02-032ORDINANCE NO. 02- O ~t,
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING PART IH, LAND DEVELOPMENT
REGULATIONS, CHAPTER 1 ARTICLE V IMPACT
FEES AND DEDICATIONS TO PROVIDE
CLARIFICATION OF LANGUAGE AND INTENT
BY AMENDING THE ENACTING ORDINANCE NO.
02-016, SECTIONS A.2.B(2), DEFINITION OF
"APPLICANT", "IMPACT FEE
IMPOSITION":; FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance 02-016 was adopted by the City Commission on May 7,
2002, which implemented a park and recreation facilities impact fee; and
WHEREAS, the City Commission upon recommendation of staff, deems it
necessary and appropriate to clarify certain language in that Ordinance to assure proper
implementation and intent; and
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
Section 1. That 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 Beach Parks and Recreation. Facilities Impact Fee.
A. Parks and recreational areas.
2. RECREATIONAL AREAS.
(1) PURPOSE OF IMPOSITION OF FEE.
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(2) DEFINITIONS. When used in this section, the following terms shall have the
following meanings:
Applicant shall mean the person or entity applying or required to apply for a building
permit by the City code, for the construction of ~ three or more dwelling units or for
the construction mod4~ati, o.-~t~x~, ,~
~-- ~ ......... ,-2 .... one or more dwelling units: Mthin a develo~
of tlu-ee or more un/ts.
(3). IMPACT FEE 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
constmcted~ be~, within the City limits.
Section2. Each and every other provision of Part III of the ~Land
Development Regulations, Article V Impact Fees and Dedications, Section 3, not herein
specifically amended shall remain in full force and effect as previously enacted.
Section 3. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 4. Should any section or provision of this ordinance or portion hereof,
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 immediately after passage.
FIRST READING this oq day of ~,.Jo,~.~, , 2002.
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f~ SE.,C.~ND, FINAL READING AND PASSAGE this
/-r~~ , ~oo2.
day of
CITY~ BO//~2'~TO/BEA~CH, FLORIDA
M~yor ! ~
.ommissioner
Commissioner
ATTEST:
City Clerk
(CORPORATE SEAL)
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