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O-352-C U CITY OF CLERMONT CODE ORDINANCE No. 352-C AN ORDINANCE OF THE CITY OF CLERMONT AMENDING CHAPTER 90 "CONCURRENCY MANAGEMENT" OF THE CITY CODE BY IDENTIFYING EXISTING SECTIONS 90- 1 THROUGH 90-11 A5 ARTICLE I "IN GENERAL" AND BY CREATING ARTICLE II "TRANSPORTATION PROPORTIONATE FAIR SHARE", SECTIONS 90-1b THROUGH 90-25; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HEREBY ORDAINS THAT: SECTION 1. T'he City of Clermont Code of Ordinances Chapter 90, "Concurrency Management" Sections 90-1 through 90- 11, is hereby amended to be referenced as Article I, "In general". • SECTION 2. The City of Clermont Code of Ordinances Chapter 90, "Concurrency Management" is hereby amended to create Article II, "Transportation proportionate fair share", which shall read as follows: Section 90-16. Purpose and intent. The purpose of this ordinance 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 §163.3180(16), F.S., or its successor. This ordinance will also provide methods and procedures for Lake County and the municipalities located therein to coordinate the Proportionate Fair Share Program. Section 90-17. Applicability The Proportionate Fair-Share Program shall apply to all proposed developments in the City of Clermont that have been notified of a transportation concurrency deficiency on a transportation facility in the Concurrency Management System (CMS). The Proportionate Fair- 5hare Program does not apply to developments of regional impact (DRIs) using proportionate fair-share under §163.3180(12), F.S., or its successor, or to developments exempted from • concurrency as provided by local and state law. CITY OF CLERMONT CODE ORDINANCE N0.352-C • Page 2 Section 90-18. Definitions The following definitions shall apply to the subject terms as used in this Article: (1) Concurrency. As set forth in Section 163.3180(2)(c), F.S., or its successor, concurrency shall be defined as transportation facilities needed to serve new development shall be in place or under actual construction within 3 years after the local government approves a building permit or its functional equivalent that results in traffic generation. (2) De minimis is defined as an impact that would not affect more than one (1) percent of the maximum service volume at the adopted level of service of the affected transportation facility as determined by the local government. (3) County is defined as Lake County. (4) City is defined as the City of Clermont. (5) Municipality is defined as any affected municipality within Lake County. Section 90-19. General requirements. (a) An applicant may choose to satisfy the transportation concurrency requirements of the • County and/or a Municipality 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 five-year schedule of capital improvements in the Capital Improvements Element (CIE) or the schedule of capital improvements for the long-term CMS includes a transportation improvement(s) that, upon completion, will satisfy the then existing requirements of the applicable CMS. The provisions of Section 90-19 (b) may apply if a project or projects needed to satisfy concurrency are not presently contained within the applicable CIE(s) or the adopted long-term schedule of capital improvements. (3) A proportionate share contribution may involve the addition of transportation capacity through several means including but not limited to: the physical widening and/or reconstruction of a roadway to add capacity; the addition of transportation capacity through creating new reliever roadways; new network additions; contributing to new transit capital facilities (e.g., bus rapid transit corridor); contributing to the expansion of bus fleets to increase service frequency, other contributions to mass transit system expenses; or any other means determined by the County and/or Municipality to add transportation capacity sufficient to • mitigate impacts. CITY OF CLERMONT CODE ORDINANCE N0.352-C • Page 3 (b) The County or Municipality may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by approving the applicant's contribution to an improvement or improvements that, upon completion, will satisfy the requirements of the applicable CMS(s), but is not contained in the five-year schedule of capital improvements in the CIE(s) or a long-term schedule of capital improvements for an adopted long-term CMS, where the following apply: (1) The City adopts, by resolution or ordinance, a commitment to add the improvement to the schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the appropriate jurisdictions and agencies and must be determined to be financially feasible pursuant to §163.3180(16)(b)1, F.S., or its successor, consistent with the comprehensive plan of each jurisdiction within which any portion of the proposed improvement would lie, and in compliance with the provisions of this ordinance. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities. If a transportation facility proposed for the Proportionate Share Program is under the jurisdiction of another entity, such as the County or FDOT, the proposed improvement shall be included in the five-year Work • Program of that jurisdiction or, when the improvement is not in the Work Program, through resolution or ordinance, there shall be adoption of a commitment to add the improvement to the schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. (2) If the funds allocated for the schedule of capital improvements in the CIE are insufficient to fund construction of a transportation improvement required by the CMS, the County and/or Municipality may still enter into a binding proportionate fair-share agreement with the applicant. The agreement may authorize construction of the development if the proportionate fair-share amount in such agreement is determined to be sufficient to pay for improvements which will, in the opinion of the governing body of each governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement(s) funded by the proportionate fair-share component must, for each affected local jurisdiction, be adopted into the capital improvements schedule of the comprehensive plan or the long-term schedule of capital improvements for an adopted long-term concurrency management system at the next annual capital improvements element update. (c) Any improvement project proposed to meet the developer's fair-share obligation must meet design standards of the jurisdiction within which the majority of the planned improvements would be located for locally maintained roadways and those of the FDOT for the state and federal highway system. • CITY OF CLERMONT CODE ORDINANCE N0.352-C Page 4 (d) Pursuant to Section 163.3177, F.S., or its successor, the CIE must include transportation improvements included in the Lake Sumter MPO Transportation Improvement Plan (TIP) to the extent that such improvements are relied upon to ensure concurrency and financial feasibility. If the County or a Municipality is relying upon scheduled improvements to a facility maintained by the other to ensure concurrency and financial feasibility, the scheduled improvements from the other jurisdiction's Work Program must be included in the CIE of the local government issuing the development order. All CIEs must also be coordinated with the adopted Lake Sumter MPO's Long Range Transportation Plan (LRTP} for planning purposes. Section 90-20. Intergovernmental Coordination. (1) In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the City may enter into an agreement with an adjacent local government(s) to address cross jurisdictional impacts of development on transportation facilities. The agreement shall provide for application of the methodology in this section to address the cross jurisdictional transportation impacts of development. (2) A development application shall be subject to this section when a transportation concurrency determination is made that indicates the development will have an adverse impact on the adopted level of service standard on one or more facilities in a neighboring jurisdiction. . (3) Upon identification of an impacted transportation facility, the City shall notify the applicant and the other affected jurisdictions in writing of a potential proportionate fair-share agreement, based on the projected impacts of the proposed development on the facility. (4) Pursuant to policies in the Intergovernmental Coordination Element of the City's comprehensive plan and applicable policies in the Lake Sumter MPO 2025 LRTP, the City shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities. Proportionate fair-share contributions should be applied toward the impacted facility. However, impacted facilities may be maintained by an agency other than the local government executing the proportionate fair-share agreement (e.g., a county or state road within the city limits). Therefore, each local government shall work with other affected agencies to establish a procedure for coordinating mitigation to impacted facilities that are maintained by another agency. An interlocal agreement may be established with other affected jurisdictions for this purpose. Section 90-21. Application process. (1) Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall be notified in writing of the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to this article. CITY OF CLERMONT CODE ORDINANCE N0.352-C • Page 5 (2) Prior to submitting an application for a proportionate fair-share agreement, apre- application meeting shall be held with all affected jurisdictions to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. The appropriate parties for review of a proposed proportionate fair share agreement include the jurisdiction maintaining the transportation facility that is subject to the agreement, if other than the City. If the impacted facility is a state facility, then FDOT will be invited to participate in the pre-application meeting. (3) The City Manager or designee shall review the application and certify that the application is sufficient and complete within 10 business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair- Share Program, then the applicant will be notified in writing of the reasons for such deficiencies within 10 business days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed abandoned. The City may, in its discretion, grant an extension of time not to exceed 60 days to cure such deficiencies, provided that the applicant has shown good cause for requesting the extension and has taken reasonable steps to remedy the deficiencies. (4} Pursuant to Section 163.3180(16)(e), F.S., or its successor, proposed proportionate fair- share mitigation for development impacts to facilities on the Strategic Intermodal System (SIS) requires the approval of FDOT. The applicant shall submit evidence of an agreement between the applicant and FDOT for inclusion in the proportionate fair-share agreement. (S) When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the City and delivered to the appropriate parties for review no later than 60 days from the date which the applicant received the notification of a sufficient application and no fewer than 14 days prior to the governing body meeting when the agreement will be considered. The jurisdiction may need to enter into an agreement with FDOT as appropriate. (6) The City shall notify the applicant regarding the date of the city council meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the applicable governing body. Section 90-22. Determining proportionate fair share obligation. (a) Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively: private funds, contributions of land, and construction of and contribution of facilities. • CITY OF CLERMONT CODE ORDINANCE N0.352-C • Page b (b) A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. (c) The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in Section 163.3180(12), F. S., or its successor, as follows: Proportionate Fair-Share = E[[(Development Trips;) / (SV Increase;)] x Cost; ] Where: Development Trips; =Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the CMS; only those trips that trigger a concurrency deficiency will be included in the proportionate fair-share calculation; 5V Increasei = Service volume increase contributed by the eligible improvement to roadway segment "i"; Cost; = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, • right-of--way acquisition, planning, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred. (1) For the purposes of determining proportionate fair-share obligations, the City shall determine improvement costs based upon the actual cost of the improvement as obtained from cost estimates contained in the CIE, the Lake County Transportation Construction Program or the FDOT Work Program. Where such information is not available, improvement cost shall be determined by the following method: an analysis by the jurisdiction maintaining the facility of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the jurisdiction. In order to accommodate increases in construction material costs, project costs shall be adjusted. (d) If the City has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section. (e) If the City has accepted right-of--way dedication for the proportionate fair-share payment, credit for the dedication of the non-site related right-of--way shall be valued on the date of the dedication at 120 percent of the most recent assessed value by the Lake County property appraiser or, at the option of the applicant, by fair market value established by an independent • appraisal approved by the City and at no expense to the City. The applicant shall supply a survey CITY OF CLERMONT CODE ORDINANCE N0.352-C . Page 7 and legal description of the land and a certificate of title or title search of the land to the City at no expense to the City. If the estimated value of the right-of--way dedication proposed by the applicant is less than the City estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact FDOT for essential information about compliance with federal law and regulations. Section 90-23. Impact fee credit for proportionate fair-share mitigation. (1) Proportionate fair-share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the City's impact fee ordinance. Applicants would be eligible for impact fee credit for that portion of their proportionate fair- share payment that applies to a segment for which the City's transportation impact fee is being applied. (2) Impact fee credits for the proportionate fair-share contribution will be determined when • the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced per the Proportionate Fair-Share Agreement per the Impact Fee Ordinance of the jurisdiction within which the affected roadway facility lies, and if the facility lies within more than one jurisdiction, the impact fee credits shall be prorated accordingly. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the applicable jurisdiction entitled to collect impact fees, pursuant to the. requirements of the applicable impact fee ordinances. (3) The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location unless provided for within the local impact fee ordinance. Section 90-24. Proportionate fair-share agreements. (1) Upon execution of a proportionate fair-share agreement (Agreement), the applicant shall receive a certificate of concurrency from the City. Should the applicant fail to apply for a development order within 12 months of the execution of the Agreement, the certificate of • CITY OF CLERMONT CODE ORDINANCE N0.352-C • Page 8 concurrency shall be considered null and void, and the applicant shall be required to reapply for a concurrency determination. In addition, if the proposed development's impacts were the only impacts causing the potential deficient operation of the facility, the specific project may be removed from the CIE. (2) Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order which for the purposes of this section shall be recording of the final plat if the property to be developed is being subdivided, approval of the final site plan for a development which entails multiple residential or commercial units but is not being subdivided, and issuance of a building permit if the development consists of a single use structure on land not being subdivided. Once paid, contributions shall be non-refundable. If the payment is submitted more than 6 months from the date of execution of the Agreement, then the proportionate fair- share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to this article and adjusted accordingly. (3) All transportation improvements undertaken by the developer authorized under this ordinance must be completed prior to issuance of a final development order, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient • to ensure the completion of all required improvements. Any security instrument, in a form acceptable to the City, shall be for at least 150% of the estimated cost of improvements to be completed by the developer, and shall be subject to adjustment annually to take into account any increases in costs of materials and construction. The security instrument shall be irrevocable and shall remain in effect until the developer fully completes the required improvements. (4) Dedication of necessary right-of--way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order as provided above. (5) Any requested change to a development project subsequent to a development order shall be subject to additional proportionate fair-share contributions to the extent the change would generate additional impacts that would require mitigation. (6) Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the City or any other jurisdiction shall be non refundable. CITY OF CLERMONT CODE ORDINANCE N0.352-C Page 9 (7) The County or Municipality may enter into proportionate fair-share agreements with multiple applicants for selected corridor improvements to a shared transportation facility. 90-25. Appropriation of fair-share revenues. (a) Proportionate fair-share revenues shall be placed in the appropriate project account of the local government(s) entitled to share in the revenues for funding of scheduled improvements in the County or Municipal CIE, or as otherwise established in the terms of the proportionate fair- share agreement. At the discretion of the local government, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50% local match for funding under the FDOT Transportation Regional Incentive Program (TRIP). (b) In the event a scheduled facility improvement is removed from the CIE, the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of this article. • (c) Where an impacted facility has been designated as a regionally significant transportation facility on the Lake-Sumter MPO Regionally Significant Corridors Map, then the County or City may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions to seek funding for improving the impacted regional facility under the FDOT TRIP. Such coordination shall be ratified by the County and City through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose. (d) Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair-share obligation calculated under this article, the County or Municipality shall reimburse the applicant for the excess contribution paid to it using one or more of the following methods: (1) An impact fee credit account may be established for the applicant in the amount of the excess contribution, a portion or all of which may be assigned and reassigned to subsequent owners of the land to be developed, under the terms and conditions acceptable to the County or Municipality, but which must run with the land and may not be assigned in gross to the developer of any other parcel of property. CITY OF CLERMONT CODE ORDINANCE N0.352-C • Page 10 (2) An account may be established for the applicant for the purpose of reimbursing the applicant for the excess contribution with proportionate fair-share payments from future applicants on the facility. (3) The County or Municipality may compensate the applicant for the excess contribution through payment or some combination of means acceptable to the County or Municipality and the applicant. SECTION 3. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of the public health, safety, welfare and convenience. SECTION 4. All ordinances or parts of ordinances of the City of Clermont in conflict with the provisions of this are hereby repealed to the extent of such conflict. SECTION 5. • The text of Sections 1 and 2 of this ordinance shall be codified as a part of the Clermont City Code The codifier is authorized to make editorial changes not effecting the substance of this ordinance by the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such editorial license. SECTION 6. The provisions of this Ordinance are severable, and if any section, sentence, clause or phrase hereof is for any reason held to be unconstitutional, invalid or ineffective, such holding shall not effect the validity of the remaining portions of this Ordinance, it being expressly declared to be the City Council's intent that it would have passed the valid portions of this Ordinance without the inclusion therein of any invalid portion or portions. SECTION 6. This Ordinance shall be published as provided by law and it shall become law and take effect December 1, 2006. First Reading this ~ day of prla 2006. Second Reading thisday of N U~. , 2006. • CITY OF CLERMONT CODE ORDINANCE N0.352-C Page 11 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS 28th DAY OF NOVEMBER 2006. CITY OF CLERMONT ayor Harold S. Turville, r. Attest: 7 Tracy Ackro~d, City Clerk • n ~.J