Sec. 9. Imposition of Impact Fees.
The following impact fees are hereby levied on all new development, as set forth in Section 2(C) of Article VI of the LDRs:
   A.   Parks and recreation impact fee.
 
Type of Dwelling Unit
Impact Fee Per Dwelling Unit 10-16-2023
Impact Fee Per Dwelling Unit 10-16-2024
Single family per unit
$1,920
$2,560
Dwellings w/2-4 units
$1,725
$2,299
Multifamily 5+ units
$1,436
$1,914
 
      1.   A parks and recreation impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this article, in accordance with the fee schedule.
      2.   There is hereby established a parks and recreation impact fee account into which all parks and recreation impact fees collected shall be deposited. Parks and recreation impact fee revenues shall be spent only on parks and recreation facilities and parks and recreation facilities capital costs as provided in this section.
      3.   Alternate to parks and recreation impact fee:
         a.   Land donation in lieu of impact fee. Some or all of the park and recreation facilities impact fee obligation may be satisfied by dedication of land to the city for park and recreation facilities. The process of donation may be initiated by the applicant or the city upon the formal filing of a development application and prior to the completion of staff reviews. When staff anticipates the need for a land dedication in lieu of an impact fee, staff shall notify the property owner/applicant at the pre-application conference. Staff’s notification to the property owner/applicant shall include a statement that only the City Commission has the authority to decide when a land dedication will be required in lieu of the payment of the impact fee. In either case, the decision to accept land in lieu of a fee is reserved to the City Commission.
         b.   Master or Site Plan. When either an applicant or the city proposes a land dedication in lieu of all or part of the required cash fee, the applicant shall submit to the Director of Parks and Recreation a proposed plan for the dedication of land for impact fee satisfaction. The proposed plan shall include a legal description of the land and a written appraisal of the land, along with a proposed date for the donation of the land. Upon receipt of the proposed plan, the Director of Recreation and Parks shall schedule a hearing before the City Commission and provide the applicant with written notice of the time and place of the hearing. Such hearing shall be held in accordance with the City Commission rules for conducting quasi-judicial hearings. The City Commission, following a written recommendation from the Director of Parks and Recreation and the City Manager, shall, following the public hearing, determine whether it shall require a land dedication in lieu of a fee by consideration of the following:
            (1)   Suitability. The land should be suitable for future park and recreation facilities based upon the size, shape, topography, geology, access, and location of the proposed development;
            (2)   No Defects. The land must have no known physical or environmental problems such as with drainage or flooding, or on-site safety hazards associated with it; and
            (3)   Consistency. The location of the land and its potential for development should be consistent with the city's Recreation and Parks Strategic Plan.
         c.   Approval. Nothing contained herein should be construed to prevent the City Commission from exercising its authority to decline the donation of land as partial or full satisfaction of the parks and recreation impact fee.
         d.   Fair Market Value. The fair market value of said land dedicated in lieu of a cash fee will be credited to the applicant against the impact fee as set forth in this section. If the fair market value exceeds the applicant' s impact fee obligation, the reimbursement will be made to the applicant by direct cash payment from the trust fund.
         e.   Appraisal. The value of the proposed land to be dedicated shall be based upon a written appraisal of fair market value by a qualified and professional appraiser, and based upon comparable sales of similar property between unrelated parties in a bargaining transaction, if available. The appraiser must: be a Member of the Appraisal Institute (M.A.I.); have his or her principal office for business in Martin, Palm Beach, or Broward County; and have been qualified to testify as an expert on land valuation in a court proceeding in at least three (3) legal proceedings involving a governmental entity. The fee of the appraiser shall be paid by the applicant when a dedication in lieu of a cash fee is requested by the applicant and by the city when the dedication in lieu of a cash fee is initiated by the city.
   B.   Police impact fee.
POLICE IMPACT FEES
Description
Unit of Measure
Fee
POLICE IMPACT FEES
Description
Unit of Measure
Fee
Residential
   Single-family
Dwelling Unit
$450
   Multi-family — Buildings with 2-4 Units
Dwelling Unit
$416
   Multi-family — Buildings with 5+ Units
Dwelling Unit
$365
Non-Residential
   Commercial
1,000 sq. ft.
$650
   Hotel and motel
Per room
$349
   Office and healthcare
1,000 sq. ft.
$227
   Institutional
1,000 sq. ft.
$56
   Industrial/Warehousing
1,000 sq. ft.
$24
 
   [1]   Should none of the above land uses adequately define a proposed non-residential development as determined by the City Manager, at the Manager's discretion the following average charge per square foot of non-residential development is considered appropriate: $434 per 1,000 sq. ft.
      1.   A police impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this Article, in accordance with the fee schedule above.
      2.   There is hereby established a police impact fee account into which all police impact fees collected shall be deposited. Police impact fee revenues shall be spent only on police facilities and police facilities capital costs as provided in this Section.
(Ord. 23-013, 7-18-23; Am. Ord. 23-022, passed 12-19-23)