06-025
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2 ORDINANCE NO. 06- OcQ t>-
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4 AN ORDINANCE OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING PART III, LAND DEVELOPMENT
7 REGULATIONS, CHAPTER 1, ARTICLE V, IMPACT
8 FEES AND DEDICATIONS, BY DELETING SECTION 3
9 IN ITS ENTIRETY AND ADOPTING A NEW SECTION
10 3, PARKS AND RECREATION FACILITIES IMPACT
II FEE; PROVIDING FOR AND ESTABLISHING
12 PROCEDURES FOR THE CALCULATIONS AND
l3 COLLECTIONS OF A PARK AND RECREATION
l4 FACILITIES IMPACT FEE; PROVIDING FOR
15 CONFLICTS, SEVERABILITY, CODIFICATION AND
l6 AN EFFECTIVE DATE.
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18 WHEREAS, the Comprehensive Plan, by Policy No. l.8.2 requires a review of the
19 Parks Impact fees every five years; and
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21 WHEREAS, as a result of this review, staff recommends the imposition of a park
22 and recreation facilitates impact fee to provide a source of revenue to fund the construction
23 improvements of the City park system; and
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25 WHEREAS, the implementation of this ordinance will ensure that all future
26 residential land development creating an impact on park and recreational facilities within the
27 City shall bear a proportionate share of the cost of capital expenditure necessary to provide
28 such facilities in accordance with the open space and recreation element of the
29 comprehensive plan;
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31 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
32 COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
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35 Section l. The foregoing Whereas clauses are true and correct and incorporated
36 herein by this reference.
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38 Section 2. Article V., Section 3, is deleted in its entirety and in its place, a new
39 Section 3 is adopted as follows:
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41 Section 3. Establishment of parks and recreation facilities
42 impact fee or land dedications in lieu thereof.
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44 a. PURPOSE. This subsection is enacted to insure that future land development
45 within the city provides land and facilities for park or recreational purposes in
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accordance with the open space and recreation element of the comprehensive
plan adopted by the City.
b. IMP ACT FEE IMPOSED. A park and recreation facilities impact fee is
hereby imposed on all the development of all real property that is hereinafter
developed or redeveloped for residential use within the city limits.
c. PURPOSE OF IMPOSITION OF FEE. The imposition of a park and
recreation facilities impact fee is to provide a source of revenue to fund the
construction or improvement of the city park system necessitated by growth.
as delineated in the capital improvement element of the proposed
comprehensive plan. The purpose of this section is to ensure that all future
residential land development creating an impact on park and recreational
facilities within the city shall bear a proportionate share of the cost of capital
expenditure necessary to provide such facilities in accordance with the open
space and recreation element of the comprehensive land adopted by the city.
d. APPLICABLITY OF FEE The provisions apply to development. including
the residential component of mixed-use developments. The provisions of this
section shall not apply to nonresidential property.
e. DEFINITIONS. When used in this section. the following terms shall have the
following meanings.
APPLICANT - The person or entity applying. or required by the city code to
apply. for a building permit for the construction of three or more dwelling units. or
for the construction of one or more dwelling units within a development of three or
more units. Applicant is synonymous with owner.
DWELLING - A living facility for one or more persons. such as a one-family
house. an apartment or a condominium.
IMP ACT FEE - Park and recreation facilities impact fee.
OBLIGOR - Any person or entity who is obligated to pay a park and recreation
facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee
Ordinance.
PARK - A public park within the city that is not owned or operated by the county.
RESIDENTIAL UNIT - An apartment. condominium. single-family detached
house. mobile home. single-family attached house or multi-family housing
established for human habitation.
f. TIME OF IMP ACT FEE PAYMENT. Payment of park and recreation impact
fees or transfer of title to land conveyed in lieu of a cash payment. shall be
made prior to the issuance of a building permit. or prior to approval finality of
an development order approving an application for plat or replat. whichever
occurs first.
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g. IMPACT FEE CALCULATION. The
recreation facilities impact fee assessm
end of this chapter.
h. IMP ACT FEE AMOUNT. The esta
impact fee per residential unit is as folIo
Tvpe of Dwelling Unit Impact Fee per Dwelling
Unit
Single-family. detached $940
Single-family. attached $771
Multi-family $656
1. CREDIT TOWARDS IMPACT FEE
consisting of one or more dwelling un
one or more dwelling units. there shall
fees originally paid or assessed.
J. LAND DONATION AS IMPACT F
Some or all of the park and recreation
satisfied by dedication of land to the
The process of donation may be initiate
formal filing of a development applicati
reviews. When City staff anticipates
of an impact fee, City staff shall not
the pre-application meetine. Sta
owner/applicant shall include a state
has the authority to decide when a la
of the payment of the impact fee. In
in lieu of a fee is reserved to the City C
(1) When either an applicant or the Cit
all or part of the required cash fi
Director of Parks and Recreation
land for impact fee satisfaction. T
description of the land and a writt
proposed date for the donation of t
plan. the Director of Recreation an
the City Commission at the next
purpose of reviewing the proposed
written notice of the time and place
held in accordance with the City C
judicial hearings. The City
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formula used to develop park and
ent is set forth as Appendix A at the
blished park and recreation facilities
ws:
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IMPOSITION. Where a building
its is replaced by another building of
be a credit against the payment of the
EE OBLIGATION SATISFACTION.
facilities impact fee obligation may be
City for park and recreation facilities.
d by the applicant or the City upon the
on and prior to the completion of staff
the need for a land dedication in lieu
ifv the property owner/applicant at
ff's notification to the property
ment that only the City Commission
nd dedication will be required in lieu
either case. the decision to accept land
ommlSSlOn.
y proposes a land dedication in lieu of
ee. the applicant shall submit to the
a proposed plan for the dedication of
he proposed plan shall include a legal
en appraisal of the land. along with a
he land. Upon receipt of the proposed
d Parks shall schedule a hearing before
regularly scheduled meeting for the
plan. and shall provide the applicant
of the hearing. Such hearing shall be
ommission rules for conducting Quasi-
Commission. following a written
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recommendation from the Director of Parks and Recreation and the City
Manager, shall, following the public hearing determine whether it shall
require a land dedication in lieu of a fee by consideration of the following:
a. Suitability. The land should be suitable for future park and
recreation facilities based upon the size, shape. topography. geology,
access and location of the proposed development;
b. No defects. The land must have no known physical problems such
as problems with drainage or flooding. or on-site safety hazards
associated with it;
c. Consistency. The location of the land and its potential for
development should be consistent with the city's Recreation and
Parks Strategic Plan.
(2) Nothing contained herein should be construed to prevent the City
Commission from exercising its authority to decline the donation of land
as partial or full satisfaction of the park and recreation impact fee.
(3) The fair market value of said land dedicated in lieu of a cash fee will be
credited to the applicant against the impact fee as set forth in this section.
If the fair market value exceeds the applicant's impact fee obligation. the
reimbursement will be made to the applicant by direct cash payment from
the trust fund.
(4) The value of the proposed land to be dedicated shall be based upon a
written appraisal of fair market value by a qualified and professional
appraiser. and based upon comparable sales of similar propertv between
unrelated parties in a bargaining transaction. if available. The appraiser
must: be a Member of the Appraisal Institute (M.A.I.); have his or her
principal office for business in Martin. Palm Beach or Broward County;
and have been qualified to testify as an expert on land valuation in a court
proceeding in at least three (3) legal proceedings involving a
governmental entity. The fee of the appraiser shall be paid by the
applicant when a dedication in lieu of a cash fee is requested by the
applicant and by the City when the dedication in lieu of a cash fee is
initiated by the City.
k. USE OF PARK IMPACT FEE PROCEEDS.
(1) The funds collected pursuant to the Park and Recreation Facilities Impact
Fee Ordinance shall be paid to the city. and placed in a trust fund to be
known as the reserve for parks and recreational facilities.
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(a) This account shall be used solely for the acquisition, improvement,
expansion or implementation of parks and recreational facilities in
the city.
(b) Funds shall be used first for the purpose of providing park or
recreational facilities reasonably related to serving the subdivision
by purchasing land or by improving the land for park and
recreational purposes.
(c) If both adequate land and improvements exist in the area. funds may
be spent to acquire or improve park and recreational facilities
elsewhere in the city.
(2) The amount of the park impact fee collected pursuant to this ordinance
plus any interest accrued may be returned to the person or entity that paid
the fee. upon petition for refund, only if such fees have not been
expended or encumbered by the end of the fiscal year immediately
following the sixth (6th) anniversary of the date upon which such fees
were paid.
(3) Refunds shall be made in accordance with the following procedure:
(a) The completed petition for refund must be submitted to the Director
of Parks, via certified mail return receipt requested, and shall consist
of:
1. A notarized sworn statement that the applicant was the entity
that paid the impact fee;
11. A coPy of the dated receipt issued for payment of the impact
fee or such other record that would indicate payment/credit for
such fee;
111. A certified copy of the latest recorded deed; and
IV. A copy of the most recent ad valorem tax bill.
(b) Within ninety (90) days from the date of a receipt of a complete
petition for refund:
1. The Director of Recreation and Parks will advise the applicant
of the status of the request for refund; and
11. If such impact fee or portions thereof have not been spent or
encumbered within its applicable time period, then the fee or
portion thereof not spent or encumbered shall be returned to
the applicant.
For the u oses of this section fees collected shall be deemed to be
spent or encumbered on the basis of first fee in, first fee out.
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Section 3.
Each and every other provision of Chapter 26, not herein specifically
2 amended shall remain in full force and effect as previously enacted.
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Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
4 same are hereby repealed.
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Section 5.
Should any section or provision of this ordinance or portion hereof,
6 I any paragraph, sentence or word be declared by a court of competent jurisdiction to be
7 invalid, such decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
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Section 7.
This ordinance shall become effective immediately after passage.
FIRST READING this J!L day of -.:tJJC1JvJ-u
, 2006.
SECOND, FINAL READING AND PASSAGE this
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day of
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,2006.
CITY OF BOYNIQN"-BEACH, FLORIDA
t'. ___--..-.- ~1
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(CORPORA TE SEAL)
S:ICCI WPIORDINANCES\2006IPark Fee Ordinance version 031706.doc