2024-12 Code Amendment - Impact FeesORDINANCE NO.2024-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 6, `BUILDINGS
AND BUILDING REGULATIONS," OF THE VILLAGE CODE OF
ORDINANCES BY ADOPTING A NEW ARTICLE VI, "IMPACT FEES;"
PROVIDING FOR AN INTENT AND PURPOSE; PROVIDING FOR
LEGISLATIVE FINDINGS; PROVIDING FOR DEFINITIONS; PROVIDING
FOR THE IMPOSITION OF IMPACT FEES; PROVIDING FOR THE
ESTABLISHMENT OF TRUST FUNDS; PROVIDING FOR THE USE OF
FUNDS COLLECTED, ACCOUNTING, AND REPORTING; PROVIDING FOR
CREDITS; PROVIDING FOR REFUNDS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.021, Florida Statutes, grants the Village the governmental, corporate,
and proprietary power to enable it to conduct municipal government, perform municipal functions,
render municipal services, and exercise any power for a municipal purpose except when expressly
prohibited by law; and
WHEREAS, Section 163.3181, Florida Statutes, recognizes that impact fees are an important
source of revenue for a municipality to use in funding the infrastructure necessitated by new
growth and are an outgrowth of the home rule power of a municipality to provide certain services
within its jurisdiction; and
WHEREAS, the Village Council wishes to impose impact fees on new development that are
proportional and reasonably connected to, or have a rational nexus with, the need for additional
capital facilities and the increased impact generated by new residential or non-residential
construction; and
WHEREAS, the Village Council determines that adoption of this Ordinance is in the best interests
of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 6, "Buildings and Building
Regulations," by adopting a new Article VI, "Impact Fees," to read as follows (additional language
underlined):
ARTICLE VI. IMPACT FEES
Sec. 6-121. Intent and purpose.
The intent and purpose of these impact fee procedures are:
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Lq� To establish uniform procedures for the imposition, calculation
collection, expenditure, and administration of impact fees imposed
on new development;
To implement the goals, objectives, and policies of the village's
comprehensive plan relating to assuring that new development
contributes its fair share towards the costs of public facilities
reasonably necessitated by new development;
Uc� To ensure that new development is reasonably benefited bythe
provision of public facilities provided with the proceeds of impact
fees; and
O To ensure that all applicable legal standards and criteria are properly
incorporated in these procedures.
See. 6-122. Legislative findings.
The village council finds, determines, and declares that:
Lal In order to maintain current level of service standards for parks and
recreation, public safety services (police and fire rescue), library
services, solid waste services, and government services, the village
must ensure that new development may be accommodated without
decreasing current level of service standards.
The State of Florida, through the enactment of Section 163.31801,
Florida Statutes, finds that impact fees are an important source of
revenue for a local government to use in funding the infrastructure
necessitated by new growth and that impact fees are an outgrowth
of the home rule power of a local government to provide certain
services within its jurisdiction.
O The imposition of impact fees is one of the preferred methods of
ensuring that new development bears a proportionate share of the
cost of capital facilities necessary to accommodate such
development. Allocation of a proportionate share of costs promotes
and protects the public health, safety,general welfare of the
residents of the village.
Each of the types of land uses described in the schedule of impact
fees set forth below shall create demands for the acquisition of, or
expansion of, municipal services facilities and the construction of
municipal services capital improvements.
U The report entitled "Impact Fee Study", dated July 2024 by Walter
H. Keller of Marlin Engineering, Inc. sets forth a reasonable
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methodology and analysis for the determination of the impact of
new development on the need for and costs of additional municipal
services capital facilities in the village and is based on the most
recent and localized data.
�f The impact fees set forth in this article are proportional and
reasonably connected to, or have a rational nexus with, the need for
additional capital facilities and the increased impact generated by
new residential or non-residential construction.
Sec. 6-123. Authority.
The village council is authorized to enact this section pursuant to Article
VIII, Section 2(b) of the Florida Constitution and Sections 166.021 and 163.31801,
Florida Statutes.
Sec. 6-124. Definitions.
The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Applicant means any person or entity who seeks to develop land within the
village by pplying for a building permit for impact -generating land development.
Director means the community development director or other village
employee designated by the director to review applications for building permits that
require impact fee payments pursuant to this article.
Impact-i-eneratin- land development is land development designed or
intended to permit a use of the land that will contain more dwelling units or floor
space than the existing use of the land in a manner that increases the demand for
parks and recreation, public safety services police and fire rescue), library services,
solid waste services, and government services.
Sec. 6-125. Imposition of impact fees.
(a) Any person who applies for the issuance of a buildingpermit for an
impact -generating land development shall be required to pay impact fees in the
manner and amounts set forth in this section. No building permit for any impact -
generating development requiring payment of impact fees pursuant to this article
shall be issued unless and until the impact fees hereby required have been paid
either concurrently with or subsequent to the filing of a complete building permit
application.
(b) No extension of a building permit issued after the adoption of this
article for any impact -generating land development shall be granted unless and until
the impact fees required by this article have been paid. In the event a building
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permit is amended after issuance, the applicant shall pay the applicable impact fees
in effect at the time the amended building permit is issued with credit being given
for any previous fees paid.
(c) The impact fees due shall be determined by usingthe he applicable fee
schedule below:
Description
Unit
Park and
Recreation
Public Safety
Library
Solid Waste
Governmental
Services
Single Family
Dwelling
DU
$1,175.38
$ 977.40
$1,060.39
$328.32
$700.34
Multi -Family
Dwelling
DU
$1,094.78
$ 599.33
$ 660.22
$201.32
$429.44
Hotel/Motel
KSF/Room*
$1,036.25
$1,268.69
-
$190.56
$485.62
Commercial Retail
KSF
-
$1,268.69
-
$322.15
$510.74
Commercial Office
KSF
-
$1,268.69
-
$322.15
$606.35
Medical Office
KSF
-
$2,222.60
-
$322.15
$606.35
Warehouse — General
KSF
-
$1,268.69
-
$322.15
$278.73
Industrial
Places of Worship
KSF
-
$1,209.78
-
$322.15
$615.27
Nursing Homes —
ALF's
KSFBed**
_
$2,222.60
$ 408.94
$322.15
$615.27
Hospitals
KSF
-
$2,222.60
-
$322.15
$615.27
Schools
KSF
-
$1,209.78
-
$322.15
$345.99
Governmental
Buildings
KSF
-
$1,209.78
-
$322.15
$615.27
Parks and Open
Space
KSF/Acre***
_
$1,422.04
_
$987.10
$395.95
Notes: KSF is per one thousand (1,000) square feet of floor area.
*Hotel/Motel — imDact fees are calculated Der room excent the Public Safetv impact fee is
calculated per KSF.
* *Nursinp- Homes — ALF's — impact fees are calculated per KSF except the Library impact
fee is calculated by bed.
***Parks and Open Space — impact fees are calculated per KSF except the Solid Waste
impact fee is calculated by acreage.
d) The director shall determine the annronriate land use cateaory or
categories for the proposed development. The determination shall be based on the
categories listed in the fee schedule and the proposed primary use of the site. In
the event the building �permit covers multiple primary uses, the fees for each
primary use shall be calculated separately and summed. If the type of development
activity that a building permit is applied for is not specified in the impact fee table
above. the director shall use the impact fee annlicable to the most nearlv
comparable type of land use specified.
e) If a development involves the replacement. expansion. and/or
change of use related to an existing development, the impact fees due shall be
determined by the difference between the fees that would otherwise have been due
for the most recent use of the existinii site and the fees for the nrobosed
development or redevelopment.
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Sec. 6-126. Establishment of trust funds.
(a) The impact fees collected by the village pursuant to this article shall
be kept in separate accounts for each fee type and separate from other revenue of
the village.
(b) Funds withdrawn from these accounts must be used solely in
accordance with the provisions of this article. The disbursal of funds shall require
the approval of the village council, upon recommendation of the village manager.
(c) Funds in these accounts shall be deemed to have been expended on
a first -in, first -out basis.
Sec. 6-127. Use of funds collected; accounting and reporting.
(a) The funds collected by reason of the establishment of the park and
recreation impact fee in accordance with this article shall be used solely for the
purpose of administering, planning, acquiring, expanding, and developing park
facilities and recreation open space, as well as the acquisition of additional land and
amenities for public park and recreation purposes.
(b) The funds collected by reason of the establishment of the public
safety services impact fee in accordance with this article shall be used solely for the
purpose of acquiring, equipping, and/or making capital improvements to village
public safety facilities, including the acquisition of police department, fire
department, and emergency medical services vehicles.
(c) The funds collected by reason of the establishment of the library
services impact fee in accordance with this article shall be used solely for the
purpose of acquiring, equipping, and/or making capital improvements to village
library facilities.
The funds collected by reason of the establishment of the solid waste
services impact fee in accordance with this article shall be used solely for the
purpose of acquiring, equipping, and/or making capital improvements to the
village's sanitation collection and administrative facilities, including the
acquisition of sanitation vehicles with a life expectancy of over five (5) years.
(e) The funds collected by reason of the establishment of the
government services impact fee in accordance with this article shall be used solely
for the purpose of administering, planning, acquiring, expanding, and developing
additional land, facilities, vehicles, and equipment for general government
facilities. All vehicles and equipment shall have a life expectancy of over five (5)
years.
(f) Funds collected by reason of the establishment of the park and
recreation, public safety services, library services, solid waste services, and
government services impact fees may be used for related land acquisition, land
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improvement, design, engineering, and permittingcosts, however, that
they shall not be used for maintenance, rehabilitation, repair, or replacement of
existing facilities.
(g) Any funds on deposit not immediately necessary for expenditure
shall be invested in interest-bearing accounts, and all income derived from the funds
shall remain in the account.
(h) In the event that bonds or similar debt instruments are issued for
advanced provision of capital facilities for which impact fees ma_y be expended,
impact fees may be used to pay debt service on such bonds or similar debt
instruments to the extent the facilities are of the type authorized by this article.
(i) The village shall be entitled to retain up to three percent (3%) of the
fees collected to offset the actual administrative costs associated with the
collection and use of said funds pursuant to this article.
(i) The village shall provide an accountingand nd reporting of impact fee
collections and expenditures in a separate accounting fund. Audits of financial
statements of the village must include an affidavit signed by the chief financial
officer of the village stating that the village has complied with Section 163.31801,
Florida Statutes.
Sec. 6-128. Developer credits.
(a) General.
(1) Any person who shall initiate any impact -generating land
development may apply for a credit against any impact fee
assessed pursuant to this part for any contribution, payment,
construction, or dedication of land accepted and received by
the village for those capital facilities.
(2) Credit for contributions, payments, construction, or
dedications against one type of impact fee shall not be
transferable to another type of impact fee. Credits shall be
transferable between developments within the village.
Credit shall be in an amount equal to the estimated fair
market value of the land dedication or improvement at the
time of the application, or the value of the contribution or
payment at the time it is made.
(4) The village shall enter into a capital contribution front -
ending agreement with any person who proposes or is
required to dedicate or construct impact fee -eligible
improvements.
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(b) Credit agreement procedures.
(1) The determination of any credit shall be undertaken through
the submission of an application that includes a draft capital
contribution front -ending agreement, which shall be
submitted to the director.
(2) If the proposed application involves credit for the dedication
of land, the application agreement shall include the
following information: a drawing and legal description of the
land; the appraised fair market value of the land at the date a
building_ permit is proposed to be issued for the impact -
generating land development, prepared by professional real
estate appraiser; and if applicable, a certified copy of the
development order in which the land was agreed to be
dedicated.
(3) If the proposed application involves construction, the
application shall include the proposed plan of the specific
construction prepared and certified by a duly qualified and
licensed Florida engineer or contractor; and the estimated
cost of the proposed improvement, which shall be based on
local information for similar improvements, along with the
construction timetable for the completion thereof. Such
estimated cost shall include the cost of construction or
reconstruction, the cost of all labor and materials, the cost of
all lands, property, rights, easements and franchises
acquired, financing charges, interest prior to and during
construction and for one year after completion of
construction, cost of plans and specifications, surveys of
estimates of costs and of revenues, cost of professional
services, and all other expenses necessary or incident to
determining the feasibilitypracticability of such
construction or reconstruction.
4) If the proposed application involves a credit for anv other
contribution or payment, the application shall include a
certified copy of the development order in which the
contribution or payment was agreed; if payment has been
made, proof of payment; or if payment has not been made,
the proposed method of payment.
5) Within fourteen (14) days of receipt of the bronosed
application for credit agreement, the director shall determine
if the application is complete. If it is determined that the
proposed application is not complete, the director shall mail
a written statement to the applicant outlining the
deficiencies. No further action shall be taken on the proposed
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application until all deficiencies have been corrected or
otherwise settled.
(6) Within forty-five 45Lys after an application for credit is
determined complete, the director shall review the
application and determine if it meets the standards set forth
in this section. If the application for credit agreement meets
the standards set forth in this section, a capital contribution
front -ending agreement shall be prepared and presented to
the village council for consideration. It shall specifically
outline the contribution, payment, construction, or land
dedication; the time by which it shall be completed,
dedicated, or paid, and any extensions thereof, and the dollar
credit the applicant shall receive for the contribution,
payment, or construction.
(c) Use of credits. Credits may be used by the credit holder to reduce
impact fees that would otherwise be due from any development project within the
village. The dollar value of the credits to be used shall be inflated or reduced by the
same percentage by which the fee for the land use for which the credits shall be
used has changed since the date of the credit agreement. Any credit amount not
used within ten (10) ,years of the date of the credit agreement shall expire and be of
no further value.
See. 6-129. Refunds.
If it is determined by the village that fee assessments collected pursuant to
this article have not been spent or encumbered for expenditure by the end of the
calendar quarter immediately following ten (10) years from the date that the fee
was received, or if the land uses for which the fees were paid were never begun,
then said funds shall be eligible for refund to the then -present owner in accordance
with the following procedures:
(a) The then -present owner must petition the village council for the
refund within one year following the end of the calendar quarter
immediately following ten 10) years from the date on which the fee
was received by the village.
(b) The petition must be submitted to the director and must contain:
(1) A notarized sworn statement that the petitioner is the current
owner of the development site,
(2) A copy of the dated receipt issued for payment of the fee;
(3) A certified copy of the latest recorded deed;
A copy of the most recent ad valorem tax bill: and
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(5) Such other information which may be reasonably necessary
to ascertain current ownership of the development site.
(c) Within sixty (60) days from the date of receipt of petition for refund,
the director shall advise the petitioner and the village council of the determination
of whether the fee requested for refund remains in the trust fund and has been there
for ten (10) years. For the purpose of determining whether fees have been spent or
encumbered_, the first money placed in a trust fund account shall be deemed to be
the first money taken out of that account when withdrawals have been made.
(d) If the money requested for refund is still in the trust fund account
and has not been spent or encumbered by the end of the calendar quarter
immediately following ten (10) years from the date the fees were paid, the money
shall be returned.
(e) In the event that the building permit for which impact fees were paid
has expired without opportunity for renewal and the permitted development has not
begun, the entitypaid the fee may request a refund b fig an application for
refund within ninety 90) days of the final expiration of the permit. The application
shall contain a copy of the applicable development permit and evidence that the
permit has expired and that the permitted development was not begun. The director
shall review the application and make a written determination of whether it meets
the standards of this subsection within thirty (30) days. If the determination is
affirmative, the director shall cause the refund to be issued for ninety-seven percent
(97%) of the original impact fee payment to the entity that paid the impact fee.
Sec. 6-130. Appeals of impact fee determinations.
(a) Any persons desiring to appeal the decision of the director regarding
the assessment of an impact fee or a refund shall file with the village clerk a written
notice of appeal to the village council within ten (10) days of the decision by the
director.
b) The notice of appeal shall include a full exnlanation of the reasons
for the appeal, specifying the grounds therefor and containing any documentation
which the applicant desires to be considered. The appeal shall contain the name and
address of the person filingthe and shall state his/her capacity to act as a
representative or anent if he/she is not the owner of the nronertv to which the impact
fees pertain.
C) The villaae clerk shall schedule the appeal for the first village
council meeting following_ thirty (30) days from receipt of the written notice of
appeal to the village council. Postponement of the appeal date maygranted by
the village clerk if a postponement is requested by either the applicant or the
director in writina at least ten (10) days in advance of the scheduled villaae council
meeting date.
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(d) The applicant and the director shall each beivg en opportunity to
make oral presentations before the village council.
(e) The village council, after hearing, shall have the power to affirm or
reverse the decision of the director. In making its decision, the village council shall
make written findings of fact and conclusions of law, and apply the standards in
this part. If the village council reverses the decision of the director, it shall instruct
the director to determine the outcome in accordance with its findings. In no case
shall the village council have the authorityto negotiate the amount of the fee, refund
the fee, or waive the fee. The decision of the village council shall be final and not
subject to further administrative appeal.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect ninety (90) days after adoption. Impact fees shall
not apply to current or pending building permits submitted prior to the effective date.
PLACED ON FIRST READING THIS 8TH DAY OF AUGUST, 2024.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22M DAY OF AUGUST, 2024.
APPROVED AS TO FORM AN
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
l
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MAYOR