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06-025 /I Ii 1 2 ORDINANCE NO. 06- OcQ t>- 3 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. 17 18 WHEREAS, the Comprehensive Plan, by Policy No. l.8.2 requires a review of the 19 Parks Impact fees every five years; and 20 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 24 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; 30 31 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 32 COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 33 34 35 Section l. The foregoing Whereas clauses are true and correct and incorporated 36 herein by this reference. 37 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: 40 41 Section 3. Establishment of parks and recreation facilities 42 impact fee or land dedications in lieu thereof. 43 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 S:\CC\WP\ORDlNANCES\2006\Park Fee Ordinance version 031706.doc l8 19 20 2l 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 1/ 1 2 3 4 5 6 7 8 9 10 II l2 l3 l4 l5 l6 l7 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. S:ICCI WPIORDINANCES\2006IPark Fee Ordinance version 03] 706.doc II 1 2 3 4 5 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 S:\CC\WP\ORDlNANCES\2006\Park Fee Ordinance version 031706.doc formula used to develop park and ent is set forth as Appendix A at the blished park and recreation facilities ws: 6 7 8 9 10 II 12 l3 l4 15 l6 l7 l8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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 II 1 2 3 4 5 6 7 8 9 10 1l 12 l3 14 15 l6 l7 l8 19 20 2l 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 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. S:\CC\WP\ORDINANCES\2006\Park Fee Ordinance version 031706.doc 8 9 10 II l2 l3 l4 l5 16 l7 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 " 1 2 3 4 5 6 7 (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. S:\CCIWPIORDfNANCES\2006IPark Fee Ordinance version 031706.doc 10 II 12 13 14 l5 l6 17 l8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 I 38 39 II 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. 3 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 4 same are hereby repealed. 5 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. 8 Section 6. Authority is hereby granted to codify said ordinance. 9 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 ~ day of -~~: ,2006. CITY OF BOYNIQN"-BEACH, FLORIDA t'. ___--..-.- ~1 '-<. ~.i ""-r'L--- .. (CORPORA TE SEAL) S:ICCI WPIORDINANCES\2006IPark Fee Ordinance version 031706.doc