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

ORDINANCE NO. 1138 1 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, ESTABLISHING A PARK IMPACT FEE; PROVIDING FOR SHORT TITLE, APPLICABILITY, DEFINITIONS; ESTABLISHING A METHODOLOGY FOR FEE CALCULATION AND COLLECTION; PROVIDING FOR ADMINISTRATION, CREDITS, EXEMPTIONS, APPEALS, AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 3 4 AND PURPOSE; PROVIDING 5 6 7 8 9 10 11 WHEREAS, the Town of Bay Harbor Islands is committed to maintaining and enhancing its quality of life through a system of public parks, open space, and 12 13 14 recreation facilities; and WHEREAS, new residential development generates additional demand and impact upon the Town's public park system; and WHEREAS, it is fair and equitable that new residential growth pay a proportionate share of the capital costs necessary to provide additional park facilities to serve such new growth; and WHEREAS, the Town’s Comprehensive Plan establishes level of service standards for parks and recreation; and WHEREAS, this ordinance is adopted pursuant to the authority granted by Article VIII of the Florida Constitution and Chapters 163 and 170, Florida Statutes. 15 16 17 18 19 20 21 22 23

NOW, THEREFORE,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA: 24 25 Section 1: Incorporation of Recitals. The foregoing recitals are adopted and 26 27 hereby Incorporated as if fully set forth herein . Section 2: The Town of Bay Harbor Islands Code of Ordinances is hereby 28 amending Section 15-6, titled "Parks Impact Fee”. 29 Ordinance No. 1138 1 Section 3: That any section, paragraph, sentence or word of this Ordinance 30 or the application thereof to any person or circumstance is held invalid, that the 31 invalidity shall not affect the other sections, paragraphs, sentences, words or 32 application of this Ordinance. 33 Section 4: That it is the intention of the Town Council of the Town of Bay 34 Harbor Islands, and it is therefore ordained, that the provisions of the Ordinance 35 shall become and be made a part of the Town of Bay Harbor Islands' Code of 36 Ordinances, that sections of this Ordinance may be re-numbered or re-lettered to 37 accomplish such intentions, and that the word "Ordinance" shall be changed to 38 Section" or other appropriate word. 39 Section 5: That all Ordinances, parts of Ordinances, Resolutions or parts of 40 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 41 such conflict. 42 Section 6: That this Ordinance shall be in full force and take effect immediately 43 upon its passage and adoption. 44 PASSED on First Reading this 1 day of February, 2026. 45 PASSED on Second Reading this 12^ day of March, 2026. 46 47 Motion By: _ Second By: 48 49 50 51 52 53 54 55 56 57 Ordinance No. 1138 2 Vice Mayor Bruder Council Member Rappaport 58 59 FINAL VOTE ON ADOPTION: 60 Mayor Isaac Salver Vice Mayor Stephanie Bruder Council Member Teri D’Amico Council Member Molly Diallo Council Member Joshua Fuller Council Member Eric Rappaport Council Member Robert Yaffe 61 62 63 64 65 66 67 68 69 70 71 c \ A ISAAC SALVER MAYOR 72 73 74 ATTEST: 75 76 77 78 79 80 TOWN CLERK 81 82 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 83 84 .{● ,85 MCfCARTER ENG^ INTERIM TOWN AipfORNEYS BY: TANIA CRU2-GIMENEZ, ESQ. LLP 87 88 89 90 91 Ordinance No. 1138 3 Yes Yes Yes Yes Yes Yes Yes 92 EXHIBIT’'A II 93 The Town of Bay Harbor Islands, Florida Code of Ordinances Is hereby amended as follows: 94 95 CHAPTER 15 PARK AND RECREATION 96 97 Sec. 15-6. - Bay Harbor Islands Local Park Impact Fee Ordinance. 98 Sec. 15-6.1. - Short title, applicability and purpose. (a) Short title. This section shall be known and may be cited as the Town of Bay Harbor Islands "Park Impact Fee Ordinance". {b) This section shall apply to the development of property for residential and/or commercial use located within the boundaries of the town. Nonresidential development-of-property shall not be subject to the terms of this section. In mixed use developments, only that portion of a development used for residential purposes shall be subject to the terms of this section. (c) The existence of public parks has substantial benefits to proximate residential development and provides benefits to people visiting commercial uses as well. These benefits include actual use by residents and visitors of such development and aesthetic, recreational, and environmental benefits to the residential area and et population associated with its uses. These benefits accrue to all properties and residents of the area. The purpose of this section is to provide not only for the minimum level of service established by the tevffl^-adopted comprehensive plan, but also industry standard open space and recreation land use to developed area ratios, but also for the additional public park open space and recreation facilities necessary to adequately serve the impacts and demands of new residential development; and to require that future residential growth contribute its fair share to the cost of additions and improvements to the town's public park system in amounts reasonably anticipated to offset the impacts and demands generated by such growth. This cost does not include operational and maintenance costs. Sec. 15-6.4. - General provisions. 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Ordinance No. 1138 4 All residential and commercial development is deemed to create an impact and therefore an increased demand for public facilities including open space, park and recreational facilities. As such, the cost of new public facilities should be borne by new users to the extent new users require new facilities. Therefore, any application for a building permit within the town enabling the construction of a new residential dwelling development on or after the effective date of Ordinance No. 78^1 [November 14, 2QQ5] [Effective Date] shall be subject to the imposition of park impact fees in the manner and amount set forth in this section. 123 124 125 126 127 128 129 130 Sec. 15-6.9. - New development, defined; applicability of section. The term "new" development shall mean any new residential dwelling unit, new commercial and/or improvements to an existing dwelling unit or commercial that increase the utility of the dwelling unit (i.e. additional bedrooms) or square footage for which a building permit is required, or will be required as of the effective date of Ordinance No. 784 [November 14, 2005] [Effective Date]. In the case of existing development, no impact fee shall be required for any existing dwelling units demolished or renovated as part of a redevelopment project, only new dwelling units. To receive a credit, evidence shall be submitted clearly indicating the quantity of existing dwelling units, including but not limited to, a current survey (not more than six months old), utility bills or tax records. No credit shall be given if the property has been vacant for more than 24 months prior to the application for development approval. If an existing dwelling unit is modified to add additional bedrooms, a partial park impact fee shall be required for the additional bedroom. In this instance, the town impact fee shall be one-half the normal fee. 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 Ordinance No. 1138 5