25-009 1 ORDINANCE NO. 25-009
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING PART III "LAND
5 DEVELOPMENT REGULATIONS," CHAPTER 2 "LAND DEVELOPMENT
6 PROCESS," ARTICLE VI "IMPACT AND SELECTED FEES," SECTION 7
7 "PALM BEACH COUNTY FEES"; REMOVING PALM BEACH COUNTY
8 PARK IMPACT FEES FROM LAND DEVELOPMENT REGULATIONS;
9 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
10 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
11 DATE.
12
13 WHEREAS, Part III "Land Development Regulations," Chapter 2 "Land Development
14 Process," Article VI "Impact and Selected Fees," Section 7 "Palm Beach County Fees" of the City's
Is Code of Ordinances currently establishes Park and Recreational Impact Fees; and
16 WHEREAS, the Palm Beach County Charter recognizes that municipalities can charge
17 separate impact fees and provides for credits toward County impact fees for properties within
18 those municipalities that provide like capital facilities; and
19 WHEREAS, Article 13 of the Palm Beach County Unified Land Development Code
20 recognizes that municipalities can charge separate impact fees and establishes provisions for the
21 collection of Palm Beach County Park Impact fees; and
22 WHEREAS, the City of Boynton Beach currently charges a Parks and Recreation Impact
23 Fee pursuant to Chapter 2, Land Development Process, Article VI, Impact and Selected Fees,
24 Section 9. A, of Part III, Land Development Regulations; and
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25 WHEREAS, the City of Boynton Beach wishes to remove the Palm Beach County Park
26 Impact Fee from Section 7 of Article VI of Chapter 2 of the Land Development Regulations to
27 allow the Palm Beach County Impact Fee Manager to review each fee assessment prior to fee
28 submittal and for developers and applicants to provide adequate information to such agent for
29 qualifying credits; and
30 WHEREAS, developers and applicants would still be subject to Palm Beach County
31 ordinances as applicable, but the requirement to collect such fees would no longer be the City's
32 function; and
33 WHEREAS, the City Commission has determined that this amendment serves the public
34 health, safety, and welfare of the citizens of the City of Boynton Beach.
35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
36 BOYNTON BEACH, FLORIDA:
37 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
38 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
39 Section 2: Part III "Land Development Regulations," Chapter 2 "Land Development
40 Process," Article VI "Impact and Selected Fees," Section 7 "Palm Beach County Fees" is hereby
41 amended to read as follows:
42 Sec. 7. Palm Beach County Fees.
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43 Palm Beach County ordinances require that certain impact fees be paid concurrently with
44 development activities, collectible prior to issuance of certain permitting fees. Developers in
45 Boynton Beach shall pay such fees in accordance with Palm Beach County ordinances.
46 A. Road This fee is based on the county's schedule, published 01/12/2006 or most recent
47 update.
48 B. School This fee is based on the county's schedule, published 01/12/2006 or the most recent
49 update.
50 C. Park. This fee is based on the county's schedule, published 01/12/2006 or the most recent
51 update.
52 43C. Public Building. This fee is based on the county's schedule, published 01/12/2006 or the
53 most recent update.
54 Section 3: Codification. It is the intention of the City Commission of the City of
55 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and
56 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that
57 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be
58 changed to "Section," "Article," or such other word or phrase in order to accomplish such intention.
59 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be
60 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
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61 or invalid part shall be considered as eliminated and in no way affect the validity of the other
62 provisions of this Ordinance.
63 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
64 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
65 conflict.
66 Section 6: Effective Date. This Ordinance shall take effect immediately upon
67 passage.
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fy1
84 FIRST READING this day of ay , 2025.
85
86 SECOND, FINAL READING AND PASSAGE this qday of vu , 2025.
87 CITY OF BOYNTON BEACH, FLORIDA
88 YES NO
89
90 Mayor— Rebecca Shelton
91 ✓
92 Vice Mayor— Woodrow L. Hay
93
94 Commissioner—Angela Cruz
95
96 Commissioner—Thomas Turkin ro^'t c)cu.S
97
98 Commissioner—Aimee Kelley -nic) ertk-
99
100 VOTE
101 ATTEST:
10 A
103
11, vi ,
105 May leJesus, M 'C Reb- ca Shelton
106 City I ler Mayor
107
108 "� ` APPROVED AS TO FORM:
T � `
109 (Corporate Seal) ;'3�vN..�Ne�,I
i O�.•'O�PORATE Fy 00 j C1,0 4
110 s� � EA �Cy00, yi�ll�dlf��
Ga
111 S �; 5 Shawna G. Lamb
112
• IN ORATED.
�+� ;• c 1820 City Attorney
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