23-013 1 ORDINANCE NO. 23-013
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING THE LAND
5 DEVELOPMENT REGULATIONS ("LDRS"), CHAPTER 2, LAND
6 DEVELOPMENT PROCESS; ARTICLE VI "IMPACT AND SELECTED
7 FEES" TO AMEND SECTION 2 TO ADOPT A COMPREHENSIVE
8 IMPACT FEE SCHEDULE FOR PARKS AND RECREATION
9 FACILITIES; ADOPTING AN IMPACT FEE STUDY; ESTABLISHING
10 CRITERIA AND ADMINISTRATIVE PROCEDURES FOR INDIVIDUAL
11 ASSESSMENT OF IMPACT FEES, REFUNDS, CREDITS, AND
12 COLLECTION OF FEES; CREATING SECTION 9 TO CREATE AN
13 IMPACT FEE SCHEDULE; PROVIDING FOR IMPLEMENTING
14 ADMINISTRATIVE ACTS; PROVIDING FOR CODIFICATION;
15 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
16 AND PROVIDING FOR AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission retained the firm of Raftelis Financial Consultants, Inc. to
19 study the need to impose impact fees for parks and recreation facilities; and
20 WHEREAS, Raftelis Financial Consultants, Inc. has prepared and presented to the City
21 Commission a report titled,"City of Boynton Beach 2023 Parks and Recreation Impact Fee Study,"dated
22 May 19, 2023 (hereinafter the "Technical Report") which establishes the proportionate share of new
23 development's impacts on the public facilities for which impact fees are collected pursuant to this
24 Ordinance; and
25 WHEREAS,the Technical Report has been presented to and reviewed by the City Commission,
26 which has determined: (1) that impact fees are necessary to offset the costs to the City associated with
27 meeting the necessary public service and facility demand created by projected new residential and non-
28 residential development;(2)that the amount of the impact fees bears a reasonable relationship to the burden
29 imposed upon the City to provide the new public facilities addressed in the Technical Report to new
30 development, (3) the expenditure of impact fees, pursuant to the terms of this Ordinance, will result in a
31 beneficial use to such new development reasonably related to the impact fees,per dwelling unit,by type;
32 (4)that a"rational nexus"exists between the projected new development and the need for additional public
33 facilities to be funded via the development fees; and (5) that the amount of the development fees is
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34 "proportional"to the fair share of the additional public facilities needed to provide adequate service to new
35 development; and,
36 WHEREAS, the City of Boynton Beach's Comprehensive Plan establishes the policy that
37 incorporates a review process for assessing the adequacy of public services and facilities and does not
38 allow new development unless adequate public capital facilities exist or are assured; and
39 WHEREAS,the City of Boynton Beach's Comprehensive Plan further establishes the policy that
40 new development is required to pay its proportionate share of required improvements for new or expanded
41 public capital facilities required by such development; and
42 WHEREAS, the City Commission has amended the Comprehensive Plan to include a Capital
43 Improvement Schedule for public facility improvements to serve new development subject to the payment
44 of impact fees,as supported by the Technical Report;and
45 WHEREAS,pursuant to §163.31801,Fla. Stat.:
46 (a) the Technical Report,and the impact fees recommended therein, are based on the most recent and
47 localized data; and
48 (b) this Ordinance includes procedures for accounting and reporting of impact fee collections and
49 expenditures in order to assure compliance with applicable legal standards; and
50 (c) this Ordinance includes separate accounting funds for each public facility for which an impact fee
51 is collected; and
52 (d) administrative fees charged pursuant to this Ordinance for the collection of impact fees are limited
53 to actual costs; and
54 (e) this Ordinance requires audits of the City's financial statements to include an affidavit of the City's
55 chief financial officer stating that the requirements of§163.31801, Fla. Stat. have been complied
56 with; and
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57 (f) this Ordinance requires that the collection of the impact fee will not be required earlier than the
58 date of issuance of the building permit for the property that is subject to the fee; and
59 (g) the Technical Report demonstrates that the impact fees are proportional and reasonably connected
60 to,or have a rational nexus with,the need for additional capital facilities and the increased impact
61 generated by the new residential construction; and
62 (h) the Technical Report and this Ordinance show that the impact fees are proportional and reasonably
63 connected to,or have a rational nexus with,the expenditures of the funds collected and the benefits
64 accruing to the new residential construction; and
65 (i) this Ordinance specifically earmarks funds collected under the impact fee for use in acquiring,
66 constructing, or improving capital facilities to benefit new users and does not pay existing debt or
67 for previously approved projects unless the expenditure is reasonably connected to, or has a
68 rational nexus with, the increased impact generated by the new residential or nonresidential
69 construction; and
70 WHEREAS, the Techical Report distinctly demonstrates the extraordinary circumstances
71 necessitating the need to exceed the phase-in limitations contained in §163.31801, Fla. Stat. and thereby
72 justifying the increases to the Parks and Recreation Facility Impact Fees above the 50%limitation; and,
73 WHEREAS, on May 30, 2023 and June 6, 2023, the City held publicly noticed workshops
74 dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations
75 contained in §163.31801, Fla. Stat. justifying the increases to the Parks and Recreation Facility Impact
76 Fees,a copy of the presentations are on file with the City Clerk and incorporated herein by reference; and,
77 WHEREAS,the impact fees assessed pursuant to this Ordinance are necessary to ensure the public
78 health,safety, and welfare of the residents of the City of Boynton Beach.
79 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
80 OF BOYNTON BEACH,FLORIDA:
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81 Section 1: The foregoing"WHEREAS"clauses are hereby ratified as being true and correct
82 and are hereby made a specific part of this Ordinance upon adoption hereof.
83 Section 2: Part III, Land Development Regulations; Chapter 2, Land Development Process;
84 Article VI, Section 2 entitled"City Parks and Recreation Facilities Impact Fee or Land Dedication"of the
85 Code of Ordinances of the City of Boynton Beach,is repealed in its entirety and replaced to read as follows:
86 Sec.2 • ' . ' • • • New Development Impact Fees
87 (A) Procedural and Administrative Requirements
88 (1) Purpose and Authority
89 (a) The City Commission of the City of Boynton Beach recognizes that growth and development
90 in the City will require that the capacity of the City's public facilities be expanded in order to
91 maintain adequate levels of service, and that without a funded program for public facility
92 improvements, new growth and development will have to be limited in order to protect the
93 health, safety,and welfare of the citizens of the City of Boynton Beach.
94 (b) The City Commission has completed a study establishing the type, amount, and cost of
95 projected public facility improvements needed to serve new growth and development.
96 (c) The purpose of this Section is to ensure that new growth and development that is approved by
97 the City pays a fair share of the costs of public facilities needed to serve new growth and
98 development.
99 (d) This Section, which requires new development to pay reasonable impact fees, requires new
100 development to pay its pro rata share of the reasonably anticipated expansion costs of new
101 public facilities created by new growth and development,which is the responsibility of the City
102 in order to carry out its Comprehensive Plan,as amended,and adopted under Section 163.31611
103 et seq., Florida Statutes, and is in the best interest of the public health, safety,and welfare.
104 (e) The City Commission of the City of Boyton Beach has determined that it is in the best economic
105 interests of the citizens of the City to ensure that certain forms of development be exempt from
106 the requirements of payment of certain impact fees.
107 (f) The technical data, findings and conclusions herein are based on the Comprehensive Plan, as
108 amended,and the Technical Report.
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109 (2) Adoption of Technical Report as Basis of Impact Fees
110 The City hereby adopts and incorporates by reference, the report entitled "City of Boynton
111 Beach 2023 Parks and Recreation Impact Fee Study," prepared by Raftelis Financial
112 Consultants,Inc.,and dated May 19,2023(referred to herein as the"Technical Report),which,
113 among other things, supports the amounts and reasonableness of the impact fees imposed by
114 this Article.
115 (3) Interpretations of Sections and fee schedule.
116 Interpretation of the provisions of this Section shall be made by the City Manager or the City
117 Manager's designee.
118 (4) Effect on other regulations and requirements
119 (a) This Section may not be construed to alter, amend, or modify any other provision of the City's
120 LDRs and Code of Ordinances. Other provisions of the City's LDRs and Code of Ordinances
121 shall be operative and remain in full force and effect notwithstanding any contrary provisions,
122 definitions,or intentions that are or may be expressed or implied in this Section.
123 (b) The payment of impact fees shall not entitle the applicant to a building permit unless all other
124 applicable land use, land development, zoning, planning, concurrency, and other applicable
125 requirements, standards, and conditions have been met. Such other requirements, standards,
126 and conditions are independent of the requirement for payment of impact fees required by this
127 Section.
128 (c) This Section, including the specific impact fee ordinances for particular public facilities,shall
129 not affect,in any manner,the permissible use of property,density or intensity of development,
130 design and improvement standards,or other applicable standards or requirements of the LDRs.
131 (B) Definitions
132 Article II,of Part III of the LDRs entitled Definitions and general rules of construction shall apply
133 to this Article. However,the following words,terms,and phrases,when used in this Section,shall
134 have the meanings ascribed to them in this subsection,except where the context clearly indicates a
135 different meaning:
136 Alternate park impact fee shall mean the alternate to the parks and recreation impact fee
137 pursuant to Section 9 of Article VI of the LDRs.
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138 City park system shall include all parks and recreation facilities owned and operated by the
139 City and designed and intended to serve all City residents, including active parks,passive parks,
140 water access sites, and associated recreational facilities and buildings, but does not include those
141 parks and recreational facilities that are owned and operated by anv private entity, the federal
142 government, or Palm Beach County or those parks and recreational facilities that are owned and
143 operated by the State of Florida.
144 Developer shall mean a person,corporation,organization,or other legal entity undertaking
145 development.
146 Development shall mean any new residential or nonresidential construction or expansion
147 of building(s) or structure(s), or any changes in the use of any building(s) or structure(s) or land
148 use that will generate additional impact on the City's public facilities.
149 Encumbered shall mean legally obligated or otherwise committed to use by appropriation
150 or contract.
151 Fair share shall mean that share or portion of the cost of public facility improvements
152 which is reasonably connected to, or has a rational nexus with, the need for additional capital
153 facilities and the increased impact generated by the new residential or commercial construction.
154 Fee paver shall mean a person undertaking development who pays a fair share impact fee
155 in accordance with the terms of this Section.
156 Impact fee shall mean a fee imposed pursuant to this Section.
157 Impact fee account shall mean an account established by the City for the purpose of
158 segregating impact fee revenues collected for a particular public facility from all other City funds.
159 Infrastructure means a fixed capital expenditure or fixed capital outlay,excluding the cost
160 of repairs or maintenance, associated with the construction, reconstruction, or improvement of
161 public facilities that have a life expectancy of at least 5 years; related land acquisition, land
162 improvement, design, engineering, and permitting costs; and other related construction costs
163 required to bring the public facility into service. The term also includes a fire department vehicle,
164 an emergency medical service vehicle, a police department vehicle, and the equipment necessary
165 to outfit the vehicle for its official use.
166 Level of service is a measure of the availability and accessibility of public facilities in
167 support of public facility services.
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168 Non-commencement shall mean the cancellation of construction activity making a material
169 change in a structure, or the cancellation of any other development activity making a material
170 change in the use or appearance of land.
171 Parks and recreation facilities shall mean the land, buildings, structures, equipment and
172 facilities as may be necessary to meet the needs for the City parks and recreation system,which are
173 created by new development,including those costs which are incidental to the above.
174 Parks and recreation facilities capital costs include, but are not limited to, capital costs
175 associated with the planning, design and construction of new or expanded parks and recreation
176 facilities which have a life expectancy of five or more years, and the land acquisition, land
177 improvement, design, and engineering related thereto. Such costs do not include routine and
178 periodic maintenance expenditures or personnel,training, or other operating costs, but do include
179 the following as they relate to the provision of parks and recreation facilities:
180 (1) The cost of all labor and materials;
181 (2) The cost of all lands,property, rights, easements and franchises acquired, including costs
182 of acquisition or condemnation;
183 (3) The cost of all plans and specifications;
184 (4) The cost of new equipment;
185 (5) The cost of all construction,new drainage facilities in conjunction with new buildings and
186 structures, and site improvements required in accordance with the Comprehensive Plan
187 and/or LDRs;
188 (6) The cost of relocating utilities to accommodate new construction;
189 (7) The cost of planning,engineering and legal services;
190 (8) The cost of all land surveying, and soils and materials testing; and
191 (9) The cost of mitigating negative impacts of construction including natural resource impacts,
192 environmental impacts,noise impacts,air quality impacts,and community impacts.
193 Public facilities shall mean means major capital improvements, including, parks and
194 recreational facilities. for which impact fees are collected pursuant to this Article.
195 Public facilities capital costs include parks and recreation facilities capital costs.
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196 Technical report shall mean the"City of Boynton Beach 2023 Parks and Recreation Impact
197 Fee Study,"prepared by Raftelis Financial Consultants, Inc.,and dated May 19,2023.
198 (C) Applicability of this Section.
199 (1) Affected area.
200 This Section shall apply to all new development within the City. Impact fees for particular public
201 facilities may apply to less than the entire City,only as indicated specifically in this Section.
202 (2) Type of development affected.
203 Except where specifically exempt by the provisions of this Section,this Section shall apply to all
204 new development.
205 (3) Type of development not affected.
206 Exemption for governmental or public facilities.Governmental or public facilities are exempt from
207 the requirement that impact fees be paid.
208 (a)Such facilities are those parcels, grounds,buildings or structures owned by municipal,
209 County, State or federal governments,the Palm Beach County School Board or the South
210 Florida Water Management District and related to the operation of those entities and used
211 for governmental purposes including, but not limited to, governmental offices,police and
212 fire stations, airports, seaports, parking facilities, equipment yards, sanitation facilities,
213 water control structures, schools, parks and similar facilities in or through which general
214 government operations are conducted.
215 (b)This exemption also includes privately-owned properties or facilities that are leased to
216 a governmental entity for the exclusive purpose of establishing a temporary public facility
217 while the permanent public facility is being constructed,provided that impact fees shall be
218 assessed at the time another use is established on such property or in such facility.
219 (c)It is provided, however, the following shall not be considered governmental or public
220 facilities and shall be subject to payment of impact fees:
221 (i)Privately owned properties or facilities leased for governmental operations or
222 activities,except as provided in this subsection;and
223 (ii)Public properties or facilities used for private residential,commercial,or
224 industrial activities.
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225 (D) Collection of impact fees;when not paid by mistake or inadvertence; liens
226 (1) Collection. Impact fees required by this Section shall be assessed against new development and
227 collected in full at the time of the issuance of a building permit by the City. The City may withhold
228 the issuance of a TCO or CO until the applicant has paid in full the applicable impact fees imposed
229 by this Section. The obligation for payment of assessed impact fees shall run with the land. The
230 City Commission may establish and collect an administrative charge (which will be limited to
231 actual costs)to offset its actual costs of impact fee collection by adoption of a resolution.
232 (2) Collection of fees when not paid by inadvertence;liens. If the impact fees are not paid as required
233 by this Section prior to the issuance of a certificate of occupancy because of mistake or
234 inadvertence,the City shall proceed to collect the impact fees as follows:
235 (a) The City shall serve,by certified mail,return receipt requested,an impact fee statement notice
236 upon the applicant at the address set forth in the application for building permit,and the owner
237 at the address appearing on the most recent records maintained by the property appraiser of
238 Palm Beach County. The City also shall attach a copy of the impact fee statement notice to the
239 building permit posted at the affected construction site if the building is under construction.
240 Service of the impact fee statement notice shall be deemed effective on the date the return
241 receipt indicates the notice was received by either the applicant or the owner or the date said
242 notice was attached to the building permit,whichever occurs first.
243 (b) The impact fee statement notice shall contain the legal description of the property and shall
244 advise the applicant and the owner as follows:
245 (i) The amount due and the general purpose for which the impact fee was imposed.
246 (ii) That the impact fee shall be delinquent if not paid and received by the City within 60
247 calendar days of the date the impact fee statement notice is received,excluding the date of
248 receipt, and,upon becoming delinquent, shall be subject to the imposition of a delinquent
249 fee and interest on the unpaid amount until paid;
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250 (c) That in the event the impact fee becomes delinquent, a lien against the property for which the
251 building permit was secured shall be recorded in the Official Records Book of Palm Beach
252 County. The impact fee shall be delinquent if, within 60 calendar days from the date of the
253 receipt of the impact fee statement notice by either the applicant or the owner, or the date said
254 notice was attached to the building permit,neither the impact fees have been paid and received
255 by the City,nor a hearing requested pursuant to the requirements above. In the event a hearing
256 is requested,the impact fees shall become delinquent if not paid within 30 calendar days from
257 the date the City Commission determines the amount of impact fees due upon the conclusion
258 of such hearing. Said time periods shall be calculated on a calendar day basis, including
259 Sundays and legal holidays, but excluding the date of the earliest receipt of said impact fee
260 statement notice or the hearing date of the City Commission's decision in the event of an appeal.
261 In the event the last day falls on a Sunday or legal holiday,the last due date prior to becoming
262 delinquent shall be the next business day.Upon becoming delinquent,a delinquency fee equal
263 to ten percent (10%) of the total impact fee imposed shall be assessed. Such total impact fee,
264 plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on
265 a calendar day basis,until paid.
266 (d) Should the impact fee become delinquent,the City shall serve,by certified mail return receipt
267 requested,a"Notice of Lien"upon the delinquent applicant if the building is under construction
268 at the address indicated in the application for the building permit, and upon the delinquent
269 owner at the address appearing on the most recent records maintained by the Property Appraiser
270 of Palm Beach County. The notice of lien shall notify the delinquent applicant and owner that
271 due to their failure to pay the impact fee,the City shall file a Claim of Lien with the Clerk of
272 the Circuit Court in and for Palm Beach County.
273 (e) Upon mailing of the notice of lien,the City Attorney shall file a claim of lien with the Clerk of
274 the Circuit Court in and for Palm Beach County for recording in the Official Records of Palm
275 Beach County.The claim of lien shall contain the legal description of theproperty,the amount
276 of the delinquent impact fees and the date of their imposition. Once recorded,the claim of lien
277 shall constitute a lien against the property described therein. The City Attorney shall proceed
278 expeditiously to collect or otherwise enforce said lien.
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279 (f) After the expiration of six months from the date of recording of the claim of lien, as provided
280 herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be
281 instituted, conducted and enforced in conformity with the procedures for the foreclosure of
282 municipal special assessment liens, as set forth in F.S. §§173.04 - 173.12, inclusive, which
283 provisions are hereby incorporated herein in their entirety to the same extent as if such
284 provision were set forth herein verbatim.
285 (g) The liens for delinquent impact fees imposed hereunder shall remain liens, coequal with the
286 lien of all state, county, district and municipal taxes, superior in dignity to all other
287 subsequently filed liens and claims,until paid as provided herein.
288 (h) The collection and enforcement procedures set forth in this Section shall be cumulative with,
289 supplemental to and in addition to,any applicable procedures provided in any other ordinances
290 or administrative regulations of the City or any applicable law or administrative regulation of
291 the State of Florida. Failure of the City to follow the procedure set forth in this Section shall
292 not constitute a waiver of its rights to proceed under any other ordinances or administrative
293 regulations of the City or anv applicable law or administrative regulation of the State of Florida.
294 (E) Individual assessment of impact fees.
295 (1) Any applicant prior to or in conjunction with the submission of an application for a building permit
296 or within 30 days of the date of payment of impact fees, may petition the City Manager or City
297 Manager's designee for a determination that: i)the amount of the impact fees imposed on the new
298 development is inappropriate based on the specific land use category applied to the residential or
299 nonresidential development and/or based on the amount of development used to calculate the
300 impact fees and/or based on the service units,as identified in the Technical Report,to be generated
301 by the applicant's new development as documented by studies and data supported by qualified
302 experts,or ii)the impact fees are otherwise unlawfully imposed.The petition shall specify in detail
303 the basis on which the applicant asserts that the amount of the impact fees is inappropriate or
304 unlawful.
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305 (2) The petition shall be on a form provided by the City and shall,at a minimum,include:identification
306 of the disputed factor(s),a detailed statement asserting the basis for the dispute,the data relied upon
307 by the petitioner, a detailed statement by a qualified professional engineer, planner or other
308 appropriate professional, and, if filed after payment of impact fees, a dated receipt for payment of
309 the impact fees issued by the City's Development Department. The applicant/petitioner shall be
310 responsible for all costs incurred by the City in reviewing and evaluating the petition,including but
311 not limited to, staff time and costs of outside consultants used at the discretion of the City. Failure
312 to timely file a petition for impact fee determination shall waive any right to challenge,review or
313 recalculate the impact fee payment.
314 (3) Within 30 business days of receipt of an individual assessment analysis,the City Manager or City
315 Manager's designee shall determine if the individual assessment analysis is complete. If the City
316 Manager or City Manager's designee determines the application is not complete,they shall send a
317 written statement specifying the deficiencies by mail to the person submitting the application. Until
318 the deficiencies are corrected,the City Manager or City Manager's designee shall take no further
319 action on the application.
320 (4) When the City Manager or City Manager's designee determines the individual assessment analysis
321 is complete, they shall review it within 30 business days. The City Manager or City Manager's
322 designee shall approve the proposed fee if they determine that the data, factors, and methodology
323 used to determine the proposed impact fee are professionally acceptable and fairly assess the costs
324 for capital improvements to the City's public facilities systems that are necessitated by the proposed
325 development if the facilities are to be maintained at adopted levels of service. If the City Manager
326 or City Manager's designee determines that the data,factors,or methodology are unreasonable,the
327 proposed fee shall be denied,and the developer shall pay the impact fees according to the schedule
328 established in Section 9 of Article VI of the LDRs or as set by the City Manager or City Manager's
329 designee,if the use had not previously been identified in the fee schedule.
330 (5) Any applicant may appeal the City Manager's or City Manager's designee's decision on an
331 individual assessment analysis by filing a petition to the City Commission of the City consistent
332 with subsection 2(J)of Article VI of the LDRs.
333 (F) Credits.
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334 (1) Any person who initiates any development may apply for a credit against the impact fees imposed
335 by this Section for any contribution, payment, construction, or dedication of land accepted and
336 received by the City for public facilities, not otherwise required in order to obtain development
337 approval,consistent with the Comprehensive Plan,including all public facilities capital costs.
338 (2) No credit shall exceed the impact fee imposed by this Section for the proposed development,unless
339 the applicant provides public facility capacity in excess of the fair share demand created by its
340 proposed development.
341 (3) Development agreements entered into prior to the adoption of this Section which contained public
342 facility improvements may be entitled to a credit under the provisions of this Section if the
343 improvement is a public facility and is consistent with the Comprehensive Plan.
344 (4) Except as limited above,if an applicant is entitled to a credit,such credit shall be equal to the dollar
345 for dollar value of the cost of the public facilities contributed,paid for,constructed,or dedicated to
346 the City,based on the following criteria:
347 (a) The actual cost, or estimated cost of improvements based on recent bid sheet information of
348 the City; and
349 (b) A qualified appraisal of the fair market value of any land.
350 (5) The property owner shall initiate a determination of entitlement to credit by submitting a proposed
351 credit agreement to the City Manager or City Manager's designee. The credit agreement shall
352 include the following information:
353 (a) A proposed plan of specific public facility improvements, prepared and certified by a duly
354 qualified and licensed Florida engineer; and
355 (b) The estimated costs for the suggested public facilities improvements consistent with the
356 definition of public facilities capital costs,which shall be based on local information for similar
357 public facilities improvements,along with a construction timetable for the completion of such
358 improvements.
359 (6) The proposed credit agreement shall be prepared by qualified professionals in the field of planning
360 and/or engineering, impact analysis, and economics, as related to the particular impact fee to be
361 credited.
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362 (7) Within 30 business days of receipt of the proposed credit agreement, the City Manager or City
363 Manager's designee shall determine if the proposal is complete. If it is determined that the
364 proposed credit agreement is not complete, the City Manager or City Manager's designee shall
365 send a written statement to the applicant outlining the deficiencies. The City Manager or City
366 Manager's designee shall take no further.,action on the proposed credit agreement until all
367 deficiencies have been corrected or otherwise settled.
368 (8) Once the City Manager or City Manager's designee determines the credit agreement is complete,
369 they shall review it within 30 business days,and shall recommend to the City Commission that the
370 proposed credit agreement be approved if it is determined that the proposed public facility
371 improvement is consistent with the Comprehensive Plan, and the proposed costs for the suggested
372 public facility improvement are professionally acceptable and fairly assess the cost for the capital
373 improvement. If the City Manager or City Manager's designee determines that either the suggested
374 public facilities improvement is not consistent with the Comprehensive Plan or that the proposed
375 costs are not acceptable,they shall propose a suggested public facility improvement similar to that
376 proposed,but consistent with the provisions of this Section.
377 (9) If the proposed credit agreement is approved by the City Commission, a credit agreement shall be
378 prepared and signed by the applicant and the City. The credit agreement shall specifically outline
379 the public facility improvement that will be constructed by the applicant,the time by which it shall
380 be completed,and the dollar credit the applicant shall receive for construction of the public facilities
381 improvement.
382 (10) Within 14 days after execution by the City, the credit agreement shall be recorded in the Palm
383 Beach County public records.
384 (11) If the City increases its impact fee rates,the holder of any impact fee credits,whether such credits
385 are granted under F.S. §§ 163.3180 or 380.06, or otherwise, which were in existence before the
386 increase,is entitled to the full benefit of the intensity or density prepaid by the credit balance as of
387 the date it was first established. This subsection (F) shall operate prospectively and not
388 retrospectively.
389 (12) Impact fee credits are assignable and transferable at any time after establishment from one
390 development or parcel to any other within the City and which receives benefits from the
391 improvement or contribution that generated the credits.
392 (G) Use of funds collected; impact fee accounts.
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393 (1) Impact fees collected pursuant to this Section shall be used solely for the purpose of acquisition,
394 expansion,and development of the public facilities identified in the Comprehensive Plan,the need
395 for which results from and the provision of which will benefit new development paying impact
396 fees. Allowable expenditures include,but are not limited to:
397 (a) Public facilities and public facilities capital costs identified in the Comprehensive Plan to
398 benefit new users;
399 (b) Repayment of monies transferred or borrowed from any budgetary fund of the City which were
400 used to fund the acquisition, expense and development of the public facilities identified in the
401 Comprehensive Plan where the use of the monies is reasonably connected to, or has a rational
402 nexus with, the increased impact on the public facilities generated by the new residential or
403 nonresidential construction;
404 (c) Payment of principal and interest,necessary reserves and costs of issuance under any bonds or
405 other indebtedness issued by the City to provide funds for acquisition, expansion and
406 development of public facilities identified in the Comprehensive Plan;
407 (d) Administration of the City's impact fee program to the extent that such administration costs do
408 not exceed actual costs of such administrative activities.
409 (2) Impact fees collected shall be encumbered for the construction of public facilities within seven
410 years of the date of collection.
411 (3) In order to ensure that impact fee revenues are earmarked and spent solely for the expansion of
412 public facilities necessary to offset the impacts of new development, the following provisions
413 apply:
414 (a) The City shall establish and maintain separate impact fee accounts for each public facility for
415 which an impact fee is collected, in accordance with the provisions of this Section.
416 (b) Impact fees shall be spent solely for the public facility category for which they were collected.
417 (c) Any amounts in an impact fee account not immediately necessary for expenditure shall be
418 invested in an interest bearing account and all interest income derived from such investments
419 shall be deposited in the impact fee account.
420 (4) Impact fee revenues shall remain segregated from other City funds and only impact fees and
421 accrued interest shall be maintained in the impact fee accounts.
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422 (5) Amounts withdrawn from an impact fee account must be used solely in accordance with the
423 provisions of this Section. Amounts on deposit in an impact fee account shall not be used for any
424 expenditure that would be classified as a maintenance, operations, or repair expense or to address
425 existing deficiencies in public facilities.
426 (II) Refunds.
427 (1) Any impact fee collected may be returned to the fee payer if the approved development is canceled
428 due to non-commencement of construction before the funds have been spent or encumbered.
429 Refunds may be made in accordance with this Section provided the present owner of the approved
430 development files a petition for a refund within six months from the date of non-commencement.
431 (2) A refund application shall include the following information:
432 (a) A notarized sworn statement that the fee payer paid the impact fee for the property and the
433 amount paid;
434 (b) A copy of the dated receipt issued by the City for payment of the fee;
435 (c) A certified copy of the latest recorded deed for the property; and
436 (d) A copy of the most recent ad valorem tax bill.
437 (3) Within fifteen (15) business days of receipt of a refund application, the City Manager or City
438 Manager's designee shall determine if it is complete. If the City Manager or City Manager's
439 designee determines the refund application is not complete, they shall send a written statement
440 specifying the deficiencies by mail to the person submitting the refund application. Unless the
441 deficiencies are corrected,the City Manager or City Manager's designee shall take no further action
442 on the refund application.
443 (4) When the City Manager or City Manager's designee determines the refund application is complete,
444 they shall review it within thirty(30)business days, and shall approve the proposed refund if they
445 determine that the City has not spent or encumbered an impact fee within seven(7)years from the
446 date the fees were paid.
447 (5) When the refund application is approved, the money shall be returned with interest actually
448 accrued, less any administrative charges (which will be limited to actual costs) paid to offset the
449 City's costs of collection.
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450 (6) Any fee payer may appeal the City Manager's or City Manager's designee's written decision on a
451 refund application by filing a petition with the City Commission consistent with subsection 2(J)of
452 Article VI of the LDRs.
453 (I) Updating,indexing, annual reporting,and audits.
454 (1) At least once every five years,the City shall update the Technical Report which provides the basis
455 for the impact fees imposed under this Section.
456 (2) Audits of the City's financial statements, which are performed by a certified public accountant
457 pursuant to F.S. §218.39, and submitted to the auditor general,must include an affidavit signed by
458 the Finance Director, in compliance with the requirements of F.S. §163.31801. The City will
459 provide for annual accounting and reporting of impact fee collections and expenditures and will
460 account for the revenues and expenditures of such impact fee in a separate accounting fund.
461 (3) All updates and annual adjustments to this Section shall comply with statutory requirements for
462 notice and publication.
463 (J) Appeals.
464 (1) Initiation. A fee payer may appeal a final decision of the City Manager made pursuant to this
465 Section or any provision of this Section to the City Commission, by filing an appeal, in writing,
466 with the City Clerk, within twenty (20) calendar days of the decision. The appeal shall include a
467 written notice stating and specifying briefly the grounds of the appeal. The City Clerk shall place
468 the appeal on the City Commission's agenda for a regularly scheduled meeting or a special meeting
469 called for that purpose, and forward the record of the matter that is on appeal to the City
470 Commission.
471 (2) Record. The record considered by the City Commission shall be the record of the application
472 associated with the final decision being appealed from and any other documents related to the
473 decision.
474 (3) Notice. The City Clerk shall provide the applicant at least fifteen(15) calendar days notice of the
475 Appeal before the City Commission by mail or hand delivery.
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476 (4) Hearing on Appeal. At the hearing on the appeal,the City Commission shall provide the appellant
477 an opportunity to identify the grounds for the appeal and the basis for the City Manager's alleged
478 error on the decision,based on the record.To the extent relevant,the City Manager whose decision
479 is being appealed from shall be allowed to respond, based on the record. After the presentations,
480 the City Commission may hear from any other person(s) it deems appropriate, and then based on
481 the testimony heard at the hearing and the record affirm,modify,or reverse the decision of the City
482 Manager or the provision of this Section.
483 (5) Standards. To reverse a decision of a City official,the City Commission shall find that there is a
484 clear and demonstrable error in the application of the facts in the record to the applicable standards
485 set forth in this Section. If the City Commission reverses or modifies the decision, it shall provide
486 the City official clear direction on the proper decision. In no case shall the City Commission have
487 the authority to negotiate the amount of the impact fees or waive the impact fees otherwise specified
488 in this Section. The decision of the City Commission shall be final.
489 (6) Form of Decision. The City Commission's decision on the appeal shall be in writing, and include
490 findings of fact and the application of those facts to the relevant standards.
491 Section 4: Part III, Land Development Regulations; Chapter 2, Land Development Process;
492 Article VI,Section 9 entitled"Imposition of impact fees"of the Code of Ordinances of the City of Boynton
493 Beach,is created as follows:
494 Sec.9.Imposition of impact fees.
495 The following impact fees are hereby levied on all new development,as set forth in Section 2(C)of Article
496 VI of the LDRs:
Type of Dwelling Unit Impact Fee Per Dwelling Unit Impact Fee Per Dwelling Unit
10-16-2023 10-16-2024
Single Family per Unit $1,920.00 $2,560.00
Dwellings w/2-4 Units $1,725.00 $2,299.00
Multifamily 5+Units $1,436.00 $1,914.00
497 (1) Parks and recreation impact fee.
498 (a) A parks and recreation impact fee shall be assessed and collected from new development,
499 pursuant to all applicable provisions of this Article,in accordance with the fee schedule.
500 (b) There is hereby established a parks and recreation impact fee account into which all parks and
501 recreation impact fees collected shall be deposited. Parks and recreation impact fee revenues
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502 shall be spent only on parks and recreation facilities and parks and recreation facilities capital
503 costs as provided in this Section.
504 (c) Alternate to parks and recreation impact fee:
505 (i) Land Donation in lieu of impact fee.Some or all of the park and recreation facilities impact
506 fee obligation may be satisfied by dedication of land to the city for park and recreation
507 facilities. The process of donation may be initiated by the applicant or the city upon the
508 formal filing of a development application and prior to the completion of staff reviews.
509 When staff anticipates the need for a land dedication in lieu of an impact fee, staff shall
510 notify the property owner/applicant at the pre-application conference. Staffs notification
511 to the property owner/applicant shall include a statement that only the City Commission
512 has the authority to decide when a land dedication will be required in lieu of the payment
513 of the impact fee. In either case,the decision to accept land in lieu of a fee is reserved to
514 the City Commission.
515 (ii) Master or Site Plan.When either an applicant or the city proposes a land dedication in lieu
516 of all or part of the required cash fee, the applicant shall submit to the Director of Parks
517 and Recreation a proposed plan for the dedication of land for impact fee satisfaction. The
518 proposed plan shall include a legal description of the land and a written appraisal of the
519 land,along with a proposed date for the donation of the land.Upon receipt of the proposed
520 plan, the Director of Recreation and Parks shall schedule a hearing before the City
521 Commission and provide the applicant with written notice of the time and place of the
522 hearing. Such hearing shall be held in accordance with the City Commission rules for
523 conducting quasi-judicial hearings. The City Commission, following a written
524 recommendation from the Director of Parks and Recreation and the City Manager, shall,.
525 following the public hearing determine whether it shall require a land dedication in lieu of
526 a fee by consideration of the following:
527 (1). Suitability.The land should be suitable for future park and recreation facilities based
528 upon the size, shape, topography, geology, access and location of the proposed
529 development;
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530 (2). No Defects.The land must have no known physical or environmental problems such
531 as with drainage or flooding, or on-site safety hazards associated with it; and
532 (3). Consistency. The location of the land and its potential for development should be
533 consistent with the city's Recreation and Parks Strategic Plan
534 (iii)Approval.Nothing contained herein should be construed to prevent the City Commission
535 from exercising its authority to decline the donation of land as partial or full satisfaction of the
536 parks and recreation impact fee.
537 (iv) Fair Market Value. The fair market value of said land dedicated in lieu of a cash fee will
538 be credited to the applicant against the impact fee as set forth in this section. If the fair market
539 value exceeds the applicant's impact fee obligation, the reimbursement will be made to the
540 applicant by direct cash payment from the trust fund.
541 (v) Appraisal. The value of the proposed land to be dedicated shall be based upon a written
542 appraisal of fair market value by a qualified and professional appraiser, and based upon
543 comparable sales of similar property between unrelated parties in a bargaining transaction, if
544 available.The appraiser must:be a Member of the Appraisal Institute(M.A.I.);have his or her
545 principal office for business in Martin, Palm Beach or Broward County; and have been
546 qualified to testify as an expert on land valuation in a court proceeding in at least three(3)legal
547 proceedings involving a governmental entity. The fee of the appraiser shall be paid by the
548 applicant when a dedication in lieu of a cash fee is requested by the applicant and by the city
549 when the dedication in lieu of a cash fee is initiated by the city.
550 Section 5: Codification. It is the intention of the City Commission of the City of
551 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made
552 a part of the Code and Ordinances of the City of Boynton Beach,Florida,and that Sections of this Ordinance
553 may be renumbered,re-lettered and the word"Ordinance"may be changed to"Section,""Article,"or such
554 other word or phrase in order to accomplish such intention.
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555 Section 6: Severability. If any clause,section,or other part of this Ordinance shall
556 be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
557 invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of
558 this Ordinance.
559 Section 7: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or parts
560 of Resolutions in conflict herewith,be and the same are repealed to the extent of such conflict.
561 Section 8. Effective Date. That this Ordinance shall take effect 90 days after adoption and
562 signature by the Mayor.
563
564 (Remainder of the Page intentionally left blank)
565
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566 FIRST READING this 20th day of June, 2023.
567 SECOND, FINAL READING AND PASSAGE this I rday of ju lk , 2023.
568 CITY OF BOYNTON BEACH, FLORIDA
569 YES NO
570 /
571 Mayor—Ty Penserga ‘/
572
573 Vice Mayor— Thomas Turkin
574
575 Commissioner—Woodrow L. Hay
576
577 Commissioner—Angela Cruz ✓
578
579 Commissioner—Aimee Kelley
580
581 VOTE
582 AT ST:
583
584
585
586 Moyle, De ',sus,' C Ty Pense
587 City C -rk Ma or
588
589 APPROVED AS 7O FORD:
590 (Corporate Seal) ; N 14'z v
591 i � .• •POR° �\ .
592 f�:GOR ATF. F� /
593 a;SEAL ,Michael D. Cirullo, Jr.
594 ; INCORPORATED! ,City Attorney
1920
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