2007-01 Proportionate Fair-Share ProgramORDINANCE 2007-01
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 21, "PLANNING
AND DEVELOPMENT," ARTICLE IV, "CONCURRENCY MANAGEMENT,"
OF THE VILLAGE CODE OF ORDINANCES TO CREATE A MECHANISM
FOR PROPORTIONATE SHARE CONTRIBUTIONS FROM DEVELOPERS
TOWARD TRAFFIC CONCURRENCY REQUIREMENTS; CREATING A
NEW SECTION 21-48, "PROPORTIONATE FAIR SHARE PROGRAM;"
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the 2005 amendments to the State of Florida's growth management legislation
directed all units of local government to adopt by ordinance a methodology for assessing
proportionate fair-share mitigation options for developers in order to comply with traffic
concurrency requirements; and
WHEREAS, the Village of North Palm Beach has determined that it is necessary to create a
Proportionate Fair-Share Program consistent with Section 163.3180, Florida Statutes; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the public health, safety and welfare.
`'" NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH as follows:
Section 1. The foregoing recitals are hereby ratified as true and correct and incorporated herein.
Section 2. The Village Council hereby amends Article IV, "Concurrency Management," of
Chapter 21, "Planning and Development," of the Village Code of Ordinances by creating a new
Section 21-48, "Proportionate fair share program," to read as follows (additional language is
underlined):
Sec. 21-48. 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
miti ag ted by the cooperative efforts of the public and private sectors, to be known
as the proportionate fair-share program, as required and in a manner consistent
with state statute.
~plicability. The proportionate fair-share program shall apply to
all developments that fail to meet the standards of this chanter and the Villaue's
comprehensive plan on a roadway within the Village that is not the responsibility
of the count the state 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
Village pursuant to Section 1.3(4) of the Palm Beach County Charter;
Developments of regional impact usin proportionate fair-share
pursuant to F.S. § 163.3180(12
Projects exempted by state law•
Projects that received traffic concurrency approval prior to the
effective date of this section•
Individual single family homes• and
Vested projects.
~ General Requirements. An applicant may choose to satisfy the
level of service for capital road facilities by making a proportionate fair-share
contribution, so long as each ofthe following requirements is met-
The proposed development is consistent with the Village
Comprehensive Plan and applicable land development regulations
The road improvement necessary to maintain the level of service
for capital road facilities is identified in the five-year schedule of
capital improvements in the capital improvements element of the
Villa eg Comprehensive Plan.
Any improvement project proposed to meet the developer's fair-
share obligation shall meet the Village's design standards for
locally maintained roadway
..~ ~ InterQOVernmental Coordination. In accordance with the
intergovernmental coordination element of the Villa e Comprehensive Plan the
Villaue shall coordinate with the County and other affected jurisdictions such as the
Florida Department of Transportation regarding mitigation to impacted facilities not
under the jurisdiction of the local government receivin tg he application for
proportionate fair-share miti aeon.
~ Application Process.
In the event of a lack of capacity to maintain the level of service
for capital road facilities, the applicant shall have the opportunity
to satisfy the level of service for capital road facilities requirements
through the proportionate fair-share program subject to the
requirements of subsection (c).
(~ Prior to the submittal of an application, eligible applicants shall
schedule apre-application meeting with Village Administration
Subsequent to the pre-application meeting eli ig ble applicants shall
submit a completed development application and all
documentation requested by the Village. The applicant shall be
required to pay a reasonable fee for the cost of reviewing the
application as established by the Village Council. If the impacted
facility is on the strategic intermodal system (SIS) then the Florida
Department of Transportation will be notified and invited to
participate in the pre-application meeting. The Village shall also
have the option of notifying the Count
(3~ Village Administration 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 Village, unless the
Village determines that the applicant is working in good faith to
remedy the stated deficiencies, in which case the Village may
extend the deadline as deemed appropriate b_y the Village.
In accordance with statutory requirements, proposed proportionate
fair-share mitigation for development impacts to facilities on the
SIS requires the concurrency of the Florida Department of
Transportation. The applicant shall submit evidence of an
agreement between the applicant and the Department for inclusion
in the proportionate fair-share agreement.
When an application is deemed sufficient and complete in
accordance with subparagrap~3) above, the applicant shall be
advised in writing and a proposed proportionate fair-share
obligation and binding agreement prepared by the Village shall be
executed by the applicant and delivered to the appropriate parties
'"~ for review, includingL a copy to the Department of Transportation
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 Village within these 60 days,
then the application will be deemed withdrawn and all fees
forfeited to the Village, unless the Village determines that the
applicant is workinggood faith to remedy the stated
deficiencies, in which case the Village may extend the deadline as
deemed appropriate by the Village.
~6,~ No proportionate fair-share agreement will be effective until approved by
the Village.
(fZ Determining Proportionate Fair-Share Obligation
Proportionate fair-share mitigation for capital road facilities level
of service impacts may include, without limitation, separately or
collectively=private funds, contributions of land, and construction
and contribution of facilities.
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 miti atg ion•
The methodology used to calculate a development's proportionate
fair-share obligation shall be as provided by state statute:
_ The cumulative number of trips from the proposed development
expected to reach roadwa. s 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 level of service, multiplied by the
construction cost, at the time of developer payment, of the
improvement necessary to maintain the adopted level of service.
OR
Proportionate Fair-Share=
EffDevelopment Tripsi)/(SV Increase~J x Cost
Where:
Development Trips; = Those trips from the stage or phrase
of development order under review
that are assigned to roadway se ment
"i" and have triggered a deficiency
per the Village's concurrency
managements sy tem•
~" Sv Increase; = Service volume increase provided by
the eli ibg le 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= en ing Bering
review, inspection, administration,
and physical development costs
directly associated with construction
at the anticipated cost, including
contingencies, in the year it will be
incurred.
For the purposes of determining proportionate fair-share
obli atg ions, the Village shall determine improvement costs based
upon the actual and/or anticipated cost of the improvement in the
year that construction will occur.
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 Village or
some other method approved by the Village.
(g) Impact Fee Credit or Proportionate Fair-Share Mitigation
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 Village.
~2,~ The proportionate fair-share obligation is intended to mitigate the
transportation impacts of a proposed project. As a result, any road
i_pact fee credit based upon proportionate fair-share contributions
for a proposed project cannot be transferred to an. other project.
Proportionate Fair-Share Agreements
Upon execution of a proportionate fair-share 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 Village and the applicant mutually agree to an
extension.
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 (fl 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 Village which is
sufficient to ensure the completion of all required improvements.
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.
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 miti atg ion.
-- ~ 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 Village will be non-refundable.
~propriation o~'Fair-Share Revenues
Proportionate fair-share revenues shall be placed in the appropriate
project account for fundingLof scheduled improvements in the
capital improvements element, or as otherwise established in the
terms of the ~ro~ortionate fair-share agreement. Proportionate
fair-share revenues may be used as the local match for any
matching requirement for state and federal rg ant programs as may
be allowed by law.
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 the Village that would mitigate the impacts of
development pursuant to the requirements of subsection (c).
Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
....
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 14th DAY OF DECEMBER, 2006.
PLACED ON SECOND, FINAL READING AND PASSED THIS 11th DAB' O~ ANUARY, 2007.
(Village Seal)
YOR
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ATTEST: ~i~//
VILLAGE CLERK