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ITEM: ORDINANCE NO. 2024-01 (AMENDMENTS TO CHAPTER 10 OF WELLINGTON'S CODE OF ORDINANCES)
AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL AMENDING THE WELLINGTON CODE OF ORDINANCES, MORE SPECIFICALLY, TO ADOPT, BY REFERENCE, THE PUBLIC FACILITIES IMPACT FEE STUDY; TO MODIFY CERTAIN PROVISIONS IN CHAPTER 10 (IMPACT FEES), AS CONTAINED HEREIN, TO PROVIDE FOR A PUBLIC FACILITIES IMPACT FEES; TO ESTABLISH THE FINDINGS AND IMPLEMENTATION OF A PUBLIC FACILITIES IMPACT FEE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Ordinance No. 2024-01.
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EXPLANATION: On October 11, 2022, the Village Council adopted the current Code of Ordinances, updating the "original" Code adopted in 1997 (and amended numerous times over 25 years).
This amendment is to adopt a Public Facilities Impact Fee (by reference), create a Public Facilities Impact Fee schedule, and update the implementation standards for impact fees in general to be consistent with Florida State Statutes and Palm Beach County standards.
The Public Facilities Impact Fee is a new fee that will become effective on October 1, 2024, for all new applicable building permit applications. These impact fees will be designated for public facilities, as indicated in the Capital Improvement Element of the Comprehensive Plan or adopted within a Capital Improvements Budget.
Additionally, existing impact fees are collected at the time of building permit application. This practice has recently changed to address potential shortfalls due to annual inflation and possible rate changes. All impact fees will be collected once the permit is approved and is ready to be issued. This is already being implemented in many other jurisdictions.
Impact fees are important to meet the needs of a growing community. The Comprehensive Plan requires that development pay for its impacts directly. This creates how these impacts are mitigated without taxing the exi...
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