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ITEM: RESOLUTION NO. R2025-61 (INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR COLLECTION OF IMPACT FEES)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING THE INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR THE COLLECTION OF IMPACT FEES AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Resolution No. R2025-61 to approve Interlocal Agreement with Palm Beach County for the collection of impact fees and authorize the Village Manager to execute the agreement.
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EXPLANATION: In 2024, Chapter 163.3180 of the Florida Statutes was amended, whereby if a county and municipality charge the developer of a new development or redevelopment a fee for transportation capacity impacts, the county and municipality must create and execute an interlocal agreement to coordinate the mitigation of their respective transportation capacity impacts. The interlocal agreement must, at a minimum:
a. Ensure that any new development or redevelopment is not charged twice for the same transportation capacity impacts.
b. Establish a plan-based methodology for determining the legally permissible fee to be charged to a new development or redevelopment.
c. Require the county or municipality issuing the building permit to collect the fee, unless agreed to otherwise.
d. Provide a method for the proportionate distribution of the revenue collected by the county or municipality to address the transportation capacity impacts of a new development or redevelopment, or provide a method of assigning responsibility for the mitigation of the transportation capacity impacts belonging to the county and the municipality.
The statute requires the interlocal agreement to be executed by October 1, 2025. If the interlocal agreement is not executed by October 1st:
a. The fee charged to a new development or redevelopment shall be based on the transportation capacity impacts apportioned to the county and municipality as identified in the developer’s traffic impact study or the mobility plan adopted by the county or municipality.
b. The developer shall receive a 10 percent reduction in the total fee calculated pursuant to sub-subparagraph a.
c. The county or municipality issuing the building permit must collect the fee charged pursuant to sub-subparagraphs a. and b. and distribute the proceeds of such fee to the county and municipality within 60 days after the developer’s payment.
A draft copy of the agreement is attached. A final version is forthcoming. If approved, the Palm Beach County Commission will consider the agreement at its September 30th meeting.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: YES
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of the Interlocal Agreement with Palm Beach County for the collection of impact fees and authorizing the Village Manager to execute the agreement.