§ 5.11.04. Proportionate fair-share application process for public schools.

When the student impacts from a proposed development fail to meet the adopted level of service standards for schools, the applicant's proportionate fair-share will be based on the number of additional student stations necessary to meet the established level of service standard for public schools. An applicant will have the opportunity to present proportionate fair-share mitigation options to the school district in an effort to mitigate the impact from the development through the creation of additional capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the school district, the applicant shall enter into a binding and enforceable agreement with the school board and the county.

A.

A mitigation contribution provided by an applicant to offset the impact of a residential development must be directed by the school district toward a school capacity project for the impacted school type(s), and identified in the school district's five year capital improvement plan. Capacity projects identified within the first three years of the five-year capital improvement plan shall be considered as committed in accordance with F.S. § 163.3180(13)(e).

B.

If capacity projects which will satisfy the demand created by a residential development are planned in years four or five of the school district's five-year capital improvement plan, the applicant may pay his proportionate fair-share to mitigate the proposed development impacts in accordance with the formula provided in section 5.11.05.

C.

If a capacity project does not exist in the school district's five-year capital improvement plan, the school district may add a capacity project to the five-year capital improvement plan to satisfy the impacts from a proposed residential development, if it is funded through the applicant's proportionate fair-share mitigation contributions or some other specified funding source. Mitigation options may include, but are not limited to:

1.

Contribution of land or payment for land acquisition in conjunction with the provision of additional school capacity; or

2.

Mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits; or

3.

Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or

4.

Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or

5.

Construction or expansion of permanent student stations or core capacity; or

6.

Construction of a public school facility in advance of the time set forth in the school district's five-year capital plan.

D.

For mitigation measures 1. through 6. above, or as otherwise provided in F.S. § 163.3180(13)(e)1., the estimated cost to construct the mitigating capacity will reflect the estimated future construction costs at the time of the anticipated construction.

E.

Any proportionate fair-share mitigation must be directed by the school district toward a school capacity improvement identified in the school district's five-year capital improvement plan.

F.

Upon identification and acceptance of a mitigation option deemed financially feasible by the school district, the applicant shall enter into a binding and enforceable agreement with the school board and the county, and the school district shall issue a SCAL identifying that pursuant to the mitigation agreement, school capacity is available to support the development within the adopted level of service standard for schools.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)