07-006
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1 ORDINANCE NO. 07 - OO~
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING CHAPTER 1.5, ARTICLE VI OF THE CITY'S LAND
5 DEVELOPMENT REGULATIONS, ENTITLED "CONCURRENCY
6 REQUIREMENTS"; AMENDING SECTION 6, ENTITLED "PUBLIC
7 FACILITIES SHALL BE AVAILABLE FOR DEVELOPMENT
8 PROJECTS CONSISTENT WITH ADOPTED LEVELS OF SERVICE";
9 AMENDING SECTION 8, ENTITLED "ARTICLES OF
10 ADMINISTRATION"; AMENDING SECTION 9, ENTITLED
11 "PROCEDURES FOR CERTIFICATION OR CONDITIONAL
12 CERTIFICATION OF CONCURRENCY"; PROVIDING AUTHORITY
13 TO REVIEW CONCURRENCY STANDARDS; CREATING ARTICLE
14 VIII, TO PROVIDE FOR THE ENACTMENT OF A PROPORTIONATE
15 FAIR-SHARE MITIGATION ORDINANCE; PROVIDING FOR
16 CODIFICATION, CONFLICTS, SEVERABILITY AND PROVIDING
17 FOR AN EFFECTIVE DATE.
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19 WHEREAS, Palm Beach County is responsible for maintaining the concurrency
20 standards on county and state roads located within the City of Boynton Beach (hereinafter
21 referred to as the "City"); and
22 WHEREAS, the City Commission deems it to be in the best interests of the citizens
23 and residents of the City for the City's administrative staff to maintain concurrency
24 standards on the City roads located within its jurisdiction; and
25 WHEREAS, the 2005 Florida State Legislature adopted amendments to the state
26 growth management program which directed local governments to comply with a
27 requirement that "proportionate share contributions" be accepted from developers in
28 satisfaction of statewide transportation concurrency requirements; and
29 WHEREAS, pursuant to Section 163.3180, Florida Statutes, the City is required to
30 enact an ordinance to provide that the City accept proportionate share contributions from
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1 i. developers in order to satisfy statewide transportation concurrency requirements; and
2 WHEREAS, the City Commission deems it to be in the best interests of the health,
3 safety and welfare of the citizens and residents of the City to create Article VIII in Chapter
4 1.5 of the City's Land Development Regulations as provided herein.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY
6 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and
8 confirmed as being true and correct, and are hereby incorporated herein and made a part
9 hereof.
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Section 2.
Section 6 of Article VI of the City of Boynton Beach land
11 Development Regulations, entitled "Public facilities shall be available for development
12 projects consistent with adopted levels of service", is hereby amended as follows:
13 Section. 6. Public facilities shall be available for development
14 consistent with adopted levels of service
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projects
C. For roads that are the responsibility of Palm Beach County or the Florida
Department of Transportation (FDOT), the requirements set forth in subsection
(a) above shall be satisfied if the development order or permit complies with the
Palm Beach County Traffic Performances Standards Ordinance. In the event
that the Palm Beach County Traffic Performance Standards Ordinance is
repealed, the conditions which apply shall be those which were set forth in the
most recent Palm Beach County Traffic Performance Standards Ordinance
which was in effect in the City, except that any levels of service for particular
roadway links which are adopted in the city's comprehensive plan shall apply to
those links.
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1 D. For a roadway facility that is not the responsibility of Palm Beach
2 County or the Florida Department of Transportation (FDOT) and which is
3 subiect to the Proportionate Fair-Share Agreement pursuant to Chapter 1.5,
4 Article VIII of the City's Land Development Regulations, the timing of
5 improvements set as a condition of development approval is determined by the
6 five-year capital improvement schedule in the Capital Improvement Element of
7 the Comprehensive Plan, or otherwise established by said Agreement.
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9 I*~ In determining whether public facilities are available consistent with
10 the requirements of this section and Section 5, the demand for such public
11 facilities which would be created by other development orders and permits
12 which are exempt, or for which certification of concurrency or conditional
13 certification of concurrency has been issued shall be taken into account.
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Section 3.
Section 8 of Article VI of the City of Boynton Beach Land
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Development Regulations, entitled "Articles of Administration", is hereby amended as
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follows:
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Section 8. Articles of Administration
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F. The City Engineer shall review all applications for development orders
and permits for compliance with the requirements of Section 5, for the purpose
of determining whether the adopted levels of service for roadways within the
City which are not the responsibility of Palm Beach County or the Florida
Department of transportation would be maintained.
Section 4.
Section 9 of Article VI of the City of Boynton Beach Land
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Development Regulations, entitled "Procedures for certification or conditional certification
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of concurrency", is hereby amended as follows:
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Section. 9 Procedures for certification or conditional certification of
concurrency
C. Review to determine adequacy of public facilities.
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2. Rules of general applicability.
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d. Categories of development orders and permits for which concurrency may be
certified or conditionally certified.
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Roads. Certification of concurrency or conditional certification for road
facilities shall be issued only for "A" category development orders and permits,
as defined in Section 4.
Section 5.
Chapter 1.5, Article VIII of the City of Boynton Beach Land
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Development Code, entitled "Proportionate fair-share mitigation of transportation impact",
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is hereby created as follows:
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Article VIII. Proportionate Fair Share Mitigation of Transportation Impact
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Section 1. Purpose and Intent. The purpose of this section is to establish
a method whereby the impacts of development on transportation
facilities can be mitigated by the cooperative efforts of the public and
private sectors, to be known as the Proportionate Fair-Share Program, as
required by and in a manner consistent with &163.3180(6), F.S., as
amended from time to time.
Section 2. Applicability. The Proportionate Fair-Share Program
shall apply to all developments that fail to meet the standards of this
division on a roadway within the City that is not the responsibility of
Palm Beach County or the Florida Department of Transportation
(FDOT). The Proportionate Fair-Share Program does not apply to
Developments of Regional Impact (DRIs) using proportionate fair-share
under &163.3180(2), F.S., projects exempted from this division, or for
projects that received traffic concurrency approval prior to January 1,
2007.
CODING:
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
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Section 3. General Requirements. An applicant may choose to satisfy
the transportation concurrency requirements by making a proportionate
fair-share contribution, so long as each of the following requirements
are met:
1. The proposed development is
comprehensive plan and applicable
regulations.
consistent with the
land development
2. The road improvement necessary to maintain the LOS for
transportation is identified in the five-year schedule of capital
improvements in the Capital Improvement Element of the
Comprehensive Plan.
3. Any improvement project proposed to meet the developer's
fair-share obligation shall meet the City's design standards for
locally maintained roadways.
4. Intergovernmental Coordination Pursuant to policies in the
Intergovernmental Coordination Element of the Comprehensive
Plan, the City shall coordinate with Palm Beach County and other
affected jurisdictions such as FDOT, regarding mitigation to
impacted facilities not under the jurisdiction of the local
government receiving the application for proportionate fair-share
mitigation.
Section 4.
Application Process
1. In the event of a lack of capacity, the applicant shall have the
opportunity to satisfy transportation concurrency requirements
through the Proportionate Fair-Share Program subject to the
requirements of subsection (b).
2. Prior to the submittal of an application, eligible applicants
shall schedule a pre-application meeting with City staff.
Subsequent to the pre-application meeting, eligible applicants
shall submit a completed development application and all
documentation requested by the City. If the impacted facility is
on the Strategic Intermodal System (SIS), then FDOT will be
notified and invited to participate in the pre-application meeting.
The City shall also have the option of notifying and inviting
Palm Beach County.
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3. City staff shall review the application and certify that the
application is sufficient and complete within 14 working days. If
an application is determined to be insufficient, incomplete or
inconsistent with the general requirements of the Proportionate
Fair-Share Program as indicated in subsection (b), then the
applicant will be notified in writing of the reasons for such
deficiencies. If such deficiencies are not remedied by the
applicant within 30 days of receipt of the written notification,
then the application will be deemed withdrawn and all fees
forfeited to the City, unless the City determines that the
applicant is working toward a remedy of the stated deficiencies
in good faith, in which case the City may extend the deadline as
deemed appropriate by the City.
4. Pursuant to & 163.3180(16)(e), F.S., as amended from time to
time, proposed proportionate fair-share mitigation for
development impacts to facilities on the SIS requires the
concurrency of the FDOT. The applicant shall submit evidence
of an agreement between the applicant and the FDOT for
inclusion in the proportionate fair-share agreement.
5. When an application is deemed sufficient and complete in
accordance with subparagraph 3, above, the applicant shall be
advised in writing and a proposed proportionate fair-share
obligation and binding agreement prepared by the City shall be
executed by the applicant 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
60 days from the date at which the applicant received the
notification of a sufficient and complete application. If the
agreement is not received by the City within these 60 days, then
the application will be deemed withdrawn and all fees forfeited
to the City, unless the City determines that the applicant is
working toward a remedy of the stated deficiencies in good faith,
in which case the City may extend the deadline as deemed
appropriate by the City.
6. No proportionate fair-share agreement will be effective until
approved by the City through an administrative approval.
Section 5.
Determining Proportionate Fair-Share Obligation
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Words in underlined type are additions.
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1. Proportionate fair-share mItIgation for transportation
concurrency impacts may include, without limitation, separately
or collectively, private funds, contributions of land, and
construction and contribution of facilities.
2. A development eligible for participation under the
Proportionate Fair-Share Program 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.
3. The methodology used to calculate a development's
proportionate fair-share obligation shall be as provided for in
&163.3180(12), F.S., as follows:
The cumulative number of trips from the proposed
development expected to reach roadways during peak hours
from the 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.
Mathematically stated as:
Proportionate Fair-Share E rr(Development TripSi)/(SV
Increasei) 1 x Costi}
Where:
Development TripSi = Those peak hour trips from the stage or
phase of development under review that are assigned to
roadway segment "i" and have triggered a deficiency per the
City's concurrency management system:
SV Increasei = Peak hour service volume increase provided by
the eligible improvement to roadway segment "i" per
subsection (b):
CoSti = 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 review,
inspection, administration, and physical development costs
directly associated with construction at the anticipated cost,
including contingencies, in the year it will be incurred.
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
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4. For the purposes of determining proportionate fair-share
obligations, the City Engineer shall determine improvement
costs based upon the actual and/or anticipated cost of the
improvement in the year that construction will occur.
5. If an improvement is proposed by the applicant, then the
value of the improvement shall be based on an engineer's
certified cost estimate provided by the applicant and approved
by the City Engineer or by some other method approved by the
City Engineer.
Section 6.
Impact Fee Credit for Proportionate Fair-Share Mitigation
1. Proportionate fair-share contributions shall be applied as
a credit against road impact fees to the extent that all or a
portion of the proportionate fair-share mitigation is used to
address the same capital infrastructure improvements
contemplated by road impact fees which may hereafter be
established by the City.
2. The proportionate fair-share obligation is intended to
mitigate the transportation impacts of a proposed project. As a
result, any road impact fee credit based upon proportionate
fair-share contributions for a proposed project cannot be
transferred to any other project.
Section 7.
Proportionate Fair-Share Agreements
1. Upon execution of a proportionate fair-share agreement
("Agreement"), the applicant shall receive a certification of
concurrency reservation for capital road facilities. Should the
applicant fail to apply for a development permit within 12
months, then the Agreement shall be considered null and void,
and the applicant shall be required to reapply, unless the City
and the applicant mutually agree to an extension.
2. Payment of the proportionate fair-share contribution is
due in full no later than issuance of the first building permit,
and shall be non-refundable. If the payment is submitted more
than 90 days from the date of execution of the Agreement, then
the proportionate fair-share cost shall be recalculated at the
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
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time of payment, pursuant to subsection (e) and adjusted
accordingl y.
3. In the event an Agreement requires the applicant to pay
or build 100 percent of one or more road improvements, all
such improvements shall be commenced prior to issuance of a
building permit and assured by a binding agreement that is
accompanied by a Performance Security, as determined by the
City, which is sufficient to ensure the completion of all
required improvements.
4. Dedication of necessary rights-of-way for facility
improvements pursuant to a proportionate fair-share agreement
shall be completed prior to issuance of the first building
permit.
5. Any requested change to a development subsequent to
the issuance of a development order may be subject to
additional proportionate fair-share contributions to the extent
the change would generate additional traffic that would require
additional mitigation.
6. 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 paid to the City will be non-
refundable.
Section 8.
Appropriation of Fair-Share Revenues
1. Proportionate fair-share revenues shall be placed in the
appropriate project account for funding of scheduled
improvements in the CIE, or as otherwise established in the
terms of the proportionate fair-share agreement. Proportionate
fair-share revenues may be used as the 50 percent local match
for funding under the FDOT TRIP, or any other matching
requirement for State and Federal grant programs as may be
allowed by law.
2. In the event a scheduled facility improvement is removed
from the CIE, then the revenues collected for its construction
may be applied toward the construction of another
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
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improvement within the City that would mitigate the impacts
of development pursuant to the requirements of subsection (b).
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Section 6.
It is the intention of the City Commission of the City of Boynton
5 Beach, Florida that the provisions of this ordinance shall become and be made a part of the
6 City of Boynton Beach Land Development Regulations. The sections of this ordinance may
7 be re-numbered or re-lettered and the word "ordinance" may be changed to "section,"
8 "article," or such other appropriate word or phrase in order to accomplish such intentions.
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Section 7.
All Ordinances or parts of Ordinances, Resolutions or parts of
10 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such
11 conflict.
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Section 8.
If any clause, section, or other part or application of this Ordinance shall
13 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
14 unconstitutional or invalid part or application shall be considered as eliminated and so not
15 affecting the validity of the remaining portions or applications remaining in full force and
16 effect.
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Section 9.
This Ordinance shall become effective immediately upon its passage
18 and adoption.
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Words in strike through type are deletions from existing law;
Words in underlined type are additions.
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FIRST READING, this 5' day of March, 2007.
SECOND, FINAL READING AND PASSAGE, this dO
YY\ a.>tLL , 2007.
day of
CITY OF BOYNTON E CH, FLORIDA
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CODING:
Words in strike thr-ough type are deletions from existing law;
Words in underlined type are additions.
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