Res 77-15RESOLUTION NO. 77-15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, URGING THE PALM BEACH
COUNTY BOARD OF COUNTY COMMISSIONERS TO AMEND ITS
ROAD IMPACT FEE ORDINANCES TO ELIMINATE CERTAIN
LIMITATIONS ON EXPENDITURES OF ROAD IMPACT FEES AND
TO AUTHORIZE ROAD IMPACT FEES TO BE SPENT ON
MULTIMODAL TRANSPORTATION INFRASTRUCTURE,
STREETSCAPE IMPROVEMENTS (INCLUDING REPAIR,
RESURFACING, AND REPLACEMENT) AND OTHER MODES OF
MOBILITY WITHIN THE IMPACT FEE ZONE WHERE THE FUNDS
ARE COLLECTED; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, impact fees represent funds collected from property owners in connection with land
development based on their added effect and impact on public services and infrastructure, and,
WHEREAS, the City's Land Development Regulations currently provide that Delray Beach traffic
impact fees shall be assessed pursuant to the Palin Beach County Traffic Impact Fee Ordinance, and;
WHEREAS, the Palm Beach County Unified Land Development Code ("Code") provides in Article
13, Chapter A, Section 1A, that funds collected from impact fees shall not be used to replace existing capital
facilities or to fund existing deficiencies, but only to provide for new capital facilities which are necessitated
by new development, and;
WHEREAS, Article 13, Chapter A, Section 9C of the Code ptovides that impact fees shall benefit
new development and shall only be used for capital facility costs for which the impact fees are levied, and
which add capacity needed to serve new development, and;
WHEREAS, Article 13, Chapter H, Section 4 of the Code provides that road impact fees collected
shall be used solely for new development and construction, right-of-way acquisition, and traffic signalization,
and;
WHEREAS, the application of current Palm Beach County policies and ordinances have resulted in
road impact fee revenues generated within Zone 5 in Southern Palm Beach County, the zone in which Delray
Beach is located, which far exceed expenditures made by the County within said Zone, and;
WHEREAS, during the period between 2003 — 2014 tevenues versus expenditures in Zone 5 per
square mile of land was $530,000 versus $295,000 respectively, and;
WHEREAS, dense eastern urban areas function differently than western portions of Palm Beach
County and therefore have different infrastructure needs (e.g. road repair, resurfacing, and replacement) and
require different types of multimodal infrastructure and transportation improvements, and;
WHEREAS, existing County ordinances and County policies must be reevaluated to allow road
impact fees generated within a Zone to be spent on broader range of multimodal transportation
infrastructure, streetscape improvements (including road repair, resurfacing, and replacement), and other
modes of mobility within the respective zone, and;
WHEREAS, the Delray Beach City Commission urges Palm Beach County to recognize the varying
infrastructure needs of the eastern urban areas of the County and to reevaluate and update its road impact
ordinances and policies to expand the approved uses for road impact fees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated into the findings of this
Resolution as if set forth in full herein.
Section 2. That the dense urban areas of Eastern Palm Beach County operate and function
differently than the undeveloped western portions of the County and that Cities such as Delray Beach have
legitimate and pressing needs for transportation infrastractare improvements that should be eligible for road
impact fee funds.
Section 3. That the current Palm Beach County toad impact ordinances and policies are unfair in
their application, out of date, fail to recognize the transportation infrastructure needs of urban areas, and
contain unreasonable limitations on the expenditure of toad impact fees.
Section 4. That the City of Delray Beach requests and urges the Palm Beach County Commission
to amend its road impact fee ordinances to eliminate existing unfair limitations and allow for the expenditure
of road impact fees for transportation infrastructure improvements, streetscape improvements, and other
modes of transportation mobility.
Section 5. That the Palm Beach County Commission amend its road impact fee ordinances and
policies to address the substantial imbalance which currently exists between the amount of road impact fee
revenues generated within Zone 5 and expenditures made within said Zone.
Section 6. That this Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this 1st day of
December .2015.
M YOR
ATTEST: �\
City Clerk
Res No. 77-15