Brevard County Public Schools Growth Management. School Concurrency Review Fees

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1 Brevard County Public Schools Growth Management School Concurrency Review Fees October 2008

2 PROPOSED FEE SCHEDULE Review / Negotiation Type Cost School Capacity Determination Comp Plan/FLU Amend. $400 Capacity Enhancement Agreement All $3,000 Concurrency Determination Less that 50 units $400 Concurrency Determination 50 units+ $800 Equivalency Previously Reviewed $400 Equivalency Not Previously Reviewed $800 Time Extensions All $100 Exemption / No Impact All $100 Proportionate Share Mitigation All Development Orders $3000 Appeals N/A $1,000 Facilities Services October Draft Page 2 of 7

3 INTRODUCTION In accordance with legislative mandates, Brevard County Public Schools and Local Governments must work together to plan and coordinate public school facilities. To that end, a revised Interlocal Agreement for Public School Facility Planning and School Concurrency (ILA) was entered into in 2008 with the County and Municipalities to, among other things, insure that student stations are available for those students that are associated with new development. Just as other infrastructure such as water, sewer, roads and parks are, by statute, required to be concurrent with the new development, so too are schools. The processing, tracking, and maintenance of a concurrency management system will require District staff resources. In accordance with Section 13.2(b).1 of the ILA, the School Board may charge the applicant a non-refundable application fee payable to the School Board to meet the cost of the review. This Document shall establish the Fee Schedule processes to be performed by the District. for the various review DEFINITIONS Applicant: See Developer. Capacity Enhancement Agreement: An Agreement that shall provide mitigation measures that are required to accommodate the estimated number of students that would be generated by a proposed development requiring a Comprehensive Plan / Future Land Use Amendment. Comprehensive Plan: A plan that meets the requirements of Sections and F.S. Concurrency Determination: Assessment of school capacity by the School District of a proposed residential development application in the form of a PUD, Preliminary or Final Site Plan, Preliminary or Final Plat or equivalent application that is required prior to a Local Government s issuance of a final development order. Developer: Any person, including a governmental agency, undertaking any construction. Development: The result of a Final Development Order being the platting of dwelling unit(s), subdivision or functional equivalent. Development Order: Any order granting, or granting with conditions, an application for a development permit. Facilities Services October Draft Page 3 of 7

4 Development Permit: Any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of Local Government having the effect of permitting the development of land. Equivalency Determination: Assessment of school capacity by the School District of any proposed amendment to an existing approved development order. Florida Inventory of School Houses (FISH): The current edition, published by the Florida Department of Education, Office of Educational Facilities, listing all land and facilities owned or acquired under a long-term (40 or more years) lease agreement by local school boards (hereinafter referred to as FISH ). Level of Service (LOS): A standard or condition established to measure utilization within a Concurrency Service Area Boundary. For the purposes of school concurrency, this value is established by the Interlocal Agreement for Public School Facility Planning and School Concurrency. Local Governments: contained within. Brevard County and Municipalities (Cities/Towns) Permanent Capacity: The number of factored permanent satisfactory student stations in the FDOE FISH inventory. Proportionate Share Mitigation: A developer improvement or contribution identified in a binding and enforceable agreement between the Developer, the School Board and the Local Government with jurisdiction over the approval of the development order to provide compensation for the additional demand on public school facilities created through the residential development of the property, as set forth in Section (13)(e), F.S. School Capacity: The maximum number of students that can be accommodated based on factored permanent satisfactory student stations in the FDOE FISH inventory. School Capacity Availability Determination Letter (SCADL): A letter prepared by the School District of Brevard County, identifying if school capacity is available to serve a residential project, and if capacity exists, whether the proposed development is approved or vested. School Capacity Determination: Assessment of school capacity by the School District of a proposed residential development application that would require a Local Government pursue a Comprehensive Plan / Future Land Use Amendment. Facilities Services October Draft Page 4 of 7

5 School Impact Analysis (SIA): A formal description of a proposed residential development subject to school concurrency review provided by a developer. FEE ANALYSIS The fee(s) associated with any review process shall reflect the School District resources and staff time, as well as any professional consultant expenses that may be employed in the process. Thus, it is important to define the various processes that are involved in school concurrency reviews. Likewise, established fees shall reflect the size of the properties and densities being reviewed for development consideration. 1) Comprehensive Plan / Future Land Use (FLU) Amendments a) School Capacity Determination At this stage of a proposed development, a School Capacity Determination is necessary, and is considered long range planning. The School Board shall review an application for a development requiring a Comprehensive Plan / Future Land Use amendment, and said review should provide adequate time to execute a Capacity Enhancement Agreement (CEA) (refer to 1.b. below), if necessary, in order to provide for the future impact due to the proposed residential development. Calculations may be required, along with adjustments to the concurrency database system (described as the Development Review Table (DRT) in the ILA). Fees associated with this review cover the costs for District staff to assess the information provided by the developer and the Local Government, and make recommendations. Development information is uploaded into the concurrency database and calculations are performed. Staff sets up the necessary administration, and insures that all required documentation from the developer and the Local Government are in order. b) Capacity Enhancement Agreement If determined by the District staff that there is not sufficient existing capacity, or planned capacity in the current Capital Facilities Work Plan, then the developer may be required to mitigate the impact of the of the proposed development. Mitigation at this stage of development shall be referred to as Capacity Enhancement Agreement(s). The Agreement(s) shall provide mitigation measures that are required if the proposed development is to receive development order approval. Facilities Services October Draft Page 5 of 7

6 Fees associated with establishing this Agreement cover the costs related to negotiations involving senior District staff, Professional Consultants and necessary administration efforts. 2) Final Development Order as Determined by Local Government Concurrency Determination Review of an application that is required prior to the Local Government issuance of a final development order (or equivalent) is termed a Concurrency Determination. Upon completion of this review the School District staff shall issue a School Capacity Availability Determination Letter (SCADL). Note that issuance of a SCADL by the School District indentifying that adequate capacity exists indicates only that school facilities are currently available, and capacity will not be reserved until the Local Government issues a Concurrency Evaluation Finding of Nondeficiency, or the functional equivalent. In the event that there is not adequate capacity available to support the development, the School District shall issue a SCADL detailing why the development is not in compliance, and offer the applicant the opportunity to enter into a negotiation period to allow time for the mitigation process (refer to item 6 below). Fees associated with Concurrency Determination cover costs to coordinate with the Local Government, update the information in the concurrency database system, issue the SCADL and related administrative processes. 3) Equivalency Determination An Equivalency Determination applies to any amendment or revision to a previously approved development order. It includes evaluating capacity (or re-evaluating capacity previously reserved) for a project to ensure that sufficient school capacity is in place to serve the proposed changes to the development order. If capacity (or additional capacity) has to be reserved, then a Concurrency Determination must also be obtained. 4) Time Extension Time extensions shall only be granted to existing Concurrency Determinations due to delay caused by a Local Government. Pursuant to Brevard Public Schools Growth Management School Concurrency Management Procedures, a maximum of two (2) consecutive six (6) month extensions may be granted. Time extensions shall not be granted Facilities Services October Draft Page 6 of 7

7 which extend the approval beyond that established by a Local Government. 5) Exemption / No Impact A developer may request an Exemption Letter or Letter of No Impact. Examples of these projects are those as described in Section 13.1(c) of the Interlocal Agreement, or non-residential projects. 6) Proportionate Share Mitigation 7) Appeals Once a determination is made that sufficient school capacity is not available to support a proposed development, a developer may choose to enter into a negotiation period with the School District and the Local Government to mitigate the impact of the proposed development. Fees negotiated and formalized in the Agreement shall be assessed in addition to any preceding review fees. Should a developer, Local Government or other concerned party dispute the claim(s) of the School District staff regarding results of any of the review processes described herein, an appeal may be filed pursuant to Brevard Public Schools Growth Management School Concurrency Management Procedures. Fees associated with the appeal process shall cover costs related to negotiations involving senior District staff, Professional Consultants and necessary administration efforts. 8) Fee Collection The non-refundable School Concurrency Review fee(s) associated with review(s) of a proposed development shall be submitted by the developer to the Local Government having jurisdiction. The fees remitted to the Local Government(s) shall be made payable to School Board of Brevard County. The Local Governments shall collect School Concurrency Review Fees, and forward to the School Board designee at the same time that the application(s) for the review(s) is (are) submitted to the District. Facilities Services October Draft Page 7 of 7

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