Builders question Palm Beach County development fee increases - South Florida Sun-Sentinel.com

Discussion going on at the County Commission level about how to structure impact fee increases and the effect those increases may have on our struggling economy.  One of the lynch pins of the Lake Worth Comprehensive Plan and coming Land Development Regulations is something referred to as "Community Benefits."  As currently conceptualized, this Community Benefit program would require a developer to calculate the project's impact - anything about the second floor would count in the calculation of that building's "impact."  The developer would either pay into a fund established by the city based upon a per-square-foot equation.  The fund would provide a source of money for certain Community Benefit projects identified in a list of projects that the City Commission could change on a year-to-year basis.  They could also provide on-site improvements over and above the minimum requirement, but could not take credit for anything that "mitigate project impacts."  The question has been asked whether, given the fact that no one is beating down the city's door to develop anything, is this the right program to roll out at this time?  Is this the wrong medicine to give the patient?

The city's attorneys are looking at how this program will be structured and are attempting to provide assurance that the whole Community Benefit program is legal and it is one that is defensible.  Other policy decisions will need to be made whether or not it makes sense to impose this requirement on new development at this time.  Questions remain whether or not it can be called an impact fee, a tax, zoning exaction, redistribution of a public resource or any combination thereof.

There is a joint meeting scheduled for February 20th between the Planning and Zoning Board and the Historic Resource Preservation Board which will focus solely on the Community Benefit program as proposed.  Stay tuned...

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