11-032 1 ORDINANCE NO. 11 -032
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31 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
41 ! FLORIDA AMENDING LAND DEVELOPMENT
5; REGULATIONS, CHAPTER 2, ARTICLE VI, "IMPACT
6i, AND SELECTED FEES ", SECTION 2, "CITY PARKS AND
7! RECREATION FACILITIES IMPACT FEE OR LAND
81 DEDICATION" TO RE- CALCULATE THE IMPACT FEES
9 ! : BASED ON THE MOST RECENT AND LOCALIZED
10:, DATA OF THE REPLACEMENT COSTS OF PARKS AND
1 1 ' FACILITIES; PROVIDING FOR CONFLICTS,
12 t1 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
13 1 ; DATE.
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15 WHEREAS, Florida Statutes, Chapter 163.31801 now requires that the calculation of
16 6 , impact fee be based on the most recent and localized data; and
17 WHEREAS, the City's Comprehensive Plan requires that the park and recreation
18 impact fee be reviewed every other year; and
1 9 ; ' WHEREAS, the last modification of the park and recreation impact fees was by
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20 1 Ordinance 06 -057 in July 5, 2006; and
21; WHEREAS, the City impact fee methodology is based on the replacement cost of parks
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22 s ; and recreational facilities; and
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23 1; WHEREAS, the City has conducted a review of the current level of impact fees and has
24 made recommendations to the City Commission regarding modification of fees, based on the
25' decrease of property values and significant changes in pricing of facilities that have occurred
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26 since the fees were last modified.
27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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29 Section 1. The foregoing whereas clauses are true and correct and are now ratified
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30 ' and confirmed by the City Commission.
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1 Section 2. Chapter 2 "Land Development Process ", Article VI, "Impact and
2 Selected Fees ", of the Land Development Regulations of the City of Boynton Beach Code of
3 Ordinances is hereby amended as follows:
4 A. General.
5 1. Purpose and Intent. This section is enacted to ensure that future land development
6, , within the city provides land and facilities for park or recreational purposes in accordance with
7' , the Open Space and Recreation Element of the Comprehensive Plan adopted by the city. The
8 ' imposition of a park and recreation facilities impact fee is to provide a source of revenue to
9;1 fund the construction or improvement of the city park system necessitated by growth, as
1 0 , delineated in the Capital Improvement Element of the Comprehensive Plan. The purpose of
11, this section is to ensure that all future residential land development creating an impact on park
12' i and recreational facilities within the city shall bear a proportionate share of the cost of capital
13' 1 expenditure necessary to provide such facilities in accordance with the Open Space and
14 1 ' Recreation Element of the Comprehensive Plan adopted by the city.
15 c , 2. Applicability. A park and recreation facilities impact fee is hereby imposed on the
16 s i , construction of any type of new residential dwelling unit. For the purposes of this section, a
17, residential use shall be construed to be any such use that is listed under the "residential and
18 lodging" category shown in the use matrix (see Chapter 3. Article IV, Section 3.D.). A
191 residential use shall include the residential component of mixed -use developments, or the
20; conversion of any existing non - residential use to a new residential use. The provisions of this
21 section however, shall not apply to accessory dwelling units. bed and breakfast. hotel and motel
22; establishments, and nursing homes (as defined by the state).
23 3. Terms and Definitions. See Chapter 1, Article II for the terms and definitions
24 ! ' associated with impact fees.
25 4. Waiver. Any request to waive a city impact fee shall be in accordance with City
26 Code of Ordinances Part I1, Chapter 8, Economic Development, Section 8-1.
27! B. Time of Impact Fee Payment Payment of park and recreation facilities impact fees or
28! transfer of title to land conveyed in lieu of a cash payment, shall be made prior to the issuance
29 of a building permit (see Chapter 2, Article IV. Section 2). . or prior to approtial of a plat or
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31 ' C. Impact Fee Calculation. The formula used to develop park and recreation facilities
321 impact fee assessment is set forth in accordance with the following:
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33 1. Table 2 -3. Costs Per Capita: Methodology. The cost per capita is calculated by
34 ! I multiplying the standard quantity of park land and facility by average cost per facility. The
3511 standard quantity is based on actual provision. The land value is the average assessed value per
36 acre of all vacant parcels within the city of two (2) acres or more. Average development cost
371: i has been added to the average assessed value to account for basic civil and site development
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1 I costs.
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Component Standard per Capita Average Cost per Cost per Capita
Facility
Land Acres 0 004700 0.002456 $513,292 $275,626 $2,553.47 676.e_
Playgrounds 0.000259 0.000249 $100,000 $192,500 $25.90 $47.84 •
Basketball Courts 0.000198 0.000219 $60.000 $$152,500 $1 1.88 $33.44
Handball /Racquetball Courts 0.000122 0.000117 $225,000 $225.000 $27.1/1 $26.31
Baseball /Softball Fields - Youth 0 000061 0.000073 $595,000 $300,000 $36.30 $21.93
Baseball /Softball Fields - Adults 0 000061 0.000029 $655.000 357,500 $10.45
1 1 Football /Soccer Fields 0 000025 0.000029 $560.000 $355,000 $14.00 $10.38
Tennis Courts 0.000473 0.000453 $60.000 $120,000 $28.35 $54.38
Shuffleboard Courts 0 0002 +1 0.000234 $25.000 $46,250 .S-6,1-0 $10.82
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Picnic Areas 0.000320 0.000351 550.000 $57.200 $16.01 $20.07
Fitness Trails (Stations) 0 000030 0.000029 5100.000 $92,500 $33.05 2.70
° TOTAL COST PER CAPITA $2,762.45 $915
ADJUSTED COST PER Adjustment ($915 x 0.36)*
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3j 2 _ . • *Based on park improvement budgets over the last
4 five (5) fiscal years, eighty one64 percent (8164 %) of the cost of park development is
5i I anticipated to be generated- paid by the city, with the remaining n-i-neteen thirty six percent
6' ; (- 1-936 %) covered by funds from the trust fund established for deposition of impact fees. In the
7, ' calculation of adjusted cost per capita, other revenues that are being used to pay for new parks
8! _ and recreation facilities and for improvement of existing facilities are subtracted from the total
911 per capita cost.
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T t I ��.. ent Less C reds
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Cost P C Percent Other Revenues Cost per Capita
4 2. Table 2 -54. Cost Per Dwelling Unit (Impact Fee) Methodology. The cost of parks
5 and recreational facilities per dwelling unit is the impact fee. It is calculated by multiplying the
park and recreational facility cost per person (after the credit reduction for other revenues) by
7! ; the average number of persons per dwelling unit in a given type of structure:
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Type of Net Persons Per Impact Fee Per
Dwelling Unit Unfunded Dwelling Unit* Dwelling Unit
Cost Per
Capita
Single - Family, Detached or Attached* ` 525 2.7-0 2.66 $1.418 $875
$329
1 Dwellings in buildings containing two $329 2.06 $678
(2) to four (4) units*
Single family. Attached $525 a 9 $1,045
Multi- Family (dwellings in buildings 5525 -1--T6 1.81 $924 $595
containing five (5) or more units *) $329
*As per Census definitions. The persons - per -unit numbers are currently based on 2-000- the
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1 of 1 D. Table 2 -45. Impact Fee Amount The established park and recreation facilities impact
11 a fee per residential unit is as follows:
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Type of Dwelling Unit Impact Fee per Dwelling Unit
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Single - Family, Detached or Attached $1.118 $875
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"' , '. - , A . • - .Dwellings in buildings $1,045 $678
containing two (2) to four (4) units
Multi - Family (dwellings in buildings containing $9-24 $595
five (5) or more units)
1! j E. Credit Towards Impact Fee Imposition. Where a building(s) consisting of one (1) or
3 more dwelling units is demolished for redevelopment purposes and replaced by another
j building of one (1) or more dwelling units the developer of the redevelopment project can
4 i request. - - - - . - a credit for all or part of any previous park and recreational impact fees 1 • I paid to the City for the building(s).. ., - - . - - • - - • :.
II The burden is on the developer to submit proof of previous payment of park and recreation
7 impact fees. Following application, City staff shall determine the amount of credit to be given
g, : based on a cost per dwelling unit basis. If the number of units being constructed in
9 ' redevelopment are equal to or less than the number of units that previously existed on the
10! 1 property and impact fees were previously paid. the developer will be assessed no additional
1111 park and recreational impact fees. If the number of units being constructed in redevelopment is
12! 1 greater than the number of units that previously existed on the site and impact fees were
13` I previously paid. the developer will be charged additional impact fees only for the number of
14 new units that exceeds the original number of units.
15'1 I F. Land Donation c-rs-in lieu of Impact Fee Obligation Satisfaction. Some or all of the park
16 and recreation facilities impact fee obligation may be satisfied by dedication of land to the city
17, , for park and recreation facilities. The process of donation may be initiated by the applicant or
18 the city upon the formal filing of a development application and prior to the completion of staff
19I ' reviews. When staff anticipates the need for a land dedication in lieu of an impact fee, staff
201; shall notify the property owner /applicant at the pre - application conference. Staffs notification
21 I to the property owner /applicant shall include a statement that only the City Commission has the
22! authority to decide when a land dedication will be required in lieu of the payment of the impact
23 I fee. In either case, the decision to accept land in lieu of a fee is reserved to the City
241! Commission.
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251 Section 3. Each and every other provision of the Land Development Regulations
26 1 not herein specifically amended, shall remain in full force and effect as originally adopted.
271 1 Section 4. All laws and ordinances applying to the City of Boynton Beach in
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28 I conflict with any provisions of this ordinance are hereby repealed.
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291 Section 5. Should any section or provision of this Ordinance or any portion thereof
301 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the s
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3111 remainder of this Ordinance.
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1 Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this 6 day of December, 2011.
4 i SECOND, FINAL READING AND PASSAGE this :$ d ay of Jan • , 2012.
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tl ' CITY OF BOYNTON BEACH, FLORIDA
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9i • Mayor yodfiguez
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12; V ice Mayor — William Orlove
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15 ' Co issioner ' Woodr: ' Er
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1& Commissioner — ' teve Holz an
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201' 22/d-- O/ 1-7---
21 s Commissioner — Marlene Ross
22 : ATTEST:
231 a -
24!! as - - L
251 Ja -t M. Prainito, MMC
261 - ity Clerk
271,
281
291 (Corporate Seal)
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