A.

[Requirements.] No application for a rezoning containing a master development plan, plat, site plan, special exception or building permit, or plat note amendment shall be approved which causes the following levels of service (LOS) to fall below those set forth in the comprehensive plan. This requirement shall be met by assuring that the following levels of service are met concurrently with the impacts of the development:

B.

[Available capacity a factor.] The determination of available capacity shall factor in the demand of all development that is occupied, available for occupancy, for which building permits are in effect or for which facility capacity has been reserved.

C.

Availability of facilities to satisfy concurrency. A developer shall have satisfied the requirements of this subsection if:

1.

The necessary facilities are in place at the time the development permit is issued or a plat approval is issued subject to the condition that the necessary facilities will be in place when the impacts of the development occur.

2.

The necessary facilities are under construction at the time a city development permit is issued.

3.

The necessary facilities are the subject of a binding contract executed for the construction of those necessary facilities at the time a city development permit is issued.

4.

The necessary facilities have been included in the city's, the county's or the state's annual budget at the time a development permit is issued although the facilities are not yet the subject of a binding contract for their construction.

5.

The developer demonstrates, to the satisfaction of the city's commission, through objective evidence that the development will not cause a deterioration in levels of service or that any such deterioration can be mitigated by actions of the developer, which actions shall be reduced to a written agreement satisfactory to the city.

6.

The developer has a plat for the subject property approved by the city, recorded in the public records of Broward County subsequent to March 20, 1979, or the developer has a plat for the subject property approved by the city and Broward County within the eighteen-month period prior to city commission consideration of a site plan; for plats approved only by Broward County for this period, the city commission must determine by resolution that the impacts of the proposed development shall not create impacts on the infrastructure of the city such that the ability of the city to maintain the levels of service set forth in the comprehensive plan are impeded in any way. This vesting is solely for the purpose of a concurrency determination and shall only be to the extent of the levels of development for which the plat was reviewed as set forth in the above-described resolution. This shall not relieve the applicant of any impact fee or dedication requirements contained herein.

7.

The developer has a planned unit development approved by the city which specifically provides for park and open space dedications consistent with the dedication requirements existing at the time the PUD was approved and the application is for a development permit which does not increase residential density or commercial square footage.

8.

In all cases, except as otherwise provided in F.S. § 163.3180, when adequate facility capacity does not exist at the time of development permit, then issuance of such permit shall be conditioned upon capacity becoming available concurrent with the impacts of the development.

D.

Timing of determination. For the purposes of determining concurrency, the levels of service existing at the time a completed application for plat, site plan, special exception or building permit, whichever occurs first, is submitted in accordance with the provisions herein shall be determinative provided that, if no final action is taken on the permit application within one hundred eighty (180) days, the levels of service will be adjusted to reflect any changes which have occurred during that period, and any concurrency determination shall be made based upon that adjusted data.

E.

Private property rights. Nothing in this section or the city concurrency management system regulations shall be construed or applied to result in a temporary or permanent taking of private property without due process of law.

F.

Additional adequacy requirements for roads.

1.

Any right-of-way required by the Broward County Trafficways Plan shall be dedicated by plat, deed or easement, as deemed acceptable to Broward County and the city prior to issuance of a building permit for a principal building.

2.

The applicant shall demonstrate that the local streets and roads which will serve the development will provide safe and adequate access between the regional transportation network and the proposed development and shall have the capacity to serve the proposed development at the level of service established by the city.

3.

The capacity of the local street and road network shall be determined based upon sound standards and principles of traffic engineering considering to the extent available:

a.

Existing transportation studies;

b.

The traffic generation characteristic of the proposed development;

c.

Any other information that may be relevant.

4.

In determining the capacity of the local roads, it shall be assumed that all projects funded for construction under the city's adopted capital improvements program, when such program is adopted, as well as those network improvements committed and evidenced by contract with other municipalities or county, state and federal agencies in their annual budgets have been completed and are part of such network.

5.

If it is found that the off-site local street and road network needed to provide safe and adequate access between the regional transportation network and the proposed development is unpaved, lacks the capacity to accommodate the additional traffic generated by the proposed development at the level of service or is not constructed, it shall be determined whether such paving, capacity or roadway construction will be available if all of the transportation improvements contained in the city's capital improvement plan are completed. If it is determined that such paving or capacity will be available, then the specific improvements necessary to enable the network to reach such capacity shall be identified (hereinafter referred to as necessary improvements), and the application shall be granted with an express condition regarding the adequacy of such local roads. At the sole discretion of the city commission, such condition shall require any combination of the following:

a.

That for off-site local roads the applicant shall construct to all city specifications the share of the necessary improvements proportional to the share of the additional capacity created by such improvements that is needed to accommodate traffic generated by the applicant's development; or

b.

That the applicant deposit money in the road fund, as defined in paragraph 6, below, equal to the share of the cost of the improvements that would otherwise be required in paragraph above.

6.

A road fund that is created pursuant to subparagraph F.5.b, of this section shall be maintained by the city and shall be subject to the regulations of this section. The road fund shall be expended prior to or contemporaneously with the expenditure of any other public fund necessary for the construction of the necessary improvements.

7.

Prior to the issuance of a building permit for any portion of a development, any right-of-way for local public roads within the development needed to provide safe and adequate access to the development shall be dedicated to the city by deed or plat or granted by easement.

8.

Prior to the issuance of a certificate of occupancy for a principal building within a development, the developer shall construct to all applicable city standards all local roads, both public and private, that are internal to the development (either in total or in part as pre-approved phased construction plans) and necessary to provide safe and adequate access to the development.

G.

Adequacy of fire protection service. Fire protection service is adequate to protect people and property in the proposed development; or fire protection service is not available, but there exists a fiscally feasible plan (which shall include collection of impact fees) to expand fire protection service to provide for the needs of the proposed development; and all development permits will be granted on the condition that the proposed development be restricted to coincide with the implementation of such plan. A finding that adequate fire protection service is available shall be based on a demonstration that adequate fire personnel and apparatus and an adequate water supply will be available to service the fire protection needs of the new development and that the location of the city's fire stations will provide fire service to the development within acceptable response time. The finding of adequacy shall assume payment of the impact fees provided for herein.

H.

Adequacy of police protection service. Police protection is adequate to protect people and property in the proposed development; or police protection service is not available, but there exists a fiscally feasible plan (which shall include collection of impact fees) to expand police protection service to provide for the needs of the proposed development; and all development permits will be granted on the condition that the proposed development be restricted to coincide with the implementation of such plan.

I.

Public safety impact fees. The provision of adequate fire and police protection is essential for the health and safety of the public and citizens of the City of Parkland. Without the imposition of an impact fee, the city will either, have to utilize additional general fund revenues to serve the demands of new development or experience a declining level of service as the current inventory of infrastructure serves additional new development. The impact fees set forth herein are based upon the study conducted by Willdan Financial Services dated September 12, 2019 (hereinafter referred to as the "study"), as amended from time to time (a copy of which is on file with the city clerk) which is based upon recent and localized data.

Public safety facilities impact fee is hereby imposed against all residential and nonresidential buildings constructed in the City of Parkland. Any application for a building permit in the City of Parkland shall be subject to the assessment of this fee. The impact fees shall be paid prior to receiving any building permits for a residential or nonresidential building in the City of Parkland and shall be paid based upon the schedule below. The fees shall be paid by the party applying for the building permit. No building permit shall be issued unless an impact fee imposed herein has been paid.

J.

Adequacy of local parks and recreation facilities. Land designated for residential development pursuant to the applicable land development regulations shall be designated to provide for the park, open space and recreational needs of the future residents of the development area and the necessary land developed to provide the necessary facilities to meet the level of service standards and needs of the population.

1.

In order to provide lands or funds or both to be used to provide and develop community and neighborhood parks necessary to meet the needs for such local level parks created by (and to benefit) additional residential development within the city, a developer, prior to the issuance of a building permit for a principal residential building, must pay the following parks facilities impact fee based upon a minimum level of service standard of five (5) acres per thousand residents (and supported by the study, as amended from time to time, which is based upon recent and localized data):

2.

For planned residential developments and all residential developments in excess of ten (10) acres, the developer also shall, to the satisfaction of the city commission, identify the availability of five (5) acres of additional park, recreation and open space areas on site per thousand residents of the development which will meet local level park, recreation and open space needs attributable to the development. Such additional park, recreation and open space areas, may include the following:

a.

Fifty (50) percent of lakes or water bodies (on site) which at the narrowest point are at least seventy-five (75) feet wide.

b.

Private recreation and open space areas at least one-half (½) acre in size minimum.

c.

Public trails and paths outside of public rights-of-way.

d.

Commercial recreation (on site) which may be public or private at the option of the developer.

e.

Buffer areas and entrance treatments at least fifteen (15) feet width that are located along public roadways identified on the Broward County Trafficways Plan or the city's traffic element. For the purpose of this calculation, the developer shall be required to count and preserve environmentally sensitive areas.

In the event that the developer cannot identify such additional park, recreation and open space level of service as set forth in subsection J.2., the developer must demonstrate to the satisfaction of the city commission that such deficiency can be mitigated by actions of the developer, which actions shall be reduced to a written agreement satisfactory to the city provided that the requirement to identify the additional five (5) acres in subsection J.2. shall not apply to the development of a single-family residence on a lot of record as of February 7, 1990 or developments of less than ten (10) acres.

K.

Adequacy of school facilities; school concurrency. Land designated for residential development pursuant to the applicable land development regulations shall provide for the educational needs of the future residents of the developed area in accordance with the applicable requirements of the Broward County Land Development Code. All plats, replats, plat note amendments, findings of adequacy, or site plans with a residential component shall be subject to the public school concurrency requirements as set forth in subsection 5-182(m) of the Broward County Land Development Code, as amended from time to time, which regulations and requirements are incorporated herein by reference. The burden shall be on the applicant to ensure compliance with this section, and the applicant shall provide the necessary documentation from Broward County demonstrating satisfaction of these requirements.

L.

Adequacy of government buildings and library facilities.

1.

Government buildings include: administrative buildings, public works buildings, maintenance buildings, storage buildings and similar facilities. Adequate government buildings are essential to the proper administration of municipal services. The buildings and land which house the municipal administration and legislative staff and personnel must be sufficient to adequately serve the proposed development considering any increase in staff requirements necessary to serve the proposed development. Adequacy of such government buildings is a precondition to the approval of any development permit.

2.

Libraries are an essential part of the educational and cultural enrichment of the community and facilities must be adequate to serve the entire population of residents, including new residents created by proposed development. These facilities must be sufficient to meet the needs of residents who will reside in new development as a condition of any development permit.

3.

The provision of adequate general government buildings and library facilities is essential for the existing/achieved level of service (LOS) for the citizens of the City of Parkland. The impact fees set forth herein are based upon the study, as amended from time to time, which is based upon recent and localized data.

4.

For the purposes of the government building and library impact fees, a building shall be considered any structure having a roof and four (4) walls or used or built for the shelter or enclosure of person, animals, chattels, or property of any kind.

5.

General government buildings impact fees. A general government buildings impact fee is imposed on all residential and nonresidential buildings constructed in the City of Parkland. Any application for a building permit in the City of Parkland subsequent to the effective date of the ordinance from which this chapter is derived shall be subject to the assessment of this fee. The impact fees shall be paid prior to receiving any building permits for a residential or nonresidential building in the City of Parkland and shall be paid based upon the schedule set forth below. The fees shall be paid by the party applying for the building permit. No building permit shall be issued unless the impact fee imposed herein has been paid.

6.

Library facilities impact fees. A library facilities impact fee is hereby imposed against all residential dwelling units constructed in the City of Parkland. Any application for a building permit in the City of Parkland subsequent to the effective date of the ordinance from which this chapter is derived shall be subject to the assessment of this fee. The impact fees set forth herein are based upon the study, as amended from time to time, which is based upon recent and localized data. The impact fees shall be paid prior to receiving any building permits for a residential dwelling unit in the City of Parkland and shall be paid based upon the schedule set forth herein. The fees shall be paid by the party applying for the building permit. No building permit shall be issued unless an impact fee imposed herein has been paid. Unless otherwise specifically provided for herein the fees imposed herein are not refundable.

M.

Adequacy of multipurpose trails and pedestrian circulation systems.

1.

The applicant shall provide a multipurpose system of access parallel to roads identified in the Broward County Trafficways Plan or shown in the city's transportation element. Where feasible, the trail system may be place in the right-of-way as a separate area for use by pedestrian, bicycle and equestrian traffic. Where not feasible in the right-of-way, the applicant shall dedicate the necessary property and construct the trail system abutting its property. To the extent feasible the trail shall contain the following elements:

a.

An eight-foot-wide path (either grass or mulch) for use by equestrian traffic; and

b.

A six-foot-wide concrete sidewalk.

2.

In addition, connectors or links from the trafficways to parks, schools and other community facility land uses in the city shall be dedicated and constructed to the extent they are adjacent to the development in question. In order to provide a complete circulation system for the residents of the city prior to final plat approval or site plan approval, the developer shall designate and reserve for public use the necessary right-of-way and bond for the construction of the multipurpose recreational system necessary to provide access to the development along the rights-of-way set forth above. This dedication and construction requirement shall be set forth in the staff report to the planning and zoning board and the city commission.

3.

Where an applicant claims that dedication or construction of the trail system or sidewalk as required herein is not feasible, not properly applied to applicant's development, or in any other way unenforceable, the applicant shall file an appeal directed specifically to this requirement with the planning and zoning director. The appeal shall set forth the complete basis, both factual and legal, for the request for relief from the requirement or other claim of entitlement to relief, exemption, or nonapplication of this provision, and shall be in accordance with the procedures for appeals of administrative decisions provided in section 55-1510, administrative appeals. Where the application must be approved by the city commission, the appeal shall be taken prior to city commission review of the application. In such case, the hearings of the development order application shall be suspended until such time as the administrative appeal is complete.

N.

Consideration of impact on environmentally sensitive lands. If a proposed development includes all or any part of any lands identified as environmentally sensitive by the city's comprehensive plan or other adopted plan, whether said identification be site specific or by the inclusion of certain identified vegetation, the applicant shall submit to the city an environmental impact report identifying the effects that the proposed development would have on the unique natural qualities and resources of the area. The report shall be prepared in accordance with procedures and standards established by the planning and zoning director. The application for plat or site plan approval may be approved subject to conditions established by the city commission which have been determined to be necessary to minimize any adverse environmental impact to be caused by the proposed development.

O.

Consideration of impact on aquifer recharge. If a proposed development is located in a potable water well field cone of influence as identified by the city's comprehensive plan, the applicant shall design the development in a manner to protect the public water supply. Development shall follow the applicable SFWMD and Broward County standards. The proposed development shall be designed to provide adequate areas for the construction and maintenance of a water management system to serve the proposed development in a manner which conforms to sound engineering standards and principles.

(Ord. No. 2020-007, § 1, 9-14-2020)

The impact fees set forth above are designed to represent the new development's proportionate share of the capital costs associated with providing necessary infrastructure capacity to serve the new development. The Florida Legislature has found, in F.S. § 163.31801, that impact fees are an important source of revenue for local government to use in funding the infrastructure necessitated by new growth. The City of Parkland concurs in these findings. The purpose of an impact fee is to assure new development pays its fair share for infrastructure which is necessitated by new growth and that the fees paid will benefit the new growth. The impact fees adopted are roughly proportional and reasonably connected to, and have a rational nexus with, the need for additional infrastructure capital facilities and the increased impact generated by new construction.

A.

Annual adjustment of fees.

1.

The city manager shall annually adjust the impact fees schedules provided herein by indexing the schedule to inflation as defined by the Engineering News Record, "Construction Cost Index," but no increase shall exceed five (5) percent in any year without a recalculation of fees and amendment to this chapter. The first indexing calculation adjustment shall occur during 2012-2013 budget year using the construction cost index for the previous budget year. The adjusted impact fee schedule shall be on file with the department of planning and zoning and city clerk.

2.

Unless otherwise directed by the city commission, any adjustments to the general government buildings and library facilities impact fees made pursuant to this section, shall be effective October 1 of each calendar year.

3.

If the construction cost index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised.

B.

Exemptions. The following shall be exempted from the obligation to pay impact fees:

a.

Any alteration, expansion or replacement of an existing non-residential building where the use of the structure is not changed and interior square footage is not increased; or the alteration, expansion or replacement of any existing residential building where interior square footage is not increased by more than thirty-three (33) percent for a residential building.

b.

Government or public facilities owned by the federal, state, county or city government or the South Florida Water Management District where the building or facility is related to the operation of those entities.

c.

Full or partial replacement (without any increase in size) of buildings destroyed by fire or act of God.

C.

Accounting. The city shall provide for an annual accounting in reporting of all impact fee collections and expenditures. Said revenues and expenditures shall be contained in a separate accounting fund specifically created for the purpose of infrastructure needs and capital equipment for the specific impact fee collected. Any administrative charges related to the collection of impact fees shall be solely based upon actual cost.

D.

Audit. The annual audit of financial statements of the City of Parkland that are submitted to the auditor general shall include an affidavit signed by the chief financial officer of the city stating that the city has complied with the requirements of F.S. § 163.31801, as amended from time to time; said affidavit shall be filed as prescribed by F.S. 163.3101.

E.

Expenditure of funds. The city shall expend, or commit for expenditure, any impact fees received within seven (7) years of payment; if not expended or committed within that time frame the fees shall be returned to the feepayer upon request of the feepayer provided said request is made within three (3) months of the conclusion of the seven-year period and provided said refund contains an affidavit that the person requesting the refund is the owner of the property on behalf of which the impact fee was paid, together with evidence of payment of the fee. All funds expended shall be used for projects which benefit the development which paid the funds and for the purpose for which the particular impact fee was paid (libraries for library facilities fee and government buildings for government buildings fee etc.). Funds shall only be used for the acquisition, expansion or improvement of buildings, structures or real property, capital facilities, or equipment made necessary by the new development and needed to mitigate the impact of new development.

F.

Refund, credits, or other relief.

(a)

Petition process.

(1)

Petitions for an impact fee determination, refund of impact fees or credit against impact fees shall be submitted using the petition process, requirements and time limits provided herein. All petition requests shall be accompanied by a fee of one hundred dollars ($100.00).

(2)

All petitions shall be submitted to the city manager for processing and preparation of a staff report and recommendations by the appropriate staff on the petition. The final determination on the petition shall be issued by the city manager. The staff report and recommendations shall be forwarded to the city manager no later than sixty (60) days after filing of a complete petition. The city manager shall, no later than ninety (90) days after filing of the complete petition, issue a written determination on the petition, with the reasoning for the determination, and, if needed, direct the appropriate city staff to take the actions necessary to implement the determination.

(3)

The city manager, or authorized representative, is authorized to determine whether a petition is complete and whether additional data or supporting statements by an appropriate professional are needed for evaluation of the petition. Determination of the completeness of a petition is solely at the judgment of the city. If the city manager, or authorized representative, determines that the petition is not complete, a written statement identifying insufficiencies of the petition shall be provided to the petitioner within thirty (30) days of initial filing of the petition. The date of such written determination of insufficiency shall toll the time limits established in this section until submittal of a complete petition.

(4)

Upon written agreement by the city manager and the petitioner, the time limits in this section may be waived for any reason, including, but not limited to, the submittal of additional data and supporting statements by the petitioner.

(5)

The city manager's determination on a petition shall be based on the impact fee calculation methodology in the study and any other matters related to the claims set forth in the petition.

(6)

Except as otherwise provided in this subsection, the filing of a petition shall stay action by the city on the application for building permit and any other city action related to the development. No building permit or other city action shall be issued for development for which a petition has been filed unless the total impact fees due, as determined by the city and including any applicable administrative charge, have been paid in full or a sufficient letter of credit satisfactory to the city attorney has been filed with the city.

(b)

Petition for impact fee determination. Any applicant prior to or in conjunction with the submission of an application for a building permit or within thirty (30) days of the date of payment of impact fees, may petition the city manager for a determination that: i) the amount of the impact fees imposed on the new development is inappropriate based on any one (1) or more of the following reasons: the specific land use category applied to the residential or nonresidential development or based on the amount of development (dwelling units and/or gross square footage) used to calculate the impact fees or based on the service units, as identified in the technical report, to be generated by the applicant's new development as documented by studies and data supported by qualified experts, or ii) the impact fees are otherwise unlawfully imposed or are non-compliant with applicable law. The petition shall specify in detail the basis on which the applicant asserts that the amount of the impact fees is inappropriate or unlawful. The petition shall be on a form provided by the city and shall, at a minimum, include: identification of the disputed factor(s), a detailed statement asserting the basis for the dispute, the data relied upon by the petitioner, a detailed statement by a qualified professional engineer, planner or other appropriate professional, and, if filed after payment of impact fees, a dated receipt for payment of the impact fees issued by the city's building department. The applicant/petitioner shall be responsible for all costs incurred by the city in reviewing and evaluating the petition, including but not limited to, staff time and costs of outside consultants used at the discretion of the city. Failure to timely file a petition for impact fee determination shall waive any right to challenge, review or recalculate the impact fee payment.

(c)

Petition for refund of impact fees.

(1)

The current owner of property on which an impact fee has been paid may apply for a refund of such fee if:

(i)

The city has failed to appropriate or spend the collected fees by the end of the calendar quarter immediately following seven (7) years after the date of payment of the impact fee;

(ii)

The building permit for which the impact fee has been paid has lapsed for non-commencement of construction; or

(iii)

The project for which a building permit has been issued has been altered resulting in a decrease in the amount of the impact fee due.

(2)

Only the current owner of property may petition for a refund. A petition for refund must be filed within ninety (90) days of any of the above-specified events giving rise to the right to claim a refund. Failure to timely file a petition for refund shall waive any right to an impact fee refund.

(3)

The petition for refund shall be submitted to the city manager on a form provided by the city for such purpose. The petition shall contain a notarized affidavit that petitioner is the current owner of the property; a certified copy of latest tax records for the City of Parkland showing the owner of the subject property; a copy of a dated receipt for payment of the impact fee on the subject property issued by the city's building department; and a statement of the basis upon which the refund is sought. In the case of any uncertainty regarding the petitioner's right to the refund, the petitioner shall be responsible for providing adequate documentation supporting petitioner's legal rights and agreeing to indemnify and defend the city against any other claims to the refund.

(4)

Any money refunded pursuant to this subsection shall be returned with interest at the rate of two (2) percent per annum.

(d)

Petition for credits against impact fees.

(1)

Any applicant, as defined in this article, who elects to construct or dedicate all or a portion of a system improvement, as defined in this article, or, who escrows money with the city for the construction of a system improvement, may, if all criteria in this article and this subsection (d) are fulfilled, be granted a credit for such contribution against the impact fees otherwise due for the same type of system improvement. The applicant must, prior to the applicant's construction, dedication or escrow of the system improvement, submit a petition on a form provided by the city, obtain a determination of credit eligibility and the amount of any credit, and enter into a credit agreement with the city.

(2)

The petition for credit shall contain, at a minimum, the following: a certified copy of the most recently recorded deed for the subject property, preliminary engineering plans and certified cost estimates by an architect, engineer or other appropriate professional for the proposed improvement, legal description of any land proposed to be contributed, proposed schedule for completion of any construction/dedication, identification of the proposed improvement in the current adopted city capital improvement plan and the amount of impact fee funding for the improvement, and identification in detail of the development against which the credits are to apply or which will pay the impact fees to be used for the credit, including the land use type(s), number of units/gross floor area, anticipated development schedule, and legal descriptions of the subject property. The applicant/petitioner shall be responsible for all costs incurred by the city in reviewing and evaluating the petition, including but not limited to staff time and costs of outside consultants used at the discretion of the city. Any appeal of petition determinations on credits must be filed, heard, and determined prior to the applicant's construction, dedication or escrow for which the credit is requested. Failure to timely file a petition for impact fee credits shall waive any right to impact fee credits.

(3)

If it is determined that the system improvement is in the adopted, current city capital improvements plan and is funded in whole or in part with city impact fee revenue, the city manager shall determine the appropriate amount of the credit. The amount of the credit provided shall be based on actual costs certified by a professional engineer or architect submitted by the applicant and reviewed and approved by the appropriate city department. In no event shall the credit exceed the amount of impact fees budgeted for that system improvement or the amount of the impact fees for the same type of system improvements that are due from the development requesting the credit, whichever amount is smaller. If the impact fees due exceed the amount of credit, the applicant shall pay the impact fees due less the credit at the time of issuance of the building permit.

(4)

If a credit petition is approved, the applicant and the city shall enter into a credit agreement which shall provide for, but is not limited to, the following: the process to be used to verify actual costs, the value of any dedicated land or methodology to determine the value of any dedicated land, the obligations and responsibilities of the applicant, including but not limited to: (i) public bidding requirements, (ii) engineering, design and construction standards and requirements to be complied with, (iii) insurance and indemnification requirements, (iv) project inspection standards and responsibilities, (v) timing of the actions to be taken by the applicant, (vi) transfer of title to land and improvements, (vii) process for submittal of credit payment requests, and (viii) timing of payments by the city. No impact fee credits shall be given or provided until any land has been dedicated and conveyed to the city or the facilities have been constructed and accepted, or alternatively, until a bond has been posted to ensure the conveyance or construction.

(5)

The city's obligation to give impact fee credits shall be limited to the impact fees collected from the development for a period not to exceed seven (7) years from the date of approval of the agreement. The credit agreement shall provide for forfeiture of any impact fee credit remaining at the end of such seven-year period. The credit applicant shall agree to provide recorded notice to subsequent purchasers/owners of the property regarding the credit, if any, that may be available to such purchasers and shall agree to indemnify the city for any and all costs and liabilities arising from any claims by others related to the impact fee credit.

(e)

Appeal to city commission.

(1)

A petition determination by the city manager shall be final unless a written notice of appeal to the city commission is filed with the city manager within twenty (20) days of the date of the written determination by the city manager, together with payment of a one hundred fifty dollar ($150.00) fee. Such appeal may be filed by the applicant, the petitioner, or by any officer, department, board, commission, or agency of the city. Failure to timely file a request for review of a petition determination shall waive any right to further review of the petition determination.

(2)

Appeals shall be filed on a form provided by the city and accompanied by ten (10) copies of all documents for consideration by the commission, including but not limited to, the petition submittal and all accompanying documents, the petition determination, any additional documents, exhibits, technical reports, or other written evidence the appellant wants the commission to consider. The appeal must include the names of all witnesses, including experts that will testify in support of appellant's appeal, with a summary of the testimony of each witness or expert. Should the appellant want to submit additional written material after the initial filing of notice of appeal, ten (10) complete copies of such material shall be submitted to the city manager no later than thirty (30) days prior to the hearing date. If any material is submitted after that date, the commission shall reschedule the hearing to a later date to provide adequate time for review of the material by city staff and the city manager notwithstanding any time periods established under this article.

(3)

The commission on review shall have full power to affirm, reverse, or modify the action of the city manager so long as such commission action is based on applicable law and the provisions of this article. The appeal shall be heard by the commission not more than ninety (90) days after the appeal is filed by the appellant, unless the appellant and city manager agree in writing to a later time or the appellant submits additional written material less than thirty (30) days prior to the hearing. The decision of the commission shall be by resolution.

(4)

If a person decides to judicially appeal any decision made by the city commission, such person may need a record of the proceedings, and for such purpose the person may need to ensure that a verbatim record of proceedings is made which record includes the testimony and evidence upon which an appeal is to be based.

(f)

Use of funds collected. Impact fees collected pursuant to this article shall be expended only for the type of system improvements for which the impact fee was imposed. Impact fees shall be expended only on system improvements related to the demand generated by new development. Impact fees shall not be expended to eliminate any deficiencies in facilities, land or equipment related to existing development or that may result from adoption of an increased level of service. The funds collected by reason of this article shall be used exclusively for the purpose of undertaking system improvements or for financing directly, or as a pledge against bonds, revenue certificates and other obligations of indebtedness, the costs of system improvements. Impact fees shall be appropriated or expended by the end of the calendar quarter immediately following seven (7) years after the date of payment of the impact fee or such impact fees shall be subject to refund as set forth above.

(g)

Judicial Challenge. Should a court of law finally determine that any impact fee imposed pursuant to this article is invalid for any reason, then the impact fees previously in existence shall be applicable.

(Ord. No. 2020-007, § 1, 9-14-2020)

In the event that a traffic study is required, same shall be reviewed by a professional traffic engineer as a cost recovery item pursuant to article XI "cost recovery program" of chapter 2, "administration," chargeable to the applicant. The review shall determine the accuracy and completeness of the traffic study or other outstanding traffic issues not properly addressed by the applicant. The failure of the traffic study to evidence compliance with all city requirements shall be grounds for denial of a rezoning, plat, master plan, or site plan.

(Ord. No. 2020-007, § 1, 9-14-2020)

A.

Impact analysis report. An impact analysis report meeting the requirements of this section shall be submitted to the city in conjunction with an application for any development order for rezoning, plat approval, master plan or site plan approval.

B.

Review procedure.

1.

The impact analysis report shall be submitted to the planning and zoning director by the owner or authorized agent of the owner of the parcel of land which is the subject of the application for development approval. The impact analysis report for the parcel of land which is the subject of the application for development approval shall be revised as necessary in conjunction with the subsequent requests for development approval for that parcel of land pursuant to this section to reflect the facts and circumstances applicable to that time.

2.

The planning and zoning director shall prepare an administrative report, in accordance with the procedures set forth in of this section, on the application for development approval and the impact analysis report and shall transmit both reports to the planning and zoning board.

C.

Contents of impact analysis report. The impact analysis report shall contain the information necessary to evaluate the application for development approval in order to determine consistency with the city's comprehensive plan and compliance with the development review requirements set forth in this chapter, compliance with the concurrency requirements set forth herein and the levels of service set forth in the comprehensive plan and, additionally, with the applicable requirements set forth for site plans and plats in this section and the requirements of this chapter. The impact analysis report shall include the following information relative to the parcel of land which is the subject of the application for development approval in the level of detail appropriate for the type of permit requested as determined by the city (i.e., zoning, platting or site plan):

1.

Existing land use and zoning map.

2.

Vegetation survey of the property, including general vegetation, trees, and areas determined to be environmentally sensitive and/or wetlands as identified by the city's comprehensive plan.

3.

An aerial which includes the property.

4.

A location map including:

a.

Adjacent land uses;

b.

Adjacent zoning;

c.

Adjacent existing use;

d.

Adjacent existing roads;

e.

Existing rights-of-way;

f.

Proposed rights-of-way.

5.

An analysis of each of the elements contained in section 35-10, concurrency requirements for level of service, which demonstrates how each requirement will be met by either the applicant or the appropriate governmental body, including service availability letters from all applicable governments, agencies or private providers.

6.

Depending on the type of developmental approval sought (i.e., zoning, platting or site plan), information as determined by the city relating to the proposed use of the property, including the size of the parcel, the number of units, the square footage of the building floor area of nonresidential uses, the height of the buildings and the type of use.

7.

Traffic statement or traffic study. A traffic statement shall be required for any development which is anticipated (based upon accepted ITE assumptions) by the city to generate between two hundred (200) and five hundred (500) daily peak hour trips. A traffic study shall be required for any development which produces more than five hundred (500) daily peak hour trips. The traffic study shall detail the impacts on all public roads and intersections for the following areas; within one-half (½) mile of the radius of the site plan or plat where the trip generation is between five hundred (500) to one thousand (1,000) daily peak hour trips and one (1) mile where the trip generation is in excess of that amount (provided the area is within the city or unincorporated Broward County bound on three (3) or more sides by the city). In all other instances, the planning and zoning director or his or her designee shall have the authority to require a statement when the director determines that it is in the best interest of the city to do so.

8.

For all nonresidential applications, an analysis of the noise, odor, traffic, and visual impacts of the proposed development on residential neighborhoods located within five hundred (500) feet of the boundaries of the lot or parcel on which the development is located.

9.

Broward County School Board impact information letter required.

10.

The planning and zoning director may require such additional information as he/she determines is necessary to evaluate the application.

11.

In the event that the applicant owns (either legally or equitably) or controls (by either contract, option or lease for thirty (30) years or more) additional land within the city or adjacent unincorporated lands (additional land), the following additional information concerning such additional land shall be provided as part of the impact analysis report in the level of detail appropriate for the type of permit requested as determined by the city (i.e., zoning, platting or site plan):

a.

Delineation of the geographical area.

b.

General schematic representation of the land uses and densities.

c.

Points of connection of the local roads to the trafficways.

d.

Depiction of the trafficways (as shown on the Broward County Trafficways Plan as it may be amended from time to time) adjacent to or within additional land showing the existing right-of-way, the proposed right-of-way and the existing level of construction as shown on the adopted Broward County Long-Range Plan.

e.

General description of any community facilities needed to service the proposed development, including but not limited to parks, schools, public safety, community centers and municipal complexes.

f.

Schematic depiction of surface water management elements, including schematic retention areas and the points of connection to the secondary and primary canal systems.

g.

Information concerning the location of water and wastewater treatment facilities and the method of providing these services.

h.

Location of any land determined by the city to be environmentally sensitive.

(Ord. No. 2020-007, § 1, 9-14-2020)

A.

Applicability. In order 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, there shall be a program known as the proportionate fair-share mitigation program (the "proportionate fair-share mitigation program"), as required by and in a manner consistent with F.S. § 163.3180(5). The fair-share mitigation program shall apply to all developments in the city that have been notified of a lack of capacity to satisfy city transportation concurrency.

B.

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(5).

4.

For the purposes of determining proportionate fair-share obligations, the cost shall include all improvements and associated costs, such as design, rights-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. The cost shall be based upon the cost estimate contained in the capital improvement element ("CIE") as determined by the public works department. Where such information is not available, improvement cost shall be determined using the following method:

a.

If the city has accepted an improvement project proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the planning director and city engineer.

b.

If the city has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the non-site-related right- of-way shall be valued on the date of the dedication at one hundred twenty (120) percent of the most recent assessed value by the county property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the city and at no expense to the city. The applicant shall supply a drawing (both hard copy and electronic version) and legal description of the land and a certificate of title or title search of the land to the city at no expense to the city. If the estimated value of the right-of-way dedication proposed by the applicant is less than the city estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. 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 Florida Department of Transportation ("FDOT") for essential information about compliance with federal law and regulations.

C.

Proportionate fair-share agreements ("agreements").

1.

No proportionate fair share agreement will be effective until approved by the city commission. The city commission shall approve proportionate fair share agreements if it is in the best interest of the public safety, health and welfare of the city.

2.

Upon the applicant's execution of a proportionate fair-share agreement, project approval and issuance of the first development order, the applicant shall receive a certificate of concurrency. Should the applicant fail to apply for a building permit within eighteen (18) months of the execution of the agreement, then the fair-share agreement shall be considered null and void, and the applicant shall be required to reapply.

3.

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 unless a development order is abandoned following approval of an applicant's formal request to rescind approval of the applicant's preliminary or final development order, or the application expires, and the funds paid for the proportionate fair share contribution, including any impact fee credits, have not been used for their intended purpose, and no development has occurred on the applicant's proposed development site.

4.

All developer improvements authorized under this section must be completed prior to issuance of the first 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. Any required improvements shall be completed before issuance of building permits or certificates of occupancy.

5.

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

6.

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.

7.

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

8.

Proportionate fair-share agreements shall contain a provision setting forth the amount of impact fee credit if applicable.

9.

No proportionate fair-share agreement or development agreement shall be amended by the applicant, or by any agency, except by application by the applicant, or by a government agency desiring an amendment, to the planning director to amend the agreement, which application shall be reviewed by the city's development review committee and which application shall be properly noticed and heard by the planning and zoning board and city commission through the same process established for amendment of the application with which the development agreement is associated.

10.

Independent negotiations of changes in proportionate fair-share agreements or development agreements outside of the process established in this subsection is hereby prohibited. Such agreements shall not be amended by other agreements required, authorized, or otherwise permitted by state law and this Code. Reviewing agencies are required to address their concerns to the development review committee, and shall not postpone their participation to a time after the development proposal is approved.

11.

The city attorney shall review all proposed amended proportionate fair-share agreements and all proposed amended development agreements for legal sufficiency, and ensure that they are legally enforceable before they are presented to the city commission for approval. The applicant is responsible for all fees associated with the city attorney reviewing all agreements. Separate agreements that are not titled proportionate fair-share agreements or development agreements shall be consistent with the approved proportionate fair-share agreement and development agreement, and shall not be used to amend an approved proportionate fair share agreement or development agreement outside of the process herein established.

D.

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's CIE, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the city, 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.

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 roadway that would mitigate the impacts of development pursuant to the requirements in subparagraph 3.

3.

If the funds allocated for the five-year schedule of capital improvements in the city's CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, the city may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one (1) 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 at the next annual capital improvements element update.

(Ord. No. 2020-007, § 1, 9-14-2020)

A.

Installation of improvements.

1.

All improvements required from the developer as a condition to the approval of an application for a development permit shall be installed and completed before the issuance of a building permit. Any water, sewer, drainage or irrigation lines proposed or required to be constructed within the paved portion of a proposed road right-of-way shall be installed and completed before acceptance of any proposed or required road improvements by the city.

2.

As an alternative to all required improvements being installed and completed prior to the issuance of a building permit and provided that all other applicable requirements of this section are met, at the sole option of the city, the applicant may provide, in a form acceptable to the city, a cash bond or an irrevocable letter of credit in a form acceptable to the city and in sufficient amount to ensure the completion of all required improvements within a reasonable period of time or before the issuance of certificates of occupancy as required by the commission and expressed in the bond or other security.

a.

The city is authorized to enforce such bonds, security deposits or other collateral agreements by appropriate legal proceedings. If the required improvements have not been completed prior to issuance of a certificate of occupancy or as otherwise specifically indicated in the terms of such bond or other security, the city may thereupon declare the bond or other security to be in default. In addition to the city's authority to enforce agreements under this subsection, no certificate of occupancy shall be issued prior to the actual construction and installation of improvements provided for in the agreement unless expressly authorized in the agreement.

b.

With respect to improvements required by this section where such improvements are required by and bonded to any appropriate unit of local government, the city shall not require duplicate bonds or additional bonds if the city is listed as an additional obligee unless it determines that the bond or security already required is inadequate to assure completion of such required improvements. Where such improvements are not required to be bonded to any other appropriate unit of government, said security shall be payable to the city. Provided, however, with respect to improvements that will be installed, owned and maintained by any other unit of local government, the city shall not require bonds or security.

c.

The amount necessary to secure required paving, grading and drainage improvements shall be based upon approved plans for those improvements necessary for the portion of the development for which an application for a development permit has been filed and a registered professional engineer's cost estimate submitted by the applicant and approved by the city. Required improvement plans shall conform to all applicable standards. The construction plans shall be approved by the city engineer, and all necessary permits shall be obtained. The applicant shall provide security in an amount which is twenty (20) percent greater than the estimated cost of the required improvements. No security shall be accepted nor construction commenced until the provisions set forth in this subsection have been satisfied.

d.

The amount necessary to secure required pavement markings and signing improvements shall be based upon approved plans for those improvements. The pavement markings and signing improvement plans shall conform to the Manual on Uniform Traffic Control Services. No security shall be accepted nor construction commenced until the provisions set forth in this subsection have been satisfied.

B.

Agreements. The city commission is authorized to enter into developers agreements as provided for in F.S. §§ 163.3221 through 163.3241, as amended from time to time solely for the purpose of giving the city the option of using this process but not in lieu of the city's home rule powers to enter into agreements related to development matters.

(Ord. No. 2020-007, § 1, 9-14-2020)