The Solid Waste Subelement of the City of High Springs Comprehensive Plan contains the following level of service requirements for solid waste management:

(1)

All development orders shall be issued only if they are consistent with the goals, objectives, and policies contained in the Comprehensive Plan. Requests for development order approval shall be reviewed in accordance with, and shall be consistent with, all elements of the Comprehensive Plan.

(2)

Consistency shall mean to further the intent of the Comprehensive Plan. Inconsistency exists when a development order is in conflict with the goals, objects, and policies of the Comprehensive Plan.

(3)

The provisions of this LDC are intended to implement the requirements of the Comprehensive Plan, and it shall be presumed that a development order which is found to meet all the requirements of this LDC is consistent with the Comprehensive Plan.

Concurrency is a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project.

(1)

All applications for development orders shall demonstrate that the proposed development does not degrade adopted levels of service in the city.

(2)

Notwithstanding the foregoing, the prescribed levels of service may be reduced during the actual construction of new facilities, if upon completion of the new facilities the prescribed levels of service will be met.

For purposes of this LDC the available capacity of a facility shall be determined by:

(1)

Adding together:

a.

The total capacity of existing facilities operating at the required level of service, and

b.

The total capacity of new facilities, that will become available on or before the date of occupancy of the development.

(2)

Subtracting from that number the sum of:

a.

The demand for the service or facility created by existing development as documented in the Comprehensive Plan; and

b.

The demand for the service or facility created by the anticipated completion of other approved developments, redevelopment, or other development activity.

(3)

Where available capacity cannot be shown, the following methods may be used to maintain adopted levels of service:

a.

The project owner or developer may provide the necessary improvements to maintain level of service. In such case, the application shall include appropriate plans for improvements, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the level of service, and recordable instruments guaranteeing the construction.

b.

The proposed project may be altered such that projected level of service is no less than the adopted level of service.

The burden of showing compliance with level of service requirements shall be upon the developer. In order to be approved, applications for development approval shall provide sufficient information showing compliance with these standards.

(1)

The city shall prepare an annual report on the status of concurrency that includes:

(a)

A summary of actual development activity, including a summary of certificates of occupancy, indicating quantity of development represented by type and square footage.

(b)

A summary of building permit activity showing number of permits issued during the period, comparing number of permits issued with prior years, and showing number of certificates of occupancy issued.

(c)

An evaluation of each facility and service subject to level of service standards showing:

1.

The capacity available for each at the beginning of the reporting period and the end of the reporting period;

2.

Available capacity;

3.

A forecast of the capacity for each level of service based on the most recent updated schedule of capital improvements.

The annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities for issuing development orders during the twelve months following the annual report.

The Potable Water Subelement of the City of High Springs Comprehensive Plan contains the following level of service requirements for the distribution of potable water:

An application for a proposed development approval or a building permit shall indicate that one of the following requirements has been met:

(a)

Capacity exists at the site to serve the project or the first phase of the project. Determination of the existence of capacity shall be based upon estimated demand by the project, consideration of other approved but not built developments to be served by the same facility in the same time period, and total capacity of the facility.

(b)

Capacity will exist at the site at the time of occupancy of the project based upon plans for expansion of capacity. Capacity shall be ensured through one of the following:

(1)

The existence of valid contracts for construction;

(2)

The existence of funds budgeted and appropriated for construction.

The Sanitary Sewer Subelement of the City of High Springs Comprehensive Plan contains the following level of service requirements for collection and treatment of wastewater:

An application for a proposed development approval or a building permit shall indicate that one of the following requirements has been met:

(a)

Capacity exists in the existing wastewater collection system and at the city wastewater treatment facility to serve the project or the first phase of the project. Determination of the existence of capacity shall be based upon estimated demand by the proposed project, consideration of other approved but not built developments to be served, and the actual capacity authorized by operating permit, and the actual flow at the time of application.

(b)

Capacity shall exist at the time of occupancy of each phase concurrent with the need. Calculation shall consider the projected flow requirements compared to actual flow, committed flow, and the permitted capacity of the WWTP.

The Traffic Circulation Element of the City of High Springs Comprehensive Plan contains the following level of service requirements for roadways in the city:

Vehicular Level of Service Standards (LOSS) for Major Roadways

An application for preliminary approval of a proposed development, or a building permit, shall determine the impact of the project by the following procedures:

(a)

A traffic impact analysis shall be prepared by the developer or his designee which includes a projection of the total trips to be generated by the project and the distribution of the trips onto adjacent streets. Institute of Traffic Engineers (ITE) trip generation rates or another approved source shall be used as the basis for trip generation calculations.

If the number of daily trips projected to travel adjacent streets is greater than five percent of the level of service standard (LOSS) of said streets, a traffic analysis shall be provided. The detailed traffic analysis shall include, but not be limited to, the following:

(1)

Level of service calculations at each project access point for both the a.m. and p.m. peak hour.

(2)

Level of service calculations at nearby intersections for both a.m. and p.m. peak hour.

(3)

Level of service calculations at major intersections impacted by the project for both the a.m. and p.m. peak hour.

(4)

A determination of need for auxiliary lanes.

(5)

A determination of need for traffic signals or other traffic control devices.

Both analyses shall be prepared using generally accepted traffic analysis standards and guidelines.

(a)

Where the capacity exists to serve the proposed development as shown by comparing existing and proposed levels of service, the project shall be found in compliance with the transportation level of service.

(b)

Where there is an existing or anticipated deficiency, one of the following requirements shall be met:

(1)

Improvements to the affected roadways will increase the capacity of the roadway(s) such that the level of service requirement shall be met on or before occupancy of the development (or where applicable the first phase of the development). Capacity shall be ensured through one of the following:

a.

Improvements are under construction at the time of application, and are sufficient to maintain the adopted level of service. Where improvements are under construction, the level of service may be degraded during that period of time between occupancy of the development and completion of construction; such occurrence shall not constitute noncompliance.

b.

A contract has been executed for improvements necessary to maintain the adopted level of service. The schedule of the contract shall be reasonably expected to provide the capacity at the time of occupancy. However, the level of service may be degraded during that period of time between occupancy and completion of construction; such occurrence shall not constitute noncompliance.

c.

Funds are budgeted and appropriated by the city, county or the FDOT for improvements necessary to maintain the adopted level of service. Funds shall be for actual construction and not for preliminary planning, design, or engineering. The anticipated construction schedule shall be reasonably expected to provide the capacity at the time of occupancy, or within two years following occupancy. The temporary degradation of level of service under this paragraph shall not constitute noncompliance.

(2)

Where no improvements are to be provided as described in paragraph (1) above, the following methods may be used to maintain adopted level of service:

a.

The project owner or developer may provide the necessary improvements to maintain level of service. In such case the application shall include appropriate plans for roadways improvements, documentation that such improvements are designed to provide the capacity necessary to maintain the level of service, and recordable instruments guaranteeing the construction. Documentation that improvements are designed to provide the necessary capacity shall be prepared and sealed by a professional traffic engineer, registered in the State of Florida. The provision of improvements shall be reasonably scheduled to provide the capacity at the time of occupancy; however, a temporary degradation of the level of service may be allowable and shall not constitute noncompliance. A temporary degradation may be allowable for a period not to exceed one year, and may be allowable only if construction is taking place. Failure to meet this provision shall constitute violation of the development order and may result in cancellation of the development order and discontinuance of project construction and/or further occupancy.

b.

The developer may contribute funds to the city necessary to provide roadway improvements needed to maintain or achieve the adopted level of service. Contribution of funds shall result in an appropriate budget amendment by the city in order to implement the needed roadway improvements.

Approval of the development project shall be delayed until all appropriate government action has occurred necessary to meet one of the requirements of section (b)(l) above.

(3)

The proposed project may be altered such that projected level of service is no less than the adopted level of service.

(c)

The proposed development shall dedicate necessary right-of-way for roadway improvements on adjacent roadways, and within the project site.

(d)

All roads and roadway improvements shall be constructed in compliance with standards and specifications of city regulations.

The Drainage Subelement of the City of High Springs Comprehensive Plan contains the following level of service requirements for stormwater facility design and drainage plans:

All development proposed on or after the date of enactment of this Code shall meet the stormwater management requirements. Compliance with these requirements constitute compliance with the drainage level of service requirements for new development or redevelopment.

The City of High Springs relies upon other governmental entities for the management and disposal of solid waste. The administrator shall make a determination of the solid waste expected to be generated by the proposed project to determine if adequate solid waste disposal capacity is available.

The Recreation and Open Space Element of the City of High Springs Comprehensive Plan contains the following recreational facility standards:

The estimated population of proposed residential development shall be used to determine any additional recreation facilities required to serve the project.

Currently available recreation facilities in the City of High Springs (supply) shall be compared to those required by the current population and the population to be served by the projects under construction (demand). This information shall be made available from the city.

(a)

If adequate facilities exists, based on the comparison in section 5.07.02 above (supply minus demand) to provide facilities needed for the proposed project, the level of service requirement is met.

(b)

If a deficiency would result from the added development, one of the following requirements shall be met:

(1)

Funds are budgeted and appropriated for the acquisition of recreation lands and construction of facilities within the current budget year.

(2)

Funds are budgeted and appropriated in the immediately succeeding fiscal year for the acquisition and development of recreation lands.

(c)

If the requirements of subsections (a) or (b) are not met, the application shall document methods to provide recreation lands needed to serve the project, including but not limited to one of the following:

(1)

Alteration of the project size and/or timetable.

(2)

Provision of additional land to meet the recreation demand.

For public school facilities, the requirement for concurrency, in accordance with F.S. § 163.3180(13)(e), may be met if:

(1)

Adequate school facilities are available in the affected school concurrency service area (SCSA) or will be in place or under construction within three years, as provided in the School Board of Alachua County 5-Year District Facilities Plan for School Concurrency adopted as part of the capital improvements element, after the issuance of the final development order for residential development;

(2)

Adequate school facilities are available in an adjacent SCSA, and when adequate capacity at the adopted LOS Standards will be in place or under construction in the adjacent SCSA within three years, as provided in the School Board of Alachua County 5-Year District Facilities Plan for School Concurrency adopted as part of the capital improvements element, after the issuance of the final development order;

(3)

The developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by development of the property subject to the final development order; or

(4)

The proposed development type is listed as exempt in the public school facilities element and thus is not required to provide the adopted level of service.

The uniform, district-wide LOS standards shall be 100 percent of permanent program capacity for elementary, middle, and high schools. This LOS standard shall apply to all concurrency service areas (CSA) as adopted in the Interlocal Agreement, except on an interim basis for the three elementary school concurrency service areas listed below. The interim LOS standards for these three elementary school concurrency service areas shall be as follows for the periods specified below:

High Springs CSA—120% of Permanent Program Capacity through 2010-11;

Newberry CSA—115% of Permanent Program Capacity through 2010-11; and

West Urban CSA—115% of Permanent Program Capacity through 2010-2011.

For public schools:

(1)

Development applications must include the number and type of units, and projection of students by type of school based on the student generation rates established by the SBAC.

(2)

The city will transmit complete applications for residential development to the SBAC. The school board staff will review the projected student generation associated with the development application and report its findings and recommendations in writing to the county DRC staff as to whether adequate school capacity exists for each school type to accommodate the proposed residential development in all applicable school concurrency service areas adopted as part of the interlocal agreement, and based on the LOS standards adopted in the public school facilities element.

(3)

In the event that the findings and recommendations from the SBAC staff state that there is not sufficient school capacity to meet the adopted LOS standards in the affected school concurrency service area or an adjacent school concurrency service area to address the impacts of a proposed development, the following standards shall apply. Either (1) the final development plan must provide capacity enhancement sufficient to meet its impacts through proportionate share mitigation in accordance with public school facilities element; or (2) the final development plan may not be approved until sufficient capacity enhancement to meet the level of service can be assured.

The administrator will issue a preliminary concurrency determination within five working days of the administrator's action on the preliminary development plan. The preliminary concurrency determination will indicate if the requirements for public school concurrency will be met, subject to any limitations indicated by the SBAC, based on the preliminary development plan. The concurrency determination will also indicate any additional information or items that are required to be submitted with final plan application. If the requirements will not be met based on the preliminary development plan, the preliminary concurrency determination will indicate what deficiencies will have to be addressed in the final development plan for a final concurrency determination to be issued. A preliminary concurrency determination is valid for 180 days from the date of assessment by the administrator. If there are changes to a proposed development's timing, the proposed density or intensity increases, or if the preliminary concurrency determination expires, then an amended concurrency determination must be obtained through the appropriate process. An amended preliminary CLSC is valid for 180 days from the date of reassessment by the administrator.

For projects associated with a phased development, the preliminary concurrency determination may be issued for time periods established by the phasing schedule of the development provided that the applicant demonstrates that LOS standards can be met for the time frames established with the phasing plan. Any preliminary or final concurrency determination and associated reservation of public school capacity for such a development must be in accordance with a development agreement as provided in the ILA between the city and the SBAC. A concurrency determination for a phased development shall not exceed a ten-year time frame, except a longer period may be considered in conjunction with a development agreement involving the reservation of public school capacity consistent with the ILA between the city and the SBAC.

The preliminary concurrency determination issued by the administrator may be submitted with an application for final development order or final plat approval as the basis for a final concurrency determination which shall be issued by the administrator provided all of the following conditions are met:

(1)

The final development order is submitted and determined to be complete by the Administrator prior to the expiration date of a valid preliminary concurrency determination.

(2)

Any conditions identified in the preliminary concurrency determination are adequately addressed and are contained in the final development order application.

(3)

The intensities and densities requested for the final development order approval do not exceed those approved for the preliminary development plan, unless the applicant has applied for and been issued an amended preliminary concurrency determination addressing the impacts of the increased densities or intensities requested and finding that adequate capacity will be available for each affected public facility. To obtain an amended preliminary concurrency determination, the applicant must submit the proposed increases in densities or intensities and relevant information to the administrator for an amended preliminary concurrency determination to be issued. The amended preliminary concurrency determination approval must be obtained by the applicant prior to application for final development plan approval. If the administrator determines that revised preliminary review is not required, an amended preliminary concurrency determination is not required for final development order approval.

Once the city approves a final concurrency determination reserving the required public school capacity in accordance with the interlocal agreement and the final development order, the capacity necessary to serve the development shall be reserved by the SBAC for a period not to exceed three years or until completion of construction of development infrastructure, whichever occurs first.

The city shall notify the school board within 15 days of the approval or expiration of a concurrency reservation for a residential development.

The purpose of this ordinance 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 F.S. § 163.3180(16).

(1)

The city commission finds and determines that transportation capacity is a commodity that has a value to both the public and private sector and that the High Springs Proportionate Fair-Share Program:

(a)

Provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors;

(b)

Allows developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair share of the cost of a transportation facility;

(c)

Contributes to the provision of adequate public facilities for future growth and promotes a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion;

(d)

Maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the city to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the capital improvements element;

(e)

Is consistent with F.S. § 163.3180(16), and supports goals, objectives and policies in the High Springs Comprehensive Plan.

The proportionate fair-share program shall apply to all developments in High Springs that impact a road segment in the city's concurrency management system and have been notified of a failure to achieve transportation concurrency approval. The proportionate fair-share program does not apply to developments of regional impact (DRIs) using proportionate share under F.S. § 163.3180(12), or to developments exempted from concurrency as provided in the policies contained in the Comprehensive Plan or in the specific provisions of the Land Development Code, and/or F.S. § 163.3180 regarding exceptions and de minimis impacts.

(1)

An applicant may choose to satisfy the transportation concurrency requirements of the High Springs by making a proportionate fair-share contribution, pursuant to the following requirements:

(a)

The proposed development is consistent with the Comprehensive Plan and applicable land development regulations.

(b)

The city's five-year capital improvement program (CIP) or the adopted long-term concurrency management system includes a transportation improvement(s) that, upon completion, will accommodate additional traffic generated by the proposed development.

(2)

The city may, at its sole discretion, allow an applicant to satisfy transportation concurrency through the proportionate fair-share program by contributing to an improvement that, upon completion, will accommodate additional traffic generated by the proposed development but is not contained in the CIP where one of the following apply:

(a)

The city adopts, by ordinance, a commitment to add the improvement to the five-year CIP no later than the next regular update. To qualify for consideration under this section, the proposed improvement must be reviewed by the city commission, and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1., consistent with the Comprehensive Plan, and in compliance with the provisions of this ordinance. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities.

(b)

If the funds in the adopted city's five-year CIP are insufficient to fully fund construction of a transportation improvement required by the concurrency management system, the city may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate 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 governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. To qualify for consideration under this section, the proposed improvements must be contained in an adopted short- or long-range plan or program of the city, MTPO, or FDOT. Proposed improvements not reflected in an adopted plan or improvement program but that would significantly reduce access problems on a major road, such as new roads, service roads, or improved network development and connectivity, may be considered at the discretion of the city. The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year CIP of the Comprehensive Plan at the next annual capital improvements element update.

(3)

Any improvement project proposed to meet the developer's fair-share obligation must meet design standards of the city for locally maintained roadways, those of the county for the county road system and those of the Florida Department of Transportation (FDOT) for the state highway system.

Pursuant to policies in the Intergovernmental Coordination Element of the High Springs Comprehensive Plan and applicable policies in the North Central Florida Regional Strategic Plan, the city shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

(1)

Upon notification of a failure to satisfy transportation concurrency, applicants shall be notified in writing whether they may be eligible to satisfy transportation concurrency through a proportionate fair-share contribution.

(2)

Prior to submitting an application for a proportionate fair-share agreement, a pre-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), then the Florida Department of Transportation (FDOT) will be notified and invited to participate in the pre-application meeting.

(3)

Eligible applicants shall submit an application to the city that includes an application fee and the following:

(a)

Name, address, and phone number of owner(s), developer and agent;

(b)

Property location, including parcel identification numbers;

(c)

Legal description and survey of property;

(d)

Project description, including type and amount of development;

(e)

Phasing schedule, if applicable;

(f)

Description of requested fair-share method(s); and

(g)

Copy of concurrency denial.

(4)

The city manager shall review the application and certify that the application is sufficient within ten business days. If an application is determined to be insufficient or ineligible to participate, the applicant will be notified in writing of the reasons for such deficiencies of submittal of the application. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed abandoned. The city commission may in its discretion, grant an extension of time not to exceed 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.

(5)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the strategic intermodal system requires the concurrence of the Florida Department of Transportation (FDOT). The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(6)

When an application is deemed sufficient 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 strategic intermodal system (SIS) facility, no later than 60 days from the date at which the applicant received the notification of a sufficient application and no fewer than 14 days prior to the city commission date when the agreement will be considered.

(7)

The city shall notify the applicant regarding the date of the city commission meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the council/commission, or pursuant to staff approval for agreements below a certain dollar amount.

(1)

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.

(2)

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.

(3)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

"The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete buildout 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 Share = [(Development Trips _i ) / (SV Increase _i )] × Cost _i

Where:

Development Trips _i = Those trips from the development that are assigned to roadway segment i and have triggered a deficiency per the concurrency management system;

SV Increase _i = Service volume increase provided by the eligible improvement to roadway segment i per Section E;

Cost _i = 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 associated with construction at the anticipated cost in the year it will be incurred.

(4)

For the purposes of determining proportionate share obligations, the city shall determine improvement costs based upon the actual cost of the improvement as obtained from the capital improvements program, the MPO transportation improvement program, or the FDOT Work Program. Where such information is not available, improvement cost shall be determined using one of the following methods:

(a)

An analysis by the city of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the city commission. In order to accommodate increases in construction material costs, project costs shall be adjusted by [inflation factor]; or

(b)

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. This method shall be used for all state road improvements not included in the adopted FDOT Work Program.

(5)

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.

(6)

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 125 percent of the most recent assessed value by the Alachua County property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the city and at no expense to the city. The applicant shall supply a drawing 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.

(1)

Proportionate fair-share mitigation shall be applied as a credit against impact fees. Credits will be given for that portion of the impact fees that would have been used to fund the improvements on which the proportionate fair share contribution is calculated. Additionally, if the proportionate fair share contribution is based on only a portion of the development's traffic, the credit will be limited to that portion of the impact fees on which the proportionate fair share contribution is based.

(2)

At the time the proportionate fair-share obligation is being determined, the city will also compute the transportation impact fee obligation for the proposed development. If the applicant's proportionate fair-share obligation is less than the development's anticipated total road impact fee, then the applicant must pay the difference to the city.

(1)

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 permit within 12 months of the execution of the agreement, then the agreement shall be considered null and void, and the applicant shall be required to reapply.

(2)

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 nonrefundable. If the payment is submitted more than 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 H and adjusted accordingly.

(3)

Developer improvements authorized under this ordinance involving dedications to the city must be completed upon final acceptance of the improvements and receipt of a warranty bond.

(4)

Developer improvements authorized under this ordinance not involving dedications to city must be completed upon recording of a final plat or upon issuance of a certificate of occupancy.

(5)

Any requested change to a development project subsequent to a development order will be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic.

(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 to the city will be nonrefundable.

(7)

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.

(1)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the city capital improvements program, or for use as otherwise established in the terms of the proportionate fair-share agreement.

(2)

In the event a scheduled facility improvement is removed from the CIP, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor that would mitigate the impacts of development pursuant to the requirements of section 5.09.04(2)(b).

(3)

Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in F.S. § 339.155, then the city may coordinate with other impacted local governments to apply proportionate fair-share contributions and local government contributions to seek funding for improving the impacted regional facility under the FDOT Transportation Regional Incentive Program (TRIP). Such coordination shall take the form of an interlocal agreement that establishes a procedure for earmarking of developer contributions for this purpose.

(4)

Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair-share obligation calculated under section 5.09.09, then the city shall reimburse the applicant for the excess contribution using one or more of the following methods:

(a)

An impact fee credit account may be established for the applicant in the amount of the excess contribution, for use only within the road impact zone in which the project site is located, and a portion or all of which may be assigned and reassigned under the terms and conditions acceptable to the city.

(b)

An account may be established for the applicant for the purpose of reimbursing the applicant for the excess contribution with proportionate share payments from future applicants on the facility.

(c)

The city may compensate the applicant for all or part of the excess contribution through payment or some other means acceptable to the city and the applicant.

The purpose of this section is to establish a method whereby the impacts of development on public school facilities can be mitigated by the cooperative efforts of the public and private sectors. Alachua County, in coordination with the School Board of Alachua County, shall provide for mitigation options that are determined by the SBAC to be financially feasible and will achieve and maintain the adopted LOS standard consistent with the adopted SBAC's financially feasible five-year work program.

Mitigation may be allowed for those developments that cannot meet the adopted LOS standards. Mitigation options shall include options listed below for which the SBAC agrees to assume operational responsibility through incorporation in the adopted SBAC's financially feasible five-year work program and which will maintain adopted LOS standards.

(1)

The donation, construction, or funding of school facilities or sites sufficient to offset the demand for public school facilities created by the proposed development;

(2)

The creation of mitigation banking within designated areas based on the construction of a public school facility in exchange for the right to sell capacity credits; and,

(3)

The establishment of a charter school with facilities constructed in accordance with the state requirements for educational facilities (SREF).

Mitigation must be directed toward a permanent capacity improvement identified in the SBAC's financially feasible five-year work program, which satisfies the demands created by the proposed development consistent with the adopted LOS standards. Relocatable classrooms will not be accepted as mitigation.

Mitigation shall be directed to projects on the SBAC's financially feasible five-year work plan that the SBAC agrees will satisfy the demand created by that development approval. Such mitigation proposals shall be reviewed by the SBAC, the city and any affected local government. If agreed to by all parties, the mitigation shall be assured by a legally binding development agreement between the SBAC, the city, and the applicant which shall be executed prior to the city's issuance of the final subdivision plat or the final development plan approval. If the mitigation proposal is for a project that is not within the SBAC's adopted five-year work plan, acceptance of the proposal will be subject to determination by the SBAC of the financial feasibility of the project. In order to agree to the mitigation, the SBAC must commit in the agreement to placing the improvement required for mitigation in its five-year work program.

The applicant's total proportionate share obligation to resolve a capacity deficiency shall be based on the following:

NUMBER OF STUDENT STATIONS (BY SCHOOL TYPE) = NUMBER OF DWELLING UNITS BY HOUSING TYPE × STUDENT GENERATION MULTIPLIER (BY HOUSING TYPE AND SCHOOL TYPE)

PROPORTIONATE SHARE AMOUNT = NUMBER OF STUDENT STATIONS (BY SCHOOL TYPE) × COST PER STUDENT STATION FOR SCHOOL TYPE.

The above formula shall be calculated for each housing type within the proposed development and for each school type (elementary, middle or high) for which a capacity deficiency has been identified. The sum of these calculations shall be the proportionate share amount for the development under review.

The SBAC average cost per student station shall only include school facility construction and land costs, and costs to build schools to emergency shelter standards when applicable.

The applicant's proportionate-share mitigation obligation shall be credited toward any other impact or exaction fee imposed by local ordinance for the same need, on a dollar-for-dollar basis, at fair market value.

Phased projects may be approved, provided the development order is in accordance with a development agreement entered into by the School Board, Alachua County, and the developer, which may include a phasing schedule or other timing plan for development plan approvals, capacity reservation fees, capacity enhancement agreements, or other requirements as determined by the school board. Any modifications to a phased project shall be pursuant to the development agreement and in accordance with the ILA.

(a)

Short title. This part shall be known and may be cited as the "City of High Springs Impact Fee Ordinance."

(b)

Authorization. The city commission has the authority to adopt this part pursuant to F.S. § 163.31801, as amended.

(c)

Applicability. This part shall apply to all new development within the incorporated area of the City of High Springs, Florida.

(d)

Incorporation of technical report. The city commission has reviewed and accepted, and incorporates into this part by reference, the report prepared by Duncan Associates, titled High Springs Impact Fee Study, dated April 2022, hereinafter referred to as the Technical Report, or any subsequent similar report, which establishes the need for and appropriate amount of impact fees for transportation, parks, and general government facilities necessary to serve new development.

(Ord. No. 2022-17, § 1, 11-29-2022)

(a)

Land use definitions. The land use types in the impact fee schedule are defined as follows:

Single-family detached means a building containing only one dwelling unit, including a mobile or manufactured home.

Multi-family means a building containing two or more dwelling units, including duplexes, apartments, residential condominiums, townhouses, and timeshares.

Retail/commercial means establishments engaged in the selling or rental of goods, services or entertainment to the general public. Such uses include, but are not limited to, amusement parks, auto parts store, auto wrecking yard, auto repair, automobile sales and service, banks, bars or cocktail lounges, barber shops, bowling alleys, building material and lumber stores, car washes, convenience stores, dance studios, department stores, discount stores, florist shops, funeral homes, furniture stores, golf courses and driving ranges, grocery stores, hardware and paint stores, health or fitness clubs, home improvement stores, hotels or motels, laundromats, lawn and garden supply stores, marinas, massage parlors, miniature golf courses, movie theaters, newsstands, nightclubs, pharmacies, restaurants, shopping centers, supermarkets, theaters, tire stores, variety stores, and vocational or technical schools. Any land use within a shopping center shall be considered a retail/commercial use.

Office means a building exclusively containing establishments providing executive, management, administrative, financial or professional services, and which may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand or childcare facilities. It may be the upper floors of a multi-story office building with ground floor retail/commercial uses. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, secretarial, data processing, photocopy and reproduction, telephone answering, telephone marketing, music, radio and television recording and broadcasting studios; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; medical and dental offices and clinics, including veterinarian clinics; and business offices of private companies, utility companies, trade associations, unions and nonprofit organizations. This category does not include an administrative office that is ancillary to the principal use on the site.

Industrial/warehouse means an establishment primarily engaged in the fabrication, assembly or processing of goods, or the display, storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment. Typical uses include manufacturing plants, industrial parks, research and development laboratories, welding shops, wholesale bakeries, dry cleaning plants, bottling works, wholesale distributors, storage warehouses, trucking terminals, moving and storage firms, recycling facilities, trucking and shipping operations, major mail processing centers, and mini-warehouses.

Public/institutional means a governmental, quasi-public, institutional or nonprofit use. Typical uses include elementary, secondary or higher educational establishments; day care centers; hospitals; mental institutions; nursing homes; fire stations; city halls; county court houses; post offices; jails; libraries; museums; places of religious worship; military bases; airports; bus stations; fraternal lodges; and parks and playgrounds.

(b)

Other definitions. The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any person who applies for a development permit for impact-generating land development.

Director means the city manager or employee designated thereby to review applications for development permits that require impact fee payments pursuant to this part.

General government facilities means police and fire protection and other general government services, including city administration, public works and other city services, but excluding facilities related to transportation, parks and recreation, water, and wastewater services.

Impact-generating land development is land development designed or intended to permit a use of the land that will contain more dwelling units or floor space than the existing use of the land in a manner that increases the generation of vehicular traffic or the demand for parks or general government facilities.

Major roadway system means all arterial and collector roads within the incorporated area of the city.

Site-related improvements means road improvements necessary to provide safe and adequate ingress and egress to a development site while maintaining efficient traffic operations. Such improvements include, but are not limited to, right-of-way and easements, turn lanes, acceleration and deceleration lanes, traffic control signals, and signage and marking.

Square feet means a measurement of one foot by one foot. For the purpose of assessing impact fees, it is calculated by using the gross floor area of a building, measured from the exterior faces of exterior walls, excluding areas within the interior of a building that are utilized for vehicular maneuvering and parking. Structures without roofs or walls shall not be deemed to have square footage under the terms of this part

(Ord. No. 2022-17, § 1, 11-29-2022)

(a)

Any person who applies for the issuance of a building permit or development permit for an impact-generating land development shall be required to pay impact fees in the manner and amounts set forth herein. No building permit or development permit for any impact-generating development requiring payment of an impact fee pursuant to this part shall be issued unless and until the impact fees hereby required have been paid. If no building permit or development permit is required, the impact fees shall be collected prior to the issuance of the final permit required for the development.

(b)

Unless the applicant requests an independent fee calculation pursuant to section 5.11.04 of this part, the impact fees due shall be determined by using the applicable fee schedule set forth below.

(1)

The following fee schedule will be in effect after November 10, 2022.

(c)

The director shall determine the appropriate land use category or categories for the proposed development. The determination shall be based on the categories listed in the fee schedule, the proposed primary use of the site and the definitions of the categories in section 5.11.02. In the event that the building permit covers multiple primary uses, such as residential and commercial in the same building, the fees for each primary use shall be calculated separately and summed.

(d)

If a development involves the replacement, expansion and/or change of use related to an existing development, the impact fees due shall be determined by the difference between the fees that would otherwise have been due for the most recent use of the existing site and the fees for the proposed development or redevelopment.

(Ord. No. 2022-17, § 1, 11-29-2022)

(a)

Generally.

(1)

The intent of an independent fee calculation study is to determine appropriate impact fees for land uses that are not typical of the generalized land use types listed in the impact fee schedule. It shall not be grounds for an independent fee calculation that the initial occupant of the development will not generate as much impact as is assumed by the fee schedule, but that unique and permanent features of the development will result in lower impacts over the long-term.

(2)

The impact fee may be computed by the use of an independent fee calculation study at the election of the fee payer, if the applicant believes it can be demonstrated that the nature of the proposed development makes it likely that the impacts generated will cost substantially less to mitigate than the amount of the fee that would be generated by the use of the fee schedule.

(3)

The preparation of the independent fee calculation study shall be the sole responsibility and expense of the electing party. Any person who requests an independent fee calculation study shall pay an application fee for administrative costs associated with the review and decision on such study.

(b)

Requirements.

(1)

An independent fee calculation study for transportation impact fees shall provide independent sources of data for determining appropriate trip generation rate, new trip factor and average length of a trip on the arterial and collector road system of the city. The independent fee calculation study shall provide independent data not used in the technical report for all three of these travel demand characteristics. The independent sources shall be: (1) an accepted standard source of transportation engineering or planning data; or (2) a local study on travel demand characteristics carried out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering.

(2)

An independent fee calculation study for general government facilities impact fees shall provide independent sources of data for determining appropriate functional population per development unit for the proposed development using the methodology set forth in the technical report.

(3)

An independent fee calculation study for parks impact fees shall provide independent sources of data for determining appropriate measures of persons per dwelling unit to be added by the proposed development.

(c)

Procedures.

(1)

An independent fee calculation study shall be undertaken through the submission of an application for an independent fee calculation. The application shall briefly describe how the applicant proposes to conduct the independent fee calculation and meet the standards for such study provided in this section.

(2)

Within 14 days of receipt of an application for an independent fee calculation study, the director shall determine if the application is complete. If the director determines that the application is not complete, a written statement specifying the deficiencies shall be sent by mail to the person submitting the application. The application shall be deemed complete if no deficiencies are specified. The director shall take no further action on the application until it is deemed complete.

(3)

When the director determines that the application is complete, the application shall be reviewed by the director, and the director shall render a written decision within 45 days on whether the fee should be modified and, if so, what the amount should be, based upon the standards below.

(d)

Standards. If, on the basis of generally recognized principles of impact analysis, it is determined that the data, information and assumptions used by the applicant in the independent fee calculation study satisfy the requirements of this section, the fee determined in the independent fee calculation study shall be deemed the fee due and owing for the proposed impact-generating development. The adjustment shall be set forth in a fee agreement. If the independent fee calculation study fails to satisfy the requirements of this section, the fee applied shall be that fee established for the development pursuant to section 5.11.03.

(Ord. No. 2022-17, § 1, 11-29-2022)

The transportation impact fee is designed to calculate the costs inherent in the construction of non-site-related improvements to the arterial and collector road system of the city, and is not intended to assess an amount to construct site-related roadway improvements. Therefore, if an assessment for or the construction of site-related roadway improvements are required as a condition of development approval or permit, then to the extent permitted by law, said assessment or construction requirement shall be considered as an addition to the transportation impact fee assessed pursuant to the terms of this part.

(Ord. No. 2022-17, § 1, 11-29-2022)

(a)

The impact fees collected by the city pursuant to this part shall be kept in separate accounts for each fee type from other revenue of the city.

(b)

Funds withdrawn from these accounts must be used solely in accordance with the provisions of this part. The disbursal of such funds shall require the approval of the city commission, upon recommendation of the director.

(c)

Funds in these accounts shall be deemed to have been expended on a first-in, first out basis.

(Ord. No. 2022-17, § 1, 11-29-2022)

(a)

The funds collected by reason of establishment of the transportation impact fee in accordance with this part shall be used solely for the purpose of administering, planning, acquisition, expansion and development of non-site-related improvements to the arterial and collector road system of the city determined to be needed to serve new land uses, including but not limited to:

(1)

Corridor studies and environmental assessments;

(2)

Design and construction plan preparation;

(3)

Right-of-way acquisition;

(4)

Construction of new through lanes;

(5)

Construction of new turn lanes;

(6)

Construction of new bridges;

(7)

Construction of new drainage facilities in conjunction with new roadway construction;

(8)

Purchase and installation of traffic signalization; and

(9)

Construction of new curbs, medians and shoulders.

(b)

The funds collected by reason of establishment of the parks impact fee in accordance with this part shall be used solely for the purpose of administering, planning, acquisition, expansion and development of additional land, amenities and facilities for public parks and recreation purposes.

(c)

The funds collected by reason of establishment of the general government impact fee in accordance with this part shall be used solely for the purpose of administering, planning, acquisition, expansion and development of additional land, facilities, vehicles and equipment for general government facilities as defined in this part.

(d)

Funds collected by reason of the establishment of the transportation, parks, and general government impact fees shall not be used for maintenance, rehabilitation, repair or replacement of existing facilities, or for the acquisition of vehicles or equipment with a useful life of less than five years, provided that the minimum useful life does not apply to public safety vehicles.

(e)

Any funds on deposit not immediately necessary for expenditure shall be invested in interest-bearing accounts and all income derived shall remain in the account.

(f)

The city shall be entitled to retain up to three percent of the impact fees collected to offset the actual administrative costs associated with collection and use of said funds pursuant to this part.

(Ord. No. 2022-17, § 1, 11-29-2022)

(a)

General.

(1)

Any person who shall initiate any impact-generating land development may apply for a credit against any impact fee assessed pursuant to this part for any contribution, payment, construction or dedication of land accepted and received by the city for those capital facilities.

(2)

Credit for contributions, payments, construction or dedications against one type of impact fee shall not be transferable to another type of impact fee. Credits shall be transferable between developments within the city.

(3)

Credit shall be in an amount equal to the estimated fair market value of the land dedication or improvement at the time of the application, or the value of the contribution or payment at the time it is made.

(4)

The city shall enter into a capital contribution front-ending agreement with any person who proposes or is required to dedicate or construct impact fee-eligible improvements.

(b)

Credit agreement procedures.

(1)

The determination of any credit shall be undertaken through the submission of an application that includes a draft capital contribution front-ending agreement, which shall be submitted to the director.

(2)

If the proposed application involves credit for the dedication of land, the application agreement shall include the following information: a drawing and legal description of the land; the appraised fair market value of the land at the date a building permit is proposed to be issued for the impact-generating land development, prepared by a professional real estate appraiser; and if applicable, a certified copy of the development order in which the land was agreed to be dedicated.

(3)

If the proposed application involves construction, the application shall include the proposed plan of the specific construction prepared and certified by a duly qualified and licensed Florida engineer or contractor; and the estimated cost of the proposed improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated cost shall include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one year after completion of construction, cost of plans and specifications, surveys of estimates of costs and of revenues, cost of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction.

(4)

If the proposed application involves a credit for any other contribution or payment, the application shall include a certified copy of the development order in which the contribution or payment was agreed; if payment has been made, proof of payment; or if payment has not been made, the proposed method of payment.

(5)

Within 14 days of receipt of the proposed application for credit agreement, the director shall determine if the application is complete. If it is determined that the proposed application is not complete, the director shall mail a written statement to the applicant outlining the deficiencies. No further action shall be taken on the proposed application until all deficiencies have been corrected or otherwise settled.

(6)

Within 45 days after an application for credit is determined complete, the director shall review the application and determine if it meets the standards set forth in this section. If the application for credit agreement meets the standards set forth in this section, a capital contribution front-ending agreement shall be prepared and presented to the city commission for consideration. It shall specifically outline the contribution, payment, construction or land dedication; the time by which it shall be completed, dedicated, or paid, and any extensions thereof; and the dollar credit the applicant shall receive for the contribution, payment or construction.

(c)

Use of credits. Credits may be used by the credit holder to reduce impact fees that would otherwise be due from any development project within the city. The dollar value of the credits to be used shall be inflated or reduced by the same percentage by which the fee for the land use for which the credits shall be used has changed since the date of the credit agreement. Any credit amount not used within ten years of the date of the credit agreement shall expire and be of no further value.

(Ord. No. 2022-17, § 1, 11-29-2022)

If it is determined by the city that fee assessments collected pursuant to this part have not been spent or encumbered for expenditure by the end of the calendar quarter immediately following ten years from the date that the fee was received, or if the land uses for which the fees were paid were never begun, then said funds shall be eligible for refund to the then-present owner in accordance with the following procedures:

(a)

The then-present owner must petition the city commission for the refund within one year following the end of the calendar quarter immediately following ten years from the date on which the fee was received by the city.

(b)

The petition must be submitted to the director and must contain:

(1)

A notarized sworn statement that the petitioner is the current owner of the development site;

(2)

A copy of the dated receipt issued for payment of the fee;

(3)

A certified copy of the latest recorded deed;

(4)

A copy of the most recent ad valorem tax bill; and

(5)

Such other information which may be reasonably necessary to ascertain current ownership of the development site.

(c)

Within 60 days from the date of receipt of petition for refund, the director or his/her designee shall advise the petitioner and the city commission of the determination of whether the fee requested for refund remains in the trust fund and has been there for ten years. For the purpose of determining whether fees have been spent or encumbered, the first money placed in a trust fund account shall be deemed to be the first money taken out of that account when withdrawals have been made.

(d)

If the money requested for refund is still in the trust fund account and has not been spent or encumbered by the end of the calendar quarter immediately following ten years from the date the fees were paid, the money shall be returned.

(e)

In the event that the building permit or other development permit for which impact fees were paid has expired without opportunity for renewal and the permitted development has not begun, the entity that paid the fee may request a refund by filing an application for refund within 90 days of the final expiration of the permit. The application shall contain a copy of the applicable development permit and evidence that the permit has expired and that the permitted development was not begun. The director shall review the application and make a written determination of whether it meets the standards of this subsection (e) within 30 days. If the determination is affirmative, the director shall cause the refund to be issued for 97 percent of the original impact fee payment to the entity that paid the impact fee.

(Ord. No. 2022-17, § 1, 11-29-2022)

(a)

Any persons desiring to appeal the decision of the director regarding the assessment of an impact fee or an application for an independent fee calculation, or a refund shall file with the city clerk a written notice of appeal to the city commission within ten days of the decision by the director.

(b)

The notice of appeal shall include a full explanation of the reasons for the appeal, specifying the grounds therefor and containing any documentation which the applicant desires to be considered. The appeal shall contain the name and address of the person filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which the impact fees pertain.

(c)

The city clerk shall schedule the appeal for the first city commission meeting following 30 days from receipt of the written notice of appeal to the city commission. Postponement of the appeal date may be granted by the city clerk if a postponement is requested by either the applicant or the director in writing at least ten days in advance of the scheduled city commission meeting date.

(d)

The applicant and the director shall each be given opportunity to make oral presentations before the city commission.

(e)

The city commission, after hearing, shall have the power to affirm or reverse the decision of the director. In making its decision, the city commission shall make written findings of fact and conclusions of law, and apply the standards in this part. If the city commission reverses the decision of the director, it shall instruct the director to determine the outcome in accordance with its findings. In no case shall the city commission have the authority to negotiate the amount of the fee, refund or to waive the fee. The decision of the city commission shall be final and not subject to further administrative appeal.

(Ord. No. 2022-17, § 1, 11-29-2022)