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02-016ORDINANCE NO. 02-0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III OF THE LAND DEVELOPMENT REGULATIONS, ARTICLE V IMPACT FEES AND DEDICATIONS, SECTION 3 PROVIDING FOR IMPLEMENTATION OF A PARK AND RECREATION FACILITIES IMPACT FEE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan, by Policy No. 1.8.2 requires a review of the Parks Impact fees every five years; and WHEREAS, as a result of this review, staff recommends the imposition of a park and recreation facilitates impact fee to provide a source of revenue to fund the construction improvements of the City park system; and WHEREAS, the implementation of this ordinance will ensure that all future ;idential 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 I[provide such facilities in accordance with the open space and recreation element of the I lcomprehensive plan; NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: Section 1. That Article IV Land Impact Fees and Dedications, Article V. Impact Fees and Dedications, Section 3. Boynton Beach fees/dedications., is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck through type, as follows: Section 3. Boynton. Beacl~. '~~a~.o~ Parks and Recreation Facilities ~ 'Fee. A. Parks and recreational areas. 2. RECREATIONAL AREAS. S:\CA\OrdinanceskParks 3Park Fee Ordinance - Rev 050802.doc a. PURPOSE. This subsection is enacted to insure that future land development within the city provides land and facilities for park or recreational purposes in accordance with the open space and recreation element of the comprehensive plan adopted by the City of Boynt{m Beach~4e~ :\CA\OrdinanceskParks~Park Fee Ordinance - Rev 050802.doc :\CA\Ordinances~Parks~ark Fee Ordinance - Rev 050802.doc parl~n.da~ '-v~'_:.:*othe~' ":' .::~ · we~ ~fthe l~d v,~ "~d (d) AM~~~..~! L~~A~~ON. ~ere a ~}. the t~ma.r~ value of~ an~i o~nd ~ich w{~ otherx~ ~ph A,2.d abc~. The ~ sh~-~ to the ~visi~d in · ~:~ an~~~al.c~~e to be~d. If a ~~~k. ~ ~ . '7,-:': th~bdi~ ~, to t2hc f~ marke~ v~ ~ ther~f by c~~f (c) The fe~~ (~ity wi:t~the r-e-c-mail--nd use ~ ........ S:\CA\OrdinanceskParkskPark Fee Ordinance- Rev 050802,doc te-beTp~ ~ o~d m:~by the ~"*,,re ...... ~~ ~ati~me~in l~ Ci~~issi~lnds k is in the ~bl:i.c i.n~st t~~all ~. '..g, ~'ds are (c) 'I~~~e op~~ restricted Ihtu~e o~~~nd ~~aiec!~elh~ted wit~t the ~~~ the !~a~rk ~c ~e~'eme-~!isme~~r a eombination of.s~ and ~~nal" ...... ' .mo ~wfll m~ ..... .,~.re~mk ~ ~+' ~ents of~ and "4 ~* .5 0 .25. .25 S :\CA~Ordinances~Parks~Park Fee Ordinance - Rev 050802.doc £ P~DU~.~E, T&e C~-y-C-emmis:~all 4etermine ?ursuant to om.~_...~_4~:., r> < ~j ...... ..~,~,,.~ ~o.4 ts be ~d and/or ~ be p~ s-~d:ivi -4~. )~t t~-Vime $~e4-14it~g-ef'-the su~S~n final p~a~ for-app~oYa!,-the ~~2 furnish r~ in the amo~p2 c~ one hup~re&ten .~:r corot (! 10%) of -~Uch sha!!~e a !~n a~~~t~e! shaU be .~rior to issuance the firs~cateof occu~pan~r the t~r of title to ~~ or ~nh of the la~ ~rove,monts the~to. h. NONRE~AL gUBDIVI~'S. The p:rox4skms of.*Ms secti~ ~1) 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 creatin~ 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 plan adopted by the City of Boynton Beach. Thc )rovisions of this section shall not apply to nonresidential subdivisions. {2) DEFiNITIONS. When used in this section, the following terms shall have the following meanings: 4pplicant shall mean the person or entity applying or required to apply for a building ~ermit by the City code, for the construction of one or more dwelling units or for nodification(s) to one or more dwelling units. 9wellin~ unit shall mean a living facility for not more than one household, such as a one family house, an apartment or a condominium. ~ g:\CA\Ordinances~Parks~ark Fee Ordinance - Rev 050802.doc Impact fee shall mean park and recreation facilities impact fee._ Impact £ee coordinator shall mean the Director of Parks or their designee, to perform such functions as desi.gnated under this section. _Obligor shall mean 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 Fei: ordinance.. park Shall mean a_~c_park within the City that is not owned or operated by the. County.. !al unit shall mean apartment, condominium, single,family detached house~ ._mobile home, single-family attached house or multi-family housing established for human habitation. (3). IMPACT I~'ISE IMPOSITION. The park and recreation facilities impact fee applies to all persons and entities, including but not limited to, businesses, organizations, and agencies, that possess an interest in property upon which residential units are to be, constructed, or are to be modified, within the City limits. (A). Impact Fee Coordinator. The City hereby establishes the designation of an Impact Fee Coordinator, to be the Director of Parks or the designee of the Director o[ Parks. The duties of the Impact Fee Coordinator are set forth in the Park and Recreation Facilities Im ap.3_gS_Fee Ordi~ be amended from time to time. ~ACT FEE PAYMENT PROCEDURE. Payment of Park and Recreation Impact and /or conveyance of a real property shall be made prior to the issuance of an :able building permit. If land dedication is proposed, the obligor will follow thc: llprocedures set forth in the section entitled "LAND DONATION AS IMPACT FEI5 I~)BLiGATION SATISFACTION". The Obligation for payment of the park impact fe~, Shall run with the land. IMPACT I~'ISE CALCULATION: The formula used to develop Park and Recreation :ilities ' fee assessment is set forth as Attachment A, at the end of this Section. IMPACT FEE AMO~T. The established park and recreation facilities impact fee . residential unit is as follows: Type qf_ Impact Fee pet: Dwelling Unit Dwelling Unit Single Family, detached $940 Single Fami!¥, attached $771. Multi-family $656 S:\CA\Ordinances~Parks~Park Fee Ordinance - Rev 050802.doc 7 CREDIT TOWARDS IMPACT FEE IMPOSITION: Where a buildin consistin of one or more dwellin units is re laced b another buildin of one or more dwellin units there shall be a credit a ainst the a ent of the fees im osed herein of the amount that would have been aid for the destro ed or removed buildin had it been assessed hereunder or if it had been assessed hereunder of the amount of the im act fee actuall )aid, all of the ark and recreation facilities im act fee obli ation ma be satisfied b dedication of land to the Cit for ark and recreation facilities at the discretion of the ,llows: (A) The City Commission shall determine whether it ~ land dedication ~'e.u of a fee_ by consideration of the following:. 1. S~it-~. The .land should be_ suitable for future !ark and recreation facilities based upon the s~ze, shape, topography, geolo~y~ access and location of the proposed development;. 2. No defects. The land must have no known h sical roblems such as ~ with ~ or fl~te safet', hazards. associated with 3. Consistenc . The location of the land and its otential for develo ment should be consistent wkh the Cit's corn rehensive park and recreation land use pl~de water based recreation in accordance with the Cit ,'s Corn rehensive Plan, waterfront ark sites acce table to the Cit',~ shall be enco'ura ed. (B) PROCEDURE. The value of the credit to the ~m act fee obh auon shall be the fair market value of the proposed dedicated land, as determined by the. procedure set forth in this section. 1. The value of the roi osed land to_be dedicated shall':e based u on 'a written a~:.raisal of fair market ~'fied and rofessional a raiser and based u on corn arable sales of similar ro err betw.een unrelated arties in a bar ainin transaction if available. The a rinser must be a Member of the Appraisal Institute (M.A.I.), _~..m._us.t.have_his/.her ~for bus,ss ~ Martim Palm:_Beach~ 'Br~?ward C~ 'and. must have been uali'fied to testif as an ex err on land valuation in a Com~~ least ~ h~volvin-, a ~t .l entity. 2. Prior to issuance of a buildin ermit the a licant shall submit to the ~ a :ro osed ,lan for the_dedication_of land for :\CA\OrdinanceskParkskPark Fee Ordinance - Rev 050802.doc ~e satisfaction._ The ~ shall include ~ descri-tion of the land _ a writte~of the la~ Croposed date for the donation of the land. 3. U on recei t of the ro osed lan the Im act Fee Coordinator shall schedule a hearin before_the Cit~mission~ schedule_d meeti~ of reviewin_ the_ ro :osed -lan and shall ~de the a: licant written notice of the_ time ~ of the hearin .g=. Such~ shall be held in accord_ance with the CitxZ C~onm~ission rules for cond~-J_udicial hem'imzS........ · 4. Nothing contained herein should be construed to prevent the City Corn_ mission from exer~ its author__qr2~ to decline the donation o f land a~s partial or full satisfaction of the park and recreation impact fee. (C) In the case where the applicant proposes, ~ or the City Commission {~es a dedication of land, the fair market value of said land will be credited to the applicant against the impact fee as set forth in this section. If thc fair market value exceeds the applicant's impact fee obligation, thc reimbursement will be made to the applicant by direct cash pawnent from thc trust fund. (9) USE OF PARK IMPACT FEE PROCEEDS. (A). The funds collected pursuant to the Park and Recreation Facilities Impact Fee ordinance shall be paid to the City of Bovnton Beach and placed in a trust fund to be known as the reserve for parks and recreational facilities. This account shall bc used solely for the acquisition, improvement, expansion or implementation of parks and ~-ecreational facilities in the City of Boynton Beach. Funds shall be used first for the purpose of providing park or recreational facilities reasonably related to serving said subdivision by way of the purchase of land, or, .for improving said land for park and recreational purposes. 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._ (B). 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 fe~ upon petition for refund, only if such fees have not been expended o~ encumbered by the end of the fiscal year immediately following the sixth (6). anniversary of the date upon which such fees were paid. Refunds shall be made in accordance with the following procedure: 1. The completed petition for refund must be submitted to the Impact Fee Coordinator via certified mail, return receipt requested, and shall consist of: ;:\CA\Ordinances~Parks~Park Fee Ordinance - Rev 050802.doc a. A notarized sworn statement that the petitioner was the entity that paid the impact fee; b. A copy of the dated receipt issued for pa_wnent of the impact fee or such other record that would indicate pa_wnent/credit for such fee;. c. A certified copy of the latest recorded deed; and d. A copy o£the most recent ad valorem tax bill. Within ninety (90) days from the date of a receipt of a complete petition for refund, the impact fee coordinator will advise thc petitioner of the status of the request for refund, and if such impac[ 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 petitioner. For the purposes of this section, .fees collected shall be deemed to be spent or encumbered on the basis of first fee in, first fee out. B. Adequacy of sites for utilities and public facilities. As part of the review and approval of development projects, the city shall evaluate the need for sites for major utility and public facilities and require dedication of same, withoUt penalty for the density or intensity of use, where doing so ~ould be reasonably possible; otherwise consider the purchase of property, if dedication of land is not feasible. C. Utility fees. Capital facility charges, connection charges, reservation fees and/or Other additional charges associated with water, sewers and city utilities are outlined in Chapter 26, Part II (Code of Ordinances). Section2. Each and every other provision of Chapter 26, not herein ,ecifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict hdrewith be and same are hereby repealed. :\CA\Ordinances~arks~Park Fee Ordinance - Rev 050802.doc Section 4. Should any section or provision of this ordinance or portion hereofi any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective ninety (90)days after passage. FIRST READING this o~ dayof SECOND, FINAL READING AND PASSAGE this t"'"[ ~,,,~ ,2002. ! , 2002. day of__ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK S:\CA\OrdinanceskParks~Park Fee Ordinance - Rev 050802.doc ATTEST: 'Clerk Vio~e~~.~.~-~ w'~ ommissioner ;:\CA\Ordinances\LDR Changes~Park Fee Ordinance.doc Attachment A The cos~ C_~;-ira .~.~3'k [and ~~__of_~crec~tiongI_~cili~y is cdc~da~~ed by Standard x Av~ = Cost Per Cost Per ac~htv by m,ero ~e cost e~ ~ciJitv. The standard uontit ; is ba~ed on actual ' rovision. The land value is the avera~:~e ~mYessed value 2er oc~e o al] vacon[ 2~ eels' w~t'hm~ , ~,- ........... /% -cres An acMY'ional Thirtv-thousam~O 00~) ]~n added to the a¥~~ed wd~~qos~s' The robie below hsL~' the corn ~onents o land and f~;w~hz~es thot make u multi hdn , the s~andard ~ uantitv by the avero ,'e cost. COMP(&~N~ SZ4NDARD A P~E/L40_ E_Cf OST COST PER ~'-' ...... - P.;{~RJ'TAP.IT. .... ~ CER .F.4(7.~LIT.Y CAI I.l.~. ];_:?g~ acres O, 004916' ~173 9, ,, ~, ~ff, 4 $855, I ~rounds' O. 000248 $~$0,000 $.12.40 BaskeZbafl Courts O, O00.l.9j~ ~ $5. 97 [2~?dbajb~i~ocq~aI[ Courfs O. 000099 $68~ 00~ $6.73 Bas~cVLbail lh~]d,~. - ~'~ulh O. O00l I.~i $2 75, OOd2 - , ~ ~ $330,000 $5.95 .BasebdUSo~~ - d. duIts 0 000 .).l / .......... Footbdl/Soccer Fields O. 00.)01 / $350,000 Tennis Courts O. 000464 ~, 40, 000 $18, 56 ~ bo~.(,ou; ts O, 000265 $.15, 000 $ 3, .9c ]~icnic Area.~ O. O00.t 67 5.~0~ Fitness T?ai[s 0 00038._~ ~ $.18, d7 ~, COST Pb~R CA?tT~ $973 d2 S:\CA\Ordinances~Parks~Park Fee Ordinance - Rev 050802.doc $97&62 Q/her Reyenues per Ca.~ ~act Fee .D_weff, i;/w.v Unit detached NeL~vded Cost 60.24 $3d0.24 S3d0. 24 Dwe~lb~z .1.82 ?4...(~ $656 The ersons- er-unit numbers are currentl based on the 1990 Census data. The numbers will be reviewed when such data rom Census 2000 becomes available. S:\CA\Ordinances~Parks~Park Fee Ordinance ~ Rev 050802.doc