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Discussion· 2026-161· Regular Town Council Meeting· June 11, 2026

Consideration and approval of an ordinance on first reading establishing a police impact fee schedule, adding Section 26-3 ("Police Impact Fees") to the Town Code of Ordinances. Town Manager

Status
pending
Importance
73/100
Track
Statura briefing · workspace aware

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DiscussionRegular Town Council Meeting

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Item text

ORDINANCE NO. 1137 1 AN ORDINANCE OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, ESTABLISHING A POLICE SERVICE IMPACT FEE; PROVIDING FOR A SHORT TITLE; PROVIDING FOR THE IMPOSITION AND CALCULATION OF THE FEE; PROVIDING FOR COLLECTION PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE TOWN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 2 3 4 5 6 7 8 9 10 WHEREAS, the Town Council of the Town of Bay

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ORDINANCE NO. 1137 1 AN ORDINANCE OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, ESTABLISHING A POLICE SERVICE IMPACT FEE; PROVIDING FOR A SHORT TITLE; PROVIDING FOR THE IMPOSITION AND CALCULATION OF THE FEE; PROVIDING FOR COLLECTION PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE TOWN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 2 3 4 5 6 7 8 9 10 WHEREAS, the Town Council of the Town of Bay Harbor Islands ("Town") is 12 empowered by the Florida Constitution, the Bay Harbor Islands Town Charter, and 13 Chapters 163 and 166, Florida Statutes, to enact ordinances for the protection, health, 14 safety, and general welfare of its residents; and WHEREAS, protecting public safety is a core municipal function of the Town, 16 and the enforcement of laws and codes is a core function of the Department of Public 17 Safety; and 11 15 WHEREAS, research consistently demonstrates that strong adherence to the rule of law is a foundational element of economically thriving and secure communities; 18 19 20 and WHEREAS, new residential and commercial development generates additional 22 demand for police services, including emergency response, traffic enforcement, and 23 crime prevention, which requires the Town to expand Its public safety capital 24 infrastructure; and 21 WHEREAS, such capital Infrastructure includes, but is not limited to, police 26 vehicles, communications equipment, information technology systems, training 27 facilities, and other equipment required to effectively and safely respond to calls for 28 service; and 25 WHEREAS, it is necessary and equitable that new development pay its 29 Ordinance No. 1137 1 proportionate share of the capital costs required to maintain the Town's standard level 30 of police service, ensuring that such growth does not diminish service levels for existing 31 32 residents and businesses; and WHEREAS, the Town intends to establish a Police Service Impact Fee that is 33 rationally and reasonably calculated to offset the capital cost impacts generated by new 34 development, separate from operational and maintenance costs which are funded 35 through the General Fund; 36

NOW, THEREFORE,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA: 37 38 Section 1: Incorporation of Recitals. The foregoing recitals are adopted and 39 hereby incorporated as if fully set forth herein . 40 Section 2: Adoption of New Chapter 26. The Town of Bay Harbor islands 41 Code of Ordinances is hereby amended by adding a new

Section 26.

1 42 titled "Police Service Impact Fee”. 43 Section 3: That any section, paragraph, sentence or word of this Ordinance 44 or the application thereof to any person or circumstance is held invalid, that the 45 invalidity shall not affect the other sections, paragraphs, sentences, words or 46 application of this Ordinance. 47 Section 4: That it is the intention of the Town Council of the Town of Bay 48 Harbor Islands, and it is therefore ordained, that the provisions of the Ordinance 49 shall become and be made a part of the Town of Bay Harbor Islands' Code of 50 Ordinances, that sections of this Ordinance may be re-numbered or re-lettered to 51 accomplish such intentions, and that the word "Ordinance" shall be changed to 52 Ordinance No. 1137 2 Section" or other appropriate word. 53 Section 5: That all Ordinances, parts of Ordinances, Resolutions or parts of 54 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 55 such conflict. 56 Section 6: That this Ordinance shall be in full force and take effect immediately 57 upon its passage and adoption. 58 PASSED on First Reading this 11**^ day of February, 2026. 59 PASSED on Second Reading this 12^day of March, 2026. 60 Motion By: _ Second By: 61 62 63 FINAL VOTE ON ADOPTION: 64 65 Mayor Isaac Salver Vice Mayor Stephanie Bruder Council Member Teh D’Amico Council Member Molly Diallo Council Member Joshua Fuller Council Member Eric Rappaport Council Member Robert Yaffe 66 67 68 69 70 71 72 73 ISAAC SALVER MAYOR 74 75 76 ATTEST: 77 78 79 EVELY TOWN CLERK 80 81 82 83 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 84 85 _-.T 86 leCARTER ENCSLI 89 INTERIM TOWN ATTORNEYS 90 BY: TANIA CRUZ-GIMENEZ, ESQ. 87 UL / 88 Ordinance No. 1137 3 Vice Mayor Bruder Council Member Rappaport Yes Yes Yes Yes Yes Yes Yes EXHIBIT "A ft 91 92 The Town of Bay Harbor Islands, Florida Code of Ordinances Is hereby amended as follows: 93 94 95 CHAPTER 26 96 POLICE 97 98 Sec. 23-1. - Bay Harbor Islands Police Impact Fee Ordinance. (a) Short title. This section shall be known and may be cited as the Town of Bay Harbor Islands "Public Safety Impact Fee Ordinance". (b) This section shall apply to the development of property for residential or commercial use located within the boundaries of the town. 99 100 101 102 103 (c) Protecting public safety is a core municipal function of the Town. The enforcement of laws and codes is a core function of the Department of Public Safety. The public benefits of this function are well established, and research consistently demonstrates that strong adherence to the rule of law is a foundational element of economically thriying and secure communities.The purpose of this section is to proyide a standard ieyel of service regarding the ability of officers to respond to calls from the public v^ith the eguipment reguired to effectively address the calls. This includes both the increased use of current eguipment and the capital expenditure needed to add or expand facilities and resources sufficient to meet the impacts and demandscreated by new development. It further ensures that future growth pays its proportionate share of these costs in amounts reasonably calculated to offset the impacts generated by that growth. This cost does not include operational and maintenance costs. 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Sec. 26-2- Payment required upon building permit issuance, other Before a building permit is issued, the applicant shall be reguired to pay monetaryfees or to dedicate land, or a combination thereof in accordance with this section. The fees as set forth in this section shall be paid upon the issuance of a building permit. However, at the discretion of the town council, the council may order said fees to be paid at the time of platting a subdivision plan, site development, or at the time of issuance of the certificate of occupancy taking into consideration the type of development and any unigue factors concerning the development. 118 119 120 121 122 123 124 125 Ordinance No. 1137 4

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