BOYNTON.8 Chapter 8
ECONOMIC DEVELOPMENT
Sec. 8 - 1 Economic Development Generally. B. Eligible Business. The City Commission
Sec. 8 - 2 Economic Development in Planned does hereby determine that the economic
Industrial Development District. development incentives cr eated and established by
this chapter shall be granted to:
Sec. 8 - 1 Economic Development Generally.
1. A business now located in the
Community Redevelopment Area which is improving
A. Findings. or enlarging its place of business within the
Community Redevelopment Area or,
1. The recitals se t forth above are hereby
adopted and incorporated by reference herein to the 2. A business locating a new pl ace of
same extent as if set forth here in full. business within the Community Redevelopment Area.
2. The City Commission does hereby Any business satisfying the conditions of this division
find that it is necessary and appropriate and in the is hereinafter referred to as an “Eligible Business,”
public interest that certain incentives in the form of which may, in its discretion, file an application with
fee reductions or waivers be provided for new the City as provided below reque sting one or more of
businesses locating within the Community the economic incentives established by this section
Redevelopment Area in order to promote economic subject to the review, discretion and approval of the
growth, to expand the ad valorem tax base, to City Commission. Nothing in this section is intended
increase job opportunities for all citizens of the City, or should be construed or applied as creating or
and to im prove the economic condition of the City granting any vested right i n any Eligible Business to
and its residents and citizens. be entitled to any or all of the economic incentives
established by this section not that there is any
3. The City Commission does hereby obligation or duty on the part of the City or the City
find that the creation and use of such incentives and Commission to consider, approve, grant or provide
their application to certain business in the any or all of the eco nomic incentives established by
Community Redevelopment Area is in the public this section to any person, including an Eligible
interest and furthers a public purpose. Business.
4. The City Commission does hereby C. Waiver of Impact Fees. Upon an
find that the economic incentives contemplated by application from an Eligible Business and
this section are consistent with the goals, objectives recommendation of the City Manager as provided in
and principles of the Community Redevelopment Division E. below, the City Commiss ion may, in its
Plan for the Community Rede velopment Area, as discretion and subject to such conditions as it may
adopted by Ordinance 90 - 21 enacted on August 7, establish, waive or defer the payment of impact fees
1990, and as expanded by Ordinance No. 00 - 59 (the by the Eligible Business and the City shall pay from
“Community Redevelopment Plan”), and such legally available funds the amount of such impact
incentives further the purposes of the Community fees by whatever name known that would have
Redevelopment Plan, and are intended to promote otherwise been paid by the Eligible Business in the
and encourage private enterprise within the absence of such approval by the City Commission
Community Redevelopment Area as contemplated and cause that payment to be deposited in the fund or
and provided by Part III, Chapter 163, Florida account in which the impact fees are customarily
Statutes. deposited. For purposes of this division,
1
2001 S - 16
Boynton Beach Code
2
“impact fees” means a land development regulatory application and determine (1) the applicant is in fact
fee charged to new development which creates a need an Eligible Business, (2) the economic development
for capital improvements. incentives established by this chapter are necessary
and appropriate to encourage the Eligible Business to
D. Waiver of Building Permit Fees. Upon an locate in the Redevelopment Area or to improve or
application from an Eligible Business and enla rge an existing location within the
recommendation of the City Manager as provided in Redevelopment Area, (3) the amount of funds
division E. below, the City Commission may, in its necessary to pay for such economic development
discretion and subject to such conditions as it may incentive being requested, and (4) sufficient funds are
establish, waive or defer the payment of building available to the City to pay such costs. Upon making
permit fees for the construction or improvements such a determination , the City Manager shall notify
being done by the Eligible Business in the the City Commission of the application and
Community Redevelopment Area and the City shall recommend to the City Commission whether the
pay from legally available funds the amount of such application should be approved, approved with
building permit fees and causes such funds to be conditions, or denied. The City Commission shall
placed in the fund or account in which City building consider the application and the City Man ager's
permit fee s are customarily deposited. For purposes recommendation at its next regular or special meeting
of this division, “building permit fees” means following receipt of the City Manager's
those fees charged by the City for reviewing and recommendation. At that time the City Commission
inspecting structural, mechanical, plumbing, gas and may, in its discretion, accept the City Manager's
electrical construction in the City. recommendation or take such other action as the
Com mission deems to be necessary and appropriate,
E. Water and Sewer F acilities Construction including establishing conditions to the approval of
and Installation. Upon an application from an the economic development incentives that were not
Eligible Business and recommendation of the City recommended by the City Manager, but the City
Manager as provided in division E. below, the City Commission may not enlarge or increase the amount
Commission may, in its discretion and subject to such or extent of the economic development incentive
conditions as it may establish, authorize and provide beyond that requested by the Eligible Business in its
for the payment by the City of the cost to construct application filed with the City Manager.
and install improvements to the City's water or sewer
system, or both, which are not located on property G. Implementing Actions Authorized. The
owned by the Eligible Business, but which are appropriate City officials are hereby authorized and
necessary or required in order for the Eligible directed to take such act ions as are necessary to
Business to locate in the Redevelopment Area. For implement the provisions of this section.
purposes of this division, “improvements to the City's
water and sewer system” means improvements not H. Reports to the City Commission. The City
located on property owned by the Eligible Business Manager is hereby directed to periodically from time
such as lift stations, water lines, sewer lines, or to time report to the City Commission as to the use of
oversized lines, but does not include any connections the economic development incentive s established by
or any improvements located on property owned by this section, including information as to the number
the Eligible Business. of new or enlarged or improved business facilities in
the Redevelopment Area subject to such incentives,
F. Procedure for Economic Incentive the number requesting such incentives, the dollar
Applications. The City Manager shall establish value of the incentives to the businesses requesting
appropriate forms and proce dures for the filing of an them, and the number of jobs created as a result of
application by an Eligible Business for any of the such facilities being located within the
economic development incentives established by Redevelopment Area and the amount of increase in
divisions C., D., and E. of this chapter. Upon receipt the City's ad valorem tax base or other increases in
of an application the City Manager shall review the City revenues. The City Manager may at any time
make recommendations to
2001 S - 16
Economic Development
3
the City Commission regarding the modification of (1) A business establishing fifty
economic development incentives or curtailing or (50) or more jobs to employ fifty (50) or more full -
eliminating them based upon the experience of the time employees in this City, which manufactures,
City with such incentives and their effe ctiveness. processes, compounds, fabricates, or produces for
(Ord. No. 96 - 46, §§ 1 - 8, 11 - 11 - 96; Ord. No. 01 - 31, sale items of tangible personal property at a fixed
§§ 1 - 5, 7 - 3 - 01) location and which comprises an industrial or
manufacturin g plant;
Sec 8 - 2. Economic Development in Planned
(2) An office space in this City
Industrial Development District.
owned and used by a corporation newly domiciled in
this City; provided such office space houses fifty (50)
A. Findings. or more full - time employees of such corporation.
1. The recitals set forth above are hereby Provided that such businesses or
adopted and incorporated by reference h erein to the office referred to in subsections (1) or (2) above, first
same extent as if set forth here in full. begins operation on a site clearly separate from any
other commercial or industrial operation owned by
2. The City Commission does hereby the same business.
find that it is necessary and appropriate that
certain incentives in the form of fee reduction or b. Expansion of an Existing
waivers be provided for new businesses locating Business -
within c ertain parts of the City zoned Planned
Industrial Development (PID) in order to promote (1) A business establishing fifty
economic growth, to expand the ad valorem tax base, (50) or mo re jobs to employ fifty (50) or more full -
to increase job opportunities for all citizens of the time employees in the City, which manufactures,
City, and to improve the economic condition of the processes, compounds, fabricates, or produces for
City and it s residents and citizens. sale items of tangible personal property at a fixed
location and which comprises an industrial or
3. The City Commission does hereby manufacturing plat .
find that the creation of such incentives and their
application to certain businesses is in the public Provided that such business
interest and furthers a public purpose. increases operations on a site co - located with a
commercial or industrial operation owned by the
B. Eligible Businesses. The City Commission same business, resulting in a net increase in
do es hereby determine that the economic employment of not less than twenty - five (25%)
development incentives contemplated by this section percent.
shall only be granted to new businesses or expanding
existing businesses as hereinafter defined: c. Eligible Busines s -
1. Business - Any activity engaged in by (1) A business that meets the
any person, partnership, corporation or firm with the criteria set forth herein for a new business or an
object of private or public gain, benefit, or advantage, expansion of an existing business, and
either direct or indirect. A business is further and
more specifically defined as follows: (2) Moves to or expands its
operations to a location within a Planned Industrial
a. New Business - District within the City of Boynton Beach , and
(3) Maintains its business
operation at the levels referenced herein for a period
2001 S - 16 of three (3) years after opening for business, and
Boynton Beach Code
4
(4) The wages paid to its full - or deferral of building permit fees contemplated by
time non - management employees must be on averag e division D., the Eligible Business shall remain liable
a minimum of $12.74 per hour. Wages shall be for and obligated to pay such fees if the Eligible
defined as the total of the hourly wage, plus the cost Business fails to maintain the corporate headquarters
of all fringe benefits paid on behalf of the employees. or manufacturing an industrial facility in the City or
fails to employ at least fifty (50) individuals at that
C. Payment of City Impact Fees. Upon facility for a period of three (3) years following the
application of any Eligible Business submitted prior issuance of the certificate of occupancy for the
to th e issuance of a building permit for construction f acility.
of the Eligible Business' facility within the City and
upon a determination that the Eligible Business F. Implementing Actions Authorized. The
satisfies the requirements of this section, the City appropriate City officials are hereby authorized and
Commission may, by ordinance and at its sole directed to take such actions as are necessary to
discre tion, cause the City to pay from legally implement the provisions of this section, including
available funds all, or a portion of City impact fees the City Attorney who is authorized to prepare su ch
by whatever name known that would have otherwise other resolutions or such ordinances as may be
been paid by the Eligible Business for water and necessary to provide for the payment or waiver
sewer service provided by the City. The City contemplated by this section.
Commission may als o decide to defer the payment of
any impact fees by the Eligible Business. For the G. Reports to the City Commission. The City
purpose of this division, “City impact fees” means a Manager is hereby directed to periodically from time
land development regulatory fee charged to a new to time report to the City Co mmission as to the use of
development which creates a need for capital the economic development incentives contemplated
improvements. by this section, including information as to the
number of new business facilities in the City subject
D. Payment or Deferral of Building Permit to such incentives, the number requesting such
Fees. Upon application of any eligible business, incentives, the dollar value of the incentives to the
submitted prior to the issuance of a building permit, businesses requesting them, and the number of jobs
and upon a determination that the eligible business created as a result of such facilities being located
satisfies the requirements of this section, the City within the City and the amount of increase in the
Commission may, as set forth in a Resolution: City's ad valorem tax base. The City Manager may at
any time make recomme ndations to the City
1. Authorize payment on behalf of the Commission regarding the enlargement of economic
eligible business all or part of building permit fees development incentives or curtailing or eliminating
required by City Code; or them based upon the expertise of the City with such
incentives and their effectiveness.
2. Defer payment of building permit fees
for a time certain to be set forth in the body of the H. Non - vesting of Right. The power of the
Resolu tion. C ity Commission to grant the economic development
incentives provided herein is a discretionary and
For the purpose of this section, “Building Permit legislative function of the City Commission. Neither
Fees” means those fees charged by the City for the adoption of this section nor any subsequent act by
structural, mechanical, plumbing, gas, and electrical the City Commission or the City Administration sh all
review and inspection. vest any person or entity with any right to the waiver
of all or part of any fee as referenced herein.
E. Fees Due if Facility Not Maintained.
Notwithstanding the payment or d eferral of City I. Appropriation of
impact fees contemplated by division C. or the Funds. The City Commission prior to granting an
waiver economic incentive
2001 S - 16
Economic Development
5
as provided herein shall eith er appropriate funds for §§ 2 - 4, 6 - 19 - 01)
the payment of such incentive, designate a specific
funding source previously appropriated through the
budget process, or waive such fees.
(Ord. No. 96 - 47, §§ 1 - 9, 11 - 6 - 96; Ord. No. 01 - 32,
2001 S - 16
Boynton Beach Code
6