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Home My Public Portal AboutORD 06/09ORDINANCE NO. 06/09 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA AMENDING CHAPTER 44, CONCURRENCY MANAGEMENT SYSTEM, OF THE TOWN CODE OF ORDINANCES BY CREATING A NEW ARTICLE V TITLED "PROPORTIONATE FAIR - SHARE PROGRAM "; PROVIDING A MECHANISM TO ALLOW FOR PROPORTIONATE SHARE CONTRIBUTIONS FROM DEVELOPERS TOWARD TRAFFIC CONCURRENCY REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 44 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the 2005 amendments to the State of Florida's growth management legislation directed local governments to adopt by ordinance a methodology for assessing proportionate fair -share mitigation options which developers will be required to satisfy in order to comply with traffic concurrency requirements; and WHEREAS, the Town Commission of the Town of Gulf Stream has determined that it is necessary to create a Proportionate Fair -Share Program consistent with 163.3180(16), Florida Statutes; and WHEREAS, the Town Commission of the Town of Gulf Stream has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the Town of Gulf Stream. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA THAT: Section 1. The foregoing recitals are hereby affirmed and ratified. Section 2. Chapter 44, Concurrency Management System, of the Code of Ordinances of the Town of Gulf Stream is hereby amended by including a new Article V to be titled "Proportionate Fair -Share Program "; providing a mechanism to allow for proportionate share contributions from developers toward traffic concurrency requirements; providing that this new section shall hereafter read as follows: "Chapter 44 CONCURRENCY MANAGEMENT SYSTEM ARTICLE V. Proportionate Fair Share Program Sec. 44 -107 Proportionate fair -share program. (a) 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(16), F.S. (b) Applicability. The Proportionate Fair -Share Program shall apply to all developments that fail to meet the standards of this Chapter and the Town's Comprehensive Plan on a roadway within the Town that is not the responsibility of Palm Beach County, the Florida Department of Transportation (FDOT) or another agency. The Proportionate Fair -Share Program does not apply to the following: 1. Collector and arterial roads which are not the responsibility of the Town pursuant to Sec. 1.3(4) of the Charter of Palm Beach County, Florida. However, a traffic concurrency letter from the county is required to be submitted by the applicant certifying compliance with the county -wide Traffic Performance Standards Ordinance adopted pursuant to the County Charter prior to the issuance of a development order by the Town. 2. Developments of Regional Impact (DRIs) using proportionate fair -share under §163.3180(12), F.S. 3. Projects exempted from this chapter by state law. 4. Projects that received traffic concurrency approval prior to December 1, 2006. 5. Individual single - family homes. 6. Vested projects. (c) General Requirements. An applicant may choose to satisfy the LOS for transportation by making a proportionate fair -share contribution, so long as each of the following requirements are met: 1. The proposed development is consistent with the comprehensive plan and applicable land development regulations. 2. The road improvement necessary to maintain the LOS for transportation is identified in the five -year schedule of capital improvements in the CIE. 3. Any improvement project proposed to meet the developer's fair -share obligation shall meet the Town's design standards for locally maintained roadways. (d) Intergovernmental Coordination. Pursuant to policies in the Intergovernmental Coordination Element of the Comprehensive Plan, the Town 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. (e) Application Process. 1. In the event of a lack of capacity, to maintain the LOS for transportation, the applicant shall have the opportunity to satisfy LOS for transportation requirements through the Proportionate Fair -Share Program subject to the requirements of subsection (c). 2. Prior to the submittal of an application, eligible applicants shall schedule a pre - application meeting with Town staff. Subsequent to the pre - application meeting, eligible applicants shall submit a completed development application and all documentation requested by the Town. The Applicant shall be required to pay a reasonable fee for the cost of reviewing the application, said fee to be set by Resolution of the Town Commission. 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 Town shall also have the option of notifying and inviting Palm Beach County. 2 3. Town 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 (c), 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 Town, unless the Town determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the Town may extend the deadline as deemed appropriate by the Town. 4. Pursuant to §163.3180(16)(e), F.S., 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 MOT 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 Town shall be executed by the applicant and delivered to the appropriate parties for review, including a copy to the MOT 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 Town within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the Town, unless the Town determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the Town may extend the deadline as deemed appropriate by the Town. 6. No proportionate fair -share agreement will be effective until approved by the Town through an administrative approval. (f) Determining Proportionate Fair -Share Obligation. 1. Proportionate fair -share mitigation for transportation LOS 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. NV Proportionate Fair - Share= Y-[[(Development Trips; /(SV increase;)] x Cost;] Where: Development Trips; = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the Town's concurrency management system; SV Increase; = Service volume increase provided by the eligible improvement to roadway segment "i" per subsection (c); 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 review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred. 4. For the purposes of determining proportionate fair -share obligations, the Town's 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 Town's Engineer or by some other method approved by the Town's Engineer. (g) 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 Town. 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. (h) Proportionate Fair -Share Agreements. M 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 Town 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 time of payment, pursuant to subsection (f) and adjusted accordingly. 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 Town, 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 Town will be non- refundable. (i) 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 improvement within the Town that would mitigate the impacts of development pursuant to the requirements of subsection (c)." Section 3: Each and every other section and subsection of Chapter 44 shall remain in full force and effect as previously enacted. 5 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance. Section 6. Specific authority is hereby granted to codify and incorporate this ordinance into the existing Code of Ordinances of the Town of Gulf Stream. Section 7. This ordinance shall take effect retroactively on December 1, 2006. PASSED AND ADOPTED in a regular, adjourned session on first reading this 17th day of November , 2006, and for a second and final reading on this 8th day of T)ecemhPr , 2006. ATTEST: Clerk za& r" V t� May , Vice Mayo i , J, Commissioner _*Ize'zW Q_ ComrAissl'oner Commissioner 101