Ordinance No. 90-07-199ORDINANCE NUMBER 90-07-199
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER
90-01-172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND
INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS
ORDINANCE. SPECIFICALLY ADDING NEW ARTICLE V.
CONCURRENCY MANAGEMENT SYSTEM AND PROPORTIONATE
FAIR SHARE (ATTACHED AS EXHIBIT A) TO CHAPTER 24 OF THE
CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH,
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, pursuant to Chapter 163, Part II, Florida
Statutes, Section 163.3164, Local Government Comprehensive Planning and Land Development
Regulation Act, and 2005 Senate Bill 360, is required to a maintain a Concurrency Management
System and to implement a proportionate fair-share mitigation program, which may be used to
provide concurrency for transportation facilities identified within the 5-year Schedule of Capital
Improvements as included within the Capital Improvements Element of the adopted
Comprehensive Plan, as maybe amended.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations is
hereby amended to add new Article V. Concurrency Management System and Proportionate Fair
Share, attached hereto as Exhibit A.
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic
Beach, Florida, ir. accordance with Section 125.68, Florida Statutes.
Passed on first reading by the City Commission of the City of Atlantic Beach this 9th day of
Apri12007. Passed on final reading and public hearing this 23rd day of April 2007.
Ap to form and correctness:
A C. JE SEN, ESQUIRE
Attorney
ATT T:
QyZ~rLdI V~
DONNA BUSSEY
City Clerk
. ~.,~
DONALD M. WOLFSON
Mayor/Presiding Officer
EXHIBIT A -ORDINANCE 90-07-199
ARTICLE V.
CONCURRENCY MANAGEMENT SYSTEM
AND PROPORTIONATE FAIR SHARE
DIVISION 1. CONCURRENCY MANAGEMENT SYSTEM
Sec. 24-261. Purpose and Intent.
(a) The purpose of a Concurrency Management System is to provide the necessary regulatory
mechanism for evaluating Development Orders to ensure that the Level of Service standards, as
set forth within the adopted Comprehensive Plan of the City of Atlantic Beach, as may be
amended, are maintained. The system consists of three primary components: 1) an inventory of
existing public facilities for which concurrency is to be determined, 2) a concurrency assessment
of each application for a final Development Order, and 3) a schedule of improvements needed to
correct any existing public facility deficiencies.
(b) The intent of this system as expressed by the Florida Legislature is to: ensure that issuance of a
Development Order is conditioned upon the availability of public facilities and services necessary
to serve new Development (Rule 9J-5.0055, F.A.C.) However, Development Orders may be
conditioned such that needed public facility improvements will be in place concurrent with the
impacts of the proposed Development, except that Transportation Concurrency requirements can
be met through the Proportionate Fair-Share Program as set forth herein.
(c) The terms Development Order and Development Permit, including any building permit, zoning
permit, subdivision approval, rezoning, special exception, variance, or other official action of the
local government having the effect of permitting the development of land, may be used
interchangeably within these Land Development Regulations and shall have the meaning as set
forth in Section 24-17 of this Chapter and within Florida Statutes.
Sec. 24-262. Administrative Responsibility.
(a) The City Manager, or the City Manager's designee, shall be responsible for the three primary
tasks required to implement the Concurrency Management System. These three tasks are:
(i.) maintaining an inventory of existing public facilities and capacities or deficiencies;
(ii.) providing advisory concurrency assessments and recommending conditions of approval to
the City Commission for those applications for Development Orders which require City
Commission approval; and
(iii.) reporting the status of all public facilities covered under this system to the City Commission
during the annual budget process and to the Department of Community Affairs, as may be
required.
(b) The City Manager, or the City Manager's designee, shall also collect and make available to the
public information on those facilities listed in the Capital Improvements Element of the
Comprehensive Plan. This information shall be updated yearly and shall be available during the
annual budget preparation process.
EXHIBIT A Page 1 of 12• Ordinance 90-07-199
Sec. 24-263. Applicability.
Prior to the approval and issuance of a Development Order, all applications shall be reviewed for
Concurrency consistent with the provisions and requirements of this Concurrency Management
System. Development Orders may be issued only upon a finding by the City that the public facilities
addressed under the Concurrency Management System will be available concurrent with the impacts
of the Development, or as otherwise provided for within the Transportation Element of the
Comprehensive Plan, as may be amended and in accordance with State Statutes and Rules relating to
Concurrency.
Sec. 24-264. Projects not requiring a Concurrency Certificate.
(a) Development Orders, including building permits issued for single-family and two-family
residential Development upon existing Lots of Record, and those issued solely for alteration,
remodeling, reconstruction, or restoration of residential units provided that such permits do not
authorize an increase in the number of Dwelling Units; and for non-residential uses, those permits
that do not authorize an increase in the square feet of the Development shall be deemed no impact
projects and shall not require a Concurrency Certificate. It shall be the Applicant's responsibility
to demonstrate and certify this provision in accordance with Concurrency review procedures.
(b) Applications for Development Orders for projects, which are deemed to have no impact upon
public facilities and services as defined in the preceding paragraph or to have a de minimus
transportation impact as defined by State law, or projects which have acquired statutory or
common law vested rights, shall not require a Concurrency Certificate. It shall be the Applicant's
responsibility to demonstrate and certify consistency with this provision in accordance with
Concurrency review procedures.
Sec. 24-265. Application and review and approval requirements.
(a) The City shall provide administrative procedures to implement the Concurrency Management
System. The provisions and requirements of the Concurrency Management System shall apply
only to those facilities listed in the Capital Improvements Element of the Comprehensive Plan.
(b) All Applicants for Development Orders shall be required to provide information as deemed
necessary by the City so that the impacts of the proposed Development may be accurately
assessed. Development subject to transportation Concurrency review shall at a minimum provide
a traffic impact study identifying proposed Uses, applicable ITE Land Use Codes, Building size
and number of Dwelling Units, as applicable, using trip generation rates or equations contained in
the most recent version of the ITE Trip Generation Informational Report.
(c) The Applicant shall submit, in writing, the methodology proposed to be used in the trip generation
analysis and traffic impact study prior to conducting the study. Any transportation related studies
shall be performed by qualified professionals using currently accepted traffic engineering
principles. The methodology shall be subject to review and approval by the City's Director of
Public Works or other transportation professionals as may be engaged and designated by the City
Manager for this purpose. The distribution and assignment of project traffic shall be made in
accordance with the approved methodology and in conformity with accepted traffic engineering
principles, such as those documented in NCHRP Report 187, "Quick-Response Urban Travel
Estimation Techniques and Transferable Parameters -Users Guide".
EXHIBIT A Page 2 of 12 Ordinance 90-07-199
(d) Where a determination of available concurrency is made, a Concurrency Certificate shall be
issued setting forth terms and conditions of the approval In the case that a Concurrency
Certificate is revoked, denied or expires, the capacity reserved for that project is released for use.
(e) Once a Concurrency Certificate is issued, any change in land area, Use, intensity, Density or
timing and phasing of the approved Project, which results in increased impacts to public facilities
and services shall require modification to the Concurrency Certificate in accordance with
established procedures.
Sec. 24-266. Timing and completion of required public facility improvements.
In order to ensure that all public facilities included within this Concurrency Management System are
available concurrent with the impacts of Development, concurrency shall be determined during the
review and approval process as applicable for the proposed Development and prior to the issuance of
a final Development Order. All final Development Orders shall specify any needed improvements
and a schedule for their implementation consistent with the requirements of this Article. Thus, while
some required improvements may not have to be completed until a Certificate of Occupancy is
applied for, the requirements for the Certificate of Occupancy, or functional equivalent, shall have
previously been established as a binding condition of approval of the original final Development
Order. If a Development proposal cannot meet the test for concurrency, then it may not proceed
under any circumstances, and no Development Orders may be issued. Likewise, if a Development
fails to meet a condition of approval once it has commenced, then no additional Development Orders,
permits, or Certificates of Occupancy shall be issued.
Sec. 24-267. Capacity and Level of Service Inventory
The City Manager, or the City Manager's designee, shall collect and make available to the public as
may be requested, information on capital facilities as identified within the Capital Improvements
Element of the adopted Comprehensive Plan. The information shall be available during the annual
budget preparation process. The provisions and requirements of the Concurrency Management
System shall apply only to those facilities as listed within the Comprehensive Plan. The following
data shall be maintained and shall be used for the purpose of concurrency assessment of the impacts
of new Development.
(a) Transportation and Roadway Facilities.
(i.) Design capacity of different roadway types.
(ii.) The existing Level of Service measured by the average annual number of trips per day on a
roadway link as reported by the Florida Department of Transportation or the City.
(iii.) The adopted Level of Service standards for all roadway types.
(iv.) The existing remaining capacities or deficiencies of the roadway network.
Deficient shall be defined as any location where the existing or projected peak hour traffic
volume (existing traffic, plus vested Development traffic, plus reserved Development
traffic, plus project traffic) exceeds one hundred percent (100%) of the maximum service
volume of the adopted Level of Service standard, or other calculated capacity as approved
by the City.
(v.) The capacities reserved for approved but unbuilt Development.
(vi.) The projected capacities or deficiencies due to approved but unbuilt Development.
EXHIBIT A Page 3 of 12 Ordinance 90-07-199
(vii.) The improvements to be made to the roadway network in the current fiscal year by any
approved Developments pursuant to previous Development Orders and the impact of such
improvements on the existing capacities or deficiencies.
(viii.)The improvements to be made to the roadway network in the current fiscal year by the City,
the City of Jacksonville, the State of Florida Department of Transportation, or other public
agency and the impact of such improvements on the existing capacities or deficiencies.
(ix.) Development that has de minimis impacts for concurrency (to ensure that the 110% criteria
pursuant to State requirements is not exceeded.)
(b) Sanitary Sewer.
(i.) The design capacity of the wastewater treatment facilities.
(ii.) The existing Level of Service measured by the average number of gallons per day per unit
based on the average flows experienced at the treatment plant and the total number of
equivalent residential units within the service area.
(iii.) The adopted Level of Service standard for average daily flow per equivalent residential unit.
(iv.) The existing deficiencies of the system.
(v.) The capacities reserved for approved but unbuilt Development within the service area of the
system.
(vi.) The projected capacities or deficiencies due to approved but unbuilt Development within the
City or the service area of the system.
(vii.) The improvements to be made to the facility in the current fiscal year by the City and the
impact of such improvements on the existing capacities or deficiencies.
(viii.)The improvements to be made to the facility in the current fiscal year by any approved
Developments pursuant to previous Development Orders and the impact of such
improvements on the existing capacities or deficiencies.
(c) Potable Water.
Vii.) The design capacity of the City's potable water supply.
(ii.) The existing Level of Service measured by the average daily flow in gallons per unit based
on the total number of equivalent residential units within the service area.
(iii.) The adopted Level of Service standards for the potable water system.
(iv.) The existing capacities or deficiencies of the system.
(v.) The capacities reserved for approved but unbuilt Development within the City and the
service areas.
(vi.) The improvements to be made to the facility in the current fiscal year by an approved
Development pursuant to previously issued Development Orders and the impact of such
improvements on the existing capacities or deficiencies.
(vii.) The improvements to be made to the facility in the current fiscal year by the City and the
impact of such improvements on the existing capacities or deficiencies.
EXI-IIBIT A Page 4 of 12 Ordinance 90-07-199
(d) Solid Waste Disposal.
(i.) The design capacity of solid waste disposal facilities located in the City.
(ii.) The existing Level of Service measured by the amount of solid waste collected and
requiring disposal on a per capita basis.
(iii.) The adopted Level of Service standard for solid waste.
(iv.) The capacities required for approved but unbuilt Development.
(v.) The projected restraining capacities or deficiencies due to approved but unbuilt
Development.
(vi.) The improvements to be made to the system in the current fiscal year by any approved
Developments pursuant to previous Development Orders and the impact of such improve-
ments on the existing capacities or deficiencies.
(vii.) The improvements to be made to the system in the current fiscal year by the City and the
impact of such improvements on the existing capacities or deficiencies.
(e) Stormwater and Drainage.
(i.) The existing Level of Service measured by storm events as determined by the City.
(ii.) The adopted Level of Service standards for stormwater and drainage.
(iii.) The improvements to be made to the system in the current fiscal year by any approved
Developments pursuant to previous Development Orders and the impact of such improve-
ments on the existing capacities or deficiencies.
(iv.) The improvements to be made to the system in the current fiscal year by the City and the
impact of such improvements on the existing capacities or deficiencies.
(v.) The improvements scheduled by the City as part of the continuing implementation of the
City's Master Stormwater Plan, as may be updated.
(t) Recreation and Open Space.
(i.) The existing supply of recreation and open space lands and the adequacy of recreational
facilities as outlined in the Recreation and Open Space Element of the Comprehensive Plan.
(ii.) The existing Level of Service measured by the total acreage and facilities available per the
appropriate number of residents of the City based on a current inventory of acreage and
facilities in the City, or serving the City and the population of the City.
(iii.) The adopted Level of Service standards for park and open space lands and the acreage and
individual recreation facilities as outlined in the Recreation and Open Space Element of the
Comprehensive Plan.
(iv.) The existing capacities or deficiencies of the recreational facilities system with
consideration given to changing demographics and changing recreational trends.
EXHIBIT A Page 5 of 12 Ordinance 90-07-199
DIVISION 2. Proportionate Fair-Share Mitigation
of Development Impacts on Transportation Corridors
Sec. 24-268. Transportation Concurrency defined.
Transportation Concurrency means that transportation facilities needed to serve new Development
shall be in place or under actual construction within three (3) years after the local government
approves a Development Order, Building Permit or a functional equivalent that results in an increase
in traffic generation.
Sec. 24-269. Applicability.
Pursuant to the requirements of Chapter 163, Florida Statutes and 2005 Senate Bill 360, this
transportation Proportionate Fair-Share Program is adopted by the City of Atlantic Beach. This
Proportionate Fair-Share Program shall apply to all Development within the City that has been
notified of a lack of capacity to satisfy Transportation Concurrency on a transportation facility
identified within the City Concurrency Management System, including transportation facilities
maintained by FDOT or another jurisdiction that are relied upon for Concurrency determinations. The
Proportionate Fair-Share Program does not apply to Developments of Regional Impact (DRIs) using
proportionate fair-share under §163.3180(12), Florida Statutes, or to Development deemed, for the
purpose of Concurrency review to be no impact projects as set forth in Section 24-264 of the
Concurrency Management System or the Comprehensive Plan, or Chapter 163.3180, Florida Statutes,
regarding exceptions and de minimis impacts.
Sec. 24-270. Schedule of fees to determine Proportionate Fair-Share Mitigation.
In addition to the established fees associated with the review and issuance of Development Orders
and Concurrency review, the following additional review fees shall apply to Development seeking
approval through the Proportionate Fair-Share Mitigation Program.
(a) For residential new buildings: $50.00 per dwelling unit.
(b) For nonresidential new buildings: $50.00 per 1,000 square feet of enclosed area, or fraction
thereof.
(c) The City retains the right to utilize private consulting services to determine Proportionate Fair-
Share Mitigation. In the event the City engages private consulting services, the actual cost of
these services shall be the responsibility of the applicant. Actual costs include City staff time as
well as consulting fees.
Sec. 24-271. General Requirements.
(a) An Applicant may satisfy the Transportation Concurrency requirements of the City and the
Florida Department of Transportation by making a Proportionate Fair Share contribution,
pursuant to the following requirements:
(i.) The proposed Development is consistent with the Comprehensive Plan and applicable Land
Development Regulations.
(ii.)The five-year schedule of capital improvements, as included within the Capital Improvements
Element (CIE) City's Comprehensive Plan or the long-term schedule of transportation
improvements within an adopted long-term Concurrency Management System includes a
transportation improvement(s) that, upon completion, will satisfy the requirements of the
EXHIBIT A Page 6 of 12 Ordinance 90-07-199
City's transportation Concurrency Management System. The provisions of following
paragraph (b) may apply if a project or projects needed to satisfy concurrency are not
presently contained within the local government Capital Improvements Element or an adopted
long-term schedule of capital improvements.
(b) An Applicant may also satisfy Transportation Concurrency through the Proportionate Fair-Share
Program by contributing to an improvement that, upon completion, will satisfy the requirements
of the City's Transportation Concurrency Management System, but which is not contained in the
five-year schedule of capital improvements in the Capital Improvements Element (CIE) of the
Comprehensive Plan or a long-term schedule of capital improvements for an adopted long-term
Concurrency Management System, where the following apply:
(i.) The City has adopted, by resolution or ordinance, a commitment to add the improvement to
the five-year schedule of capital improvements in the Capital Improvements Element or long-
term schedule of capital improvements for an adopted long-term Concurrency Management
System (no later than the next regularly scheduled update.) The proposed improvement(s)
must be reviewed by the City and determined to be financially feasible pursuant to
§163.3180(16)(b)1, Florida Statutes, consistent with the Comprehensive Flan, and in
compliance with the provisions of this Proportionate Fair-Share program.
Financial feasibility as used within this Section shall mean that additional contributions,
payments or funding sources are reasonably anticipated during a period not to exceed ten (10)
years to fully mitigate impacts upon the transportation facilities.
(ii.)If the funds allocated for the five-year schedule of capital improvements in the City's Capital
Improvements Element are insufficient to fully fund construction of a transportation
improvement required by the Concurrency Management System, the City may, at its
discretion, enter into a binding Proportionate Fair-Share Agreement with the Applicant
authorizing construction of that amount of Development on which the proportionate fair-share
is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for
one or more improvements which will, in the opinion of the City, or entity or entities
maintaining the transportation facilities, significantly benefit the impacted transportation
system.
(c) Any improvement project proposed- to meet the Applicant's proportionate fair-share obligation
shall be designed and constructed in accordance with the standards of the City for locally
maintained roadways, and those of the FDOT for the state highway system.
Sec. 24-272. Application Process.
(a) Upon notification of a lack of capacity to satisfy Transportation Concurrency, the Applicant shall
also be notified in writing of the opportunity to satisfy Transportation Concurrency through the
Proportionate Fair-Share Program pursuant to the provisions of preceding Section 24-269.
(b) Prior to submitting an application for a Proportionate Fair-Share Agreement, apre-application
meeting shall be held to discuss eligibility, application submittal requirements, potential
mitigation options, and related issues. If the impacted facility is on the Strategic Intermodal
System (SIS), the FDOT shall be notified and invited to participate in the pre-application meeting.
If the impacted facility is within the City of Jacksonville or an adjacent municipality, the affected
municipality shall be invited to participate in the pre-application meeting.
EXHIBIT A Page 7 of 12 Ordinance 90-07-199
(c) Eligible Applicants shall submit an application to the City that includes the following:
(i.) Name, address and phone number of owner(s), developer and agent;
(ii.) Property location, including parcel identification numbers;
(iii.) Legal description and survey of property;
(iv.) Project description, including type, intensity and amount of Development;
(v.) Phasing schedule, if applicable;
(vi.) Description of requested proportionate fair-share mitigation method(s);
(vii.) Copy of concurrency application, and
(viii.) Any other information deemed necessary by the City.
(d) The City Manager, or the City Manager's designee shall review the application and certify that
the application is sufficient and complete within five (5) working days of receipt. If the
application is determined to be insufficient, incomplete or inconsistent with the general
requirements of the Proportionate Fair-Share Program as indicated in Section 24-269, General
Requirements, the Applicant shall be notified in writing of such deficiencies within five (5)
working days of said determination. If such deficiencies are not remedied by the Applicant
within ten (10) working days of receipt of the written notification, the application will be deemed
abandoned. The City Manager or Community Development Director may, at their discretion,
grant an extension of time not to exceed sixty (60) days to cure such deficiencies, provided that
the Applicant has shown good cause for the extension and has taken reasonable steps to effect a
cure.
(e) Pursuant to § 163.3180(16)(e), Florida Statutes, proposed proportionate fair-share mitigation for
Development impacts to facilities on the SIS requires the concurrency of the FDOT.
Accordingly, the City shall submit evidence of an agreement between the Applicant and the
FDOT for inclusion in the Proportionate Fair-Share Agreement.
(f) When an application is deemed sufficient, complete, and eligible, the Applicant shall be advised
in writing, and a proposed proportionate fair-share obligation and binding agreement will be
prepared by the City or the Applicant with direction from the City and delivered to the
appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-
share mitigation on a SIS facility, no later than thirty (30) days from the date at which the
Applicant received the notification of a sufficient application and no fewer than fifteen (15)
working days prior to the City Commission meeting when the agreement will be considered.
(g) Proportionate Fair-Share Agreements shall be reviewed by the City Attorney and shall be
approved by the City Commission. The Applicant shall be notified no later than fifteen (15)
working days prior to the Commission meeting.
Sec. 24-273. Determining Proportionate Fair-Share Obligation.
(a) Proportionate fair-share mitigation for concurrency impacts may include, without limitation,
separately or collectively, private funds, contributions of land, and construction and contribution
of facilities. (§ 163.3180 (16) (c), Florida Statutes.)
(b) A Development shall not be required to pay more than its proportionate fair-share. The fair
market value of the proportionate fair-share mitigation for the impacted facilities shall not differ
regardless of the method of mitigation. (§ 163.3180 (16) (c), F.S.)
(c) The methodology used to calculate an Applicant's proportionate fair-share obligation shall be as
provided for in Section 163.3180 (12), Florida Statutes, as follows: "The cumulative number of
trips from the proposed Development expected to reach roadways during peak hours from the
EXHIBIT A Page 8 of 12 Ordinance 90-07-199
complete build out of a stage or phase being approved, divided by the change in the peak hour
maximum service volume (MSV) of roadways resulting from construction of an improvement
necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of
developer payment, of the improvement necessary to maintain the adopted LOS."
or
Proportionate Fair-Share = E[[(Development Trips;) / (SV Increase,)] x Cost; ]
Where:
Development Trips; =Those trips from the stage or phase of Development under
review that are assi ed to roadwa se "'"
gn y gment i and have triggered a deficiency per
the Concurrency Management System;
SV Increase; =Service volume increase provided by the eligible improvement to
roadway segment "i"per the definition of Transportation Concurrency;
Cost; =Adjusted cost of the improvement to segment "i". Cost shall include all
improvements and associated costs, such as design, right-of--way acquisition, planning,
engineering, inspection; and physical Development costs directly related associated
with construction at the anticipated cost in the year it will be incurred.
(d) For the purposes of determining proportionate fair-share obligations, the City shall determine
improvement costs based upon the actual cost of the improvement as obtained from the Capital
Improvements Element, the First Coast Metropolitan Planning Organization (FCMPO)
Transportation Improvement Program (TIP) or the FDOT Work Program. Where such
information is not available, improvement cost shall be determined using one of the following
methods:
(i.) An analysis by the City of costs by cross section type that incorporates data from recent
similar roadway projects and is updated annually and approved by the City Commission or
their designee. In order to accommodate increases in construction material costs, project
costs shall be adjusted by the application of an annual inflation factor, which has been
agreed upon by the City, such as:
n
Coatn = Coato x (1 + Cost-growtha r)
y
Where:
Cost =The cost of the improvements in year n;
n
Coato = The cost of the improvement in the current year;
Cost growth =The growth rate of costs over the last three years;
Syr
n = The number of years until the improvement is constructed.
The three-year growth rate is determined by the following formula:
Cost_growth3yr = [Cost growth 1 + Cost growth Z + Cost growth 3]/3
Where:
Cost~rowth3yr = The growth rate of costs over the last three years;
Cost growth 1 = The growth rate of costs in the previous year;
Cost_growth 2 = The growth rate of costs two years prior;
Cost growth a = The growth rate of costs three years prior.
EXHIBIT A Page 9 of 12 Ordinance 90-07-199
or
(ii.) The most recent issue of FDOT Transportation Costs, as adjusted based upon the type of
cross-section (urban or rural); locally available data from recent projects on acquisition,
drainage and utility costs; and significant changes in the cost of materials due to
unforeseeable events. Cost estimates for State road improvements not included in the
adopted FDOT Work Program shall be determined using this method in coordination with
the FDOT District.
(e) If the City has accepted an improvement project proposed by the Applicant, then the value of the
improvement shall be determined using one of the methods provided in this Section.
(f) If the City has accepted right-of--way dedication for the proportionate fair-share payment, credit
for the dedication of the non-site related right-of--way shall be valued on the date of the dedication
at fair market value established by an independent appraisal approved by the City and at no
expense to the City, or based upon the most recent assessed value by the Duval County Property
Appraiser. The Applicant shall supply a survey and legal description of the land and a certificate
of title or title search of the land to the City at no expense to the City. If the estimated value of
the right-of--way dedication proposed by the Applicant is less than the City estimated total
proportionate fair-share obligation for that Development, then the Applicant must also pay the
difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real
estate intended to be used for the proportionate fair-share, public or private partners should
contact the FDOT for essential information about compliance with federal law and regulations.
Sec. 24-274. Proportionate Share Agreements.
(a) Upon execution of a Proportionate Fair-Share Agreement (Agreement) the Applicant shall receive
a City Certificate of Concurrency approval. Should the Applicant fail to apply for a Development
Order within twelve (12) months or a timeframe provided within the Agreement, then the
Agreement shall be considered null and void, and the Applicant shall be required to reapply.
(b) Payment of the proportionate fair-share contribution is due in full prior to issuance of the final
Development Order or recording of the Final Plat and shall be non-refundable. If the payment is
submitted more than (twelve) 12 months from the date of execution of the Agreement, then the
proportionate fair-share cost shall be recalculated at the time of payment based on the best
estimate of the construction cost of the required improvement at the time of payment, pursuant to
Section 24-273, Determining Proportionate Fair-Share Obligation, and adjusted accordingly.
(c) All developer improvements authorized under this ordinance must be completed prior to issuance
of a Development Order, or as otherwise established in a binding agreement that is accompanied
by a security instrument that is sufficient to ensure the completion of all required improvements.
(d) Dedication of necessary right-of--way for facility improvements pursuant to a Proportionate Fair-
Share Agreement must be completed prior to issuance of the final Development Order or
recording of the Final Plat.
(e) Any requested change to a Development project subsequent to a Development Order may be
subject to additional proportionate fair-share contributions to the extent the change would
generate additional traffic that would require mitigation.
(fl Applicants may submit a letter to withdraw from the Proportionate Fair-Share Agreement at any
time prior to the execution of the Agreement. The application fee and any associated advertising
costs to the City shall be non-refundable.
EXHIBIT A Page 10 of 12 Ordinance 90-07-199
(g) The City may enter into Proportionate Fair-Share Agreements for selected corridor improvements
to facilitate collaboration among multiple Applicants on improvements to a shared transportation
facility.
Sec. 24-275. Appropriation of Fair-Share Revenues.
(a) Proportionate fair-share revenues shall be placed in the appropriate project budget account for
funding of scheduled improvements in the City's Capital Improvements Element, or as otherwise
established in the terms of the Proportionate Fair-Share Agreement. At the discretion of the local
government, proportionate fair-share revenues maybe used for operational improvements prior to
construction of the capacity project from which the proportionate fair-share revenues were
derived. Proportionate fair-share revenues may also be used as the 50% local match for funding
under the FDOT Transportation Regional Incentive Program (TRIP).
(b) In the event a scheduled facility improvement is removed from the Capital Improvements
Element, then the revenues collected for its construction may be applied toward the construction
of another improvement within that same corridor or sector that would mitigate the impacts of
Development pursuant to the requirements of Section 24-271, General Requirements.
(c) Where an Applicant constructs a transportation facility that exceeds the Applicant's proportionate
fair-share obligation, the City shall be reimburse the excess contribution to the Applicant in either
of the following prescribed methods:
(i.) An account may be established for the Applicant for the purpose of reimbursing the Applicant
for excess contribution with proportionate fair-share payments from future Applicants on the
facility.
(ii.) The City may compensate the Applicant for the excess contribution through payment or some
combination of means acceptable to the City and to the Applicant.
Sec. 24-276. Other Provisions.
(a) In the interest of intergovernmental coordination and to reflect the shared responsibilities for
managing Development and concurrency, the City may enter an agreement with one or more
adjacent local governments to address cross jurisdictional impacts of Development on regional
transportation facilities. The agreement shall provide for application of the methodology in this
section to address the cross jurisdictional transportation impacts of Development.
(b) A Development application submitted to the City subject to a transportation concurrency
determination meeting all of the following criteria shall be subject to this section:
(i.) Using its own concurrency analysis procedures, the City concludes that the additional traffic
from the proposed Development would impact a Collector or Arterial roadway on the City's
Concurrency Management System; and
(ii.) The impacted Collector or Arterial roadway is either currently operating below that facility's
adopted Level of Service, or is projected to be operating below the Level of Service standard
when the traffic from the proposed Development is included into the Concurrency
Management System.
EXHIBIT A Page 11 of 12 Ordinance 90-07-199
(c) Upon identification of an impacted Collector or Arterial roadway pursuant to subsection 2(a)-(b)
above, the City shall notify the Applicant and the affected adjacent local government in writing of
the opportunity to derive an additional proportionate fair share contribution, based on the
projected impacts of the proposed Development on the impacted adjacent facility.
(i) The adjacent local government shall have up to ninety (90) days in which to notify the City
of a proposed specific proportionate fair-share obligation, and the intended use of the funds
when received. The adjacent local government must provide reasonable justification that
both the amount of the payment and its intended use comply with the requirements of
Section 163.3180(16), Florida Statutes. Should the adjacent local government decline
proportionate fair-share mitigation under this Section, then the provisions of this Section
shall not apply, and the Applicant would be subject only to the proportionate fair share
requirements of the City.
(ii) If the subject application is subsequently approved by the City, the approval shall include a
condition that the Applicant shall provide, prior to the issuance of any Development Order
covered by that application, evidence that the proportionate fair-share obligation to the
adjacent local government has been satisfied. The City may require the adjacent local
government to declare, by resolution, ordinance, or equivalent document, its intent for the
use of the concurrency funds to be paid by the Applicant.
EXHIBIT A Page 12 of 12 Ordinance 90-07-199