§ 33G-8. Development agreements.  


Latest version.
  • (1)

    Pursuant to the Florida Local Government Development Agreement Act (Sections 163.3220—163.3243, Florida Statutes) the Board of County Commissioners (Board) has the authority by resolution to enter into a development agreement with any person having a legal or equitable interest in real property located within its jurisdiction for the purpose of providing and reserving public facility capacity. After issuance of affirmative concurrency findings pursuant to Section 33G-5, said development agreements may authorize issuance of building permits for a period not to exceed 20 years if the conditions listed below are met. The development agreement may be extended by an additional 10 years with consent of the Board through a public hearing in accordance with Section 33-310.3.

    (a)

    The proposed development meets or exceeds the development thresholds requiring review by the Developmental Impact Committee (DIC), as established in Section 33-303.1 of this Code; and

    (b)

    The proposed development and development agreement shall conform with all applicable requirements of the CDMP and Section 33G-5; and

    (c)

    The development agreement is limited to the specific land uses and densities and intensities of use for which affirmative concurrency findings have been issued pursuant to Section 33G-5; and

    (d)

    The development agreement shall provide for the application of all subsequent laws and policies governing land development except that said laws and policies shall not preclude the development of the land uses, intensities, or densities as provided for in the development agreement; and

    (e)

    The development agreement shall include a schedule of required construction progress, the violation of which may result in the invalidation of the development agreement.

    (2)

    Adoption of a development agreement shall follow the procedures set forth in section 33-310.3 of this Code. The Director shall review and make recommendations on all proposed development agreements.

    (3)

    Procedures to administer this section may be promulgated by the Director, and a review fee shall be established by implementing order approved by the Board of County Commissioners.

(Ord. No. 91-24, § 1, 2-19-91; Ord. No. 91-60, § 1, 5-21-91; Ord. No. 92-47, § 1, 6-2-92; Ord. No. 94-80, § 1, 5-5-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 27, 9-3-98; Ord. No. 17-43, § 8, 7-6-17)

Editor's note

Ord. No. 17-3, § 8, adopted July 6, 2017, changed the title of § 33G-8 as herein set out. The former title of § 33G-8 was "Section 163 Development Agreement".