09-92 ORDINANCE NO. 9-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FIVE,
"SUBDIVISION REGULATIONS", SECTION 5.3.2, "PARK
LAND DEDICATION", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTIONS
5o3.2(C) (3) AND 5.3.2(C) (4) TO PROVIDE THAT ANY
REQUIRED IMPACT FEE ASSESSED FOR THE PURPOSE OF
PROVIDING PARK AND RECREATIONAL FACILITIES SHALL
BE COLLECTED AT THE TIME OF ISSUANCE OF A BUILDING
PERMIT; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Five, "Subdivision
Regulations", Article 5.3, "Dedication and Impact Requirements",
Section 5.3.2, "Park Land Dedication", Subsection (C), "Impact
Fee Required", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
(C) Impact Fee Required: Whenever a development is
proposed upon land which is not designated for park purposes in
the Comprehensive Plan, an impact fee assessed for the purpose of
providing park and recreational facilities shall be imposed.
(1) The amount of the fee shall be $500 per dwelling
unit regardless of the size or occupancy of the unit.
(2) The fee shall be assessed against the following
type of development:
* single family homes
* duplexes
* multiple family dwelling units
* motels, hotels, residential inns
* resort dwelling units
(3) The impact fee for single family dwellings shall
be imposed and collected upon first development of the
lot. If a previously built upon lot becomes vacant
a period of greater than 180 days, then up.
reestablishment of residential use the impact fee shall
be imposed and collected. However, in no event shall a
lot be assessed such a fee more than once. The fee
shall be collected ~///~//~//i~//~f///~
~ft~/~f/~~ at the time of issuance of a
building permit.
(4) The impact fee for all other types of development
shall be imposed and collected ~//~h~//~f//~
~tf~/~f/~~ at the time of issuance of a
building permit for the structure which houses the
units. If such development involved the demolition or
removal of dwelling units which had been continuously
inhabited for 180 days prior to their demolition for
the new development, a credit shall be given for those
units.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the llth day of March , 1992.
ATTEST:
J Cit~ ~flerk '
First Reading February 25, 1992
Second Reading March 11, 1992
- 2 - Ord. No. 9-92
MEMQRANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'/'',
SUBJECT: AGENDA ITEM ~ / OB - MEETING OF MARCH 11. 1992
ORDINANCE NO. 9-92
DATE: March 6, 1992
This is a second reading of an ordinance amending the Land
Development Regulations to provide that any required impact fee
assessed for the purpose of providing park and recreation facilities
shall be collected at the time of issuance of a building permit.
Currently, all fees associated with permits, except the park and
recreation impact fee, are imposed and collected at the time the
building permit is issued. The existing code provides for the
payment of the park and recreation impact fee prior to the issuance
of a certificate of occupancy.
It is staff opinion that by incorporating this change we can insure
all fees are collected at one time, which would improve the existing
processing and eliminate delays in the issuance of certificates of
occupancy.
Recommend approval of Ordinance No. 9-92 on second and final
reading.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: AMENDMENT TO LDR'S - SEC. 5.3.2(C)(3) AND SEC. 5.3.2(C)(4)
DATE: FEBRUARY 19, 1992
ITEM BEFORE THR. COMMISSION:
Request City Commission approval to amend Section 5.3.2(C)(3) and
Section 5.3.2.(C)(4) of the LDR's regarding the required time of
payment for impact fees assessed for the purpose of providing
park and recreational facilities.
BACKGROUND:
Currently, all fees associated with permits, except the park and
rec impact fee, are imposed and collected at the time the
building permit is issued. The existing code provides for the
payment of the park and rec impact fee prior to the issuance of a
certificate of occupancy.
By incorporating this change we can insure all fees are collected
at one time, which would improve our existing processing and
eliminate current delays in issuing c.o.'s. In some cases where
the construction activity is complete, the existing code allows
for the contractor/developer to delay payment, forcing staff to
leave the permit file open, resulting in a tracking problem and
necessitates the sending of additional notices.
The proposed code amendments are identified by underscoring and
would read as follows: Section 5.3.2(C) (3) The fee shall be
collected at the time of issuance of a building permit. Section
5.3.2(C)(4) The impact fee for all other types of development
shall be imposed and collected at the time of issuance of a
building permit for the structure which houses the units.
RECOMMENDATION:
The Department of Community Improvement recommends City
Commission approval of the proposed code amendments to Sec.
5.3.2(C) (3) and Sec. 5.3.2(C) (4) of the Land Development
Regulations. The Planning and Zoning Board will consider this
code amendment at their regular meeting on February 24, 1992.
LB:DQ
D12
PARKFEE.CC
ORDINANCE NO. 9-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FIVE,
"SUBDIVISION REGULATIONS", SECTION 5.3.2, "PARK
LAND DEDICATION", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTIONS
5.3.2(C) (3) AND 5.3.2(C) (4) TO PROVIDE THAT ANY
REQUIRED IMPACT FEE ASSESSED FOR THE PURPOSE OF
PROVIDING PARK AND RECREATIONAL FACILITIES SHALL
BE COLLECTED AT THE TIME OF ISSUANCE OF A BUILDING
PERMIT; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Five, "Subdivision
Regulations", Article 5.3, "Dedication and I~pact Requirements",
Section 5.3.2, "Park Land Dedication", Subsection (C), "Impact
Fee Required", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
(C) Impact Fee Required: Whenever a development is
proposed upon land which is not designated for park purposes in
the Comprehensive Plan, an impact fee assessed for the purpose of
providing park and recreational facilities shall be imposed.
(1) The amount of the fee shall be $500 per dwelling
unit regardless of the size or occupancy of the unit.
(2) The fee shall be assessed against the following
type of development:
* single family homes
* duplexes
* multiple family dwelling units
* motels, hotels, residential inns
* resort dwelling units
(3) The impact fee for single family dwellings shall
be imposed and collected upon first development of the
lot. If a previously built upon lot becomes vacant for
a period of greater than 180 days, then upon
reestablishment of residential use the impact fee shall
be imposed and collected. However, in no event shall a
lot be assessed such a fee more than once. The fee
shall be collected ~///~6//~//~~//~f///~
~f~/~f/~~ at the time of issuance of a
buildinq permit.
(4) The impact fee for all other types of development
shall be imposed and collected ~//~~//~f//~
~f~/~f/~~ at the time of issuance of a
building permit for the structure which houses the
units. If such development involved the demolition or
removal of dwelling units which had been continuously
inhabited for 180 days prior to their demolition for
the new development, a credit shall be given for those
units.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 9-92
MEMQRANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~'
SUBJECT: AGENDA ITEM # /~ - MEETING OF FEBRUARY 25. 1992
ORDINANCE NQ. 9-92
DATE: February 21, 1992
This is a first reading of an ordinance amending the Land Development
Regulations to provide that any required impact fee assessed for the
purpose of providing park and recreation facilities shall be
collected at the time of issuance of a building permit.
Currently, all fees associated with permits, except the park and
recreation impact fee, are imposed and collected at the time the
building permit is issued. The existing code provides for the
payment of the park and recreation impact fee prior to the issuance
of a certificate of occupancy.
It is staff opinion that by incorporating this change we can insure
all fees are collected at one time, which would improve the existing
processing and eliminate delays in the issuance of certificates of
occupancy.
Recommend approval of Ordinance No. 9-92 on first reading.
, Agenda Item No.:
?
'AGENDA REQUEST
Date: 2/19/92
Request to be placed on:,
X
Regular Agenda Special Agenda Workshop Agenda
When: 2/25/92
Description of agenda item (who, what, where, how much):
Amendment to Sec 5.3.2(C)(3) and Sec 5.3.2/C)(4) requirinE pnym~nt nf
park impact fee at thC ~ime of permit issuance instead ~f ~t tim~ n~ ~ ~
ORDINANCE/ RESOLUTION REQUIRED: ~NO. Draft Attached: Y~/NO
Recommendat ion: approval
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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