This Article is intended to ensure that development is consistent with the Level of Service standards for public facilities which are contained in the Comprehensive Plan and this Article and to prevent the issuance of development orders which result in a reduction in the level of services below the levels provided in the Comprehensive Plan.

(A)

Development subject to adequacy determination. The following development shall be subject to an adequacy determination unless otherwise exempted:

(1)

For plats or replats, or for site plans or building permits where the property is unplatted or was platted, with plat approval received before March 20, 1979, all development of previously vacant land shall be subject to adequacy determination unless a site plan has been approved prior to November 1, 1989, and development activity has occurred on the site.

(2)

For plats or replats, or for site plans or building permits in the City of Wilton Manors where the property is unplatted or was platted, with plat approval received before March 20, 1979, all development of previously improved lands shall be subject to an adequacy determination for the additional capacity that equals the difference between the capacity to be generated or consumed by the development specified in site plan, building permit or proposed note on the plat, and the capacity generated or consumed by the existing development. Existing development shall be construed to include previous development demolished no earlier than eighteen (18) months previous to the date the final plat is submitted, or the application for a site plan or building permit approval is submitted.

(3)

For a replat, or an amendment to a note on a plat, or a requirement to place a note on a plat, where property was platted after March 20, 1979, an adequacy determination shall be required for those additional capacities that equal the difference between the previous plat and the replat; or the previous note in the proposed amendment to the note; or the development approved by the County Commission at the time of plat approval and the proposed note to be placed on the plat.

(4)

All plats approved after October 1, 1989, by the Broward County Commission and all development permits (i.e. site plans) approved after November 1, 1989, by the City of Wilton Manors must undergo adequacy determinations of concurrency.

(B)

No development order or permit shall be granted unless the applicant first obtains a Determination of Level of Service Compliance pursuant to subparagraph (A), where required, unless one of the one of the following exemptions applies:

(1)

Development orders or rights determined to be vested pursuant to a judicial determination or pursuant to a "Vested Rights Determination" of the City Commission as described in Section 005-100 of these regulations; or

(2)

A valid and approved Development Order which was final as of November 14, 1989, under the provisions of F.S. Chapter 380; or

(3)

Single family dwellings on lots which were of record as of April 10, 1989 (the date of adoption of the Comprehensive Plan) shall not be required to obtain a Determination of Level of Service but shall be required to obtain a Certificate of Compliance and other permits required by these regulations or other applicable regulations; or

(4)

The proposed development is a government facility which the Wilton Manors City Commission finds is essential to the public health, safety or welfare.

(Ord. No. 848, 10-14-03)

(A)

For the purpose of implementing this Article, a proposed development shall be presumed to have the maximum impact permitted under applicable land development regulations in the absence of a complete site development plan application, deed or plat restrictions.

(B)

If an application for a building permit provides for more intensive use than that indicated when the LOS determination was made, the application shall be reevaluated for concurrency.

(A)

The Director shall not issue a Determination of Level of Service Compliance for any development unless determining that planned and committed improvements have sufficient capacity to provide the adopted Level of Service for all existing, permitted projects and the proposed development. Except as further defined below, the available capacity of a facility shall be determined by:

(1)

Adding together:

a.

The total capacity of existing facilities; and

b.

The total capacity of new facilities that will become available concurrent with the impact of development. The capacity of new facilities may be counted only if one or more of the following is shown:

1.

The necessary facilities are in place at the time a development order is issued, or a plat or site plan are approved subject to the condition that the necessary facilities will be in place when the impacts of development occur.

2.

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

3.

The new facilities are the subject of a binding, executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract, or the provision of services at the time the development permit is issued.

4.

The new facilities have been included in either the City of Wilton Manors or Broward County capital improvement program annual budgets.

5.

The new facilities are guaranteed at a specific time in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, as may be amended from time to time, or an agreement or development order issued pursuant to F.S. Chapter 380. Such facilities must be consistent with the capital improvements element of the City's Comprehensive Plan and approved by the City and/or County Engineer, as applicable.

6.

The developer has contributed funds to the City and/or County, as necessary to provide new facilities consistent with the capital improvements element of the City and/or County Comprehensive Plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the City and/or County or other government entity.

(2)

Subtracting from that number the sum of:

a.

The design demand for the service created by existing development; and

b.

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

(3)

This determination may not be satisfied by the transfer of committed capacity from a previously approved plat or DRI to another parcel of land not included within the previous plat or DRI.

(4)

Consistent with the City of Wilton Manors Comprehensive Plan, recreation and open space facilities necessary to serve a development must be in place within one year from the date of issuance of a certificate of occupancy, provided that the acreage is dedicated or has been acquired, or funds are committed for same, prior to issuance of the certificate of occupancy.

(5)

In order to satisfy transportation concurrency, the applicable transit impact fee may be paid in lieu of necessary capital improvements being in place prior to the impact of development.

(B)

Potable Water. New development shall not be approved unless there will be sufficient available design capacity to sustain the following levels of service for potable water concurrent with demand:

* Specific design estimates of minimum design flow shall be prepared using established standards at time of site plan or determination of specific use.

(C)

Wastewater Treatment Capacity. New development shall not be approved unless there is sufficient available design capacity, measured in minimum design flow, to sustain the following levels of service for wastewater treatment concurrent with demand:

Minimum Design Flow/LOS Standard

* Specific design estimates of minimum design flow shall be prepared using established standards at time of site plan or determination of specific use.

(D)

Solid Waste Disposal Capacity. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service for solid waste disposal capacity shall be available at the rates shown in the Table below, concurrent with demand.

(E)

Parks and Recreational Areas. Measurement shall be based on net acreage of publicly owned or leased land that qualifies as fulfilling the public recreation lands requirement of the Comprehensive Plan. New development shall not be approved unless there is sufficient available capacity to sustain four and one-quarter (4.25) acres of park land per one thousand (1,000) residents, concurrent with demand. Dedication of land or payment in lieu of dedication is required pursuant to Article 80, Concurrency and Impact Fees, in order to maintain the City's parks and recreation level of service standard. Satisfaction of recreation concurrency shall be permanent.

(F)

Drainage. Measurement of drainage facilities will be based on the water management district basin design standards. Variations may exist for specific parcels but the overall effect of an area's drainage system must meet established water management practices criteria. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service for the drainage system as established in the drainage subelement of the City Comprehensive Plan:

(1)

Storm sewers. Storm sewer design flood frequency criteria to be a three (3) year recurrence interval consistent with FDOT criteria;

(2)

Buildings. Lowest habitable finished floor elevation of buildings above one hundred (100) year flood elevation.

(3)

Roads with right-of-way width up to sixty (60) feet in width; crown elevation to meet ten (10) year, twenty-four (24) hour flood elevation. Roads with right-of-way widths greater than sixty (60) feet: ultimate curb edge of pavement to meet ten (10) year, twenty-four (24) hour flood elevation. Said elevation standards is depicted on the ten (10) year "Flood Criteria Map;"

(4)

On-site storage. Development to retain on site the first inch of stormwater runoff, or two and one-half (2.5) inches multiplied by the percentage impervious, whichever is greater;

(5)

Off-site discharge after the required on-site retention not to exceed the inflow limit of South Florida Water Management District primary receiving canal or the local conveyance system, whichever is less;

(6)

Flood plain routing: Calculated flood elevations based on ten (10) year and one hundred (100) year return frequency rainfall three (3) day duration shall not exceed corresponding elevation of ten (10) year "Flood Criteria Map" and "one-hundred (100) Year Flood Elevation Map."

(7)

Water quality: Prior to discharge to surface or ground water, meet State water quality standards as set forth in Florida Statutes.

(A)

Timing of determination. Compliance will be calculated and capacity reserved at the time of final Commission or PZB approval, as applicable, for a plat, plat note amendment, developer agreement or site plan, or date of building permit issuance; whichever occurs first, except that capacity shall not be reserved for sanitary sewer or potable water, at the time of platting or plat note amendment. Applications for development approval shall be chronologically logged to determine rights to available capacity.

(B)

Burden of proof. The burden of showing compliance with these levels of service requirements shall be upon the applicant. In order to be approvable, applications for development approval shall provide sufficient and verifiable information showing compliance with these standards. The City shall supply concurrency management forms to be completed by the developer.

(C)

Conditions of approval. A Determination of Level of Service may be granted subject to conditions intended to ensure compliance with the Level of Service Standards contained in the Comprehensive Plan and these regulations, including, but not limited to, the dedication of land, the construction of public facilities pursuant to a development agreement or the assessment of other fees which may be authorized under the laws of the City.

(D)

Concurrency monitoring system. The Department shall be responsible for monitoring development activity to ensure the development is consistent with the City of Wilton Manors Comprehensive Plan. A concurrency monitoring system is instituted to verify that public facilities and services will be available at adopted levels of service concurrent with the impacts of the development on those prescribed facility or service standards.

(E)

Expiration of finding of concurrency satisfaction. LOS Certificates shall expire within three (3) years, from date of issuance, if a building permit for a principal structure is not issued and kept in full force and effect unless otherwise provided by Florida law. For purposes of this Subsection, The date of issuance shall be the date of final approval for the development application, for which the LOS Certificate is issued. Adequacy determinations for the regional roadway network and regional park system are not subject to this provision and expire as provided by the Broward County Land Development Code.

(A)

Performance bonds. If infrastructure construction is necessary to meet adopted levels of service, the developer must commence construction and issue performance bonds to ensure completion of work within the concurrency time limit or risk forfeiture of favorable concurrency status.

(B)

Improvements affecting other developer agreements. A developer may complete off-site infrastructure construction that may or may not be part of other effective developers agreements in accordance with a new developers agreement that may entail reimbursable clauses for off-site work and facility oversizing to meet area needs. The original developer will be contacted concerning the potential of work being deleted from that developer's agreement. It shall be determined by the City that modifying the original developers agreement is in the best interests of the City. In this case, the original developer must pay reasonable infrastructure costs to new developer under the terms of the original or modified developers agreement.

(A)

Procedural and Administrative Requirements.

(1)

Purpose and Authority.

(a)

The City Commission of the City of Wilton Manors recognizes that growth and development in the City will require that the capacity of the City's public facilities be expanded in order to maintain adequate levels of service, and that without a funded program for public facility improvements, new growth and development will have to be limited in order to protect the health, safety, and welfare of the citizens of the City of Wilton Manors.

(b)

The City Commission has completed a study establishing the type, amount, and cost of projected public facility improvements needed to serve new growth and development.

(c)

The purpose of this Section is to ensure that new growth and development that is approved by the City pays a fair share of the costs of public facilities needed to serve new growth and development.

(d)

This Section, which requires new development to pay reasonable impact fees, requires new development to pay its pro rata share of the reasonably anticipated expansion costs of new public facilities created by new growth and development, which is the responsibility of the City in order to carry out its Comprehensive Plan, as amended, and adopted under F.S. § 163.3161 et seq., and is in the best interest of the public health, safety, and welfare.

(e)

The City Commission of the City of Wilton Manors has determined that it is in the best economic interests of the citizens of the City to ensure that certain forms of development be exempt from the requirements of payment of certain impact fees.

(f)

The technical data, findings and conclusions herein are based on the Comprehensive Plan, as amended, and the Technical Report.

(2)

Adoption of Technical Report as Basis of Impact Fees. The City hereby adopts and incorporates by reference, the report entitled "City of Wilton Manors 2022 Munciipal Impact Fees Study," prepared by Raftelis Financial Consultants, Inc., and dated August 16, 2022 (referred to herein as the "Technical Report), which, among other things, supports the amounts and reasonableness of the impact fees imposed by this Article.

(3)

Interpretations of Sections and fee schedule. Interpretation of the provisions of this Section shall be made by the City Manager or the City Manager's designee.

(4)

Effect on other regulations and requirements.

(a)

This Section may not be construed to alter, amend, or modify any other provision of the City's ULDRs and Code of Ordinances. Other provisions of the City's ULDRs and Code of Ordinances shall be operative and remain in full force and effect notwithstanding any contrary provisions, definitions, or intentions that are or may be expressed or implied in this Section.

(b)

The payment of impact fees shall not entitle the applicant to a building permit unless all other applicable land use, land development, zoning, planning, concurrency, and other applicable requirements, standards, and conditions have been met. Such other requirements, standards, and conditions are independent of the requirement for payment of impact fees required by this Section.

(c)

This Section, including the specific impact fee ordinances for particular public facilities, shall not affect, in any manner, the permissible use of property, density or intensity of development, design and improvement standards, or other applicable standards or requirements of the ULDRs.

(B)

Definitions.Article 10, Definitions and general rules of construction shall apply to this Article. However, the following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alternative park impact fee shall mean any alternative fee calculated by an applicant and approved by the City Manager pursuant to Section 080-080 of the ULDRs.

Alternative Technical Report shall mean a study prepared by an applicant and submitted to the City Manager pursuant to Section 080-080 of the ULDRs.

City park system shall include all parks and recreation facilities owned and operated by the City and designed and intended to serve all City residents, including active parks, passive parks, water access sites, and associated recreational facilities and buildings, but does not include those parks and recreational facilities that are owned and operated by any private entity, the federal government, or Broward County or those parks and recreational facilities that are owned and operated by the State of Florida. For the purposes of this Article, the term "City park system" also does not include neighborhood parks.

Developer shall mean a person, corporation, organization, or other legal entity undertaking development.

Development shall mean any new residential or nonresidential construction or expansion of building(s) or structure(s), or any changes in the use of any building(s) or structure(s) or land use that will generate additional impact on the City's public facilities.

Encumbered shall mean legally obligated or otherwise committed to use by appropriation or contract.

Essential public services shall mean services or buildings owned, managed, or operated by or in the interest of a governmental entity, which provides a function critical to the health, safety, and welfare of the public, but which is not proprietary in nature. Essential public services may specifically include, but not be limited to, public schools (including charter schools), water and sewer services, emergency services, publicly-owned housing, public safety facilities and services.

Fair share shall mean that share or portion of the cost of public facility improvements which is reasonably connected to, or has a rational nexus with, the need for additional capital facilities and the increased impact generated by the new residential or commercial construction.

Fee payer shall mean a person undertaking development who pays a fair share impact fee in accordance with the terms of this Section.

Fire facilities shall mean the land, equipment, vehicles and buildings as may be necessary to meet the needs for fire rescue services which are created by new development, including those costs which are incidental to the above.

Fire facilities capital costs include, but are not limited to, costs associated with the planning, design and construction of new or expanded fire facilities and apparatus, which have a life expectancy of five (5) or more years, and the land acquisition, land improvement, design, and engineering related thereto. Such costs do not include routine and periodic maintenance expenditures or personnel, training, or other operating costs but do include the following costs as they relate to the provision of fire facilities:

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

The cost of all construction, new drainage facilities in conjunction with new buildings and structures, and site improvements required in accordance with the Comprehensive Plan and/or ULDRs;

(5)

The cost of relocating utilities to accommodate new construction;

(6)

The cost of planning, engineering and legal services;

(7)

The cost of all land surveying, and soils and materials testing;

(8)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts; and

(9)

The cost of equipment and vehicles and necessary appurtances thereto.

General government facilities shall mean the land and buildings as may be necessary to meet the needs for City administration which are created by new development, including those costs which are incidental to the above.

General government facilities capital costs include, but are not limited to, costs associated with the planning, design and construction of new or expanded general government facilities, which have a life expectancy of five or more years, and the land acquisition, land improvement, design, and engineering related thereto. Such costs do not include routine and periodic maintenance expenditures or personnel, training, or other operating costs but do include the following costs as they relate to the provision of general government facilities:

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

The cost of all construction, new drainage facilities in conjunction with new buildings and structures, and site improvements required in accordance with the Comprehensive Plan and/or ULDRs;

(5)

The cost of relocating utilities to accommodate new construction;

(6)

The cost of planning, engineering and legal services;

(7)

The cost of all land surveying, and soils and materials testing;

(8)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts; and

(9)

The cost of equipment and necessary appurtances thereto.

Impact fee shall mean a fee imposed pursuant to this Section.

Impact fee account shall mean an account established by the City for the purpose of segregating impact fee revenues collected for a particular public facility from all other City funds.

Infrastructure means a fixed capital expenditure or fixed capital outlay, excluding the cost of repairs or maintenance, associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of at least five (5) years; related land acquisition, land improvement, design, engineering, and permitting costs; and other related construction costs required to bring the public facility into service. The term also includes a fire department vehicle, an emergency medical service vehicle, a police department vehicle, and the equipment necessary to outfit the vehicle for its official use.

Level of service is a measure of the availability and accessibility of public facilities in support of public facility services.

Library facilities shall mean the land, equipment, and buildings as may be necessary to meet the needs for library services which are created by new development, including those costs which are incidental to the above.

Library facilities capital costs include, but are not limited to, costs associated with the planning, design and construction of new or expanded library facilities, which have a life expectancy of five (5) or more years, and the land acquisition, land improvement, design, and engineering related thereto. Such costs do not include routine and periodic maintenance expenditures or personnel, training, or other operating costs but do include the following costs as they relate to the provision of library facilities:

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

The cost of all construction, new drainage facilities in conjunction with new buildings and structures, and site improvements required in accordance with the Comprehensive Plan and/or ULDRs;

(5)

The cost of relocating utilities to accommodate new construction;

(6)

The cost of planning, engineering and legal services;

(7)

The cost of all land surveying, and soils and materials testing;

(8)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts; and

(9)

The cost of equipment and necessary appurtances thereto.

Non-commencement shall mean the cancellation of construction activity making a material change in a structure, or the cancellation of any other development activity making a material change in the use or appearance of land.

Parks and recreation facilities shall mean the land, buildings, structures, equipment and facilities as may be necessary to meet the needs for the City parks and recreation system, which are created by new development, including those costs which are incidental to the above.

Parks and recreation facilities capital costs include, but are not limited to, capital costs associated with the planning, design and construction of new or expanded parks and recreation facilities which have a life expectancy of five (5) or more years, and the land acquisition, land improvement, design, and engineering related thereto. Such costs do not include routine and periodic maintenance expenditures or personnel, training, or other operating costs, but do include the following as they relate to the provision of parks and recreation facilities:

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

The cost of new equipment;

(5)

The cost of all construction, new drainage facilities in conjunction with new buildings and structures, and site improvements required in accordance with the Comprehensive Plan and/or ULDRs;

(6)

The cost of relocating utilities to accommodate new construction;

(7)

The cost of planning, engineering and legal services;

(8)

The cost of all land surveying, and soils and materials testing; and

(9)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Police facilities shall mean the land, equipment, vehicles and buildings as may be necessary to meet the needs for police services which are created by new development, including those costs which are incidental to the above.

Police facilities capital costs include, but are not limited to, costs associated with the planning, design and construction of new or expanded Police facilities and vehicles, which have a life expectancy of three (3) or more years, and the land acquisition, land improvement, design, and engineering related thereto. Such costs do not include routine and periodic maintenance expenditures or personnel, training, or other operating costs but do include the following costs as they relate to the provision of Police facilities:

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

The cost of all construction, new drainage facilities in conjunction with new buildings and structures, and site improvements required in accordance with the Comprehensive Plan and/or ULDRs;

(5)

The cost of relocating utilities to accommodate new construction;

(6)

The cost of planning, engineering and legal services;

(7)

The cost of all land surveying, and soils and materials testing;

(8)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts; and

(9)

The cost of equipment-and vehicles and necessary appurtances thereto.

Public facilities shall mean means major capital improvements, including transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities, and includes emergency medical, fire, and law enforcement facilities for which impact fees are collected pursuant to this Article.

Public facilities capital costs include general government facilities capital costs, parks and recreation facilities capital costs, library capital costs, police capital costs, and fire capital costs.

Technical report shall mean the "City of Wilton Manors 2022 Municipal Impact Fees Study," prepared by Raftelis Financial Consultants, Inc., and dated August 16, 2022.

(C)

Applicability of this Section.

(1)

Affected area. This Section shall apply to all new development within the City. Impact fees for particular public facilities may apply to less than the entire City, only as indicated specifically in this Section.

(2)

Type of development affected. Except where specifically exempt by the provisions of this Section, this Section shall apply to all new development.

(3)

Type of development not affected. Exemption for governmental or public facilities. Governmental or public facilities are exempt from the requirement that impact fees be paid.

(a)

Such facilities are those parcels, grounds, buildings or structures owned by municipal, County, State or federal governments, the Broward County School Board or the South Florida Water Management District and related to the operation of those entities and used for governmental purposes including, but not limited to, governmental offices, police and fire stations, airports, seaports, parking facilities, equipment yards, sanitation facilities, water control structures, schools, parks and similar facilities in or through which general government operations are conducted.

(b)

This exemption also includes privately-owned properties or facilities that are leased to a governmental entity for the exclusive purpose of establishing a temporary public facility while the permanent public facility is being constructed, provided that impact fees shall be assessed at the time another use is established on such property or in such facility.

(c)

It is provided, however, the following shall not be considered governmental or public facilities and shall be subject to payment of impact fees:

(i)

Privately owned properties or facilities leased for governmental operations or activities, except as provided in this subsection; and

(ii)

Public properties or facilities used for private residential, commercial, or industrial activities.

(D)

Collection of impact fees; fair share agreements; when not paid by mistake or inadvertence; liens.

(1)

Collection. Impact fees required by this Section shall be assessed against new development and collected in full at the time of the issuance of a building permit by the City. The City may withhold the issuance of a TCO or CO until the applicant has paid in full the applicable impact fees imposed by this Section. The obligation for payment of assessed impact fees shall run with the land. The City may authorize the payment of impact fees at another point in the development of the property only pursuant to a fair share fee agreement as provided in this Section. The City Commission may establish and collect an administrative charge (which will be limited to actual costs) to offset its actual costs of impact fee collection by adoption of a resolution.

(2)

Fair share fee agreements. At any time prior to the issuance of a building permit, the owner of property may enter into a fair share fee agreement with the City providing for payment of impact fees imposed by this Section. Such fee agreement may provide for installment payments of the fee for a term not to exceed twelve (12) months, credit and security arrangements acceptable to the City and other matters relating to the fee. Within fourteen (14) days after execution by the City, the fair share fee agreement shall be recorded in the Broward County public records.

(3)

Collection of fees when not paid by inadvertence; liens. If the impact fees are not paid as required by this Section prior to the issuance of a certificate of occupancy because of mistake or inadvertence, the City shall proceed to collect the impact fees as follows:

(a)

The City shall serve, by certified mail, return receipt requested, an impact fee statement notice upon the applicant at the address set forth in the application for building permit, and the owner at the address appearing on the most recent records maintained by the property appraiser of Broward County. The City also shall attach a copy of the impact fee statement notice to the building permit posted at the affected construction site if the building is under construction. Service of the impact fee statement notice shall be deemed effective on the date the return receipt indicates the notice was received by either the applicant or the owner or the date said notice was attached to the building permit, whichever occurs first.

(b)

The impact fee statement notice shall contain the legal description of the property and shall advise the applicant and the owner as follows:

(i)

The amount due and the general purpose for which the impact fee was imposed.

(ii)

That the impact fee shall be delinquent if not paid and received by the City within sixty (60) calendar days of the date the impact fee statement notice is received, excluding the date of receipt, and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid;

(c)

That in the event the impact fee becomes delinquent a lien against the property for which the building permit was secured shall be recorded in the Official Records Book of Broward County. The impact fee shall be delinquent if, within sixty (60) calendar days from the date of the receipt of the impact fee statement notice by either the applicant or the owner, or the date said notice was attached to the building permit, neither the impact fees have been paid and received by the City, nor a hearing requested pursuant to the requirements above. In the event a hearing is requested, the impact fees shall become delinquent if not paid within thirty (30) calendar days from the date the City Commission determines the amount of impact fees due upon the conclusion of such hearing. Said time periods shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said impact fee statement notice or the hearing date of the City Commission's decision in the event of an appeal. In the event the last day falls on a Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business day. Upon becoming delinquent, a delinquency fee equal to ten (10) percent of the total impact fee imposed shall be assessed. Such total impact fee, plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid.

(d)

Should the impact fee become delinquent, the City shall serve, by certified mail return receipt requested, a "Notice of Lien" upon the delinquent applicant if the building is under construction at the address indicated in the application for the building permit, and upon the delinquent owner at the address appearing on the most recent records maintained by the Property Appraiser of Broward County. The notice of lien shall notify the delinquent applicant and owner that due to their failure to pay the impact fee, the City shall file a Claim of Lien with the Clerk of the Circuit Court in and for Broward County.

(e)

Upon mailing of the notice of lien, the City Attorney shall file a claim of lien with the Clerk of the Circuit Court in and for Broward County for recording in the Official Records of Broward County. The claim of lien shall contain the legal description of the property, the amount of the delinquent impact fees and the date of their imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The City Attorney shall proceed expeditiously to collect or otherwise enforce said lien.

(f)

After the expiration of six (6) months from the date of recording of the claim of lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. §§ 173.04—173.12, inclusive, which provisions are hereby incorporated herein in their entirety to the same extent as if such provision were set forth herein verbatim.

(g)

The liens for delinquent impact fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other subsequently filed liens and claims, until paid as provided herein.

(h)

The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative regulations of the City or any applicable law or administrative regulation of the State of Florida. Failure of the City to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the City or any applicable law or administrative regulation of the State of Florida.

(E)

Individual assessment of impact fees.

(1)

Any applicant prior to or in conjunction with the submission of an application for a building permit or within thirty (30) days of the date of payment of impact fees, may petition the City Manager or City Manager's designee for a determination that: i) the amount of the impact fees imposed on the new development is inappropriate based on the specific land use category applied to the residential or nonresidential development and/or based on the amount of development used to calculate the impact fees and/or based on the service units, as identified in the Technical Report, to be generated by the applicant's new development as documented by studies and data supported by qualified experts, or ii) the impact fees are otherwise unlawfully imposed. The petition shall specify in detail the basis on which the applicant asserts that the amount of the impact fees is inappropriate or unlawful.

(2)

The petition shall be on a form provided by the City and shall, at a minimum, include: identification of the disputed factor(s), a detailed statement asserting the basis for the dispute, the data relied upon by the petitioner, a detailed statement by a qualified professional engineer, planner or other appropriate professional, and, if filed after payment of impact fees, a dated receipt for payment of the impact fees issued by the City's Community Development Services Department. The applicant/petitioner shall be responsible for all costs incurred by the City in reviewing and evaluating the petition, including but not limited to, staff time and costs of outside consultants used at the discretion of the City. Failure to timely file a petition for impact fee determination shall waive any right to challenge, review or recalculate the impact fee payment.

(3)

Within fifteen (15) business days of receipt of an individual assessment analysis, the City Manager or City Manager's designee shall determine if the individual assessment analysis is complete. If the City Manager or City Manager's designee determines the application is not complete, they shall send a written statement specifying the deficiencies by mail to the person submitting the application. Until the deficiencies are corrected, the City Manager or City Manager's designee shall take no further action on the application.

(4)

When the City Manager or City Manager's designee determines the individual assessment analysis is complete, they shall review it within thirty (30) business days. The City Manager or City Manager's designee shall approve the proposed fee if they determine that the data, factors, and methodology used to determine the proposed impact fee are professionally acceptable and fairly assess the costs for capital improvements to the City's public facilities systems that are necessitated by the proposed development if the facilities are to be maintained at adopted levels of service. If the City Manager or City Manager's designee determines that the data, factors, or methodology are unreasonable, the proposed fee shall be denied, and the developer shall pay the impact fees according to the schedule established in Section 080-080 of the ULDR or as set by the City Manager or City Manager's designee, if the use had not previously been identified in the fee schedule.

(5)

Any applicant may appeal the City Manager's or City Manager's designee's decision on an individual assessment analysis by filing a petition to the City Commission of the City consistent with subsection 080-070(J) of the ULDR.

(F)

Credits.

(1)

Any person who initiates any development may apply for a credit against the impact fees imposed by this Section for any contribution, payment, construction, or dedication of land accepted and received by the City for public facilities, not otherwise required in order to obtain development approval, consistent with the Comprehensive Plan, including all public facilities capital costs.

(2)

No credit shall exceed the impact fee imposed by this Section for the proposed development, unless the applicant provides public facility capacity in excess of the fair share demand created by its proposed development.

(3)

Development agreements entered into prior to the adoption of this Section which contained public facility improvements may be entitled to a credit under the provisions of this Section if the improvement is a public facility and is consistent with the Comprehensive Plan.

(4)

Except as limited above, if an applicant is entitled to a credit, such credit shall be equal to the dollar for dollar value of the cost of the public facilities contributed, paid for, constructed, or dedicated to the City, based on the following criteria:

(a)

The actual cost, or estimated cost of improvements based on recent bid sheet information of the City; and

(b)

A qualified appraisal of the fair market value of any land.

(5)

The property owner shall initiate a determination of entitlement to credit by submitting a proposed credit agreement to the City Manager or City Manager's designee. The credit agreement shall include the following information:

(a)

A proposed plan of specific public facility improvements, prepared and certified by a duly qualified and licensed Florida engineer; and

(b)

The estimated costs for the suggested public facilities improvements consistent with the definition of public facilities capital costs, which shall be based on local information for similar public facilities improvements, along with a construction timetable for the completion of such improvements.

(6)

The proposed credit agreement shall be prepared by qualified professionals in the field of planning and/or engineering, impact analysis, and economics, as related to the particular impact fee to be credited.

(7)

Within fifteen (15) business days of receipt of the proposed credit agreement, the City Manager or City Manager's designee shall determine if the proposal is complete. If it is determined that the proposed credit agreement is not complete, the City Manager or City Manager's designee shall send a written statement to the applicant outlining the deficiencies. The City Manager or City Manager's designee shall take no further action on the proposed credit agreement until all deficiencies have been corrected or otherwise settled.

(8)

Once the City Manager or City Manager's designee determines the credit agreement is complete, they shall review it within thirty (30) business days, and shall recommend to the City Commission that the proposed credit agreement be approved if it is determined that the proposed public facility improvement is consistent with the Comprehensive Plan, and the proposed costs for the suggested public facility improvement are professionally acceptable and fairly assess the cost for the capital improvement. If the City Manager or City Manager's designee determines that either the suggested public facilities improvement is not consistent with the Comprehensive Plan or that the proposed costs are not acceptable, they shall propose a suggested public facility improvement similar to that proposed, but consistent with the provisions of this Section.

(9)

If the proposed credit agreement is approved by the City Commission, a credit agreement shall be prepared and signed by the applicant and the City. The credit agreement shall specifically outline the public facility improvement that will be constructed by the applicant, the time by which it shall be completed, and the dollar credit the applicant shall receive for construction of the public facilities improvement.

(10)

Within fourteen (14) days after execution by the City, the credit agreement shall be recorded in the Broward County public records.

(11)

If the City increases its impact fee rates, the holder of any impact fee credits, whether such credits are granted under F.S. §§ 163.3180 or 380.06, or otherwise, which were in existence before the increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established. This subsection (F) shall operate prospectively and not retrospectively.

(12)

Impact fee credits are assignable and transferable at any time after establishment from one development or parcel to any other within the City and which receives benefits from the improvement or contribution that generated the credits.

(G)

Use of funds collected; impact fee accounts.

(1)

Impact fees collected pursuant to this Section shall be used solely for the purpose of acquisition, expansion, and development of the public facilities identified in the Comprehensive Plan, the need for which results from and the provision of which will benefit new development paying impact fees. Allowable expenditures include, but are not limited to:

(a)

Public facilities and public facilities capital costs identified in the Comprehensive Plan to benefit new users;

(b)

Repayment of monies transferred or borrowed from any budgetary fund of the City which were used to fund the acquisition, expense and development of the public facilities identified in the Comprehensive Plan where the use of the monies is reasonably connected to, or has a rational nexus with, the increased impact on the public facilities generated by the new residential or nonresidential construction;

(c)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to provide funds for acquisition, expansion and development of public facilities identified in the Comprehensive Plan;

(d)

Administration of the City's impact fee program to the extent that such administration costs do not exceed actual costs of such administrative activities.

(2)

Impact fees collected shall be encumbered for the construction of public facilities within seven (7) years of the date of collection.

(3)

In order to ensure that impact fee revenues are earmarked and spent solely for the expansion of public facilities necessary to offset the impacts of new development, the following provisions apply:

(a)

The City shall establish and maintain separate impact fee accounts for each public facility for which an impact fee is collected, in accordance with the provisions of this Section.

(b)

Impact fees shall be spent solely for the public facility category for which they were collected.

(c)

Any amounts in an impact fee account not immediately necessary for expenditure shall be invested in an interest bearing account and all interest income derived from such investments shall be deposited in the impact fee account.

(4)

Impact fee revenues shall remain segregated from other City funds and only impact fees and accrued interest shall be maintained in the impact fee accounts.

(5)

Amounts withdrawn from an impact fee account must be used solely in accordance with the provisions of this Section. Amounts on deposit in an impact fee account shall not be used for any expenditure that would be classified as a maintenance, operations, or repair expense or to address existing deficiencies in public facilities.

(H)

Refunds.

(1)

Any impact fee collected may be returned to the fee payer if the approved development is canceled due to non-commencement of construction before the funds have been spent or encumbered. Refunds may be made in accordance with this Section provided the present owner of the approved development files a petition for a refund within six (6) months from the date of non-commencement.

(2)

A refund application shall include the following information:

(a)

A notarized sworn statement that the fee payer paid the impact fee for the property and the amount paid;

(b)

A copy of the dated receipt issued by the City for payment of the fee;

(c)

A certified copy of the latest recorded deed for the property; and

(d)

A copy of the most recent ad valorem tax bill.

(3)

Within fifteen (15) business days of receipt of a refund application, the City Manager or City Manager's designee shall determine if it is complete. If the City Manager or City Manager's designee determines the refund application is not complete, they shall send a written statement specifying the deficiencies by mail to the person submitting the refund application. Unless the deficiencies are corrected, the City Manager or City Manager's designee shall take no further action on the refund application.

(4)

When the City Manager or City Manager's designee determines the refund application is complete, they shall review it within thirty (30) business days, and shall approve the proposed refund if they determine that the City has not spent or encumbered an impact fee within seven (7) years from the date the fees were paid.

(5)

When the refund application is approved, the money shall be returned with interest actually accrued, less any administrative charges (which will be limited to actual costs) paid to offset the City's costs of collection.

(6)

Any fee payer may appeal the City Manager's or City Manager's designee's written decision on a refund application by filing a petition with the City Commission consistent with subsection 080-070(J).

(I)

Updating, indexing, annual reporting, and audits.

(1)

At least once every five (5) years, the City shall update the Technical Report which provides the basis for the impact fees imposed under this Section.

(2)

Audits of the City's financial statements, which are performed by a certified public accountant pursuant to F.S. §218.39, and submitted to the auditor general, must include an affidavit signed by the Finance Director, in compliance with the requirements of F.S. §163.31801. The City will provide for annual accounting and reporting of impact fee collections and expenditures and will account for the revenues and expenditures of such impact fee in a separate accounting fund.

(3)

All updates and annual adjustments to this Section shall comply with statutory requirements for notice and publication.

(J)

Appeals.

(1)

Initiation. A fee payer may appeal a final decision of the City Manager made pursuant to this Section or any provision of this Section to the City Commission, by filing an appeal, in writing, with the City Clerk, within twenty (20) calendar days of the decision. The appeal shall include a written notice stating and specifying briefly the grounds of the appeal. The City Clerk shall place the appeal on the City Commission's agenda for a regularly scheduled meeting or a special meeting called for that purpose, and forward the record of the matter that is on appeal to the City Commission.

(2)

Record. The record considered by the City Commission shall be the record of the application associated with the final decision being appealed from and any other documents related to the decision.

(3)

Notice. The City Clerk shall provide the applicant at least fifteen (15) calendar days notice of the Appeal before the City Commission by mail or hand delivery.

(4)

Hearing on Appeal. At the hearing on the appeal, the City Commission shall provide the appellant an opportunity to identify the grounds for the appeal and the basis for the City Manager's alleged error on the decision, based on the record. To the extent relevant, the City Manager whose decision is being appealed from shall be allowed to respond, based on the record. After the presentations, the City Commission may hear from any other person(s) it deems appropriate, and then based on the testimony heard at the hearing and the record affirm, modify, or reverse the decision of the City Manager or the provision of this Section.

(5)

Standards. To reverse a decision of a City official, the City Commission shall find that there is a clear and demonstrable error in the application of the facts in the record to the applicable standards set forth in this Section. If the City Commission reverses or modifies the decision, it shall provide the City official clear direction on the proper decision. In no case shall the City Commission have the authority to negotiate the amount of the impact fees or waive the impact fees otherwise specified in this Section. The decision of the City Commission shall be final.

(6)

Form of Decision. The City Commission's decision on the appeal shall be in writing, and include findings of fact and the application of those facts to the relevant standards.

(Ord. No. 2022-016, § 3, 9-13-2022)

Editor's note— Ord. No. 2022-016, § 3, adopted September 13, 2022, amended § 080-070 in its entirety to read as herein set out. Former § 080-070, pertained to parks and recreation impact fees, and derived from Ord. No. 848, adopted October 14, 2003 and Ord. No. 888, adopted November 22, 2005.

The following impact fees are hereby levied on all new development, as set forth in Section 080-070(C):

(1)

Police facilities impact fee.

(a)

A police facilities impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this Article, in accordance with the fee schedule.

(b)

There is hereby established a police facilities impact fee account into which all police facilities impact fees collected shall be deposited. Police facilities impact fee revenues shall be spent only on police facilities and police facilities capital costs as provided in this Article.

(2)

Fire facilities impact fee.

(a)

A fire facilities impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this Article, in accordance with the fee schedule.

(b)

There is hereby established a fire facilities impact fee account into which all fire facilities impact fees collected shall be deposited. Fire facilities impact fee revenues shall be spent only on fire facilities and fire facilities capital costs as provided in this Article.

(3)

Parks and recreation impact fee.

(a)

A parks and recreation impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this Section, in accordance with the fee schedule.

(b)

There is hereby established a parks and recreation impact fee account into which all parks and recreation impact fees collected shall be deposited. Parks and recreation impact fee revenues shall be spent only on parks and recreation facilities and parks and recreation facilities capital costs as provided in this Section.

(c)

Alternate parks and recreation impact fee:

(i)

In the event an applicant believes that the impact to the City park system caused by the residential construction is less than the impact established in the Technical Report and the fees provided in this Section, such applicant may, prior to issuance of a building permit for such residential construction, file an alternative Technical Report with the City Manager. The City Manager shall review the alternative calculations and make a determination within forty-five (45) days of submittal as to whether such calculations comply with the requirements of this Section.

(ii)

For purposes of any alternative park impact fee calculation, the residential construction shall be presumed to have the maximum impact on the City park system.

(iii)

The alternative park impact fee calculation shall be based on data, information or assumptions contained in this Article and the Technical Report or independent sources, provided that:

(1)

The independent source is a generally accepted standard source of planning information and cost impact analysis performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the Technical Report; or

(2)

The independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the Technical Report.

(iv)

If the City Manager determines that the data, information and assumptions utilized by the applicant comply with the requirements of this Section and that the calculation of the alternative park impact fee was by a generally accepted methodology that is consistent with the Technical Report, then the alternative park impact fee shall be paid in lieu of the fees adopted in this Section.

(v)

If the City Manager determines that the data, information and assumptions utilized by the applicant to compute an alternative park impact fee do not comply with the requirements of this Section, then the City Manager shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection and the reasons therefore.

(4)

Library facilities impact fee.

(a)

A library facilities impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this Article, in accordance with the fee schedule.

(b)

There is hereby established a library facilities impact fee account into which all library facilities impact fees collected shall be deposited. Library facilities impact fee revenues shall be spent only on library facilities and library facilities capital costs as provided in this Article.

(5)

General government facilities impact fee.

(a)

A general government facilities impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this Article, in accordance with the fee schedule.

(b)

There is hereby established a general government facilities impact fee account into which all general government facilities impact fees collected shall be deposited. General government facilities impact fee revenues shall be spent only on general government facilities and general government facilities capital costs as provided in this Article.

(Ord. No. 2022-016, § 4, 9-13-2022)

Editor's note— Ord. No. 2022-016, § 4, adopted September 13, 2022, amended § 080-080 in its entirety to read as herein set out. Former § 080-080, pertained to police and fire impact fees.

(A)

[Purpose.] The City Commission of the City of Wilton Manors has determined that the public health, safety and general welfare requires the implementation of an affordable housing program for the following purposes:

(1)

To implement the goals, policies and objectives of the Wilton Manors Comprehensive Plan,

(2)

To provide housing opportunities for lower income families in order to meet the existing and anticipated housing needs of such persons and to maintain a socio-economic mix in the community,

(3)

To satisfy the community's obligation to provide that a fair share of the community's housing production is affordable to lower income families,

(4)

To provide for a range of housing opportunities for those who work in Wilton Manors and who provide a community with essential services but cannot afford to live in the community,

(5)

To provide that developments which create additional affordable housing demand within Wilton Manors share in the responsibility to provide affordable housing.

(B)

Affordable Housing Fee Established.

(1)

In order to implement an affordable housing program, an affordable housing fee is hereby established, to be paid at the time of the issuance of building permits, based on the following schedule:

a.

For residential construction the fee shall be twenty-five cents ($0.25) per square foot of construction.

b.

For non-residential construction, except non-profit institutions, the fee shall be twenty-five cents ($0.25) per square foot of construction.

(2)

The affordable housing fee shall be assessed for all new construction, building additions and on the renovation of existing buildings and building space when the building permit value of the renovation or improvement exceeds fifty (50) percent of the replacement cost of the building or building space at the time of construction.

(C)

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:]

Affordable housing. Housing for which monthly rents or monthly mortgage payments (including taxes and insurance) do not exceed thirty (30) percent of an amount representing the percentage (very low = 50 percent; low = 80 percent; moderate = 120 percent) of the median income limits adjusted for family size for the households.

Residential construction. Enclosed building and floor areas used for living and habitation including screened porches, recreation rooms, guest houses, but excluding garages, carports, open balconies, screen pool enclosures, cabanas, attics and storage sheds.

Square footage. Square footage shall be calculated in the same method as defined as utilized within the zoning code as calculated for floor area or floor area ratio.

Non-residential construction. Enclosed building and floor areas used for non-residential purposes, but excluding parking decks or garages, carports or covered parking, attics, external mechanical or storage buildings.

(D)

Exemptions.

(1)

The following shall be exempt from the affordable housing fee:

a.

Residential buildings constructed as part of the City's affordable housing program.

b.

Residential building projects which contain a set-aside of housing unit(s) which qualify under the definition of affordable housing or residential units which are constructed such that they qualify as affordable housing, as defined herein.

c.

Non-residential building construction that constitutes the exempt use of property for educational, literary, scientific, religious, charitable or governmental use, as defined by Ch. 196, Florida Statutes, or that is used for such purposes by organizations, which qualify for exemption from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.

d.

That portion of a building utilized as a nursing home or assisted living facility, but not including retirement homes.

(2)

Whenever questions arise as to the applicability of these exemptions, such interpretations may be requested from the City Commission by the City Manager or by the affected party.

(E)

Affordable Housing Trust Fund.

(1)

The City Commission hereby creates the "Affordable Housing Trust Account" (the "Affordable Housing Trust Account") which shall be maintained separate and apart from all other City accounts.

(2)

Affordable Housing Fees shall, upon receipt by the City, be deposited into the Affordable Housing Trust Account immediately upon receipt.

(3)

The monies deposited into the Affordable Housing Trust Account, as established in subsection (1) above, shall be used solely for the purpose of implementing an affordable housing program within the City including, but not limited to:

a.

Land acquisition, including any cost of acquisition;

b.

Fees for professional services, including but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals, and construction management;

c.

Design and construction documents;

d.

Site development and on-site and off-site improvements incidental to the construction thereto;

e.

Any permitting or application fees necessary for the construction;

f.

Design, construction or implementation of an affordable housing program;

g.

Repayment of monies borrowed from any budgetary fund of the City which were used to fund the affordable housing program as provided herein;

h.

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to fund the affordable housing program to the effective date of this Section; and

i.

Costs related to the administration, collection, and implementation of the Affordable Housing Fees.

(4)

The moneys deposited into the Affordable Housing Trust Account shall be used solely to implement an affordable housing program within the City.

(5)

Any Affordable Housing Fee funds on deposit which are not immediately necessary for expenditure shall be invested by the City. All income derived from such investments shall be deposited in the Affordable Housing Trust Account and used as provided herein.

(F)

Affordable Housing Program. The City Commission shall establish, by resolution after public hearing, an affordable housing program to accomplish the public purposes set forth. The Affordable Housing Program shall include regulations which maximize the production of affordable housing units and which set forth restrictions that will maximize the preservation and continued use of those units as affordable housing.

(G)

Declaration of Exclusion from Administrative Procedures Act. Nothing contained in this Section shall be construed or interpreted to include the City in the definition of agency contained in F.S. § 120.52, or to otherwise subject the City to the application of the Administrative Procedures Act, Ch. 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this Section.

(Ord. No. 885, § 2, 11-11-05)

All plats, replats, plat note amendments, findings of adequacy or site plans with a residential component shall be subject to the public school concurrency requirements as set forth in Section 5-182(m) of the Broward County Land Development Code, as amended from time to time. The burden shall be on the applicant to ensure compliance with this Section, and the applicant shall provide the necessary documentation from Broward County demonstrating satisfaction of these requirements.

(Ord. No. 935, § 2, 8-12-08)