(A)

Purpose and intent. The purpose of the Town of Longboat Key School Concurrency Proportionate-Share Mitigation Program is to establish a method whereby the impacts of residential development on public school facilities of Manatee or Sarasota County can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate-share program, as required by and in a manner consistent with F.S. § 163.3180(13), as amended. The Town shall find and determine that adequate school capacity has a value to both the public and private sectors. The Town's proportionate-share program:

(1)

Allows developers to proceed with final plat or Site Development Plan approval under certain conditions, notwithstanding the lack of public school capacity, by contributing their proportionate-share to resolve deficiencies in school capacity;

(2)

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

(3)

Maximizes the use of public funds for adequate public school facilities to serve future growth; and

(4)

Is consistent with F.S. § 163.3180(13), as amended, and supports the policies in the Town of Longboat Key Comprehensive Plan.

(B)

Applicability. The proportionate-share mitigation program shall apply to all proposed residential developments in the Town that are determined to lack the necessary public school capacity in the applicable service area or the adjacent service area. The proportionate-share mitigation program does not apply to developments exempted from concurrency as provided in F.S. § 163.3180, as amended, or exempted under the interlocal agreement for public school facility planning (ILA) for the applicable county.

(C)

Public school facility concurrency determination. All residential developments requiring final subdivision or Site Development Plan approval and that are not exempted from school facility planning concurrency, as determined under Subsection (B) of this Section, shall submit a school facility planning concurrency analysis from the applicable county school district to ensure that adequate public school capacity is available for the proposed residential development. The applicable county school district shall provide the Applicant with a written determination of available capacity. The Town shall receive the school district's written determination as part of the application for final subdivision or Site Development Plan approval.

(D)

Application process for a proportionate-share mitigation program.

(1)

Pursuant to F.S. § 163.3180(13), as amended, proposed proportionate-share mitigation for residential development impacts to public school facilities on the school district's capital improvement plan requires the concurrence of the school district.

(2)

General requirements. Upon a written determination under Subsection (C) of a lack of capacity to satisfy school concurrency and of a lack of funding for the necessary improvements to maintain, at a minimum, the required level of service (LOS), the school district shall notify the Applicant in writing of the opportunity to satisfy school concurrency through the proportionate-share mitigation program.

(3)

An Applicant may choose to satisfy the school concurrency requirements of the Town through proportionate-share mitigation to the affected school district by entering into a Development Agreement with the school district, the Town, and all other affected parties, pursuant to the provisions of the ILA for school facility planning of the county in which the proposed development is located.

(4)

The Town Manager or designee shall review the Development Agreement for completeness in accordance with Section 158.023, (Development Agreements). If an agreement is determined to be incomplete the Town will notify the Applicant in writing of the reasons for such deficiencies.

(5)

When an application for approval of a Development Agreement is deemed complete the Town shall notify the Applicant and school district regarding the dates of the public hearings when the agreement will be considered for final approval. No proportionate-share developer agreement will be effective until approved by the Town Commission.

(E)

Proportionate-share obligation.

(1)

Proportionate-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities as stipulated in the ILA for the applicable county.

(2)

A development shall not be required to pay more than its proportionate-share. The fair market value of the proportionate-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.

(F)

Impact fee credit for proportionate-share mitigation. Proportionate-share payments, dedication of rights-of-way accepted as proportionate-share payment, developer-constructed improvements, and other forms of mitigation accepted as a proportionate-share mitigation payment authorized under F.S. ch. 163, as amended, shall be eligible for school impact fee credits to the extent consistent with the provisions of the applicable ILA between the Town, the school district, and impacted adjacent governmental entities. The terms of the impact fee credit may be established in the proportionate-share mitigation agreement.

(G)

Proportionate-share mitigation agreements.

(1)

Upon execution of a proportionate-share Development Agreement, should the Applicant fail to apply for a final subdivision or Site Development Plan approval as specified in the applicable interlocal agreement, then the Development Agreement shall be considered null and void, and the Applicant shall be required to reapply.

(2)

Payment of a proportionate-share contribution is due as provided for in the applicable ILA.

(3)

All developer improvements authorized under this Section must be completed prior to the approval of a Site Development Plan order or Outline Development Plan, or as otherwise secured in a binding agreement that is accompanied by the appropriate bond instrument(s) that is sufficient to insure the completion of all required improvements.

(4)

Any requested change to a residential development project subsequent to a Development Order may be subject to additional proportionate-share contributions to the extent the change would generate the need for additional student stations or school facility improvements that would require mitigation.

(5)

Applicants may submit a letter to withdraw from the proportionate-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the Town will be nonrefundable.

(6)

The Town and applicable school district may enter into proportionate-share mitigation agreements for selected public school facilities to facilitate collaboration among multiple Applicants on improvements to a shared school facility.

(H)

Intergovernmental coordination. Residential development occurring within the Town limits may impact public school facilities or ancillary improvements related to public school facilities maintained by another government entity. Such facilities may be located inside or outside of the Town limits. Therefore, the Town will continue to coordinate with other affected jurisdictions regarding mitigation to impacted public school facilities not under the jurisdiction of the local government receiving the application for proportionate-share mitigation.

(Ord. 2018-24, passed 4-1-19)