Pursuant to the
Facilities Element of the
Comprehensive Plan (PSFE) and the Amended
for
Facility Planning (ILA), the
, in collaboration with Broward County and the School Board of Broward County (School Board), shall ensure that
facilities will be available for current and future students consistent with available financial resources and adopted level of service standards and that such facilities are available concurrent with the impact of proposed residential
.
125.21(A) Applications subject to a
determination. The shall not approve an application for a residential
, replat,
note amendment, or any site plan, until the School Board has reported that the school
requirement has been satisfied or unless the has determined that the application is exempt or vested.
125.21(B) Exemptions and vested
.
125.21(B)(1) The following residential applications shall be exempt from the requirements of
:
125.21(B)(1)(a) An application which generates less than one student at each level in the relevant
Service Area (CSA). Such
shall nevertheless be subject to the payment of school impact fees;
125.21(B)(1)(b) An application for age restricted communities with no permanent residents under the age of 18. Exemption for an aged restricted community shall only be applicable provided that a recorded restrictive covenant prohibiting the residence of school aged children in a manner not inconsistent with federal,
or local
or regulations is provided;
125.21(B)(1)(c) A Development of Regional Impact (DRI) with a
issued before July 1, 2005, the effective date of Senate Bill 360, or an application submitted before May 1, 2005; or
125.21(B)(1)(d) As may otherwise be exempted by Florida Statutes.
125.21(B)(2) The following residential applications shall be vested from the requirements of
:
125.21(B)(2)(a) Any application located within a previously approved Comprehensive Plan amendment or rezoning which is subject to a mitigation agreement in accordance with the following:
125.21(B)(2)(a)1. The mitigation to address the impact of the new students anticipated from the
has been accepted by the School Board consistent with School Board Policy 1161, entitled “Growth Management,” as may be amended from time to time; and
125.21(B)(2)(a)2. A declaration of restrictive covenant has been properly executed and recorded by the developer, or the
is located within a boundary area that is subject to an executed and recorded tri-party agreement (between the School Board,
, and the developer) consistent with School Board Policy 1161, as may be amended from time to time.
125.21(B)(2)(b) Any application which is included within a residential
or
Agreement for which school impacts have been satisfied for the
units included in the proposed application. This includes any unexpired applications approved by Broward County or
between February 2, 1979, and the effective date of the PSFE of the
’s Comprehensive Plan. In the transmittal of an application to the School Board, the
shall include written information indicating that the units in the application are vested.
125.21(B)(2)(c) Any application that has received final site plan approval, and which has not expired, prior to the effective date of the PSFE of the
’s Comprehensive Plan.
125.21(B)(3) To be exempt or vested from the requirements of
, an
seeking such a determination shall be required to submit documentation with the application to the
which shall include written evidence sufficient to verify that the subject
meets the exemptions stated herein, and as such, is exempt from the requirements of
. The
shall transmit or provide written information to the School Board indicating that the units in the application are vested.
125.21(C) Level of service standards. The level of service standard (LOS) shall be 100% of gross capacity (with relocatable classrooms for each
Service Area (CSA) until the end of the 2018/19 school year; and commencing at the 2019/20 school year, the LOS for each CSA shall be 110% of the permanent FISH capacity. The LOS shall be achieved and maintained within the period covered by the five-year schedule of capital improvements contained in the effective Five-Year Adopted District Educational Facilities Plan (DEFP).
125.21(D)
Service Areas (CSAs). The areas for the implementation of
in the shall be known as
Service Areas (CSAs) and such CSAs shall be the approved school boundaries for elementary, middle and high schools, as annually adopted by the School Board. For the purposes of
, such CSAs shall be effective on the first day of the school year and end on the last day before the beginning of the next school year.
125.21(E) Student generation rates. The Broward County adopted student generation rate(s) contained in the Broward County Land Development Code shall be utilized to determine the potential student impact anticipated from the residential proposed in submitted applications.
125.21(F) Review procedure.
125.21(F)(1)
Impact Application (PSIA). Any
submitting an application with a residential component, that is not exempt or vested, is subject to
and shall be required to submit a
Impact Application (PSIA) for review by the school district. Evidence of acceptance of the PSIA and payment of the applicable application fee to the school district shall be required prior to acceptance of the application by the .
125.21(F)(2) School Capacity Availability Determination Letter (SCAD).
125.21(F)(2)(a) No residential application or amendments thereto shall be approved by the
, unless the residential
is exempt or vested from the requirements of
, or until a School Capacity Availability Determination (SCAD) Letter has been received from the school district confirming that capacity is available, or if capacity is not available, that proportionate share mitigation has been accepted by the School Board. The SCAD Letter shall be sent to the
, the Broward County Development Management Division if the application relates to a
, and the
, no later than 45 days after acceptance of the completed PSIA by the school district.
125.21(F)(2)(b) The school district shall determine the potential student impact from proposed residential
on the applicable CSA by performing the review procedure specified in School Board Policy 1161, as amended.
125.21(F)(2)(c) If the school district determines that sufficient permanent capacity is available at the adopted LOS to accommodate students anticipated from the
, the school district shall issue a SCAD Letter indicating that adequate school facilities exist to accommodate the student impact and that the proposed
satisfies
requirements.
125.21(F)(2)(d) If the SCAD Letter states that the
has not satisfied Public School
requirements, the SCAD Letter shall state the basis for such determination, and the
shall have 30 days to propose proportionate share mitigation to the school district.
125.21(F)(2)(e) If the
proposes proportionate share mitigation within the 30-day deadline, upon the subsequent acceptance of the proposed mitigation by the School Board, and upon the execution of a legally binding document among the School Board, the
and the
, an amended SCAD Letter shall state that adequate capacity anticipated from the accepted proportionate share mitigation will be available to accommodate the student impact anticipated from the proposed
and that the proposed
satisfies
requirements. The total amount committed for any mitigation option shall not be less than the school impact fees due for the proposed units as calculated based upon the adopted school impact fee schedule provided in the Broward County Code of Ordinances. The school impact fee for the
shall be considered included in the total proportionate share mitigation amount due or paid. If the proportionate share mitigation is not accepted by the School Board, the amended SCAD Letter shall state the basis upon which the mitigation proposal(s) was rejected and why the
is not in compliance with
requirements.
125.21(F)(2)(f) An
adversely impacted by a SCAD determination may appeal such determination by written request to the School Board within the designated 30-day time period. A timely request for an appeal shall stay the requirement for an
to propose proportionate share mitigation until the appeal has been resolved.
125.21(F)(2)(g) If an application or approval expires, the SCAD Letter will no longer be valid.
125.21(G) Term of Public School
.
125.21(G)(1) The
approval for a residential site plan shall be considered vested, unless the site plan approval expires as provided for within the
.
125.21(G)(2) The
approval for a
, replat,
note amendment or findings of adequacy shall be considered vested for up to five Years from the date of Broward County’s approval. Vesting of a residential application beyond the five Years requires that one of the following conditions are met within the five-
period: 1) the issuance of a
for a
and first inspection approval; or 2) substantial completion of project water lines,
lines and the rock base for internal roads. If the
was denied, the school district shall deduct students associated with the
from its database.
(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2012-12, passed 6-18-2012)