West Palm Beach City Zoning Code

ARTICLE XVIII

- CONCURRENCY MANAGEMENT

Sec. 94-571. - Short title; authority and application.

Short title. This article shall be known as, and may be cited as, the "City of West Palm Beach Concurrency Management Ordinance."

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

Application. This article shall apply to all development within the city, as the boundaries of the city may exist from time to time.

(Code 1979, § 33-240)

Sec. 94-572. - Intent and purpose.

This article is intended to implement the comprehensive plan, by ensuring that development approved by the city shall not result in a reduction of service below the level of service standards contained in the comprehensive plan, as required by F.S. § 163.3202(2)(g).

(Code 1979, § 33-241)

Sec. 94-573. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Sec. 94-574. - Rules of construction.

In the construction of this article, the rules set forth in chapter 1 of this Code shall be observed, unless such construction is inconsistent with the comprehensive plan.

(Code 1979, § 33-243)

Sec. 94-575. - Implementation of comprehensive plan.

In order to implement the provisions of the comprehensive plan requiring that adequate public facilities are available to handle the impacts of development, and maintain the city's adopted LOS concurrent with those impacts, the city establishes, pursuant to this article;

1.
A monitoring system which enables the city to determine whether it is adhering to the adopted LOS standards and its schedule of capital improvements; and
2.
A regulatory program that ensures each public facility is available to serve development concurrent with the impacts of development on public facilities.

(Code 1979, § 33-244)

Sec. 94-576. - Concurrency monitoring system.

Generally. In order to ensure that adequate public facilities are available concurrent with the impacts of development on public facilities, the city shall establish the following monitoring practices.

Annual capital improvements element update. As provided in the comprehensive plan, the capital improvement element shall be updated annually during the budget review process. A report shall be prepared annually by the planning department in conjunction with the budget review process detailing the existing conditions of the public facilities, including their available capacities based upon their LOS, and a forecast of the capacity of existing and planned capital improvements identified in the five-year capital improvement schedule for each of the five succeeding years. The forecast shall be based on the most recently updated schedule of capital improvements for each public facility. The planning department shall also revise relevant population projections, update public facility inventories, update unit costs, and update revenue forecasts. The findings of the planning department shall be fully considered in preparing any proposed amendments to the capital improvements element, any proposed amendments to the city's annual budget for public facilities, and the review of and issuance of development orders during the next year.

Recommendation on amendments to capital improvements element and annual budget. Based upon the planning department's report described in subsection (b) of this section, the mayor shall annually propose to the city commission any amendments to the capital improvements element and the city's annual budget for capital improvements made necessary by circumstances described in the report.

(Code 1979, § 33-245)

Sec. 94-577. - Mandatory and optional review of development orders.

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

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

1.
Any developer who has submitted to the city a complete application for a final development order prior to February 1, 1990, and the application and/or project has continued in good faith;
2.
An alteration to a project which is the subject of a development order which does not create any additional impacts on public facilities;
3.
The construction of accessory buildings or structures which do not create additional impacts on public facilities;
4.
The replacement of (i) an existing dwelling unit when no additional dwelling units are created, or (ii) an existing nonresidential structure when the type of use is unchanged and no additional square footage is added; and
5.
A single-family residential unit or a duplex, to be constructed on a legal platted lot of record existing prior to February 1, 1990.

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

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

Preliminary development orders ineligible for certification.

1.
Generally. Preliminary development orders do not directly authorize development to commence or are so conceptual that they do not allow an accurate assessment of a project's impact on public facilities. Preliminary development orders require subsequent final development orders which are subject to concurrency review. Therefore, preliminary development orders are not required to be reviewed for concurrency and may not apply for or receive a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation. A concurrency determination may be requested in conjunction with preliminary development orders as described in subsection (e)(2) of this section.
2.
Requirements for preliminary development orders. The following requirements are imposed on preliminary development orders:
1. a.
  All applicants for preliminary development orders must submit with the application for the preliminary development order a signed affidavit acknowledging the eventual requirement for a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation.
2. b.
  Staff shall include as part of all preliminary development orders a condition that the issuance of any subsequent final development order is contingent upon the applicant obtaining a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation.

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

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

(Code 1979, § 33-246)

Sec. 94-578. - Procedures.

Rules of general applicability.

1.
Timing. An application for a concurrency determination, a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation may be submitted at any time during the year.
2.
Assignability and transferability. A certificate of concurrency exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation shall run with the land, but shall not be assignable to any other project.
3.
Expiration and effect. A certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation is initially valid for one year during which time an application for a final development order must be applied for as to the project for which the certificate was approved. If a final development order is approved for a project for which a certificate of exemption, a certificate of concurrency reservation, or a certificate of concurrency reservation was issued, the applicable certificate is valid for the life of the final development order for which such certificate is approved.

Procedures for determination of exemption or capacity.

1.
Submission of application. An application for either a concurrency determination, a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation shall be submitted to the planning department, on such form as is promulgated by the department. The planning department shall charge a reasonable fee to cover the processing of the application. The application shall consist of such information as required by the planning department.
2.
Determination of completeness and review. After receipt of an application, the planning department shall determine whether it is complete within 14 days after its submission. If it is determined that the application is not complete, written notice shall be forwarded to the applicant specifying the deficiencies. The planning department shall take no further action on the application unless the deficiencies are remedied.
3.
Limitation of approvals. A concurrency determination, a certificate of exemption, a certificate of concurrency reservation and a conditional certificate of concurrency reservation shall apply only to the specific land uses, densities, and intensities based on information provided in the application, and where applicable, the final development order. All applicants, to the extent required by the planning department, shall submit such applications for entire projects, rather than portions of projects. An applicant may not reserve more capacity than that reasonably required for a project which the applicant desires in good faith to proceed with promptly.
4.
Issuance of certification. Within 45 days after receipt of a complete application, the planning department shall either conclude that the application is approved or denied. If denied, the denial shall be in writing and shall include the reasons for denial. If a certificate of concurrency reservation is approved, the approval shall require the payment of a fee for reserving capacity, which fee must be paid within ten days of the issuance of such certificate, or the certificate shall be canceled. If a conditional certificate of concurrency reservation is approved, the approval shall require the payment of a fee for reserving capacity, which fee must be paid within ten days of the city commission's approval of the development agreement submitted with the application for such certificate, or the certificate shall be canceled. In either case, the final development order for which a certificate is obtained shall not be issued until the capacity reservation fee is paid. Public facility capacity shall be granted on a first-come, first-serve basis, determined as of the date and time a certificate of concurrency reservation or a conditional certificate of concurrency reservation is issued.
5.
Appeals.
1. a.
  An applicant may appeal any final decision issued pursuant to this article by the planning department by filing a written appeal with the city's zoning board of appeals within 20 days after such decision. The city's zoning board of appeals shall hear such appeal at a public hearing with reasonable notice to the appellant and shall issue its opinion within a reasonable time after such hearing.
2. b.
  The zoning board of appeals' decision shall be final for the purpose of administrative appeals, and an applicant may thereafter appeal the zoning board of appeals' decision to the circuit court having jurisdiction over the city.
3. c.
  All appellate decisions shall be based upon the criteria and standards contained in this article.

(Code 1979, § 33-247)

Sec. 94-579. - Level of service standards.

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

1.
Roads.
1. a.
  Noncity roads. The county road ordinances impose certain level of service requirements of the county on certain developments within the city. If an application for a concurrency determination, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation includes a project which is subject to the county road ordinances, the applicant must submit with such application written documentation from the county engineering department evidencing that the project shall be in full compliance with the requirements of the county road ordinances, and, if an application is for other than a concurrency determination, such compliance shall exist for the entire life of the requested certificate and all possible development orders flowing therefrom.
2. b.
  City roads LOS.
  1. 1.
    The city thoroughfare roads, as identified in the comprehensive plan, shall operate at the adopted level of service "E" as defined in the state department of transportation Generalized Daily Level of Service Table. The comprehensive plan states that the city will satisfy concurrency requirements for roads by complying with the county road ordinances, which supersede the city traffic performance standards for county thoroughfares.
  2. 2.
    The county road ordinances provide for a concurrency determination by the county engineering department if a proposed project will generate more than 1,000 vehicle trips per day, as determined by a professional traffic engineer. A traffic study may be required by the county engineering department if the number of trips approaches the 1,000 trip per day threshold. In the event that a proposed project will generate 1,000 or fewer vehicle trips per day, the planning department will maintain a cumulative total of all trips and will transmit this information to the county engineering department on a regular basis. The city shall monitor traffic counts on city urban collectors. Through this procedure, the level of service standard adopted in the comprehensive plan shall be maintained on city roads for both small and large projects.

Sanitary sewer. Sanitary sewer facilities shall operate at the following LOS:

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

3.
Solid waste. The solid waste facilities serving the city shall operate at the following LOS standards:
Collection. The city shall adhere to the franchise agreement with the solid waste authority by providing a minimum level of service for residential garbage collection of twice per week, bulk trash collection of once per week, vegetation collection of once per week, and recyclable collection of once per week.
Disposal. The city shall ensure delivery of solid waste material collected to the Solid Waste Authority (SWA) north county landfill and shall continue to seek annual certification from the SWA that it has sufficient disposal capacity to accommodate the solid waste generated for both the five-year and ten-year planning periods. The SWA certification letter shall constitute compliance with the city's solid waste LOS standard.
4.
Drainage. Drainage facilities shall operate at the following LOS standards:
DRAINAGE TYPE
LEVEL OF SERVICE
Storm sewer systems 3-year, 1-hour storm
Canal systems 25-year, 24-hour storm

5.
Potable water. Average annual water consumption rate:
MUNICIPALITY
AVERAGE ANNUAL WATER CONSUMPTION RATE (GPPD)
West Palm Beach Service Area 269

6.
Parks and recreation. Parks and recreation facilities shall operate at the following LOS standards:
PARK FACILITIES
POLICY LOS
Community Parks 2.5 acres/1,000 persons
Regional Parks 1.5 acres/1,000 persons

(Code 1979, § 33-248; Ord. No. 4449-13, § 26, 3-19-2013)

Sec. 94-580. - Standards of concurrency review.

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

1.
[Potable water, sewer, solid waste and drainage.] For potable water, sewer, solid waste and drainage, the following standards must be met, at a minimum, to satisfy the concurrency requirement:
1. a.
  The necessary facilities and services are in place at the time a final development order is issued;
2. b.
  A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;
3. c.
  The necessary facilities are under construction and bonded for completion at the time a final development order is issued; or
4. d.
  The necessary facilities and services are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (1)a—c of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city.
2.
[Parks and recreation.] For parks and recreation, the following standards must be met, at a minimum, to satisfy the concurrency requirement:
1. a.
  The necessary facilities and services are in place at the time a final development order is issued;
2. b.
  A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;
3. c.
  The necessary facilities are under construction and bonded for completion at the time a permit is issued;
4. d.
  The necessary facilities and services are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (2)a—c of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city;
5. e.
  At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed contract bonded for completion which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the final development order; or
6. f.
  The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable development agreement, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city.
3.
[Roads.] For roads, the following standards must be met, at a minimum, to satisfy the concurrency requirement:
1. a.
  The project must comply with all requirements of the county road ordinances; and
2. b.
  As to roads covered by the LOS standards, but not covered by the county road ordinances, the following must be met:
  1. 1.
    The necessary facilities are in place at the time a final development order is issued;
  2. 2.
    A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;
  3. 3.
    The necessary facilities are under construction and bonded for completion at the time a final development order is issued;
  4. 4.
    The necessary facilities are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (3)b.1—3 of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city;
  5. 5.
    At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the final development order;
  6. 6.
    The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable final development order, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city; or
  7. 7.
    The necessary facilities are included within the first three years of the applicable, adopted state department of transportation five-year work program, or are scheduled to commence within the first three years of the five-year schedule of capital improvements included within the capital improvements element of the comprehensive plan.
1. 4.
  Proportionate Fair-Share Program—Roads.
  1. a.
    Purpose and intent. The purpose of this subsection 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).
  2. b.
    Applicability. The Proportionate Fair-Share Program shall apply to all developments that fail to meet the standards of this section on a thoroughfare road within the city that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT). The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12), or to projects exempted from this section.
  3. c.
    General requirements. An applicant may choose to satisfy the transportation concurrency requirements by making a proportionate fair-share contribution, pursuant to the following requirements:
    1.
    The proposed development is consistent with the comprehensive plan and applicable land development regulations.
    2.
    The road improvement necessary to maintain the adopted LOS is specifically identified for construction in the five-year schedule of capital improvements in the Capital Improvements Element of the Comprehensive Plan.
    3.
    Any improvement project proposed to meet the developer's fair-share obligation shall meet any applicable city design standards for locally maintained roadways.
  4. d.
    Intergovernmental coordination. Pursuant to policies in the Intergovernmental Coordination Element of the Comprehensive Plan, the city shall coordinate with Palm Beach County and other affected jurisdictions such as FDOT, regarding mitigation to non-city thoroughfare roads impacted by developments located within the city and who are applying for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.
  5. e.
    Application process.
    1.
    In the event of a lack of capacity to satisfy transportation concurrency, the applicant shall have the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of subsection c.
    2.
    Prior to the submittal of an application, eligible applicants shall schedule a pre-application meeting with the city's planning and zoning department. Subsequent to the pre-application meeting, eligible applicants shall submit a completed development application and all documentation requested by the city. The city shall establish applicable application fees for the cost of reviewing the application. If the impacted facility is on the Strategic Intermodal System (SIS), then FDOT will be notified and invited to participate in the pre-application meeting. The city shall also have the option of notifying and inviting Palm Beach County and any other affected local government.
    3.
    The planning and zoning department shall review the application and certify that the application is sufficient and complete within ten working days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in subsection c, then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the city.
    4.
    Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.
    5.
    When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient, complete, and eligible application. If the agreement is not received by the city within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the city.
    6.
    No proportionate fair-share agreement will be effective until approved by the planning and zoning director through an administrative approval.
1. 1. f.
    Determining proportionate fair-share obligation
    1.
    Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.
    2.
    A development eligible for participation under the Proportionate Fair-Share Program shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.
    3.
    The methodology used to calculate a development's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:
    The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build-out of a stage or phase being approved, divided by the change in the peak hour maximum Service Volume (SV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS.
    OR
    Proportionate Fair-Share = σ[[(Development 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 TPS;
    SV Increase;sub \sub; = Service volume increase provided by the eligible improvement to roadway segment "i" per Subsection c. General Requirements;
    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 review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred.
    4.
    For the purposes of determining proportionate fair-share obligations, the city traffic engineer or designee shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur.
    5.
    If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and reviewed by the city traffic engineer or designee or other method approved by the city traffic engineer or designee.
    6.
    If the city has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the right-of-way shall be valued on the date of the dedication at 115 percent of the most recent assessed value by the property appraiser, or at the option of the applicant and in-lieu of the 115 percent of assessed value option, by fair market value established by an independent appraisal approved by the city at the expense of the applicant. This appraisal shall assume no approved development plan for the site. All right-of-way dedicated shall be part of a roadway segment that triggered the deficiency, and shall not be site-related. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the city at the applicant's expense. If the estimated value of the right-of-way dedication proposed by the applicant is less than the city estimated total proportionate fair share obligation for that development, then the applicant shall also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations. The city shall also have the option of requiring an environmental assessment for right-of-way dedication.
1. g.
  Proportionate fair-share agreements.
  1. 1.
    Upon execution of a proportionate fair-share agreement ("agreement"), the applicant shall receive a certificate of concurrency approval. Should the applicant fail to apply for a development permit within 12 months, then the agreement shall be considered null and void, and the applicant shall be required to reapply.
  2. 2.
    Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be non-refundable. If the payment is submitted more than 90 days from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to subsection f and adjusted accordingly.
  3. 3.
    In the event an agreement requires the applicant to build or pay 100 percent of one or more road improvements, all such improvements shall be commenced prior to issuance of a building permit and assured by a binding agreement that is accompanied by a performance security, as determined by the city, which is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before issuance of certificates of occupancy.
  4. 4.
    Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit but shall not include a building permit issued for a dry model.
  5. 5.
    Any requested change to a development subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.
  6. 6.
    Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs paid to the city will be non-refundable.
  7. 7.
    The city may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.
2. h.
  Appropriation of fair-share revenues.
  1. 1.
    Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP), or any other matching requirement for state and federal grant programs as may be allowed by law.
  2. 2.
    In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor that would mitigate the impacts of development pursuant to the requirements of subsection c.
1. 5.
  In determining the availability of public facilities, an applicant may propose and the city may approve proposed projects in stages or phases so that public facilities needed for each phase shall be available in accordance with the standards set forth in this section.

(Code 1979, § 33-249; Ord. No. 4005-06, § 2, 12-18-2006)

Secs. 94-581—94-610. - Reserved.

Application for development permit

Application for development permit means an application submitted to the city requesting the issuance of a development permit.

C

Capital improvements element means the capital improvements element of the comprehensive plan.

Certificate of concurrency exemption

Certificate of concurrency exemption means a certificate issued by the planning department pursuant to this article evidencing that a project is exempt from concurrency review.

Certificate of concurrency reservation

Certificate of concurrency reservation means a certificate issued by the planning department pursuant to the terms of this article evidencing that required public facility capacity has been reserved so that levels of service shall be adequate for the project for which the certificate of concurrency reservation is issued.

Comprehensive plan

Comprehensive plan means the city comprehensive plan, adopted as Ordinance Number 2295-89, as it may be amended from time to time.

Concurrency determination

Concurrency determination means a document issued by the planning department stating that there appears to be sufficient public facility capacity so that designated levels of service shall be adequate for the project for which the concurrency determination is issued. A concurrency determination reserves no public facility capacity and is in no way binding on the city.

Conditional certificate of concurrency reservation

Conditional certificate of concurrency reservation means a certificate issued by the planning department in conjunction with a development agreement that is approved by the city's planning and zoning administrator (hereinafter called the "planning director"), evidencing that (i) all available public facility capacity to serve a proposed project has been reserved, but such capacity is not adequate to serve the proposed project; (ii) the additional public facility capacity needed for the proposed project may be assured by an executed development agreement; and (iii) a request by the applicant has been made for consideration and approval by the city commission of a development agreement concurrent with an application for a final development order.

County road ordinances

County road ordinances means Palm Beach County Ordinance No. 90-7, the Traffic Performance Ordinance, and Palm Beach County Ordinance No. 90-6, the Municipal Implementation Ordinance, both of which became effective on February 1, 1990, as amended from time to time, which taken together impose countywide traffic performance standards upon certain roadways located within the city.

Developer

Developer means any person undertaking development.

D

Development has the meaning given to it in F.S. § 380.04, as amended from time to time.

Development agreement

Development agreement means an agreement entered into between the city and a developer for the purpose of assuring the city that the developer shall provide required public facility capacity. The term "development agreement" includes, but is not limited to, agreements authorized pursuant to F.S. § 163.3220 and F.S. § 380.01 et seq., both as amended from time to time.

Development order

Development order means any order granting, denying, or granting with conditions an application for a development permit.

Development permit

Development permit means any official action of the city having the effect of permitting development, including, without limitation, any building permit, zoning permit, subdivision approval, rezoning (including rezonings for planned developments), certification, Class A and Class B special use permit, variance, or any other official action of the city having the effect of permitting the development of land.

Final development order

Final development order means any development order which results in a quantifiable impact on public facilities, including, without limitation, a building permit, a site plan approval (both levels I and II), a development order approving a development of regional impact or a Florida quality development, rezonings for planned unit developments, developments of significant impact and major amendments thereto, major subdivision approvals, all minor amendments to approvals, and class A and class B special use permits.

Level of service and LOS

Level of service and LOS mean an indicator of the extent or degree of service provided by or proposed to be provided by a public facility based on and related to the operational characteristics of the public facility.

Person

Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, two or more individuals, or any other entity.

Planning department

Planning department means the community development and planning department of the city.

Preliminary development order

Preliminary development order means any development order other than a final development order, including, without limitation, a rezoning other than for a planned unit development or development of significant impact, a zoning code amendment, a comprehensive plan amendment, an annexation, an abandonment, revocable permits, and a zoning variance.

Project

Project means a single development as designated by the applicant, but two or more purportedly separate developments will be considered one project if three or more of the following criteria are found to exist by the planning department:

1.
The purportedly separate developments are located within one-quarter mile of each other;
2.
The same person has an ownership interest or an option to obtain an ownership interest of more than 25 percent of the legal title to each purportedly separate development;
3.
There is a unified plan of development for the purportedly separate developments;
4.
The purportedly separate developments voluntarily do or shall share private infrastructure; or
5.
There is or will be a common management or advertising scheme for the purportedly separate developments.

Public facilities

Public facilities means roads, sanitary sewer facilities, solid waste facilities, drainage facilities, potable water facilities, and parks and recreation facilities.

(Code 1979, § 33-242)

Cross reference— Definitions generally, § 1-2.

West Palm Beach City Zoning Code

ARTICLE XVIII

- CONCURRENCY MANAGEMENT

Sec. 94-571. - Short title; authority and application.

Short title. This article shall be known as, and may be cited as, the "City of West Palm Beach Concurrency Management Ordinance."

Application. This article shall apply to all development within the city, as the boundaries of the city may exist from time to time.

(Code 1979, § 33-240)

Sec. 94-572. - Intent and purpose.

(Code 1979, § 33-241)

Sec. 94-573. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Sec. 94-574. - Rules of construction.

In the construction of this article, the rules set forth in chapter 1 of this Code shall be observed, unless such construction is inconsistent with the comprehensive plan.

(Code 1979, § 33-243)

Sec. 94-575. - Implementation of comprehensive plan.

1.
A monitoring system which enables the city to determine whether it is adhering to the adopted LOS standards and its schedule of capital improvements; and
2.
A regulatory program that ensures each public facility is available to serve development concurrent with the impacts of development on public facilities.

(Code 1979, § 33-244)

Sec. 94-576. - Concurrency monitoring system.

(Code 1979, § 33-245)

Sec. 94-577. - Mandatory and optional review of development orders.

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

1.
Any developer who has submitted to the city a complete application for a final development order prior to February 1, 1990, and the application and/or project has continued in good faith;
2.
An alteration to a project which is the subject of a development order which does not create any additional impacts on public facilities;
3.
The construction of accessory buildings or structures which do not create additional impacts on public facilities;
4.
The replacement of (i) an existing dwelling unit when no additional dwelling units are created, or (ii) an existing nonresidential structure when the type of use is unchanged and no additional square footage is added; and
5.
A single-family residential unit or a duplex, to be constructed on a legal platted lot of record existing prior to February 1, 1990.

Preliminary development orders ineligible for certification.

1.
Generally. Preliminary development orders do not directly authorize development to commence or are so conceptual that they do not allow an accurate assessment of a project's impact on public facilities. Preliminary development orders require subsequent final development orders which are subject to concurrency review. Therefore, preliminary development orders are not required to be reviewed for concurrency and may not apply for or receive a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation. A concurrency determination may be requested in conjunction with preliminary development orders as described in subsection (e)(2) of this section.
2.
Requirements for preliminary development orders. The following requirements are imposed on preliminary development orders:
1. a.
  All applicants for preliminary development orders must submit with the application for the preliminary development order a signed affidavit acknowledging the eventual requirement for a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation.
2. b.
  Staff shall include as part of all preliminary development orders a condition that the issuance of any subsequent final development order is contingent upon the applicant obtaining a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation.

(Code 1979, § 33-246)

Sec. 94-578. - Procedures.

Rules of general applicability.

1.
Timing. An application for a concurrency determination, a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation may be submitted at any time during the year.
2.
Assignability and transferability. A certificate of concurrency exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation shall run with the land, but shall not be assignable to any other project.
3.
Expiration and effect. A certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation is initially valid for one year during which time an application for a final development order must be applied for as to the project for which the certificate was approved. If a final development order is approved for a project for which a certificate of exemption, a certificate of concurrency reservation, or a certificate of concurrency reservation was issued, the applicable certificate is valid for the life of the final development order for which such certificate is approved.

Procedures for determination of exemption or capacity.

1.
Submission of application. An application for either a concurrency determination, a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation shall be submitted to the planning department, on such form as is promulgated by the department. The planning department shall charge a reasonable fee to cover the processing of the application. The application shall consist of such information as required by the planning department.
2.
Determination of completeness and review. After receipt of an application, the planning department shall determine whether it is complete within 14 days after its submission. If it is determined that the application is not complete, written notice shall be forwarded to the applicant specifying the deficiencies. The planning department shall take no further action on the application unless the deficiencies are remedied.
3.
Limitation of approvals. A concurrency determination, a certificate of exemption, a certificate of concurrency reservation and a conditional certificate of concurrency reservation shall apply only to the specific land uses, densities, and intensities based on information provided in the application, and where applicable, the final development order. All applicants, to the extent required by the planning department, shall submit such applications for entire projects, rather than portions of projects. An applicant may not reserve more capacity than that reasonably required for a project which the applicant desires in good faith to proceed with promptly.
4.
Issuance of certification. Within 45 days after receipt of a complete application, the planning department shall either conclude that the application is approved or denied. If denied, the denial shall be in writing and shall include the reasons for denial. If a certificate of concurrency reservation is approved, the approval shall require the payment of a fee for reserving capacity, which fee must be paid within ten days of the issuance of such certificate, or the certificate shall be canceled. If a conditional certificate of concurrency reservation is approved, the approval shall require the payment of a fee for reserving capacity, which fee must be paid within ten days of the city commission's approval of the development agreement submitted with the application for such certificate, or the certificate shall be canceled. In either case, the final development order for which a certificate is obtained shall not be issued until the capacity reservation fee is paid. Public facility capacity shall be granted on a first-come, first-serve basis, determined as of the date and time a certificate of concurrency reservation or a conditional certificate of concurrency reservation is issued.
5.
Appeals.
1. a.
  An applicant may appeal any final decision issued pursuant to this article by the planning department by filing a written appeal with the city's zoning board of appeals within 20 days after such decision. The city's zoning board of appeals shall hear such appeal at a public hearing with reasonable notice to the appellant and shall issue its opinion within a reasonable time after such hearing.
2. b.
  The zoning board of appeals' decision shall be final for the purpose of administrative appeals, and an applicant may thereafter appeal the zoning board of appeals' decision to the circuit court having jurisdiction over the city.
3. c.
  All appellate decisions shall be based upon the criteria and standards contained in this article.

(Code 1979, § 33-247)

Sec. 94-579. - Level of service standards.

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

1.
Roads.
1. a.
  Noncity roads. The county road ordinances impose certain level of service requirements of the county on certain developments within the city. If an application for a concurrency determination, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation includes a project which is subject to the county road ordinances, the applicant must submit with such application written documentation from the county engineering department evidencing that the project shall be in full compliance with the requirements of the county road ordinances, and, if an application is for other than a concurrency determination, such compliance shall exist for the entire life of the requested certificate and all possible development orders flowing therefrom.
2. b.
  City roads LOS.
  1. 1.
    The city thoroughfare roads, as identified in the comprehensive plan, shall operate at the adopted level of service "E" as defined in the state department of transportation Generalized Daily Level of Service Table. The comprehensive plan states that the city will satisfy concurrency requirements for roads by complying with the county road ordinances, which supersede the city traffic performance standards for county thoroughfares.
  2. 2.
    The county road ordinances provide for a concurrency determination by the county engineering department if a proposed project will generate more than 1,000 vehicle trips per day, as determined by a professional traffic engineer. A traffic study may be required by the county engineering department if the number of trips approaches the 1,000 trip per day threshold. In the event that a proposed project will generate 1,000 or fewer vehicle trips per day, the planning department will maintain a cumulative total of all trips and will transmit this information to the county engineering department on a regular basis. The city shall monitor traffic counts on city urban collectors. Through this procedure, the level of service standard adopted in the comprehensive plan shall be maintained on city roads for both small and large projects.

Sanitary sewer. Sanitary sewer facilities shall operate at the following LOS:

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

3.
Solid waste. The solid waste facilities serving the city shall operate at the following LOS standards:
Collection. The city shall adhere to the franchise agreement with the solid waste authority by providing a minimum level of service for residential garbage collection of twice per week, bulk trash collection of once per week, vegetation collection of once per week, and recyclable collection of once per week.
Disposal. The city shall ensure delivery of solid waste material collected to the Solid Waste Authority (SWA) north county landfill and shall continue to seek annual certification from the SWA that it has sufficient disposal capacity to accommodate the solid waste generated for both the five-year and ten-year planning periods. The SWA certification letter shall constitute compliance with the city's solid waste LOS standard.
4.
Drainage. Drainage facilities shall operate at the following LOS standards:
DRAINAGE TYPE
LEVEL OF SERVICE
Storm sewer systems 3-year, 1-hour storm
Canal systems 25-year, 24-hour storm

5.
Potable water. Average annual water consumption rate:
MUNICIPALITY
AVERAGE ANNUAL WATER CONSUMPTION RATE (GPPD)
West Palm Beach Service Area 269

6.
Parks and recreation. Parks and recreation facilities shall operate at the following LOS standards:
PARK FACILITIES
POLICY LOS
Community Parks 2.5 acres/1,000 persons
Regional Parks 1.5 acres/1,000 persons

(Code 1979, § 33-248; Ord. No. 4449-13, § 26, 3-19-2013)

Sec. 94-580. - Standards of concurrency review.

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

1.
[Potable water, sewer, solid waste and drainage.] For potable water, sewer, solid waste and drainage, the following standards must be met, at a minimum, to satisfy the concurrency requirement:
1. a.
  The necessary facilities and services are in place at the time a final development order is issued;
2. b.
  A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;
3. c.
  The necessary facilities are under construction and bonded for completion at the time a final development order is issued; or
4. d.
  The necessary facilities and services are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (1)a—c of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city.
2.
[Parks and recreation.] For parks and recreation, the following standards must be met, at a minimum, to satisfy the concurrency requirement:
1. a.
  The necessary facilities and services are in place at the time a final development order is issued;
2. b.
  A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;
3. c.
  The necessary facilities are under construction and bonded for completion at the time a permit is issued;
4. d.
  The necessary facilities and services are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (2)a—c of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city;
5. e.
  At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed contract bonded for completion which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the final development order; or
6. f.
  The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable development agreement, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city.
3.
[Roads.] For roads, the following standards must be met, at a minimum, to satisfy the concurrency requirement:
1. a.
  The project must comply with all requirements of the county road ordinances; and
2. b.
  As to roads covered by the LOS standards, but not covered by the county road ordinances, the following must be met:
  1. 1.
    The necessary facilities are in place at the time a final development order is issued;
  2. 2.
    A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;
  3. 3.
    The necessary facilities are under construction and bonded for completion at the time a final development order is issued;
  4. 4.
    The necessary facilities are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (3)b.1—3 of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city;
  5. 5.
    At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the final development order;
  6. 6.
    The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable final development order, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city; or
  7. 7.
    The necessary facilities are included within the first three years of the applicable, adopted state department of transportation five-year work program, or are scheduled to commence within the first three years of the five-year schedule of capital improvements included within the capital improvements element of the comprehensive plan.
1. 4.
  Proportionate Fair-Share Program—Roads.
  1. a.
    Purpose and intent. The purpose of this subsection 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).
  2. b.
    Applicability. The Proportionate Fair-Share Program shall apply to all developments that fail to meet the standards of this section on a thoroughfare road within the city that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT). The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12), or to projects exempted from this section.
  3. c.
    General requirements. An applicant may choose to satisfy the transportation concurrency requirements by making a proportionate fair-share contribution, pursuant to the following requirements:
    1.
    The proposed development is consistent with the comprehensive plan and applicable land development regulations.
    2.
    The road improvement necessary to maintain the adopted LOS is specifically identified for construction in the five-year schedule of capital improvements in the Capital Improvements Element of the Comprehensive Plan.
    3.
    Any improvement project proposed to meet the developer's fair-share obligation shall meet any applicable city design standards for locally maintained roadways.
  4. d.
    Intergovernmental coordination. Pursuant to policies in the Intergovernmental Coordination Element of the Comprehensive Plan, the city shall coordinate with Palm Beach County and other affected jurisdictions such as FDOT, regarding mitigation to non-city thoroughfare roads impacted by developments located within the city and who are applying for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.
  5. e.
    Application process.
    1.
    In the event of a lack of capacity to satisfy transportation concurrency, the applicant shall have the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of subsection c.
    2.
    Prior to the submittal of an application, eligible applicants shall schedule a pre-application meeting with the city's planning and zoning department. Subsequent to the pre-application meeting, eligible applicants shall submit a completed development application and all documentation requested by the city. The city shall establish applicable application fees for the cost of reviewing the application. If the impacted facility is on the Strategic Intermodal System (SIS), then FDOT will be notified and invited to participate in the pre-application meeting. The city shall also have the option of notifying and inviting Palm Beach County and any other affected local government.
    3.
    The planning and zoning department shall review the application and certify that the application is sufficient and complete within ten working days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in subsection c, then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the city.
    4.
    Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.
    5.
    When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient, complete, and eligible application. If the agreement is not received by the city within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the city.
    6.
    No proportionate fair-share agreement will be effective until approved by the planning and zoning director through an administrative approval.
1. 1. f.
    Determining proportionate fair-share obligation
    1.
    Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.
    2.
    A development eligible for participation under the Proportionate Fair-Share Program shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.
    3.
    The methodology used to calculate a development's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:
    The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build-out of a stage or phase being approved, divided by the change in the peak hour maximum Service Volume (SV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS.
    OR
    Proportionate Fair-Share = σ[[(Development 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 TPS;
    SV Increase;sub \sub; = Service volume increase provided by the eligible improvement to roadway segment "i" per Subsection c. General Requirements;
    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 review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred.
    4.
    For the purposes of determining proportionate fair-share obligations, the city traffic engineer or designee shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur.
    5.
    If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and reviewed by the city traffic engineer or designee or other method approved by the city traffic engineer or designee.
    6.
    If the city has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the right-of-way shall be valued on the date of the dedication at 115 percent of the most recent assessed value by the property appraiser, or at the option of the applicant and in-lieu of the 115 percent of assessed value option, by fair market value established by an independent appraisal approved by the city at the expense of the applicant. This appraisal shall assume no approved development plan for the site. All right-of-way dedicated shall be part of a roadway segment that triggered the deficiency, and shall not be site-related. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the city at the applicant's expense. If the estimated value of the right-of-way dedication proposed by the applicant is less than the city estimated total proportionate fair share obligation for that development, then the applicant shall also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations. The city shall also have the option of requiring an environmental assessment for right-of-way dedication.
1. g.
  Proportionate fair-share agreements.
  1. 1.
    Upon execution of a proportionate fair-share agreement ("agreement"), the applicant shall receive a certificate of concurrency approval. Should the applicant fail to apply for a development permit within 12 months, then the agreement shall be considered null and void, and the applicant shall be required to reapply.
  2. 2.
    Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be non-refundable. If the payment is submitted more than 90 days from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to subsection f and adjusted accordingly.
  3. 3.
    In the event an agreement requires the applicant to build or pay 100 percent of one or more road improvements, all such improvements shall be commenced prior to issuance of a building permit and assured by a binding agreement that is accompanied by a performance security, as determined by the city, which is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before issuance of certificates of occupancy.
  4. 4.
    Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit but shall not include a building permit issued for a dry model.
  5. 5.
    Any requested change to a development subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.
  6. 6.
    Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs paid to the city will be non-refundable.
  7. 7.
    The city may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.
2. h.
  Appropriation of fair-share revenues.
  1. 1.
    Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP), or any other matching requirement for state and federal grant programs as may be allowed by law.
  2. 2.
    In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor that would mitigate the impacts of development pursuant to the requirements of subsection c.
1. 5.
  In determining the availability of public facilities, an applicant may propose and the city may approve proposed projects in stages or phases so that public facilities needed for each phase shall be available in accordance with the standards set forth in this section.

(Code 1979, § 33-249; Ord. No. 4005-06, § 2, 12-18-2006)

Secs. 94-581—94-610. - Reserved.

Application for development permit

Application for development permit means an application submitted to the city requesting the issuance of a development permit.

C

Capital improvements element means the capital improvements element of the comprehensive plan.

Certificate of concurrency exemption

Certificate of concurrency exemption means a certificate issued by the planning department pursuant to this article evidencing that a project is exempt from concurrency review.

Certificate of concurrency reservation

Comprehensive plan

Comprehensive plan means the city comprehensive plan, adopted as Ordinance Number 2295-89, as it may be amended from time to time.

Concurrency determination

Conditional certificate of concurrency reservation

County road ordinances

Developer

Developer means any person undertaking development.

D

Development has the meaning given to it in F.S. § 380.04, as amended from time to time.

Development agreement

Development order

Development order means any order granting, denying, or granting with conditions an application for a development permit.

Development permit

Final development order

Level of service and LOS

Person

Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, two or more individuals, or any other entity.

Planning department

Planning department means the community development and planning department of the city.

Preliminary development order

Project

1.
The purportedly separate developments are located within one-quarter mile of each other;
2.
The same person has an ownership interest or an option to obtain an ownership interest of more than 25 percent of the legal title to each purportedly separate development;
3.
There is a unified plan of development for the purportedly separate developments;
4.
The purportedly separate developments voluntarily do or shall share private infrastructure; or
5.
There is or will be a common management or advertising scheme for the purportedly separate developments.

Public facilities

Public facilities means roads, sanitary sewer facilities, solid waste facilities, drainage facilities, potable water facilities, and parks and recreation facilities.

(Code 1979, § 33-242)

Cross reference— Definitions generally, § 1-2.

West Palm Beach City Zoning Code

ARTICLE XVIII

- CONCURRENCY MANAGEMENT

Sec. 94-571. - Short title; authority and application.

Short title. This article shall be known as, and may be cited as, the "City of West Palm Beach Concurrency Management Ordinance."

Application. This article shall apply to all development within the city, as the boundaries of the city may exist from time to time.

(Code 1979, § 33-240)

Sec. 94-572. - Intent and purpose.

(Code 1979, § 33-241)

Sec. 94-573. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Sec. 94-574. - Rules of construction.

In the construction of this article, the rules set forth in chapter 1 of this Code shall be observed, unless such construction is inconsistent with the comprehensive plan.

(Code 1979, § 33-243)

Sec. 94-575. - Implementation of comprehensive plan.

1.
A monitoring system which enables the city to determine whether it is adhering to the adopted LOS standards and its schedule of capital improvements; and
2.
A regulatory program that ensures each public facility is available to serve development concurrent with the impacts of development on public facilities.

(Code 1979, § 33-244)

Sec. 94-576. - Concurrency monitoring system.

(Code 1979, § 33-245)

Sec. 94-577. - Mandatory and optional review of development orders.

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

1.
Any developer who has submitted to the city a complete application for a final development order prior to February 1, 1990, and the application and/or project has continued in good faith;
2.
An alteration to a project which is the subject of a development order which does not create any additional impacts on public facilities;
3.
The construction of accessory buildings or structures which do not create additional impacts on public facilities;
4.
The replacement of (i) an existing dwelling unit when no additional dwelling units are created, or (ii) an existing nonresidential structure when the type of use is unchanged and no additional square footage is added; and
5.
A single-family residential unit or a duplex, to be constructed on a legal platted lot of record existing prior to February 1, 1990.

Preliminary development orders ineligible for certification.

1.
Generally. Preliminary development orders do not directly authorize development to commence or are so conceptual that they do not allow an accurate assessment of a project's impact on public facilities. Preliminary development orders require subsequent final development orders which are subject to concurrency review. Therefore, preliminary development orders are not required to be reviewed for concurrency and may not apply for or receive a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation. A concurrency determination may be requested in conjunction with preliminary development orders as described in subsection (e)(2) of this section.
2.
Requirements for preliminary development orders. The following requirements are imposed on preliminary development orders:
1. a.
  All applicants for preliminary development orders must submit with the application for the preliminary development order a signed affidavit acknowledging the eventual requirement for a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation.
2. b.
  Staff shall include as part of all preliminary development orders a condition that the issuance of any subsequent final development order is contingent upon the applicant obtaining a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation.

(Code 1979, § 33-246)

Sec. 94-578. - Procedures.

Rules of general applicability.

1.
Timing. An application for a concurrency determination, a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation may be submitted at any time during the year.
2.
Assignability and transferability. A certificate of concurrency exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation shall run with the land, but shall not be assignable to any other project.
3.
Expiration and effect. A certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation is initially valid for one year during which time an application for a final development order must be applied for as to the project for which the certificate was approved. If a final development order is approved for a project for which a certificate of exemption, a certificate of concurrency reservation, or a certificate of concurrency reservation was issued, the applicable certificate is valid for the life of the final development order for which such certificate is approved.

Procedures for determination of exemption or capacity.

1.
Submission of application. An application for either a concurrency determination, a certificate of exemption, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation shall be submitted to the planning department, on such form as is promulgated by the department. The planning department shall charge a reasonable fee to cover the processing of the application. The application shall consist of such information as required by the planning department.
2.
Determination of completeness and review. After receipt of an application, the planning department shall determine whether it is complete within 14 days after its submission. If it is determined that the application is not complete, written notice shall be forwarded to the applicant specifying the deficiencies. The planning department shall take no further action on the application unless the deficiencies are remedied.
3.
Limitation of approvals. A concurrency determination, a certificate of exemption, a certificate of concurrency reservation and a conditional certificate of concurrency reservation shall apply only to the specific land uses, densities, and intensities based on information provided in the application, and where applicable, the final development order. All applicants, to the extent required by the planning department, shall submit such applications for entire projects, rather than portions of projects. An applicant may not reserve more capacity than that reasonably required for a project which the applicant desires in good faith to proceed with promptly.
4.
Issuance of certification. Within 45 days after receipt of a complete application, the planning department shall either conclude that the application is approved or denied. If denied, the denial shall be in writing and shall include the reasons for denial. If a certificate of concurrency reservation is approved, the approval shall require the payment of a fee for reserving capacity, which fee must be paid within ten days of the issuance of such certificate, or the certificate shall be canceled. If a conditional certificate of concurrency reservation is approved, the approval shall require the payment of a fee for reserving capacity, which fee must be paid within ten days of the city commission's approval of the development agreement submitted with the application for such certificate, or the certificate shall be canceled. In either case, the final development order for which a certificate is obtained shall not be issued until the capacity reservation fee is paid. Public facility capacity shall be granted on a first-come, first-serve basis, determined as of the date and time a certificate of concurrency reservation or a conditional certificate of concurrency reservation is issued.
5.
Appeals.
1. a.
  An applicant may appeal any final decision issued pursuant to this article by the planning department by filing a written appeal with the city's zoning board of appeals within 20 days after such decision. The city's zoning board of appeals shall hear such appeal at a public hearing with reasonable notice to the appellant and shall issue its opinion within a reasonable time after such hearing.
2. b.
  The zoning board of appeals' decision shall be final for the purpose of administrative appeals, and an applicant may thereafter appeal the zoning board of appeals' decision to the circuit court having jurisdiction over the city.
3. c.
  All appellate decisions shall be based upon the criteria and standards contained in this article.

(Code 1979, § 33-247)

Sec. 94-579. - Level of service standards.

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

1.
Roads.
1. a.
  Noncity roads. The county road ordinances impose certain level of service requirements of the county on certain developments within the city. If an application for a concurrency determination, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation includes a project which is subject to the county road ordinances, the applicant must submit with such application written documentation from the county engineering department evidencing that the project shall be in full compliance with the requirements of the county road ordinances, and, if an application is for other than a concurrency determination, such compliance shall exist for the entire life of the requested certificate and all possible development orders flowing therefrom.
2. b.
  City roads LOS.
  1. 1.
    The city thoroughfare roads, as identified in the comprehensive plan, shall operate at the adopted level of service "E" as defined in the state department of transportation Generalized Daily Level of Service Table. The comprehensive plan states that the city will satisfy concurrency requirements for roads by complying with the county road ordinances, which supersede the city traffic performance standards for county thoroughfares.
  2. 2.
    The county road ordinances provide for a concurrency determination by the county engineering department if a proposed project will generate more than 1,000 vehicle trips per day, as determined by a professional traffic engineer. A traffic study may be required by the county engineering department if the number of trips approaches the 1,000 trip per day threshold. In the event that a proposed project will generate 1,000 or fewer vehicle trips per day, the planning department will maintain a cumulative total of all trips and will transmit this information to the county engineering department on a regular basis. The city shall monitor traffic counts on city urban collectors. Through this procedure, the level of service standard adopted in the comprehensive plan shall be maintained on city roads for both small and large projects.

Sanitary sewer. Sanitary sewer facilities shall operate at the following LOS:

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

DISTRICTS	SEWER LEVEL OF SERVICE
Single-family	350 gallons per day/dwelling unit
Multifamily	250 gallons per day/dwelling unit
Commercial	0.20 gallons per day/square feet
Industrial	0.15 gallons per day/square feet
Hotel	100 gallons per day/room

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

PEAKING FACTOR	AVG DAILY FLOW (MGD)
3.5	0.01 to 0.05
3.0	0.05 to 0.25
2.5	0.25 to 2.00
2.0	;gt; 2.0

3.
Solid waste. The solid waste facilities serving the city shall operate at the following LOS standards:
Collection. The city shall adhere to the franchise agreement with the solid waste authority by providing a minimum level of service for residential garbage collection of twice per week, bulk trash collection of once per week, vegetation collection of once per week, and recyclable collection of once per week.
Disposal. The city shall ensure delivery of solid waste material collected to the Solid Waste Authority (SWA) north county landfill and shall continue to seek annual certification from the SWA that it has sufficient disposal capacity to accommodate the solid waste generated for both the five-year and ten-year planning periods. The SWA certification letter shall constitute compliance with the city's solid waste LOS standard.
4.
Drainage. Drainage facilities shall operate at the following LOS standards:
DRAINAGE TYPE
LEVEL OF SERVICE
Storm sewer systems 3-year, 1-hour storm
Canal systems 25-year, 24-hour storm

5.
Potable water. Average annual water consumption rate:
MUNICIPALITY
AVERAGE ANNUAL WATER CONSUMPTION RATE (GPPD)
West Palm Beach Service Area 269

6.
Parks and recreation. Parks and recreation facilities shall operate at the following LOS standards:
PARK FACILITIES
POLICY LOS
Community Parks 2.5 acres/1,000 persons
Regional Parks 1.5 acres/1,000 persons

(Code 1979, § 33-248; Ord. No. 4449-13, § 26, 3-19-2013)

Sec. 94-580. - Standards of concurrency review.

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

1.
[Potable water, sewer, solid waste and drainage.] For potable water, sewer, solid waste and drainage, the following standards must be met, at a minimum, to satisfy the concurrency requirement:
1. a.
  The necessary facilities and services are in place at the time a final development order is issued;
2. b.
  A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;
3. c.
  The necessary facilities are under construction and bonded for completion at the time a final development order is issued; or
4. d.
  The necessary facilities and services are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (1)a—c of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city.
2.
[Parks and recreation.] For parks and recreation, the following standards must be met, at a minimum, to satisfy the concurrency requirement:
1. a.
  The necessary facilities and services are in place at the time a final development order is issued;
2. b.
  A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;
3. c.
  The necessary facilities are under construction and bonded for completion at the time a permit is issued;
4. d.
  The necessary facilities and services are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (2)a—c of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city;
5. e.
  At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed contract bonded for completion which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the final development order; or
6. f.
  The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable development agreement, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city.
3.
[Roads.] For roads, the following standards must be met, at a minimum, to satisfy the concurrency requirement:
1. a.
  The project must comply with all requirements of the county road ordinances; and
2. b.
  As to roads covered by the LOS standards, but not covered by the county road ordinances, the following must be met:
  1. 1.
    The necessary facilities are in place at the time a final development order is issued;
  2. 2.
    A final development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;
  3. 3.
    The necessary facilities are under construction and bonded for completion at the time a final development order is issued;
  4. 4.
    The necessary facilities are guaranteed in an enforceable development agreement to be available within the time frames listed in subsections (3)b.1—3 of this section, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city;
  5. 5.
    At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the final development order;
  6. 6.
    The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable final development order, which guarantee is secured by a completion bond, letter of credit, or other security acceptable to the city; or
  7. 7.
    The necessary facilities are included within the first three years of the applicable, adopted state department of transportation five-year work program, or are scheduled to commence within the first three years of the five-year schedule of capital improvements included within the capital improvements element of the comprehensive plan.
1. 4.
  Proportionate Fair-Share Program—Roads.
  1. a.
    Purpose and intent. The purpose of this subsection 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).
  2. b.
    Applicability. The Proportionate Fair-Share Program shall apply to all developments that fail to meet the standards of this section on a thoroughfare road within the city that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT). The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12), or to projects exempted from this section.
  3. c.
    General requirements. An applicant may choose to satisfy the transportation concurrency requirements by making a proportionate fair-share contribution, pursuant to the following requirements:
    1.
    The proposed development is consistent with the comprehensive plan and applicable land development regulations.
    2.
    The road improvement necessary to maintain the adopted LOS is specifically identified for construction in the five-year schedule of capital improvements in the Capital Improvements Element of the Comprehensive Plan.
    3.
    Any improvement project proposed to meet the developer's fair-share obligation shall meet any applicable city design standards for locally maintained roadways.
  4. d.
    Intergovernmental coordination. Pursuant to policies in the Intergovernmental Coordination Element of the Comprehensive Plan, the city shall coordinate with Palm Beach County and other affected jurisdictions such as FDOT, regarding mitigation to non-city thoroughfare roads impacted by developments located within the city and who are applying for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.
  5. e.
    Application process.
    1.
    In the event of a lack of capacity to satisfy transportation concurrency, the applicant shall have the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of subsection c.
    2.
    Prior to the submittal of an application, eligible applicants shall schedule a pre-application meeting with the city's planning and zoning department. Subsequent to the pre-application meeting, eligible applicants shall submit a completed development application and all documentation requested by the city. The city shall establish applicable application fees for the cost of reviewing the application. If the impacted facility is on the Strategic Intermodal System (SIS), then FDOT will be notified and invited to participate in the pre-application meeting. The city shall also have the option of notifying and inviting Palm Beach County and any other affected local government.
    3.
    The planning and zoning department shall review the application and certify that the application is sufficient and complete within ten working days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in subsection c, then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the city.
    4.
    Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.
    5.
    When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient, complete, and eligible application. If the agreement is not received by the city within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the city.
    6.
    No proportionate fair-share agreement will be effective until approved by the planning and zoning director through an administrative approval.
1. 1. f.
    Determining proportionate fair-share obligation
    1.
    Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.
    2.
    A development eligible for participation under the Proportionate Fair-Share Program shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.
    3.
    The methodology used to calculate a development's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:
    The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build-out of a stage or phase being approved, divided by the change in the peak hour maximum Service Volume (SV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS.
    OR
    Proportionate Fair-Share = σ[[(Development 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 TPS;
    SV Increase;sub \sub; = Service volume increase provided by the eligible improvement to roadway segment "i" per Subsection c. General Requirements;
    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 review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred.
    4.
    For the purposes of determining proportionate fair-share obligations, the city traffic engineer or designee shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur.
    5.
    If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and reviewed by the city traffic engineer or designee or other method approved by the city traffic engineer or designee.
    6.
    If the city has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the right-of-way shall be valued on the date of the dedication at 115 percent of the most recent assessed value by the property appraiser, or at the option of the applicant and in-lieu of the 115 percent of assessed value option, by fair market value established by an independent appraisal approved by the city at the expense of the applicant. This appraisal shall assume no approved development plan for the site. All right-of-way dedicated shall be part of a roadway segment that triggered the deficiency, and shall not be site-related. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the city at the applicant's expense. If the estimated value of the right-of-way dedication proposed by the applicant is less than the city estimated total proportionate fair share obligation for that development, then the applicant shall also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations. The city shall also have the option of requiring an environmental assessment for right-of-way dedication.
1. g.
  Proportionate fair-share agreements.
  1. 1.
    Upon execution of a proportionate fair-share agreement ("agreement"), the applicant shall receive a certificate of concurrency approval. Should the applicant fail to apply for a development permit within 12 months, then the agreement shall be considered null and void, and the applicant shall be required to reapply.
  2. 2.
    Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be non-refundable. If the payment is submitted more than 90 days from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to subsection f and adjusted accordingly.
  3. 3.
    In the event an agreement requires the applicant to build or pay 100 percent of one or more road improvements, all such improvements shall be commenced prior to issuance of a building permit and assured by a binding agreement that is accompanied by a performance security, as determined by the city, which is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before issuance of certificates of occupancy.
  4. 4.
    Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit but shall not include a building permit issued for a dry model.
  5. 5.
    Any requested change to a development subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.
  6. 6.
    Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs paid to the city will be non-refundable.
  7. 7.
    The city may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.
2. h.
  Appropriation of fair-share revenues.
  1. 1.
    Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP), or any other matching requirement for state and federal grant programs as may be allowed by law.
  2. 2.
    In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor that would mitigate the impacts of development pursuant to the requirements of subsection c.
1. 5.
  In determining the availability of public facilities, an applicant may propose and the city may approve proposed projects in stages or phases so that public facilities needed for each phase shall be available in accordance with the standards set forth in this section.

(Code 1979, § 33-249; Ord. No. 4005-06, § 2, 12-18-2006)

Secs. 94-581—94-610. - Reserved.

Application for development permit

Application for development permit means an application submitted to the city requesting the issuance of a development permit.

C

Capital improvements element means the capital improvements element of the comprehensive plan.

Certificate of concurrency exemption

Certificate of concurrency exemption means a certificate issued by the planning department pursuant to this article evidencing that a project is exempt from concurrency review.

Certificate of concurrency reservation

Comprehensive plan

Comprehensive plan means the city comprehensive plan, adopted as Ordinance Number 2295-89, as it may be amended from time to time.

Concurrency determination

Conditional certificate of concurrency reservation

County road ordinances

Developer

Developer means any person undertaking development.

D

Development has the meaning given to it in F.S. § 380.04, as amended from time to time.

Development agreement

Development order

Development order means any order granting, denying, or granting with conditions an application for a development permit.

Development permit

Final development order

Level of service and LOS

Person

Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, two or more individuals, or any other entity.

Planning department

Planning department means the community development and planning department of the city.

Preliminary development order

Project

1.
The purportedly separate developments are located within one-quarter mile of each other;
2.
The same person has an ownership interest or an option to obtain an ownership interest of more than 25 percent of the legal title to each purportedly separate development;
3.
There is a unified plan of development for the purportedly separate developments;
4.
The purportedly separate developments voluntarily do or shall share private infrastructure; or
5.
There is or will be a common management or advertising scheme for the purportedly separate developments.

Public facilities

Public facilities means roads, sanitary sewer facilities, solid waste facilities, drainage facilities, potable water facilities, and parks and recreation facilities.

(Code 1979, § 33-242)

Cross reference— Definitions generally, § 1-2.

DRAINAGE TYPE	LEVEL OF SERVICE
Storm sewer systems	3-year, 1-hour storm
Canal systems	25-year, 24-hour storm

MUNICIPALITY	AVERAGE ANNUAL WATER CONSUMPTION RATE (GPPD)
West Palm Beach Service Area	269

PARK FACILITIES	POLICY LOS
Community Parks	2.5 acres/1,000 persons
Regional Parks	1.5 acres/1,000 persons