Rogers Towers: Jacksonville City Council adopts Mobility Fee; Waiver legislation is introduced

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[author: T.R. Hainline, Jr. ]

On September 13, the Jacksonville City Council adopted Ordinance 2011-536, eliminating the “fair share” system of traffic impact payments and replacing it with a mobility fee. On August 15, we sent a client alert summarizing the legislation. Click here for the City's link to the bill, which included minor amendments.

Also, on September 13, a bill was introduced to the Jacksonville City Council (Ordinance 2011-617) providing for a one year “waiver” of mobility fees. Click here to see the City's bill.

This bill is essentially a revised version of legislation introduced earlier this year (but later withdrawn) which (at that time) waived the then-applicable fair share payment requirements. The new bill reflects a desire to “incentivize” development by waiving any applicable fees for a period of time. The bill currently is limited to single family development and provides for a one-year waiver, although it appears to allow construction within three years under permits for which fees are waived. It is unclear whether other types of development will be included. It is also unclear whether an amendment to the Comprehensive Plan will be required for the waiver to take effect. We will keep you advised of its progress.