Rogers Towers: Mobility Fee Waiver Legislation

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            The Jacksonville City Council has approved Ordinance 2011-617-E, waiving application of the Mobility Fee Ordinance recently adopted by the City. The Mobility Fee is designed to replace proportionate fair share transportation concurrency mitigation with a uniform and predictable mechanism for funding transportation infrastructure and alternative modes of mobility. (See our Oct. 4 Client Alert for more details about the Mobility Fee.)  Ordinance 2011-617-E (the “Waiver Ordinance”) would waive collection of a Mobility Fee for residential and nonresidential development, on the following terms and conditions:

  1. The prospective development must apply for and receive a Mobility Fee Calculation Certificate within 12 months of the effective date of the Waiver Ordinance. The Mobility Fee Calculation Certificate identifies the Mobility Fee that would otherwise be due for the project.
     
  2. A building permit for the prospective development must be obtained within 6 months of the issuance of the Mobility Fee Calculation Certificate.
     
  3. For projects that exceed $1,000,000 in value, construction must be completed no later than 36 months after the effective date of the Ordinance. Failure to meet the deadline shall require immediate payment of the Mobility Fee set forth in the Mobility Fee Calculation Certificate.
     
  4. For projects that have a value of $1,000,000 or less, construction must be complete within 12 months after the approval of the final construction and/or engineering plans or building permits. Failure to meet the deadline shall require immediate payment of the Mobility Fee set forth in the Mobility Fee Calculation Certificate.
     
  5. Developments that complete construction within the specified deadlines shall not be required to pay a Mobility Fee. 

            An amendment to the City of Jacksonville 2030 Comprehensive Plan has been introduced to authorize the Waiver Ordinance. The plan amendment process is anticipated to be complete by the end of 2011, although prospective developments may proceed “at risk” in the interim by executing an acknowledgement that the waiver may be subject to administrative and/or court challenges or proceedings, and that upon the occurrence of such a challenge, the applicant shall be required to pay the full amount of the Mobility Fee. The acknowledgement also contains a hold harmless and indemnification provision in favor of the City arising out of any such challenges.

            For more information, contact Wyman Duggan at 398-3911 or wduggan@rtlaw.com.

 

Published In: Administrative Agency Updates, Construction Updates, Transportation Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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