Loading...
07-006 /I 1 ORDINANCE NO. 07 - OO~ 2 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. 18 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 CODING: Words in striko through type are deletions from existing law; Words in underlined type are additions. Page 1 of 11 S:\CA \Ordinances\2007 (Prop Share Ordinance) 1-] 9-07.doc 16 17 18 19 20 21 22 23 24 25 " 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. 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 6 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 7 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. 10 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 15 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. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 2 of 11 S:\CA\Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc II i j I I 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. 8 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. 14 15 Section 3. Section 8 of Article VI of the City of Boynton Beach Land 16 Development Regulations, entitled "Articles of Administration", is hereby amended as 17 follows: 18 19 Section 8. Articles of Administration 20 21 22 23 24 25 26 27 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 28 Development Regulations, entitled "Procedures for certification or conditional certification 29 of concurrency", is hereby amended as follows: 30 31 32 33 34 Section. 9 Procedures for certification or conditional certification of concurrency C. Review to determine adequacy of public facilities. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 3 of 11 S:\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc II I 2 2. Rules of general applicability. 3 4 5 d. Categories of development orders and permits for which concurrency may be certified or conditionally certified. 6 7 8 9 10 11 12 13 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 14 Development Code, entitled "Proportionate fair-share mitigation of transportation impact", 15 is hereby created as follows: 16 Article VIII. Proportionate Fair Share Mitigation of Transportation Impact 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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. Page 4 of 11 S:\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 II 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. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 5 of 11 S:\CA\Ordinances\2007 (Prop Share Ordinance) ]-19-07.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 II CODING: 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 Words in strike through type are deletions from existing law; Words in underlined type are additions. S:\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc Page 6 of 11 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 CODING: 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. S:\CA\Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc Page 7 of 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 " 1 2 3 4 5 6 7 8 9 10 11 CODING: 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. S:\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc Page 8 of 11 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 CODING: 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. S:\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc Page 9 of 11 II 1 2 3 improvement within the City that would mitigate the impacts of development pursuant to the requirements of subsection (b). 4 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. 9 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. 12 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. 17 Section 9. This Ordinance shall become effective immediately upon its passage 18 and adoption. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 10 of 11 S:\CA\Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 f \~ omissi .'. a~~McCrll~--==s-..... -4 . .TT".' "-~_......._"."..,,...., /~~ </ "'Z;;'L,~::::-7". " . . ~m~!~Si()ri€f: &rl ~--/ /' /J ATTEST: ; '--.., '1n.~ CODING: Words in strike thr-ough type are deletions from existing law; Words in underlined type are additions. Page 11 of 11 S:\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc