(a)

Title. This article shall be known as "the City of Miami Gardens Concurrency Management Ordinance."

(b)

Authority. The city council has the authority to adopt this article pursuant to the Charter of the city, F.S. §§ 166.01 et seq., 163.3161(8), 163.3177(10)(h), 163.3180, 163.3202(2)(g) and F.A.C. 9J-5.

(Ord. No. 2010-10-218, § 2(3-10), 4-7-2010)

(a)

It is the intent of this article to ensure that:

(1)

The impact of any proposed project is consistent with the adopted level of service standards and its schedule of capital improvements contained in the comprehensive development master plan; and

(2)

A regulatory program that ensures that public facilities are made available at the prescribed levels of service concurrent with the impact of development on those facilities.

(b)

The city shall establish an orderly procedure to ensure the potential impact of any development permit proposal upon the following public facilities:

(1)

Sanitary sewer;

(2)

Solid waste;

(3)

Drainage;

(4)

Potable water;

(5)

Parks and recreation;

(6)

Schools; and

(7)

Transportation facilities.

No final development permit shall be issued unless adequate facilities are available as determined by the concurrency evaluation.

(Ord. No. 2010-10-218, § 2(3-20), 4-7-2010)

Any person may file an application for a concurrency inquiry statement to request a concurrency determination at any time subject to the payment of an appropriate fee. A concurrency determination is simply a quick determination by city staff as to whether capacity for a particular project appears to exist and information on availability of public facilities for a parcel of land. It reserves no capacity and is in no way binding upon the city.

(Ord. No. 2010-10-218, § 2(3-30), 4-7-2010)

Unless exempt under the provisions of this article hereof:

(1)

No development order shall be granted unless the applicant for development approval is the holder of a valid preliminary concurrency determination;

(2)

No building permit shall be granted unless the applicant is the holder of a final concurrency reservation certificate; and

(3)

No final concurrency reservation certificate shall be granted unless the applicant is the holder of a final development order and has paid applicable mitigation fees in accordance with this chapter.

(Ord. No. 2010-10-218, § 2(3-40), 4-7-2010)

(a)

General. It is the policy of the city that no final development orders shall be issued unless adequate public facilities are available to serve the project which is the subject of the final development order. In order to ensure that adequate public facilities are available concurrent with the impacts of development on each public facility, the procedures of this section shall govern the issuance of development orders.

(b)

Exemptions from concurrency. The following types of development shall be exempt from the requirements of this article, but only to the extent stated in an applicable certificate of exemption:

(1)

Any development undertaken by the city that does not require a rezoning, does not increase in intensity, does not have an associated change of use or that increases the city's ability to provide essential services and facilities related to health and safety concerns (fire, police, etc.).

(2)

An application requesting modifications of a previously approved development order where the concurrency review has determined that the impacts on the prescribed levels of service imposed by the requested modifications will be no greater than the impacts imposed by the previously approved development order or the previously existing use.

(3)

An application for the renovation of a historic structure, provided that the use of the historic structure is not intensified.

(4)

An application to develop a parcel of land for single-family unit if no change in the zoning map is required to accommodate the development.

(5)

An application for addition, renovation or reconstruction of a residential dwelling that does not increase the number of dwelling units existing or approved for the property or an existing nonresidential structure when the type of use is unchanged and no additional square footage is added.

(6)

An application for the construction of, an addition to or renovation of a guest house, garage apartment or other similar accessory units on parcels zoned to permit such uses which do not create additional impacts on public facilities.

(7)

An application for a development order for property, which is subject to a valid development order approved as a development of regional impact prior to February 26, 2003, pursuant to F.S. ch. 380.

(8)

A single-family residential unit or a duplex, to be constructed on a legal platted lot of record existing prior to February 26, 2003.

(9)

A valid, unexpired final development order approved prior to the adoption of this chapter.

(c)

Issuance of certificate of exemption. Upon application by an owner of a project which is exempt pursuant to the terms of this section, the planning and zoning department shall issue a certificate of exemption, using the procedures described in this section.

(d)

Mandatory certification of final development orders. All applicants for final development orders shall submit with such application and applicable concurrency review fee, or either a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation.

(e)

Preliminary development orders ineligible for certification.

(1)

Generally. Preliminary development orders do not directly authorize development to commence or are so conceptual that they do not allow an accurate assessment of a project's impact on public facilities. Preliminary development orders require subsequent final development orders which are subject to concurrency review. Therefore, preliminary development orders are not required to be reviewed for concurrency and may not apply for or receive a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation. A concurrency determination may be requested in conjunction with preliminary development orders as described in this section.

(2)

Requirements for preliminary development orders. The following requirements are imposed on preliminary development orders:

a.

All applicants for preliminary development orders must submit with the application for the preliminary development order a signed affidavit acknowledging the eventual requirement for a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation.

b.

Staff shall include as part of all preliminary development orders a condition that the issuance of any subsequent final development order is contingent upon the applicant obtaining a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation.

(f)

Succession. If a final development order requires subsequent development orders, e.g., site plan approval followed by one or more building permits, the original certificate of concurrency reservation or the original conditional certificate of concurrency reservation shall serve all such subsequent development orders, provided that there has been no expiration of the original development order.

(g)

Optional review of projects. Any person may request a concurrency determination at any time subject to the payment of an appropriate fee. A concurrency determination is simply a quick determination by city staff as to whether capacity for a particular project appears to exist. It reserves no capacity and is in no way binding upon the city.

(Ord. No. 2010-10-218, § 2(3-50), 4-7-2010; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014)

(a)

Rules of general applicability.

(1)

Concurrency inquiry statement. Any person may file an application for a concurrency inquiry statement to request a concurrency determination at any time subject to the payment of an appropriate fee. A concurrency determination is simply a determination by city staff as to whether capacity for a particular project appears to exist and information on availability of public facilities for a parcel of land. It reserves no capacity and is in no way binding upon the city.

(2)

Assignability and transferability. A certificate of concurrency exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation shall run with the land, but shall not be assignable to any other project.

(3)

Expiration and effect. A certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation is initially valid for one year during which time an application for a final development order must be applied for as to the project for which the certificate was approved. If a final development order is approved for a project for which a certificate of exemption, a certificate of concurrency reservation, or a certificate of concurrency reservation was issued, the applicable certificate is valid for the life of the final development order for which such certificate is approved.

(b)

Procedures for concurrency determination.

(1)

Submission of application. An application for a concurrency determination, a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation shall be submitted to the planning and zoning department, on such form as is promulgated by the department. The planning department shall charge a reasonable fee to cover the processing of the application. The application shall consist of such information as required by the planning and zoning department.

(2)

Determination of completeness and review. After receipt of an application, the planning and zoning department shall determine whether it is complete within 14 days after its submission. If it is determined that the application is not complete, written notice shall be forwarded to the applicant specifying the deficiencies. The planning and zoning department shall take no further action on the application unless the deficiencies are remedied.

(3)

Limitation of approvals. A concurrency determination, a certificate of exemption, a certificate of concurrency reservation and a conditional certificate of concurrency reservation shall apply only to the specific land uses, densities, and intensities based on information provided in the application, and where applicable, the final development order. All applicants, to the extent required by the planning and zoning department, shall submit such applications for entire projects, rather than portions of projects. An applicant may not reserve more capacity than that reasonably required for a project which the applicant desires in good faith to proceed with promptly.

(4)

Issuance of certification. Within 45 days after receipt of a complete application, the planning and zoning department shall either conclude that the application is approved or denied. If denied, the denial shall be in writing and shall include the reasons for denial. If a certificate of concurrency reservation is approved, the approval shall require the payment of a fee for reserving capacity, which fee must be paid within ten days of the issuance of such certificate, or the certificate shall be canceled. If a conditional certificate of concurrency reservation is approved, the approval shall require the payment of a fee for reserving capacity, which fee must be paid within ten days of the city council's approval of the development agreement submitted with the application for such certificate, or the certificate shall be canceled. In either case, the final development order for which a certificate is obtained shall not be issued until the capacity reservation fee is paid. Public facility capacity shall be granted on a first-come, first-serve basis, determined as of the date and time a certificate of concurrency reservation or a conditional certificate of concurrency reservation is issued.

(5)

Concurrency appeals. An applicant may appeal any final decision issued pursuant to this article. Appeals shall be handled in accordance with section 34-46.

(Ord. No. 2010-10-218, § 2(3-60), 4-7-2010)

The following standards of review shall be utilized to determine whether the LOS standards have been met:

(1)

Potable water, sewer, solid waste and drainage. For potable water, sewer, solid waste and drainage, the following standards must be met, at a minimum, to satisfy the concurrency requirement:

a.

The necessary facilities and services are in place at the time a final development order is issued;

b.

A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;

c.

The necessary facilities are under construction and bonded for completion at the time a final development order is issued; or

d.

The necessary facilities and services are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (1)a—c of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city.

(2)

Parks and recreation. For parks and recreation, the following standards must be met, at a minimum, to satisfy the concurrency requirement:

a.

The necessary facilities and services are in place at the time a final development order is issued;

b.

A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;

c.

The necessary facilities are under construction and bonded for completion at the time a permit is issued;

d.

The necessary facilities and services are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (2)a—c of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city;

e.

At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed contract bonded for completion which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the final development order; or

f.

The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable development agreement, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city.

(3)

Roads. For roads, the following standards must be met, at a minimum, to satisfy the concurrency requirement:

a.

The project must comply with all requirements of the city, county, regional and state agencies; and

b.

Roads shall comply with the LOS standards, and meet the following at a minimum to comply with concurrency requirement:

1.

The necessary facilities are in place at the time a final development order is issued;

2.

A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;

3.

The necessary facilities are under construction and bonded for completion at the time a final development order is issued;

4.

The necessary facilities are guaranteed in an enforceable development agreement to be available within the time frames listed in subsection (3)b.1—3 of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city;

5.

At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the final development order;

6.

The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable final development order, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city; or

7.

The necessary facilities are included within the first three years of the applicable, adopted state department of transportation five-year work program, or are scheduled to commence within the first three years of the five-year schedule of capital improvements included within the capital improvements element of the comprehensive development master plan.

(Ord. No. 2010-10-218, § 2(3-70), 4-7-2010)

(a)

Purpose and intent. The purpose of this is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate fair-share program, as required by and in a manner consistent with F.S. § 163.3180(16).

(b)

Applicability. The proportionate fair-share Program shall apply to all developments that fail to meet the standards of this section on a thoroughfare road within the city that is not the responsibility of the county or the Florida Department of Transportation (FDOT). The proportionate fair-share program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12), or to projects exempted from this section.

(c)

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

(1)

The proposed development is consistent with the comprehensive plan and applicable land development regulations.

(2)

The road improvement necessary to maintain the adopted LOS is specifically identified for construction in the five-year schedule of capital improvements in the capital improvements element of the comprehensive plan.

(3)

Any improvement project proposed to meet the developer's fair-share obligation shall meet any applicable city design standards for locally maintained roadways.

(d)

Intergovernmental coordination. Pursuant to policies in the intergovernmental coordination element of the comprehensive plan, the city shall coordinate with the county and other affected jurisdictions such as FDOT, regarding mitigation to non-city thoroughfare roads impacted by developments located within the city and who are applying for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

(e)

Application process.

(1)

In the event of a lack of capacity to satisfy transportation concurrency, the applicant shall have the opportunity to satisfy transportation concurrency through the proportionate fair-share program pursuant to the requirements of subsection (c) of this section.

(2)

Prior to the submittal of an application, eligible applicants shall schedule a pre-application meeting with the city's planning and zoning department. Subsequent to the pre-application meeting, eligible applicants shall submit a completed development application and all documentation requested by the city. The city shall establish applicable application fees for the cost of reviewing the application. If the impacted facility is on the strategic intermodal system (SIS), then FDOT will be notified and invited to participate in the pre-application meeting. The city shall also have the option of notifying and inviting the county and any other affected local government.

(3)

The planning and zoning department shall review the application and certify that the application is sufficient and complete within ten working days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program, then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the city.

(4)

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

(5)

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient, complete, and eligible application. If the agreement is not received by the city within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the city.

(6)

No proportionate fair-share agreement will be effective until approved by the planning and zoning administrative official through an administrative approval.

(f)

Determining proportionate fair-share obligation.

(1)

Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

(2)

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

(3)

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

The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build-out of a stage or phase being approved, divided by the change in the peak hour maximum Service Volume (SV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS; or

Proportionate fair-share = Σ >[[(Development Tripsi )÷(SV Increasei )] × Costi ] where:

Development Tripsi = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per TPS;

SV Increasei = Service volume increase provided by the eligible improvement to roadway segment "i" per c. General Requirements;

Costi = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred.

(4)

For the purposes of determining proportionate fair-share obligations, the city traffic engineer or designee shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur.

(5)

If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and reviewed by the city traffic engineer or designee or other method approved by the city traffic engineer or designee.

(6)

If the city has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the right-of-way shall be valued on the date of the dedication at 115 percent of the most recent assessed value by the property appraiser, or at the option of the applicant and in-lieu of the 115 percent of assessed value option, by fair market value established by an independent appraisal approved by the city at the expense of the applicant. This appraisal shall assume no approved development plan for the site. All right-of-way dedicated shall be part of a roadway segment that triggered the deficiency, and shall not be site-related. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the city at the applicant's expense. If the estimated value of the right-of-way dedication proposed by the applicant is less than the city estimated total proportionate fair share obligation for that development, then the applicant shall also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations. The city shall also have the option of requiring an environmental assessment for right-of-way dedication.

(g)

Proportionate fair-share agreements.

(1)

Upon execution of a proportionate fair-share agreement ("agreement"), the applicant shall receive a certificate of concurrency approval. Should the applicant fail to apply for a development permit within 12 months, then the agreement shall be considered null and void, and the applicant shall be required to reapply.

(2)

Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be nonrefundable. If the payment is submitted more than 90 days from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to subsection (f) of this section and adjusted accordingly.

(3)

In the event an agreement requires the applicant to build or pay 100 percent of one or more road improvements, all such improvements shall be commenced prior to issuance of a building permit and assured by a binding agreement that is accompanied by a performance security, as determined by the city, which is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before issuance of certificates of occupancy.

(4)

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit but shall not include a building permit issued for a dry model.

(5)

Any requested change to a development subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

(6)

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

(7)

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

(h)

Appropriation of fair-share revenues.

(1)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP), or any other matching requirement for state and federal grant programs as may be allowed by law.

(2)

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

(3)

In determining the availability of public facilities, an applicant may propose and the city may approve proposed projects in stages or phases so that public facilities needed for each phase shall be available in accordance with the standards set forth in this section.

(i)

Impact fee credit for proportionate fair-share mitigation.

(1)

Proportionate fair-share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the city's impact fee regulations.

(2)

Impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced per the proportionate fair-share agreement as they become due per the city's impact fee regulations. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the city pursuant to the requirements of the impact fee regulations.

(3)

Major projects not included within the impact fee regulations and which can demonstrate a significant benefit to the impacted transportation system may be eligible at the city's discretion for impact fee credits.

(4)

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location unless provided for within the impact fee provisions as set forth in the city's impact fee regulations.

(Ord. No. 2010-10-218, § 2(3-80), 4-7-2010)

(a)

Applicability. The proportionate fair-share program shall apply to all developments within the city that have been notified of a lack of capacity to satisfy transportation concurrency on one or more transportation facilities according to the concurrency management program, including transportation facilities maintained by the Florida Department of Transportation (FDOT) or another jurisdiction that are relied upon for concurrency determinations, pursuant to the general requirements. The proportionate fair-share program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. §163.3180(12) or to developments exempted from concurrency.

(b)

General requirements.

(1)

An applicant whose project meets the applicability threshold may choose to satisfy transportation concurrency requirements by making a proportionate fair-share contribution, pursuant to the following requirements:

a.

The proposed development is consistent with the city comprehensive plan and applicable land development regulations; and

b.

The five-year schedule of capital improvements provided in the city capital improvements element (CIE) includes one or more transportation improvements that, upon completion, will satisfy the requirements of the city concurrency management program. The provisions of subsection (b)(2) of this section may apply if a project or projects needed to satisfy concurrency are not presently contained within the capital improvements element.

(2)

The city may choose to allow an applicant to satisfy transportation concurrency for a deficient segment or segments, through the proportionate fair-share program, by the developer contributing to an improvement that, upon completion, will create additional capacity on the deficient segment or segments sufficient to accommodate the additional traffic generated by the applicant's proposed development even if the improvement project for the deficient segment or segments is not contained in the five-year schedule of capital improvements in the CIE where:

a.

The city council holds an advertised public hearing to consider the proportionate share agreement and corresponding future changes to the five-year CIE; and

b.

The city council approves a proportionate fair-share agreement, by resolution, directing the administration to file a city-initiated amendment adding the improvement to the five-year schedule of capital improvements in the CIE, no later than the next regularly scheduled update or revision of the CIE. To qualify for consideration under this section, the proposed improvement must be reviewed by the city council, and determined to be financially feasible, consistent with the city comprehensive plan, and in compliance with the provisions of this division.

(3)

Any improvement project proposed to meet a developer's fair-share obligation must meet city design standards for locally maintained roadways, and the state design standards for the state highway system.

(4)

Application process.

a.

Upon the notification of a lack of capacity to satisfy transportation concurrency, an applicant may choose to satisfy transportation concurrency through the proportionate fair-share program pursuant to the general requirements provided herein.

b.

Prior to submitting an application for a proportionate fair-share agreement, the applicant shall attend a pre-application meeting with the department of public works and the planning and zoning department to discuss eligibility, application submittal requirements, potential mitigation options and related issues. If the impacted facility is on the strategic intermodal system (SIS), then FDOT will be notified and invited to participate in the pre-application meeting.

c.

Eligible applicants shall submit an application to the planning and zoning department that includes an application fee, as established by resolution or administrative order, and the following:

1.

Name, address, and phone number of owner, developer and agent;

2.

Property location, including parcel identification numbers;

3.

Legal description and survey of property;

4.

Project description, including type, intensity, and amount of development;

5.

Phasing schedule, if applicable;

6.

Description of requested proportionate fair-share mitigation method;

7.

Copy of concurrency application; and

8.

Location map depicting the site and affected road network.

d.

Within ten business days, the department of public works and planning and zoning department shall review the application and certify that the application is sufficient and complete. If an application is determined to be insufficient, incomplete, or inconsistent with the general requirements of the proportionate fair-share program, then the applicant shall be notified in writing of the reasons for such deficiencies within ten business days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application shall be deemed abandoned.

e.

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of FDOT. If a SIS facility is proposed for proportionate share mitigation, the applicant shall submit evidence of an agreement between the applicant and FDOT for inclusion in the proportionate fair-share agreement.

f.

Once an application is deemed sufficient, complete, and eligible, a proposed proportionate fair-share obligation and binding agreement will be prepared by the applicant with city assistance and delivered to the department of public works and planning and zoning department for review, including a copy to FDOT for any proposed proportionate fair-share mitigation on SIS facilities, no later than 60 days from the date at which the application was determined to be sufficient and no fewer than 14 days prior to the city council meeting when the agreement will be considered.

g.

The planning and zoning department shall notify the applicant of the date, time, and location of city council meeting at which the agreement will be considered for final action. No proportionate fair-share agreement will be effective until approved by the city, by resolution.

h.

Determination of proportionate fair-share obligation.

i.

Proportionate fair-share mitigation for concurrency impacts may include, separately or collectively, private funds, contributions of land, and construction and contribution of facilities as provided for in F.S. § 163.3180(16)(c).

j.

A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ based on the form of mitigation as provided for in F.S. § 163.3180(16)(c).

k.

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

1.

The amount of the proportionate-share contribution shall be calculated based upon the cumulative number of trips from the proposed development expected to reach roadways during the peak hour from the complete build-out 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. This methodology is expressed by the following formula:

Proportionate Fair Share = [[(Development Tripsi ) ;div; (SV Increasei )] X Costi ]

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

Where:

Sum of all deficient links proposed for proportionate fair-share mitigation for a project.

Development Tripsi = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the concurrency management system;

SV Increasei = Service volume increase provided by the eligible improvement to roadway segment "i";

Costi = Adjusted cost of the improvement to segment "i". Cost shall consist of all improvements and associated costs, including design, right-of-way acquisition, planning, engineering, inspection, and physical development costs, directly associated with construction at the anticipated cost in the year that construction will occur.

l.

For purposes of determining proportionate fair-share obligations, the city shall determine improvement costs based upon the actual and/or anticipated costs of the improvement in the year that construction will occur.

m.

If the city accepts an improvement project proposed by the applicant, then the value of the improvement shall be based on department of public works cost estimate approved by the Director of Public Works of streets, or other method approved by the city council.

n.

If the city accepts a right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at 120 percent of the most recent assessed value by the county property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the city at no expense to the city. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the city at no expense to the city. If the estimated value of the right-of-way dedication proposed by the applicant, based on a city-approved appraisal, is less than the city estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to the purchase of acquisitions of any real estate intended to be used for proportionate fair-share, public or private partners should contact FDOT for essential information about compliance with federal law and regulations.

o.

Impact fee credit for proportionate fair-share mitigation.

1.

Where mitigation is occurring on county roads, proportionate fair-share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the county's impact fee ordinance.

2.

Impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced according to the proportionate fair-share agreement as they become due pursuant to the county's impact fee ordinance. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the county pursuant to the requirements of the county impact fee ordinance.

3.

Major projects not included within the county's impact fee ordinance or created herein that can demonstrate a significant benefit to the impacted transportation system may be eligible, at the county's discretion, for impact fee credits.

4.

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location unless provided for within the county's impact fee ordinance.

p.

Proportionate fair-share agreements.

1.

The city has the authority by resolution to enter into a proportionate fair-share agreement.

2.

Upon executing a proportionate fair-share agreement, in a form acceptable by the city, and satisfying other concurrency requirements, an applicant shall receive concurrency approval. Should the applicant fail to apply for a development order within 90 days of receiving concurrency approval by the city, the project's concurrency vesting shall expire, and the applicant shall be required to re-apply.

3.

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final plat or building permit whichever occurs first. If the payment is submitted more than six months from the date of execution of the proportionate fair-share agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment. Once a proportionate share payment for a project is made and other impact fees for the project are paid, no refunds shall be given unless otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements.

4.

All developer improvements authorized under the fair-share program must be completed as established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements.

5.

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat.

6.

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.

7.

Applicants should submit a letter to withdraw from a proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the city are nonrefundable.

8.

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

q.

Appropriation of fair-share revenues.

1.

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the city CIE, or as otherwise established in the terms of the proportionate fair-share agreement. At the city's discretion, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP).

2.

In the event a scheduled facility improvement is removed from the CIE, then the proportionate fair share revenues collected for its construction may be applied toward the construction of alternative improvements within that same corridor or sector where the alternative improvement will mitigate the impacts of the development project on the congested roadway or roadways for which the original proportionate fair share contribution was made.

r.

Proportionate fair-share program for TCMAs. Within transportation concurrency management areas (TCMAs) designated by the city, the city hereby establishes a proportionate fair-share assessment, based on the expected costs and transportation benefits of all the programmed improvements in the area, and based on the expected trip generation of the proposed development.

(Ord. No. 2010-10-218, § 2(3-90), 4-7-2010)

A determination of concurrency shall be based on the levels of service established in the capital improvements element of the comprehensive development master plan of the city, at the time, the proposed development is projected to generate a demand for services. A determination of concurrency shall be conducted in accordance with the methodology described in the city's concurrency management system manual and shall be based on the capacity of available public facilities less applicable capacity credits within the applicable transportation concurrency management area (TCMA) and traffic analysis zones (TAZ).

(1)

The following level of service standards shall be used to determine whether concurrency exists:

a.

Roads. If an application for a concurrency determination, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation includes a project which is subject to county, regional or state jurisdiction, the applicant must submit with such application written documentation from the said agency engineering department evidencing that the project shall be in full compliance with the requirements of that jurisdiction, and, if an application is for other than a concurrency determination, such compliance shall exist for the entire life of the requested certificate and all possible development orders flowing there from. Except as provided below, those roads within the city as identified in the comprehensive development master plan, shall operate at the adopted level of service as defined in the transportation level of service table. The city has established four transportation concurrency management areas. Each TCMA shall maintain an area wide level of service. Maintenance of LOS shall be the basis for the issuance of development orders and permits within each TCMA. The comprehensive development master plan states that the city will comply with all concurrency management requirements and the following minimum LOS standards:

Applicants shall be required to submit traffic studies and circulation plans including ingress and egress from and to adjacent roadways for automobiles, trucks and delivery vehicles, pedestrian, mass transit, and bicycles. Traffic circulation plans shall be reviewed and approved by the city. Non-de minimus developments shall be required to perform traffic studies to estimate their compliance with the LOS standards. If these studies estimate that a developments traffic impact does not meet the LOS standards, the city shall require enforceable development agreements that commit the developer to make certain improvements to meet those standards. During this interim period, developments that cannot meet the above standards shall not be approved. Through this procedure, the level of service standard adopted in the comprehensive development master plan shall be maintained on city roads for both small and large projects.

b.

Sanitary sewer. Sanitary Sewer facilities shall meet the following level of service standards as adopted by the city's two main service providers, namely the Miami-Dade Water and Sewer Department (WASD) and the City of North Miami Beach:

The adopted LOS standard shall be used as the basis for determining the availability of facility capacity and the demand generated by a development within the city for purposes of issuing development orders or building permits.

c.

Solid waste. The solid waste facilities serving the city shall operate at the following LOS standards:

d.

Drainage. Drainage facilities shall operate at the following LOS standards:

e.

Potable water. Potable water facilities shall operate at the following LOS standards:

f.

Parks and recreation. Parks and recreation facilities shall operate at the following LOS standards:

g.

Public schools. Public schools shall operate at the following LOS standards:

All non-exempt new residential units shall be reviewed for public school concurrency at the time of final plat or site plan (or functional equivalent) and shall be subject to the public school concurrency requirements as set forth in this article, and the amended and restated interlocal agreement as amended from time to time. The burden shall be on the applicant to ensure compliance with this section, and the applicant shall provide the necessary documentation demonstrating satisfaction of these requirements.

(Ord. No. 2010-10-218, § 2(3-100), 4-7-2010)

(a)

Public school concurrency shall be administered in accordance to the Amended and Restated Interlocal Agreement (ILA), section 9, 9.2(e).

(b)

The county or any city may choose to request from the school board's staff and provide an informational assessment of public school concurrency at the time of preliminary plat or subdivision, but the test of concurrency shall be at final subdivision, site plan (or functional equivalent). The assessment of available capacity by the school board shall consider maximization of capacity and shifting of impacts as further detailed above. The county and cities shall not deny a final subdivision or site plan (or functional equivalent) for the failure to achieve and maintain the adopted level of service standard for public school capacity where:

(1)

Adequate school facilities will be in place or under actual construction within three years after the issuance of the final subdivision or site plan (or functional equivalent); or

(2)

The developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by the actual development of the property subject to the final plat or site plan (or functional equivalent) as provided in accordance to this article.

(c)

However, this amended and restated agreement shall not be construed to limit the authority of any city or the county to deny the final plat or site plan (or functional equivalent) for reasons other than failure to achieve and maintain the adopted level of service standard for public school capacity.

(d)

Upon final action by the city or county regarding the application for final plat, site plan or functional equivalent, the city or county shall send written notice to the school board indicating that the application was granted final approval or denied. If the application received final approval, the school concurrency approval for the development and anticipated students shall be valid for up to two years, beginning from the date the application received final approval from the city or county, except as may be provided by federal law and as further specified in the applicable concurrency management system regulations, unless otherwise released by the appropriate governing body in which case, within ten business days of the release, the appropriate governing body shall notify the school board of such and request the capacity reservation be cancelled. An extension of the reservation period may be granted when the applicant demonstrates that development has commenced on a timely basis and is continuing in good faith, provided that the total reservation period does not exceed six years, as further specified in the applicable concurrency management system regulations. If the application was denied, the school board's staff shall deduct from its database the students associated with the application.

(Ord. No. 2010-10-218, § 2(3-110), 4-7-2010)

(a)

Amended and restated interlocal agreement, section 9, 9.2(f). Proportionate share mitigation. The school board shall establish within the district facilities work program the following standards for the application of proportionate share mitigation:

(1)

Student generation multipliers for single-family, multifamily and mobile home housing types for elementary, middle and high schools. Student generation multipliers shall be based upon the best available district-specific data and derived by a professionally acceptable methodology acceptable to the school board;

(2)

Cost per student station estimates for elementary, middle and high schools. Such estimates shall include all cost of providing instructional and core capacity including, without limitation, land, design, buildings, equipment and furniture, and site improvements. The cost of ancillary facilities that generally support the school board and the capital costs associated with the transportation of students shall not be included in the cost per student station estimate used for proportionate share mitigation;

(3)

The capacity of each school; and

(4)

The current and reserved enrollment of each school.

(b)

The above factors shall be reviewed annually and certified for application for proportionate share mitigation purposes during the period that the district facilities work program is in effect. In the event that there is not sufficient capacity in the affected or contiguous concurrency service area to address the impacts of a proposed development, the following steps shall apply: the project must provide capacity enhancement sufficient to meet its impacts through proportionate share mitigation; a condition of approval of the site plan or final plat (or functional equivalent) shall be that the project's impacts shall be phased and building permits shall be delayed to a date when capacity enhancement and level of service can be assured; or the project must not be approved. The school board and the affected local government shall coordinate on the possibility of mitigation. Options for providing proportionate share mitigation for any approval of additional residential dwelling units that triggers a failure to meet the level of service standard for public school capacity will be specified in the county's and cities' public school facilities elements. Options shall include the following:

(1)

Money. Contribute full capital cost of a planned project, or project proposed to be added to the first three years of the district facilities work program, in the affected concurrency service areas, providing sufficient capacity to absorb the excess impacts of the development, on land owned by the school board or donated by another development.

(2)

Land. Donate land to and/or capital dollars equal to the cost of impact to the school board needed for construction of a planned project, or project proposed to be added to the first three years of the district facilities work program in the affected concurrency service areas, and the school board or some other entity funds the construction of or constructs the project.

(3)

Construction. Build a planned project, or project proposed to be added to the first three years of the district facilities work program, on land owned by the school board or donated by another development, with sufficient capacity to absorb the excess impact of the development in the affected concurrency service area. (Usually, projects are more than one classroom.)

(4)

Mix and match. Combine two or more of these options to provide sufficient capacity to mitigate the estimated impact of the residential development on the affected concurrency service areas.

(5)

Mitigation banking. Mitigation banking within designated areas based on the construction of a public school facility in exchange for the right to sell capacity credits. Capacity credits shall only be transferred to developments within the same concurrency service area or a contiguous concurrency service area. Mitigation banking shall be administered by the school board in accordance with the requirements of the concurrency mitigation system. Proportionate-share mitigation must be acceptable to the school board. Mitigation shall be directed to projects in the first three years of the district facilities work program that the school board agrees will satisfy the demand created by that development approval. The amount of mitigation required shall be calculated based on the cost per student station, as defined above, and for each school type (elementary, middle and high) for which there is not sufficient capacity. The proportionate share for a development shall be determined by the following formulas:

Number of New Student Stations Required for Mitigation (By School Type) =

[Number of Dwelling Units Generated by Development Proposal, by Housing Type X

Student Generation Multiplier (by Housing Type and School Type)] -

Credit for Districtwide Capacity of Magnet Schools and Charter Schools - Number of Available Student Stations.

Cost of Proportionate Share Mitigation = Number of New Student Stations Required For Mitigation (By School Type) X Cost per Student Station (by School Type).

25

The full cost of proportionate share mitigation shall be required from the proposed development. The local government and the school board shall consider the evaluation report and the options that may be available for proportionate share mitigation including the amendment of the district facilities work program. If the local government and the school board find that options exist for proportionate share mitigation, they shall authorize the preparation of a development agreement and other documentation appropriate to implement the proportionate share mitigation option. A legally binding development agreement shall be entered into between the school board, the relevant local government, and the applicant and executed prior to issuance of the final plat, site plan or functional equivalent. In that agreement, if the school board accepts the mitigation, the school board must commit to place the improvement required for mitigation on the first three years of the five-year plan. This development agreement shall include the landowner's commitment to continuing renewal of the development agreement until the mitigation is completed as determined by the school board. This agreement shall also address the amount of the impact fee credit that may be due for the mitigation, and the manner in which it will be credited. Upon execution of a development agreement among the applicant, the and the school board, the local government may issue a development order for the development. The development order shall condition approval upon compliance with the development agreement.

(Ord. No. 2010-10-218, § 2(3-120), 4-7-2010)

(a)

[Generally.]

(1)

Short title. This section shall be known and may be cited as the "City of Miami Gardens Impact Fees Ordinance".

(2)

Authority and applicability.

a.

The City of Miami Gardens hereby adopts by reference Miami-Dade County Ordinance Number 88-112 "Miami-Dade County Road Impact Fee Ordinance"; Ordinance Number 90-59 "Park Impact Fee Ordinance" ; Ordinance Number 90-31 "Police Services Impact Fee Ordinance" ; Ordinance Number 90-26 "Miami-Dade County Fire and Emergency Medical Services Impact Fee Ordinance"; Ordinance No. 95-79 "Educational Facilities Impact Fee Ordinance."

b.

The City of Miami Gardens shall apply and collect the parks and police impact fees pursuant to the above cited Miami-Dade County ordinances. All other impact fees shall be administered and collected by Miami-Dade County.

c.

The City of Miami Gardens shall collect all applicable impact fees at the time of issuance of a building permit and shall issue a receipt of the fees to the applicant.

d.

The City Council of City of Miami Gardens has the authority to adopt this section pursuant to F.S. chs. 163 and 380.

e.

This chapter shall be applicable to land development in the entirety of City of Miami Gardens.

(3)

Levy and purpose.

a.

This section is intended to implement and be consistent with the City of Miami Gardens Comprehensive Development Master Plan adopted pursuant to F.S. ch. 163.

b.

The purpose of this section in regulating development is to ensure that all new development bears its proportionate share of a portion of the capital cost of public services of roadway capacity improvements, water, sewer, solid waste, parks, police, fire and rescue services and schools necessary to allow adequate level of service. The city council may, from time to time, revise the amounts of the impact fees by resolution.

(b)

Exemptions. The impact fees imposed in this division shall apply to all new construction within the city, except the following:

(1)

Expansion of a residential dwelling unit, so long as no new dwelling unit is created thereby.

(2)

Remodeling, repair, rebuilding or restoration of any structure, so long as no substantial additional impact to the services addressed in this division, as determined by the administrative official and subject to the appeal to the city council by an aggrieved applicant, is caused thereby.

(3)

Construction of any nonresidential structure by any agency of federal, state or local government.

(c)

Schedule. Impact fees upon new construction shall be established and are imposed and levied to defray the cost of capital expenditures attributable to parks and recreation, library, general government, police and fire and rescue services. The city council may, from time to time, revise the amounts of the impact fees by resolution.

(d)

Payment. The impact fees imposed by this division shall be paid in legal tender unless the city council accepts an in-kind contribution of real or personal property for public use which serves the same public purposes as those for which the impact fees are imposed. Credit for such in-kind contribution shall be based upon the fair market value of that property as of the date the city council accepts such offer of dedication. The appraised value of the property shall be verified by at least one competent independent opinion thereof. All impact fees shall be paid by certified funds at the time of issuance of the certificate of occupancy for such new construction.

(e)

Waiver authorized. The city council may waive 50 percent of an impact fee required by this division, if privately supplied park and recreation, library, general government, police or fire and rescue services provided for the sole use of the residents or occupants of a project are of such a nature as to reduce the project's impact upon the city's capital needs for expansion of that particular public service. The amount waived under the authority of this provision shall not exceed the actual cost of such facilities, or 50 percent of the applicable impact fee, whichever is less, credited against that category of impact fees receiving such reduced impact. The parks and recreation services impact fee reduction for a residential project shall be based upon a minimum of 45 square feet of enclosed recreation area per dwelling unit and a maximum of 200 square feet of enclosed recreation area per dwelling unit. A request for a waiver of impact fees in accordance to this section shall be made on a form approved by the city and accompanied by an applicable fee.

(f)

Capital expansion plans.

(1)

The city council shall adopt a capital expansion plan for each such trust account established in this division. Such plans shall be reviewed annually during the budget review process.

(2)

The impact fees imposed hereby shall be reviewed biannually. At such time the city council shall analyze the projected construction within the city, the cost of any new or expanded capital facilities and equipment of parks and recreation, library, general government, and fire and rescue services which shall be generated by that construction, and the funds otherwise available to finance those costs.

[(g)]

Capital expansion trust funds.

(1)

Established. The following capital expansion trust funds are hereby established:

a.

Parks and recreation services special revenue fund;

b.

Library services capital expansion special revenue fund;

c.

General government services capital expansion special revenue fund;

d.

Police protection capital expansion special revenue fund; and

e.

Fire protection capital expansion special revenue fund.

(2)

Collection; deposit. Upon collection of the applicable impact fees imposed by this division, the same shall be earmarked to ensure that the impact fees are ultimately expended in connection with the improvements for which they were paid, by crediting the impact fees to the appropriate capital expansion trust fund or account. Notwithstanding the foregoing, however, the designation and establishment of any capital expansion trust fund or account shall not be construed to require the establishment of any completely independent, self-balancing funds or accounts, as such terms are commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of the impact fees collected for certain purposes. The impact fees of the earnings thereon may be deposited immediately upon collection in five separate interest-bearing bank accounts established in the names of each of the capital expansion trust funds or accounts; a single, interest-bearing bank account; an interest-bearing bank account in which other funds of the city are on deposit; or any combination of the foregoing; provided that, in each case, the account or funds are with a depository authorized to receive deposits of city funds and that standard accounting records are maintained to reflect the earmarking of the monies therein for the various purposes of the capital expansion trust funds or accounts. The capital expansion trust funds or accounts shall be maintained on the books of the city as separate and distinct from all other funds and accounts of the city. Interest earned on the impact fees shall be credited to each of the capital expansion trust funds or accounts in the appropriate percentages.

(3)

Use.

a.

Funds credited to each capital expansion account shall be used only for the purpose of expansion or acquisition of capital facilities or equipment for the particular service named in each account. Expenditures from each account shall be specifically approved by the city council, shall be limited to the expansion or acquisition of such capital facilities, or for payments, including sinking fund payments, on bonds or other certificates of indebtedness executed for the purpose of expansion or acquisition of those facilities or equipment. Before authorizing an expenditure from any one of these trust accounts, the city shall determine that:

1.

The expenditure is for capital facilities or equipment to be used for the purpose of such account;

2.

The expenditure is required by new construction from which such funds were collected; and

3.

The expenditure will result predominantly in a special benefit to new construction, as opposed to pre-existing uses.

b.

The city shall have the right to modify or delete any of the proposed capital improvements or expenditures within each of the general categories of the improvements and specialized equipment reflected in any impact fee study report upon which the fees imposed in this division are based or to add capital improvements or expenditures within those general categories, provided that the total amount of impact fees credited to each of the applicable capital expansion trust funds or accounts is ultimately expended for the purposes of such capital expansion trust funds or accounts in the amount set forth in this section.

(Ord. No. 41-93, § 1(719.01), 10-19-1993; Ord. No. 2010-10-218, § 2(3-130), 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014)