Consideration and approval of an ordinance on first reading establishing a Transportation Impact Fee and adopting the findings and the impact fee study. Town Manager

ORDINANCE NO. 1136 1 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, ADOPTING A NEW SECTION 19-70, ●TRANSPORTATION IMPACT FEE," TO THE TOWN’S CODE OF ORDINANCES; PROVIDING LEGISLATIVE FINDINGS AND INTENT; PROVIDING APPLICABILITY, PURPOSE, AND DEFINITIONS; PROVIDING FOR THE ESTABLISHMENT OF A TRANSPORTATION IMPACT FEE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, the Town of Bay Harbor Islands is responsible for providing, operating, and maintaining a safe and efficient public transportation system for the movement of people and goods to protect the public health, safety, and welfare of Its residents and businesses; and 14 15 16 17 WHEREAS, new development within the Town generates additional 19 vehicular and pedestrian trips, creating increased demand upon the public 20 transportation infrastructure, including roadways, bridges, signals, signage, striping, 21 sidewalks, and related capital facilities: and WHEREAS, it is necessary and in the public interest to establish a 23 mechanism to ensure that new growth and development contributes its 24 proportionate and equitable share to the capital costs of expanding and improving 25 the transportation system necessitated by such development: and WHEREAS, the Town Council has determined that the adoption of a 27 transportation impact fee ordinance is a rational and reasonable method to fund 28 these necessary system improvements and to maintain the adopted Level of Service 29 standards for the Town's transportation network, separate from general fund 30 revenues used for operational and maintenance expenses; and WHEREAS, the Town Council held duly advertised public hearings to 18 22 26 31 Ordinance No. 1135 2 consider the adoption of this new ordinance. 32

NOW, THEREFORE,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA: 33 34 Section 1: Incorporation of Recitals. The foregoing recitals are adopted and 35 hereby incorporated as if fully set forth herein . 36 Section 2: Adoption of New Section 19-70. The Town of Bay Harbor 37 Islands Code of Ordinances is hereby amended by adding a new Section 19-70 38 titled 'Transportation Impact Fee," which shall read as follows: 39 Section 3: That any section, paragraph, sentence or word of this 40 Ordinance or the application thereof to any person or circumstance is held invalid 41 that the invalidity shall notaffectthe othersections, paragraphs, sentences, words 42 or application of this Ordinance. 43 Section 4: That it is the intention of the Town Council of the Town of Bay 44 Harbor Islands, and it is therefore ordained, that the provisions of the Ordinance 45 shall become and be made a part of the Town of Bay Harbor Islands' Code of 46 Ordinances, that sections of this Ordinance may be re-numbered or re-lettered 47 to accomplish such intentions, and that the word "Ordinance" shall be changed 48 to "Section" or other appropriate word. 49 Section 5: That all Ordinances, parts of Ordinances, Resolutions or parts of 50 Resolutions in conflict herewith be and the same are hereby repealed to the extent 51 of such conflict. 52 Section 6: That this Ordinance shall be in full force and take effect 53 immediately upon its passage and adoption. 54 55 Ordinance No. 1135 3 56 PASSED on First Reading this 1 day of February, 2026. PASSED on Second Reading this 12^ day of March, 2026. 57 58 Motion By: _ Second By: 59 60 61 FINAL VOTE ON ADOPTION: 62 63 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 64 65 66 67 68 69 70 c 2. ISAAC SALVER MAYOR 71 72 73 ATTEST: 74 75 76 77 Ey0_YI)FHEfmELLOrMMC T(DWN CLERK 78 79 80 81 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 82 83 1 y V 84 I 85 . / MCCARTER ENQLISiH. LLP INTERIM TOWN'X]7rORNEYS ' BY: TANIA CRUZ-GIMENEZ, ESQ. 86 87 88 Ordinance No. 1135 4 Vice Mayor Bruder Council Member Rappaport Yes Yes Yes Yes Yes Yes Yes 89 90 91 92 93 94 95 96 97 98 99 EXHIBIT "A" 100 101 The Town of Bay Harbor Islands, Florida Code of Ordinances is hereby amended as follows: 102 103 104 CHAPTER 19 TRAFFIC 105 ARTICLE IV. TRANSPORTATION IMPACT FEE 106 107 Reserve Sec. 19-58-68 108 Sec. 19-70. Transportation Impact Fee Short title. This section shall be known and may be cited as the Town of Bay Harbor Islands "Transportation Impact Fee Ordinance". This section shall apply to the development of property for residential or commercial use located within the boundaries of the town. Providing safe and efficient transportation for people and goods throughout the islands is a core municipal function of the Town. The benefitsof mobility relate directly to the Quality of life of our residents and the economic health of the business community. The purpose of this section is to provide a standard level of service regarding the condition of the transportation system including, but not limited to. roads, bridges, signals, signage, striping and sidewalksbut also for the addition or expansion of the transportation system necessaryto adeguatelv serve the impacts and demands of new development: and to reguirethat future growth contribute its fair share to the cost of additions and improvements to the transportation system, in amounts reasonably anticipated to offset the impacts 109 a) 110 111 b) 112 113 C) 114 115 116 117 118 119 120 121 122 123 Ordinance No. 1135 5 and demands generated by such growth. This cost does not include operational and maintenance costs. Sec. 19-71- Payment required upon building permit issuance, other Before a building permit is issued, the applicant shall be required to pay monetary fees 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 unique factors concerning the developnnent. 124 125 126 127 128 129 130 131 132 133 Ordinance No. 1135 6