. Land Development Code. The payment of mobility fees does not ensure nor
798 grant compliance with the City's land development code, includina reaulations relatina to
799 site access, corridor access manaaement, substandard roads, secondary access. timina.
800 and phasina, or mobility impact or site impact review. However, if such reaulations require
801 transportation mitiaation for the same travel demand impacts addressed throuah the
802 payment of mobility fees, such reaulations shall be deemed to provide for mobility fee
803 credit against imposed mobility fees consistent with Federal and State laws and this
804 section.
805 0. Administrative Manual and Service Charges.
806 1. Administrative Procedures. The City shall prepare and periodically update
807 mobility fee administrative procedures that addresses administration, implementation,
808 and update of the mobility plan and mobility fee. The administrative manual shall address
809 assessments, credit and off-set request, fee and land use determinations, special studies,
810 expenditures, and monitoring. The administrative manual shall require acceptation by
811 resolution of the City Commission.
812 2. Service Charges. The City shall prepare and periodically update mobility fee
813 service charaes to ensure that the City's aeneral fund does not bear the full burden of
814 administering and implementina the mobility fees, provided that the service charaes does
815 not exceed the City's actual costs of administration and implementation of the mobility
816 fee system per Section 163.31801, Florida Statutes. Mobility fee service charaes shall be
817 in addition to the imposed mobility fee and shall account for future updates of the
818 mobility_ plan and mobility fee in the service charae determination. The mobility fee
•
819 service charge shall require acceptance by resolution of the City Commission.
820 P. Annual Report.
821 The City shall comply with all audit requirements of Florida Statutes. The City shall include
822 in its annual Capital Improvements Plan update an accounting of projects funded by
823 mobility fees. The annual budget shall indicate mobility fee revenues and expenditures.
824 0. Review and Update.
825 1. Mobility Plan and Mobility Fee Update. The Mobility Plan and Mobility Fee
826 shall be updated by the City at least once every four (4) years, with no more than five (5)
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827 years between adoption. The Mobility Plan and Mobility Fee shall be reviewed annually
828 durina either the capital improvements budget process or the preparation of the mobility
829 fee annual report. The review shall include a recommendation reaardina the need for any
83o interim updates due to factors such as increased cost, amendments to the Future Land
831 Use Element and Map that result in the need for additional infrastructure, and the update
832 of professional technical reports such as the ITE Trip Generation Manual or Highway
833 Capacity Manual or the National Household Travel Survey used in the calculation of a
834 mobility fee. The review and updates shall consider all factors utilized in the most recent
835 computation of mobility fees.Any update more frequent than four (4)years would require
836 a finding of extraordinary circumstances as provided for in Florida Statutes. However, if a
837 full reevaluation and updates are not complete within the required four (4) year period.
838 the last adopted mobility fee shall remain in effect until the reevaluation is complete.
839 2. Required Notice for Increase. Updates to the mobility fee that result in an
840 increase shall be required to provide 90 days' notice before the increased fees are
841 assessed on new development per Section 163.31801, Florida Statutes.
842 3. Annual Inflation Adiustment. To ensure that mobility fees keep pace with
843 inflation, on January 1st of each calendar year. starting in 2026, the mobility fees in section
844 10.B. shall increase by the proiected rate of inflation for the upcoming_ calendar year as
845 determined by the most recent and localized inflation data available.
846 4. Annual Adiustment. The City shall adiust the mobility fees in section 10.D.
847 of this Article on or before September 30th of each calendar year, starting_ in 2025. if
848 necessary due to inflation.
849 5. Notice Provided. The City shall advertise any increase in mobility fees in a
850 publication of general circulation available to City residents and businesses or as
851 permitted by State Statute, on the City's website. The advertisement shall be published
852 and posted 90 days prior to the increase of the mobility fees. The requirements of Section
853 10.0.of this Article shall serve as the statutorily required notice to the public that mobility
854 fees will increase on an annual basis, adjusted for inflation, and that Section 10.0 shall be
855 deemed to address Statutory requirements that notice be provided 90 days prior to an
856 increase in a mobility fee. The notice requirement related to sections 10.0.3. and 4. is
857 provided as a courtesy reminder only.
858 R. Developer Agreements.
859 1. Applicability. An applicant may enter into a developer agreement with the
860 City to provide equivalent mobility proiects necessary to serve new development.
861 2. Approval. Any developer agreement proposed by an applicant shall be
862 presented to and approved by the City Commission prior to the issuance of permits. Any
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863 such aareement shall provide for execution by any mortaaaees, lienholders, or contract
864 purchasers in addition to the landowner, and shall require the applicant to record such
865 aareement in the public records of Palm Beach County. The City Commission shall
866 approve such an aareement only if it finds that the new aareement will apportion the
867 burden of expenditure for new facilities in a _lust and equitable manner, consistent with
868 applicable Florida Statutes. case law, and this section.
869 3. Developer Aareement Amendment. If an applicant has previously entered
870 into a developer aareement with the City with conditions, the applicant or applicant's
871 successor in interest may request an amendment of the prior aareement to bring the
872 conditions into consistency with this section. Applicant must file a request for such
873 modification with the City within one (1) year of the effective date of this section.
874 S. Vested Riahts.
875 1. Request. It is not the intent of this section to abroaate, diminish or modify the
876 rights of any persons that have vested riahts pursuant to a valid governmental act of the
877 City. An applicant may petition the City Commission for a vested rights determination
878 which could exempt the applicant from portions of this section. The City shall evaluate
879 the petition and submit a recommendation to the City Commission based on the
880 followina criteria:
881 a. A valid, unexpired aovernmental act of the City authorizina the
882 buildina for which applicants seek a certificate of occupancy exists.
883 b. Expenditures or obliaations made or incurred in reliance upon the
884 authorizina act are reasonably equivalent to the mobility fee required by Section
885 10.D.
886 c. That it would be inequitable to deny the applicant the opportunity to
887 occupy a previously approved buildina under the conditions of the previous
888 approval by reauirina the applicant to comply with the provisions of this section.
889
890 T. Penalty. Violations of this section shall constitute a misdemeanor
891 enforceable in accordance with the City Code, or by an iniunction or other leaal or
892 equitable relief in the circuit court aaainst any person violatina this article, or by both civil
893 iniunctive and criminal relief.
894
895 Section 5. Codification. It is the intention of the City Commission of the City
896 of Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance
897 shall become and be made a part of the Code and Ordinances of the City of Boynton
898 Beach, Florida and that Sections of this Ordinance may be renumbered, re-lettered and
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899 the word "Ordinance" may be changed to "Section," "Article," or such other word or phrase
900 in order to accomplish such intention.
901 Section 6. Scrivener's Errors. Corrections of typographical errors which do not
902 affect the intent of this Ordinance may be authorized by the City Attorney without a public
903 hearing by filing a corrected or re-codified copy with the City Clerk.
904 Section 7. Conflicts. That all Ordinances, parts of Ordinances, Resolutions, or
905 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of
906 such conflict.
907 Section 8. Ordinance to be Liberally Construed. This Ordinance shall be
908 liberally construed to effectively carry out the purposes hereof, which are deemed not to
909 adversely affect public health, safety, or welfare.
910 Section 9. Severability. If any clause, section, or other part of this Ordinance
911 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
912 unconstitutional or invalid part shall be considered eliminated and in no way affect the
913 validity of the other provisions of this Ordinance.
914 Section 10. Effective Date. That this Ordinance shall take effect ninety (90) days
915 after passage.
916
917 [SIGNATURES ON FOLLOWING PAGE]
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44'
918 FIRST READING this L day of k- b -ua 7t, 2025.
919 SECOND, FINAL READING, AND PASSAGE dis this lay of f_<,,brucirj, 2025.
920
921 CITY OF BOYNTON BEACH, FLORIDA
922
923 YES NO
924 Mayor— Ty Penserga ✓
925
926 Vice-Mayor—Aimee Kelley
927
928 Commissioner— Angela Cruz
929
930 Commissioner—Woodrow L. Hay
931
932 Commissioner— Thomas Turkin
933
934 VOTE (?
935 A�:
936
937 /si 1a •ilt12740
938 Maylee a esus, M MMC Ty•Pe ga
939 City CI rk May?
940
zOYNT(p941 p�......... APPROVED AS TO FORM:
4„.. p ATF••. ‹,
942 (Corporate Seal) •v '
SEAL •
943 i : INCORPORATED t t' �j
944 ��� 1920 :• j r/
945 ' f Shawna G. Lamb
PCOPPN
946 • City Attorney
947
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