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BOYNTON.8 Chapter 8 ECONOMIC DEVELOPMENT Sec. 8 - 1 Economic Development Generally. B. Eligible Business. The City Commission Sec. 8 - 2 Economic Development in Planned does hereby determine that the economic Industrial Development District. development incentives cr eated and established by this chapter shall be granted to: Sec. 8 - 1 Economic Development Generally. 1. A business now located in the Community Redevelopment Area which is improving A. Findings. or enlarging its place of business within the Community Redevelopment Area or, 1. The recitals se t forth above are hereby adopted and incorporated by reference herein to the 2. A business locating a new pl ace of same extent as if set forth here in full. business within the Community Redevelopment Area. 2. The City Commission does hereby Any business satisfying the conditions of this division find that it is necessary and appropriate and in the is hereinafter referred to as an “Eligible Business,” public interest that certain incentives in the form of which may, in its discretion, file an application with fee reductions or waivers be provided for new the City as provided below reque sting one or more of businesses locating within the Community the economic incentives established by this section Redevelopment Area in order to promote economic subject to the review, discretion and approval of the growth, to expand the ad valorem tax base, to City Commission. Nothing in this section is intended increase job opportunities for all citizens of the City, or should be construed or applied as creating or and to im prove the economic condition of the City granting any vested right i n any Eligible Business to and its residents and citizens. be entitled to any or all of the economic incentives established by this section not that there is any 3. The City Commission does hereby obligation or duty on the part of the City or the City find that the creation and use of such incentives and Commission to consider, approve, grant or provide their application to certain business in the any or all of the eco nomic incentives established by Community Redevelopment Area is in the public this section to any person, including an Eligible interest and furthers a public purpose. Business. 4. The City Commission does hereby C. Waiver of Impact Fees. Upon an find that the economic incentives contemplated by application from an Eligible Business and this section are consistent with the goals, objectives recommendation of the City Manager as provided in and principles of the Community Redevelopment Division E. below, the City Commiss ion may, in its Plan for the Community Rede velopment Area, as discretion and subject to such conditions as it may adopted by Ordinance 90 - 21 enacted on August 7, establish, waive or defer the payment of impact fees 1990, and as expanded by Ordinance No. 00 - 59 (the by the Eligible Business and the City shall pay from “Community Redevelopment Plan”), and such legally available funds the amount of such impact incentives further the purposes of the Community fees by whatever name known that would have Redevelopment Plan, and are intended to promote otherwise been paid by the Eligible Business in the and encourage private enterprise within the absence of such approval by the City Commission Community Redevelopment Area as contemplated and cause that payment to be deposited in the fund or and provided by Part III, Chapter 163, Florida account in which the impact fees are customarily Statutes. deposited. For purposes of this division, 1 2001 S - 16 Boynton Beach Code 2 “impact fees” means a land development regulatory application and determine (1) the applicant is in fact fee charged to new development which creates a need an Eligible Business, (2) the economic development for capital improvements. incentives established by this chapter are necessary and appropriate to encourage the Eligible Business to D. Waiver of Building Permit Fees. Upon an locate in the Redevelopment Area or to improve or application from an Eligible Business and enla rge an existing location within the recommendation of the City Manager as provided in Redevelopment Area, (3) the amount of funds division E. below, the City Commission may, in its necessary to pay for such economic development discretion and subject to such conditions as it may incentive being requested, and (4) sufficient funds are establish, waive or defer the payment of building available to the City to pay such costs. Upon making permit fees for the construction or improvements such a determination , the City Manager shall notify being done by the Eligible Business in the the City Commission of the application and Community Redevelopment Area and the City shall recommend to the City Commission whether the pay from legally available funds the amount of such application should be approved, approved with building permit fees and causes such funds to be conditions, or denied. The City Commission shall placed in the fund or account in which City building consider the application and the City Man ager's permit fee s are customarily deposited. For purposes recommendation at its next regular or special meeting of this division, “building permit fees” means following receipt of the City Manager's those fees charged by the City for reviewing and recommendation. At that time the City Commission inspecting structural, mechanical, plumbing, gas and may, in its discretion, accept the City Manager's electrical construction in the City. recommendation or take such other action as the Com mission deems to be necessary and appropriate, E. Water and Sewer F acilities Construction including establishing conditions to the approval of and Installation. Upon an application from an the economic development incentives that were not Eligible Business and recommendation of the City recommended by the City Manager, but the City Manager as provided in division E. below, the City Commission may not enlarge or increase the amount Commission may, in its discretion and subject to such or extent of the economic development incentive conditions as it may establish, authorize and provide beyond that requested by the Eligible Business in its for the payment by the City of the cost to construct application filed with the City Manager. and install improvements to the City's water or sewer system, or both, which are not located on property G. Implementing Actions Authorized. The owned by the Eligible Business, but which are appropriate City officials are hereby authorized and necessary or required in order for the Eligible directed to take such act ions as are necessary to Business to locate in the Redevelopment Area. For implement the provisions of this section. purposes of this division, “improvements to the City's water and sewer system” means improvements not H. Reports to the City Commission. The City located on property owned by the Eligible Business Manager is hereby directed to periodically from time such as lift stations, water lines, sewer lines, or to time report to the City Commission as to the use of oversized lines, but does not include any connections the economic development incentive s established by or any improvements located on property owned by this section, including information as to the number the Eligible Business. of new or enlarged or improved business facilities in the Redevelopment Area subject to such incentives, F. Procedure for Economic Incentive the number requesting such incentives, the dollar Applications. The City Manager shall establish value of the incentives to the businesses requesting appropriate forms and proce dures for the filing of an them, and the number of jobs created as a result of application by an Eligible Business for any of the such facilities being located within the economic development incentives established by Redevelopment Area and the amount of increase in divisions C., D., and E. of this chapter. Upon receipt the City's ad valorem tax base or other increases in of an application the City Manager shall review the City revenues. The City Manager may at any time make recommendations to 2001 S - 16 Economic Development 3 the City Commission regarding the modification of (1) A business establishing fifty economic development incentives or curtailing or (50) or more jobs to employ fifty (50) or more full - eliminating them based upon the experience of the time employees in this City, which manufactures, City with such incentives and their effe ctiveness. processes, compounds, fabricates, or produces for (Ord. No. 96 - 46, §§ 1 - 8, 11 - 11 - 96; Ord. No. 01 - 31, sale items of tangible personal property at a fixed §§ 1 - 5, 7 - 3 - 01) location and which comprises an industrial or manufacturin g plant; Sec 8 - 2. Economic Development in Planned (2) An office space in this City Industrial Development District. owned and used by a corporation newly domiciled in this City; provided such office space houses fifty (50) A. Findings. or more full - time employees of such corporation. 1. The recitals set forth above are hereby Provided that such businesses or adopted and incorporated by reference h erein to the office referred to in subsections (1) or (2) above, first same extent as if set forth here in full. begins operation on a site clearly separate from any other commercial or industrial operation owned by 2. The City Commission does hereby the same business. find that it is necessary and appropriate that certain incentives in the form of fee reduction or b. Expansion of an Existing waivers be provided for new businesses locating Business - within c ertain parts of the City zoned Planned Industrial Development (PID) in order to promote (1) A business establishing fifty economic growth, to expand the ad valorem tax base, (50) or mo re jobs to employ fifty (50) or more full - to increase job opportunities for all citizens of the time employees in the City, which manufactures, City, and to improve the economic condition of the processes, compounds, fabricates, or produces for City and it s residents and citizens. sale items of tangible personal property at a fixed location and which comprises an industrial or 3. The City Commission does hereby manufacturing plat . find that the creation of such incentives and their application to certain businesses is in the public Provided that such business interest and furthers a public purpose. increases operations on a site co - located with a commercial or industrial operation owned by the B. Eligible Businesses. The City Commission same business, resulting in a net increase in do es hereby determine that the economic employment of not less than twenty - five (25%) development incentives contemplated by this section percent. shall only be granted to new businesses or expanding existing businesses as hereinafter defined: c. Eligible Busines s - 1. Business - Any activity engaged in by (1) A business that meets the any person, partnership, corporation or firm with the criteria set forth herein for a new business or an object of private or public gain, benefit, or advantage, expansion of an existing business, and either direct or indirect. A business is further and more specifically defined as follows: (2) Moves to or expands its operations to a location within a Planned Industrial a. New Business - District within the City of Boynton Beach , and (3) Maintains its business operation at the levels referenced herein for a period 2001 S - 16 of three (3) years after opening for business, and Boynton Beach Code 4 (4) The wages paid to its full - or deferral of building permit fees contemplated by time non - management employees must be on averag e division D., the Eligible Business shall remain liable a minimum of $12.74 per hour. Wages shall be for and obligated to pay such fees if the Eligible defined as the total of the hourly wage, plus the cost Business fails to maintain the corporate headquarters of all fringe benefits paid on behalf of the employees. or manufacturing an industrial facility in the City or fails to employ at least fifty (50) individuals at that C. Payment of City Impact Fees. Upon facility for a period of three (3) years following the application of any Eligible Business submitted prior issuance of the certificate of occupancy for the to th e issuance of a building permit for construction f acility. of the Eligible Business' facility within the City and upon a determination that the Eligible Business F. Implementing Actions Authorized. The satisfies the requirements of this section, the City appropriate City officials are hereby authorized and Commission may, by ordinance and at its sole directed to take such actions as are necessary to discre tion, cause the City to pay from legally implement the provisions of this section, including available funds all, or a portion of City impact fees the City Attorney who is authorized to prepare su ch by whatever name known that would have otherwise other resolutions or such ordinances as may be been paid by the Eligible Business for water and necessary to provide for the payment or waiver sewer service provided by the City. The City contemplated by this section. Commission may als o decide to defer the payment of any impact fees by the Eligible Business. For the G. Reports to the City Commission. The City purpose of this division, “City impact fees” means a Manager is hereby directed to periodically from time land development regulatory fee charged to a new to time report to the City Co mmission as to the use of development which creates a need for capital the economic development incentives contemplated improvements. by this section, including information as to the number of new business facilities in the City subject D. Payment or Deferral of Building Permit to such incentives, the number requesting such Fees. Upon application of any eligible business, incentives, the dollar value of the incentives to the submitted prior to the issuance of a building permit, businesses requesting them, and the number of jobs and upon a determination that the eligible business created as a result of such facilities being located satisfies the requirements of this section, the City within the City and the amount of increase in the Commission may, as set forth in a Resolution: City's ad valorem tax base. The City Manager may at any time make recomme ndations to the City 1. Authorize payment on behalf of the Commission regarding the enlargement of economic eligible business all or part of building permit fees development incentives or curtailing or eliminating required by City Code; or them based upon the expertise of the City with such incentives and their effectiveness. 2. Defer payment of building permit fees for a time certain to be set forth in the body of the H. Non - vesting of Right. The power of the Resolu tion. C ity Commission to grant the economic development incentives provided herein is a discretionary and For the purpose of this section, “Building Permit legislative function of the City Commission. Neither Fees” means those fees charged by the City for the adoption of this section nor any subsequent act by structural, mechanical, plumbing, gas, and electrical the City Commission or the City Administration sh all review and inspection. vest any person or entity with any right to the waiver of all or part of any fee as referenced herein. E. Fees Due if Facility Not Maintained. Notwithstanding the payment or d eferral of City I. Appropriation of impact fees contemplated by division C. or the Funds. The City Commission prior to granting an waiver economic incentive 2001 S - 16 Economic Development 5 as provided herein shall eith er appropriate funds for §§ 2 - 4, 6 - 19 - 01) the payment of such incentive, designate a specific funding source previously appropriated through the budget process, or waive such fees. (Ord. No. 96 - 47, §§ 1 - 9, 11 - 6 - 96; Ord. No. 01 - 32, 2001 S - 16 Boynton Beach Code 6