2000-069 Interlocal Agreement for School Concurrency• RESOLUTION 69-2000
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY,
VARIOUS MUNICIPALITIES OF PALM BEACH COUNTY, AND THE SCHOOL DISTRICT
OF PALM BEACH COUNTY TO ESTABLISH PUBLIC SCHOOL CONCURRENCY, WHICH
AGREEMENT IS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section I. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the Interlocal Agreement with Palm Beach County, various municipalities of Palm Beach
County and the School District of Palm Beach County attached as Exhibit "A", which Agreement
is for the purpose of establishing public school concunency.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Interlocal Agreement as set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach,
Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 9th DAY OF NOVEMBER, 2000.
(Village Seal)
MAYOR
• ATI'I;ST: C'~7~
`~ VILLAGE CLERK ~
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PALM BEACH COUNTY
INTERLOCAL AGREEMENT
with
MUNICIPALITIES OF PALM BEACH COUNTY
and
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
To Establish
PUBLIC SCHOOL CONCURRENCY
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TABLE OF CONTENTS
I. DEFINI'T'IONS ........................................................5
II. SCHOOL CONCURRENCY OVERVIEW ................................ 10
A. Agrcement to Establish School Concurrency ......................... 10
B. Requited Concurrency Elements ...................................11
C. Specific Responsibilities of the Parties ............................... 12
IH. CAPITAL IMPROVEMENT PLAN ...........:.......................... 14
A. School District's Five-Year Capital Faculties Plan .................... 14
B. Ten and Twenty Year Work Program ............................... 16
C. Transmittal ................................................ ....17
D. TAG Review ....................................................17
E. Final Adoption ..................................................18
F. Material Amendment to the School District's Fivo-Year Capital Facilities
Plan ...........................................................18
G. Amend Comprehensive Plan ....................................... 19
IV. COMPREHENSIVE PLAN AMENDMENTS .............................. 19
A. Process for Development and Adoption of Capital Improvements
Element ........................................................19
B. Process for Development, Adoption and Amendment of the Public School
• Facilities Element (PSFE) ......................................... 20
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C. Intergovernmental Coordination Element ........................... 21 •
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VI.
SCHO OL CONCURRENCY PROGRAM ................................. 21
A. Commencement of School Concurrency Program ..................... 21
B. Concurrency Service Areas ....................................:...21
C Level of Service (LOS) ............................................ 23
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D. Exemptions .....................................................25
E. Local Concurnncy Implementing Ordinance ........................ 26
F. School District Review of New Residential Development Proposals ....... 27
G Term of School Coacurnncy ...................................... 35
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....... 35
H. Suspension of Concurnncy .................................
MONI'TORING .......................................................37
A. Establishment of the Technical Advisory Group (TAG) ................ 37
B. Purpose of the TAG .............................................. 37
C. Membership ofthe TAG ..........................................38
D. Terms of Membership .......................... . ................. 39
E. Election of Chair sad Organization Meeting ..................:...... 39
F. Quorum and Voting ............................................... 39
G. Meetings open to the public ..............:........................ 40
40
H. Compensation ...................................................
I. Staff Support for the TAG ........................................ 40
J. .Management Reports .............................................41
K. Enrollment Reports ..................:... ....................41 •
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L. Monitoring Reports ...............................:..............41
M: Program Evaluation Report .......................................42
N Conflict of Interest .............:.................................43
VII. "MEDIATION OF DISPUTES ........................................... 44
VIII. COORDINATED PLANNING ........................................... 45
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A. The Coordination of Planning and Sharing of Information ............. 45
B. Population Projections ............................................46
C. Local Government Data Collection ................................. 47
D. School District Data Publication .................................... 48
E. Multiplier Publication ............................................48
F. Proposals for Development, Redevelopment snd Infrastructure required to
Support Public School Facilities .................................... 48
G. School Siting ....................................................49
H. Scbool District Review of Future Land Use Element Plan Amendments ... 54
IX. SPECIAL PROVISIONS ............................................... 55
A. School District Requirements ...................................... 55
B. Land Use Authority ..............................................56
C. Specific Performance .............................................57
X. ACTS OF GOD AND OTHER EXIGENT CIRCUMSTANCES BEYOND THE
CONTROL OF THE SCHOOL BOARD .................................. 57
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X. STANDING AND THIRD PARTY BENEFICIARY RIGHTS ................ 58
XI. AMENDMENT, WITHDRAWAL AND TERMINATION .................... 58
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A. Amending the Agreement .........................................58 •
B. Withdrawal from Agreement ...................................... 58
C. Additional Participants ........................................... 59
D. Termination of Agreement ....................................... 59 .
XIII. TERM OF THE AGREEMENT ......................................... 59
XIV: INDEMNIFICATION OF PARTIES ..................................... 59
:: A. Hold Harmless ..................................................59
B. Third Party Claims ..............................................60
XV. MULTIPLE ORIGINALS .• ............................................. 60
XVI. EFFECTIVE DATE OF AGREEMENT .........................:........ 61
A. Effective Immediately ................~........................... 61
B. Nullification of Agreement ........................................ 61
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EXHIBITS
EXHIBIT A - Comprehensive Pian Amendment Coordinated Review
Interlocal Agreement, October, 1993
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EXHIBIT B - Implementing Ordinance Elements
EXHIBTT C - Participation Agreement
EXHIBIT D - Student Generation Multiplier Table
EXHIBIT E - Projected Units Table
H:IDATA\WPSI\DOCICONCRNCIISECI'fONUNTERLOGULASIAMD606C.WPD.71 pp
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R2000 0808,~N_6iooo
PALM BEACH COUNTY
INTERLOCAL AGREEMENT
with
THE MUNICIPALITIES OF PALM BEACH COUNTY
and
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
To Establish
PUBLIC SCHOOL CONCURRENCY
An Interlocal Agreement between PALM BEACH COUNTY (hereafter refemd to as the
"COUNTY"), operating through its BOARD OF COUNTY COMMISSIONERS; those
municipalities who have exocuted this Agreement (hereafter referrod to singly as "MUNICIPALITY"
or collectively as "MUNICIPALITIES"); and The SCHOOL DISTRICT OF PALM BEACH
COUNTY (hereafter referred to as the "SCHOOL DISTRICT"), operating through the SCHOOL
BOARD OF PALM BEACH COUNTY (hereafter referred to as the "SCHOOL BOARD"):
WI~REAS, Section 163.01, Florida Statutes, enables local governments to cooperate with
other local governments and public agencies, including school districts, to provide services and
facilities on a basis of mutual advantage, and to enter into an Interlecal Agreement; and
WHEREAS, the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT have
determined that the safe, convenient, orderly and adequate provision of public school facilities is
essential to the health, safety, and general welfare of the citizens of Palm Beach County; and
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WHEREAS, in order to provide adequate public school facilities in a timely manner and at
appropriate locations, the COUNTY, the MUNICIPALITIES and SCHOOL DISTRICT have further
determined that it is necessary and appropriate for the entities to cooperate with each other to
eliminate the current deficit of permanent student stations, sad to provide capacity for projected new
growth; and
WHEREAS, the COUNTY, the MUNICIPALTI'IBS, end the SCHOOLDISTRICTrocogaiu
that adequate revenue sources must be available to provide for the needod increase in permanent
student stations; and
WHEREAS, the Local Goverrunent Comprehensive Planning and Land Development
Regulation Act requires the COUNTY and the MUNICIPALITIES to adopt comprehensive plans
to guide and control future development; and
WHEREAS, Article IX, Sections 1 and 4 of the Florida Constitution require a uniform
system of free public schools oa a oorwty-wide basis, and provide that each county shall constitute
a SCHOOL DISTRICT subject to supervision by the State Board of Education as provided by
general law; and
WHEREAS, Sections 235.193 and 235.(94, Florida Statutes, require the coordination of
planning between school districts and local governments to ensure that the pleas for the constrttction
and opening of public educational facilities are coordirtated in time and place with plans for
residential development; and
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WHEREAS, Section 235.193, Florida Statutes, requires the general location of educational
facilities to be consistent with the COUNTY'S and the MUNICIPALITIES' Comprehensive Plans;
and
WHEREAS, Sectiot1235.193, Florida Statutes, requires the SCHOOL DISTRICT to submit
plans for public educational facilities to the COUNTY and the MUNICIPALITTFS and requires each
local jurisdiction to determine the consistency of the plans with the effective Comprehensive Plan
and applicable land development regulations; and
WHEREAS, Section 163.3177(6)(h), Florida Statutes, requires the COUNTY and the
MUNICIPALITIES to coordirate the adopted local comprehensive plans with each other and the
plans of the SCHOOL DISTRICT; and
WHEREAS, Section 163.3180(13), Florida Statutes, authorizes the COUNTY and the
MUNICIPALITIES to adopt a school concurrency program; and
WHEREAS, Section 163.3180(13)(g), Florida Statutes, requires that prior to establishing a
school conctutertcy program, the COUNTY and the MUNICIPALTI'IF.S and the SCHOOL BOARD
adopt an interlocal agreement (hereafter referred to as the "AGREEMENT? for school concurrency
to satisfy Section163.3180 (12)(g)1,Florida Statutes, which will: establish a process by which they
shall agree and base their plans on consistent population projections; coordinate and share
information relating to existing and planned public school facilities, projections and proposals for
development, and infrastructure required for public school facilities; establish a planning process
• that encourages the location of public schools proximate to urban residential areas and the
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collocation of schools with other public facilities to the extent possible; jointly establish level of
service standards for public schools; establish a process for the preparation, amendment and joint
approval of a financially feasible public school capital facilities program; define the geographic
application of ooncarrreacy; establish criteria and standards for the establishment and modification
of school conattrency service areas and incorporate the criteria and standards into the COUNTY and
MUNICIPALTT[FS comprehensive plans: establish a uniform district wide procedure for
implementing the school conctrrrency program that provides for the evaluation of development
applications for compliance with school conctrrrency requirements; provide an opportunity for the
SCHOOL DISTRICT to review and comment on the effect of comprehensive plan amendments and
rezonings on the public school facilities plan; and provide for the monitoring and evaluation of the
concurrency program. The AGREEMENT shall also provide procedures for its amendment,
suspension, and termination.
WHEREAS, the COUNTY, the MLINICIPALTCIES and the SCHOOL DISTRICT pursuant
to their various statutory responsibilities and powers, desire to establish joint procedures to establish
and implement school ooncrurency; and
WHEREAS, the COUN'T'Y and MLTNICIPA~.ITIES, also known as the LOCAL
GOVERNMENTS, are entering into this AGREEMENT in reliance on the SCHOOL BOARD'S
commitment to prepare, adopt and;implemeat a financially feasible capital facilities program that
will result in all schools of each type in each CSA and each individual school operating at the.
adopted level of service consistent with the timing specified in the SCHOOL D[STRICT's Five- •
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Year Capital Facilities Plan, and the:SCHOOL BOARD'S fuRlter commitment to update and adopt
the plan yeazly to add enough capacity in the new fiRh year to address projected growth and to adjust
the plan in order to maintain the adopted Icvel of service and to attain maximum utilization of school
capacity p»suant to Soction 163.3180 (13xc)2., Florida Statutes; and
R~RF.AS, the SCHOOL DISTRICT opaating through the SCHOOL BOARD, is entering
into this AGREEMENT in reliance on the COUNTY'S sad MIJAIICIPALITiES' commitment to
adopt ameadmarts to their local comprehensive plans to impose school concurrency as provided in
Section 163.3180 (13), Florida Statutes; and
NOW, THEREFORE, in order to accomplish these goals and purposes, and in consideration
of the mutual obligations and benefits the COUNTY, the MUNICIPALITIES and the SCHOOL
DISTRICT (hereinafter referred ro collectively as "PARTIES" hereby enter into this AGREEMENT.
I. DEFIIVITIONS
Capacity Projects -New school construction or nay project that adds necessary
improvemarts to accommodate additional permanart studart stations or core facilities needed for
the educational program of each type of school based on the requirements of State Requirements
for Educational Facilities.(SREF).
Consistency -The condition of not being in conflict with and in furtherance of the goals,
objectives and policies of the Comprehensive Plan Elemarts and this AGREEMENT.
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Concurrency Service Area (CSA) -The specific geographic unit within a SCHOOL
DISTRICT is which school concurrency is applied and measured.
Concurrency Service Area Level of Service Standards -The maximum acceptable
percentage of school utilization as established in Section V. (C2.) below determined by dividing the
total number of sdxteats for all schools of each type is each CSA by the total mrmber of pemtanent
student stations for that type of school in each CSA.
Core Facilities -tire media center, cafeteria, toilet facilities, and circulation space of an
educational plant.
Development Order - As defined in Section 163.3164(7), Florida Statutes.
Educational Fadlitles -The buildings and equipment, structures, and special educational
use areas that are built, installed, or established to serve educational purposes only.
Financially Feasible Facilities Plan - A plan which demonstrates the ability to finance
capital improvements from existing revenue sources and funding mxhanisms to correct deficiencies
and mcet future needs based on achieving and maintaining the adopted Level of Service for each year
of the five (5) year planning period for all schools of each type in each CSA and`each individual
school, and for the long range planning period.
Florida Inventory of School Houses (FISH) -The report of the capacity of existing
facilities. The FISH capacity is the number of students that may be housed in a facility (school) at
any given time based on using a percentage of the number of existing satisfactory student stations
and a designated size for each program. In Palm Beach County, permanent capacity does not include •
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the use of relocatables unless they mcet the standards for long term use pursuant to Section 235.061,
Florida Statutes.
Inter Governmental Plan Amendment Review Committee (1PARC) -The interlocal
committee, established throttgh the "Compt+ehensive Plan Amendment Coordinated Review
Interlocal Agreement, "dated October 1. 1993. which coordinates comprehensive plan amendment
review.
League of Cities -Palm Beach County League of Cities, Inc. Anot-for-profit corporation
established to promote and advance the collective interest of municipalities of Palm Beach County,
Florida.
Level of Service (LOS) -The measure of the utilization, expressed as a percentage, which
is the result of comparing the number of students with the satisfactory student stations (FISH
capacity) at a given location or within a designated area (i.e., a CSA), e.g., a facility with 1000
students and a FISH capacity of 970, has a LOS of 103%. Also referred to as the utilization of a
facility.
Local Governments -Palm Beach County and the MUNICIPALITIES.
Maztmum Utilization of Capacity - Utilization of facilities to ensure the adopted LOS for
all schools of each type in each CSA and each individual school is not exceeded.
Municipalities -All municipalities in Palm Beach County, except those that are exempt from
participating in the school concurrency program, pursuant to Section 163.3180, Florida Statutes.
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Permanent Student Station -The floor area in a public school facility required to house a
student in an instructional program.
Proposed New Residential Development -Any application for residential development or
amendment to a previously approved tesidential development that ins the number of housing
units. This shall include arty roquest for any approval of the type that establishes•e density of
development and which approves a Site Specific Development Order on a specific parcel ofpropeaty.
Regntred Modernhationa - A comprehensive upgrading of schools to `like new'school
standards. This requires a comprehensive evaluation of schools which are 35 years old or older for
a determination of the aecd for rehabilitation, remodeling or replacement of the facility.
Residential Development -Any development that is comprised in whole, or part, of
dwelluig units for permanent human habitation.
School Board -The governing body of the SCHOOL DISTRICT, a body corporate pursuant
to Section 230.21, Florida Statutes.
School District -The district for Palm Beach County created and existing pursuant to
Section 4, Article IX of the State Constitution.
School District Five-Year Capital Facilities Plan -The SCHOOL DISTRICT of Palm
Beach County Five-Year Work Plan and Capital Budget as authorized by Section 235.185 Florida
Statutes. -
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School District of Palm Beach County Siz Year Capital Improvement Schedule - A
Table of expenditures and revenues detailutg how the School District shall achieve and maintain the
Level of Service for public school facilities.
Site Specific Development Order - A Development Order issued by a Local Governmwt
which establishes the density, or maximum .density, and which approves a specific plan of
development on a lot or lots pursuant to an application by or oa behalf of an owner or contract
purchaser, or initiated by a Local Government It may apply to a lot or lots under single ownership
or a group of lots under separate ownership. It shall apply to all parcels or lots in theirtntirety taken
together of any subdivision. It includes site specific rezonirrgs, special exceptions, conditional uses,
special Permits. master P~ aPPro~. site plan approvals. Plat approvals, building Permits, and any
"Development of Regional Impact" as defined in Section 380.06, F.S. It may or may not authorize
the actual commencement of development Two (2) or more Development Orders which
individually do not constitute a Site Specific Development Order shall be considered a Site Specific
Development Order if when taken together they meet the defurition of Site Specific Development
Order.
Type of School - Schools in the same categories of education, i.e. elementary, middle or
high school
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II. SCHOOL CONCURRENCY OVERVIEW
A. Agreement to Establish School Concureency
1: The PARTIES desire to establish a public school concurrency system
consistent with the requirements of Section 163.3180, Florida Statutes.
2. The PARTIES agree that the timely delivery of adequate.ptrblic school
facilities at the adopted level of service requires close coordination among the PARTIES at both the
land use planning and residential development permitting levels. Furthtr, the PARTIF-S agrx that
new school facilities should be planned for and provided in proximity to those areas Planned for
residential development or redevelopment. Accordingly. to implement an effective school
concurrency system that will ensure that the oonstntetion and opening of public educational facilities
are coordinated in time and place with residential development concurrently with other necessary
services, the PARTIES agree that the SCHOOL DISTRICT must be afforded the opportunity to
review and provide timely findings and recommendations to the COUNTY and the
MUMCIPALITIES on proposed amendments to their respective Comprehensive Plans and on all
applications for development orders which will have an impact on school capacity and the SCHOOL
DISTRICT'S Five-Year Capital Facilities Plan.
The PARTIES agree that in order to provide future public school facilities in
a timely manner at appropriate locations, residential development orders issued by the COUNTY and
by each MUNICIPALITY shall be issued and conditioned upon the availability of public school
facilities at the level of service specified in this AGREEMENT concurrent with the impact of such •
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development. A determination that school capacity is available before issuance of a development
order, consistent with the level of service standard, hereafter referred to as "concurrency", shall be
based upon the adoption of a Public School Facilities Element into the COUNTY's and
MiJNICIPALTfIFS' comprehensive plans that is consistent with the SCHOOL DISTRICT'S Five-
Year Capital Facilities Plan and which shall be implementod by an implementing ordinance adopted
by each local government party consistent with Section V. E. below.
B. Required Concurrency Elements
Comprehensive Plan Amendments -Within one year of this agreement becoming
effective, .the LOCAL GOVERNMENTS agree to adopt the following comprehensive plan
amendments which shall be consistent with each other as required in Section 163.3180, Florida
Statutes:
1. Amend its comprehensive plan to add a Public Schools Facilities Element
(PSFE) consistent with the requirements of Section 163.3180, Florida Statutes, and this
AGREEMENT.
2. Amend its Intergovemmental Coordination Element as required by Section
163.3177(~(h)1. and 2., Florida Statutes, and this AGREEMENT.
3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year
Capital Improvement Schedule" which is in the SCHOOL DISTRICT'S FivaYear Capital Facilities
Plan into its adopted Capital Improvement Element and update that Schedule consistent with the
• updated and adopted SCHOOL DISTRICT'S Five-Year Capital Facilities Plan in order to set forth
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a financially feasible public school capital facilities plan, consistent with the adopted Level of
Service Standards for public schools.
C. SpeciTic Responsibilities of the Parties
1. When the comprehensive plan amendments adopted in accordance with
Section II.B become effective, the COUNTY AND MUNICIPALITIES agree to undertake the
following activities:
(a) Unless electing to be bound by the COUNTY implementing ordimnce,
each MUNICIPALITY shall adopt as implementing ordinance consistent with the time frame in
Section V.E.1. and the requirements of the basic framework contained in Ex}nbit B, the requirements
of this AGREEMENT, and the LOCAL GOVERNMENT comprehensive plan.
(b) Once the School Coacumency Program commences, not issue any site
specific development orders for new residential units until the SCHOOL DISTRICT has reported
that there is school capacity available to serve the development being approved consistent with the
requirements of this AGREEMENT.
(c) Coordinate planning with the SCHOOL DISTRICT regardirtg
population projections, school siting, projections of development and redevelopment for the coming
year, infiastructwe required to support public school facilities, and amendments to future land use
plan elements consistent with the requirements of this AGREEMENT.
2. By entering into this Interlocal AGREEMENT. the SCHOOL DISTRICT
agrees to undertake the following activities:
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(a) Prepare and update yearly a financially feasible Fiva-Year Capital
Facilities Plan containing enough ty each year to meet projected growth is demand for student
stations so that al! schools of each type in each Coneturency Setvioe Atea and each individual school
does not exceed the adopted level of service for each year, consistent with the requirements of this
AGREEMENT.
(b) Institute program and/or boundary adjustments as necessary to
maximize utilization of capacity is order to ensure that all schools of each type in each Conctarency
Service Area and each individual school operate at the adopted level of service, consistent with the
requirements of this AGREEMENT.
(c) Implement the SCHOOL DISTRICT'S Fivo-Year Capital Facilities
Plan by constructing the capacity enhancing and modernization projects in that program consistent
with the timing specified in the program.
(d) Provide the COUNTY and MUMCIPALITIES with the required data
and analysis updated annually to support the comprehensive plan elements and any amendments
relating to school concurrency.
(e) Adopt a ten and twenty year work program consistent with the
requirements of this AGREEMENT.
(f) Maintain and publish data required in Section VIII for the review of
proposed new residential development.
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(g) -Review applications for proposed new residential developments~for
compliance with concu[rency standards, consistent with the requirements of this AGREI3MSNT.
(h) Review mitigation proposals consistent with the roquirements of this
AGREEMENT.
(i) Prepare reports on enrollment and capacity, consistent with the
requirements of this AGREFdvIENT.
(j) ProvidesecrrtatialstaffsupPortformeetingoftheToclmicalAdvisory
Group and all other District generated reports established by this AGREEMENT. •
(k) Coordinate planning with the COUNTY and MUNICIPALITIES
regarding population projections, school siting, projections of development and redevelopment for
the coming year, infrastructure required to support public school facilities, and ameadmeots to future
land use plan elements consistent with the requirements of this AGREEMENT.
III : CAPITAL IMPROVEMENT PLAN
A. School District's Five-Year Capital Facilities Plan
On or before September 15 of each year, the SCHOOL BOARD shall adopt;
and update the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan for public schools in Palm
Beach County.
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2. The SCHOOL DISTRICT's Five-Year Capital Facilities Plan shall specify
all new construction, remodeling or renovation projects which will add permanent FISH capacity or
modernize existing facilities.
3. The SCHOOL DISTRICT Five-Year Capital Facilities Plan shall constitute
a 5nancially feasible program of school oonstnrc~tion for a five (5) year period which adds sufficient
FISH capacity to achieve and maintain the adopted LOS yearly for all schools of each type in each
concurrency service area and each iadividtral school based on projected increases in enrollment;
which provides for required modernization; and which satisfies the SCHOOL ~ISTRICT's
constitutjonal obligation to provide a uniform system of free public schools on a county-wide basis.
4. The SCHOOL DISTRICT's Five-Year Capital Facilities Plan and each annual
update shall include a description of each school project, the amount of money to be spent in each
fiscal yeaz for the planning, preparation, land acgttisition, and actual construction and renovation of
each school project which adds FISH capacity or modernizes existing facilities; the amount of FISH
capacity added, if any; and a generalized location map for schools depicted in the SCHOOL
DISTRICT's Five-Yeaz Capital Facilities Plan which will be built within each CSA consistent with
the SCHOOL DISTRICT's current Educational Punt Survey and with the Future Land Use Elements
of each MUNICIPALITY's Comprehensive Plan and the COUNTY's Comprehensive Plan.
5. Upon achieving the adopted Level of Service, the SCHOOL DISTRICT shall
maintain the adopted Level of Service standards and ensure that school capacity shall be utilized to
• the maximum extent possible District-wide. When preparing the SCHOOL DISTRICT'S Five-Yeaz
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Capital Facilities Plan, the SCHOOL DISTRICT shall annually institute necessary program and/or
boundary adjustments or provide additional capaclty to ensure that all schools of each type in each
CSA and each individual school will operate at the adopted level of service (I.OS) throughout the
Five yeaz period.
6. The SCHOOL DISTRICT"s Fivo-Year Capital Facilities Plan and each annual
updau shall identify the projected enrollment, capacity and utilization percentage of all schools of
each type for each CSA and each individual school for each year of the Plan. The SCHOOL
DISTRICT shall annually update the CSA Tables and "The SCHOOL DISTRICT df Palm Beach
County Six Year Capital Improvement Schodule" when updating the SCHOOL DISTRICT'S Fivo-
Year Capital Facilities Plan
7. The SCHOOL DISTRICT shall initiate the necessary program and/or
boundary adjustments to n;flect the new capacity for the schools that are scheduled to be coastructod
and opened for each year of the SCHOOL DISTRICT's Fivo-Year Capital Facilities Plan. These
adjustments shall be .consistent with the data and analysis provided in the CSA Tables of the
SCHOOL DISTRICT'S Fivo-Year Capital Facilities Plan.
B. Ten and Twe6ty Year Work Program.
In addition to the adopted SCHOOL DISTRICT'S Fivo-Year Capital Facilities Plan,
the SCHOOL DIST)tIC'i' shall annually adopt a ten year and a twenty year work plan based upon
enrollment projections and facility needs for the ten year and twenty year period. It is recognized
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that the projections in the ten and twenty year time frames are tentative and should be used only for
general planning purposes.
C. TransmlttaL
The SCHOOL DISTRICT shall transmit copies of the proposed SCHOOL DISTRICT
Fivo-Year Capital Facilities Plan along with date and analysis necessary to demonstrate the linancia!
feasibility of the Program, to the Technical Advisory Group (TAG), the MUNICIPALITIES and
COUNTY on or before May 31 of each year commencing after the effective date of this
AGREEMENT.
D. TAG Review
1. By June 30 of each year, the Technical Advisory Group (TAG) established
in Section VI of this agreement shall review the proposod SCHOOL DISTRICT Five-Year Capital
Facilities Program and report to the SCHOOL BOARD, the COUNTY, and the MUNICIPALITIES
on whether or not the proposed SCHOOL DISTRICT's Fivo-Year Capital Facilities Plan maintains
the adopted Level of Service by adding enough projects to increase the FISH capacity to eliminate
any permanent student station shortfalls; by including required modernization of existing facilities;
and by providing permanent student stations for the projected growth in enrollment over each of the
five (5) years covered by the Plan.
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E. Final Adoption.
Unless it is delayed by mediation or a lawful challenge, the SCHOOL BOARD shall
adopt the SCHOOL DISTRICT's Fivo-Year Capital Facilities Plan and it shall become effective no
later than September 15th of each year.
F. Material Amendment to the School Dishict's Fivo-Year Capibrl`Fatdlitles Plaa.
The SCHOOL BOARD shall not amend the SCHOOL DISTRICT Capital
Facilities Program so as to modify, delay or delete any project is the Erst three (3) years of the
program unless the SCHOOL BOARD determines by written Endings, with the conctutence of at
least five Board members:
(a) That the modification, delay or deletion of a project is required in order
to meet the SCHOOL DISTRICT'S constitutional obligation to provide acounty-wide uniform
system of free public schools or other legal obligations imposed by state or.federal law; or
(b) Thai the modification, delay or deletion of a project is occasioned by
unanticipated change in population projoctions or growth patterns or is required in order to provide
needed capacity in a location that has a current greater need than the originally plannod location and
does not cause the adopted LOS to be excxded in the CSA from which the originally planned
project is modified, delayed or deleted.
G. Amend Comprehensive Pian
Once the SCHOOL DISTRICT's Fivo-Year Capital Facilities Plan, the annual
update, or any material amendment has been adopted by the SCHOOL BOARD, the COUNTY and •
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MUNICIPALITIES shall amend "The SCHOOL DISTRICT of Palm Beach County Six Yeaz Capital
Improvement Schedule" of the Capital Improvement Element of their Comprehensive Plans to
include the changes in their next round of amendments.
1V: ~ COMPREHENSIVE PLAN AMENDMENTS
A. Process for Development and Adoption of Capital Improvements Element
1. The SCHOOL DISTRICT shall prepare and the COUNTY and the
MUNICIPALITIES shall adopt into the Capital Improvements Element of their compi+ehensive plan
"The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule"of the
SCHOOL DISTRICT's Five-Year Capital Facilities Plan set forth in Section III, in this
AGREEMENT.
2. The COUNTY -and MUNICIPALITIES, by adopting "The SCHOOL
DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" in the Capital
Improvements Element of the LOCAL GOVERNMENT's Comprehensive Plan, shall have no
obligation nor responsibility for funding the SCHOOL DISTRICT's Five-Yeaz Capital Facilities
Plan.
3. The procedures for the annual update and amendment of the local
government's public school capital facilities program in its Capital Improvements Element is set
forth in Section I[[ of this AGREEMENT.
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$. Process for Development, Adoption and Amendment of the Public School
Facilities Element (PSFE).
The COUNTY and MUNICIPALITIES shall adopt a Public School Facilities
Elemeat which is consistent with this AGREEMENT and Rule 9J-5.025, F.A.C. The COUNTY aad
MUNICIPALITIES shall notify TAG when this element is adopted and when the element becomes
effective.
2. In the event it becomes nooessary to amead the PSFE, prior to transmitting
the amendment to the Department of Community Affairs pursuant to Section 163.3184, Florida
Statutes, the local government wishing to initiate an amendment shall request review through the
Intergovernmental Plan Amendment Review Committee (IPARC) in accordance with the
"Comprehensive Plan Amendment Coordinated Review" Interlocal Agreement dated October 1,
1993, attached as Exhibit A to this AGREEMENT. The IPARC Clearinghouse shall be responsible
for distributing the amendment to all PARTIES to this AGREEMENT that are participants in the
Comprehensive Plan Amendment Coordinated Review Intalocal Agreement for review and
comment.
(a) If ali local governments agree to the amendment, they shall adopt the
amendment in accordance with the statutory procedures for amending comprehensive plans.
(b) If any local government does not agree to the amendment, and the
issues canhot be resolved between or among the PARTIES, the issue shall be referred to mediation
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in acxordance with Section V II of this agreement. In such a case, the PARTIES, agroe not to adopt
the amendment until the mediation process is completed.
3. Any local issues not specifically required by Statute or Rule in the Public
School Facilities Element may be included or modified in the Local Govemmcnt Public School
Facilities Element by following the normal Comprehensive Plan amendment process.
C. Intergovernmental Coordination Element
The process for the development, adoption, and amendment of the Intergovernmental
Coordination Element shall be that set forth in Section 163.3184, Flotida Statutes.
V. SCHOOL CONCURRENCY PROGRAM
A. Commencement of School Concurrency Program
The School Concurrency Program described in this Article shall commence ninety
(90) days after the effective date of the last r+oquirod LOCAL GOVERNMENT comprehensrve Plan
elements required for school Concurrency.
B. Concurrency Service Areas.
1. The PARTIES hereby agree that School Concurrency shall be measured and
applied on the basis of twenty-one (21) Concurrency Service Areas (GSA's) as described in the
Public School Facilities Element.
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2. The COUNTY and MUNICIPALITIES agree to incorporate and adopt these
CSA's and the standards for the modification of the CSA's as established below into the local
government comprehensive plans.
3. Any PARTY may propose a. change to the CSA boundaries. Prior to
adopting any change, the SCHOOL DISTRICT verify as a result of the change that:
(a) Adopted level of service standards will be achieved and maintained
for each year of the five year planning period; and
(b) The utilization of school capacity is maximized to the greatest extent
possible. taking into account transportation costs, court approved desegregation plans and other
relevant factors.
4. The PARTIES shall observe the following process for modifying CSA's.
(e) At such time as the SCHOOL DISTRICT detemtines that the change
is appropriate considering the above standards, they shall transmit the proposed CSA's and data and
analysis to support the changes to the MUNICIPALi1'IFS, to the COUNTY and to TAG.
(b) COUNTY, MUNICIPALITIES and TAG shall review the proposed
amendment and send their comments to the SCHOOL BOARD within 60 days of receipt.
(c) . In the event there is no objection, the local governments shall amend
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their plans to reflect the changes to the CSA boundaries in their next amendment round.
(d) The change to the CSA boundary shall become effective on the
effective date of the last local government plan amendment adopting the change. •
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C. Level of Service (LOS)
To ensure the capacity of schools is sufficient to support student growth at the
adopted level of service for each year of the five year platutittg period and through the long term
planning period, for each CSA, the PARTIES hereby establish the LOS as set forth below. The
actual LOS (utilization) for all schools of each type in each CSA and each individual school shall
be establishod each year by the first student count of the second semester.
1. Tiered Levels of Service shall be in force pursuant to the Tiered Level of
Service Table is the Public School Facilities Element until August 1, 2004. Individual schools of
each type may excced the Tiered LOS during the period in which Tiered LOS are in effect, provided
that the CSA's Tiered LOS is not exceeded. However, each individual school's LOS which exceeds
the Tiered LOS, during the time that the Tiered LOS is in effect, shall not exceed the utilization
standards for that school type as shown in the Maximum Utilization Table of the Public School
Facilities Element. During the time that the Tiered Level of Service Standard is in effect, the
SCHOOL DISTRICT shall initiate necessary program and/or boundary adjustments so that the tiered
LOS is not exceeded in each CSA.
2. After August 1, 2004, the following level of service (LOS) standards shall
be established for all schools of each type within each CSA and each individual school:
(a) 110 percent of capacity (utilization) as determined by the Florida
[nventory'of School Houses (FISH); or
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(b) Up to 120 percent of FISH capacity (utilization/I,OS) (tcst two), for
individual schools subject to the results of School Capacity Study (SCS) undertaken by TAG, in
consultation with all LOCAL GOVERNMENTS having jurisdiction within the CSA and the
SCHOOL DISTRICT, to determine if a particular school can operate in excess of 110% capacity. .
The SCS shall be roquired if a school in the Iirst student count of the second semester reaches 108
percent or above of FISH capacity, ortx the Level of Service in V. B.2. above is achieved.
3. The School Capacity Study (SCS) shall determine if the growth rate within
each CSA, causing a particular school to exceed 110 percent of capacity, is temporaryvr reflects an
ongoing trend affecting the LOS for the Five year planning period. At a minimum, the study shall
consider:
(a) Demographics in the school's CSA; and
(b) Student population trends; and
(c) Real estate treads, e.g. existing redevelopment and ,new
redevelopment; and
(d) Teacher/student ratios; and
(e) Core facility capacity.
If the SCS concludes that the school can operau within the FISH guidelines and not exceed
120% LOS (utilization), then that school shall be consider~od to be operating within the adopted LOS
and the CSA Level of Service shall be amended and the local government comprehensive plans shall
be amended in the next round of amendments to reflect this additional capacity. •
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4. Any PARTY to this.AGREEMENT may request a School Capacity Study
(SCS) based oa the criteria provided in paragraph 3. above.
5. Any PARTY to this AGREEMENT may propose to the TAG a modification
of the adopted LOS staadiud at aay time. Following a review and recommendation by TAG and
concmrenx by at least 51% of the- LOCAL GOVERNI.~ffiNTS to this AGREEMENT and the
SCHOOL BOARD, the adopted LOS will be modified by addead»m to this AGREEMENT, and
each LOCAL GO~BRNMENT shall amend its comprehensive plan to reflect this new LOS in the
next round of amendments.
D. Ezemptions
1. Single family lots of t+eoord, existing as such at the time School Concurrency
implementing ordinance is adopted, shall be exempt from School Concurreacy requirements.
2. Any residential development or any other development with a residential
component that received final approval of a Site Specific Development Order prior to the
commencement date of school concutrency or is exempt from conetartency under a local
government's concuneacy regulations is considered vested for that component which was previously
approved and shall not be considered as proposed new residential development for purposes of
school concurrency.
3. Any new Residential Development that has. filed a complete application for
a site specific development order or any amendmnat Yo any previously approved site specific ~~
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development order pending prior to the commencement date of the School Concurrency Program
shall be exempt from the School Concumncy Requirements.
4. Any amendment to any previously approved residential development which
does not increase the density is exempt from school concurrency.
5. Any proviously approved residential developm~t or any other previously
approved development with a rCSideatial component located within any existing `Transportation
Concunency Exception Area,' as defined in Section163.3180(5), Florida Statutes, is exempt from
schoolconcurrency.
E. Local Concurrency Implementing Ordinance
1. Within ninety (90) days after the effective date of the last required LOCAL
GOVERNMENT'S adoption of the Comprehensive Plan Elements addressing school concurrency,
each local government shall adopt an ordinance regulating the issuance of development orders based
on the availability of public schools at the required Level of Service. Ttus ordinance shall be
consistent with the components outlined in Exhibit B and with the provisions of this AGREEMEI~'T.
2. The COUNTY shall adopt an ordinance which provides procedures. for review
of municipal development orders and COUNTY unincorporated development orders.
(a) In the event that any participating MUMCIPALITY does not comply
with E.1. above by adopting an ordinance consistent with Exhibit B -and this AGREEMENT within
ninety (90) days of the effective date of the Comprehensive Plan Elements, that government shall
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be deemed to have "opted in" to the COUNTY ordinance in E.2. above and agrees to be bound by the
terms and provisions therein until it adopts its own ordinance.
(b) At any time any LOCAL GOVERNMENT may opt out of the
COUNTY's implementing ordinance through implementing its own ordinance consistent with the
requirements of Exhibit B.
F. School DisMct Review of New Residentiat Development Proposals
The SCHOOL DISTRICT agrees to roview and make school concurrency
determinations, for a proposed residential development for which an application for a-development
order is submitted. The review and determination are afour-part process which: a) accepts the
residential development application; b) calculates the development's projected students; c) compares
the development's students to projected students within the Five-Year Capital Facilities Plan for
Level of Service; and c) issues a detemmination letter. The complete Development Review Process
shall be as follows:
1. Intake Application -Requirements for Proposed Residential Development:
a) The request for a school concurrency detemmination for a proposed residential
development shall be submitted by either the applicant or the local government, whichever is
specified in the local government's concurrency ordinance.
b) The applicant of the proposed development shall provide the following:
location, the build out time flame, and the number, type and size of all the residential units anticipated
• to be occupied each calendaz yeaz.
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c) The SCHOOL DISTRICT agrees to log in .by date and. time stamp every
completed application and agrees that each application shall be processed in the ordu they are
received.
d) The SCHOOL DISTRICT agrees that it shall review every application end
issue its determination to the applicant within fifteen (1 S) working days of receipt of the application.
e) The SCHOOL DISTRICT tray charge the applicant anon-refundable
application fce payable to the SCHOOL DISTRICT to meet the cost of review.
2. Calculate Students - Conversion of Proposod Residential Units to Students:
To determpae the proposed development's projected students, the proposed development's projected
number and type of residential units for each year shall be converted into projected students for all
schools of each type within the specific CSA using the SCHOOL DISTRICT's Student Generation
Multiplier as shown in EX>-IIBIT D of the this AGREEMENT.
3. Determine Utilization -Analysis of Enrollment to Capacity for Five years:
The SCHOOL DISTRICT shall create a Development Review Table (DRT) (shown,below) for each
CSA, and will use the DRT to compare the projected students fiom proposed iesidemial
developments to the CSA's planned growth, enrollment, capacity and utilization (LOS) ovu the Five
year period. The Development Review Table produces a calculation of the Level of Service for each
school type in each CSA.
The Figures in the Development Review Table are explained below.
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Figures (I), (2) and (3) are numbers obtained from the Concurrency Service .trey Tables (CSA) as
shown in the School District Five-Year Capita! Facilities Plan. The Figures show the CSA's
projected I) enrollment, 2) capacity and 3) utilization.
Figure (4) is the projected number of ttew residential units in each CSA obtained from the annual
disaggnegation of residential units county wide, based on historic absorption rates. This is established
from the Palm Beach County Projected Units Table, as shown in Exhibit E of this AG1tEElv~2T1'
as amended annually.
Figure (5) is the number of students expected from projected new units (Fig.4) multiplied by the
student generation multiplier based upon a three bedroom, two-bath house. The multiplier used is
the SCHOOL DISTRICT's Student Generation Multiplier Table -shown in Exhibit D of this
AGREE[v1ENT.
Figure (6) is a list of the new residential developments in the order that each application is received
within the CSA .
Figure (7) is a list of the number of amual units expected from each residential development.
Figure (8) is the list of projected students from new residential development, calculated by type of
unit and by school level found in the SCHOOL DISTRICT's Student Generation Multiplier Table
shown in Exhibit D of this AGREEMENT.
Figure (9) is the total number of students per school type from the proposed residential developments.
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Figure (10) is the number of students which is the difference between the rota! students from new
developments (Fig.9) subtracted from the expected projected students from new units (Fig.S). If the
number is positive, the level of service (Fig.3) does not change.
Fignre (11) is the revised student enrollment by school type determined by the difference in (Fig.10)
if it is a negative number, that number of students shall be added to the projected student enrollment
(Fig.l).
Figure (12) represents the level of Service calculated and revised, if needed.
Figuro (13) represents the development from adjaoeat an CSA (if requited), recorded iri the order that
each application is received.
Insert "Development Revlew Table" See page 30a Attached
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• Development Review Table Example
Igor A Single Year
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10
c B
d 6 C
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c d
p
CSA
C
3 13 F
to
Z 11
A
c 6
~'
E 6 C
_ ~ D
Ut -y E
~ AdJace
~
CSA
13 ~ F
a~
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New LOS - 4,074 ~
Remaining StudenlAvailabili[y
NtpATNVJP S ~ tDOCtCONCCRNCY/SECTiONnN TE RLOC~DEVRE V )C
)Oa •f 71
-- 700%. ~ or
10 ~ _2
3 -'~ 97•/. 4 666 5 158
22SF 5
100SF 23
~ 193SF 8 -->• 44 -
- 200SF 46
65SF 15
I
90MF t4
-~ 97 % 9 ~-- 14 6
10 -- 1 0 ,ti
O ~ v1
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~ ~ Z
a
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4. The Three Year Rule
If the level of service is exceeded, and new capacity in the CSA will be in place or
under actual construction in the first three years of the School District's Five-Year Capital Facilities
Program, the new capacity will be added to the capacity shown in Figure 2 and the level of service
will be recalculated.
5. Adjacent CSA Capacity
(a) Ifthe projected student growth from the residential development causes
the adopted LOS to be exceeded in the particular CSA and that type of school and Capacity exists in
one or more contiguous CSA's, the development shall receive a letter of determination of
concurrency. In conducting the review, the SCHOOL DISTRICT shall first ttse the adjacent CSA
with the most available capacity to evaluate projected ettrolhnent, and if necessary shall continue to
the CSA with the next most available capacity until all adjacent CSAs have bcen evaluated or the
letter of determination of concutrency is issued.
(b) If a proposed new development in a CSA which has been used to
provide capacity for a development in an adjacent CSA causes the LOS to be exceeded, the
development in the CSA which used the adjacent CSA's capacity will be re-evaluated by using the
adjacent CSA with the next highest capacity until capacity has been identified or all adjacent CSAs
have been evaluated. If there is capacity in an adjacent CSA,•projected enrollment will be moved
from the originally used CSA to the adjacent CSA with the next highest available capacity.
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(1) •The development in CSA 20 was evaluated usirtg the adjacent CSA
with the most capacity for high school students (CSA 19).
(2) Later, a new development proposal in CSA 19 is submitted for
evaluation and there is not enough high school capacity in CSA 19, or adjacent CSA's 17 and 18.
(3) The previously approved development in CSA 20 will be re-evaluated
based on capacity in CSA 21. If the capacity exists in adjacent CSA 21 (2nd highest capacity), the
projected enrollment from the previous development in CSA 20 will be moved from CSA 19 and
added to CSA 21.
(4) The development in CSA 19 will be revaluated based on the new data
for that CSA.
6. Issue Letter of Determination of Concutrency
Letter of Determination of Concurrency shall be issued if the impacts of the proposod
development's student growth does not cause the adopted Level of Service (or Tiered LOS) to be
• exceeded, the Letter of Determination of Concurtency shall indicate the development to be in
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(c) Example of Adjacent CSA Use
•
compliance. If the development is not in compliance, the Letter of Determination of Concurrency
shall detail why the development is not in compliance and shall offer the applicant the opportunity
to enter into the 90 day negotiation period described below.
7. Mitigation
(a) Mitigation shall be allowed for those residential development proposals that
the SCHOOL DISTRICT detemunes cannot mcet adopted level of service standards. The applicant
shall be allowed to enter a ninety (90) day negotiation period with the SCHOOL DISTRICT in an
effort to mitigate the impact from the development Prior to the approval of the mitigation plan, the
local government shall have the opportunity to review the mitigation options which shall be limited
to those the SCHOOL DISTRICT recognizes and assumes the responsibility to operate, with the
exception of charter and private schools, and which will maintain the adopted level of service
standards for the first Five years from r+oceipt of the school concurrency Determination Letter.
Mitigation options. must consider the SCHOOL DISTRICT's educational delivery methods and
requirements, and the State Requirements for Educational Facilities (S.R.E.F.) and may include:
(1) Donation of buildings for use as a primary or alternative
learning facility; and/or -•
(2) Renovation of existing buildings for use as teaming facilities;
or
(3) Construction of permanent student stations or core capacity:;
or
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(4) For schools contained in the adopted SCHOOL DISTRICT's
Five-Year Capital Facilities Plan only, upon agreement with the SCHOOL BOARD, the developer
may build the school in advance of the time set forth in the SCHOOL DISTRICT'S Fivo-Year Capital
Facilities Plan. The SCHOOL BOARD shall eater into as agtnemeat bo reimburse developer at such
time as the school would have been funded is the SCHOOL DISTRICT'S Fivo-Year Capital Facilities
Plan; or
(5) Charter School; or
(6) Private School; or
(7) For mitigation measures 1,2,3 and 4 above, the developers shall
receive impact fee credit
(8) Upon conclusion of the 90 day period, a second Letter of
•
Determination of Concurrency shall be issued. If mitigation is agreed to, the new Letter of
Detemtinadon of Concurrency shall fmd the development is in compliance and shall be conditioned
on those mitigation measures agreed to by the developer and~the School Board. The mitigation
measures shall be memorialized in an agreement between the School District and the Developer that
specifically details mitigation provisions to be paid for by the developer and the relevant terms and
conditions. If mitigation is not agreed to, the new Letter of Detemtination shall detail why any
mitigation proposals were rejected and detail why the development is not in compliance.
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G. Term of School Coacurrency
A Letter of Determination for School Concurrency issued by the SCHOOL DISTRICT
shall be.valid for one year from the date of issuance. Once the Local Government Site Specific
Development Order is issued, the ooneruneacy determination shall run with the Development Order.
)3. SnspensIon of Concarr+ency
1. School conerrrreacy shall be suspended in all CSA's upon the ooaareaoe and
~'or the duration of the following conditions:
(a) The SCHOOL DISTRICT gives written notice to the COUNTY and
the MUNICIPALITIES of the occurrence of an "Act of God" as provided in this AGREEMENT: or
(b) The SCHOOL BOARD does not adopt an update to its SCHOOL
DISTRICT's Five-Year Capital Facilities Plan by September 15th of each year consistent with the
requirements of this AGREEMENT; or
(c) The SCHOOL DISTRICT's adopted update to its Capital Facilities
Program Plan does not add enough FISH t~pacity to meet projected growth in demand for permanent
student stations at the adopted level of service for all schools of each type for each CSA sad each
individual school as determined by TAG based on data provided by the SCHOOL DISTRICT; or
(d) The SCHOOL DISTRICT's Five-Year Capital Facilities Plan is
determined to be financially infeasible basod on an evaluation of all funds available to the SCHOOL
DISTRICT for capital improvements as determined by the State Department of Education; or as
defined by the issuance of a Notice of Intent to Find an Amendment to a Capital [mprovement •
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Element not in compliance as not being financially feasible, by the Department of Community Affairs
pursuant to Section 163.3184, Florida Statutes; or by a court action or 5nal administrative action;
or
e) If concutrency is suspended in ono-third or more of the CSA's pursuant
to G.2. of this Section below.
2. School Concurnency shall be suspended within a particular CSA, upon the
occurrence and for~the duration for the following conditions:
(a) Whero an individual school in a particular CSA is twelve or more
months behind the schedule set forth in the SCHOOL DISTRICT's Fivo-Year Capital Facilities Plan,
concurrency will be suspended within that CSA and the adjacent CSA's for that type of school; or
(b) The SCHOOL DISTRICT does not maximize utilization of school
capacity by allowing a particular CSA or an individual school to exceed the adopted Level of Service
(LOS); or
(c) Where the School Board materially amends the first 3 years of the
SCHOOL DISTRICT's Fivo-Year Capital Facilities Plan in accordance with Suction III G., and that
amendment causes the Level of Service to be exceeded for that type of school within a CSA,
concurrency will be suspended within that CSA and the adjacent CSA's only for that type of school.
3. If the Program Evaluation Report in accordance with SectionVI.M., below,
recommends that concurreacy be suspended because the program is not working as planned,
• concurrency may be suspended upon the concuaence of 33% of the Parties to this AGREEMENT.
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4. Once suspended, for any of the above reasons, concurreacy shall be reinstated
once TAG determines the condition that caused the suspension has been remedied or the Level of
Service for that year for the affocted CSA's have been achieved.
VI. MONITORING
A. Establishment of the Technical Advisory Group (TAG).
The PARTIES agroe thatthe SCHOOL DISTRICT's Fivo-Year Capital Facilities Plan
and the ten and twenty year work programs will be momtorod by an mdependeat Technical Advisory
Group (TAG) to be established by the PARTIES of this AGREEMENT no later than 90 days from
the date this AGREEMENT becomes effective.
B. Purpose of the TAG.
The purpose of the TAG is to function as a resource for the SCHOOL BOARD, the
COUNTY and the MLlNICIPALTI'IES and to make recommendations including but not limited to
the following:
The SCHOOL DISTRICT's FivaYear Capital Facilities Plan
2. Ten and twenty year work programs. It is recognized that the 10 and 20 year
work programs are tentative and will be used for general planning purposes. -
Schools that tugger a School Capacity Study (SCS).
4. CSA boundaries.
5. SCHOOL DISTRICT Management reports
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6. Operation and effectiveness of the concurrency program
C. Membershlp of the TAG.
1. The TAG will consist of five (5) members with relevant spacial knowledge or
experience and shall include the following:
(a) A Certified Public Accountant nominated by the FAU College of
Business.
(b) A general contractor nominated by the Local Chapter of the AGC.
(c) A demop~rapher nominated by the FAU College of Geography.
(d) A planner nominated by the Treasure Coast Chapter of the American
Planning Association
(e) A business person representing the for-profit private sector nominated
by the Economic Council of Palm Beach County.
2. The parties expect the nominating agencies to make the initial
recommendations no later than 30 days from the effective date of this agreement and other
nominations no later than 60 days prior to the expiration of the term of membership.
3 Interim vacancies shall be filled as quickly as possible.
4. TAG members shall be automatically approved within 60 days of the
nomination unless vetoed by the SCHOOL BOARD, the League of Cities Board of Directors or the
Board of COUNTY Commissioners (BCC).
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D. Terms of Membership
The initial temts of TAG members shall commence 90 days from the effective date
of this AGREEMENT and be as follows:
Two Year Temrs -The CPA aad the General Contractor and the business
I~n-
2. Three Year Terms -Demographer, and Planner
Each succeeding appointment shall be for a tam of three years. Upon the death, or
resignation, of a member, the nominating body will propose a successor for the unexpired urm, or
a full tent, as the case may be, and will be accepted unless vetoed pa Section C.2. above.
E. Election of Chair and Organization Meeting
At the first mceting of the TAG and every year thereafter, on or about the
anniversary of the first mceting, the members of TAG shall hold an organizational meeting.
2. At the organizational meeting, the members shall elect a chair and vice-chair
who will serve one year terms. There shall be a limit of two consecutive terns the chair aad vice-
chair may serve.
3. The TAG has the authority to enact their own rules of procedure.
F. Quorum and voting.
No. meeting of TAG shall be called to order, nor may any business be transacted
without a cjaonun consisting of a majority of the members being present All actions shall require
a simple majority of the members then present and voting. [n the event of a tie vote, the proposed •
Page 39 of 71
motion shall be considered to have failed. No member shall abstain from voting unless there is a
conflict of interest pursuant to Florida Statutes.
G. Meetings open to the public
All meetings shall be open to the public.
Ii. Compensation
The members of TAG shall receive no compensation for their services.
I. Staff Support for the TAG
The PARTIES will direct their staffs to cooperate with the TAG in perfom~ance of its
duties under this AGREEMENT. Clerical support for meetings of TAG will be provided by the
SCHOOL DISTRICT.
J. Management Reports
By July 1st each year, the School Superintendent shall submit an annual management
report to the SCHOOL BOARD and TAG detailing the status of the SCHOOL DISTRICT's
implementation of its adopted Five-Year Capital Facilities Plan. The management report will contain
reports on the status of each capacity or moderttiTation project in the SCHOOL DISTRICT'S Five-
Year Capital Facilities Plan• including any related audits and a schedule of the proposed
and completion date of all programmed activities. Revisions to projected cosu for
unbuilt projects and the projected costs compared to actual costs of each constructed project shall also
beincluded.
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K Enrollment Reports
The SCHOOL DISTRICT Superintendent shall submit a yearly report on the first
student count of the second semester enrollment of all schools of each type in.each CSA and each
individual school by February ISth.
L. Monitoring Reports
The TAG shall review the information submitted by the SCHOOL Superintendent and
shall compile and submit a report annually on the following:
The accuracy of previous pupil enrollment projections compared with actual
enrollment.
2. The accuracy of previous population projections of each CSA compared with
actual growth.
3. The accuracy of projected costs of school construction piojects compared with
actual costs:
4. The accuracy of projectod school constnxtion schedules compared with actual
performance.
All annual reports of the TAG shall be submitted to the MUNICIPALITIES, the COUNTY
and the SCHOOL BOARD by August 1. Any interim TAG report shall be submitted to the parties
within five days of completion.
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M. Program Evaluation Report
1. On or before August 1, 2002, or at the request of any party to this
AGREEMENT, TAG shall initiate an evaluation of the effectiveness of the program. This
evaluation shall consider but not be limited to the following:
(a) Number of school concttrrency suspensions by school type
(b) Duration of school concutrency suspensions
(c) Ability to achieve and maintain the adopted LOS
(d) Timeliness of parties' response inquired by this AGREEMENT.
(e) Operation and effectiveness of the conctutency program.
2. TAG shall issue a report on the findings and t+ecommendations toall PARTIES
by November 1, 2002, and every 2 years thereafter, and within 90 days after the request for review
by any party to this AGREEMENT. The recotnntendations shall include, but not be limited to,
suspension and changes to the following:
(a) Joint Planning and Coordination by PARTIES to this AGREEMENT
(b) LOS Standards
(c) Interlocal AGREEMENT
(d) Goals, Objective and Policies
(e) CSA boundaries
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(f) Implementing Ordinance
(g) SCHOOL DISTRICT'S Five-Year Capital Facilities Plan.
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N. Conflict of Interest
1. General. No TAG member shall have any interest, financial or otherwise,
direct or indirect, or engage in any business transaction or professional activities, or incur any
obligation of any nature which is in substantial conflict with the proper dtscharge of duties as a
member of the TAG.
2. Implementation. To implement this policy snd strengthen the faith and
confidence of the citizens of Palm Beach County, members of the TAG are directed:
(a) Not to accept say giR, favor, or service that might reasonably tend to
improper4r influence the discharge of official duties.
(b) To make known by written or oral disclosure, on the record at a TAG
meeting, any interest which the member has in nay pending matter before the TAG before any
deliberation on that matter.
(c) To abstain from using membership on the TAG'to secure special
privileges or exemptions.
(d) To refrain fiom engaging is any business or professional activity which
might reasonably be expected to require disclosure of confidential information acquired by
membership on the TAG not available to members.of the general public; and refi~airt from using such
information for personal gain or benefit
(e) To refrain from accepting employment which might impair independent
judgment in the performance of responsibilities as a members of the TAG. •
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(f) To refrain from transacting any business in an official capacity as a
member of the TAG with any business entity of which the member is an officer, director, agent or
member, or in which the member owns a controlling interest.
(g) To refrain from participation in any matter in which the member has
a personal investment which will create a substantial conflict between private and public interests.
VII. MEDIATION OF DISPUTES
The PARTIES acknowledge that the intergovernmental coordination provisions of Section
163.3177(6)(h), Florida Statutes, may not eliminate all disputes between the PARTIES to this
agreement and such disputes may affect the SCHOOL DISTRICT and the land use planning authority
of the COUNTY and the MUNICIPALITIES. In the case of the negotiation, adoption, and
implementation of any provisions of this interlocal agreement or amendment thereto, COUNTY,
MUNICIPALITIES and the SCHOOL DISTRICT agree that those PARTIES in opposition shall
attempt an informal resolution of the concerns raised. In the event objections cannot be resolved
within 20 days or such other time as may be mutually agreeable, the PARTIES shall have the right
to petition the Court in accordance with the provisions of Article DC.C., or submit their disagreement
for mediation under the protocols of the Palm Beach County Comprehensive Pian Amendments
Coordinated Review Interlocal Agreement of October, 1993, as specified in Article X therein,
attached as Exhibit A to this AGREEMENT.
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If the mediation process is irretrievably deadlocked after three meetings, the PARTIES will
submit their dispute to arbitration. The arbitrator will be selected by the Executive Committce of the
Palm Beach County Issues Forum within 15 days after the third mediation meeting, and arbitration
will commence within 30 days after the third mediation meeting. The arbitrator's decisions will be
binding on the PARTIES, and the costs of arbitration will be home equally by the PARTIES.
VIII. COORDINATED PLANNING
A. The Coordination of Planning and Sharing of Information
The PARTIES recognize that sound planning for both educational facilities and student
growth emanating from existing, redevelopment and new development of residential properly requires
adequate and accurate data and information and that effective coordination of these two planning
functions requires that all of the PARTIES have access to and utilize the same data and information.
Accordingly, the COUNTY, the MUNICIPALITIES, anti the SCHOOL DISTRICT agree to share and
coordinate information relating to existing and planned public school facilities, proposals for
development and re-development, infrastructure required to support public school facilities, and
population projections, including student population projections, which are utilized and relied on by
the PARTIES for planning purposes.
B. Population Projections
The SCHOOL DISTRICT shall utilise the COUNTY'S population projections derived
from the University of Florida Bureau of Economic and Business Research (BEBR) medium
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population projections for permanent resident population, which include municipal and
unincorporated areas, as the basis for student population projections.
The COUNTY shall convert the BEBR projections into both existing and new
residential units and disaggregate these units throughout incorporated and unincorporated Palm
Beach County into each CSA using BEBR's annual estimates by municipality, persons-per-
household figures, historic growth rates and development potential considerirrg the adopted Future
Land Use maps of all local govemment Comprehensive Plans. These are shown is Exhibit E of this
agreement ("Projected Units Table's wlrich shall be amended annually.
The SCHOOL DISTRICT shall evaluate the disaggregated projections prepared by the
COUNTY, considering the population projections contained in each local government
Comprehensive Plan, and the State Department of Education Capital Outlay Full Time Equivalent
(COFTE) student projections, making modifications as necessary, and utilizing appropriate models
and methodologies. The SCHOOL DISTRICT shall develop and apply the Student Generation
Multipliers as shown in EXHIBIT D of this AGREEMENT for all schools of each type to the
projected residential units, considering past trends within spxific geographic areas, in order to project
school enrollment, consistent with the requirements of Chapter 235, Florida Statutes.
All PARTIES agree to the continued use of this methodology, which has been used
by the SCHOOL DISTRICT since 1996, and, based upon its historical accuracy, consider its results
to be the best available data.
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The SCHOOL DISTRICT, the COUNTY and the MUNICIPALITIFS commit to
continued efforts to improve this methodology and enhance coordination with the plans of the
SCHOOL DISTRICT and local governments. Population and student enrollment projections shall be
revised annually to etrsure that new residential development sad redevelopment information providod
by the MUNICIPALITII3S and the COUNTY is reflected in the updated projections. The revisod
projectioac and the variables utilized in making the projections shall be reviewed by all signatories
through the Intergovernmental Plan Amendment Review Committoe (1PARC). Projections shall be
especially revisited and refined with the results of the 2000 Census.
C.' Local Government Data Collection
On April 1 and October 1 of each year, local governments shall provide the SCHOOL
DISTRICT with the information regarding the Certificates of Occupancy issued for new residential
units. The actual students generated from new residential units will be used in the data and analysis
for the annual update of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan .
D. School District Data Publication
The SCHOOL DISTRICT shall publish data concerning school capacity, including
the enrollment of each individual school based on the first count of the second semester, the actual
capacity of each school at the adopted level of service, the enrollment and capacity for all schools of
each type in each concurrency service area. The SCHOOL DISTRICT shaLL specifically update the ..
data upon meeting the following conditions: no later than fifteen (l5) working days after the annual •
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update of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan; with the first count of the
second semester each year, as new capacity becomes operational;~wlten a SCS is approved; or as
conctuxency determinations are issued.
E. Multiplier Publication
Sixty (60) days prior bo the implemeatatiion ofconcurreaty the SCHOOL DISTRICT
shall publish demographic multipliers. These multipliers will be used for the te:m of this agreement
to detemrine the number of elementary; middle and high school students, based on the number and
type of residential units from the proposed development These multipliers must be'supported by
data and analysis based on existing enrollment for each type of residential unit and will be updated
or re-verified by the SCHOOL DISTRICT upon renewal of this agreement
F. Proposals for Development, Redevelopment and Infrastructure required to
Support Public School Facilities
On or before January 1 of each year, for the SCHOOL DISTRICT's consideration and
utilization in preparing its annual update of the SCHOOL DISTRICT'S Five-Year Capital Facilities
Plan the COUNTY and the MUNICIPALITIES shall provide to the SCHOOL DISTRICT a report
setting forth the COUNTY'S and the MUNICIPALITIES' respective projections for development, and
redevelopment, in the forthcoming year. In addition, before January l of cacti year the COUNTY and
the MUN[CIPAI.[TIF.S shall provide to the SCHOOL DISTRICT a copy of any amendments to their
respective five-year road plans, fivo-year utility plans, and five year plans for parks, fire protection
• and public safety and any other plans they have in their possession affecting infrastructure.
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G. School Siting
1. Unless a local GOVERNMENT has or ¢oes cafe into a separate Interlocal
Agreement relating to school siting, the following provisions shall be followed in school siting
decisions. If a sepamu Interlocal Agreement that addresses school siting is in effect, the provisions
of that Agreement shall control and this Section (G) and shall twt be applicable betwoea those parties.
2. Tire SCHOOL DISTRICT shall coordinau planning and siu location of .
educational facilities with each MUIQICIPALTTY and the COUNTY in which a school siu is
proposed for consnnction or siu•acquisition within the SCHOOL DISTRICT'S Fiv~Year Capital
Facilities Plan in accordance with Chapurs 235 and 163 of the Florida Statutes. This process shall
assist in determining possible sites for the proposed schools and the consisuncy with the
Comprehensive Plan, applicable land development regulations, the necessary existing or planned
infastucture, and coordination of public facilities such as parks, libraries, and community centers.
3. Not less than 90 days prior u adoption of the initial Five-Year Capital Facilities
Plan and any amendments or yearly updates, the SCHOOL DISTRICT shall coordinate with the
COUNTY and each MUNICIPALITY in which a school is proposed for construction or expansion
under the proposed plan to determine the consistency of one or more proposed sites with the local
government's comprehensive plan and the availability- of necessary or planned. infrastructure and to
coordinate the proposed location with public facilities such as parks, Libraries and community centers.
Alternative sites may be proposed by the LOCAL GOVERNMENT for the consideration of the
SCHOOL DISTRICT.
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4. At least 60 days prior to acquiring or leasing any property that may be used for
a school site, the SCHOOL DISTRICT shall provide written notice of the proposed acquisition to the
LOCAL GOVERNMENT in whose jurisdiction the proposed site is located. This written notice from
the SCHOOL DISTRICTshall include a school site acquisition form, aerial map, location map and
proposed acquisition and oonstnrction completion schodule. As quickly as possible but no htber than
45 days from receipt of this notice, the LOCAL GOVERNMENT shalt notify the SCHOOL
DISTRICT if the proposed site is consistent with the land use categories and policies of the LOCAL
GOVERNMENT'S comprehensive plan sad~wning district and provide comments regarding the
feasibility of each of the sites submitted by the SCHOOL DISTRICT. These comments should
address the availability of necessary and planned infrastructure and the collocation of the proposed
school facility with other public facilities such as parks, libraries and community centers. The
SCHOOL DISTRICT shall include these comments in their rating system to detemtine the best
overall site for acquisition. This preliminary notice does not constitute the local government's
determination of consistency required by Section 235.193(5), Florida Statutes.
5. The SCHOOL DISTRICT shall submit a request for determination that a
proposed site for a public educational facility is consistent with the LOCAL GOVERNMENT'S
comprehensive plan and land development regulations and an application for site plan approval as
early in the design stage as feasible, but no later than 90 days prior to the proposed construction
commencement date of a new public educational facility or modernization of an existing public
• educational facility. The SCHOOL DISTRICT application shall include the items required in
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paragraph 4, a site plan mceting the requirements of the LOCAL GOVERNMENT'S land
development regulations to the exunt the land development regulations are not in conIIict with the
stau uniform building code or the review criteria is subparagraph (b) below, any other information
required for siu plan review under the LOCAL GOVERNMENT'S land development regulations,
and, if in a municipality, a municipal traffic ooncurrency letter from the County.Enginoer. The
LOCAL GOVERNNIEN'I' shall have 90 days to .determine in writing after rxeiving all of the
requit+od infomration from the SCHOOL DISTRICT whether the proposed siu and siu plan for the
public educaUioa facility is consistent with the local oompnehensive plan and local land•development
regulations and if the site plan is approved.
(a) If the LOCAL GOVERNMENT informs the SCHOOL DISTRICT that
a proposed siu is not consisunt with the land .use categories and policies of the LOCAL
GOVERNMENT'S comprehensive plan, the SCHOOL DISTRICT shall not proceed to construct any
new or expanded public educational facility on the siu unless aad until the LOCAL GOVERNMENT
comprehensive plan is amended to make the proposed facility consisunt with the LOCAL
GOVBRNME'NI' comprehensive plan. If the siu is consistent with the comprehensive plan's future
land use policies and categories in which public schools are allowable uses, the LOCAL
GOVERNMENT may not deny the development of the siu for a public educational facility but may
impose reasonable development standards and conditions through the site plan approval process in
accordancdwith Section 235.34(1), Florida Statutes. .,
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(b) The LOCAL GOVERMIvIENf tray not deny the site plan based on the
adequacy of the site plan as it relates solely to the needs of the educational facility. The LOCAL
GOVERNMh'NT's t+eview may consider the site plan and its adequacy as it relates to environmental
concerns, health, safety and welfare, and effects oa adjacent property. Standards and conditions may
not be imposed which conflict with those established in Chapter 235, Flotida Statutes, or the State
Uniform Building Code, unless mutually agreed by the SCHOOL DISTRICT and the LOCAL
GOVERNM>:'NT. The parties agree that the following criteria shall be applied in evaluating the site
plan:
(1) The proposed site and education facilities shall, at a minimum, meet the
State Requirements for Educational Facilities (SRF.F), plus a ten percent (ll)%) capacity flexibility
allowance in conformance with the SCHOOL DISTRICT's adopted level of service.
(2) The site plan shall demonstrate that there are no adverse impacts on sites
listed in the national Register of Historic Places or otherwise designated in accordance with
appropriate State guidelines as locally significant historic or arohaeological resources.
(3) The site plan shall provide sufficient space to meet on-site parking and
on-site traffic circulation requirements to satisfy current and projected site generated vehicular
demand.
(4) There shall be adequate setbacks, buffering and design controls to
eliminate or decrease any negative externalities, such as noise; fivm affecting neighboring
• developments in accordance with SREF standards, at a minimum. Outdoor recreational facilities,
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including stadittms and similar support facilities shall be located and buffered on the proposed site
to minimize impacts on the adjacent properties.
(5) The location of the proposed site shall comply with all provisions of
Florida Statutes, as they relate w the siting of public education facilities.
(~ '!he following access standards shall aPP1Y ~ ~ Proposed sites of the
specific .school types to ensure they are consistent with. the LOCAL OOVERNMENT's
comprehensive plan:
() For elementary schools, special education facilities, and alternative
education facilitiesproposed school sites shall have direct access to at least a minor collector road
or as otherwise approved by the LOCAL GOVERNMENT after detr**n;.,Ar~on of acceptable traffic
impacts.
(ii) For middle schools, the proposed site shall have direct access to
at least a minor collector road or as otherwise approved by the LOCAL GOVERNMENT after
detemilnation of acceptable traffic impacts.
(iii) For high schools, the proposed location shall have direct access
to at least a major collector road, or as otherwise approved by the LOCAL GOVERNMENC after
determination of acceptable traffic impacts.
(c) Any facility not usodexclusively for educational purposes and any non-
educational'uses are subject to the LOCAL tiOVERNMENT's land development regulations and
such facility or use shall not occur unless approved pursuant to those regulations. •
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(d) Nothing herein shall preclude the SCHOOL DISTRICT and the
LOCAL GOVERNMENT from developing eltetnativedevelopment standards based on mutually
acceptable performance criteria, that would meet the intent of the provisions listed above.
13. School District Review Of Future Land Use Element Plan Amendments.
1. Each LOCAL GOVERNMENT that is aot a participant in the Comprehensive
Plan Amendment Coordinated Review Interlocal Agreement dated, October 1993, agroes to submit
to the SCHOOL DISTRICT at least 30 days prior to its transmittal hearing an executive summary of
any amendment to the Future Land Use Element that modifies or adds any residential designation
along with a copy of the plan amendment and supportirtg material and the date, time, and place of the
transmittal hearing. Each LOCAL GOVERNMM1sN'[' that is a participant in the `Comprehensive Plan
Amendment Coordinated Review Interlocal Agreement' shall follow the procedures of that
AGREEMENT.
2. The SCHOOL DISTRICT shall review the information submitted and shall
evaluate the impact of the proposed amendment on the Public School Facilities Plan, the consistency
of the proposed plan amendment with the SCHOOL DISTRICT's Five-Year Capital Facilities Plan,
the impact on the adopted Level of Service standard for public schools, and the projected timing and
delivery of public school facilities to serve any residential development authorized by the
Comprehensive Plan Amendment.
3. O~thin 20 days of receipt, the SCHOOL DISTRICT, shall submit to the
• COUNTY or affected MUMCIPALITY a written report setting forth the findings and
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recommendations of the SCHOOL DISTRICT, and specifically setting forth the capacity, or lack
thereof, of existing facilities or planned facilities in the current SCHOOL DISTRICT Capital
Facilities Program Plan to serve additional students without overcrowding such facilities beyond the
adopted Level of Service.
4. The COUNTY or MUMCIPALITY shall consider the report and
recommendations of the SCHOOL DISTRICT at its transmittal hearing. and if the COUNTY or
MUNICIPALITY docides to traacmit the ProP~ P~ amendment to the Department of Commtmity
Affairs, the COUNTY or MUNICIPALITY shall intdude the written report and recommendations of
the SCHOOL DISTRICT in its trnncm;ttal package.
5. In considering whether to adopt nay. Comprehensive Plan Amendment
providing for residential development, the COUNTY and the MUNICIPALITIES agree to consider
the factors set forth in the written report of the SCHOOL DISTRICT.
6. The COUNTY and the MUNICIPALITIES agree to abide by the procedures
set forth in subparegaphs 1 through 5 above, in considering any proposed amendments to the Future
Land Use Element of their respective plans.
IX. SPECIAL PROVISIONS
A. SCHOOL DISTRICT Requirements.
The PARTIES acknowledge and agree that the SCHOOL DISTRICT is or may be
subject to the requirements of the Florida and United States Constitutions and other state or federal
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statutes regarding the operation of the public school system. Accordingly, the COUNTY, the
MUNICIPALITIES and the SCHOOL DISTRICT agree that this AGREEMENT is not intended, and
will not be construed, to interfere with, hinder, or obstruct in any manner, the SCHOOL DISTRICT'S
constitutional and statutory obligation to provide a uniform system of free public schools on a
county-wide basis or to require the SCHOOL DISTRICT bo oonfa with, or obtain the consent of the
COUNTY or the MIJNICIPALIITFS; as to yvhether that obligation has been satisfied. Ftnther, the
COUNTY, the MUNICIPALITIES aad the SCHOOL DISTRICT agroe that this AGREEMENT is
not intended and will not be construed to impose any duty or obligation on the COUNTY or
MUNICIPALITY for the SCHOOL DISTRICT's constitutional or statutory obligation. The
COUNTY and the MUNICIPALITIES also aclmowledge that the SCHOOL DISTRICT's obligations
under this AGREEMENT may be superseded by state or federal court orders or other state or federal
legal mandates.
B. Land Use Authority
The PARTIES specifically aclmowledge that each LOCAL GOVERNMENT is
responsible for approving or denying comprehensive plan ataeadments and development orders
within its own jurisdiction. Nothing herein represents or authorizes a transfer of this authority to any
other party.
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C. Specific Performance
The COUNTY, the MUMCIPALITIES and the SCHOOL DISTRICT shall have the
right to petition the Circuit Court for the Fifteenth Judicial Circuit for the State of Florida foi• specific
performance of any and all of the provisions of this AGREEMENT.
X. ~~ACTS OF GOD AND OTHER EXIGENT, CIItCUMSTANCES BEYOND THE
`CONTROL OF THE SCHOOL BOARD
• -"The COUNTY and the MUNICIPALITIES acknowledge that the SCHOOL DISTRICT, in
its opetatioa of the public school system, is subject to events, circumstances, and external forces and
authorities beyond its control. Examples are hurricanes or other rtatwal disasters which destroy school
facilities, other emergency situations affecting the operation of the public school system, state court
judgments concerning the SCHOOL DISTRICT'S State Constitutional or Statutory obligation to
provide a uniform system of free public schools, and school desegregation orders or compliance
agreements involving Foderal Courts or the Office of Civil Rights, United States Department of
Education. Such events or actions may prevent the SCHOOL DISTRICT tirom complying with the
provisions of this AGREEMENT and may require the SCHOOL DISTRICT to deviate from or
modify the SCHOOL DISTRICT's Five-Year Capital Facilities Plan agreed to and approved by the
COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT. The COUNTY and the
MUNICIPALTCIF.S hereby agree that such noncompliance, deviations, or modifications will not be
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deemed a violation of this AGREEMENT and that the provisions of suspension will pertain to those
oceturenoes.
XI. STANDING AND THIRD PARTY BENEFICIARY RIGHTS
The PARTIES hereby acknowledge and agree that it is not the inteat of any party to this
AGREEMEN'T' to confer say rights on any persons or eatities other than the PARTIES to this
AGRE1Tv1ENT. No person or entity not a party to this AGR~EEIvlENT shall have any claim or cause
of action against either the COUNTY, the MUMCIPALITTES or the SCHOOL DISTRICT for the
failure of any party to perform in accordance with the previsions of this AGREEMENT except as may
be provided by law.
XII. AMENDMENT, WITHDRAWAL AND TERMINATION
A. Amending the AGREEMENT
This AGREEMENT may be amended only by written agreement of 51% of the
PARTIES.
B. Withdrawal from AGREEMENT
Any PARTY that is no longer required by law to be a party to this AGREEMENT may
withdraw from the AGREEMENT by sending written notice to the other PARTIES to the
AGREEMENT and the Department of Community Aff'sirs (or its successor agency) at least sixty (60)
• days prior to the effective date of the withdrawal.
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C. Additional Participants
Any MUNICIPALITY that•becomes a required party after the effective date of this
agreement may bedome a party to this agreement upon execution of a Unilateral Participation
Agreement in such form as the agrcement attached hereto as Exhibit C.
D. Termination of AGREEMENT
This AGREEIvIF;AlTmaybetaminated by 75%ofthe PARTIESfilingavvritteanotice
of termination with the other PARTIES within aay ninety (90) day period. The AGREEMENT shall
immediately be terminated upon~the filing of the written notice by the last required party
ICIII. TERM OF THE AGREEMENT
This AGREEMENT shall be for a term of (5) years and will automatically be ronewed for an
additional five (5) year terw as long as no required PARTY objects in writing to the renewal. Any
objection, by any PARTY to this AGREEMENT, to the renewal must be sent to the other PARTIES
no sooner than 90 days prior to the end of the term.
XIV. INDEMNIFICATION OF PARTIES
A. Hold Harmless
The SCHOOL DISTRICT agroes to hold harmless and indemnify the other PARTIES
to this AGREEMENT against any third Party claim, liability, lawsuit, and damage award arising out
of the performance of this AGREEMENT for any acts, failure to act, or decisions of the SCHOOL •
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DISTRICT that are totally within the purview of the SCHOOL DISTRICT or are the responsibility
of the SCHOOL DISTRICT under this AGREEMENT. Acts or decisioac of the SCHOOL
DISTRICT include, but are not limited to, items relating to school attendance boundaries, providing
adequate capacity for new students in the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan,
constructing and modemiting stdtools consistent with the adopted SCHOOL DISTRICT'S Fivo-Year
Capital Facilities Plan, decisions on whether to acceptor reject mitigation, and detsions oa available
capacity in the review process.
B. Third Party Clauns
The COUNTY and each individual MUNICIPALITY that is a PARTY to this
AGREEMENT agrees to hold harmless anti indemnify ell other PARTIES to the AGREEMENT
against any third party claim, liability, lawsuit, and damage award arising out of the performance of
this AGREEMENT for any acts, failure to act, or decisions of that PARTY that are totally within the
purview of that party or are the responsibility of that patty under this AGREEMENT. Acts or
decisions of the COUNTY or an individual municipality include, but are not limited to, the denial of
an application for development approval based on school impacts after the SCHOOL DISTRICT has
informed that party that adequate school capacity exists for the development: ~ • . - -
XV. MULTIPLE ORIGINALS
This AGREEMENT may be executed~in one or more counterparts, each of which shall be
• deemed an original, but all of which together shall constitute one and the same instrument.
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XVI. EFFECTIVE DATE OF AGREEMENT
A. Effective Immediately
Upon this AGREEMENT being signed by the last tequirrd PARTY, the
AGREEMENT shall be filed. with the Clerk of the Circuit Court. This AGREEMENT shall take
effect immediauly on the dau filed with the Cltxlc of the Circuit Court and shall continue until
terminated.
B. Nullification of AGREEMENT
If this AGREEMENT is not signed by all required PARTIES by July 1, 2001, this
AGREEMENT shall be null and void aad all PARTIES that sign this agreement are released from
any obligation imposed by the AGREEMENT.
IN WITNESS WHEREOF, the undersigned PARTIES have executed this Interlocal
AGREEMENT on the day and year indicated.
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY
••~.••""•••.••• IT'S BOARD OF COUNTY COMMISSIONERS
r~Oro yg Wilke ••""•.• •i
Boa t Coun~r ne ~/
By ~ Nrr ; By: ~e ~ e,r rt
. ,~
Jerk ~ '. ~~ : :Commissioner Maude Ford Lee, Chair
~., ~'••.,,,,.••'~~ 8 2 0 0 0 0 8 0 8
Approvedssto Formand••:F..•••••• Date: JUN .62000
Le fficiency
County Attorney
Page 61 of 71
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ATTEST:
By: _
Approved as to Form and
Legal Sufficiency
Boar-r a -
SCHOOL BOARD OF PALM BEACH COUNTX
B V~K/
Dr. Sandra Richmond, chairman
Hate: ~Ol I ~ I6d .
Page 62 of 71
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ATTEST:
sy:
City Clerk
,.;: •.
ATTEST: :.
r,
~y.:
., City Clerk
.. •~
ATTEST:
By
City Clerk
MUIVICIPALTTIES
CITY OF ATLANTIS
i
s
sy:
William Howell, Mayor
DATE:
CITY OF
By:,
D. Bill Ma/thie~ Mayor
DATE: _~/~ u~
CITY OF BOCA BATON
By:
DA'
Carol Hanson, Mayor
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```~~~~~oyNSON 6F ~''' MUNICIPALITIES
OtO~~ORAT~..'9S
i
Y tZ O i = EO A8 O FOR
,r ? - ~•
CITY OF BOYNTON BEACH
ATTEST: % ~ 1g, ~'~~
CITY AiTOR:~EY
~~~~~~ 11111111\\\\~~~ ~
By. By:
itv Clerk Gerald Broetung, Mayor
DATE: 9~B~OO
ATTEST: CITY OF DELRAY BEACH
By:/
Ciy
Approved as to form and
I ficiency:
sy:
Ciry Attorney
ATTEST:
City Clerk
By~~z~ , ~~..:-Sly : -....
David Schmidt, Mayor
DATE: /o/3~acm
CITY OF G12EENACItES
By:,
Samuel Ferreri, Mayor
DATE:
Page 64 of 71
MUNICIPALITIES ,^ ,~•~ ~.:;
'o ..
ATTEST: TOWN OF HAVERHILL
By:
Town Clerk
. Charles Stoddard. Mayor _
DATE:
ATTEST:
gy. ~::..
Town Cler c
~,
ATTEST:
By
Town Clerk
TOWN OF HYPOLUX//{O~ ~~'
Cenneth Schu tz, yor
..
DATE: 1o /6 -~.aa o
TOWN OF JUNO BEACH
By'
Robert Blomquist, Mayor
DATE:
u
Page 65 of 71
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c- `;
MUNICIPALITIES -c ! ,!, •~ ~~
.~ 4° a
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ir, Y. ~
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.+
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ATTEST: CITY OF LAKE WORTH `~: ~.
' `
By: BY~
City Clerk Tom Ramiccio, Mayor
DATE:
ATTEST: TOWN OF LANTANA
By: BY~
Town Clerk David Stuart, Mayor
DATE:
ATTEST:
Village Clerk
•
VILLAGE OF NORTH
Mayor
DATE: /f--/~ bD
Page 67 of 71
ATTEST:
By:
Town lerk
MUNICIPALITIES
TOWN OF JUPITER
By: lCs~
Karea Golonka, or
DATE:
ATTEST:
By:
Town Clerk
TOWN OF LAKE CLARKS SHORES '
By:
Malcolm Lewis, Mayor
DATE:
ATTEST: TOWN OF LAKE PARK
By: ~ By: ~~;
Town Clerk . William Wagnor; Mayor ` "" " ~ ? ~~
DATE:
•
Page 66 of 71
n
LJ
MUNICIPALITIES
ATTEST: CITY OF PAHOKEE
By: - By: ~ u
City Cle c Roy ingletary, ayor
ATTEST:
i•
.;
~~
By_ ,~. ' .
Town erk
ATTEST:
By:
City Clerk
•
DATE: ~~ G !/fl
TOWN OF PALM BEACH
`"~
Lesly Smi i, Mayor. _ '_
'" 'DATE:
CITY OF PALM BEACH GARDENS
By:
Joseph Russo, Mayor
DATE:
Page 68 of 71
u
ATTEST:
By:
Town Clerk
ATTEST:
B
Village Clerk
ATTEST:
By:
City Clerk
MUNICIPALITIES
TOWN OF PALM BEACH SHORES
By:
Thomas Mills, Mayor
DATE:
VILLAGE OF PALM SPRIN
. By. - 1.
' ~i hn Davis, ayor
DA/TE: ~~~a 2 Or1a
CITY OF RIVIERA BEACH
By:
Michael Brown, Mayor
DATE:
•
_., •.
fv .. V ys •,
~ygp~l f
~~~ ~ q~ ~'.
1 b
~ c~. is
.*
.'`• ...
Page 69 of 71
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U
MiJNIC1PALITIES
ATTEST: VILLAGE OF ROYAL PALM BEACH
Village Clerk David Lodwick, Mayor
DATE:
ATTEST:
.~.
By: .~
ty Clerk
... .. ~ , _.);._1~
ATTEST:
CITY OF SOUTIi BAY
By
arence ony, ayor ~
.•. ~. J.~ \ . . '.
DATE:
:..,-
VILLAGE OF TEQUESTA
Village Clerk •; -. `~` '.~°a'~,t ,
:.t.
:___.... _...._.A.._.:..___.. ,a Joseph Capretta, Mayor
- -..__.. _~_~....:.: ~_ .Qrr.-
DATE:
•
Page 70 of 71
•
MUNICIPALITIES
ATTEST:
By: ,.~~ .Co
Village Clerk
VILLAGE OF WELLINGTON
gy; , G~i.~..~~.-w
Thomas Wenham~
DATE: ~GC. ~y mad
ATTEST:
By:
City Clerk
CITY OF T PALM BEACH
,~~7
By:
Dawes, Mayor '
DATE: ~ ~~"`"
CITY ATTOHNEY'8 OFFICE
Approved as to form
and l~pelj}u~H~l~cl~e~no r
By: ,l~'LIZi~
Date: DO
Final 6106/00
Page 71 of 71
u
• EXHLBTT A
COHPREKENSIVE PLAN AMENDMENT COORDINATED R£VIEW
INTERLOCAL AGREEKENT
This Interlocal Agreement, dated the 1st day of October, 1993,
entered into by and among the various parties executing this
Agreement, each one constituting a public agency as defined in Part
I of Chapter 163, Florida Statutes; •
W T T N E S S E T K
AFiEREA6, Part I of Chapter 163, Florida Statutes, permits
public agencies as defined therein td enter into interlocal '
agreements with each other to jointly exercise any_ power,
privilege, or authority which such agencies share in common and
- which eadh might exercise separately; and ='
WHEREAS, Part II of Chapter 163, Florida Statutes, requires -
the coordination of local comprehensive plans with :the - .-
comprehensive plans of adjacent local governments and the plans of
school' boards and other units of local government providing
services but not having regulatory authority over the use of land;
and
WggggpS~ the participants to...this Agreement desire to
establish an intergovernmental coordination program for reviewing
proposed changes to adopted comprehensive plans which fully
utilizes the existing Chapter 163 comprehensive planning process
with minimal bureaucracy and expense for the participants; and •
WaEitEAS, participation,in.this;.pro~ram,shall not di;uinish any
.existing local government's. or .service.provi~er's process or power;-
and
WHEREAS, the participants desire to enter into this Agreement
Exhibit A Page 1 of 35
I
• • \ • - ..
to provide countywide coordination in the comprehensive plan
amendment process.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is mutually agreed and understood,- by and
among the undersigned agencies that now or may hereafter execute
this Agreement, as follows:
ARTICLE I. TITLE
This Agreement shall: be known and may be cited as the
"Comprehensive Plan Amendment Coordinated Review Interlocal
Agreement".
ARTICLE;II. PIIRPOSE
The purpose of this Agreement is to establish a coun'tjiwide
Comprehensive Plan Amendment Coordinated Review Process. This
process is designed to provide• coordination of proposed plan
amendments, cooperation between affected local governments and
service providers, and opportunities to resolve potential disputes
only within the Plan Amendment proces's with the least amount of
infringement upon eu`istiag processes,•.without undue processing
delays and without the necessity of significant staffing or
consultant costs. Specifically, the Comprehensive Plan Amendment
Coordinated Review Process will accomplish the following:
A. Proposed Plan Amendmenrs sna~.i ,.Q.~ ~~-------------
distribution~"arid"dissemination• to 'insure rhat•°•initial
transmittal and final~• approval will not- occur without
adequate notice to local governments and service
providers who may be adversely affected by the action.
•
•
Exhibit A Page 2 of 35
• .
B. An avenue for discussion and evaluaL-ion of the proposed
Plan Amendments is created so that the governiny body is
aware of objections, the basis for them, and the
reasonableness of the objection.
C. An opportunity is created for conflict resolution of an
item which, if approved, may result in a potential
.~
problem for another local government or service provider. •
D. The Comprehensive Plan Amendment Coordinated Review
Process does not diminish or transfer existing authority '
with respect to planning and implementation decisions of
the participants. •
ARTICLE TIZ. DEFINITIONS ~~
The following definitions shall apply to this AgYeement: ~ - -
"Act" means Part I of .Chapter 163, Florida Statutes. _
^Agreement^ means this Interlocal•Agreement, including any
amendments or supplements hereto, executed and delivered in.
accordance with the terms hereof.
^Clearinghouse" means the agency that provides the logistic
support services for the Comprehensive Plan Amendment Coordinated
Review Process. •
"Comprehensive Plan" means the plan adopted by a local
government pursuant to Chapter 163, Part II, Florida Statutes,
meeting the requirements of Chapter 163, Part IL•y Florida Statutes
and its implementing •rules..•~ _ '~ . .
• •^conf-lict Resolution. Panel": means;:a subgroup. of ,the Znterlocal
• Plan Amendment~Review Committee.
Exhibit A Page 3 of 35
_ _. , .
• •
"Days" means calendar days.
"E~ecutive Committee" means the representative body of the
local governments and service providers responsible for the
oversight and administration of this Agreement.
"Fact-finding Panel" means a subgroup of the Interlocal Plan
Amendment Review.COmmittee.
"Governing Body" means the board of county commissioners of a
county, the commission or council of an incorporated municipality,
the Pa3~a Beach County School Board, the Governing Board of the
South Florida Water Management District, or the governing body of •~
a special district. '
"Interlocal Plan Amendment Review Committee" means ttie' lsod}~ •
comprised of full-time, planning directors or other °simil"AY ..
position, from any ,local government participant. This group 'is
charged with the major technical role in the Comprehensive•• Plan
Amendment Coordinated Review Process.
"Local Government" meaiLS the incorporated cities, villages and
.towns within Palm Beach County and the County of Palm Beach.
"Participants" means those local governments and='service~
providers who have entered into the Comprehensive Plan Amendment
Coordinated Review Process through this Agreement and have paid the
annual participation fee as required in this Agreement.,
"Plan Amendment" means any change • or modificationF.ito:; ana'
adopted comprehensive~pl:an-that•:is.considered'a:comprehensinre':~plan =•
amendment pursuant to Chapter 163; Part II, Florida Statutes,.or:.•
its implementing rules. •
bychibit A page 4 of 35
• • :.
'•servico Providers" means the Palm Beach County School Board,
the South Florida Water Management District, and all independent
special districts located in whole or in part in .Palm Beach County
which provide services required to be addressed in comprehensive
plans by Chapter 163, Part ZI, Florida Statutes.
ARTICLE IV_ PARTICIPATION..
Section 1. All local governments and service providers
located in whole or in part in Palm Beach County are eligible to
participate in this Agreement. Only the parties who execute this
Agreement and who have paid their annual participation fee are
considered participants under this Agreement. Any local government•
or service provider who is not .a participant by October~i, 1993,
may become a .'participant- upon execution of a unilateral
Participation Agreement, in such form as the agreement attached --
hereto as FSChibit "A" . '
Section 2. Particivant General Obligations
A. All participants shall be obliged to pay an annual
participation fee.
• (1) The initial participation fee shall be $500.00 per
participant. This 'fee shall cover participation
from October 1, 1997 to~September 30, 1994 and
shall be due and payable by October 31, 1993. '
(2) The participation fee shall be $500.00 per .year for
each subsequent,,..year, ~unle~s this .amount. is
• modified. as.. authorized ..in Article:.V, Section. 2_ F. .
- No modification shall increase the fee by more than
Exhibit A Yage S of 35
-••
25t of the past year's-.fee amount. The annual
participation fee shall be due and payable. by
October 1 of each succeeding year.
(3) Non-payment of the fee shall result in the
suspension of participation in this Agreement
• pursuant to Article XI, Section 7.
(4) A fee paid pursuant to this section shall not be
returned in, full or prorates amount upon a
participant's withdrawal from this Agreement.
Participants entering into this Agreement after
_ October 1, 1993, or during any period subsequent to
September 30 of each year thereafter, shall be
obliged to remit the entire fee amount.
B. The local governments employing •full-time planning
directors or other similar positions are required to appoint that.
person to the Interlocal Plan Amendment Review Committee..
C_ The local governments and service providers whobecome
- participants agree to provide technical as:sistance•requested by a
Fact-finding Panel or Conflict Resolution Panel established
pursuant to this Agreement.
ARTICLE O. EZECIITIVE COHHITTEE -
Section i Creation/PUroose
There shall be -created~•arn.Executive Committee to provide
oversight•• •and directibn'•to•~°Ehe•'~Comprehetisive~•~•Plan Amendment •
Coordinated, lieview Process 'established this AgreemenC, in
accordance with and pursuant to the duties and responsibilities
Exhibit A Page 6 of 35
r .~
.expressed herein.
Section 2. Duties and Powers
The Executive Committee shall have the following duties,
powers and responsibilities:
A. Prepare an annual budget.
B_ oversee the collection and expenditure of funds.
C. Prepare an annual- report to the participants
detailing the activities and results from the
comprehensive plan amendments processed pursuant to
this Agreement. '
D. Oversee the operations of the' various _panels,
committees, and the Clearinghouse established
• pursuant to this Agreement.
E. Mane recommendations to the participants on ways to-
improve the coordination process.
F. Modify the annual.particip'ation fee in accordance '
with this Agreement.
G. Sy majority vote of the entire membership of the
Committee, iaodify -the time frames set forth in
Article VIII.
H. Propose amendments to this Agreement pursuant to
Article XI, Section 4.
I. Select the Clearinghouse. from ~ interested
participants. _ •
No enumeration of duties, powers, and responsibilities herein
.shall be deemed exclusive or restrictive, but shall be deemed to
s
Exhibit A Page 7 of 35
•
incorporate all implied powers necessary or incident to carrying
'out the purposes of this Agreement.
Section 3 Membership
A. The Executive Committee shall consist of nine members,
selected from the following_ five categories in the manner
specified, and shall meet the following criteria: ~ ~_
i
(1) Four elected municipal officials, selected by the
Palm Beach County Municipal League.
(2) Two Palm Beach County Commissioners, selected by
the Palm Beach County Commission. ---'
"(3) One member of the Palm Beach County School' $oard,
' selected by the Palm Beach County School Board'.
(4) One member of the South Florida Water ManBgemetit
District Governing Soard; selected by the South .•
Florida Water Management District Governing Board.
• (5) One Special District Representative, who shall
reside in Palm Beach County and represent a
District in' Palm Beach County, appointed by the
Regional Chair of the Florida Association of
Special Districts.
B. Except for the Special District Representative, all
members of the Executive Committee shall be a representative of a •
participant. Each member shall have one 'vote on the
Committee. •
C. Each category as set foirth in Paragraph A shall be
entitled to appoint one (1) alternate. The alternate from
Exhibit A Page 8 of 35
•
categories 1 - 3 must be an elected official. If no other member
of the South Florida Water Management District Governing Board
resides in Palm Beach County, the Executive Director or his
designee shall be the South Florida Water. Management District
alternate. The Regional Chair of the Florida Association of
Special Districts shall appoint as the Special District alternate
a person who resides in Palm Beach County and represents a district
in Palm Beach County. The alternate may act in place of any member .,,
from the same category.
D. In the event there are no participants in a designated
category set forth in paragraph A, that category shall kie_deemed
deleted and all remaining categories shall constitute the Executive
Committee accordingly.
Section 4. Executive Committee Action -
A. The affairs, actions and duties of the Executive _.
committee shall be undertaken at duly called meetings pursuant to '-
Section 9 hereof.
B. For any meeting of the Executive Committee at which any
official action is to be taken, a majority of the committee members
shall constitute a quorum, and a majority vote of the members
present shall be the act of the Executive Committee.
C. A certificate, resolution, or instrument signed by the
Chair, Vice-chair or such other designated person of the Committee
as may be hereafter selected by,the Committee shall be evidence of
•the action of the Committee. -
Section S. Election of Offioers
_ Exhibit A Page 9 of 35
•
Once a year, and at such other time as may be necessary to
fill a vacancy, at a meeting of the Executive Committee called for
the purpose thereof, the Committee members shall elect a Chair, a
Vice-chair, and a Secretary-Treasurer to conduct meetings•of the
Committee and to per-form such other functions..as.herein•.provided.~
Said Chair, Vice-chair and Secretary-Treasurer shall serve one (1)
!.
year terms unless they resign sooner pursuant to Section 7 hereof.
aeativn `v '•••~'~`^r'7-v of nff iGerS .
A. The Chair and the'Vice-chair shall take such action and
sign such documents on behalf of the Executive Committee--and in
furtherance of the purposes of this Agreement as shall be approved
by resolution of the Committee.
B. The Secretary-Treasurer, or his or her designee, shall
keep minutes of all meetings, proceedings and acts of the Executive -•
committee but such minutes need not be verbatim. Copies of all
minutes of the meetings of the Committee shall be sent by the
Secretary-Treasurer, or designee, to all Committee members and to
such other parties as requested.
Section 7 Resicmation
A. Any member may resign =rcam aii ~~~~~° -.._
responsibilities hereunder by giving at least seven (7) days prior
written notice sent to the Chair. Such notice shall state the date
said resignation shall take effect and such resignation shall take
effect on such date. •
B. Sn the event any• member shall resign as the
representative of a participating group such participating group
~'xhibit A page l0 of 35
•
sha?.l appoint a new representative as expeditiously as possible.
C. Any member, upon leaving office, shall forthwith
turn over and deliver to the Chair or vice-chair any and all
records, books, documents, or other property in his or her
possession or under his or her control which belongs to the
Executive Committee and/or relates to this Agreement.
Section 8. Liability
No member of the Executive Committee shall be liable for any
action taken pursuant to this Agreement in good faith, or for any ,
omission, except gross negligence, or for any act of omission or
commission by any other member of the Committee. -_
Section 9. Meetings
A:' The Executive Committee shall convene at a meeting called
by either a majority of the members or a't the request of the Chair.
Meetings shall be conducted at such locations as may be acceptable
to the majority of the Committee.. The Chair shall set forth the
date, time, location and purpose of each meeting and notice
thereof, unless otherwise waived, shall be furnished to each member
by .the Secretary-Treasurer, or his or her designee, not less than
seven (7) days prior.to the date of such meeting. The Chair may
direct the Secretary-Treasurer to send the prerequisite notice for
any meeting of the Committee otherwise called in accordance with
the provisions hereof.
S. Duri:.g October 1993, the duly appointed members of the
• Committee shall hold an organizational meeting to elect officers
and perform such other -duties as shall be provided under this
;' .
- Exhibit A Page I1 of 35 _
•
Agreement.
ARTICLE DZ. INTERLOCAL PLAN AMENDHENT REVIEW COHHITTEE
A. Participant local governments employing 'full-time
planning directors or other similar position are required to
appoint that person as a member of the Interlocal.Plaa•Amendment
Review Committee.
i
B. The functions of this Committee are as follows:
(1) To provide participants, on a rotating basis, fora
Fact-finding'Panel.
(2) To provide participants, on a rotating basis-,--for a
Conflict Resolution Panel.
..(3) To call for technical assistance from 'service- - -
providers and other agencies which participate in
this coordination activity. _ •
(4) To meet, at least quarterly, for the purposes of
administration, consideration of referrals, reports
of subcommittees, general coordination and
consultation, and the forwarding of reports of
actions to the participants.
C. The Committee shall establish its own organization and
rules of procedure consistent with the provisions of this
Agreement.
ARTICLE VII. CLEARINGHOIISE ~ ~•_
A. The Clearinghouse shall•be a~~particfpant public•agency~.•~
8. The Clearinghouse shall'be responsible for:
1. The establishment of an account into which the
Exhibit A Page 12 of 35
•
participation fees required herein shall be
deposited.
2. The deposit and disbursement of futtds in accordance
with generally accepted accounting standards.
3. Securing and storing all adopted local government
comprehensive'plans, and all amendments thereto.
a. Coordinating the Comprehensive Plan Amendment
Coordinated Review Process, as specified in Article
VIII, Section 3.
ARTICLE VIII. COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEA
PROCESS
Section 1 Local Gov~rrnment Specific Obligations ~~
A.~ All participant local governments are obligated to do the
following: '
(1) Inform the Clearinghouse of :the notice of plan
amendments proposed by other participants that it desires to
receive.
(2) Designate to the Clearinghouse the position or
individual who can file a written notice of intent to object and a
formal objection. '
(3p Inform the Clearinghouse whether a formal governing
body action is required prior to filing a written objection.
(4) Provide the Clearinghouse with'a full copy of the
local government's adopted Comprehensive Plan within thirty..(30)
• days of the effective date oP this Agreement. ~ If a~ local
government becomes a participant after October 1, 1993, the
r
Exhibit A page l3 of 35
•
participant shall provide the Clearinghouse with a full copy of its
adopted Comprehensive Plan within thirty (30) day$ of the effective
date of the Participation Agreement.
g. Flhen processing a proposed plan amendment to its own
Comprehensive Plan, the local government shall do the following:
(i) submit all proposed plan amendment documents
!.
required by Section 3 A. to the Clearinghouse at
least thirty (30) days prior to the local
government's transmittal hearing.
(2) Meet with any objectors at least one time prior to
the transmittal hearing on the proposed plan -
- amendment. ~ ~_ '_
(3) Participate in fact-finding as described in Section
3 . _.
(a) Include in the proposed plan amendment transmittal
to the Department of Community Affairs, or within
five (5) days of receipt if received after
transmittal, all written notices of intent to
object and written objections received pursuant to
Section S, the status of that objection, a fact-
findinq report prepared pursuant to Section 3, and
any report ,from a GOI1L 11cL iCG.lYlu~.ivu cca..ca
prepared pursuant to Section s.
(5) Consider participating in any Conflict Resolution •
Panel requested by an objector. The local
government initiating the proposed plan amendment
Exhibit A Page 14 of 35
is under no- obligation to participate in the
Conflict Resolution Panel process.
(6) For all proposed plan amendments, provide the
Clearinghouse with a copy of the full proposed plan
amendment; all background materials, including the
supporting data and analysis; the objections,
recommendation and comments report prepared by the
Department of Community Affairs for the amendment ~'.
upon its receipt; the response to the objection, .
recommendation and comment report prepared by the
local government; and, if adopted, the amendment to
the local government's comprehensive plan; the
notice of intent issued by the Department of
Community Affairs; and arty f final orders or
compliance agreements dealing with the amendment. '-
(7) When it becomes available, provide the .Clearing-
house with a revised copy of the local goverruaent's
Comprehensive Plan including all amendments.
C. If the local government desires to object to another
local government's :proposed plan amendment, the objecting local
government shall do the following:
.(1) Submit a written notice of. intent to object to the
Clearinghouse and the local government initiating
the proposed plan amendment pursuant to Section 3.
• (2) Meet with the local government transmitting" the
proposed plan amendment at least one time prior to
- Exhibit A 'Page 15 of 35 _
•
that local government's transmittal hearing.
(3) File a written objection with the Clearinghouse
pursuant to Section 3.
(4) Participate in fact-finding as described in Section
3 if the localcxovernment files a written objection.
(5) Consider participating in any Conflict Resolution .:
i,
Panel requested by the initiating local government
or other objector. An objector. is under no
obligation 'to participate in the Conflict
Resolution Panel process. --""
(°6] If the objection is to be withdrawn, file a'~iritten
' ~ notice withdrawing - the objection with the• ..
Clearinghouse and the local government proposing
the plan amendment.
Section 2 All Other Pa -`-'manta Specific Ob~iaations
All participants who. are not local governments must comply
with the requirements of Article VIII', Section 1 A. (1), (2), and
(3). Anon-local government desiring to object to a proposed Plan
amendment has the same .obligations as an objecting local government
detailed in Article VIII, Section 1 C.
Section 3 Plan A ~ * uoview Process
A.- A plan amendment is prepared pursuant to policies and "
procedures•oF the~initiatinq locaL•governmes;t. At least thirty
(30) days prior to the••~governing •body!s .•transmittal hearing, an
Executive Summary along with a copy of. the proposed plan amendment
and supporting material, and the date,. time, and place of the
Exhibit A pa8e 16 of 3.5 _' _-
• ransmittal hearing, shall he furnished to the Clearinghouse.
g. Within five (5) days, the Clearinghouse shall distribute
the Executive Summary and hearing information to the participants
in the Agreement who have requested copies of the initiating local
government's amendments. ..
C. A written notice of .intent to object may be filed by any
participant.
(1) A written notice .of intent to object must be filed .~
no later than fifteen (15)• days before the transmittal hearing.
(2j If a proposed. plan amendment is substantially
modified between the submittal to the Clearinghouse _and the
transmittal of the amendment, a written notice of intent £o object
may be piled within ten (10) days of transmittal.
D. The Clearinghouse shall imicediately notify the initiating-
local government of all written notices of intent to object --
received by the Clearinghouse.
E. The initiating local government shall meet with all
objectors prior to the transmittal hearing unless the written
notice of intent to object was filed pursuant to Section 3•C.(2)
above. In that instance, the parties shall meet within fifteen
(15) days of the submittal of the written notice of intent to
object to the Clearinghouse.
F. No later than fifteen (15) days after transmittal of the ,:
proposed"plan amendment, a participant who filed a written notice
• of intent to object prior to transmittal may file a written
objection to the proposed plan amendment with the Clearinghouse.
Exhibit A Page 17 of 35
•
If a written notice of intent to object was filed after transmittal
pursuant to Section 3 C.(2) above, a written objection may be filed
by that participant no later than thirty (90) days after the filing
of the written notice of intent to object.
G. Upon receipt of a written objection;•~the•Clearinghouse
shall notify the initiating local government and the Interlocal ••
i•
Plan Amendment Review Committee of the written objection and
transmit a copy of the objection to the initiating local government
and the Interlocal Plan Amendment Review Committee. .
H. The Interlocal Plan Amendment Review Committea_shall
convene a Fact-finding Panel within ten (10) days of receipt-of the
written +objection. The Fact-finding Panel shall review the.
objection pursuant"to Article IX and shall issue its opinion letter
no later than twenty (20) days after the submittal of the written •
objection to the Clearinghouse. •
I. After the Fact-finding Panel issues its opinion letter,
any~party (the initiating local government and any participant
objector) to the fact-finding may request conflict resolution
pursuant to.Article X. The request shall be submitted in writing
to the Clearinghouse no later than ten (10) days after transmittal
of the Department of Community Affairs Objection, Recommendation
and Comments Report. The Clearinghouse shall immediately notify •
the other .parties of this request...Within ten (10) :days of receipt .
of notification• from the••C•learinghouse,• the. other parties .shall
notify the Clearinghouse of'their'decision on whether or not to •
agree to conflict resolution. If the initiating local government
- Exhibit A PaBe•'18 of 35 _
• nd any objector agree to conflict resolution, the Clearinghouse
shall notify the Interlocal Plan Amendment Review Committee, which
shall convene the appropriate Conflict Resolution Panel pursuant to
Article X.
cPr-r;on 4 Modification ~f TimerFrames
By majority vote of the entire membership of the Executive
Committee, the Executive Committee may modify the time-frames set '
forth for any activity as specified in Article VIII. !.
ARTICLE IX. FACT-PINDING PAPfEL .
A. The three person fact-finding panel shall consist of
members of the Interlocal Plan Amendment Review Committeg_ The
Chair shall be selected by the panel.
B. ~ The Clearinghouse shall provide the panel with .the
following information prior to the meeting:
(1) that portion of the Plan Amendment which is under --
consideration; and
(2) the written objection.
C. The Chair shall arrange for testimony and technical
assistance from participants as is appropriate.
D. At the meeti{~g, only the initiating local government, the
participant objector, property owner for a site specific plan
amendment, and any participant who has been requested to provide
technical assistance shall be allowed to present testimony. The
initiating local government shall present the item being objected
to, the reason for the proposed amendment, and its supporting data,
.analysis, and documentation. This presentation may be supplemented
Exhibit A Page l9 of 35
~ ..
by the affected property owner. The objecting party(ies) shall
make a presentation on the basis for its objection. Technical
assistance testimony as requested by the Chair may be presented at
any time. The panel may ask questions. The Chair shall close
discussion with the participants and thereafter confine<~discussion
to panel members.
•
E. The panel shall specifically identify each objection and ~,,
shall issue an opinion letter including,•but not limited to, the
following on each objection•which is filed: '
(1) The objection appears to be one of miscommunication
and.that it appears to be resolved_ _.
(2) There is insufficient data and analysis upon-which
to support either the amendment or the objection or - •
both. --_
(3) Sufficient data and analysis hztiS been provided and -
a conflict appears to exist. The conflict should
be resolved either:
(a) through the noxmal Department of Community
Affairs review process; or
(b) in~ a conflict resolution forum such as
provided in Article X, mediating services of
the Treasure Coast Regional Planning Council,
or other mediation forum. •
F. Within two (2) working days, the Chair shall fax an
opinion letter to the involved part$.es. If warranted, a minority •
opinion may be prepared by other members of the panel and provided
exhibit A Page 20 of 35 - ---
_.
• concurrently with the Chair's opinion letter.
ARTICLE X. CONFLICT RESOLIITION PANEL
A. The Conflict Resolution Panel shall consist of three
members when performing facilitation services or five members when
performing mediation services. The pane l.. shall be composed of
individuals who are members of the Interlocal Plan Amendment Review
Committee. The Chair shall be selected by the panel..
8. The Chair shall arrange for testimony and .technical
assistance from participants as is appropriate. Testimony shall be
provided only through participants who are parties to the objection
unless technical assistance testimony has been requested by the
Chair.
C.; Two types of service may be provided. These are:
(1) Facilitation -
a. A facilitation panel shall consist of three
members. When the facilitation panel convenes
to review the objection, it shall seek to have
the parties reach a mutually agreeable
posititon on the proposed amendment and the
objection to it.
b. The facilitation panel shall declare when its
work has been finished or an impasse has been
reached. At that time, the Chair shall write
a letter documenting the meetings which were
held, the evidence and testimony received,
• points of agreement, and points of
Exhibit A Page 21 of 35
.' .
•
disagreement. The letter shall be transmitted
to participating parties and the Department of
Community Affairs.
(2) Mediation
A mediation panel shall •consist of five
a.
members. In addition to functioning as a ~ •
facilitation panel, the mediation panel shall J;
provide a statement recommending a method of
resolving any remaining points of
disagreement. If there is not utlanimous
consent among panel members, a -minority
opinion may be issued. It shall accompany the
majority position.•
b. As with the facilitation panel, the Chair __•
shall write a letter documenting the meetings •'
- which were held, the evidence and testimony
received, points of agreement, points of
disagreement, and recommendation. The letter
and any minority opinion shall be transmitted
to participating partie"s and the Department of
Community Affairs.
ARTICLE Z2. HISCELLA2iE0IIS
t
'
y
eQat;On Of Du
_c_ ti nn 7 Del
Nothing contained herein shall be deemed to authorize the
delegation of the constitutional or statutory duties of the state, •
county, or city officers.
Exhibit A Page 22 of 35
n
LJ
Section 2. Filincx -
A copy of this Agreement shall be filed with the Clerk of the
Circuit Court in and for Palm Beach County.
,g, tion 3 Limited Liabi.litY
No participant shall in any manner be obligated to pay any
debts, obligations or liabilities arising as a result of any
actions of the Executive Committee.-The Executive Committee members
have no authority or power to obligate the participants in any ,,
manner.
Section 4. Amendments
This Agreement may be amended in writing at any time by the
concurrence of a two-thirds vote of the entire membership of the
Executive Committee and subsequent ratification by all of -the
participants in this Agreement and any Participation Agreement. -
sP^-ti on 5 Controh+nc Law --.
This Agreement shall be construed by and governed by the laws
of the State of Florida.
S,~rt~on 6 Effective Date/Term
This Agreement shall be effective on October 1, 1993, and
shall. continue in full force and effect unless all the participants
withdraw in accordance with Section 7.
section 7. Withdrawal
Any participant may withdraw as a party to this Agreement
after October 1, 1994, upon sixty (6Q) days written notice to the
• Chair of the Executive Committee. Any participation fees paid will
not be returned and the participant will cease activities:in the
Exhibit A Page 23 of 35 - --
program outlined in this Agreement. Suspension of participation in
this Agreement will occur upon the nonpayment of the fee prescribed
herein or for the nonperformance of any of the terms and conditions
of this Agreement by any participant. The suspension will be
effective thirty (30) days after date- of notice--from the
clearinghouse that noncompliance has occurred. Any participant
receiving such notice shall have an opportunity to .cure its
noncompliance in a reasonable time. Upon compliance, the
participant shall be notified by the Clearinghouse of• its -
reinstatement as a participant. =--
TN WITNESS WHEREOF, this Agreement has been executed~'by the
participeants as of the date and year indicated above. •
-, • -. .
• • 'ATTEST:
• By:~ ~
' Ci y~Cl~Y
~
`L ;. ~ .:
' -ATTEST : • :.
•_ ity Cleric
ATTEST:
By:
• ~~•. -
i
CITY OF ATLANTIS '-•
.~ -
Clyde F. Farmer, Mayor
*BELLE CLADE
By: / iY -~ ~ - -
ill Bailey, Mayor
*NOthinq in this agreement will au rize the
delegation of is~tive authority.
CITY BO TO ii~~`~~ .
..
i
~! ~ ~
i~
- Exhibit A Page 24 of 35 ~ _
•
ATTEST:,{ R ~ ~.}' CITY OF BOYNTO BEACH
Sy : .y"itas'i-~u+~l /~~.tiL.L By : ~G~~~iGc~c
City Clerk .~ ) E. F. Harmening ayor
ATTEST: TOA1N OF BRINY BREEZES
• ~ L ~ ~ ~
BY ~ _sG~ By'
Town~Cl k~ „r gh David, Mayor
A EST: TOWN OF CLOUD LAKE
By: t.cc.) By: ~
Town Cle K Robert R. Reynolds, III,
Council Chairman __
ATTESTS
CITY OF DELRAY BEACH
G~ City Clerk Tho as E, ch, Mayor
ATTEST:
Village C~ erk
VILLAGE OF GOLF
Dona d H. Gustafson, Mayor
ATTEST: ~ CITY OF GRE^EN~AC~R,ES
By: By: ;%%~~~---
ity Clerk mu errerx, Mayor
~~. •
Exhibit A Page 25 of 35
•
ATTEST:
By: ~ /~
' Town Cle
ATTEST:
ATTEST: j~
Town Clerk
ATTEST:
.By: ~ g-
Town Clerk
• ''•.
'ATTEST:
By: ~ ~
Tocdn Cler
ATTEST:
By:
Town Clerk
TOWN OF GULF STREAM.
lW3 am Koch, Jr., Mayor
TOWN OF HIGHLAND BEACH
8y: G ~r-~~i-
Arf n Voress, Mayor
TOWN OF HYPOLUXO =_ .
j, 1
Al Merlon, Mayor
TOWN OF JUNO BEACH
gy;~ ~ ~rn~.r.o
Frank W. Harr~.s, Mayor
TOWN OF JUPITER
Q ~~_
By:
Karen Golo ka, yor
TOFfiN OF JUPITER INLET COIANY
By: CHOSE NOT 20 PARTICIPATE AT TBI,S T33~
Ns.cholas F. Porto, Mayor
Exhibit A page 26 of 35
i
•
• ATTEST: TOWN OF LAKE CLARKS SHORES
ToWn,Cl$rk Gregor asey, Mayor
;'':; `:: t ~ ~'
ATTEST: CITY OF LAKE WORTH
i- (SEAL)
.. ~~ 1
. i _L ':
By: BY:
bara A. Fo ~s e, do mano, .Mayor •. -ti.
C (y Cleprkp ....
DATE: 7 •~/. /~ '. .' ,
ATTEST:
t'
:RY;~1~.Yi.~iJ Y.J~.P~1 •
- •Town• Clerk
- .!
~- ~.
c•
~ .
TOWN OF T-A(iA _
By:.
Rober McDona d, Mayor
AT-TEST: TOWN OF MANALAPAN
• _ J
Charles H. Helm, ! G. Kent Shortz, M.D., Mayor
Town Clerk
•:~
ATTEST: TOWN OF GONIA PARK
Town Clerk ~ ~ G e M. Eng is t•Jayor
ATTEST:
k/
• Town Clerk
TO OCEAN R GE ~
By:
Daniel J.'' 'Connell, yor
Exhibit A Page 27 of 35
•
ATTEST: CITY OF PAHOKEE
8 .. ~G-~~e~7'~ T
City Clerk Ramon Horta, Jr., Mayor
ATTEST: TOWN ~O~F PALM BEACH /. 1
// l ~~~
To Cer M.rW 1amWenu ,
Town Council, Pre~dent
DATE:
ATTEST: PALM BEACH COUNTY BOARD OF`~OUNTY
. COMMISSIONERS -
DOROTHY H. WILXEN, Clerk
- -
~~ ~ clerk Maryt.McCz~ty, Chair _ •
APPROVED AS TO FORM
AND LEG BUFF C ENCY
BY=
County tto ney
R 93 8 0 2 ; ~ _ o~~~~~~;~;~y,
~„ CW -r
%O: Cvv'vT~;
• : o.
,.. _ .
ATTEST: •''~/ CITY OF PALM EACCH/~' -ENS .
qty Clerk .'• '• R. Russo, Mayor
' ~ STATE OF FLORIDA. COUh?Y OF PALM.SEACH •
!. ~:sR~T! :Y ii. WIUCEP2. ex-olfiwto Gls:k o! t:s>
`^C.: r,'=' O! wL'?::}' C'Jf.T7:1i55!: I:~fa' C0.7.i~ ISf 1 i ~ 2 L
~~N
_~ wl..ni.4r.•s!Y:r1Y•iii.`T_J'1^.L^.L!a~~~~irJi:iC~
TiLUI•! 11. ~= riq [~ 71_1._ I.'.~.`Cii.l ~_.. _.-
•' Exhibit A
~:. ~ 7;t :~•'
o•-: •- _ _ _ Pane 28 of 35
- .. •
•
ATTEST:
,r
By: ~ ~cs•»t~n~ %. fir!
, 11 K+%•
Town Clerk.
- TOWN fOF PALM BEACnH~SHOREST
Thomas Chilcote, Mayor
EXECUTED on •.l~.ol•.J: /~y_i _ by authority of the Village Couttcil
as provided"in~Resoltftion R93~19.
••• ATTEST: VILLAGE COUNCIL OF THE VILLAGE OF
~, / / PALM SPRI
• - Irene L. Burrou~kfs, ~ Richard H. Jette`, /Mayor
village Clerk ~ {~ ;
(SEAL)
ATT
'•By:
CITY O RIVIERA BEACH
j
i
Clara K. W1 Hams
Mayor, City of Riviera Beach
ATT VILLAGE OF ROYAL PALM BEACH
~~% n
By: Sy:
lag Clerk Tony as tti, Mayor
ATTEST:
CITY OF SOUTH BAY
City Clerk ~.
. By:
•
r-
~•
Exhibit A Page 29 of 35
..
ATTEST:
By: ~ ~•
Tow Jerk
ATTEST:
D'~"oc.-n Clerk
.~-
;.` ,
-. ATTEST~•
~;...
:.ti By ` .
.. •.A~ayh t
._ .City Cleric
. t
TOWN OF SOUTK PALM BEACK
8 /
Mar .Roberts, Mayor
VILLAGE./On/F TEQUESTA.
By: ~[ `~ `7'f ~ct~lao~~
Ro-lt T'. Macka , May r
CITY OF T PALM BEACH
By. -- -
Nancy/M.-Graham, Mayor.
(INTENTIONALLY LEFT BLANK)
•
r,
Exhibit A Page 30 of 35
•
ATTEST:. BOCA BATON AIRPORT AUTHORITY
~ew~ W. Blank, Chairman
ATTEST:
By: _
William G nters,
Secretar
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
My j.
~~ , t rney for
D"ake W th D inage District
ATT ~
R Dent,
Executive Director
ATTESTS C~// /•
BY : /'1-- ~i ;mot !-~
Ga M. Englz ,~
General Manag r
LAKE WORTH DRAINAGE STRICT
By:
John I. Whitworth, IIZ,
President
i
LOXAHATCHEE RIVER ENVIRONMENTAL
CONTROL DISTRICT
By:
George G. Gentile, Chairman
SOUTH INDIAN WATER CONTROL DISTRICT
Sy:
~T mas H. Prowell, President
Or: ~ ; ~ C~~~~%,.~n 4
vice-President
\g engovt\dmd\cuggtzt.mep
Exhibit A Page 31 of 35
ATTEST: NORTfiERN PALM BEACH C
~yA OL DISTRI
r
By: By:
Pctc Pimentd, Disuia Sccretary William Kerslake, President .
APPROVED AS TO FORM
AND AL S CZ'
By.
Kcn Edwards, Legal Counsel
ATTEST:
By: ~ (.,,. ~. ~~ .
Monica Uhlhorn, Supcrirtttndcar
r~: ._.
`;
- ; - .• i
;;' .. .
,~ :.
~: .
''= '' a
SCHOOL BOARD OF PALM BEACH'• .. ' ~
COIJNIY ~ . _ _ _ ~ .... .
By. ~
l Bjork, tman ..
• (INTENTIONALLY LEFT BLANK)
•
Exhibit A Eage 32 of 35
.., .. `
•
ATTEST: LOXAI-!AT'CHEE GROVES WATER
COMTtOL DISTRICT
~__ ~~'
By: ~ By:~ ~ G~~ ~o C
William H. Thrasher, Distn t Director Merodi Fox, Chaimuin of the Board of
Supervisors
(INTENTIONALLY LEFT BLANK)
•
FSchibit A .page 33 of 35
,., _.
PARTICIPATION AGREENENT
THIS AGREEMENT dated this day of
1993, entered into by and among
•
a
(local goversvoent or service provider)
hereinafter "New Participant", and the various parties executing
the Znterlocal Agreement dated October 1, 1993, hereinafter "Master
Agreement"; i,
W I T N E S' 6 E T H:
AHEREAS, an intergovernmental coordination program for -
reviewing proposed changes to adopted comprehensive plans which '
fully utilizes the existing Chapter 163 comprehensive Fr>ianning
process with minimal bureaucracy and expense for local goverlugents
and service providers has been established as evidenced by that _
certain Interlocal Agreement dated October 1, 1993; and __
WHEREAS, _ desires to become a -~
participant under said agreement; and
WHEREAS, pursuant to Article IV, Section 1 of the Master
Agreement, participation is 8uthorized upon the execution of this
unilateral Participation Agreement.
NOW, THEREFORE, ill consideration of the mutual covenants
contained herein, it is agreed and understood by ,and among the
undersigned New Participant and the participants in the Master
Agreement as follows:
1. IIpon execution of this Agreement and upon p$yment of the
annual participation fee prescribed in Article IV, Section 2 of the •
Master Agreement, New Participant will become a.participant in the
Exhibit A
EXHIBIT Page 34 of 35 _~ _-- -
aster Agreement recorded in the Official Records at Book No.
Page
2. The New Participant shall enjoy all the privileges of,
and shall be bound by all the terms and conditions of, the Master
Agreement_
3. The participants in the Master Agreement agree to the
inclusion of New Participant in accordance with Article IV, Section
1 of the Master Agreement as it is acknowledged that the inclusion
of an additional participant furthers the intent and spirit of the
Master Agreement and the ultimate goal of providing planning
coordination among all local governments and service providers. -
4. A copy of this Participation Agreement shall be filed
with the Clerk of the Court in and for Palm Seach County ahd with
the Clearinghouse_
5. This Participation Agreement shall be effective upon
execution and filing pursuant to Paragraph 4 and shall continue in
furl force and effect unless New Member withdraws pursuant to
Article XI, Section 7 of the Master Agreement.
IN WITNESS WHEREOF, xhis Agreement has•'been executed by
as of the date and ,year indicated below.
By:
Its• .
t am Date•
•\3engov \ d\pnrticip. ngt `.t....~`~ v i~T E t l .. /R, ~.JUI~: , r R! A: t+~ti:'''.
=pF CGUryra, DO ~O~H':' H. WiLKSN. er.-of??w., :::.;?; s? t`s
}'~ :. t~:t;: f•:,r~:ssior.:ts:.a:.iSy :`,~'s i~ :-. -
sue; COUNTY, ~`~~,~~-na:~/•:ss:?z!:::&:~ ,~: r/1~~ ~ ~ ~~
•.. i~.' ___.~~ _ 'n.,l.t l.tr~ a "-`n.: I_'~~t'~
r
EXHIBIT B
• Implementing Ordinance Elements
SCHOOL CONCURRENCY ORDINANCE
BASIC FRAMEWORK
See Interlocal Agreement
A. Applicability (required concurrency determination)
1. Applies to:
a. All new residential development orders
b. Amendment to existing development orders which increase the number of
residential units
2. Does not apply to:
a. Project with no impact on school attendance, i.e. non-residential or elderly
restricted housing, or single family platted tots
B. Establish Level of Service Standard and Application of Standard
1. Level of Service standazds 110% and 120%
a. How measured
b. Test for Level of Service
2. Concurrency Service areas (CSAs)
a. Application of CSA
b. Amendment of CSA
Assured construction -definition (budgeted, adopted, and scheduled school
construction)
Standazds for mitigation
Procedures for residential development phasing to assured school construction or
mitigation
C. Procedure for Reviewing Development Applications
I . Documents which must be submitted for review
2. The point in the process at which evaluation must occur. Generally, before any
development order is issued.
3. Transmittal to School District (process, time frames)
4. Evaluation and comments of School District (time frame)
5. Incorporation of conditions of approval into development order
6. Appeals of School District decisions
D. Procedure for School District Review
1. Transmittal to School District for review
• 2. Time frames for review and comment
3. Effect of comments
H:\DATA\W P51\DOC\CONCRNCYISECTIOMINTERLOC~EXH6
•
EXHIBIT C
PARTICIPATION AGREEMENT
THIS AGREEMENT dated this day of ,entered into by and
a municipal government, hereinafter "New
Participant", and the various panics executing the Public School Concutrcacy Interlotxil Agreement
among the
datcd , fieieihafter "School Concurrency Agreement";
~~'ITNESSETH:
WHEREAS, a public school concurrency program has been established as evidenced by that
certain Interlocal Agreement dated
WHEREAS,
agreement; and
desires to become a pamcipant under said '
WHEREAS, pursuant to Article XII, Section C of the School Concurrency Agreement,
•
participation is authorized upon the execution of this unilateral Participation Agreement
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed
and understood by and among the undersigned New Participant and the participants in theiSchool
Concurrcncy Agreement as follows:
l . iJpon execution of this Agroement, New Participant will become a participant in the
School Concurrcncy Agreement.
2: The New ptuticipantshall enjoy all the privileges o~ and shall be bound by all the
terms and conditions of, the School Concturency Agreement. The New Participant
shall adopt the required comprehensive plan amendments p~~m~A~t to Article II,
Section B as soon as possible after execution of this Participation AgreemcnL
~. Thc participants in the School Coneurtcticy Agreement agree to the inclusion of New
Participant in accordance with Article XII, Section 8 of the School Concusency
' Agreement as it is acknowledged that the inclusion of an additional participant
furthers the intent and spirit of the School Concurrency Agreement.
~. A copy of this Participation'Agrcement shall be filed with the Clerk of the Court in
and for Palm Beach County and with the Tecfinical Advisory Committee established
I
and
by Article VI, Section A of the School Concurcency Ag-cement. •
S. This Participation Agreement shall be effective upon execution and filing pursuant
- to Paragraph 4 and shall continue in full force and effect unless New Member
withdraws pursuant to Article 3~, Sectioa 8 of the School Concurrcncy Agreement
or the School Concurrency~Agreetttwt is otherwise terminated.
1N WTINESS WHEREOF, this Agreement has been executed by
, as of the date and year indicated .
below.
Br• _
Its•
Date:
~
Student Generation Multiplier Table
TOTAL PUBLIC PUBLIC PUBLIC PUBLIC
SAMPLE SCHOOL SCHOOL SCHOOL SCHOOL
SIZE FC-12 Y.-5 6-B 9-L'2
ALL HOUSE TYPES
1 BEDR 70 0..04 O_04 0.00 O.OU
_.. 2 BEDR' 252 ~ 0.12 O.OS 0.02 0.01
3 BEDR ~ 245 O_50 O_l5 O. L2 0.22
3+ BEDR 76 O.b9 0:38 0.15 ~ U. 15
SItJG. FAMILY DETACHED At4D ATTACHED
2 OR LESS 123 O_19 0.14 O_03 0.00
3 BEDR 217 O. SS 0.17 0.12 U_23
3a - HEDR 70 O, ~'2 0.40 O_ 17 O_ 15
LOIJ F2ISE MULTI. FAMILY C'Z S~-or ~ CS~
1 BEDR 26 0.00 O_00 O_00 O.OU
2 BEDR 97 0.10 O_06 0.03 O.OL
" 3 BEDR 16 0.36 O_OS 0.16' 0.16
3+ BEDR 3 0.66 O_33 0.00 O_;3
MID RISE MULTI. FAMILY (,3 S~-pC' ~e~~
1 SEDR ~ 13 O_00 0.00 0.00 0.00
2 BEDR 23 0.00 0.00 O_00 O_00
S BEDR ~ 1 O_00 0.00 O_00 0.00
3+ BEDR O O.Ob O_00 0.00 O.00
HIGH RISE MULTI. FAMILY C4 p\us S~ortC S~
1 BEDR 8 O_00 0.00 O_•00 0.00
2 BEDR 19 O_LO O_00 0.00 O.1U
3 BEDR b 0.00 0.00 O_00 O.00
3+ BEDR ? G.OO 0.00 0.00 0.00
MOBI LE HOME
1 BEDR 1 U.UO 0.00 0.00 0.00
2 BEDR LO 0.06 0.00 O.04 0
00
3 BEDR 3 O_00 0.00 0.00 .
U.OU
3+ BEDR 1 U_00 0.00 •G_U~i n.pq
~R ~N1~ W NCO~O~i t7^~M~M<fn0~ W N~~
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