5.1.A.

Short title. This article shall be known and may be cited as the "Martin County Adequate Public Facilities and Transportation Impact Analysis Ordinance" or "APFO/TIA."

5.1.B.

Authority. The Board of County Commissioners of Martin County has the authority to adopt this article pursuant to article VIII, section 1(f), Florida Constitution, F.S. §§ 125.01 et seq., 163.3161(8), 163.3177(10)(h), 163.3180, and 163.3202(2)(g), and F.A.C. 9J-5.

5.1.C.

Application. This article shall apply to all development in the total unincorporated area of Martin County.

(Ord. No. 564, pt. I, § 5.1, 12-21-1999)

5.2.A.

Implementation of Comprehensive Growth Management Plan. This article is intended to implement and be consistent with the Martin County Comprehensive Growth Management Plan, F.S. § 163.3161 et seq., and F.A.C. 9J-5, by ensuring that: all development in unincorporated Martin County is served by adequate public facilities, the requirement of fiscal conservancy and efficient delivery of service is met, and that development pays its share of the cost of new public facilities.

5.2.B.

Establishment of management/monitoring and regulatory program. This objective is accomplished by establishing a management and monitoring program to evaluate and coordinate the timing and provision of the necessary public facilities to service development, and by establishing a regulatory program that ensures that each public facility is available to serve development concurrent with the impacts of development on the public facilities.

5.2.C.

Minimum requirements. The provisions of this article in their interpretation and application are declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and objectives of this article.

(Ord. No. 564, pt. I, § 5.2, 12-21-1999)

For the purposes of this article, the following definitions shall be used.

Adequate public facilities means public facilities that are consistent with their LOS standards.

Affidavit deferring public facilities reservation means an affidavit signed by the applicant that defers public facilities reservation pursuant to section 14.4.A.3.d(2) of the Comprehensive Plan and section 5.32.C of this article until receipt of a final development order for the proposed development, acknowledging that future rights to develop the land are subject to the receipt of a certificate of public facilities reservation and acknowledging that no vested rights are granted by Martin County, or acquired by the applicant as it relates to the availability or reservation of adequate public facilities.

Aggregated segment means a group of continuous links with similar roadway characteristics, land use and roadway operating conditions as defined in the Highway Capacity Manual and the Florida Department of Transportation (FDOT) publication, Florida's Level of Service Guidelines Manual For Planning.

Annual average daily traffic (AADT) denotes the daily traffic averaged over the calendar year.

Background traffic growth means the number of years of traffic growth, typically three years, that represents approved but unbuilt development.

Boundary plat means a final plat approval which does not create new lots or parcels but which plats legally created existing parcels or lots of record (created before November 7, 1972), or legal lot splits, and does not create additional concurrency impact or authorize site development.

Capital Improvement Element (CIE) means Capital Improvement Element of the Comprehensive Growth Management Plan. The CIE generally includes five fiscal planning years, calculated exclusive of the current budget year.

Certificate of public facilities exemption means a certificate approved pursuant to section 5.32.B of this article demonstrating that a proposed development is exempt from this article.

Certificate of public facilities reservation means a certificate approved pursuant to section 5.32.D of this article that constitutes proof of adequate public facilities to serve a proposed development.

Committed development means the unbuilt portions of development that are exempt pursuant to section 5.32.B, and those unbuilt portions of development orders that have received a valid and unexpired certificate of public facilities reservation. For purposes of regional water and sewer facilities, committed development shall be limited to commitments contained in valid utility service agreements.

Community park facilities means the planning of, engineering for, acquisition of land for, permitting for, or construction of park facilities necessary to meet the adopted LOS for community park facilities.

Concept plan for APFO variance means a generalized parcel plan approved pursuant to the APFO variance procedures in section 5.33 of this article, showing lots, roads, preserve areas, and other general features as are appropriate, and indicating the use and development intensity of each lot and the entire parcel, consistent with the approved land use and zoning, all applicable performance standards. A concept plan shall have an informational legend, title, preparer identification, and preparation and/or revision dates. A concept plan is not a development order and conveys no rights to the property owner and/or developer nor does it impose any obligation upon the County.

Concurrency Service Area (CSA) means the geographic subsection of the school district within which school concurrency is measured.

Constrained facility means a roadway facility in which the addition of lanes to meet current or future traffic needs is not possible because of extraordinary physical or policy constraints.

Deficient link means a roadway link that is operating, or is projected to operate, below the adopted level of service designated for that road.

De minimis impact means an impact that would not affect more than one percent of the maximum volume at the adopted level of service of the affected road facility as determined by Martin County. No impact will be de minimis if the sum of existing roadway volumes and the projected volumes from approved projects on a road facility would exceed 110 percent of the maximum volume at the adopted level of service of the affected road facility. Further, no impact will be de minimis if it would exceed the adopted level of service standard of any affected designated hurricane evacuation routes.

Development agreement means an agreement entered into between a local government and a person associated with the development of land, including but not limited to development agreements pursuant to the Florida Local Government Development Agreement Act (F.S. § 163.3220 et seq.) and the Martin County Development Agreement Ordinance [article 7 of the Land Development Regulations].

Development completion means all components of a development are finished and approved by Martin County, including infrastructure, buildings, and any required off-site improvements. Development completion for purposes of a single-family lot sale subdivision as defined in section 5.32.D.4.d(2) means all components of the development are finished, and have been approved by Martin County, except for the construction of single-family units.

Development order, final, means a building permit, plat approval (except for "boundary plats"), final site plan approval, excavation, fill or mining permit, or any other development order not listed in this definition which may result in an immediate and continuing impact upon public facilities.

Development order, preliminary, means a development order for a development of regional impact, master site plan approval, a "boundary plat" where no site improvements are authorized, PUD master site plan approval, conditional use approval, and any other development order other than a final development order.

Discrete phase means a phase of a larger development which can stand alone if necessary, such that if no other phase is constructed, or subsequent phases are delayed, the development is separate and distinct and complete by itself. A discrete phase has infrastructure which relates to the lots and units within that phase. A discrete phase does not overbuild infrastructure. Notwithstanding the above, the discrete phase requirement shall not prohibit construction of infrastructure to be dedicated to the public. As regards improvements dedicated to the public, such improvements shall be required to serve existing public purposes and not merely facilitate the development of vacant land. Such public dedications shall not be utilized by the developer as evidence of good faith expenditures in a vested rights claim. The developer shall agree in writing that compensation for expenditures beyond the immediate needs of the approved discrete phase shall be limited to impact fee credit, if in fact, it is a creditable improvement. The discrete phase requirement shall not prohibit construction of infrastructure (public or private) demonstrated to be essential to protection of the public safety of the residents of the development. The Emergency Services Department shall make a specific finding that such improvement is required for the safety of the residents of the development. When such improvements are required for public safety they shall be deemed essential to the phase to stand alone and the developer shall agree in writing that such improvements do not entitle the developer to future phases. When an early phase of a development is a golf course, and the developer claims that this improvement is a discrete phase, the developer must agree in writing that the golf course can stand alone as a fee based public use golf course and does not entitle the developer to residential development.

Encumbered revenue means the commitment by Martin County of impact fees, capital facility charges, construction guarantees or other user fee monies or approved security instruments for the purpose of expenditures on the planning or design of, land acquisition for, or construction of capital improvements that provide a benefit to new growth and development.

Exempt project means any proposed development project in Martin County which has received an exemption based on the adequate public facilities requirements set forth in section 5.32.B of this article.

Existing development means development where physical site infrastructure improvements are in place and either buildings are permitted (building permit issued), under construction, or completed.

Expiration of the approved timetable means the time for obtaining approval, constructing or completing any part of the existing development order timetable has passed and come to an end.

Florida Intrastate Highway System (FIHS) means the State road facilities located in Martin County that are designated by the Florida Department of Transportation as being included on the FIHS.

Functional classification means a classification system for the highway network which denotes what "function" particular roads serve within the overall network.

Interim level of service means the maximum allowable volume on deficient links and aggregated segments.

Interlocal agreement for school facilities planning and siting means the interlocal agreement between Martin County, the City of Stuart, and the School Board of Martin County, signed by the School Board on February 19, 2008, and made effective by Martin County on March 11, 2008, which details the responsibilities and coordination processes necessary to implement joint planning, school siting procedures, and school concurrency.

Internal capture means the percentage of the estimated total trips generated by the land uses of a proposed development that are trips that travel from one land use to another land use on roads within the proposed development.

Large project means any proposed development project, which after consideration of pass-by capture and internal capture trips, is projected to generate equal to or greater than 50 peak hour vehicle trips.

Level of service (LOS) means the service provided by, or proposed to be provided by, a public facility based on and related to the operational characteristics of the facility. The LOS for each type of public facility shall be the LOS or interim LOS standards adopted for such public facility in the Comprehensive Plan.

Major road network (MRN) means those roads located in Martin County having a functional classification of at least collector and above and which are illustrated in figure 1.

Editor's note— Figure 1 is not printed herein, but is available for public inspection at the office of the Growth Management Department.

Mass transit facilities means the planning of, engineering, land or equipment acquisition, permitting, or construction of mass transit facilities necessary to meet the adopted LOS for mass transit facilities.

Maximum allowable volume means the limiting volume on deficient links and aggregated segments computed by the sum of the existing traffic volume plus the background traffic growth plus the estimated allowable future growth attributed to development not already approved.

Model unit means any residential structure used for demonstration and sales purposes which is open to the public for inspection and not occupied or used as a dwelling unit.

Negative evaluation of adequate public facilities means an analysis which indicates that sufficient public facility capacity is not available, programmed, or planned for in the Capital Improvement Element of the adopted Martin County Comprehensive Growth Management Plan, as amended, the 2005 roadway plan as amended, or 1993 utility master plans, as amended, in the appropriate year, based on adopted LOS standards for those public facilities to service the proposed development, after accounting for existing and committed development, projected future demand, and other factors considered in the public facilities level of service (PFLOS) review and recommendation under section 5.31.B.

Pass-by capture means the percentage of the estimated total trips generated by a land use of a proposed development that are already travelling on the major road network.

Performance standard multiplier means the ratio applied to only deficient links and deficient aggregated segments computed by dividing the maximum allowable volume by the link capacity at the adopted level of service standard.

Permit-ready industrial development means a development on land with a Future Land Use designation of Industrial, Expressway Oriented Transient Commercial Service Center or Expressway Oriented Research and Biotech Center which through a Planned Unit Development Zoning Agreement approved by the Board of County Commissioners has been designed exclusively for industrial uses and has satisfied all requirements that allow each individual lot to be developed without the need for site plan review.

Positive evaluation of adequate public facilities means an analysis which indicates that sufficient public facility capacity is available, programmed, or planned for in the Capital Improvement Element of the adopted Martin County Comprehensive Growth Management Plan, as amended, the 2005 roadway plan, as amended, or 1993 utility master plans, as amended, in the appropriate year, based on adopted LOS standards for those public facilities to service the proposed development, after accounting for existing and committed development, projected future demand, and other factors considered in the public facilities level of service (PFLOS) review and recommendation under section 5.31.B.

Potable water facilities means the planning of, engineering for, acquisition of land for, permitting for, or construction of potable water facilities necessary to meet the adopted LOS for potable water facilities.

Project traffic means the estimated traffic generated by a new development as computed by the methodology identified in section 5.64 of this article.

Proportionality of development test means the realistic, balanced and even distribution of development order approvals and construction throughout a timetable for development. In order to assure continuous active development and to facilitate the effective monitoring of the development program and the planning for future public facilities when reserving capacity, preliminary development order timetables must show a significant final development order (e.g., final plan approval, including phase approval) within 12 months of preliminary approval and commencement of construction within 18 months of preliminary approval. After final development order approval, all timetables must show significant internal approvals of subsequent development orders and/or construction activity in each year (12-month period beginning with the initial final development plan approval), such that the development will be constructed in a realistic, balanced and proportional manner such that development progress can be monitored throughout the timetable. All development encompassed by the timetable in the certificate or development agreement must be completed according to the timetable for development. "Realistic" as used herein means whether the units and infrastructure in the timetable can physically be completed in the time stated. The purpose of the proportionality requirement is to ensure that available category A and C public facility capacity is not reserved for future development projects when current projects which are ready to commence actual construction need the public facility capacity.

Public facilities for purposes of this article means mandatory (category A and category C) public facilities including County arterial and collector roads, mass transit, County drainage conveyance systems, County water systems, County sewer systems, County solid waste, County parks and recreation, County public safety, federal and State roads, private water systems and private sewer systems.

Road facilities means the planning of, engineering for, acquisition of land for, permitting for, or construction of roads identified in the CIE of the Comprehensive Growth Management Plan, as are necessary to meet the adopted LOS for road facilities.

Roadway capacity means the maximum number of vehicles that a roadway can accommodate at the adopted level of service.

Roadway link/segment means any portion of a roadway which is delineated by a beginning and end point (the connection between two adjacent intersections).

Rural area means the area of Martin County not included in the urban service district, generally located west of the Turnpike in the north, and west of I-95 in the central and south parts of the county, and illustrated on figure 2.

Editor's note— Figure 2 is not printed herein, but is available for public inspection at the office of the Growth Management Department.

Sanitary sewer facilities means the planning of, engineering for, acquisition of land for, permitting for, or construction of sanitary sewer facilities necessary to meet the adopted LOS for sanitary sewer facilities.

Site plan means a specific parcel plan which contains sufficient information to demonstrate compliance with the Comprehensive Plan, the Land Development Regulations, and the Code with details including, but not limited to, structure locations (multifamily and nonresidential plans only), phasing, setbacks, open space, preserve areas, buffer area, drainage area, recreational amenities, utilities, parking configuration, and other dimensional data and calculations as is appropriate.

Site-related improvements means road improvements generally defined as direct site access, driveways, turn lanes for traffic entering and exiting the site, project signalization or other improvements directly required for and benefiting the proposed development.

Small project means any proposed development project, which after consideration of pass-by capture and internal capture trips, is projected to generate less than 50 peak hour vehicle trips.

Solid waste facilities means the planning of, engineering for, acquisition of land for, permitting for, or construction of solid waste facilities necessary to meet the adopted LOS for solid waste facilities.

Stormwater management facilities means the planning of, engineering for, acquisition of land for, permitting for, or construction of stormwater management facilities necessary to meet the adopted LOS for stormwater management facilities.

Timetable of development means the schedule for project phasing, construction, and completion as required in a development order. The timetable of development commences on the date of approval of a certificate of public facilities reservation.

Traffic analysis zone (TAZ) means the basic geographical entity or portion of a study area delineated for transportation analysis. This generally corresponds with one or more Census Bureau designated units for data collection (i.e., block group, enumeration district or census tract).

Traffic congestion mitigation program (TCMP) means a program of specific actions developed by government and/or private sector interests designed to maintain and improve the capacity of roadway links in heavily congested areas, address link/intersection deficiencies and improve the overall traffic flows in congested areas of the County. In addition to addressing capacity improvements to deficient roadways, the TCMP may include:

1.

Parallel roadway improvements within the corridor or area;

2.

Improved traffic signalization including timing, road marking and signing, access control measures, intersection redesigns and turn lane additions;

3.

Transportation demand management techniques including but not limited to ride sharing programs, staggered or flexible work hours, telecommuting, congestion pricing and the use of transportation management associations; and

4.

Implementation of multimodal facilities including bicycle and pedestrian facilities, and enhancements to the public transportation system.

The TCMP must describe in detail a program of improvements to the transportation system and/or trip reduction measures that provide additional capacity on congested links and at problem intersections such that the development's impacts are mitigated to meet the adopted level of service or interim level of service standards. It must be based on generally accepted professional transportation engineering principles and practices. It must also provide professional analytical support in the form of traffic engineering studies acceptable to the County to demonstrate the anticipated impacts of the program. The TCMP must specify a secure and dedicated funding commitment for the proposed improvements and it must provide for a monitoring component to ensure that the program achieves the anticipated effects. The TCMP must be included in a development agreement which shall run with the land and be recorded in the public records of Martin County. The TCMP must be approved by the Transportation Planning Administrator and the Board of County Commissioners.

Trip generation means the number of trips a specific land use is estimated to generate per unit of development on a daily, peak hour and peak hour peak direction basis.

Under construction means the construction of a public facility improvement by the County or pursuant to a County contract.

Under contract means a contract for construction of a public facility improvement to which the County is a party.

Worst case scenario means the most intense use of the property in terms of intensity of use on public facilities. Relevant factors include, but are not limited to, density (units), or intensity (square footage), which can be developed on the parcels in question given the project's land use, zoning, and estimated developable area.

(Ord. No. 564, pt. I, § 5.4, 12-21-1999; Ord. No. 728, pt. 1, 11-28-2006; Ord. No. 813, pt. 1, 12-9-2008)

Cross reference— Rules of interpretation, § 1.5.

5.31.A.

General. In order to ensure that adequate public facilities are available concurrent with the impacts of development on such public facilities, the County shall establish the following management and monitoring program. Its purpose is to evaluate and coordinate the timing, provision and funding of public facilities so that they are being adequately planned for and funded to maintain the adopted LOS for such public facilities and to evaluate public facility capacity for use in the regulatory program to ensure that no development order is issued unless there are adequate public facilities available to serve the development concurrent with the impact of development on the public facilities, and that future development will pay its share of the cost of the new public facilities needed to address the impact of that development.

5.31.B.

Annual public facilities level of service review.

1.

By October 1 of each year, the County Administrator shall complete a public facilities level of service (PFLOS) review. The review shall (1) include potable water, sanitary sewer, solid waste, stormwater management, community parks, boat ramps, beach parks, roads, mass transit, libraries, emergency medical services, fire services, public buildings and correctional facilities; (2) be based on the most recently adopted population projections, facilities inventories, and capital improvements plan (CIP); (3) provide the current level of service and the projected level of service for each of the five years of the adopted CIP; and (4) be included in the annual update of the CIP.

2.

The School Board staff shall monitor the level of service standards for public school facilities within each concurrency service area to determine whether any deficiencies exist.

5.31.C.

Recommendations on amendments to CIP and annual budget.

1.

Based upon analysis of the PFLOS review, the County Administrator shall propose to the Board of County Commissioners, each year, any necessary amendments to the CIP and any proposed amendments to the County's annual budget for public facilities to assure compliance with the concurrency requirements of the Comprehensive Plan, F.S. § 163.3180, and F.A.C. 95-5.0055. Upon the board's approval and adoption by resolution of the CIP including the PFLOS review, the CIP including the PFLOS review may be used by the County to establish the capacity and levels of service of public facilities for the purpose of issuing development orders during the 12 months following such approval. Only the road projects under construction in the first three years of the CIP shall be used for the evaluation of adequate public facilities for roads and the roads component of the certificate of public facilities reservation.

2.

In the event that one or more deficiencies are identified in the level of service standards for public school facilities, the School Board shall initiate action to cure the deficiency by no later than the time of the next annual update of the Public School Facilities Element.

(Ord. No. 564, pt. I, § 5.6, 12-21-1999; Ord. No. 813, pt. 1, 12-9-2008)

5.32.A.

General.

1.

Purpose and intent. The purpose of this regulatory program is to ensure that adequate potable water, sanitary sewer, solid waste, stormwater management, community park, road, public safety, public school facilities, and mass transit public facilities are available concurrent with the impact of development on each public facility. To this end, the County shall establish the following development review procedures to ensure that no development order is issued unless there are adequate public facilities available to serve the proposed development, or that development orders are conditioned pursuant to the specific provisions of this article on the availability of public facilities concurrent with the development's impact on such public facilities.

2.

Prohibitions.

a.

General. No development shall be commenced or undertaken except in conformity with this article.

b.

Preliminary development order. No application for a preliminary development order shall be accepted without receipt of either an application for or a certificate of public facilities exemption pursuant to section 5.32.B, an application for an evaluation of public facilities and an affidavit deferring public facilities reservation pursuant to section 5.32.C, an application for or a certificate of public facilities reservation pursuant to section 5.32.D, or an application for a development agreement pursuant to the Martin County Development Agreement Ordinance [article 7 of the Land Development Regulations] and section 5.32.D. No preliminary development order shall be approved without either a certificate of public facilities exemption, a positive evaluation of public facilities and a signed affidavit deferring public facilities reservation, a negative evaluation of public facilities and signed affidavit acknowledging development order conditions, a certificate of public facilities reservation, or approval of a development agreement.

c.

Final development order. No application for a final development order shall be submitted without an application for a certificate of public facilities exemption pursuant to section 5.32.B, an application for or a certificate of public facilities Reservation pursuant to section 5.32.D, or an application for a development agreement pursuant to the Martin County Development Agreement Ordinance [article 7 of the Land Development Regulations]. No final development order shall be approved without either a certificate of public facilities exemption, a certificate of public facilities reservation, or a development agreement. When two parcels are created by a legal lot split, as set forth in the Subdivision Code, neither application for, nor issuance of, individual certificates of exemption shall be required.

3.

Application—General. An application for a certificate of public facilities exemption, an application for an evaluation of public facilities and an affidavit deferring public facilities reservation, an application for a certificate of public facilities reservation or an application for a development agreement shall be processed pursuant to article 10, Development Review Procedures.

5.32.B.

Certificate of public facilities exemption.

1.

Purpose. A development order with a valid certificate of exemption is statutorily vested to the degree set forth herein from the concurrency requirements of this article, provided the conditions of the certificate and development order are maintained. Any development which is determined to be exempt will not be required to provide the facilities necessary to meet the concurrency provisions of the Comprehensive Plan, but instead will be treated as committed development for which the County will assure concurrency.

2.

Application and review. See article 10, Development Review Procedures.

a.

Except when the exemption request concerns a legally created residential parcel or lot of record (created before November 7, 1972), or legal lot split, an application for a certificate of public facilities exemption shall be accompanied by a development order request or be related to an existing development order. For purposes of this subsection, existing development order does not include zoning and conditional use approvals.

3.

Standards for certificate of public facility exemption. The following shall be exempt from the requirements of this article.

a.

Development of regional impact, planned unit development, or site plan. A development order for a development of regional impact approved on or before February 20, 1990; a development order for a master site plan or a final site plan for a planned unit development approved on or before February 20, 1990; or a development order for any form of site plan (but excluding any form of plat) approved on or before February 20, 1990; unless it:

(1)

Expressly states otherwise; or

(2)

Expires according to its terms or any part thereof including its timetable; or

(3)

Fails to comply with the commencement date established for the DRI; or

(4)

Extends the commencement date for the development, extends the build-out date for the development, or modifies the remainder of the timetable for development in such a way that the timetable violates the proportionality of development or impacts public facilities in such a way that there is not sufficient capacity available to accommodate the development pursuant to the modified timetable, based on the adopted LOS standards for public facilities; or

(5)

Is amended to increase the density or intensity of development such that there is an additional impact on public facilities; or

(6)

Is amended to create a substantial deviation as defined by F.S. § 380.06; or

(7)

Is invalidated or abandoned in whole or in part; or

(8)

For a planned unit development or site plan, is invalidated or breached in whole or in part; or

(9)

For a planned unit development or site plan, does not contain a timetable of development approved by the Board of County Commissioners and has not completed development by February 20, 1991.

b.

Plat.

(1)

A development order for a single-family residential plat approved on or before February 20, 1990, that is subject to a timetable for development, and that is proceeding in good faith by developing subject to that timetable; or

(2)

A development order for a single-family residential plat approved on or before February 20, 1990, that is not subject to a timetable for development, and has completed development of all infrastructure by February 20, 1991.

c.

Lot of record.

(1)

A legally created, unplatted residential lot of record (an existing lot of record on November 7, 1972, or a parcel created pursuant to an exemption or legal lot split) that has legally completed infrastructure development in accordance with the Martin County Code in effect at the time the lot was created, and said infrastructure was completed prior to February 20, 1991.

(2)

A platted single-family residential lot, recorded on or before February 20, 1990, that has legally completed infrastructure development in accordance with the Martin County Code in effect at the time the lot was platted, and said infrastructure was completed prior to February 20, 1991.

(3)

When two parcels are created by legal lot split as set forth in the Subdivision Code, both lots shall be exempt from the concurrency reservation test of this article. For purposes of this Article, a parcel of land is considered a lot of record. Issuance of individual certificates of exemption shall not be required for such lot splits.

d.

Building permit. A development order for a building permit issued prior to February 20, 1990, unless it:

(1)

Expires according to its terms or any part thereof; or

(2)

Is invalidated in whole or in part.

e.

Letter of vesting determination. Development that has received a letter of vesting determination pursuant to section 1.12 of the Comprehensive Growth Management Plan.

f.

Development, development alterations or expansions creating no impact. Development, development alterations or expansions that do not create additional impact on public facilities, including but not limited to:

(1)

Construction of room additions to dwelling units; or

(2)

Construction of accessory structures to dwelling units, including swimming pools, garages and fences; or

(3)

Additions to nonresidential uses that do not create additional impact on public facilities; or

(4)

A change in use, as defined in section 10.1.B., when the new use does not increase the impact on public facilities over the previous use or does not generate more than 105 percent of the number of daily traffic trips or more than 15 peak hour traffic trips. No change in use will be considered exempt when the previous use has been discontinued for two years or more. For changes in the use of property that generate more than 105 percent of the number of daily trips or 15 peak hour trips, the previous use shall be exempt and any increase over the existing intensity shall not be exempt; or

(5)

Residential docking facilities for exclusive use by the residents of the property on which the dock facilities will be located. For purposes of this section dock facilities refers to improvements over water and does not include parking or a docking facility with water and sewer service; or

(6)

Replacement of an existing dwelling unit when no additional units are created; or

(7)

Zoning district changes to a zoning district which is consistent with the Future Land Use designation of the Comprehensive Growth Management Plan; or

(8)

Boundary plats which permit no site development.

g.

Public facilities in CIE. Construction of facilities identified in the CIE of the Comprehensive Growth Management Plan, or the adopted Martin County Capital Improvement Program.

h.

De minimis development. Development having a de minimis impact as defined in section 5.3 shall be exempt from the requirements of this article only with regard to road facilities. The requirements pertaining to any and all other public facilities shall continue to apply.

4.

Prohibition. Notwithstanding the exemptions in section 5.32.B.3 above, a timetable extension to a development order for a master or final site plan that is submitted after the expiration of the approved timetable for the development order, or if no timetable exists, after February 20, 1991, shall not be considered exempt from the provisions of this article. An application must be determined to be complete pursuant to article 10 of the Land Development Regulations for an application to be deemed submitted. In addition, notwithstanding the exemptions in section 5.32.B.3 above, any timetable amendment to a PUD phase or portion thereof, of five years or more in length, measured cumulative since February 20, 1990, shall not be exempt from the provisions of this article.

5.

Utility prohibition. Notwithstanding the exemptions in section 5.32.B.3 above, any timetable extension for a preliminary or final development order with an existing Martin County utility reservation shall require the imposition of current service availability charges for the remaining development, exclusive of building permits for existing single-family lots in completed phases. Such an imposition shall be detailed in an amended utility agreement approved concurrent with the development order. The SAC requirements shall not invalidate an otherwise valid exemption.

6.

Effect of certificate of public facilities exemption. A certificate of public facilities exemption serves as a statement that the development subject to the certificate is exempt from the terms of this article, as long as the conditions of its approval are maintained. A certificate of public facilities exemption does not have the effect of exempting the development from the payment of impact fees at building permit issuance or in the event the terms of the development order are violated.

7.

Assignability and transferability. A certificate of public facilities exemption is specific to the development order and is assignable or transferable to the extent the development order, or portions thereof, is assignable or transferable. Maintenance of a valid development order is essential to the maintenance of a valid exemption. A certificate of public facilities exemption shall run with the land, consistent with the development order on which it is based.

8.

Appeal or vested rights determination. An appeal from a determination that a proposed development does not meet the exemption criteria in section 5.32.B of this article may be filed pursuant to the provisions of article 10 of the Land Development Regulations. A claim that a proposed development is otherwise vested from the provisions of this article must be processed in accordance with the vested rights determination procedures and standards outlined in section 1.12 of the [Comprehensive] Plan. Any allegation that a proposed development is vested from the provisions of this article in a vested rights determination must be preceded by a request for and denial of a request for a certificate of public facilities exemption.

9.

Exemptions from requirements of school concurrency. The following residential uses shall be exempt from the requirements of school concurrency:

a.

Single-family lots of record, existing as of September 25, 2008.

b.

Any new residential development that has final site plan approval prior to September 25, 2008.

c.

Any amendment to any previously approved residential development that does not increase the number of dwelling units or changes the type of dwelling units (single-family to multifamily, etc.)

d.

Age restricted communities with no permanent residents under the age of 18. Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 55 years and older.

5.32.C.

Procedure to obtain an evaluation of adequate public facilities (nonbinding) and affidavit deferring adequate public facilities reservation.

1.

Purpose. An application for an evaluation of adequate public facilities and affidavit deferring public facilities shall be submitted with an application for a preliminary development order to ensure that the County and the developer plan together to meet concurrency at the preliminary development order stage. The evaluation provides a current view of the availability of public facilities for a proposed development based upon the concurrency evaluation and concurrency reservation tests of this article. Neither a positive nor a negative evaluation confers concurrency rights or is binding on the County pursuant to section 14.4.A.3.d(2) and (3) of the Comprehensive Plan.

2.

Standard. The evaluation test for all public facilities, except for public school facilities, shall apply the reservation test in section 5.32.D to the preliminary development plan approval for the dates shown in the project timetable. For public school facilities, the evaluation test shall be the general capacity analysis outlined in section 5.82.A. A positive evaluation means that the project passes the evaluation, and a negative evaluation means that the project fails the evaluation test. The concurrency evaluation test for rezonings, commercial subdivisions, and industrial subdivisions shall be based upon an intensity which represents the worst case scenario which can be developed on the parcels in question given the project's land use, zoning, and estimated developable area. Reservation of worst case scenario intensity shall be assumed to occur within the applicable timetable of development for that project. If such analysis results in a failure of the concurrency evaluation test, the analysis will utilize a lower intensity scenario, but in no case less than one unit for residential parcels or minimum buildable square footage for commercial and industrial subdivisions, and will assume reservation at a later time but in no case beyond the last available date for reservation in the CIE and other long range utility or roadway plans. Evaluations for rezonings, commercial and industrial subdivisions are subject to the notification requirements in section 5.32.D.4.b of this article. For purposes of this section minimum buildable square footage for industrial and commercial subdivision lots shall be 15 percent of the permitted intensity of the site exclusive of required wetland/upland preserve and buffer zones under the Comprehensive Growth Management Plan and Zoning Code.

3.

Effect of a positive evaluation of adequate public facilities. A positive evaluation of adequate public facilities approved in conjunction with a preliminary development order serves as a determination that based on the existing public facility capacity, adequate public facilities are either available, programmed, or planned to serve the development at the time of anticipated impact of the development on public facilities. The positive evaluation of adequate public facilities is provided for informational purposes only, and provides no assurance or guarantee that sufficient facility capacity will be available to accommodate a proposed development. In addition, a positive evaluation of adequate public facilities shall be accompanied by an affidavit deferring public facilities reservation, executed by the applicant, acknowledging the following:

a.

Final development orders for the subject property are subject to a determination and reservation of adequate capacity of category A and category C public facilities pursuant to chapter 14 of the Comprehensive Plan and section 5.32.D of this article. No rights to obtain final development orders, nor any other rights to develop the subject property have been granted or implied by the County's approval of the preliminary development order without a determination and reservation of adequate capacity of category A and category C public facilities.

b.

The approval of the preliminary development order with a positive evaluation by the County shall not be used by the applicant, or their successors in title, in any way whatsoever as committing the County legally through the theory of equitable estoppel or any other legal theory, to approve any final development order for the project without a determination and reservation of adequate capacity of category A and C public facilities, pursuant to section 14.4.A.3.d.1(b)(2) of the Martin County Comprehensive Growth Management Plan and section 5.32.D of this article.

c.

If the subject property is to be developed in discrete geographical phases, the approval of a final development order for one phase grants or implies no right to the approval of a final development order for any other discrete phase. The approval of the final development order for a discrete phase by the County shall not be used by the applicant, or their successors in title, in any way whatsoever as committing the county legally through the theory of equitable estoppel or any other legal theory, to approve a final development order for any other phase of the project without a determination and reservation of adequate capacity of category A and C public facilities pursuant to section 14.4.3.d(1)(b)[2] of the Comprehensive Plan and section 5.32.D of this article. Final development orders for phased projects cannot utilize the exemption to the prepayment requirement contained in section 5.32.D.4.c(3) and section 14.4.A.3.d(1)(b)[1] of the Comprehensive Plan. This subsection shall not prohibit a variance procedure which would permit development of a discrete phase.

d.

A preliminary development order with a positive evaluation of adequate public facilities does not authorize site development. Model units are expressly prohibited in phases that have not reserved capacity.

4.

Effect of a negative evaluation of adequate public facilities. A negative evaluation of adequate public facilities approved in conjunction with a preliminary development order serves as a determination that based on the existing public facility capacity, adequate public facilities are not available, programmed, or planned to serve the development at the time of anticipated impact of the development on public facilities. The negative evaluation of adequate public facilities is provided for informational purposes only, and provides no assurance or guarantee that sufficient facility capacity will be available to accommodate a proposed development. In addition, a negative evaluation of adequate public facilities shall be accompanied by an affidavit acknowledging development order conditions, executed by the applicant, acknowledging the following:

a.

The preliminary development order shall not count as committed units in the ARDP preference system.

b.

The preliminary development order shall be effective for a period not to exceed two years from the date of approval. If the applicant has not solved the concurrency constraint during the period of effectiveness of the development order, as evidenced by an amended development order and positive evaluation pursuant to 5.32.C.4 above, or an amended development order and determination and reservation of adequate capacity of category A and C public facilities pursuant to section 5.32.D, then the preliminary development order shall automatically expire. There shall be no extension of time for preliminary development orders under this subsection, and amendment to the land uses, densities or intensities as represented on the development order shall not reset the period of effectiveness. The approval of a preliminary development order pursuant to this subsection shall not be interpreted to imply a priority pursuant to section 14.4.A.1.j(4) or any other provision of the Comprehensive Plan or duty on the part of the County to add category A and C public facilities in the Capital Improvements Element, or provide category A and C public facilities necessary to service the development.

c.

Resolution of the concurrency problem must be accomplished for the entire project. Discrete phases may not proceed unless the preliminary development order receives a positive evaluation pursuant to section 14.4.A.3.d(2) of the Comprehensive Plan.

d.

The approval of a preliminary development order pursuant to this subsection is subject to the specific conditions set forth in 5.32.C.4 above.

5.

Assignability and transferability. A negative or positive evaluation of adequate public facilities is specific to the development order and is assignable or transferable only to the extent the development order is assignable or transferable. Maintenance of a valid development order is essential to the maintenance of a valid evaluation. An evaluation of adequate public facilities shall run with the land, consistent with the development order on which it was based.

5.32.D.

Procedure to obtain certificate of public facilities reservation.

1.

Purpose. A certificate of public facilities reservation is required with a final development order in order to ensure that adequate public facilities will be available to service the development concurrent with the impacts of development.

2.

Application requirements.

a.

An application for a certificate of public facilities reservation must be accompanied by either an application for a proposed development order or be directly related to an existing and valid development order and shall follow the procedures for such development order.

b.

Priority for public facility capacity and encumbrance. Priority for remaining public facility capacity for an application being reviewed for a certificate of public facilities reservation shall be based upon the date the application is determined to be complete pursuant to article 10 of the LDR but in no case earlier than the date upon which the application for a proposed development order is determined complete in those cases where the certificate is not related to an existing and valid development order, with the earliest dates having first priority for available capacity. After the County departments determine there is adequate public facility capacity for a development, that capacity shall be encumbered until final action is taken on the application pursuant to article 10, provided the applicant proceeds in a timely manner consistent with the timeframes of the development review process established in the Land Development Regulations for the remainder of the development review process. In no case shall capacity encumbrance be allowed for more than 12 months for developments of regional impact (DRI), development orders with PUDs, nine months for planned unit developments (non-DRI), and four months for all other development applications. For any development application request that exceeds the above maximum limits, or in any manner violates the development review timeframes, its encumbrance expires and the application will lose priority relative to all subsequently submitted applications. Reapplication will result in placement on the priority list based on the completeness determination of the reapplication.

c.

If the PDS Director's recommendation is that an application fails to meet any of the public facility component standards, the applicant shall be notified of such deficiency, and may amend the application for a certificate of public facilities reservation to remedy the deficiency within 30 days, after which the application shall be reconsidered by the PDS Director and forwarded for action in the review process consistent with the requirements of article 10. Deficiencies may be remedied by reducing the impact of the proposed development, providing a facility pursuant to a development agreement, or entering the negative evaluation track.

3.

Standards for review of certificate of public facilities reservation. Before issuance of a certificate of public facilities reservation, the application shall fulfill the standards for each and every public facility component listed in 5.32.D.3. Therefore, the determination of whether or not there is sufficient public facility capacity for each of the mandatory public facilities to accommodate the development proposed shall be based on the generic methodology set forth in figure 5.32.D.3 below. This generic methodology may be modified to address each public facility type if such specific methodology is contained in a resolution approved by the Board of County Commissioners:

FIGURE 5.32.D.3. GENERIC METHODOLOGY

Note: Intensity and timing of impact for rezonings, commercial and industrial subdivisions shall be as set forth in section 5.32.C.3. Notwithstanding the above, reservation of capacity is prohibited with a rezoning unless such rezoning is to a PUD.

a.

Potable water facilities. A certificate of public facilities reservation shall meet one of the listed potable water standards for each of the three elements which constitute the potable water facility (plant capacity, permitted allocation and water lines):

(1)

Plant capacity for potable water facilities are (select one of the following):

(a)

In place; or

(b)

Under construction; or

(c)

Subject to a binding executed construction contract; or

(d)

Planned to be initiated in the current budget year and completed before the end of the first year of the five-year CIE; or

(e)

Subject to conditions noted in section 5.32.D.3.i(2), planned to be initiated no later than the third year of the five-year CIE and completed in the fifth year of the five-year CIE, as set forth in a CIE facility commitment development agreement; or

(f)

To be provided by the applicant, pursuant to a CIE ordinance update or CIE plan amendment development agreement;

and will provide the proposed development sufficient services based upon the adopted LOS for potable water facilities, and a reservation of capacity has been received from the appropriate service provider, demonstrating that sufficient flow capacity will be available prior to issuance of a certificate of occupancy.

(2)

Plant capacity conditions. The following condition is imposed when using standard (b), (c), (d), (e) or (f) above: No building permit will be issued if the peak day flows exceed 90 percent of DEP rated capacity, unless additional capacity is under construction and will be completed within six months.

(3)

Water line capacity for potable water facilities are (select one of the following):

(a)

In place; or

(b)

Under construction; or

(c)

Subject to a binding executed construction contract; or

(d)

Planned to be initiated in the current budget year and completed before the end of the first year of the five-year CIE; or

(e)

Subject to conditions noted in section 5.32.D.3.i(2), planned to be initiated no later than the third year of the five-year CIE and completed in the fifth year of the five-year CIE, as set forth in a CIE facility commitment development agreement; or

(f)

To be provided by the applicant, pursuant to a CIE ordinance update or CIE plan amendment development agreement; or

(g)

To be provided by the applicant because the improvement is a line extension within the primary urban service district, of less than 1,320 feet with accessibility by public right-of-way or utility easement, and the extension is subject to a binding executed contract for construction of required improvements and 110 percent security;

and will provide the proposed development sufficient services based upon the adopted LOS for potable water facilities, and a reservation of capacity has been received from the appropriate service provider, demonstrating that sufficient flow capacity will be available prior to issuance of a certificate of occupancy.

(4)

Water line conditions. The following condition is imposed when using water line standard (b), (c), (d), (e), (f), or (g) above: No building permit will be issued if potable water lines necessary to service the project are not in place.

(5)

Permitted allocation for potable water facilities are (select one of the following):

(a)

In place; or

(b)

Sought, as evidenced by a CIE project, before the end of the third year of the CIE and obtained before the end of the fifth year of the CIE, as set forth in a CIE facility commitment development agreement;

and will provide the proposed development sufficient services based upon the adopted LOS for potable water facilities, and a reservation of capacity has been received from the appropriate service provider, demonstrating that sufficient flow capacity will be available prior to issuance of a certificate of occupancy.

(6)

Allocation condition. The following condition is imposed when using permitted allocation standard (b) above: No building permit will be issued if average daily flows exceed 90 percent of the SFWMD permitted allocation, unless an application for a permit for additional allocation has been submitted to the SFWMD by Martin County and the increased allocation is reasonably expected to be granted within two years of the issuance of the building permit. In addition, no building permits will be issued if average daily flows exceed 100 percent of SFWMD permitted allocation.

b.

Sanitary sewer facilities. A certificate of public facilities reservation shall meet one of the listed sanitary sewer standards for each of the two elements which constitute the sanitary sewer facility (plant capacity and wastewater lines):

(1)

Plant capacity for sanitary sewer facilities are (select one of the following):

(a)

In place; or

(b)

Under construction; or

(c)

Subject to a binding executed construction contract; or

(d)

Planned to be initiated in the current budget year and completed before the end of the first year of the five-year CIE; or

(e)

Subject to conditions noted in section 5.32.D.3.i(2), planned to be initiated no later than the third year of the five-year CIE and completed in the fifth year of the five-year CIE, as set forth in a CIE facility commitment development agreement; or

(f)

To be provided by the applicant, pursuant to a CIE ordinance update or CIE plan amendment development agreement;

and will provide the proposed development sufficient services based upon the adopted LOS for sanitary sewer facilities, and a reservation of capacity has been received from the appropriate service provider, demonstrating that sufficient flow capacity will be available prior to issuance of a certificate of occupancy.

(2)

Plant capacity conditions. The following condition is imposed when using standard (b), (c), (d), (e), or (f) above: No building permit will be issued if the historical peak three-month average daily flow exceeds 90 percent of DEP rated capacity, unless additional capacity is under construction and will be completed within six months.

(3)

Wastewater line capacity for wastewater facilities are (select one of the following):

(a)

In place; or

(b)

Under construction; or

(c)

Subject to a binding executed construction contract; or

(d)

Planned to be initiated in the current budget year and completed before the end of the first year of the five-year CIE; or

(e)

Subject to conditions noted in section 5.32.D.3.i(2), planned to be initiated no later than the third year of the five-year CIE and completed in the fifth year of the five-year CIE, as set forth in a CIE facility commitment development agreement; or

(f)

To be provided by the applicant, pursuant to a CIE ordinance update or CIE plan amendment development agreement; or

(g)

To be provided by the applicant because the improvement is a line extension within the primary urban service district, of less than 1,320 feet, with accessibility by public right-of-way or utility easement and the extension is subject to a binding executed contract for construction of required improvements and 110 percent security;

and will provide the proposed development sufficient services based upon the adopted LOS for sanitary sewer facilities, and a reservation of capacity has been received from the appropriate service provider, demonstrating that sufficient flow capacity will be available prior to issuance of a certificate of occupancy.

(4)

Wastewater line condition. The following condition is imposed when using wastewater line standard (b), (c), (d), (e), (f), or (g) above: No building permit will be issued if wastewater lines necessary to service the project are not in place.

c.

Solid waste facilities. A certificate of public facilities reservation shall meet one of the following solid waste standards:

(1)

Solid waste facilities are (select one of the following):

(a)

In place; or

(b)

Under construction; or

(c)

Subject to a binding executed construction contract; or

(d)

Planned to be initiated in the current budget year and completed before the end of the first year of the five-year CIE; or

(e)

Planned to be initiated no later than the second year of the five-year CIE and will be completed before the end of the third year of the CIE, as set forth in a CIE facility commitment development agreement;

and will provide the proposed development sufficient services based upon the adopted LOS for solid waste facilities, and assurance has been received demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy.

(2)

Solid waste condition. The following condition is imposed when using standard (b), (c), (d), or (e) above: No building permit will be issued if solid waste facilities necessary to service the project are not in place.

d.

Stormwater management facilities. A certificate of public facilities reservation shall meet one of the following stormwater management standards:

(1)

Stormwater management facilities are (select one of the following):

(a)

In place; or

(b)

Under construction; or

(c)

Subject to a binding executed construction contract; or

(d)

Planned to be initiated in the current budget year and completed before the end of the first year of the five-year CIE; or

(e)

Planned to be initiated no later than the second year of five-year CIE and completed in the third year of the five-year CIE, as set forth in a CIE facility commitment development agreement; or

(f)

To be provided by the applicant, pursuant to a CIE ordinance update or CIE plan amendment development agreement;

and will provide the proposed development sufficient services based upon the adopted LOS for stormwater management facilities, and assurance has been received demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy.

(2)

Stormwater condition. The following condition is imposed when using stormwater standard (b), (c), (d), (e), or (f) above: No construction plan approval will be issued if stormwater management facilities necessary to service the project are not in place.

e.

Community park facilities. A certificate of public facilities reservation shall meet one of the following community park standards:

(1)

Community park facilities are (select one of the following):

(a)

In place; or

(b)

Under construction; or

(c)

Subject to a binding executed construction contract; or

(d)

Planned to be initiated in the current budget year and completed before the end of the first year of the five-year CIE; or

(e)

Planned to be initiated no later than the second year of five-year CIE and completed in third year of the five-year CIE, as set forth in a CIE facility commitment development agreement; or

(f)

To be provided by the applicant, pursuant to a CIE ordinance update or CIE plan amendment development agreement;

and will provide the proposed development sufficient services based upon the adopted LOS for community park facilities, and assurance has been received demonstrating that sufficient community park facilities will be under actual construction within one year of issuance of the reserving final development order and completion of the required facilities will occur no later than two years following the reserving final development order issuance.

(2)

Community park condition. The following condition is imposed when using community park standard (b), (c), (d), (e), or (f) above: No building permit will be issued if community park facilities necessary to service the project are not, at least, subject to a binding executed contract for acquisition and/or actual construction which provides for the facilities to be commenced within one year of issuance of the reserving final development order and completion of the required facilities will occur no later than two years following issuance of the reserving final development order.

f.

Road facilities. A certificate of public facilities reservation shall meet one of the following road standards:

(1)

Road facilities are (select one of the following):

(a)

In place; or

(b)

Under construction; or

(c)

Subject to a binding executed construction contract; or

(d)

Planned to be initiated in the current budget year and completed before the end of the first year of the five-year CIE; or

(e)

Planned to be initiated no later than the third year of the five-year CIE and completed in the fifth year of the five-year CIE, as set forth in a CIE facility commitment development agreement; or

(f)

To be provided by the applicant, pursuant to a CIE ordinance update or CIE plan amendment development agreement; or

(g)

The subject of a Proportionate Fair-Share Agreement approved by the Board of County Commissioners pursuant to division 4 of this article;

and will provide the proposed development sufficient services based upon the adopted LOS for road facilities.

(2)

Road condition. The following condition is imposed when using road facility standard (b), (c), (d), (e), or (f) above: No building permit will be issued if construction of road facilities necessary to service the project is not scheduled to be initiated no later than the third year of the five-year CIE and completed before the end of the fifth year of the adopted CIE.

g.

Mass transit facilities. The mass transit component shall be approved if the following conditions are met:

(1)

Mass transit facilities are in place to provide the proposed development sufficient services based on the adopted LOS for mass transit facilities; and

(2)

Capital improvements and/or payments are in the adopted CIE that will provide for the continuation of sufficient mass transit services based on the adopted LOS for mass transit facilities.

h.

Public safety facilities. A certificate of public facilities reservation shall meet one of the following public safety standards:

(1)

Public safety facilities are (select one of the following):

(a)

In place; or

(b)

Under construction; or

(c)

Subject to a binding executed construction contract; or

(d)

Planned to be initiated in the current budget year and completed before the end of the first year of the five-year CIE; or

(e)

Planned to be initiated no later than the second year of the five-year CIE and will be completed before the end of the third year of the CIE, as set forth in a CIE facility commitment development agreement;

and will provide the proposed development sufficient services based upon the adopted LOS for public safety facilities, and assurance has been received demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy.

(2)

Public safety condition. The following condition is imposed using standard (b), (c), (d), or (e) above: No building permit will be issued if public safety facilities necessary to service the project are not in place.

i.

Public school facilities. A certificate of public facilities reservation shall meet the requirements of section 5.84.A. for public school facilities.

j.

Additional standards and conditions applicable to reservation standards.

(1)

Use of a CIE facility commitment development agreement pursuant to section 5.32.D.3.a(1)(e), 5.32.D.3.a(3)(e), 5.32.D.3.a(5)(b), 5.32.D.3.b(1)(e), or 5.32.D.3.b(3)(e) is subject to the following limitation: A CIE facility commitment development agreement shall not be approved unless it contains a condition permitting the County to delay the scheduled CIE improvement when flow triggers for new improvements, after consideration of the anticipated uptake of existing and committed reservations, are not met.

(2)

Standards for certificates of public facilities reservation as they relate to facilities provided by other agencies and private utilities. If future public facility improvements by other public agencies or private utilities are utilized to determine adequate public facility LOS for an application for development order under these standards, then the development order and certificate shall be conditioned to provide that building permits for that portion of the proposed development intensity that would violate public facility LOS without these improvements would not be issued until the needed public facilities are in place or are assured by these standards.

k.

Model units. Notwithstanding the prohibition on building permits pursuant to sections 5.32.D.3.a through h, building permits for up to five model units, as defined herein, shall be permitted for a reserving phase when the removal of the model unit(s) in its entirety, as well as necessary infrastructure, is fully bonded to the satisfaction of the County Administrator.

4.

Terms, expiration and effect of certificate of public facilities reservation. A certificate of public facilities reservation shall be subject to the following terms, expiration and effect.

a.

Timetable for development. A timetable for completion of the development, or portion thereof, that is subject to the certificate of public facilities reservation shall be identified in the certificate of public facilities reservation and shall be consistent with the valid duration of the certificate of public facilities reservation. The timetable of development commences on the date of approval of a certificate of public facilities reservation. The development encompassed by the timetable in a valid, unexpired certificate issued prior to the effective date of this article must be completed in the timeframe required in such certificate of public facilities reservation and remains subject to the proportionality of development tests and the limitations of section 5.32.D.4.d; provided, however, such certificate shall not be further amended nor extended except in accordance with this article. The development encompassed by the timetable in a certificate issued on or after the effective date of this article must be completed within the "timetable" specified in section 5.32.D.4.a(1), for the "type of development" referenced therein. In addition, the project timetable must meet the proportionality of development test as defined in section 5.3.

(1)

[Development time limits.]

b.

Notification of adequate public facilities status. All owners of land subject to a certificate of public facilities reservation shall provide written notification of the status of the certificate for that land to any subsequent purchaser of that land, prior to its conveyance, by recording the certificate of public facilities reservation in the public records. Approval resolutions for rezonings as well as commercial and industrial subdivisions shall note the intensity and timing utilized in performing the evaluation and reservation tests of this article. Certificates for commercial, residential, and industrial subdivisions shall note the allocation of capacity per lot.

c.

Prepayment of fees.

(1)

Preliminary development order. Impact fees, with the exception of school impact fees, service agreements, capital facility charges, and other user fees associated with the provision of public facilities shall be either paid in full, or as follows, as part of a certificate of public facilities reservation approval for a preliminary development order. Twenty-five percent of the fees shall be paid within 60 days of approval with payment of 25 percent plus interest on the fourth, eighth, and 12th month anniversary of the approval date. Payment shall not extend beyond 12 months, or approval of a final development order, whichever occurs first. The capacity reservation automatically expires if payments are not made as required.

(2)

Final development order. Except in the case of a designated permit-ready industrial development, impact fees, with the exception of school impact fees, service agreements, capital facility charges, and other user fees associated with the provision of public facilities for a certificate of public facilities reservation approved for a final development order shall be paid in full within 60 days of the approval of the final development order. The capacity reservation automatically expires if the payment is not made as required. Final commercial and/or industrial plats may either reserve capacity at the final plat stage or defer capacity reservation to the subsequent site plan approval stage for the individual platted lots. In the case of a permit-ready industrial development, the payment of impact fees shall be as specified in article 6 of the LDR. School impact fees shall be paid as specified in article 6, division 2, LDR.

(3)

Exception. Either a preliminary development order or a final development order with a final completion date of two years or less for the entire development is not required to prepay impact fees under this subsection in order to receive a certificate of public facilities reservation and shall pay such fees at building permit issuance. Utility agreements must, however, be submitted within 60 days with SAC charges paid thereafter. CFC charges will be paid in accordance with the agreement but no later than certificate of occupancy. This exception will not apply to single-family lot sale developments or to phased projects. A certificate issued pursuant to this exception conveys no rights to development orders beyond the two-year reservation period except as provided in section 5.32.D.8, and provided that all remaining impact fees and capital facility charges are paid in full within 60 days of an approval of a requested extension.

(4)

Letters of credit in lieu of monetary prepayment. A letter of credit (LOC) may be utilized at the preliminary development order stage in conjunction with a letter of credit administration agreement as a mechanism for the fee and/or charge prepayment requirement of this article provided the following standards are met:

(a)

The LOC is submitted on a standard form approved by the Martin County Administrator;

(b)

The issuing financial institution must be an approved depository as listed by the State of Florida;

(c)

It must be a clean, standby LOC;

(d)

The LOC must be irrevocable;

(e)

LOC is callable when any impact fee supported facility benefiting the district in which the development is located is either adopted in the annual budget, the first year of the adopted CIE or at final development plan approval, whichever is earlier;

(f)

LOC total amount must encompass the total fee or charge principal plus ten percent. The developer must pay the amount of the impact fees or capital facility charges in effect at the time at which the LOC is deemed callable. If subsequent phases of a project are reserved by the LOC, then a new LOC must be submitted for the remaining phases in an amount equal to the fee(s) in effect at the time of submission plus ten percent;

(g)

A separate LOC must be provided for each public facility type for which fees or charges are being prepaid;

(h)

Administrative fee of $25.00 per transaction or such higher fee established in a fee resolution and, based on the cost of County LOC administration, will be charged to all applicants using this option;

(i)

The term of the LOC must extend to at least three months beyond the date of first final development plan approval;

(j)

Refunds for LOC shall be treated the same as for cash payment, including retention by the County of any applicable administrative charge.

(5)

Refund of fees.

(a)

Any impact fee not expended or encumbered by the end of the calendar quarter immediately following six years from the date the fee or capital facility charge was paid shall be returned to the feepayer with interest at a per annum which is the average of the rate the County earned on its investments with the local government surplus trust fund administered by the State Board of Administration over the period of time the County was in receipt of the funds, provided that the feepayer submits an application for a refund within 180 calendar days of the expiration of the six-year period. An administrative charge, in accordance with the adopted County impact fee regulations in effect at the time of the refund, will be paid to the County by the feepayer to help defray the costs of the refund program.

(b)

If a certificate of adequate public facilities expires or is revoked, and the fee or capital facility charge has not been expended or encumbered, then upon application of the feepayer, the fee or capital facility charge shall be refunded to the feepayer, without interest, except that the County shall retain an administrative charge, in accordance with the adopted County impact fee regulations in effect at the time of the refund, to account for the costs of collection and refund.

(c)

If a certificate of adequate public facilities expires or is revoked, and the fee or capital facility charge has been expended or encumbered, upon application and at the option of the feepayer:

(i)

The feepayer shall receive a full monetary credit in the amount of the prepaid fee or capital facility charge which shall remain valid and run with the land for a period of ten years from the date of receipt of the credit; or

(ii)

The feepayer and Martin County shall enter into a cost reimbursement agreement, in which the feepayer shall be repaid up to the full amount of the fee or capital facility charge paid by the feepayer (less an administrative charge, in accordance with the adopted County impact fee regulations in effect at the time of the cost reimbursement agreement, to account for the cost of collection and refund), based upon the County's receipt of other applicable fees or charges over the next five years from the benefit district in which the property subject to the refund is located and provided that the timely and efficient provision of programmed facilities in the benefit district are not adversely impacted.

d.

Expiration.

(1)

Certificate of public facilities reservation approved pursuant to a preliminary or final development order. A certificate of public facilities reservation approved pursuant to a preliminary or final development order shall remain valid as long as all of the following conditions are met:

(a)

The internal and final completion deadlines in the timetable of development contained in the certificate are not violated.

(b)

The water and sewer availability charge (SAC), if applicable, is paid to the County.

(c)

If adopted by the Board of County Commissioners, an annual public facilities availability charge for the remaining public facilities is paid to the County for all portions of the development subject to the certificate which have been completed, but for which a certificate of occupancy has not been issued. If adopted, the service availability charge will be based on the cost to Martin County of operating and maintaining public facility capacity in the area of the development until that capacity is actually utilized by the development, or portion thereof, subject to the certificate.

(2)

Extension of certificate for single-family lot sales developments. A certificate of public facility reservation for a detached single-family platted lot sales development where infrastructure and off-site improvements have been completed may be extended beyond the period established in the certificate of public facility reservation and in perpetuity for such vacant lots, provided the service availability charge, if applicable, is paid annually. Once a building is constructed on a lot, the certificate is valid in perpetuity for the building subject to the certificate. The determination of whether a development is a detached single-family platted lot sales development shall be made no later than at the time of application for the certificate of public facilities reservation, or amendment thereof. Any project that represents itself as a "detached single-family platted lot sales development," either in total or within specified phases, will not be permitted to restrict lot owners as to builder or unit selection in the development or applicable portion thereof. Any single-family residential development, or portion thereof, in which the developer or subsequent purchasers utilize a common development plan for five or more lots which provides for the consecutive construction of units will be considered a builder type of development (or portion) and must have an approved timetable showing the completion of the dwelling units. This is not intended to prohibit building construction on five or more lots, if the effect is not to produce whole phases or subphases, consecutively. After approval of the development and until all lot sales have occurred, detached single-family platted lot sales developments shall submit an annual report on vertical construction to the County Administrator for inclusion in the PFLOS review.

(3)

Expiration due to lack of development intent. If the holder of a certificate of public facilities reservation expresses in writing to the Growth Management Director their desire to terminate the subject certificate, then upon proper notice and action of the Growth Management Director, the certificate will be rendered invalid and the capacity reservation terminated. The refund provisions [of section] 5.32.E.9.c(5) [5.32.D.4.c(5)] shall apply to such cases.

e.

Effect of expiration. If a certificate of public facilities reservation either expires or becomes invalid, the public facility capacity reserved by the certificate expires, is released, and becomes additional available public facility capacity.

f.

Assignability and transferability. A certificate of public facilities reservation is specific to the development order and is assignable or transferable to the extent the development order, or portions thereof, is assignable or transferable. A certificate of public facilities reservation shall run with the land, consistent with the development order on which it was based.

5.

Effect of certificate of public facilities reservation approved with conditions. A certificate of public facilities reservation with conditions, approved under the terms of this article, shall bind the County and the developer pursuant to the terms and conditions of the certificate to its determination pursuant to this article that adequate public facilities are or will be available to serve the proposed development concurrent with the impacts of the development on the public facilities. The County's commitment to provide public facilities shall be in accordance with the terms and conditions in the certificate and may be amended only in accordance with this article. When the certificate is conditioned on the completion of construction, a contract, or a budgeted improvement, the County shall proceed in good faith to meet the commitment in a timely fashion. However, a certificate of public facilities reservation shall not contain a binding timetable for the completion of said improvements.

6.

Effect of certificate of public facilities reservation accompanied by or incorporated into a development agreement. A developer may enter into a development agreement with the County, for those public facilities for which a development agreement is acceptable, in conjunction with the approval of a development order and certificate of public facilities reservation to ensure adequate public facilities are or will be available concurrent with the impacts of development on the public facility. The effect of the development agreement shall be to bind the County and the developer pursuant to the terms and duration of the development agreement to its determination pursuant to this article that adequate public facilities are or will be available to serve the proposed development concurrent with the impacts of the development on the public facilities. The County's commitment to provide public facilities shall be in accordance with the terms and conditions in the agreement, including a binding timetable, and may be amended only in accordance with the Martin County Development Agreement Ordinance [article 7 of the Land Development Regulations]. Except when the agreement expressly provides otherwise, in the event a CIE improvement identified in a development agreement is proposed to be delayed in the CIE from the date identified in the development agreement, the board may delay the facility only after a finding consistent with the unilateral amendment findings identified in section 23-210 [23-207] of the Development Agreement Ordinance [section 7.7 of the Land Development Regulations].

7.

Appeal. An applicant may appeal a decision regarding an application for a certificate of public facilities reservation pursuant to the provisions of article 10 of the Land Development Regulations.

8.

Amendment and extension of certificate of public facilities reservation.

a.

Amendments. An amendment to a certificate of public facilities reservation shall be required prior to or concurrent with the approval of any amendment to a development order for which a certificate of public facilities reservation has been approved, if the amendment increases or decreases the need for capacity for any required public facility, or alters the timing of construction for required public facilities. The amendment of a certificate of public facilities reservation shall only require evaluation and reservation of additional public facility capacity demanded by the proposed development, as well as the impact of any modification to the timing of required capital improvements for public facilities.

b.

Extensions. Pursuant to the provisions of article 10 of the Land Development Regulations, the County Administrator has the discretion to approve timetable extensions only in accordance with the number of extensions and amount of time for each extension as shown within the "optional extension" specified in section 5.32.D.4.a(1) for the "type of development" referenced therein, and then only if (1) a development is proceeding in good faith and in compliance with its development order, (2) an updated traffic study is required pursuant to section 5.32.D.4.a(1) for the extension sought, then the applicant shall provide an updated traffic study consistent with the requirements and procedures of sections 5.61 through 5.64 of this article which demonstrates that the development currently satisfies the transportation concurrency requirements, and (3) the extension will not violate adopted LOS standards for public facilities.

c.

2007 Market Condition Extension.

(1)

A project whose time periods are extended pursuant to section 10.14.F.1. or 10.14.F.2., LDRs, shall be eligible to obtain a Certificate of Public Facilities Reservation ("Certificate"), or extend an existing Certificate, for the duration of the extended timetable for development upon a demonstration of available capacity pursuant to this Article 5. Expiration of an existing Certificate for a project extended herein shall not void the master site plan or final site plan approval for that project if such approval otherwise remains valid pursuant to all applicable code requirements, however no further development shall occur after the expiration of the Certificate until sufficient capacity has been demonstrated and an extension to the Certificate is issued as provided for herein. An extension to a Certificate is not an extension of any other development order.

(2)

The extension granted herein is in addition to and not in lieu of any extensions to a Certificate of Public Facilities Reservation as the same may be authorized pursuant to the table set forth in section 5.32.D.4.a.(1).

(3)

A Fee for the extension request shall be established in accordance with the adopted Development Review Fee Schedule as established by resolution of the Board of County Commissioners as may be amended from time to time.

(Ord. No. 564, pt. I, § 5.7, 12-21-1999; Ord. No. 587, pt. 3, 5-15-2001; Ord. No. 608, pt. 2, § 5.7.B.3, 3-19-2002; Ord. No. 728, pt. 1, 11-28-2006; Ord. No. 731, pt. 1, 12-5-2006; Ord. No. 792, pt. 2, 3-18-2008; Ord. No. 813, pt. 1, 12-9-2008; Ord. No. 835, pt. 2, 11-17-2009; Ord. No. 1162, pt. 4(Exh. D), 6-22-2021)

Cross reference— Development review procedures, art. 10.

5.33.A.

Purpose. If an application for a certificate of public facilities reservation is denied by the decision-maker, the applicant may submit an application for an adequate public facilities variance pursuant to this section 5.33.

5.33.B.

Application. An application for an adequate public facilities variance shall be submitted pursuant to article 10 of the Land Development Regulations.

5.33.C.

Standards for adequate public facilities variance. An adequate public facilities variance shall allow no more than one dwelling unit for each two acres of land, or 15 percent of the permitted density/intensity of a site exclusive of required wetland/upland preserve and buffer zones under the Comprehensive Growth Management Plan and Zoning Code, whichever is less, provided that:

1.

A certificate of public facilities reservation has been denied for the proposed development and an appeal to the Board of County Commissioners has affirmed that decision;

2.

All available capacity for each public facility for the development allowed under the adequate public facilities variance has been reserved by the applicant and there is sufficient capacity for potable water, sanitary sewer, drainage, public school facilities, and solid waste facilities;

3.

A concept plan for the APFO variance for the land subject to the adequate public facilities variance demonstrates how the land will be developed at its proposed density or intensity pursuant to an adequate public facility variance, and allowable density or intensity under the Comprehensive Growth Management Plan and the County's Land Development Regulations.

a.

The concept plan shall be used to ensure development pursuant to an adequate public facilities variance is consistent with the Comprehensive Growth Management Plan and the County's Land Development Regulations, but does not constitute approval of a development order;

b.

The land made part of the concept plan must include all contiguous lands either owned by the applicant or in which the applicant has any partial ownership or financial interest;

c.

The concept plan must show enough detailed information to calculate overall net density and/or intensity and ensure the development of the adequate public facilities variance can be integrated into the entire parcel of land in a logical and prudent development layout that is consistent with the Comprehensive Growth Management Plan and the County's Land Development Regulations.

d.

The review of a concept plan for development at the allowable density and or intensity shall in no way reserve capacity for public facilities which are not available at the time of approval of an adequate public facilities variance.

4.

No beneficial use of land will be provided without issuance of the adequate public facilities variance.

5.

An adequate public facilities variance shall expire within one year if the appropriate development orders and building permits have not been approved for the proposed development subject to the adequate public facilities variance.

5.33.D.

Appeal. An applicant may appeal a decision regarding an application for a adequate public facilities variance pursuant to the provisions of article 10 of the Land Development Regulations.

(Ord. No. 564, pt. I, § 5.8, 12-21-1999; Ord. No. 813, pt. 1, 12-9-2008)

The purpose and intent of the traffic impact analysis is the protection and enhancement of the public health, safety and welfare by requiring a detailed analysis of the potential traffic impact of developments upon the county roadway network. This is accomplished through a process of analyzing potential traffic impact on roadways and comparing this impact, together with existing and projected traffic volumes, to the ability of the roadway segments to accommodate both the traffic impact and anticipated traffic volumes. Applicable level of service (LOS) standards are contained in the Transportation Element of the Comprehensive Growth Management Plan.

(Ord. No. 564, pt. I, § 5.9, 12-21-1999; Ord. No. 835, pt. 3, 11-17-2009)

Development projects shall be categorized as either exempt, de minimis, or with significant impacts.

No development application shall be accepted without an appropriate traffic review based on one of the categories. The traffic review will be the basis for determining whether a proposed development meets the requirements of the adequate public facilities section of these regulations.

(Ord. No. 564, pt. I, § 5.10, 12-21-1999; Ord. No. 835, pt. 3, 11-17-2009)

For the purpose of determining which requirements are applicable to a proposed project and for the purpose of preparing required transportation impact analyses, certain trip characteristic data are required. These data include trip generation, pass-by capture and internal capture. Each of these data requirements is discussed below.

5.63.A.

Trip generation. Trip generation rates shall be taken from the Institute of Transportation Engineers' Trip Generation (current edition). Trip generation rates from other published studies must be preapproved by the County Administrator. The trip generation rate unit of measure will be the same as the unit of measure adopted in the Martin County development impact fee update study. If a proposed land use for a development project is not contained in article 6, Impact Fees, the unit of measure must be approved by the County Administrator.

5.63.B.

Pass-by capture. Pass-by capture rates shall be computed using the percent new trips factor in article 6, Impact Fees. The pass-by capture rate shall be equal to one minus the percent new trips factor for each proposed land use of the development project. If a proposed land use for a development project is not contained in article 6, Impact Fees, the pass-by capture factor must be approved by the County Administrator.

5.63.C.

Internal capture. The internal capture rate will be computed based on the methodology established in the ITE Trip Generation Handbook chapter on multi-use developments generation. The use of an internal capture rate must be preapproved by the County Administrator.

(Ord. No. 564, pt. I, § 5.11, 12-21-1999; Ord. No. 835, pt. 3, 11-17-2009)

5.64.A.

Exempt project. In order for a project to be classified as exempt, the County Administrator must determine whether it meets the provisions set forth in section 5.32.B.3.f. If a previously approved project with a valid concurrency reservation changes the use under which the concurrency reservation was issued, the new number of total trips generated will be compared to the total trips of trips approved under the concurrency reservation. If the new number of total trips is less than the number of trips indicated on the concurrency reservation, the project will be deemed exempt. If the new number of total projected trips is more than 105 percent of the number of trips indicated on the concurrency reservation or is more than 15 additional peak hour trips, the applicant will be required to submit an appropriate updated traffic study.

5.64.B.

Project with de minimis impact. In order for a project to be classified as de minimis, the County Administrator must determine whether the trips generated would not affect more than one percent of the adopted level of service capacity. No impact will be de minimis if the sum of existing roadway volumes and the trips generated from the project would exceed 110 percent of the adopted level of service capacity of the affected road facility.

5.64.C.

Project with significant impact. Applications for projects categorized as having a significant impact, excluding developments of regional impact, must be accompanied by a traffic impact analysis, signed and sealed by a qualified registered professional engineer. The traffic impact analysis must include the following information:

1.

A letter of transmittal, table of contents, and narrative discussion concerning each of the required components, as appropriate.

2.

Description and location of development, including land uses, number of units, and square footage. Land uses shall be defined in as great a specificity as possible for the purposes of conducting and preparing a minor traffic impact statement. Absent specific land uses being defined, the highest and most intense use available will be used for the proposed development.

3.

Estimated project trip generation and assignment, considering pass-by and internal capture, on a peak hour peak direction basis.

4.

A p.m. peak hour level of service analyses, unless the a.m. or mid-day peak hour is greater than the p.m. peak hour. If this is the case, the greater peak hour will be documented in the traffic impact statement and used for level of service analysis.

5.

An analysis, including traffic distribution and assignment, of all links and aggregated segments or parts thereof, on the major road network on which the project traffic has an impact of at least two percent of the level of service capacity as identified in the most recent Martin County annual concurrency report. If no links are impacted at the two percent or greater level, the analysis will consider the first directly accessed road on the major road network.

a.

The following analysis will form the basis for determining concurrency on all impacted roads. The concurrency test will be completed by adding the background traffic growth plus the net number of trips generated from the project traffic on each impacted link on the road network to the existing traffic volume and comparing the total of this traffic volume to the adopted level of service capacity. If the total traffic volume is lower than the adopted level of service capacity, concurrency has been satisfied on this link and/or aggregated segment. If the total traffic volume is higher than the adopted level of service capacity, a more detailed analysis of level of service using accepted FDOT level of service methodology techniques must be undertaken. These techniques must be approved by the County Administrator and will include those indicated in the Highway Capacity Manual and FDOT's latest Quality/Level of Service Handbook. If the more detailed analysis indicates that the total traffic volume would be less than the adopted level of service capacity for all impacted links and/or aggregated segments, concurrency has been satisfied. If not, concurrency has not been satisfied, and the only way for concurrency to be satisfied is for a traffic congestion mitigation plan (TCMP) to be accepted by the County Administrator. The TCMP, shall propose solutions to mitigate the impacts of the development on the links on which concurrency has not been satisfied. The TCMP shall demonstrate the operating conditions of the deficient links and/or aggregated segments with project traffic operate at the adopted level of service capacity.

b.

The concurrency test on those roads that have an interim level of service standard is the same as set forth in paragraph a., above, except that the adopted level of service capacity is governed by the volume threshold or expiration set forth in the adopted Long-term Concurrency Management Plan. Projects that generate traffic that impacts a road with an interim level of service standard shall be required to enter into a Proportionate Fair Share Agreement, as provided in the Comprehensive Growth Management Plan.

6.

An analysis of all intersections that are projected to operate below the adopted level of service standard. Such analysis will utilize the methodologies and techniques described in this section 5.64.C.

7.

The study network, as defined above, will be illustrated in both tabular and map formats, and clearly show the percentage of project traffic of the level of service capacity up to and including the link where the project traffic falls below the two percent threshold. The map or maps will illustrate the project location, existing and proposed traffic control devices, existing and proposed ingress and egress locations for the project, existing and proposed bicycle and pedestrian facilities, and existing and proposed public transportation services and facilities on the study network.

8.

A set of appendices documenting all data collected and used in the traffic impact statement study, including procedures, computer software printouts and other information relevant to the analysis.

The traffic impact analysis will be reviewed by the County Administrator pursuant to article 10 of the LDR. The County Administrator will either approve or disapprove the traffic impact analysis. If approved, transportation concurrency has been satisfied and a concurrency reservation may be issued subject to the requirements for adequate public facilities. Such concurrency reservation shall only apply to the total number of estimated trips generated for the timetable of development identified in section 5.32.D.4.

Developments of regional impact must follow traffic impact study procedures established in the Florida Statutes.

(Ord. No. 564, pt. I, § 5.12, 12-21-1999; Ord. No. 835, pt. 3, 11-17-2009)

Pursuant to F.S. § 163.3180, it is the intent of the Legislature to provide a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors through a Proportionate Fair-Share Program.

(Ord. No. 731, pt. 2, 12-5-2006)

5.71.A.

The Proportionate Fair-Share Program shall be available for any development which has received a negative evaluation of adequate public facility capacity for road facilities pursuant to section 5.32.D., Land Development Regulations, Martin County Code. A developer may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair-share mitigation if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the five-year Schedule of Capital Improvements which is included in the Capital Improvement Element of the Comprehensive Growth Management Plan or the long-term concurrency management system or if such contributions or payments to such facilities or segments are reflected in the five-year Schedule of Capital Improvements in the next regularly scheduled update of the Capital Improvement Element of the Comprehensive Growth Management Plan.

1.

For purposes of this section, the five-year Schedule of Capital Improvements is the first five years of Martin County's ten-year Capital Improvement Plan

2.

For purposes of this section, the long-term concurrency management system is described in section 5.4.A.2.e., Comprehensive Growth Management Plan, Martin County Code.

5.71.B.

Proportionate fair-share mitigation for development impacts to road facilities on the Strategic Intermodal System also requires the concurrence of the Department of Transportation.

5.71.C.

In the event the funds in the adopted five-year Schedule of Capital Improvements which is included in the Capital Improvement Element of the Comprehensive Growth Management Plan are insufficient to fully fund construction of a transportation improvement required by the County's concurrency management system, the Board of County Commissioners and a developer may still enter into a binding Proportionate Fair-Share Agreement authorizing the developer to construct 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 Board of County Commissioners significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year Schedule of Capital Improvements at the next annual Capital Improvement Element update.

(Ord. No. 731, pt. 2, 12-5-2006)

5.72.A.

The methodology used to calculate an applicant's proportionate fair-share mitigation obligation shall be the methodology established in F.S. § 163.3180(12), as set forth below:

The cumulative number of trips from the proposed development expected to reach roadways during the peak hour from the complete buildout of a stage or phase being approved, divided by the change in the peak hour maximum service volume 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. For purposes of this section "construction cost" includes all associated costs of the improvement.

This methodology is expressed by the following formula:

Proportionate Fair-Share = σ[[(Development Trips;sub\sub;)/(SV Increase;sub\sub;)] × Cost;sub\sub;]

(Note: In the context of the formula, the term "cumulative" does not include a previously approved stage or phase of development.)

Where:

5.72.B.

For the purposes of determining proportionate fair-share obligations, Martin County shall determine improvement costs based upon the actual costs of the transportation project under construction and/or anticipated cost of the transportation project in the year that construction would occur as determined by the County Engineer.

5.72.C.

If Martin County has accepted an improvement project proposed by a developer, then the value of the improvement shall be determined by the County Engineer or the County Engineer's staff designee.

5.72.D.

If Martin County has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the right-of-way shall be established by an appraisal. If the value of the right-of-way is over $500,000.00, two appraisals shall be required. Said appraisal(s) shall be at no cost to the County and performed by an MAI designated appraiser approved by Martin County. The appraisal shall assume no approved development plan for the site and the right-of-way shall be valued at fair market value. At no cost to the County, the applicant shall provide a title commitment and title policy acceptable to the County, three original surveys certified to Martin County and the title company and a Phase 1 Environmental Site Assessment acceptable to Martin County. If the estimated value of the right-of-way dedication proposed by the applicant is less than the applicant's proportionate fair-share mitigation obligation, the applicant shall pay the difference.

(Ord. No. 731, pt. 2, 12-5-2006)

5.73.A.

Proportionate fair-share mitigation shall be applied as a credit against the transportation impact fees imposed upon a development project 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 article 6, Impact Fees, LDR, MCC.

5.73.B.

Impact fee credits for a proportionate fair-share contribution shall be determined when the transportation impact fee obligation is calculated for the proposed development. If the applicant's proportionate fair-share obligation is less than the development's anticipated transportation impact fee for the specific stage or phase of development under review, then the applicant must pay the remaining impact fee amount.

5.73.C.

A proportionate fair-share contribution is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any transportation impact fee credit based upon proportionate fair-share contributions for a proposed development shall not be transferred to any other location.

5.73.D.

The amount of transportation impact fee (TIF) credit for a proportionate fair-share contribution shall not exceed the project's proportionate fair-share amount and will be determined based on the following formula:

TIF Credit = [Proportionate fair share impacted roadways' VMT × Production/Attraction Factor/Total Project VMT] × (Total Impact Fee Liability)

Where:

VMT (Vehicle miles of travel on a link) = (length of link) × (number of trips assigned to link)

Total Project VMT = Total vehicle miles of travel on all links impacted by the development

Production/Attraction Factor: adjusts for roundtrip

5.73.E.

A proportionate fair share impact fee credit shall be applied consistent with the following formula:

Applicant payment = [(Total project traffic impact fees assessed) + (Proportionate Share Payment)] - (TIF Credit)

(Ord. No. 731, pt. 2, 12-5-2006)

5.74.A.

The Proportionate Fair-Share Program shall be implemented through a Proportionate Fair-Share Agreement between the developer and Martin County.

5.74.B.

Should the applicant fail to comply with the timetable of development for the project which is the subject of the Proportionate Fair-Share Agreement, then the Agreement shall be considered null and void.

5.74.C.

Once a proportionate fair-share payment for a project is made, no refunds shall be given. All payments, however, shall run with the land.

5.74.D.

Payment of the proportionate fair-share contribution shall be made in full at the same time as payment for transportation impact fees, pursuant to the Martin County Land Development Regulations. If the payment is based upon the anticipated cost of an improvement, the Proportionate Fair-Share Agreement may require an additional payment if the actual cost of the improvement exceeds the anticipated cost of the improvement.

5.74.E.

All developer improvements accepted as proportionate fair-share contributions must be completed as established within the Proportionate Fair-Share Agreement and be accompanied by a security instrument that is sufficient to ensure the completion of all required improvements.

5.74.F.

Dedication of necessary right-of-way for facility improvements accepted as proportionate fair-share contributions must occur as established within the Proportionate Fair-Share Agreement.

5.74.G.

Any requested change to a development project subsequent to issuance of a development order shall be subject to additional proportionate fair-share contributions to the extent the change would increase project costs or generate additional traffic that would require mitigation.

5.74.H.

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 County will be nonrefundable.

5.74.I.

The County may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

5.74.J.

The terms of the Proportionate Fair-Share Agreement shall be incorporated into a Planned Unit Development Zoning Agreement adopted pursuant to article 3, division 5, Land Development Regulations, Martin County Code or a Development Agreement adopted pursuant to article 7, Land Development Regulations, Martin County Code.

(Ord. No. 731, pt. 2, 12-5-2006; Ord. No. 813, pt. 1, 12-9-2008)

5.75.A.

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the five-year Schedule of Capital Improvements, or as otherwise established in the terms of the Proportionate Fair-Share Agreement.

5.75.B.

In the event a scheduled facility improvement is removed from the five-year Schedule of Capital Improvements, then the revenues collected for its construction must be applied toward the construction of another improvement which the Board of County Commissioners determines will significantly benefit the impacted transportation system.

(Ord. No. 731, pt. 2, 12-5-2006)

The intent of school concurrency is to ensure that the public school facilities necessary to maintain the adopted level of service for schools are in place before or concurrent with the school impacts of new residential development.

(Ord. No. 813, pt. 1, 12-9-2008)

5.81.A.

A public school impact statement shall be completed by the applicant as part of the development application for the following:

(a)

Amendments to the Comprehensive Plan future land use map;

(b)

Residential rezonings;

(c)

Developments of regional impact;

(d)

Master site plan applications which include residential units;

(e)

Final site plan applications which include residential units.

The public school impact statement form shall be provided to the School District staff pursuant to the development review procedures of the County.

(Ord. No. 813, pt. 1, 12-9-2008)

5.82.A.

Within 30 days after the School District staff receives a completed public school impact form for amendments to the Comprehensive Plan future land use map, rezonings, developments of regional impact, and master site plans which include residential units, the School District staff shall provide the County with a general capacity analysis which indicates the generalized capacity for all applicable school facilities. This analysis shall be used in the evaluation of the development proposals pursuant to section 5.32.C., but shall not provide a guarantee of availability of services or facilities.

(Ord. No. 813, pt. 1, 12-9-2008)

5.83.A.

Upon receipt of a completed public school impact form for final site plans which include residential units, the School District staff shall provide the County with a School Concurrency Review Report that states whether adequate school capacity exists for a proposed development as follows. The School Concurrency Review Report shall be based on the level of service standards as set forth in section 17.7.A.1.a., Comprehensive Growth Management Plan, Martin County Code.

1.

Calculate the aggregate permanent capacity and temporary capacity for each type of school facility within the CSA within which the project is proposed to be located, and the CSAs which are adjacent thereto. For purposes of this calculation, permanent and temporary capacities shall include the capacities of both existing school facilities, as well as those which are planned to be operational by no later than the conclusion of the third year of the School Board's Five-Year Capital Improvement Plan. For purposes of this calculation, CSAs which are separated by rivers or other bodies of water shall only be deemed "adjacent" if connected by a publicly owned bridge accommodating vehicular traffic.

2.

Calculate available school capacity, by type of school and relevant CSA, by subtracting from the sums determined above:

a.

Current student enrollment (determined by the District's October count) for each type of school facility within the CSA within which the project is proposed to be located, and the CSAs which are adjacent thereto;

b.

Reserved capacity for student enrollment projected to be developed within three years from projects previously determined to have met school concurrency, and having met the requirements for a reservation of capacity for each type of school facility within the CSA, within which the project is proposed to be located, and the CSAs which are adjacent thereto;

c.

The demand on school facilities created by the proposed development shall be projected at the County-wide student generation rates specified in the School District's latest educational impact fee report, as the same may be amended from time to time upon request of the School Board; provided that projects granted educational impact fee waivers pursuant to County ordinance shall be deemed to generate no students.

(Ord. No. 813, pt. 1, 12-9-2008)

5.84.A.

The County shall approve final site plans, which include residential units, only after the receipt of a School Concurrency Review Report from the School District staff determining that adequate school capacity exists for the proposed development pursuant to the requirements of the Comprehensive Plan.

(Ord. No. 813, pt. 1, 12-9-2008)

In the event that the School Board reports that mitigation may be accepted in order to offset the impacts of a proposed development, where the level of service standards otherwise would be exceeded, the following procedure shall be used.

5.85.A.

The applicant shall initiate in writing a mitigation negotiation period with the School Board in order to establish an acceptable form of mitigation, pursuant to F.S. § 163.3180(c), the school concurrency ordinances of the County and the Interlocal Agreement for School Facilities Planning and Siting.

5.85.B.

Acceptable forms of mitigation may include:

1.

The donation of funding for the construction and/or acquisition of school facilities sufficient to offset the demand for public school facilities to be created by the proposed development;

2.

The creation of mitigation banking based on the funding of the construction of a public school facility in exchange for the right to sell excess capacity credits;

3.

Charter schools may also be accepted by the School Board as mitigation under the provisions of this agreement provided they meet the following operational and design standards:

a.

The school has a charter approved by the School Board.

b.

The charter school's facilities to be accepted as mitigation shall be built according to the SREF standards set forth in Florida Administrative Code.

c.

The charter school's facilities to be accepted as mitigation adhere to the building policies and practices of the School Board, including but not limited to architecture, building materials, and structural hardening.

d.

The core facilities for all charter schools, including but not limited to cafeteria, media center, administrative offices, and land area available for recreational uses, parking areas, and stormwater retention, shall be sized to accommodate the standard educational facility sizes established by policy of the School Board as follows:

Elementary School: 750 student stations.

Middle School: 1,200 student stations.

High School: 1,800 student stations.

e.

All charter schools shall be located along publicly owned roadways and accessible to any member of the general public.

4.

Other mitigation as permitted by state law, including the donation of land and payment for land acquisition.

5.

Any mitigation funds provided as a result of the school concurrency system shall be directed by the School Board toward a school capacity improvement identified in a financially feasible five-year district work plan and which satisfies the demands created by that development in accordance with a binding developer's agreement.

5.85.C.

The following standards apply to any mitigation accepted by the School Board:

1.

Proposed mitigation must be directed toward a permanent school capacity improvement which satisfies the demands created by the proposed development.

2.

Relocatable classrooms will not be accepted as mitigation.

5.85.D.

In accordance with F.S. § 163.3180(13)(e), the applicant's total proportionate-share mitigation obligation to resolve a capacity deficiency shall be based on the following formula, for each school level: multiply the number of new student stations required to serve the new development by the average cost per student station. The average cost per student station shall include both school site and central facility costs, and be as reported in the School District's latest educational impact fee report, as the same may be amended from time to time upon request of the School Board; except that if the latest educational impact fee report is more than 12 months old then the reported average cost per student shall be increased or decreased annually in the same proportion as any annual percentage increases or decreases in the state-wide cost for new student station established pursuant to F.S. § 1013.64. Pursuant to F.S. § 163.3180(13)(e)(2), the applicant's proportionate-share mitigation obligation will be credited toward any other impact fee or exaction imposed by article 2, division 6, Land Development Regulations.

5.85.E.

If the applicant and the School Board are able to agree to an acceptable form of mitigation, a legally binding mitigation agreement shall be executed, which sets forth the terms of the mitigation, including such issues as the amount, nature, and timing of donations, construction, or funding to be provided by the developer, and any other matters necessary to effectuate mitigation in accordance with the provisions of section 5.85. The mitigation agreement shall specify the amount and timing of any impact fee credits or reimbursements that will be provided by the County as required by State law.

5.85.F.

If the applicant and the School Board are unable to agree to an acceptable form of mitigation, the School Board will report an impasse to the County in writing and the School District staff will not issue a school concurrency review report confirming that the project is in compliance with the terms of the school concurrency ordinance.

(Ord. No. 813, pt. 1, 12-9-2008)