Legislation Details

File #: 24-833   
In control: Public Works and Environmental Services - Housing and Urban Planning Division
Agenda Date: 6/18/2024 Final action: 6/18/2024
Title: MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 5 Article IX of the Broward County Code of Ordinances ("Land Development Code") and Chapter 27 ("Operational Policy, Resilient Environment Department") of the Broward County Administrative Code for compliance with HB 479 of the 2024 Legislative Session related to the calculation and assessment of impact fees.
Attachments: 1. Exhibit 1 - Memo from CAO
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Urban Planning Division

Information
Requested Action
title
MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 5 Article IX of the Broward County Code of Ordinances ("Land Development Code") and Chapter 27 ("Operational Policy, Resilient Environment Department") of the Broward County Administrative Code for compliance with HB 479 of the 2024 Legislative Session related to the calculation and assessment of impact fees.

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Why Action is Necessary
Pursuant to Section 18.5(e) of the Broward County Administrative Code, the subject matter of a proposed Ordinance must be considered by the Board prior to the drafting of the proposed Ordinance.

What Action Accomplishes
Provides required direction to the Office of the County Attorney.

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?County Commission
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Previous Action Taken
None taken.

Summary Explanation/Background
THE RESILIENT ENVIRONMENT DEPARTMENT AND THE URBAN PLANNING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

HB 479, Alternative Mobility Funding Systems, is expected to become law October 1, 2024. The Office of the County Attorney has provided a summary of HB 479 and evaluated its effect on the ability of staff to continue to assess impact fees on development permits in Broward County (Exhibit 1). The County's existing impact fee studies do not meet the minimum requirements outlined in the statute. Based on this finding, there is no legal basis for the County to continue to assess transportation concurrency, road, and recreational/park impact fees. Therefore, staff recommends that the Land Development Code be amended to remove these fees to be consistent with HB 479 when it becomes law.

In Fiscal Year 2024 budget, the Board allocated $150,000 to fund a feasibility study for development of a Mobility Fee intended to replace the curr...

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