R04-149
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RESOLUTION R04- ,..,q
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE
AN INTERLOCAL AGREEMENT BETWEEN PALM
BEACH COUNTY (COUNTY) AND THE CITY OF
BOYNTON BEACH (CITY) TO RETURN THE
COLLECTION OF COlJNTY IMP ACT FEES BACK TO
THE PALM BEACH COUNTY BUILDING DIVISION;
AND PROVIDING AN EFFECTIVE DATE.
i WHEREAS, in light of a steadily increasing workload, the Building
Division has examined the costs and benefits of all services provided which
, I are outside the normal operation of the division; and
WHEREAS, the analysis performed by the Building Division
indicates that the average number of hours per week spent by staff review,
, , assessing, preparing reports, etc., does not return sufficient benefit for the 2%
, administrative fee returned to the City; and
WHEREAS, as a result of the analysis, staff is recommending the City I
! return the assessment and collection of County Impact Fees back to Palm
I Beach County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY I
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, I
THAT: I
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Section 1. The foregoing "Whereas" clauses are hereby ratified and I
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof. I
Section 2. The City Commission of the City of Boynton Beach
does hereby authorize and direct the City Manager and City Clerk to execute
an Interlocal Agreement between Palm Beach County and the City of Boynton
Beach to return the collection of County Impact Fees back to the Palm Beach
County Building Division. I
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Section 3. That this Resolution shall become effective I
immediately upon passage.
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PASSED AND ADOPTED this 1- day of September, 2004.
CIT OF BOYNTON BEACH, FLORIDA
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s·'c. " ESO\Agn:emems\Interlocals\Interlocal-PBC Impact Fee Collection. doc
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~ R 2 0 0 4'" 2 2 3 7 R 04 - '&lq
iNTERLOCAL GOVERNMENTAL AGREEMENT
FOR COLLECTION OF IMPACT FEES
CITY OF BOYNTON BEACH
THIS AGREEMENT made this day of OCT 1 9 2004 , 2004 by
and between the Board of County Commissioners of Palm Beach County, Florida, a
political subdivision of the State of Florida (hereinafter "County") and City of Boynton
Beach, a Municipality created pursuant to Laws of Florida, (hereinafter "Municipality"),
WHEREAS, the Board of County Commissioners adopted countywide
impact fees pursuant to Section 1.3 of the Palm Beach County Charter; and
WHEREAS, Section 13.A.7.A.2 of the Palm Beach County Unified Land
Development Code (ULDC) provides that the Municipality issuing development orders
may require direct payment of impact fees to the County pursuant to an interlocal
agreement; and
WHEREAS, the Municipality has requested that the County enter into
such an interlocal agreement; and
WHEREAS, this interlocal agreement is adopted pursuant to Section
13.A.7.A.2 of the ULDC.
WITNESSETH
For and in consideration of the mutual terms and conditions set forth
herein, the parties hereto hereby agree as follows:
1. The County shall allow the Municipality to require the payment of
impact fees directly to the County by the fee payer. Where County Impact Fees are
required to be paid, the Municipality shall not issue any building permit or development
order until such time as such fees are paid to the County by the fee payer.
2. (a) Administration. The Municipality shall direct all persons
required to pay County Impact Fees to the Palm Beach County Building Division
(hereinafter "Building Division") to provide the Building Division with all of or a portion
of the plans and specifications with square footage and land use information for review
by the Building Division. The Building Division shall review the plans and
specifications for purposes of calculating the impact fees required under the ULDC,
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Article 13. The Municipality after consultation with the Impact Fee Coordinator, if
necessary, shall provide the location and a description of the land use which will be
built or, if not restricted to only that use, the permitted land use(s) having the greatest
impact on capital facilities. The Municipality shall designate a contact person for
purposes of describing the land use and answering impact fee related questions, such
as the proper category of a proposed use for assessing impact fees. The County shall
assign an Impact Fee Plan Review (hereinafter "IFPR") number, which shall be the
means of tracking the review and approval. The County shall complete its calculation
of the impact fees within six (6) business days of its receipt of the portion of the plans
and specifications and information as to the land use description and categorization
provided by the Municipality; provided, however, if the feepayer seeks a credit,
independent fee calculation, appeals the assessment, or a covenant is necessary, this
six (6) day period shall not apply.
(b) The County shall stamp the plans and specifications with a
standard-form stamp and shall set forth therein the amount of impact fees paid, the
IFPR number, the impact fee zones, and the particular land use involved. On a
separate form as established by the Impact Fee Coordinator, the County shall detail
the information upon which the fee amount is based. This stamp and form shall
constitute official notice that the Impact Fees have been paid. This form shall be
provided to the feepayer and Municipality. The Municipality shall incorporate into the
review plans and specifications the sheet setting forth the square footage and land use
with the impact fee stamp of the County, or if the entire set of plans are submitted to
the County and the impact fees are calculated and sent to the Municipality prior to the
Municipality's review of the plans, the Municipality shall use the stamped plans as its
review and approved plans.
(c) The Municipality may require County determination of impact fees
prior to its acceptance of an application for a building permit or development order, or
prior to Municipal review of such application. These plans shall remain on file with the
Municipality. The Municipality shall not allow any revision to the plans or specifications
or any change in land use as submitted to the County pursuant to this paragraph 2 (a)
and (b) except those which have been approved by the Building Division and for which
impact fees have been paid. Amendments shall be approved with the same formality
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as the original larid use and plans using the stamp and form. This stamp shall
constitute official notice that the Impact Fees have been paid.
(d) The County shall designate a contact person or persons for any
inquiries that the Municipality may have relative to impact fees.
(e) The Municipality shall provide the County with a copy of the primary
Building Permit.
(3). Refunds. Any refunds requested shall be processed through the
County Impact Fee Coordinator. In the event a refund is applied for, the Municipality
shall confirm that the building permit or development order for the development upon
which the impact fees were paid is of no further force and effect. The Municipality shall
not thereafter allow any renewal or extension of the building permit or development
order until such time as the impact fees have been paid.
(4) Failure of Funds Clearing. The County shall notify the Municipality
and feepayer if the funds for impact fees do not clear. The Municipality shall not
perform any further inspections if the building permit is of no further force and effect
pursuant to Section 13.A.14.A of the ULDC.
(5) Covenant. If a covenant is necessary as determined by the Impact
Fee Coordinator, the Municipality shall not issue the building permit or development
order until the Impact Fee Coordinator notifies the Municipality that the Covenant is
executed by the property owner and other necessary persons in recordable form
(6) Administrative Fee. The administrative fee set forth in Section
13.A.7.B shall accrue to the County and not to the Municipality. The County shall not
charge the Municipality for any services associated with the collection of impact fees,
as set forth in this interlocal agreement or Article 13 of the ULDC.
(7) Credits, Independent Fee Calculations. Where a fee payer has
made a request to the Impact Fee Coordinator for credits, an independent fee
calculation, or for any other reason, the Municipality shall cooperate with the County
and feepayer by providing to the County and feepayer information and documents in
the Municipality's control.
(8) The County shall provide the Municipality with a copy of Article 13
of the ULDC so that the City may ascertain what development orders and building
permits must be referred to the County for calculation and payment of impact fees.
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(9) The City shall not collect any impact fees assessed pursuant to
Article 13 of the ULDC.
(10) This agreement constitutes the entire agreement between the
parties. It may be amended from time to time by the mutual agreement of the parties
executed with the same formality as this agreement. Either party may cancel this
agreement with thirty (30) days advance written notification to the other party.
R2004 2237
ATTEST: PALM BEACH COUNTY, BY ITS
BOARD OF COUNTY COMMISSIONERS
Clerk of the Circuit Court
OCT 1 9 2QI4
APPROVED AS TO FORM
AND L AL SUFFICIENCY
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City Manager
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
~as~ cr 1,0 J Dtj
~. City Attorney
boynton/D:2005Update-collection of impact fees1 2 w spacing A
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