Section 3 A Development Agreement Requirements

SECTION 3 SPECIAL PROJECTS AND DEVELOPMENTS

A. Development Agreement Requirements

Consistent with the City’s Comprehensive plan and to ensure that all developments which increase the demand for public facilities in the City will be served in accordance with the levels of service which are established in the capital improvements element of the comprehensive plan and the City’s Municipal Mobility Plan, a Development Agreement may be required by the City for an authorized development.

Such Development Agreement shall mean any agreement, covenant or declaration of restrictions conforming to the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243 of the Florida Statutes, accepted or entered into by the City.

The specific requirements of the Development Agreement by the City may be addressed as part of the Design Review or Historic Preservation Board recorded Final Order for the Development and/or as a result of the preliminary plan reviews or the approved mitigation plan as described in Section 122-8(d) of the City Code for the proposed development.

The Development Agreement shall be a legal document prepared by the developer, reviewed by the City’s Planning, Building, Public Works, Parks, Parking and Fire Departments and approved by the City Attorney’s office.

Depending on the impact to the public facilities, the Development Agreement may be approved administratively by the City Manager or his designee or by the City Commission.

Within 14 days of executing the development agreement, it shall be recorded with the clerk of the Miami-Dade county circuit court. A copy of the recorded development agreement shall be submitted to the State Land Planning agency within 14 days after the agreement is recorded. A development agreement shall not be effective until it is properly recorded in the public records of the County and until 30 days after having been received by the State Land Planning agency. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

Requirements of the development agreement:

The development agreement shall include, but not limited to the following:

(a)  A legal description of the land subject to the agreement, and the names of its legal and equitable owners;

(b)  The duration of the agreement;

(c)  The development uses permitted and planned, including population/unit densities, intended uses with a breakdown of areas for the different uses;

(d)  A description of public facilities with a description of the required improvements  that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development;

(e) The funding or contribution towards such funds by the developer for the construction of the facilities;

(f)  A description of any reservation or dedication of land for public purposes or easements;

(g)  A description of all local development permits approved or needed to be approved for the development of the land (such as environmental, DEP, FDOT etc.);

(h)  A finding that the development permitted or proposed is consistent with the local government’s comprehensive plan and land development regulations and/or a description of the required improvements by such development  to meet this plan ;

(i)  A description of the conditions, terms, restrictions, or other requirements determined by the City to be in the welfare of the public (such as street end improvements, etc.); and

(j)  A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction.

(k) A schedule or phases of the development in stages so that the public facilities and services needed for each stage or phase will be available in accordance with the City’s criteria.