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ORDINANCE NO. 07- 061 7
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING PART III, LAND DEVELOPMENT
REGULATIONS, CHAPTER 1, ARTICLE V, IMPACT
FEES AND DEDICATIONS, BY AMENDING SECTION
3, SUBPARAGRAPH E; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, staff has recently reviewed the Parks and Recreation Impact Fee
Ordinance; and
WHEREAS, as a result of this review, staff recommends revising the definition for
residential unit to exclude hotels, condominium hotel units, extended stay hotel units or
timeshares; and
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2.
Article V., Sections 3E are hereby amended follows:
Section 3. Establishment of parks and recreation facilities
impact fee or land dedications in lieu thereof.
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.
IMPACT FEE - Park and recreation facilities impact fee.
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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.
S:\CA\Ordinances\Parks\Park Fee Ordinance (exclude hotels)090407.doc
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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. This excludes hotels, condominium hotel units,
extended stay hotel units or timeshares.
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Section 3.
Each and every other provision of Chapter 26, not herein specifically
8 amended shall remain in full force and effect as previously enacted.
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Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
10 same are hereby repealed.
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Section 5.
Should any section or provision of this ordinance or portion hereof,
12 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
13 invalid, such decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
Section 7.
This ordinance shall become effective immediately after passage.
S:\CA\Ordinances\Parks\Park Fee Ordinance (exclude hotels)090407.doc
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FIRST READING this --.!!L day of SepT~M bet'" , 2007.
SECOND, FINAL READING AND PASSAGE this ~ J!1L day of October,
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2007.
ATTEST:
.~
CH, FLORIDA
S :\CA \Ordinances\Parks\Park Fee Ordinance (exclude hotels)090407.doc