The land development regulation administrator shall administer and enforce these Land Development Regulations directly or through aides and assistants. In the performance of his or her duties, the land development regulation administrator may request the assistance of any officer or agency of the city.

The land development regulation administrator shall investigate promptly complaints of violations and report findings and actions to complainants, and shall use best endeavors to prevent violations or to detect and secure the correction of violations. If the land development regulation administrator finds that a provision of these Land Development Regulations is being violated, the land development regulation administrator shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The land development regulation administrator shall order the discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other lawful action authorized by these Land Development Regulations necessary to ensure compliance with or to prevent violations of these Land Development Regulations.

It is the intent of these Land Development Regulations that questions of interpretation and enforcement shall first be presented to the land development regulation administrator, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the land development regulation administrator.

The land development regulation administrator shall maintain written records of official actions regarding (1) land development regulation administration; (2) complaints and actions taken with regard to the Land Development Regulations; and (3) violations discovered by whatever means, with remedial action taken and disposition of all cases all of which shall be public record.

The land development regulation administrator shall determine whether applications for building permits required by the building code of the city are in accord with the requirements of these Land Development Regulations, and no building permit shall be issued without written certification that plans submitted conform to applicable Land Development Regulations. No building permit shall be issued by the land development regulation administrator except in conformity with the provisions of these Land Development Regulations, unless the land development regulation administrator shall receive a written order in the form of an administrative review, interpretation, special exception, or variance as provided by these Land Development Regulations, or unless he or she shall receive a written order from the city commission or a court of competent jurisdiction.

14.3.1. Information necessary for application. Applications for building permits required by the building code of the city shall be accompanied by two copies of the plot and construction plans drawn to scale showing the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of existing structures, if any; the exact size and location on the lot of the buildings or structures to be erected or altered; the existing use of buildings or structures on the lot, if any; the intended use of each building or structure or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; and such other information with regard to the lot and existing and proposed structures as may be necessary to determine and provide for the enforcement of these Land Development Regulations. The application shall be accompanied by a survey of the lot, prepared by a land surveyor or engineer registered in Florida. All property stakes shall be in place at the time of application.

14.3.2. Public record. One copy of the plot and construction plans shall be returned to the applicant by the land development regulation administrator, after marking such copy either as approved or disapproved, and attested by the land development regulation administrator's signature on the plans. The second copy of the plot and construction plans, similarly marked, shall be retained by the land development regulation administrator as part of the public record.

14.3.3. Display of permit. Building permits shall be issued in duplicate and one copy shall be kept on the premises affected prominently displayed and protected from the weather when construction work is being performed thereon. No owner, contractor, workman or any other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by these Land Development Regulations, nor shall they perform building operations of any kind after notification of the revocation of the building permit.

14.3.4. Expiration of building permit. Every permit issued shall become invalid unless the work authorized by such permit is commenced in the form of actual construction within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced; provided that one or more extensions of time, for periods not exceeding 90 days each, may be allowed, and such extensions shall be in writing by the land development regulation administrator.

14.3.5. Construction and use to be as provided in applications; status of permit issued in error. Building permits issued on the basis of plans and specifications approved by the land development regulation administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of these Land Development Regulations and punishable as set out in these Land Development Regulations in article 15.

Statements made by the applicant on the building permit application shall be deemed official statements. Approval of application by the land development regulation administrator shall in no way exempt the applicant from strict observance of applicable provisions of these Land Development Regulations and all other applicable regulations, ordinances, codes, and laws.

A building permit issued in error shall not confer any rights or privileges to the applicant to proceed to construction, and the city commission shall have the power to revoke such permit if actual construction has not commenced.

14.4.1. General. It shall be unlawful to use or occupy, or permit the use or occupancy, of any building or premises, or part of any building or premises created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of land development regulation compliance shall have been issued by the land development regulation administrator stating that the proposed use of the structure or land conforms to the requirements of these Land Development Regulations.

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of land development regulation compliance, and the certificate shall be issued in conformity with the provisions of these Land Development Regulations upon completion of the work.

14.4.2. Temporary certificate of land development regulation compliance. A temporary certificate of land development regulation compliance may be issued by the land development regulation administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as are necessary in the circumstances to protect the safety of occupants and the general public.

14.4.3. Records, violations. The land development regulation administrator shall maintain a record of all certificates of land development regulation compliance, and a copy shall be furnished upon request to any person at a reasonable cost for duplication.

Failure to obtain a certificate of land development regulation compliance as set out in these Land Development Regulations shall be a violation of these Land Development Regulations and punishable as provided by article 15 of these Land Development Regulations.

Certificates of land development regulation compliance issued on the basis of plans and specifications approved by the land development regulation administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of these Land Development Regulations and punishable as set out in article 15 of these Land Development Regulations.

Where, by the terms of these Land Development Regulations or other applicable regulations or ordinances of the city commission, provision is made for ensuring to the city commission that the public improvements required will be constructed as required, the following procedures and regulations shall govern. Before any building permit is issued in such situation, the city commission shall require the applicant to present satisfactory evidence that full provision has been made for public improvements, including, but not limited to, utility lines, sanitary sewers, storm sewers, construction or reconstruction of streets or alleys, streets signs, and traffic devices or signals. Where such public improvements are to be constructed by the applicant in accordance with the applicant's permit after the approval of the final plat, the city commission shall require security that is compliant with the provisions of Section 5.39. The purpose of this requirement is to ensure to the city commission that the public improvements required will be properly and timely completed and paid by the applicant. The form of any such bond or sureties thereon shall be subject to the approval of the city attorney for the city commission as to legal form and correctness prior to the issuance of any building permit.

(Ord. No. 2018-21, § 1, 1-28-2019)

No bulkhead, dock, pier, wharf or similar structure shall be erected or expanded without first obtaining a special permit from the city commission. Proposals to erect or expand such structures shall be submitted in writing to the land development regulation administrator together with the payment of reasonable fees as the city commission may determine through action in setting fees as set out in article 1 of these Land Development Regulations. The land development regulation administrator shall forward the request to the planning and zoning board for review. The planning and zoning board shall handle such matters in a public session as part of a previously prepared agenda, however, no public notice and hearing is required.

The planning and zoning board report and recommendation shall be advisory only and not binding upon the city commission.

Within a reasonable time after receiving the planning and zoning board report and recommendation, the city commission shall take final action by either approving, approving with conditions, or denying the request. No public notice and hearing is required, but such matters shall be handled in a public session as part of a previously prepared agenda. Such matters shall be a public record, and approval, approval with conditions, or denial shall require formal action by the city commission.

If state or federal permission is required for the erection of any such bulkhead, dock, pier, wharf, or similar structure, such permission shall be presented in writing to the land development regulation administrator prior to the issuance of any building permit for the bulkhead, dock, pier, wharf or similar structure.

Industrial resource-based uses or activities shall require a special use permit, as described below. These uses and activities must first be identified on the future land use plan map of the Comprehensive Plan as material-oriented industrial development, intensive agricultural uses or mining activities classifications.

14.7.1. All uses or activities to be located within any of the industrial resource-based use classifications shall require a special use permit review and approval prior to commencement of the use or activity.

The city commission, when reviewing the special use permit, shall require the applicant to provide substantial and competent evidence to demonstrate that the development will comply with the adopted policies addressing standards for the material-oriented industrial development, intensive agricultural or mining activities classifications.

The City of Newberry may consider standards stricter than state and federal standards to minimize the adverse impact of industrial resource-based activities on the environment and to protect existing air and water quality. Further, the City of Newberry shall review any application for industrial resource-based activities in relation to the Code of Ordinances. To the extent allowed by state or federal law, all existing and future uses and activities as identified as any of those listed as industrial resource-based uses or activities whether or not they are shown on the future land use plan map shall conform to the performance requirements described below:

Reports. The applicant for a special use permit for industrial based uses or activities shall submit information specifying expected air emissions, surface and groundwater emissions, noise levels, truck traffic volumes (including time-of-day level(s), odor levels, and glare impacts, and the compatibility of these emissions and impact levels with other properties, uses and neighborhoods within 2,000 feet. The report shall indicate that these impacts will not violate local, regional, state, or federal limits. The report shall also indicate that "best available technology" is being used to control impacts from the industrial based use or activity. The City shall have the right to contract with an independent consulting firm, at the applicant's expense, to evaluate the application.

Fire and explosion hazards. All uses shall comply with applicable standards set forth in the rules and regulations of the state fire marshal.

Smoke, dust, dirt, visible emissions and open burning. Regulations controlling smoke, dust, dirt or visible emissions shall be the same as those contained in Chapter 62-296, Florida Administrative Code. Regulations controlling open burning shall be the same as those contained in Chapter 62-256, Florida Administrative Code.

Fumes, vapors and gases. Regulations controlling the emissions of any fumes, vapors or gases of a noxious, toxic or corrosive nature shall be the same as those contained in Chapter 62-296, Florida Administrative Code.

Activities shall be conducted in a manner which minimizes adverse impacts on the temperature, motion or humidity of the atmosphere beyond the lot line.

Noise. The permitted level of noise or sound emission at the property line shall not at any time exceed the decibel level for commercial uses as prescribed within the City of Newberry Code of Ordinances.

Odor. Regulations controlling the emission of objectionable odorous gases or other odorous matter, except those associated with normal agricultural practices, shall be the same as those contained in Chapter 62-296, Florida Administrative Code.

Glare. There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity lighting.

Hazardous materials and hazardous waste management. Regulations controlling the storage, handling, record keeping and discharge reporting for hazardous materials and hazardous wastes shall be the same as those contained in Chapter 62-730, Florida Administrative Code, and article II, section 353.20, Alachua County Code in effect at the time of adoption of this amendment.

14.7.1.1. Material-oriented industrial development. In applying for a material-oriented industrial development the applicant shall ensure that the proximity of the particular industrial resource-based use or activity to natural resources or raw materials is so significant a factor that location of the use or conduction of the activity would be inappropriate at a remote location. Further, the applicant shall ensure that the location of the use or conduction of the activity outside of centralized potable water and sanitary sewer service areas is appropriate.

The applicant shall ensure that all uses for activities shall be located or conducted in a manner that minimizes adverse impact on the surface or groundwater quality and quantity of the city and region.

Further, the applicant shall ensure that the location or conduction of such use or activity will be conducted in a manner that minimizes adverse impact on the community due to noise, odors, dust, smoke, dirt, vibration and/or glare.

Material-oriented industrial uses shall be limited to the following listed intensities:

Sites larger than 100 acres shall be limited to the total floor area ratio as established above for a 100-acre site.

14.7.1.2 Intensive agricultural uses. Intensive agricultural uses (structural development) shall be limited to the following listed intensities:

Sites larger than 100 acres shall be limited to the total floor area ratio as established above for a 100-acre site.

The applicant shall ensure that all uses or activities shall be located or conducted in a manner that minimizes adverse impact on the surface and groundwater quality and quantity of the city and region. Further, the applicant shall ensure that the location or conduction of such use or activity will be conducted in a manner that minimizes adverse impact on the community due to noise, odors, dust, smoke, dirt, vibration and/or glare.

14.7.1.3 Mining activities. To receive a special use permit for mining uses or activities, the applicant shall provide a mining master plan which shall indicate the approximate acreage of the areas that have been filled and reclaimed at the time of each special use permit approval. The mining master plan shall also outline and indicate areas that are planned for excavation, fill or reclamation during the period approved by the special use permit. Wherever possible, fill shall be placed in a contiguous manner.

Upon filling of five acres of the site, a soil cap shall be placed and permanent vegetative cover shall be established so that no more than ten acres of the site is being actively filled. For areas that are not planned for filling in the time established by the special use permit, a 1:4 (rise: run) slope shall be created. Under no circumstances shall landfills, as the term is defined in Chapter 62-701.200(64) of the Florida Administrative Code, effective on May 27, 2001, be permitted within the city.

Structures constructed within mining activity areas shall be limited to a .01 floor area.

The applicant shall ensure that mining shall be located or conducted in a manner that minimizes adverse impact on the surface and groundwater quality and quantity of the city and the region.

Further, the applicant shall ensure that the location or conduction of such use or will be conducted in a manner that minimizes adverse impact on the community due to noise, odors, dust, smoke, dirt, vibration and/or glare.

14.7.2. Master plan required for all industrial based uses or activities.

Master plan. Excepting the creation of irrigation, agricultural and agricultural water conservation purpose ponds approved by the United States Department of Agriculture, all material oriented industrial, intensive agricultural uses and mining activities (including dredge and fill activities) prior to being conducted shall require special permit for such uses and activities from the city commission in conformance with the requirements as stated below. Requests for such special permits shall be submitted in writing to the land development regulation administrator together with the payment of such reasonable fees as the city commission may determine through action in setting fees as set out in article 1 of these Land Development Regulations. The land development regulation administrator shall forward the request to the planning and zoning board for review and shall erect a sign advertising the permit request on a prominent position on said land. The planning and zoning board shall hold a public hearing in accordance with article 13 of these Land Development Regulations. The planning and zoning board report and recommendations shall be advisory only and not binding upon the city commission.

Within a reasonable time after receiving the planning and zoning board report and recommendations, the city commission shall hold a public hearing in accordance with article 13 of these Land Development Regulations. At the hearing, any person may appear in person or by agent. The city commission shall take final action on the permit request by either approving, approving with conditions, or denying the permit request. Appeals from decisions of the city commission shall be heard as set out in article 12 of these Land Development Regulations.

Where permitted by the city commission, all such industrial-based uses or activities shall be conducted in accordance with the following criteria. In addition, the city shall prohibit intensive agricultural uses in those areas located within areas designated as high groundwater aquifer recharge as identified on the map entitled "Recharge Potential of the Florida Aquifer System", Alachua County, Florida, prepared by the Suwannee River Water Management District, as of December 2004.

(a)

The filing of a master plan with the city commission shall include:

(1)

The boundaries of the areas of proposed use or activity;

(2)

Describe the location of existing or proposed processing facilities, highways and railroads;

(3)

Provide a topographic map of the area and its relationship to watersheds, drainage ways, floodways, streams, rivers and lakes;

(4)

Describe the use or activity process to be conducted; and

(5)

For mining activities describe the reclamation process to be conducted after mining, including the delineation of areas to be restored.

(b)

Upon review of the master plan, the city commission may approve, approve with conditions, or deny an operating permit to commence the activities stated within the master plan, subject to all areas being considered for the special permit. For mining activities, which shall be reclaimed, land and water areas shall be considered reclaimed if they include the following, when applicable:

(1)

Upon filling of five acres of the site, a soil cap shall be placed and permanent vegetative cover shall be established so that no more than ten acres of the site is being actively filled. For areas that are not planned for filling in the time established by the special use permit, a 1:4 (rise: run) slope shall be created. Under no circumstances shall landfills, as the term is defined in Chapter 62-701.200(64) of the Florida Administrative Code, effective on May 27, 2001, be permitted within the city. Land areas not less than three feet above the groundwater table, that have been graded to a level, gently rolling, sloping or terraced topography, with major continuous slopes no steeper than four horizontal to one vertical and in a way to minimize erosion due to rainfall, break up long uninterrupted slopes and make the surface suitable for vegetation. Vegetation shall be appropriately planted to prevent erosion and promote the future land use of the reclaimed area.

(2)

Water areas shall have a diversity of shallow and deep areas to enhance lake productivity for fish and wildlife habitat. Sub aqueous slopes shall be no steeper than four horizontal to one vertical out to six-foot depth at design elevation. Water quality shall be satisfactory for fish production and other wildlife.

(3)

Reclamation shall commence on mined areas, not used for waste settling areas, within 18 months after mining is completed in the area. Progress shall be according to a time schedule established prior to commencing work and reported upon annually as to the reclamation accomplished during the preceding calendar year.

(4)

Nothing in this section shall be in conflict with Chapter 16C-16, Florida Administrative Code, in effect upon adoption of this policy.

(5)

Mining shall be prohibited unless, the applicant for mining activities can demonstrate through testimony provided and accepted by the city commission at the public hearing as being based upon competent and substantial scientific evidence that mining activities will not result in an adverse effect on environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened, or species of special concern wildlife habitats, as designated by the Florida Game and Fresh Water Fish Commission within the publication entitled "Critical Wildlife Conservation Areas", and rare or unique vegetative communities, which cannot be restored. Environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened or species of special concern wildlife habitats, as designated by the Florida Game and Fresh Water Fish Commission within the publication entitled "Critical Wildlife Conservation Areas", and rare or unique vegetative communities, which can be restored shall be restored to the same type, nature and function ecosystem.

For the purposes of these Land Development Regulations "restoration" when used in conjunction with mining operations shall mean the recontouring and revegetation of lands, which will return the type, nature and function of the ecosystem to the condition in existence immediately prior to mining operations. The city shall recognize technological limitations and economic considerations concerning the methods and practices to be used to restore environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened or species of special concern wildlife habitats, as designated by the Florida Game and Fresh Water Fish Commission within the publication entitled "Critical Wildlife Conservation Areas", and rare or unique vegetative communities. However, such considerations shall not result in environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened or species of special concern wildlife habitats, as designated by the Florida Game and Fresh Water Fish Commission within the publication entitled "Critical Wildlife Conservation Areas", and rare or unique vegetative communities, not being restored to the same type, nature and function ecosystem. For example, restoration shall be considered accomplished when immature trees are used; mature trees are not required to be replanted in areas where mature trees were removed to allow for mining.

For the purposes of these Land Development Regulations "revegetation" when used in conjunction with mining operations in reclaimed areas means a cover of vegetation consistent with land form created and the future land uses. In restored areas, it means a cover of vegetation that is designed to return the restored area to the condition in existence prior to mining operations.

14.7.3. In addition to obtaining a special permit under this section, the applicant shall meet any additional requirements of the city, county, regional agencies, the State of Florida and the United States of America.

(Ord. No. 25-08, § 3, 11-10-2008; Ord. No. 2017-16, § 1, 2-12-2018)

(a)

Required. It shall be deemed a violation of these Land Development Regulations for any person, firm, corporation, or other entity to place or erect any mobile home on any lot or parcel of land within any area subject to these Land Development Regulations for private use without first having secured a mobile home move-on permit from the land development regulation administrator. Such permit shall be deemed to authorize placement, erection, and use of the mobile home only at the location specified in the permit. The responsibility of securing a mobile home move-on permit shall be that of the person causing the mobile home to be moved. The move-on permit shall be posted prominently on the mobile home before such mobile home is moved onto the site.

(b)

Pre-owned mobile home. Prior to issuance of a special move-on permit for a pre-owned mobile home, the applicant shall request an inspection of the unit by the city building official, prior to moving the mobile home into the city limits. The building official shall determine if the mobile home is structurally safe and sanitary and has been built in accordance with F.A.C. ch. 15C-2 entitled Rules and Procedures for the Bureau of Mobile Home and Recreational Vehicle Construction, in effect on March 29, 1999.

(Ord. No. 06-03, § 2, 5-12-2003)

A special permit for a family lot may be issued by the land development regulation administrator on land zoned agricultural on the official zoning atlas of these Land Development Regulations, for the purpose of conveying a parcel of property solely as a homestead by an individual who is the grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the person who conveyed the parcel to said individual, notwithstanding the density or intensity of use assigned to the parcel in the Comprehensive Plan. Such a provision shall apply only once to any individual.

Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use with existing uses. Unless otherwise specified in these Land Development Regulations, the following regulations shall govern temporary uses.

14.10.1. Temporary use permits issued by city commission. The city commission may issue a temporary use permit for the following uses:

1.

In agricultural, commercial, and industrial districts: commercial circuses, carnivals, outdoor concerts and similar uses.

Requests for such a permit shall be submitted in writing to the land development regulation administrator together with such reasonable fees as the city commission may determine through action in setting fees as set out in article 1 of these Land Development Regulations.

The land development regulation administrator shall forward the request to the planning and zoning board for review and shall erect a sign advertising the request on a prominent position on said land. The planning and zoning board shall handle such matters in a public session as part of a previously prepared agenda, however, no public notice and hearing is required. All matters relating to planning and zoning board consideration of temporary use permits shall be a public record. At the public session, any person may appear in person or by agent or attorney. The planning and zoning board shall submit its report and recommendation to the city commission. The planning and zoning board report and recommendation shall be advisory only and not binding upon the city commission.

Within a reasonable time after receiving the planning and zoning board report and recommendation, the city commission shall hold a public hearing to consider the request. The city commission shall fix a reasonable time for the hearing, [and] give public notice thereof, as well as due notice to the parties involved. At the hearing, any person may appear in person or by agent or attorney.

The city commission shall take final action on the request by either approving, approving with conditions, or denying the request.

Prior to granting a temporary use permit, the city commission shall determine that:

1.

Nuisance; hazard. Any nuisance or hazardous feature involved is suitably separate from adjacent uses.

2.

Traffic. Excessive vehicular traffic will not be generated on minor residential streets.

3.

Parking. A vehicular parking problem will not be created.

The temporary use permit, if granted, shall be granted for a specific time period, at the end of which, if the use permitted has not been discontinued, it shall be deemed a violation of these Land Development Regulations and shall be punished as set out in article 15 of these Land Development Regulations.

Appropriate conditions and safeguards may include, but are not limited to, reasonable time limits within which the action for which temporary use permit is requested shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the temporary use permit is granted, shall be deemed a violation of these Land Development Regulations and punishable as provided in these Land Development Regulations.

14.10.2. Temporary use permits issued by the Land Development Regulation Administrator. Certain uses are of short duration and do not create excessive incompatibility during the course of the use. Therefore, the land development regulation administrator is authorized to issue temporary use permits for the following activities, after a showing that any nuisance or hazardous feature involved is suitably separated from adjacent uses, excessive vehicular traffic will not be generated on minor residential streets, and a vehicular parking problem will not be created:

1.

Nonprofit events. In any zoning district: special events operated by nonprofit, eleemosynary organizations.

2.

Christmas trees. In any zoning district: Christmas tree sales lots operated by nonprofit, eleemosynary organizations.

3.

Duration. In any zoning district: other uses which are similar to (1) and (2) above and which are of a temporary nature where the period of use will not extend beyond 30 days.

4.

Mobile homes; travel trailers; government use. In any zoning district: mobile homes or travel trailers used for temporary purposes by any agency of municipal, county, state, or federal government; provided such uses shall not be or include a residential use.

5.

Residential mobile homes, etc. In any zoning district: mobile homes or travel trailers used as a residence, temporary office, security shelter, or shelter for materials of goods incident to construction on or development of the premises upon which the mobile home or travel trailer is located. Such use shall be strictly limited to the time construction or development is actively underway. In no event shall the use continue more than 12 months without the approval of the city commission and the city commission shall give such approval only upon finding that actual construction has begun and is continuing.

6.

Tent revivals. In agricultural, commercial, and industrial districts: temporary religious or revival activities in tents.

7.

Mobile home in agricultural district. In agricultural districts: In addition to the principal residential dwelling, one additional mobile home used as an accessory residence, provided that such mobile home is occupied by persons related by blood, adoption, or marriage to the family occupying the principal residential use. Such mobile home is exempt from lot area requirements, and shall not be located within required yard areas. Such mobile home shall not be located within 20 feet of any building. A temporary use permit for such mobile home may be granted for a time period up to five years. When the temporary use permit expires, the applicant may reapply for a new temporary use permit.

8.

Shopping centers; recycling collection. In shopping centers within commercial intensive districts only: mobile recycling collection units. These units shall operate only between the hours of 7:30 a.m. and 8:30 p.m., and shall be subject to the review of the land development regulation administrator. Application for permits shall include written confirmation of the permission of the shopping center owner and a site plan which includes distances between the mobile recycling collection units and buildings, roads, and property lines. No permit shall be valid for more than 30 days within a 12-month period, and the mobile unit must not remain on-site more than seven consecutive days. Once the unit is moved off-site, it must be off-site for six consecutive days.

9.

Block Parties. In any residential zoning district: a block party permit, subject to the provisions set forth in Chapter 94. Traffic and Vehicles, Article VI. Block Parties.

10.

Submission of request. Requests for such a permit shall be submitted in writing to the land development regulation administrator together with such reasonable costs as the city commission may determine through action in setting fees as set out in article 1 of these Land Development Regulations.

Appropriate conditions and safeguards may include, but are not limited to, reasonable time limits within which the action for which temporary use permit is requested shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the special permit is granted, shall be deemed a violation of these Land Development Regulations and punishable as provided in article 15 of these Land Development Regulations.

(Ord. No. 2021-03 meeting, § 1, 4-12-2021)

Certain uses are essential to providing service to a community and therefore require special permitting.

Essential services are permissible by special permit in any zoning district. Essential services are hereby defined to include and be limited to water, sewer, gas, solid waste disposal, telephone, television, radio, and electrical systems. including substations, lift stations, towers and antennae and pumping, aeration, or treatment facilities necessary for the performance of these services; provided, however, that:

1.

Poles, wires, mains, hydrants, drains, pipes, conduits, telephone booths, school bus shelters, bicycle racks, bus stop benches, newspaper delivery boxes, mailboxes, police or fire call boxes, traffic signals and other similar structures, but not including buildings, are exempted from the definition of essential services. Such structures are permitted by right in any zoning district and are exempt from district setbacks.

2.

For the purposes of these Land Development Regulations, gas and electrical generating plants shall not be considered to be essential services. These uses are barred from all zoning districts except where they are specifically permitted or permissible.

3.

This section shall not be deemed to permit the erection of structures for (a) commercial activities such as sales or the collection of bills or (b) service establishment such as radio or television stations or studios in districts from which such activities would be otherwise barred.

4.

The requirements of this section shall not apply to communication towers which are: (a) used for governmental purposes and located on property, rights-of-way, or easements owned by any governmental entity; (b) all communication towers existing on the effective date of these regulations shall be allowed to continue to be used as they presently exist.

Routine maintenance, including replacement of lights and modifications to accommodate the co-location of an additional user (or users), shall be permitted on such existing towers. New construction, other than routine maintenance and modifications to accommodate co-location on an existing communication tower, shall comply with the requirements of this section.

For purposes of this section, a communication tower that has received final approval in the form of either a special permit or building permit, but has not yet been constructed, shall be considered an existing tower so long as such approval is otherwise valid and unexpired.

No rezoning, special permit or variance shall be required to locate a communication antenna on an existing structure; provided, however, that the communication antenna does not extend more than ten feet above the existing structure. Such structures may include, but are not limited to, buildings, water towers, existing communication towers, recreational light fixtures and other essential public utility structures.

In addition, no special permit shall be required to locate an communication antenna used by amateur radio operators, including citizens band, very high frequency and ultra high frequency aircraft/marine, or similar radio operators, or such antenna, which is exempted, or local authority preempted by federal or state law.

Notwithstanding anything herein to the contrary, this section shall not be construed to exempt communication towers or antennas for compliance with other city ordinances and regulations such as building permit requirements.

Where permanent structures are involved in providing essential services, such structures shall conform insofar as possible to the character of the district in which the property is located, as to architecture and landscaping characteristics of adjoining properties.

The following standards shall apply to all new or expanded communication towers, except as exempted in subsection 4 above.

(1)

Location. Communication towers are allowed in all zoning districts, including residential districts, when the following requirements are met.

(a)

Every reasonable effort shall be made to locate the communication tower in a nonresidential zoning district, where feasible, based on engineering and economic considerations;

(b)

Where the applicant seeks to locate a communication tower in a residential district, the applicant shall demonstrate that no other industrial, commercial or agricultural zoned property is available to the applicant for this intended use;

(c)

If the proposed location is within a residential district, the proposed location will reasonably minimize the impact of the communication tower due to the height, use or appearance of the adjacent structures or surrounding area;

(d)

There are no existing building structures located within the area that are reasonably available to the applicant for this intended purpose and serve the applicants propagation needs. Where existing building structures are located within the area communication antennas may be attached thereto subject to the following.

1.

Communication antennas may be located on existing structures with a height of 20 feet or greater, so long as the antennas do not extend more than ten feet above the highest point of the existing structure, and as limited by subsection 3, below;

2.

Communication antennas may be located on existing structures with a height of less than 20 feet, so long as the antennas do not extend more than five feet above the highest point of the existing structure, and as limited by subsection 3, below;

3.

Notwithstanding subsections 1 and 2 above, communication antennas, as defined in section 2.1, shall not be located on single-family structures.

4.

Communication antennas to be located on existing structures in public road rights-of-way may only be located in collector, arterial or limited access road rights-of-way;

5.

No advertising shall be allowed on an antenna;

6.

No signals, lights, or illumination shall be permitted on an antenna, unless required by any applicable federal, state or local rule, regulation or law;

7.

Antennas shall comply with all applicable Federal Communications Commission emission standards;

8.

Design, construction, and installation of antennas shall comply with all applicable local building codes; and

9.

Accessory equipment buildings used in conjunction with antennas, if located on the ground, shall comply with the minimum accessory building setback requirements.

(e)

No other existing communication tower meeting the applicant's needs is located within the area is reasonably available to the applicant for purposes of co-location. Further, owners of communications towers must provide access and space for government-owned antennae where possible on a basis not less favorable than is required for private co-location; and

(f)

The proposed height of the communication tower is the minimum necessary by the applicant to satisfy the applicant's communications system needs at the location.

(2)

Design and construction. The following criteria shall apply to the design and construction of communication towers.

(a)

All other applicable permits must be obtained, including Federal Communication Commission and city building permit approvals before construction. All tower facilities shall comply or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the federal or state government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owner(s) shall bring such tower or antennas into compliance with such revised standards and regulations to the extent required by such governmental agency;

(b)

All communication towers shall be designed and constructed to Electronic Industries Association/Telecommunications Industries Association 222-E Standards or greater (at the option of the applicant) as published by the Electronic Industries Association, as may be amended from time to time. Communication tower owners shall be responsible for periodic inspections of such towers at least every two years to ensure structural integrity. Such inspections shall be conducted by a structural engineer with a current license issued by the State of Florida. The results of the inspection shall be provided in writing to the land development regulation administrator upon request;

(c)

All towers shall be designed and constructed so that in the event of collapse or failure the tower structure will fall completely within the parcel or property where the tower is located. However, the applicant may apply for a waiver of this restriction upon showing of need and adequate safety of surrounding property;

(d)

All communication tower supports and peripheral anchors shall be located within the parcel or property where the tower is located;

(e)

Communication towers shall be marked and lighted as required by Federal Aviation Administration, or other state or federal agency of competent jurisdiction;

(f)

All accessory buildings or structures shall comply with other applicable provisions of the Land Development Regulations;

(g)

Setbacks for communication tower accessory buildings and structures shall comply with those required for the zoning district in which the tower is located. The city commission may reduce this setback by 50 percent to allow placement of an additional equipment building or permitted accessory structure to encourage co-location/shared use of tower structures. Setbacks will be measured as provided within these Land Development Regulations. However, no communication tower shall be sited within 500 feet from the property line of properties zoned for single- or multiple-family residence, or any established permitted use for group living facility, school or hospital;

(h)

Communication towers and antennas shall be lighted with dual red and white lighting. No white lighting or strobe lighting shall be permitted after sunset or before sunrise;

(i)

The perimeter base of all communication towers must be enclosed within a security fence no less than eight feet in height with access secured by a locked gate; and

(j)

All communication tower facilities shall be identified by use of a metal plate or other conspicuous marking giving the name, address and telephone number of the communication tower owner and lessee if different from the owner and operator.

Such identification shall also include the telephone number of a contact person.

Communication towers or antennas existing on the effective date of these regulations that are damaged or destroyed may be rebuilt and all such towers or antennas may be modified or replaced; provided the type, height and location of the tower on-site shall be of the same type and intensity (or lesser height or intensity (e.g., a monopole in substitution for a lattice tower)) as the original facility approved. Building permits to rebuild any such tower shall otherwise comply with the applicable city building code requirements together with the design and construction criteria required herein, and shall be obtained within one year from the date the tower is damaged or destroyed. If no permit is obtained or said permit expires, the communication tower shall be deemed abandoned as specified in this section.

Any communication tower or antenna found not to be in compliance with code standards, or found to constitute a danger to persons or property, upon notice to the owner of the communications facility, such tower or antenna shall be brought into compliance or removal [removed] within 90 days. In the event the use of any communication tower has been discontinued for a period of one year, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the land development regulation administrator who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional 90 days within which to:

(1)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

(2)

Dismantle and remove the tower.

At the earlier of one year from the date of abandonment without reactivation or upon completion of dismantling and removal, any special permit and/or variance approval for the tower shall automatically expire.

The procedure in connection with the application and granting of special permits for essential services shall generally conform to that outlined herein; provided, however, that the criteria for the granting of a special permit for essential services shall be limited to a showing of the need for such services in the requested location, that it is in the public interest that such special permit be granted, and in compliance with the other provisions heretofore set out in this section.

Meeting the requirement of this section shall not excuse the applicant from otherwise complying with the Comprehensive Plan and these Land Development Regulations. The city commission shall have the right and authority to waive certain requirements of this section where it is found that a literal application or enforcement of this section would result in practicable difficulty or unnecessary hardship and relief granted would not be contrary to the public interest or intent of this section, but will do substantial justice and remain in accordance with the spirit of this section. As a minimum, any request for such waiver shall meet the criteria for a variance as specified herein.

In addition, an application for a special permit for any communication tower or use of an alternative tower structure shall be made to the land development regulation administrator. Incomplete applications shall not be considered. A complete application shall contain the following items.

(1)

Inventory of existing communication towers owned/operated by applicant in the city. Each applicant for a tower site shall provide the city with an inventory of its existing communication towers that are either within the jurisdiction of city or within one-half mile of the border thereof, including specific location, height and design of each tower. The city staff may share such information with applicants seeking to locate communication towers within city;

(2)

Description of area of service for the communication tower identifying the use of the tower or antenna for coverage or capacity;

(3)

If required, photographic simulations of the proposed telecommunications facilities illustrating the potential visual impact;

(4)

Site plan or plans to scale specifying the location of tower(s), guy anchors (if any), accessory buildings or uses, access, parking, fences, landscaped areas and adjacent land uses;

(5)

Show legal description of the parent tract and leased parcel (if applicable). The location of the proposed communication tower in digital format compatible with the city's geographic information system, if the city has such system or similar system in place at the time. Certification by a Florida licensed land surveyor of the mean sea level elevation and topography;

(6)

Utilities inventory indicating the locations of all water, sewer, drainage and power lines impacting the proposed tower site;

(7)

Report from a professional structural engineer, licensed in the State of Florida documenting the following:

(a)

Tower height and design, including technical engineering, and other pertinent factors governing the proposed tower design. A cross-section of the tower structure shall be included;

(b)

Total anticipated capacity of the structure, including number and types of antennas which can be accommodated; and

(c)

Failure characteristics of the tower and demonstration that the site and setbacks are of adequate size to contain possible debris.

(8)

Written statement from the Federal Aviation Administration, the Federal Communications Commission and any appropriate state review authority stating that the proposed tower site complies with regulations administered by that agency or that the tower is exempt from such regulations;

(9)

Letter of intent to lease excess space on the tower structure and to lease additional excess land on the tower site until the shared use potential of the tower is absorbed, where feasible, and subject to reasonable terms. The term "where feasible", as it applies to co-location, means the utilization of tower by another party which would, at the time of such utilization, comply with sound engineering principles, would not materially degrade or impair utilization of the communication tower by existing users, would not unduly burden the tower structurally, and would not otherwise materially and adversely impact existing users. Reasonable terms for use of a communication tower and tower site that may be imposed by the owner include requirement for a reasonable rent or fees, taking into consideration the capitalized cost of the communication tower and land, rental and other charges payable by the tower owner, the incremental cost of designing and constructing the tower so as to accommodate additional users, increases in maintenance expenses relating to the tower and a fair return on investment, provided such amount is also consistent with rates paid by other co-locators at comparable tower sites;

(10)

Evidence of applicant inability to co-locate on a reasonable basis on an otherwise suitable existing communication tower for the location of proposed antenna;

(11)

Evidence that the communication tower is needed to meet the applicant's propagation requirements; and

(12)

The applicant shall provide any additional information which may be reasonable as requested by the city within 30 days from application in order to fully evaluate and review the proposed communication tower site and the potential impact of a proposed communication tower and/or antenna.

Where these Land Development Regulations require site and development plan approval, the board of adjustment shall approve all site and development plans as a condition precedent to the issuance of building permits by the land development regulation administrator. Prior to the review by the board of adjustment, the planning and zoning board, as part of a regularly scheduled agenda, shall review the site and development plan and make a recommendation to the board of adjustment.

14.12.1. Contents. The site and development plan required to be submitted by the requirements of these Land Development Regulations shall include the following elements, where applicable. For multifamily, commercial and industrial development and redevelopment these development plans shall also be in conformance with section 4.2.36, entitled Architectural Site and Design Standards:

1.

Vicinity map, indicating general location of the site, abutting streets, existing utilities, complete legal description of property in question and adjacent land use.

2.

Site plan, including, but not limited to the following:

a.

Name, location, owner and designer of the proposed development.

b.

Present zoning for subject site.

c.

Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties and any screening or buffers on such properties.

d.

Date, north arrow and graphic scale not less than one inch equal to 50 feet.

e.

Area and dimensions of site.

f.

Location of all property lines, existing right-of-way approaches, sidewalks, curbs and gutters.

g.

Access to utilities and points of utility hook-up.

h.

Location and dimensions of all existing and proposed parking areas and loading areas.

i.

Location, size and design of proposed landscaped areas (including existing trees and required landscaped buffer areas).

j.

Location and size of any lakes, ponds, canals or other waters and waterways.

k.

Structures and major features fully dimensioned including setbacks, distances between structures, floor area, width of driveways, parking spaces, property or lot lines and percent of property covered by structures.

l.

Location of trash receptacles.

m.

For multiple-family, hotel, motel and mobile home park site plans:

(1)

Tabulation of gross acreage.

(2)

Tabulation of density.

(3)

Number of dwelling units proposed.

(4)

Location and percent of total open space and recreation areas.

(5)

Percent of lot covered by buildings.

(6)

Floor area of dwelling units.

(7)

Number of proposed parking spaces.

(8)

Street layout.

(9)

Layout of mobile home stands (for mobile home parks only).

3.

Stormwater management plan, including the following:

a.

Existing contours at one-foot intervals based on United States Coastal and Geodetic Datum.

b.

Proposed finished elevation of each building site and first floor level.

c.

Existing and proposed stormwater management facilities with size and grades.

d.

Proposed orderly disposal of surface water runoff.

e.

Centerline elevations along adjacent streets.

f.

Water management district surfacewater management permit.

14.12.2. Procedure. Where, by the terms of these Land Development Regulations, approval by the board of adjustment of a site and development plan is required prior to the issuance of a building permit, 12 sets of such site and development plan shall be submitted to the land development regulation administrator to be circulated for comment to any other official or department of the city which may have responsibility for some aspect of the site and development plan.

Twelve sets of data required for site and development plan approval shall be submitted to the land development regulation administrator not less than 15 days prior to the public meeting of the board of adjustment at which the application for site and development plan approval is to be considered together with the payment of such reasonable fees as the city commission may determine through action in setting fees as set out in article 1 of these Land Development Regulations.

14.12.3. Action on site and development plan. The land development regulation administrator shall forward the application for site and development plan approval along with any comments or criticisms to the board of adjustment for consideration. The board of adjustment shall handle such matters in a public session as part of a previously prepared agenda, however, no public notice and hearing is required. All matters relating to board of adjustment consideration of site and development plans shall be a public record and approval, approval with conditions, or denial shall require formal action of the board of adjustment. A petition for a zoning amendment and an application for site and development plan approval shall not be handled concurrently. Rather, an application for site and development plan approval shall be heard only after the applicant has secured the appropriate zoning on the subject parcel. Appeals from decisions of the board of adjustment shall be heard as set out in article 12 of these Land Development Regulations.

In reaching a decision as to whether or not the site and development plan as submitted should be approved with a directive to the land development regulation administrator to issue building permits, the board of adjustment shall be guided in its decision to approve, approve with conditions, or to deny by the following standards; the board of adjustment shall show in its record that each was considered where applicable and it shall make findings in regard to those of the following standards which it finds to be applicable:

1.

Ownership, control. Sufficiency of statements on ownership and control of the development and sufficiency of conditions of ownership or control, use, and permanent maintenance of common open space, common facilities, or common lands to ensure preservation of such lands and facilities for their intended purpose and to ensure that such common facilities will not become a future liability for the city commission.

2.

Density, intended use. Density and/or the intended use of the proposed development with particular attention to its relationship to adjacent and nearby properties and effect on those properties and relationship to the comprehensive plan.

3.

Traffic. Ingress and egress to the development and proposed structures on the development, with particular reference to automotive and pedestrian safety, minimization of marginal friction with free movement of traffic on adjacent streets, separation of automotive traffic and pedestrian and other traffic, traffic flow and control, provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe, or emergency.

4.

Parking, loading. Location and relationship of off-street parking and off-street loading facilities to thoroughfares and internal traffic patterns within the proposed development, with particular reference to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and screening and landscape.

5.

Screening. Sufficiency of proposed screens and buffers to preserve internal and external harmony and compatibility with uses inside and outside the proposed development.

6.

Stormwater. Manner of stormwater management on the property, with particular reference to the effect of provisions for stormwater management on adjacent and nearby properties and the consequences of such stormwater management on overall public stormwater management capacities.

7.

Sanitary sewers. Adequacy of provision for sanitary sewers, with particular relationship to overall sanitary sewer availability and capacities.

8.

Utilities. Utilities, with reference to hook-in locations and availability and capacity for the uses projected.

9.

Recreation facilities, open spaces. Recreation facilities and open spaces, with attention to the size, location and development of the areas as to adequacy, effect on privacy of adjacent and nearby properties and uses within the proposed development, and relationship to community open spaces and recreational facilities.

10.

Amenities. General amenities and convenience, with particular reference to assuring that appearance and general layout of the proposed development will be compatible and harmonious with properties in the general area and will not be in conflict with other development in the area as to cause substantial depreciation of property values.

11.

Other standards. Such other standards as may be imposed by these Land Development Regulations on the particular use or activity involved.

14.12.4. Issuance of building permits. Upon the approval of the site and development plan application by the board of adjustment or its approval with conditions, building permits for the proposed development shall be issued by the land development regulation administrator. The development shall be built substantially in accordance with the approved site and development plan. If after such approval, should the owner/applicant or his or her successors desire to make any changes in the site and development plan, such changes shall be submitted to the land development regulation administrator. Any and all changes or deviation from that which is shown on the approved site and development plan, excepting de minimis changes as described below, the owner/applicant or his or her successors shall be required to submit the amended site and development plan for approval as set forth in section 14 of these Land Development Regulations. Failure to submit such amended site and development plan, prior to such changes being approved by the board of adjustment, shall constitute a violation of these Land Development Regulations and shall be punishable as provided in article 15 of these Land Development Regulations. Certain uses permitted by right within a zoning district will be considered de minimis and therefore be exempt from site and development plan review and approval. These de minimis changes are additions to existing enclosed buildings of up to 1,000 square feet for uses permitted by right within a zoning district; off-street parking for existing uses permitted within the zoning district; and open sheds, not exceeding 2,000 square feet, for permitted uses within industrial zoning, excepting storage as an accessory use. No changes to approved or new special exceptions shall be considered de minimis changes uses.

(Ord. No. 13-03, § 1, 7-28-2003; Ord. No. 12-08, § 3, 5-12-2008; Ord. No. 13-08, § 2, 5-12-2008)

These Land Development Regulations are required by law to be in conformance with the comprehensive plan. All development in conformance with these Land Development Regulations shall, therefore, be in conformance with the comprehensive plan.

14.13.1 Generally. No development may be approved unless the development is found to be in conformance with the city comprehensive plan and that the provision of certain public facilities will be available at prescribed levels of service concurrent with the impacts of the development on those facilities.

14.13.2 Determining conformance with the comprehensive plan. If a development proposal is found to meet all the requirements of these Land Development Regulations, it shall be presumed to be in conformance with the comprehensive plan in all respects except for compliance with the concurrency requirement. Any aggrieved or adversely affected party may, however, question the consistency of a development proposal with the comprehensive plan. If a question of consistency is raised, the land development regulation administrator or any of the appointed boards, or the city commission depending on which is responsible for approving the development, shall make a determination of consistency or inconsistency and support that determination with written findings.

14.13.3 Maintaining level of service standards. The city shall require a concurrency review to be made with applications for development approvals and a certificate of concurrency issued prior to development. The review will analyze the development's impact on traffic circulation, sanitary sewer, solid waste, drainage, potable water, and recreation and open space. This review shall determine if the proposed development is concurrent with level of service standards to the above-stated facilities. If the application is deemed concurrent, a certificate of concurrency will be issued by the land development regulation administrator. If the development requires any other development permit, a copy of the certificate of concurrency shall be included with any future application for a development permit. A separate concurrency review shall not be required for each development permit for the same project. Concurrency review addresses only the availability of public facilities and capacity of services and a certificate of concurrency does not represent overall development approval.

If the application for development is not concurrent, the applicant shall be notified that a certificate cannot be issued for the development. The burden of showing compliance with the adopted levels of service and meeting the concurrency test shall be upon the applicant.

The city commission shall review applications for development and a development approval shall be issued only if the proposed development does not lower the existing levels of service of public facilities and services below the adopted level of service in the comprehensive plan.

14.13.3.1 Generally.

1.

The adopted level of service shall be maintained.

a.

No development activity may be approved unless it meets the following requirements designed to ensure that certain public services are available at prescribed levels of service concurrent with the impacts of development.

b.

However, the prescribed levels of service may be degraded during construction of new facilities if upon completion of the new facilities the prescribed levels of service will be met.

2.

Determination of available capacity. For purposes of these Land Development Regulations, the available capacity of a facility shall be determined by adding together:

a.

The total excess capacity of the existing facilities with the total capacity of new facilities. The capacity of new facilities may be counted only if one or more of the following is shown:

(1)

Construction of the new facilities is under way at the time of application.

(2)

The new facilities are the subject to a binding executed contract for the construction of the facilities or the provision of services at the time the development permit is issued.

(3)

The new facilities have been included in the city annual capital budget.

(4)

The new facilities are guaranteed in an enforceable development agreement which may include, but is not limited to, development agreements pursuant to F.S. §§ 163.3220—163.3243, or an agreement or development order pursuant to F.S.ch. 380. Such facilities must be consistent with the capital improvements element of the comprehensive plan and approved by the city commission.

(5)

The developer has contributed funds to the city necessary to provide new facilities consistent with the capital improvements element of the comprehensive plan. Commitment that the facilities will be built shall be evidenced by and appropriate budget amendment and appropriation by the city or other governmental entity.

b.

Subtracting from that number the sum of:

(1)

The demand for the service created by existing development or previously approved development orders; and

(2)

The new demand for the service that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

3.

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

14.13.4 Procedures for concurrency determination. A concurrency test shall be made of the following public facilities and services for which level of service standards have been established in the comprehensive plan, which are: (1) traffic circulation; (2) sanitary sewer; (3) solid waste; (4) drainage; (5) potable water; and (6) recreation and open space.

1.

For traffic circulation the following determination procedures shall apply:

a.

The city shall provide level of service information as set forth in the most recent data and analysis report in support of the comprehensive plan. If this level of service information indicates a level of service failure, the applicant may either: (1) accept the level of service information as set forth in the most recent data and analysis report supporting the comprehensive plan; or (2) prepare a more detailed highway capacity analysis as outlined in the Highway Capacity Manual, Special Report 209 (1985), or a speed and delay study following the procedure outlined by the Florida Department of Transportation, Traffic Engineering Office in its Manual for Uniform Traffic Studies.

b.

If the applicant chooses to do a more detailed analysis the: (1) applicant shall submit the completed alternative analysis to the land development regulation administrator for review; and (2) land development regulation administrator shall review the alternative analysis for accuracy and appropriate application of the methodology.

c.

If the alternative methodology, after review and acceptance by the land development regulation administrator, indicates an acceptable level of service, the alternative methodology shall be used in place of the most recent data and analysis to support the comprehensive plan.

d.

Any proposed development generating more than 750 trips a day shall be required to provide a trip distribution model, in addition to the requirements outlined above.

e.

The city establishes the urban service area transportation concurrency exception area (TCEA) which is coincident with the transportation enhancement project area (TEPA); in cases where the line delineating the TEPA/TCEA bisects a parcel under common ownership, the entire parcel shall be deemed to be located within the TEPA/TCEA.

All land uses and development located within the TCEA, shall be excepted from transportation concurrency for roadway level of service standards. Developments outside of the TCEA shall be required to meet transportation concurrency standards.

Transportation concurrency exception granted within the TCEA shall not relieve development from meeting the policy requirements set within this section to address transportation needs within the TCEA, except as delineated within this section.

Development responsibilities. In order to promote orderly development within the transportation enhancement project area/transportation concurrency exception area all development within this area shall meet the following standard

Level A - For all development within the TCEA:

1.

Sidewalk connections from the development to existing and planned public sidewalk along the development frontage;

2.

Cross-access connections/easements or joint driveways, where available and economically feasible;

3.

Deeding of land or conveyance of required easements along the property frontage to the city, as needed, for the construction of public sidewalks, bus turn-out facilities and/or bus shelters;

4.

Closure of existing excessive, duplicative or unsafe curb cuts or narrowing of overly wide curb cuts at the development site;

5.

Provision of safe and convenient on-site pedestrian circulation such as sidewalks and crosswalks connecting buildings and parking areas at the development site;

6.

Provision of shading through awnings or canopies over public sidewalk areas to promote pedestrian traffic and provide protection from the weather;

7.

Funding of streetscaping/landscaping (including pedestrian scale lighting) on public rights-of-way or medians as coordinated with general services department;

8.

Business operations that can be proved to have limited or no peak hour roadway impact shall be exempt from these requirements.

Level B - For all development generating 80 p.m. peak hour trips or greater as determined by the City of Newberry.

The city shall apply requirements as demonstrated by a needs analysis of the city general services administration, based upon the department's determination of the impacts of the development.

1.

Intersection and/or signalization modifications to improve level of service and safety and address congestion management;

2.

Addition of dedicated turn lanes into and out of the development;

3.

Construction of bus shelters built to city specifications;

4.

Construction of bus turn out facilities;

5.

Provision of a new transit route (operations and capital costs);

6.

Payments to a transit service provider as selected by the city to provide or to increase existing bus service;

7.

Construction of public sidewalks to increase pedestrian mobility and safety;

8.

Deed of land for the addition and construction of bicycle lanes or construction of bicycle lanes to city specifications;

9.

Provisions of park and ride facilities;

10.

Construction of new road facilities which provide alternate routes to reduce congestion;

11.

Addition of lanes on existing road facilities, where acceptable to the city; and

12.

An innovative transportation related modification or standard submitted by the developer, where acceptable to and approved by the city.

2.

For sanitary sewer, solid waste, drainage, potable water, and recreation and open space the following determination procedures shall apply:

a.

The city shall provide level of service information as set forth in the most recent data and analysis report in support of the comprehensive plan.

b.

If such level of service information indicates that the proposed project would not result in a level of service failure, the concurrency determination would indicate that adequate facility capacity at acceptable levels of service was available.

c.

If such level of service information indicates that the proposed project would result in a level of service failure, the concurrency determination would be that adequate facility capacity at acceptable levels of service was not available at the date of application or inquiry.

3.

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

a.

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

b.

Adequate school facilities are available in an adjacent SCSA, and when adequate capacity at the adopted LOS standards will be in place; or

c.

Under construction in the adjacent SCSA within three years, as provided in the School Board of Alachua County Five-Year District Facilities Plan for School Concurrency adopted as part of the capital improvements element, after the issuance of the final development order; or

d.

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

e.

The proposed development type is listed as exempt in Policy 2.4.2. of the public school facilities element and thus is not required to provide the adopted level of service.

f.

For the purposes of making public school concurrency determinations, the School Board of Alachua County staff shall conduct a concurrency review for all development plan applications subject to school concurrency. This review shall include findings and recommendations to the city on whether there is adequate school capacity to accommodate the proposed development. The city will issue a concurrency determination based on the School Board of Alachua County staff's written findings and recommendations. The concurrency review and determination shall be in accordance with the provisions of the interlocal agreement for public school facility planning including the maps of the school concurrency service areas (SCSAs).

g.

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

h.

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

i.

In the event that the findings and recommendations from the school board staff state that there is not sufficient school capacity to meet the adopted LOS standards in the affected school concurrency service area or an adjacent school concurrency service area to address the impacts of a proposed development, the following standards shall apply. Either: (1) the final development plan must provide capacity enhancement sufficient to meet its impacts through proportionate share mitigation in accordance with public school facilities element Objective 2.5; or (2) the final development plan may not be approved until sufficient capacity enhancement to meet the level of service can be assured.

14.13.5 Determination of project impact. The impact of proposed development activity on available capacity shall be determined as follows:

14.12.5.1 Building permits. The issuance of a building permit has more of an immediate impact on the level of service for public facilities than may be the case with the issuance of other types of development orders. Therefore, building permits shall be issued only when the necessary facilities and services are in place. The determination of the existence of the necessary facilities and services being in place shall be made by the land development regulation administrator as part of the certificate of concurrency compliance procedure. For traffic circulation, this determination shall apply to the adopted level of service standards for roads within the city jurisdiction. All public facility impacts shall be determined based on the level of service of the facility throughout the facility geographic service area.

14.13.5.2 Other types of development orders. Other types of development orders include, but are not limited to, approval of subdivisions, rezoning, special permits and site and development plan approval. These other types of development orders have less immediate impacts on public facilities and services than the issuance of a building permit. However, public facilities and services must be available concurrent with the impacts of development permitted by these other types of development orders. Therefore, subject to the land development regulation administrator determining that the necessary facilities or services are in place and are maintaining the adopted level of service, the following concurrency management requirements shall apply for the issuance of such development orders:

1.

Provisions shall be included within the development order which shall require the construction of additional public facility capacity, where public facilities, due to the impacts of the development proposal do not meet the adopted level of service; and

2.

Such provisions shall require the necessary public facilities be constructed by the developer and at the developer's expense, or by the public or private entity having jurisdictional authority over the facility to the adopted level of service so that the necessary facilities and services will be in place when the impacts of the development occur and within conformance with the five-year schedule of improvements found within the capital improvements element of the comprehensive plan.

14.13.6 For development orders and permits, the following determination shall apply:

1.

If an applicant desires to determine whether there is sufficient capacity to accommodate their proposed project, the land development regulation administrator shall make an informal nonbinding determination of whether there appears to be sufficient capacity in the public facilities and services to satisfy the demands of the proposed project.

If there appears to be insufficient capacity, the land development regulation administrator shall then make a determination of what public facilities or services would be deficient if the proposed project were approved.

2.

There are certain development approvals that are ineligible to receive concurrency reservation because they are too conceptual and, consequently, do not allow an accurate assessment of public facility impacts. These development approvals are land use amendments to the comprehensive plan and rezoning requests. Those development approvals shall receive a nonbinding concurrency determination.

3.

Any concurrency determination, whether requested as part of an application for development approval or without an application for development approval, is a nonbinding determination of what public facilities and services are available at the date of inquiry. The issuance of a certificate of concurrency compliance shall be the only binding action which reserves capacity for public facilities and services.

14.13.7 Certificate of concurrency compliance. A certificate of concurrency compliance shall only be issued upon final development approval. The certificate of concurrency compliance shall remain in effect for the same period of time as the development order or permit granting final development approval. If the development approval does not have an expiration date, the certificate of concurrency compliance shall be valid for 12 months from the date of issuance.

14.13.8 Application priority. In such cases where there are competing applications for public facility capacity, the following order of priority shall apply:

1.

Issuance of a building permit based upon previously approved development orders permitting redevelopment;

2.

Issuance of a building permit based upon previously approved development orders permitting new development;

3.

Issuance of new development orders permitting redevelopment;

4.

Issuance of new development orders permitting new development.

14.13.9 Concurrency management system. The following conditions apply to the city concurrency management system:

1.

Amendments to the city comprehensive plan can be made twice each year and as otherwise permitted as small scale developments. In addition, changes can be made to the capital improvements element of the comprehensive plan by ordinance if the changes are limited to the technical matters listed in F.S. §§ 163.3161—163.3215.

2.

No development or development permit order shall be issued which would require the city commission to delay or suspend construction of any of the capital improvements on the five-year schedule of the capital improvements element of the comprehensive plan.

3.

If by issuance of a development order or development permit a substitution of a comparable project on the five-year schedule is proposed, the applicant may request the city commission to consider an amendment to the five-year schedule in one of the twice annual amendment reviews.

4.

The result of any development failing to meet the required level of service standards for public facilities shall require a halting of the affected development or the reduction of the standard for level of service, which will require an amendment to the comprehensive plan.

(Ord. No. 03-10, § 1, 5-24-2010)

The city commission shall use the level of service standards listed within the elements of the comprehensive plan for making concurrency determinations.

(Ord. No. 03-10, § 1, 5-24-2010)

14.14.1. Authority. The city commission may, in its sole discretion, decide to enter into development agreements in accordance with the provision of this section and applicable Florida law.

14.15.2. Application. A proposed development agreement may be presented to the city commission upon payment of an application fee as prescribed within the Resolution No. 25-05, as amended. The application shall set forth all of the items required to be included in a development agreement pursuant to this section of the Land Development Regulations.

14.15.3. Hearings. The city commission shall conduct two public hearings on an application for development agreement. Prior to the city commission public hearings, the local planning agency shall hold one public hearing on the proposed development agreement and forward a recommendation to the city commission.

14.15.4. Notice for local planning agency. Notice for intent to consider a development agreement shall be provided as follows:

1.

By mailing by certificate of mailing, at least ten days before the public hearing, to all "affected property owners" within 400 feet of the property boundary of the subject property.

2.

By publication, at least ten days before the public hearing, in a newspaper of general circulation in Alachua County.

3.

Notice shall specify the location of land subject to the development agreement; the proposed development uses; the proposed population densities; the proposed building intensities; and, shall specify a place where a copy of the proposed development agreement can be obtained.

14.15.5. Notice for city commission. Notice of intent to consider a development agreement shall be provided as follows:

1.

By mailing by certificate of mailing, at least ten days before the first public hearing, to all "affected property owners" within 400 feet of the property boundary of the subject property.

2.

By publication, at least ten days before each public hearing, in a newspaper of general circulation in Alachua County.

3.

The day, time and place at which the second public hearing will be held shall be announced at the first public hearing.

4.

Notice shall specify the location of land subject to the development agreement; the proposed development uses; the proposed population densities; the proposed building intensities; and, shall specify a place where a copy of the proposed development agreement can be obtained.

14.15.6. Criteria for review. In reaching a decision as to whether or not the development agreement should be approved, approved with changes, approved with conditions, or disapproved, the city commission shall determine:

1.

Whether the development agreement and the authorized development is consistent with the city's comprehensive plan and Land Development Regulations; and

2.

Whether it furthers the public health, safety and welfare to enter into the development agreement.

14.15.7. Contents of adopted agreements. An approved development agreement shall contain, at a minimum, the following items:

1.

A legal description and boundary sketch of the land subject to the development agreement, and the names of its legal and equitable owners;

2.

The duration of the agreement;

3.

The development uses permitted on the land, including population densities, and building heights and intensities;

4.

A description of public facilities that will serve the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of development;

5.

A description of all local development permits approved or needed to be approved for the development of the land;

6.

A description of any reservation or dedication of land for public purposes;

7.

Findings to show how the development permitted or proposed is consistent with the city's comprehensive plan and Land Development Regulations;

8.

A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city for the public health, safety, or welfare of its citizens; and

9.

A statement indicating that the failure of the development agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. Requirements that the entire development or any phase thereof be commenced or completed within a specific period of time may be proscribed within the terms of the development agreement.

14.15.8. Duration of a development agreement. The duration of a development agreement shall not exceed ten years. It may be extended by mutual consent of the city and the developer, subject to a public hearing before the city commission in accordance with section 14.15.5.

14.15.9. Consistency with the comprehensive plan and Land Development Regulations. A development agreement and authorized development shall be consistent with the City of Newberry Comprehensive Plan and Land Development Regulations.

14.15.10. City of Newberry laws and policies governing development agreements. The city's laws and policies governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement. The city may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the city commission has held a public hearing and determined:

1.

They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement; or

2.

They are essential to public health, safety and welfare, and expressly state that they shall apply to a development that is subject to a development agreement; or

3.

They are specifically anticipated and provided for in the development agreement; or

4.

Substantial changes have occurred in pertinent conditions existing at the time of the approval of the development agreement; or

5.

The development agreement is based on substantially inaccurate information supplied by the developer.

Prior to conducting a public hearing to consider the application of subsequently adopted laws and policies, the city shall provide, except in case of emergency, 30 days' written notice to all parties to the development agreement. This provision does not abrogate any rights that may vest pursuant to common law.

14.15.11. Recordation and effectiveness. The city shall record the development agreement within 14 days of entering into the development agreement, with the Clerk of Circuit Court of Alachua County. A copy of the recorded development agreement shall not be effective until it is properly recorded in the public records of Alachua County, and until 30 days after having been received by the department of community affairs pursuant to this section. The burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties of the development agreement.

14.15.12. Review. The city commission shall review land subject to a development agreement at least once every 12 months to determine if there has been a demonstration of good faith compliance with the terms of the development agreement. For each annual review conducted during the years six through ten of a development agreement, the review shall be incorporated into a written report, which shall be submitted to the parties to the development agreement and the department of community affairs. If the city commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the city commission may revoke or modify the development agreement.

(Ord. No. 26-06, § 1, 8-28-2006; Ord. No. 03-10, § 1, 5-24-2010)

14.16.1 Purpose and intent. The purpose of this section 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).

14.16.2 Applicability. The proportionate fair-share program shall apply to all developments in City of Newberry that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the City of Newberry Concurrency Management System (CMS), including transportation facilities maintained by the Florida Department of Transportation (FDOT) or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of Section 14.14. The proportionate fair-share program does not apply to developments of regional impact (DRI) using proportionate fair-share under F.S. § 163.3180(12), or to developments exempted from concurrency as provided in the City of Newberry Comprehensive Plan and this article of the Land Development Regulations, and/or F.S. § 163.3180, regarding exceptions and de minimis impacts. Further, in conformance with the provisions of F.S. § 163.3180, de minimis impacts are more specifically defined herein as uses permitted by right within the same zoning district will be defined and additions to such permitted principal uses existing within enclosed buildings of up to and including 1,000 square feet; associated off-street parking; open sheds not exceeding 2,000 square feet for permitted principal uses within industrial zoning, excepting storage as an accessory use. No special exceptions or additions to special exceptions shall be considered de minimis under the provisions of this section.

14.16.3. General requirements.

(1)

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

(a)

The proposed development is consistent with the comprehensive plan and applicable Land Development Regulations;

(b)

The five-year schedule of capital improvements in the City of Newberry CIE or the long-term schedule of capital improvements for the adopted long-term CMS, which includes transportation improvement(s) that, upon completion, will satisfy the requirements of the City of Newberry transportation CMS. The provisions of subsection 14.16.2(2) may apply if a project or projects needed to satisfy concurrency are not presently contained within the city's CIE or an adopted long-term schedule of capital improvements.

(2)

The City of Newberry may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share program by contributing to an improvement that, upon completion, will satisfy the requirements of the City of Newberry transportation CMS, but is not contained in the five-year schedule of capital improvements in the CIE or the long-term schedule of capital improvements for an adopted long-term CMS, where the following apply:

(a)

The City of Newberry adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the City of Newberry City Commission, and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1, consistent with the comprehensive plan, and in compliance with the provisions of this ordinance. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities.

(b)

If the funds allocated for the five-year schedule of capital improvements in the City of Newberry CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, the City of Newberry may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system.

The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year capital improvements schedule of the comprehensive plan or the long-term schedule of capital improvements of the adopted long-term concurrency management system at the next annual capital improvements element update.

(3)

Any improvement project proposed to meet the developer's fair-share obligation must meet design standards of the City of Newberry for locally maintained roadways and those of the FDOT for the state highway system.

14.16.4. Intergovernmental coordination. Pursuant to policies in the intergovernmental coordination element of the City of Newberry Comprehensive Plan and applicable policies in the North Central Florida Regional Policy Plan, the City of Newberry shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

14.16.5. Application process.

(1)

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the proportionate fair-share program pursuant to the requirements of section 4.16.

(2)

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the state intermodal system (SIS), then the FDOT will be notified and invited to participate in the pre-application meeting.

(3)

Eligible applicants shall submit an application to the City of Newberry that includes an application fee as established within the city's fee resolution, as amended, and the following:

(a)

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

(b)

Property location, including parcel identification numbers;

(c)

Legal description and survey of property;

(d)

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

(e)

Phasing schedule, if applicable;

(f)

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

(g)

Copy of concurrency application.

(4)

The city planning department shall review the application and certify that the application is sufficient and complete within ten business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program as indicated in section 14.16, then the applicant will be notified in writing of the reasons for such deficiencies within 30 calendar of submittal of the application. If such deficiencies are not remedied by the applicant within 30 calendar [days] of receipt of the written notification, then the application will be deemed abandoned. The City of Newberry City Commission may, in its discretion, grant an extension of time not to exceed 60 calendar days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(5)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the 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.

(6)

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 City of Newberry or the applicant with direction from the City of Newberry 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 calendar days from the date at which the applicant received the notification of a sufficient application and no fewer than 14 calendar days prior to the City of Newberry City Commission meeting when the agreement will be considered.

(7)

The City of Newberry shall notify the applicant regarding the date of the City of Newberry City Commission meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the City of Newberry City Commission.

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

(3)

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

"The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted 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 = E [(Development Trips;sub\sub;)/(SV Increase;sub\sub;)] × Cost;sub\sub;]

Where:

Development trips;sub\sub; = 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 CMS;

SV increase;sub\sub; = Service volume increase provided by the eligible improvement to roadway segment "i" per section 14.16.3;

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

(4)

For the purposes of determining proportionate fair-share obligations, the City of Newberry shall determine improvement costs based upon the actual cost of the improvement as obtained from the CIE, the transportation improvement program (TIP) or the FDOT work program. Where such information is not available, improvement cost shall be determined using one of the following methods:

(a)

The most recent issue of FDOT transportation costs, as adjusted based upon the type of cross-section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT work program shall be determined using this method in coordination with the FDOT district.

(5)

If the City of Newberry has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section.

(6)

If the City of Newberry has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at 120 percent of the most recent assessed value by the Alachua County Property Appraiser or, at the option of the applicant, by fair market value established by an independent appraisal contracted by the City of Newberry and at no expense to the City of Newberry. 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 of Newberry at no expense to the City of Newberry. If the estimated value of the right-of-way dedication proposed by the applicant is less than the City of Newberry estimated total proportionate fair-share obligation for that development, then the applicant must 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.

14.16.7. 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 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 per the proportionate fair-share agreement as they become due per the City of Newberry 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 City of Newberry pursuant to the requirements of the City of Newberry Impact Fee Ordinance.

(3)

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 local impact fee ordinance.

14.16.8. Proportionate fair-share agreements.

(1)

Upon execution of a proportionate fair-share agreement (agreement) the applicant shall receive a City of Newberry certificate of concurrency approval. Should the applicant fail to apply for a development permit within 12 months or timeframe provided in the city's capital improvements element of the execution of the agreement, then the agreement shall be considered null and void, and the applicant shall be required to reapply.

(2)

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be nonrefundable. If the payment is submitted more than 12 months from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to this article and adjusted accordingly.

(3)

All developer improvements authorized under this section must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that 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 building permits or certificates of occupancy.

(4)

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.

(5)

Any requested change to a development project 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 to the City of Newberry will be nonrefundable.

14.16.9. Selected corridor improvements. The City of Newberry City Commission may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

14.16.10. 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 of Newberry CIE, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the city commission, 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 TRIP or other FDOT agreements or programs.

(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 or sector that would mitigate the impacts of development pursuant to the requirements of this article.

Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in F.S. § 339.155, and then the City of Newberry may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT TRIP or other FDOT agreements or programs. Such coordination shall be ratified by the City of Newberry through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

(Ord. No. 27-06, § 1, 8-28-2006; Ord. No. 13-08, § 1, 5-12-2008; Ord. No. 03-10, § 1, 5-24-2010)