Jacksonville Ordinance Code § 655.101 Short title.
Sec. 655.101. - Short title.
This Chapter shall be known and may be cited as the Concurrency and Mobility Management System.
(Ord. 90-1251-571, § 1; Ord. 2011-536-E, § 1)
GENERAL PROVISIONS
Jacksonville Ordinance Code tit. XVII, ch. 655, pt. 1
in effectJacksonville Ordinance Code § 655.102 Purpose and declaration of public policy.
Sec. 655.102. - Purpose and declaration of public policy.
The purpose of this Chapter is to ensure the availability of public facilities, except Motorized and Non-motorized public transportation facilities, and the adequacy of those facilities at adopted levels of service concurrent with the impacts of development; and to provide Motorized and Non-motorized public transportation facilities at the adopted performance measures and consistent with the Mobility System as established in the Comprehensive Plan. This purpose is implemented by means of a Concurrency and Mobility Management System (CMMS) which measures the potential impact of a proposed development on the adopted minimum levels of service for all public facilities, except Motorized and Non-motorized public transportation facilities, and manages the collection of Mobility fees pertaining to Motorized and Non-motorized public transportation facilities consistent with the Mobility System, as established in the Comprehensive Plan, when an application for a final development order or final development permit is submitted. The CMMS shall ensure that the adopted level of service standards and performance measures shall not be degraded by the issuance of a final development order or final development permit.
The Council declares as a matter of public policy that the concurrency requirements of the Community Planning Act, F.S. Ch. 163, Pt. II, are a public necessity and are important in the protection and enhancement of the quality of life in the City of Jacksonville, as well as Duval County and the State of Florida.
The Council further declares that in order to adequately and efficiently address the City's mobility needs the City has replaced transportation concurrency with the Mobility System and hereby implements the adopted performance measures for Motorized and Non-motorized public transportation facilities of the Mobility System through the regulations set forth in this Chapter.
(Ord. 90-1251-571, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.103 Legislative findings and intent.
Sec. 655.103. - Legislative findings and intent.
The Council finds and determines that:
(a) The requirements and standards of this ordinance are necessary for the health, safety and welfare of the citizens of the City of Jacksonville and the protection of the environment and natural resources of the City of Jacksonville.
(b) It is the intent of the Council to implement the goals, objectives, and policies adopted in the Comprehensive Plan.
(c) It is the intent of the Council that necessary public facilities and services, except Motorized and Non-motorized public transportation facilities, be available concurrent with the impacts of development and that Motorized and Non-motorized public transportation facilities are provided at the adopted performance measures and in a manner consistent with the Mobility System.
(d) It is the intent of the Council that final development orders and permits are issued in a manner that does not result in a reduction of any levels of service below the adopted level of service standards or reduction below any adopted performance measures in the Comprehensive Plan.
(e) It is the intent of the Council to adhere to and implement the Schedule of Capital Improvements in the Comprehensive Plan and other capital improvements as necessary to maintain the adopted level of service standards and performance measures in the Comprehensive Plan.
(f) It is the intent of the Council to adopt a reasonable concurrency and mobility management system in furtherance of the public benefit while at the same time ensuring that all property owners have a reasonable, beneficial, and economic use of their property and that no property is taken without just compensation.
(g) Not all development or development activity impacts are significant enough to cause the deterioration of the levels of service or performance measures adopted in the Comprehensive Plan. It is therefore found that certain developments are either deemed a de minimis impact or are exempt as not causing an unacceptable degradation of levels of service or performance standard and is consistent with the goals, objectives and policies of the Comprehensive Plan.
(Ord. 90-1251-571, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.104 Jurisdiction and applicability.
Sec. 655.104. - Jurisdiction and applicability.
The regulations set forth in this Chapter shall apply to all lands within the City, except within the Second, Third, Fourth and Fifth Urban Services District. No development order or development permit shall be issued unless in accordance with the provisions of this Chapter. In order to develop land, the requirements of this Chapter shall be met and the procedures set forth herein shall be followed.
(Ord. 90-1251-571, § 1; Ord. 2011-536-E, § 1)
Jacksonville Ordinance Code § 655.105 Definitions.
Sec. 655.105. - Definitions.
For the purposes of this Chapter, the following terms, phrases, words, and their derivations, shall have the meaning contained below, or as referenced within specific Sections.
Capacity means a maximum and quantifiable ability for a public facility, except Motorized and Non-motorized public transportation facilities, to provide service to its users, calculated relative to a level of service infrastructure standard. It includes the following:
(1) Existing capacity means used capacity plus capacity not used but available at the present time.
(2) Projected capacity means existing capacity plus future capacity expected after improvement of the facility.
(3) Threshold capacity means a level of capacity over which a warning signal will indicate that the facility will soon reach its existing capacity.
(4) Available capacity means that portion of existing capacity not yet used or committed for use.
(5) Free capacity means the amount of available capacity that can be offered to an applicant for a Conditional Capacity Availability Statement (CCAS) or Concurrency Reservation Certificate (CRC) which will not be depleted by pending applications.
(6) Improvement capacity means added capacity potential expected by a capital improvement, but not including existing capacity, if any.
(7) Committed improvement capacity means the increase in capacity associated with a capital improvement meeting the requirements set forth in Section 655.112 as of the date of the acceptance of the application for a CCAS or CRC by the Concurrency and Mobility Management System Office (CMMSO), less any reserve priority capacity.
Capital improvement means a permanent addition, construction or fixture to real property or structures thereon which has a useful life of more than five years and an estimated purchase or construction cost of more than $25,000.
Capital improvement element means that element of the Comprehensive Plan adopted pursuant to Chapter 650, Ordinance Code and F.S. Ch. 163, Pt. II, which evaluates the need for public facilities as identified in the other Comprehensive Plan elements and as defined in the applicable definitions for each type of public facility, which estimates the cost of improvements for which the local government has fiscal responsibility, which analyzes the fiscal capability of the local government to finance and construct improvements, which adopts financial policies to guide the funding of improvements, and which schedules the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required based on needs identified in the other adopted Comprehensive Plan elements.
Commenced means that point in the evolution of a project when a reasonable amount of funds have been expended for development, when judged in relation to the intensity or type of development, by the developer can be demonstrated, or that point at which actual physical construction of the project begins in concert with the provision of necessary support infrastructure, when judged in relation to the intensity or type of development, whether such infrastructural improvements are off-site or on-site.
Comprehensive plan or plan means the most recent version of the City of Jacksonville's Comprehensive Plan adopted pursuant to F.S. Ch. 163, Pt. II.
Concurrency means that the necessary public facilities and services, other than Motorized and Non-motorized public transportation facilities, to maintain the adopted level of service standards are available when the impacts of development occur.
Concurrency and mobility management system automated data base means the data collection, processing and analysis performed by the City to determine impacts on the adopted level of service standards for potable water, public schools, sanitary sewer, solid waste, drainage and recreation and performance measures for Motorized and Non-motorized public transportation facilities.
Concurrency and Mobility Management System (CMMS) means the procedures and/or processes utilized by the City to assure that final development orders and final development permits are not issued unless the necessary facilities to support the development, except Motorized and Non-motorized public transportation facilities, are available concurrent with the impacts of the development and the Motorized and Non-motorized public transportation facilities meet the performance measures as provided in a manner consistent with the Mobility System. These procedures and/or processes are specified in Part 5 of this Chapter and in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida.
Concurrency Reservation Certificate (CRC) means the official document issued by the City through the CMMSO upon finding that an application for the certificate in reference to a specific final development order or final development permit for a particular development will not result in the reduction of the adopted level of service standards for impacted potable water, sanitary sewer, recreation, public schools, drainage and solid waste facilities and services, as set forth in the Comprehensive Plan.
Conditional Capacity Availability Statement (CCAS) means the official document issued by the City through the CMMSO which precedes the review of an application for a CRC and which constitutes the issuance of reserve capacity or a statement of those conditions which must be fulfilled prior to the issuance of reserve capacity as to the public facilities, except Motorized and Non-motorized public transportation facilities, listed in Section 655.112, Ordinance Code.
CMMS Handbook means the Concurrency and Mobility Management System Handbook available at the CMMS Office, 214 N. Hogan St., Second Floor, Jacksonville, FL 32202, and on the CMMSO webpage on www.coj.net.
CMMSO means the Concurrency and Mobility Management System Office.
Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of a structure or land, or the dividing of land into three or more parcels according to a plat of record. The following activities or uses shall be taken to involve development:
(1) A reconstruction, alteration of the size or material change in the external appearance of a structure or land.
(2) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure, or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.
(3) Alteration of a shore or bank of a river or stream, lake, pond or canal, including any coastal construction defined in F.S. § 161.021.
(4) Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of land.
(5) Demolition of a structure.
(6) Clearing of land as an adjunct of construction.
(7) Deposit of refuse, solid or liquid waste or fill on a parcel of land.
The following operations or uses shall not be taken to involve development as defined herein:
(1) Work by a transportation or public works agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.
(2) Work by any utility and other persons engaged in the distribution or transmission of utilities, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.
(3) Work involving the maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.
(4) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to the enjoyment of the dwelling.
(5) The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes.
(6) A change in the ownership or form of ownership of any parcel or structure.
(7) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land.
(8) A change in use of land or structure from a use within a class specified in an ordinance to another use in the same class.
Development includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this subsection.
Development Area means an area depicted on the Future Land Use Map ("FLUM") series which controls the density, development characteristics, and other variables within plan categories. The City is organized by five tiers of Development Areas including: the Central Business District (CBD); the Urban Priority Area (UPA); the Urban Area (UA); the Suburban Area (SA); and the Rural Area (RA), as shown in the Map Series Section of the Comprehensive Plan.
Developer means any person, or his authorized agent, including a governmental agency, who undertakes the development of land as described above in this Section.
Development order means any order issued by the City granting, denying or granting with conditions an application for approval of a development project or activity. The term development order encompasses the following:
(1) Development permit means an official document issued by the City which authorizes land alteration or the commencement of construction without the need for any further applications or approvals. Development permits include: all types of construction permits, such as plumbing, electrical, foundation, mechanical, etc., in addition to the building permit itself, grading, site clearing and demolition permits, septic tank permits, tree removal permits and sign permits.
(2) Preliminary development permit means an official document issued by the City which authorizes certain types of preliminary development which either would not have an impact on levels of service or performance measures or would occur at a stage in the development process when the proposed project has not been precisely defined and where the density, intensity and type or use of the ultimate development is not known. A CRC or payment of a Mobility fee is not required prior to the issuance of a preliminary development permit, which term shall include, but not be limited to: a site clearing permit, a demolition permit, a tree removal or relocation permit, a swimming pool permit, a septic tank permit, a sign permit, a fence permit, and an awning permit.
(3) Final development permit means an official document issued by the City which authorizes the commencement of construction which would be expected to have an impact on levels of service or performance measures or would occur at a stage in the development process when the proposed project has been precisely defined and where the density, intensity and type or use of the ultimate development is known. A CRC and the payment of the Mobility fee is required prior to the issuance of a final development permit, which term shall include, but not be limited to: a building permit, for any new building, addition, or accessory building, new mobile home move on, or trailer, park and camps, and converting use not found to be de minimis by the CMMSO; a building permit for any nonresidential alterations and repairs, foundation only, or other type of improvement not found to be de minimis or exempt.
(4) Preliminary development order means a preliminary approval given by the City which does not authorize actual construction, alterations to land or structures or other development. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual approvals where a series of approvals are required before authorization to commence land alteration or construction may be given by the City. A CRC or the payment of a Mobility fee is not required prior to the issuance of a preliminary development order, which term shall include, but not be limited to: an order granting an administrative appeal, an amendment to the FLUM series of the Comprehensive Plan, an amendment to the Comprehensive Plan which affects land use or development standards, approval of preliminary sketch plans under Section 654.107, Ordinance Code, approval of site plans under Section 656.404, Ordinance Code, an order granting a zoning variance or exception, a rezoning and a written determination of consistency with the Comprehensive Plan.
(5) Final development order means a final approval given by the City for a development project which has been precisely defined in terms of the intensity and use of the project. The final development order authorizes the project, whereas the preliminary development order or permit authorizes specific components of the project, such as, parking lot installation, landscaping, etc. A CRC is required prior to the issuance of a final development order, which term shall include, but not be limited to: approval of final construction plans for required improvements under Chapter 654, Ordinance Code, final plat approval under Chapter 654, Ordinance Code, approval of final construction and/or engineering plans under Chapter 320, Ordinance Code, and a local development order approving a Development of Regional Impact or Florida Quality Development. The payment of a Mobility fee shall be required prior to approval of final construction and/or engineering plans under Chapter 320, Ordinance Code or building permits for single family residential construction or as otherwise provided in Part 5.
Existing Use means the actual, present use or the most recent lawful use on the property. Documentation may include Duval County Property Appraiser Tax Record Cards, building permits, demolition permits, advertising (e.g. number of hotel rooms), real estate listings, internet search on business address, phone listings, Sanborn maps, and other reliable information sources.
Letter of certificate of completion means a letter issued by the Planning and Development Department indicating that a building, structure, or development has reached a degree of completion which warrants the appropriate withdrawal of existing capacity within the CMMS.
Lot includes the words plot or parcel. A lot or plot is a parcel of land of at least sufficient size to meet the minimum requirements of the Zoning Code as to use, lot coverage and area and to provide the yards required by the Zoning Code. A lot is also defined as a single unit in a subdivision.
Level of Service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility or service, except for Motorized and Non motorized public transportation facilities.
Memorandum of agreement means an informal agreement entered into by the developer and the Director of Planning and Development setting forth the terms which will serve as the basis of a future formal development agreement entered into pursuant to Part 2, Chapter 655.
Mobility fee means a monetary charge on new development based upon the transportation impacts, both motorized and non-motorized, created by the new development. For purposes of this fee, "new development" also includes the renovation or conversion of an Existing Use, or the expansion of an Existing Use if there will be an increase in the amount of traffic generated.
Mobility System means a process for calculating and collecting a fee from landowners or developers for a specified development; and for applying this fee to motorized and non-motorized transportation projects in order to mitigate the effects of increased demand due to growth.
Motorized public transportation facility means a roadway/corridor or mass transit facility that accommodates cars, trucks or other types of motorized vehicles.
Non-motorized public transportation facility means a facility including but not limited to a sidewalk, multi-purpose path, bike path, sharrows, cycle track, or other facility for the use of pedestrians or non-motorized bicycles.
Public facilities or services means those facilities and services specified in the Comprehensive Plan for which level of service standards or other performance measures have been adopted: Motorized and Non-motorized public transportation facilities, potable water, sanitary sewer, solid waste, drainage, recreation, and Duval County public schools, excluding charter schools.
Reserve capacity means that capacity for public facilities, except for Motorized and Non-motorized public transportation facilities, demanded by the impacts of CRC or CCAS applications on a "first come-first served" basis for:
(1) A proposed development for which an application for a CRC or CCAS has been accepted and is under review in accordance with Section 655.111(b) or (c); or
(2) A proposed development granted a CCAS or a CRC, provided the final development order or permit for which the CCAS or CRC was required is applied for within the time periods set forth in Section 655.111(b)(5) or (c)(3); or
(3) A proposed development wherein the City has granted a CRC and issued the final development order or final development permit for which the CRC was required, provided the development proceeds without substantial deviation from the terms of the final development order or final development permit to the point of obtaining a letter of certificate of completion; or
(4) A proposed development denied or conditionally approved a CCAS or denied a CRC, provided the applicant (i) gives written notice of its intent to negotiate as to modifications in the application within ten days after notification by CMMSO or (ii) executes a Memorandum of Agreement, expressing his intent to enter into a development agreement pursuant to Part 2, Chapter 655, Ordinance Code, and F.S. § 163.3202, or appeals the decision within 30 days from the date of denial notification by the CMMSO.
(5) A proposed development denied or conditionally approved a CCAS or denied a CRC, after appeal, provided the applicant executes a Memorandum of Agreement within 30 days from the date of notification of denial of the appeal.
(6) In the instance of a CCAS, the reserve capacity for public facilities, except for Motorized and Non-motorized public transportation facilities, shall apply on a "first come-first served" basis only as to those public facilities for which there is free capacity on the date of acceptance of the application.
Reserve priority capacity means those capacities demanded by Developments of Regional Impact (DRI), Florida Quality Developments (FQD) or development capacities negotiated in a development agreement pursuant to Part 2, Chapter 655, Ordinance Code, and F.S. § 163.3202.
Reviewing divisions mean those specific divisions within the City agencies and departments affected by the provisions of this CMMS which have the responsibility to develop and utilize methods and procedures to assess a proposed development's impact on public facilities, except Motorized and Non-motorized public transportation facilities, and which must approve or deny the proposed development based on the ability of each public facility, except Motorized and Non-motorized public transportation facilities, to absorb such impacts without decreasing the established level of service for that facility.
Substantial deviation means any proposed change from a final development order or final development permit for which a VPAC or CRC is required and which meets the criteria set forth in Section 655.113(a).
Vested capacity means the quantifiable impacts on public facilities by development authorized pursuant to finalized building permits approved for proposed developments which have been issued VPACs.
Vested Property Affirmation Certificate (VPAC) means the official document issued by the City through the CMMSO which waives all concurrency and Mobility fee requirements for a final development permit or final development order issued prior to September 21, 1990 for a development which has commenced prior to the dates set forth in Section 655.109(a), provided such development does not substantially deviate, under the criteria set forth in Section 655.113, from the terms of the original development permit or development order, and further provided that such development continues in good faith toward completion.
Vested Property Annual Status Report means the complete and detailed report required to be submitted to the Concurrency and Mobility Management System Office by the holder of a VPAC on each anniversary of a development's VPAC issuance which demonstrates and documents the development's progress and continuance in good faith according to its original development permit or order.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.106 Concurrency and Mobility Management System Office (CMMSO).
Sec. 655.106. - Concurrency and Mobility Management System Office (CMMSO).
There is hereby established a Concurrency and Mobility Management System Office for the City of Jacksonville located in the Planning and Development Department.
(a) Functions and responsibilities. The CMMSO shall perform the following functions:
(1) It shall provide to the public, upon request, information on existing capacities and levels of service for potable water, sanitary sewer, solid waste, drainage, recreation and public schools and performance measures for Motorized and Non-motorized public transportation facilities. Such information shall include existing facility and service capacities, planned and committed facility and service capacity increases or extensions, and existing and committed service demands.
(2) It shall be responsible for organizing, coordinating and scheduling CMMSO administrative decision and vested rights appeals pursuant to Section 655.114.
(3) It shall coordinate the refinement and update of CMMS procedures and systems on an annual basis, at minimum. In this capacity, the CMMSO shall serve as the liaison among reviewing divisions, the Community Planning Division of the Planning and Development Department and the Director of Planning and Development and the Office of the Mayor. The main objectives of the CMMSO in this capacity shall be to define and clarify policy, to facilitate the effective exchange of data among all governmental agencies and departments and to ensure the integrity of the entire CMMS process by continually monitoring automated information and recordkeeping systems.
(4) It shall, through active public education efforts, work toward the establishment of the CMMS as an integral component of the local development process in an expeditious and efficient way.
(5) It shall review the record of CCASs and CRCs kept by the Concurrency and Mobility Management System Automated Data Base to determine the impacts, if any, on approved final development orders and final development permits as a result of amendments, whether actual or proposed, to level of service standards, performance measures, capital improvement program funds, budgets, contracts and development agreements.
(6) It shall maintain records of all CCASs and CRCs as input into the Concurrency and Mobility Management System Automated Data Base and shall develop and maintain procedures to monitor cumulative concurrency capacity reservations for reviewing divisions and to maintain system security.
(7) It shall issue an annual capacity statement on April 25, 1991, and on the same date annually thereafter indicating capacity information for each public facility or service, except Motorized and Non-motorized public transportation facilities. The annual statements shall include the following for each component of the level of service:
(i) Existing capacity.
(ii) Reserve capacity.
(iii) Vested capacity.
(iv) Capacity used since previous statement.
(v) Available capacity.
(vi) Whether the facility or service is operating at or above the threshold capacity.
(8) It shall manage the collection of Mobility fees pertaining to Motorized and Non-motorized public transportation facilities consistent with Part 5 of this Chapter.
(b) Administration. It shall be the responsibility of the Planning and Development Department to enforce the provisions of this Chapter. The Director of Planning and Development shall have the duty and authority to interpret the provisions of the CMMS and to promulgate the rulings, regulations and procedures found necessary for the implementation of the CMMS. In addition, the Director of Planning and Development is specifically delegated the authority to enter into memorandums of agreement on behalf of the City in order to carry out the provisions of Section 655.111(b)(5)(iv) regarding reserve capacity. Where a Memorandum of Agreement consistent with the basic template provided in the Handbook has been executed by the Director and the developer, and the developer has submitted an application for a development agreement which has been determined to be sufficient and accepted by the CMMSO and has commenced negotiations with the City, the CMMSO may extend reserve capacity by one or more periods of up to 30 days each, provided the negotiations are continuing in good faith. Where it is alleged there is error in any decision of the Director of Planning and Development, an appeal may be made pursuant to the provisions of Section 655.114.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 2; Ord. 93-120-111, § 2; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.107 Levels of service and performance measures.
Sec. 655.107. - Levels of service and performance measures.
The adopted level of service standards and performance measures for public facilities and services and Motorized and Non-motorized public transportation facilities, as stated in the Comprehensive Plan, are hereby adopted and incorporated by reference into this Chapter.
(Ord. 90-1251-571, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.108 De minimis development.
Sec. 655.108. - De minimis development.
Not all development or development activity impacts are significant enough to cause deterioration in the levels of service or be subject to a Mobility fee as adopted in the Comprehensive Plan.
(a) The following development shall be deemed de minimis and not subject to a Mobility fee or CMMS review, except as set forth within this section:
(1) A change in use of a structure completed as of September 19, 2011, without addition of square footage, from a lawful use within a presently applicable zoning district to a similar permitted use within the same zoning district shall be exempt from all CMMS review.
(2) A development that solely consists of a development activity that has no vehicle trip generation.
(3) All public facilities provided by the City of Jacksonville necessary to ensure the protection of the health and safety of the citizens of the City of Jacksonville.
(4) Any permits for outside retail sales of holiday items.
(b) An applicant for any final development order or final development permit for such a development shall be required to file an application for a CRC pursuant to Section 655.111 hereof. The CMMSO shall process the application for a CRC in an expeditious manner and shall stamp the building permit with a stamp indicating "De minimis Approved." Such a building permit shall be exempt from the payment of the Mobility fee and any further concurrency review.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 3; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.109 Exemptions; vested rights; permits or approvals conferring vested rights; common law vested rights.
Sec. 655.109. - Exemptions; vested rights; permits or approvals conferring vested rights; common law vested rights.
The following development or development activity shall be exempt from CMMS review and the payment of the Mobility fee.
(a) Requirements for vested rights. The provisions of this Chapter shall not affect the validity of any lawfully issued and effective final development orders or final development permits which were issued prior to April 25, 1991, provided that such development activity as is authorized by the order or permit has commenced prior to April 25, 1991, and is continuing in good faith towards completion. A proposed development shall be vested for purposes of this Chapter and therefore exempt from the CMMS requirements of this Chapter if it has received one of the following:
(1) A valid and effective building permit or any other type of construction permit issued prior to April 25, 1991, including any renewals thereof which are permissible under Chapter 320, Ordinance Code;
(2) As to the construction of single-family dwellings, approval of final construction plans for required improvements under Chapter 654, Ordinance Code, given prior to April 25, 1991;
(3) As to the construction of all other improvements or development, approval of final construction and/or engineering plans under Chapter 320, Ordinance Code, given prior to April 25, 1991, provided such construction and/or engineering plans specifically indicate the density, intensity and use of the ultimate development proposed to be built according to such approved plans.
For the purposes of this Chapter, it is determined that development has commenced and is continuing in good faith for the permits or approvals specified in subsections (a)(1)(2) and (3) of this Section upon the issuance of such permit or approval. Verification of the issuance of such approvals or permits shall be made by the CMMSO, and an owner or developer of property shall not be required to obtain a CRC, but shall be required to comply with the procedures set forth in Section 655.110 in order to obtain a VPAC.
(b) DRI and FQD approvals. Nothing contained in this Chapter shall limit or modify the rights of any person to complete any development that has been authorized as or vested as a Development of Regional Impact (DRI), or a Florida Quality Development (FQD) pursuant to F.S. Ch. 380, prior to April 25, 1991, unless the development order authorizing such development contains provisions wherein the development is required to meet concurrency requirements or other local zoning, subdivision or growth management laws adopted subsequent to the development order; provided, however, that verification of the issuance of the development order shall be made by the CMMSO. An owner or developer of property which is subject to a DRI or FQD shall be required to comply with the procedures set forth in Section 655.110 in order to obtain a VPAC, but shall not be required to pay the application fee which would otherwise be charged for filing an application for a VPAC.
(c) Prior concurrency approvals. Concurrency approvals for Conditional Capacity Availability Statements (CCAS), Concurrency Reservation Certificates (CRCs), Vested Property Affirmation Certificates (VPACs), Development Agreements and Redevelopment Agreements that have not expired shall be recognized and accepted until expiration. Development authorized by a fair share assessment contract may be completed in reliance upon and pursuant to the fair share assessment contract as set forth in Section 655.301 of this Chapter.
(d) Planned Unit Developments (PUDs) may be deemed vested where development has commenced and is continuing in good faith. For the purposes of this Chapter, it is determined that the adoption of an ordinance approving a Planned Unit Development (PUD) pursuant to Section 656.340, Ordinance Code, prior to April 25, 1991, may constitute substantial competent evidence which is sufficient to demonstrate that the requirements of subsections (e)(1), (2), (3) and (4) of this Section have been met, provided the applicant also demonstrates, by substantial competent evidence, to the satisfaction of the Director of Planning and Development that development pursuant to the PUD ordinance has commenced and is continuing in good faith in accordance with the written description of the intended plan of development, site plan and conditions approved as part of the ordinance creating the PUD.
(e) Requirements for common law vested rights. Nothing in this Chapter shall be construed to abrogate validly existing vested rights. However, it shall be the duty and responsibility of the person alleging vested rights to demonstrate affirmatively the legal requisites to establish such vested rights. The City shall recognize validly existing vested rights by the issuance of a VPAC, even if such rights are inconsistent with the Comprehensive Plan or the requirements of this Chapter, upon a determination by the CMMSO that the person alleging vested rights:
(1) Has acted in good faith and in reasonable reliance;
(2) Upon a valid, unexpired act or omission of the government;
(3) Has made such a substantial change in position or incurred extensive obligations and expenses; and
(4) That it would be highly inequitable or unjust to destroy the rights he or she has acquired.
The following shall not be considered development expenditures or obligations in and of themselves: expenditures for legal or other professional services which are not related to the design or construction of improvements, taxes paid, or expenditures related to the acquisition of land. Furthermore, the mere existence of a particular zoning classification or a development permit or development order issued prior to the effective date of this Chapter shall not be determined to vest rights under this subsection (e) of this Section.
(f) All public educational and on-site ancillary plants as defined in F.S. Ch. 1013, or charter schools governed by F.S. § 1002.33, and private primary and secondary educational schools that have been accredited by the Florida Department of Education, as well as their on-site ancillary plants.
(g) Transit stations and terminals; transit station parking; park-and-ride lots; intermodal public transit connection or transfer facilities; fixed bus, guideway, and rail stations; and airport passenger terminals and concourses, air cargo facilities, and hangars for the assembly, manufacture, maintenance, or storage of aircraft. As used in this subsection, the term "terminals" does not include seaports or commercial or residential development constructed in conjunction with a use listed herein.
(h) A maximum of two single family dwellings on a lot of record, as defined in Chapter 656 (Zoning Code), Ordinance Code.
(i) Any building used principally as a place wherein persons regularly assemble for religious worship, including sanctuaries, chapels and cathedrals and on-site buildings adjacent thereto, such as parsonages, friaries, convents, fellowship halls, Sunday schools and rectories, but not including day care centers or community recreation facilities.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 4; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.110 Procedures for obtaining Vested Property Affirmation Certificate (VPAC); deviations; annual report; transferability; revocation.
Sec. 655.110. - Procedures for obtaining Vested Property Affirmation Certificate (VPAC); deviations; annual report; transferability; revocation.
(a) Application procedures for obtaining Vested Property Affirmation Certificate (VPAC). The following procedures shall be followed with respect to applying for a VPAC:
(1) An application for a determination of vested rights shall be submitted to the CMMSO of the Planning and Development Department on the form provided. The application for the VPAC shall contain information sufficient to permit a determination by the CMMSO pursuant to the criteria set forth in Section 655.109. Detailed site maps and a complete legal description of the subject property shall be submitted with the application. Only applications which are fully complete shall be accepted by the CMMSO.
(2) The CMMSO shall review the VPAC application for compliance with the criteria set forth in Section 655.109, and shall prepare a written decision within 30 days after the application has been accepted approving or denying the VPAC application. In the preparation of its decision, the CMMSO may consult with the Office of General Counsel. Other City departments shall provide technical or other information and assistance at the request of the CMMSO. If the application is approved, the CMMSO shall issue the VPAC with the written decision.
(b) Deviations not permitted. All development subject to a VPAC shall be consistent with the terms of the original development order or development permit upon which the VPAC is based. Any proposed change from the original development order or development permit, except for a deviation required by governmental action, if determined to be a substantial deviation from such prior development order or development permit by the CMMSO pursuant to the criteria set forth in Section 655.113, shall cause the proposed change to be subject to all of the goals, objectives and policies of the Comprehensive Plan and the requirements of this Chapter.
(c) VPAC annual status report. Each holder of a VPAC whose development is not yet complete shall submit a complete report to the CMMSO on the form provided on each anniversary of the VPAC issuance. The purpose of the report is to provide information required by the CMMSO in order to accurately monitor the progress of all development within the City. The CMMSO shall mail a report form to each holder of a VPAC at least 30 days prior to the anniversary date of the VPAC issuance, with a written request to complete and return the form. Failure to submit the report by the anniversary date of the VPAC issuance anniversary date may result in the revocation of the VPAC by the CMMSO.
(d) Transferability. A VPAC is transferrable to a successor owner upon providing written notice to the CMMSO and evidence of conveyance of the land subject to the VPAC.
(e) Revocation. A VPAC shall remain valid and in force unless and until it is revoked by the CMMSO. Notwithstanding anything in this Chapter to the contrary, a VPAC may be revoked by the CMMSO upon a showing by the City of a peril to the public health, safety or general welfare of the residents of the City which was unknown at the time of approval or upon sufficient evidence that a development receiving a VPAC is not continuing in good faith. Prior to any revocation of a VPAC, the CMMSO shall provide written notice of an intention to revoke the VPAC to the person(s) issued the VPAC and any person(s) having a title interest of record in the land subject to the VPAC, which notice shall include the basis for the revocation. The notice recipient shall have a period of 45 days from the date of receipt of such notice within which to eliminate the condition which is the basis for the revocation. A notice recipient may receive from the CMMSO one or more extensions of the 45 day time period based upon a showing of good cause. If the notice recipient does not eliminate such condition within such time period, the CMMSO may then revoke the VPAC and provide written notice of revocation to the notice recipient of the VPAC. Where it is alleged there is error in any revocation an appeal may be made pursuant to the provisions of Section 655.114.
(f) Continuing in good faith. For purposes of this Chapter, in making a determination as to whether a development is continuing in good faith, the following criteria shall be considered:
(1) A development shall be deemed to be continuing in good faith if there has been diligently pursued, on a regular and continuous basis, design, engineering or permitting activity necessary to the progress of the development subject to VPAC.
(2) A development shall be deemed to be continuing in good faith if development has been undertaken and diligently pursued on a regular and continuous basis which furthers the progress of the development as permitted subject to the VPAC.
(3) The criteria referenced in subsections (f)(1) and (2) of this Section shall not preclude the CMMSO from making a determination that development is continuing in good faith based upon facts and circumstances of a particular development.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 5; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.111 Concurrency Reservation Certificate application process and review procedures.
Sec. 655.111. - Concurrency Reservation Certificate application process and review procedures.
(a) Concurrency Reservation Certificate ("CRC")—when required. The latest point at which concurrency is determined is the final development order. A Concurrency Reservation Certificate (CRC) shall be required prior to the issuance of all final development permits and final development orders, other than permits for de minimis development or exempt development as provided in Section 655.108 and Section 655.109, but not for preliminary development orders or preliminary development permits. The payment of the Mobility fee per Part 5 of this Chapter, if applicable, shall be required prior to approval of final construction and/or engineering plans under Chapter 320, Ordinance Code or building permits for single family residential construction (or as otherwise provided in Part 5), unless the proposed development is de minimis or exempt as provided in Section 655.108 and Section 655.109. No final development order or final development permit shall be issued or granted by any board, commission, department or agency of the City of Jacksonville without a CRC unless in accordance with the provisions of this Chapter. No approval of final construction and/or engineering plans under Chapter 320, Ordinance Code or building permits for single family residential construction shall be issued or granted by any board, commission, department or agency of the City of Jacksonville without the payment of the Mobility fee per Part 5 of this Chapter unless in accordance with the provisions of this Chapter.
(b) Conditional Capacity Availability Statement (CCAS) application procedures and review process. An applicant may make an application for a CCAS. An applicant for a CCAS shall file a completed application with the CMMSO on the form provided by that office. The applicant shall provide all the information requested on the application, to the extent applicable. The application shall be accepted by the CMMSO only if the application is completed in full and submitted with all supplementary information required. Prior to filing the application, the applicant is encouraged to meet with the CMMSO staff or the staff of any reviewing division to discuss the application. Upon the payment of the application fee to the Tax Collector, copies of the application shall be transmitted immediately to each reviewing division. The acceptance of an application for a CCAS shall constitute the issuance of reserve capacity as to those public facilities, except for Motorized and Non-motorized public transportation facilities, for which there is free capacity on the date of acceptance of the application. Each reviewing division shall review the application for compliance with level of service standards according to the methodologies and criteria set forth in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida.
(1) Reviews shall be performed as follows:
(i) JEA: potable water and sanitary;
(ii) Solid Waste Division, Office of Administrative Services: solid waste;
(iii) Development Services Division, Public Works Department: drainage;
(iv) Recreation and Community Programming Division, Recreation and Parks Department: recreation.
(v) Duval County Public Schools: All public educational and ancillary plants as defined in F.S. Ch. 1013. Charter schools are not considered for the purpose of determining if there is public school capacity for a development.
(2) If a reviewing division determines that the information contained in the application is insufficient to review the application in accordance with the CMMS methodologies and criteria, then the reviewing division, within five days of its receipt of the application from the CMMSO, shall notify the CMMSO of the application's insufficiencies. The CMMSO shall immediately notify the applicant of such insufficiencies. The applicant shall then have ten days from the date of such notification to remedy the application's insufficiencies. This time period may be extended by the CMMSO based upon a showing of good cause. Any notification by a reviewing division to the CMMSO that the application is insufficient automatically tolls the applicable review period. Upon the reviewing division's receipt of the necessary information, the review period begins again at the point at which it was tolled. In the event the application's insufficiencies are not remedied within the time required, the applicant shall automatically lose all reserve capacity previously issued.
(3) Each reviewing division shall compare the proposed development's impact against free capacities, consider committed improvement capacities, reduce the proposed development's impact by the impact of the existing use, if applicable, of the property, determine the available capacity based upon the level of service standards adopted in the Comprehensive Plan, and, within 30 days after the date of acceptance of the application, issue to the CMMSO a written approval, denial, or approval with conditions for its portion of the application. As to any public facilities, except for Motorized and Non-motorized public transportation facilities, for which there was not sufficient free capacity on the date of acceptance of payment for the application, the appropriate reviewing division's approval shall include any and all conditions which must be fulfilled prior to the issuance of the CRC.
(4) A final written decision shall be issued by the CMMSO within 45 days from the date the application is accepted by that office.
(5) If the application is denied or is approved with conditions, the written notification shall:
(i) Identify the decision reached by each reviewing division and the reason for denial or approval with conditions by any reviewing division;
(ii) Outline the procedures required to be followed in order to appeal the decision;
(iii) Outline the procedures required to be followed in order to enter into a development agreement, binding executed contract or other negotiating process which, upon agreement by the City, would permit the approval of the application or amendment or deletion of the disputed conditions;
(iv) Notify the applicant that the application shall continue to constitute the issuance of reserve capacity as to the applicable public facilities, except for Motorized and Non-motorized public transportation facilities, for a period of: (i) 30 days after the date of the final written decision if the applicant gives written notice to the CMMSO, within ten days of such decision, of the applicant's intent to negotiate within such 30-day period modifications to the application which, upon agreement by the CMMSO, would permit the approval of the application or amendment or deletion of the disputed conditions, or (ii) 120 days after the date of the final written decision if the applicant, within 30 days of such decision, either executes a memorandum of agreement, a basic template of which is provided in the Handbook, expressing the applicant's intent to enter into a development agreement pursuant to Part 2, Chapter 655, Ordinance Code, and F.S. § 163.3202, within such 120-day period, or files an appeal on the form provided by the CMMSO. If the memorandum of agreement is not executed or the appeal is not filed within the time frames set forth above, or if the applicant fails to negotiate modifications to the application or enter into a development agreement within the time frames set forth above, the application shall automatically lose its reserve capacity and shall be treated as any other new application in the event the applicant wishes to proceed with the proposed development at a later date.
An applicant whose application is denied is encouraged to meet with the staff of the reviewing division(s) which issued a denial. Opportunities may exist which may enable the application to be approved. Such opportunities or solutions may include a development agreement, a binding construction contract between the City and the applicant to provide the necessary improvements, development phasing, facility phasing, capital improvements programming, a change in the funding source of a capital improvement or a reduction in the scale or impact of the proposed development.
(6) Each CCAS shall expire automatically one year after the date of issuance unless the applicant applies for the final development order or development permit for which the CCAS was required within the one-year period. An applicant may receive from the CMMSO four extensions of up to six months each based upon a showing of good cause. The CCAS shall automatically expire simultaneously with the denial of the final development order or final development permit for which the CCAS was required.
(7) A CCAS is transferrable to a successor owner upon providing written notice to the CMMSO and evidence of conveyance of the land subject to the CCAS.
(8) Whenever the CMMSO has denied an application for a CCAS, no further application shall be filed for a CCAS for a part or all of the same land for a period of six months from the date of such denial, unless subsequent to the date of such denial capacity sufficient to accommodate the proposed development has become available. Where the CMMSO finds that compliance with the provisions set forth in this Section would cause unusual or extraordinary difficulties, it may grant a waiver so that substantial justice may be done and the public interest secured, provided that the general welfare of the public is protected and that the proposed development is in keeping with the general spirit of these regulations. No waiver may be granted if it would have the effect of nullifying the intent and purpose of this Section.
(c) Concurrency Reservation Certificate (CRC) application procedures and review process. An applicant may make an application for a CRC. In the event the applicant has not previously obtained a CCAS, the applicant shall follow the procedures set forth in subsections (c)(1) through (4) of this Section. In the event the applicant has previously obtained a CCAS, the applicant shall follow the procedures set forth in subsections (c)(5) through (10) of this Section. All CRCs, whether or not preceded by a CCAS, are governed by the provisions in subsections (c)(10) through (15) of this Section.
(1) In the event the applicant has not previously obtained a CCAS, the applicant shall file a completed application for a CRC with the CMMSO on the form provided by that office. The applicant shall provide all the information requested on the application, to the extent applicable. The application shall be accepted by the CMMSO only if the application is completed in full and submitted with all supplementary information required. Prior to filing the application, the applicant is encouraged to meet with the CMMSO staff or the staff of any reviewing division to discuss the application. Upon the payment of the application fee to the Tax Collector, copies of the application shall be transmitted immediately to each reviewing division. The acceptance of the fee by the Tax Collector for a CRC shall initiate the issuance of reserve capacity as to those public facilities, except for Motorized and Non-motorized public transportation facilities, for which there is free capacity on the date of acceptance of the application. Each reviewing division shall review the application for compliance with level of service standards according to the methodologies and criteria set forth in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida. Reviews shall be performed in accordance with subsections (b)(1) and (2) of this Section.
(2) Each reviewing division shall compare the proposed development's impact against free capacities, consider allowable improvement capacities, reduce the proposed development's impact by the impact of the existing use, if applicable, of the property, determine the available capacity based upon the level of service standards adopted in the Comprehensive Plan, and, within 30 days after the date of acceptance of payment for the application, issue to the CMMSO a written approval or denial for its portion of the application. In issuing a final written decision, the CMMSO shall follow the procedures set forth in subsections (b)(4) and (5) of this Section as applicable to the approval or denial of an application.
(3) If the application is approved, the written notification of approval, together with a CRC, shall be issued to the applicant by the CMMSO within the time period set forth in subsection (b)(4) of this Section. The CRC shall expire automatically one year after the date of issuance unless the applicant applies for the final development order or development permit for which the CRC was required within the one-year period. An applicant may receive from the CMMSO four extensions of up to six months each based upon a showing of good cause. The CRC shall automatically expire simultaneously with (i) the denial or revocation of the final development order for which the CRC was required; or (ii) the expiration of the final development order or development permit to which it applies.
(4) In the event the applicant has previously obtained a CCAS and the CCAS has not expired, within ten days after filing an application for the final development order or development permit for which a CCAS has been issued the applicant shall notify the CMMSO of such application on forms provided by the CMMSO which notification, together with the CCAS, shall constitute a completed application for CRC. This completed CRC application shall be reviewed only by the reviewing divisions responsible for reviewing for those public facilities, except Motorized and Non-motorized public transportation facilities, for which reserve capacity was not previously issued for compliance with level of service standards according to the methodologies and criteria set forth in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida. Reviews shall be performed in accordance with subsections (b)(1) and (2) of this Section.
(5) In the event the development proposed in the applicant's subsequent application for a final development order or development permit substantially deviates, under the criteria set forth in Section 655.112, from the development proposed in the application for CCAS, then the CMMSO may transmit the application for CRC to other reviewing divisions for review or require the applicant to apply for a CRC in accordance with subsections (c)(1)—(3) of this Section.
(6) The JEA, the Public Works Department and any other reviewing divisions as required pursuant to subsection (c)(5) of this Section shall compare the proposed development's impact as to the appropriate public facilities, except Motorized and Non-motorized public transportation facilities, against free capacities, consider allowable improvement capacities, determine the available capacity based upon the level of service standards adopted in the Comprehensive Plan, and, within 30 days after the date of acceptance of payment for the application, issue to the CMMSO a written approval or denial for that reviewing division's portion of the application.
(7) A final written decision shall be issued by the CMMSO in accordance with the provisions set forth in subsections (b)(4) and (5) of this Section applicable to the denial or approval of an application; provided, however, that the remedies set forth in subsection (b)(5) of this Section are available to the applicant only as they relate to a denial of the application for CRC and not as they relate to the approval, denial or conditional approval of the previously issued CCAS.
(8) If the application is approved, the written notification of approval, together with a CRC, shall be issued to the applicant by the CMMSO within the time period set forth in subsection (b)(4) of this Section. The CRC shall automatically expire simultaneously with (i) the denial or revocation of the final development order or development permit for which the CRC was required; or (ii) the expiration of the final development order or development permit to which it applies.
(9) The issuance of a CRC, whether or not preceded by the issuance of a CCAS, constitutes the issuance of reserve capacity as to all public facilities, except for Motorized and Non-motorized public transportation facilities. At such time as a development which has been issued a CRC receives a letter of certificate of completion, the reserve capacity issued to the development through the CRC shall (i) to the extent demanded by the completed development, be deemed used capacity and (ii) to the extent not demanded by the completed development, be deemed available capacity. If the CRC expires prior to a letter of certificate of completion being issued to the development, then, upon expiration of the CRC, the reserve capacity issued through the CRC shall be deemed available capacity.
(10) All development subject to a CRC shall be consistent with the terms of the final development order or final development permit to which the CRC applies. Any proposed change from the development order or permit, except for a deviation required by governmental action, if determined to be a substantial deviation from such prior development order or permit by the CMMSO pursuant to the criteria set forth in Section 655.113, shall cause the proposed change to be subject to concurrency review. Accordingly, any final development order or final development permit or amendment thereto required for a substantial deviation shall be subject to the provisions of Section 655.111.
(11) A CRC is transferrable to a successor owner upon providing written notice to the CMMSO and evidence of conveyance of the land subject to the CCAS or CRC.
(12) Reserved.
(13) Whenever the CMMSO has denied an application for a CRC, no further application shall be filed for a CRC for a part or all of the same land for a period of six months from the date of such denial, unless subsequent to the date of such denial capacity sufficient to accommodate the development has become available. Where the CMMSO finds that compliance with the provisions set forth in this Section would create unusual or extraordinary difficulties, it may grant a waiver so that substantial justice may be done and the public interest secured, provided that the general welfare of the public is protected and that the proposed development is in keeping with the general spirit of these regulations. No waiver may be granted if it would have the effect of nullifying the intent and purpose of this Section.
(d) Informal review process. Informal, written concurrency reviews of a proposed development's potential impacts will be issued within ten days of the acceptance of an application by the CMMSO for informal review. Such applications shall be filed in the same manner as for a formal review, pursuant to the provisions of Section 655.111(b), except that the applicant shall attach a signed and notarized affidavit affirming the applicant's understanding that a formal CRC must be approved prior to the issuance of any final development order or final development permit. An informal written concurrency review is for information purposes only, is not binding upon the City and does not entitle the applicant to receive any final development order or final development permit.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 6; Ord. 93-120-111, § 3; Ord. 2005-1283-E, § 7; Ord. 2007-1146-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1; Ord. 2025-30-E, § 21)
Jacksonville Ordinance Code § 655.112 Minimum requirements for CCAS or CRC approval.
Sec. 655.112. - Minimum requirements for CCAS or CRC approval.
Minimum requirements for a CCAS or CRC approval for each of the following public facilities and services are as follows:
(a) For potable water, sanitary sewer and solid waste, one of the following must be met:
(1) The necessary facilities and services are in place at the time each reviewing division conducts its concurrency review for a proposed development;
(2) The necessary facilities and services to support the impacts of a proposed project will be in place when the impacts of that project occur; or
(3) The necessary facilities and services are under construction at the time a proposed development is reviewed by each reviewing division, and, if the necessary services and facilities are to be constructed by the developer, the construction is guaranteed to be completed in time to absorb the impacts of the proposed development under one of the following procedures implemented at the later of issuance of the final development order or, as to a platted subdivision, upon recording of the final plat:
(i) The developer has deposited with the City or placed in an account subject to control of the City a cashier's check in the full amount of the total sum of engineering and construction costs for the installation and completion of the required improvements, which amount shall be subject to the approval of the City Engineer. The developer shall be entitled to secure draws from the deposit or account as construction and the installation of facilities progresses in stages, but not more frequently than monthly. A draw from the cash deposit or account shall be made only within 30 days after the developer's engineer has certified to the City that the cost of improvements installed equals or exceeds the amount of the draw requested plus previous draws made and the City has inspected the improvements and authorized the draw. The City may reduce the dollar amount of a requested draw to the extent reasonably justifiable, based upon inspection of the improvements. If the developer fails to be in compliance with any of the terms and conditions of the plans and specifications for the improvements, no further draws shall be approved until such time as the developer is determined to be in compliance. The developer shall be entitled to receive interest earned on the deposit or account. The City, upon 30 days written notice to the developer, shall have the right to use all remaining funds for the completion of the improvements in the event of the failure of the developer to complete the improvements within the time required, including any extensions granted by the City.
(ii) The developer has furnished to the City his personal bond secured by an unconditional and irrevocable letter of credit issued by a state or national banking institution to the City in an amount equal to the total sum of engineering and construction costs for the installation and completion of the required improvements, which amount shall be subject to the approval of the City Engineer. The bond and letter of credit shall be in a form approved by the Office of General Counsel. During the process of construction, the City may reduce the dollar amount of the personal bond and letter of credit on the basis of work completed. The City, after 30 days' written notice to the developer, shall have the right to use all funds remaining after previous draws on the letter of credit for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required, including any extensions granted by the City.
(iii) The developer has furnished to the City a surety bond in a form and by a surety company approved by the Office of General Counsel guaranteeing that the work will be completed. The bond shall be in an amount equal to the total of the sum of engineering and construction costs, which amount shall be subject to the approval of the City Engineer. During the process of construction, the City may reduce the dollar amount of the bond on the basis of work completed. The City, after 30 days' written notice to the developer, shall have the right to bring action or suit on the surety bond for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required, including extensions granted by the City; or
(4) The necessary public facilities and services are guaranteed in a development agreement executed pursuant to Part 2, Chapter 655, Ordinance Code and F.S. § 163.3202, or an agreement pursuant to F.S. Ch. 380, which guarantees that the necessary facilities and services will be in place when the impacts of development occur.
(b) For recreation, one of the following must be met:
(1) Compliance with paragraphs (1), (2), (3) or (4) of subsection (a) of this Section;
(2) The necessary public facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of facilities, or the provision of services, within one year of the issuance of the development's CRC and, if to be constructed by the developer, guaranteed by a bond or cash provided by the developer or developers and/or others including the City, as required in subsections (a)(3)(i), (ii) or (iii) of this Chapter; or
(3) The necessary facilities and services are guaranteed in a development agreement which requires the commencement of the actual construction of facilities for the provision of services within one year of the issuance date of the CRC or its accompanying final development order or final development permit. A development agreement shall be executed pursuant to Part 2, Chapter 655, Ordinance Code and F.S. § 163.3202.
(c) For drainage, one of the following must be met:
(1) Compliance with paragraphs (1), (2), (3) or (4) of subsection (a) of this Section; or
(2) The development shall retain the total volume of stormwater run-off on-site.
(d) For public schools, the requirements of Chapter 655, Part 4 must be met.
(e) The burden of demonstrating compliance with the requirements of this Section shall be on the applicant.
(Ord. 90-1251-571, § 1; Ord. 2005-952-E, § 1; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.113 Substantial deviations.
Sec. 655.113. - Substantial deviations.
(a) Any proposed change from a final development order or final development permit for which a VPAC, CCAS or CRC was required shall be deemed a substantial deviation if the proposed change is a change in use or intensity which, either individually or cumulatively with other changes, will increase the development's impacts upon the public facilities and services listed in Section 655.112(a) through (d) and traffic circulation by more than five percent of:
(1) In the instance of a VPAC, the total capacity applicable to the development as vested pursuant to the VPAC; or
(2) In the instance of a CCAS or CRC, the reserve capacity applicable to the development.
(b) Any review of a proposed change shall address only those issues raised by the proposed change.
(c) Development within a previously approved development may continue, as approved, during the review of the proposed change in those portions of the development which are not affected by the proposed change.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 7; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1)
Jacksonville Ordinance Code § 655.114 Appeals.
Sec. 655.114. - Appeals.
(a) An applicant may appeal any decision or technical determination made by the Director of Planning and Development, the CMMSO, or any reviewing division pursuant to this Chapter to a hearing officer appointed in accordance with the provisions of subsection (g) of this Section. Appeals shall be made by filing a notice of appeal with the CMMSO within 30 days of the issuance of the written decision being appealed. The notice of appeal shall contain:
(1) A clear and plain statement of the decision to be reviewed and the date of the decision; and
(2) The specific error alleged as the grounds of the appeal.
(b) A hearing on the appeal before the hearing officer shall be scheduled by the CMMSO for a date no more than 60 days subsequent to the filing of a notice of appeal accompanied by a receipt from the Tax Collector evidencing payment of the required fee. The applicant shall be given at least 30 days written notice of the scheduled hearing date. At the request of either party, the hearing officer may extend or continue the date of the hearing beyond 60 days for good cause shown.
(c) The applicant, departmental or any other appropriate City staff, and public and witnesses with relevant testimony shall appear and may be heard at the hearing. Testimony shall be limited to matters directly relating to the standards and measures set forth in this Chapter and in the Concurrency and Mobility Management System Handbook. To the maximum extent practicable, the hearing shall be informal. Reasonable cross-examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony.
(d) The appellant shall have the burden of proof to establish by a preponderance of the evidence:
(1) That there was an error in the decision or technical determination made by the Director of Planning and Development, the CMMSO, or any of the reviewing divisions;
(2) That one or more of the requirements of Section 655.112 of this Chapter are satisfied, such that the necessary public facilities and services shall be available concurrent with the impacts of the development;
(3) That the requirements of Section 655.109(a) or (e) have been met or
(4) That there was an error in the calculation of the Mobility fee.
(e) In the instance of an appeal alleging an error in the calculation of the Mobility fee, an appellant may request that the hearing officer receive and consider findings of fact by a licensed professional traffic engineer (P.E.), provided by the appellant at his sole cost and expense, in reviewing the calculation of the Mobility fee and application of the standards and measures in the Concurrency and Mobility Management System Handbook. Such a request shall be filed with the notice of appeal. If such a request is filed, then, in conjunction with appointing the hearing officer as provided in subsection (g) of this Section, a traffic engineer ("appointed advisor") shall be appointed by the Office of the General Counsel from among the members of the Technical Advisory Committee appointed pursuant to Section 655.122. The provisions applicable to the hearing officer set forth in subsection (g) of this Section regarding ex parte communications and compensation also shall apply to the appointed advisor. The appointed advisor shall be privy to all filings of the parties in the appeal, shall attend the hearing, and may question witnesses. Within 15 days after the hearing, the appointed advisor shall distribute to the hearing officer and the parties a report regarding the facts presented by the parties, including factual findings. The hearing officer shall consider the report of the appointed advisor, and, in issuing the decision in the appeal, the hearing officer may overturn the findings of fact of the appointed advisor only upon concluding that the record contains no competent and substantial evidence supporting the findings of fact by the appointed advisor.
(f) Within 30 days after the hearing, the hearing officer shall issue to the CMMSO a written decision which shall affirm, reverse, modify or remand the decision of the CMMSO for further consideration. In the event the decision of the hearing officer effects a denial of a CCAS or CRC, the applicant is entitled to the continuation of reserve capacity and opportunity to execute a notice of intent to negotiate a Memorandum of Agreement as provided in Section 655.111(b)(4)(iv). In the appeal of a calculation of a mobility fee, the appellant may elect to pay the fee as initially set by the CMMSO pending the outcome of the appeal. Such payment shall allow the appellant to proceed with approval of plans or permits as provided in Section 655.503. If the hearing officer decides that there was an error in the calculation of the mobility fee and that the appellant is entitled to a refund of a fee so paid, then, within 60 days after the hearing officer's decision, the City shall refund such portion of the fee paid by the appellant as decided by the hearing officer.
(g) In the event of an appeal by an applicant, the Office of General Counsel shall appoint, after consultation with the CMMSO and the applicant, a hearing officer to hear the appeal. The hearing officer shall be a Circuit Court Mediator certified by the Supreme Court of Florida. Upon the appointment of a hearing officer in an appeal, the applicant and CMMSO and reviewing division personnel are prohibited from communicating ex parte with the hearing officer regarding the appeal pending before him. The hearing officer shall be compensated as determined by the CMMSO, which compensation shall be paid by the applicant prior to the date of the hearing as part of the fee for the appeal. Any person serving as a hearing officer and any firm with which he or she is associated is prohibited from acting as agent in any application or proceeding before any agency, board or commission of the City involving the property which was the subject of the appeal.
(h) The Planning and Development Department shall be the custodian of all documents, including the application, the CMSO's decision and the record of the proceedings.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 8; Ord. 95-25-19, § 1; Ord. 2011-536-E, § 1; Ord. 2014-183-E, § 1; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.115 Exhaustion of administrative remedies.
Sec. 655.115. - Exhaustion of administrative remedies.
No person aggrieved by any requirement, decision or determination by the Director of Planning and Development, the CMMSO or any reviewing division pursuant to this Chapter in applying the provisions of this Chapter to any application or request for the issuance of a final development order or final development permit may apply to the court for relief unless he has first exhausted all administrative remedies provided in Section 655.114.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 9; Ord. 2011-536-E, § 1)
Jacksonville Ordinance Code § 655.116 Schedule of fees.
Sec. 655.116. - Schedule of fees.
The fees listed below can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees.
The following categories of activities shall apply to the schedule of fees. The effective date and time of filing the application shall be upon receipt of the required fee by the Tax Collector.
(a) Application for a CRC not preceded by a CCAS:
(1) Formal review:
(i) For residential, new building: a fee per dwelling unit up to 500 units, of which an amount is designated for public school concurrency testing. An amount per dwelling unit for any additional units over 500 units, of which an amount is designated for Duval County public schools, not including charter schools, concurrency testing.
(ii) For nonresidential, new building: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount designated per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.
(iii) For nonresidential, addition: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount designated per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.
(iv) For nonresidential, alterations and/or repairs: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount designated per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.
(2) Informal review
(b) Application for a CRC preceded by a CCAS:
(1) For residential, new building: a fee per dwelling unit up to 500 units, of which an amount is designated for public school concurrency testing, and an amount per dwelling unit for any additional units over 500 units, of which an amount is designated for public school concurrency testing.
(2) For nonresidential, new building: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.
(3) For nonresidential, addition: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.
(4) For nonresidential, alterations and/or repairs: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.
(5) Informal Review.
(c) Application for CCAS:
(1) For residential, new building: a fee per dwelling unit up to 500 dwelling units, of which an amount is designated for public school concurrency testing. An amount per dwelling unit for each additional unit over 500 units, of which an amount is designated for public school concurrency testing.
(2) For nonresidential, new building: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.
(3) For nonresidential, addition: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.
(4) For nonresidential, alterations and/or repairs: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.
(d) Application for VPAC:
(1) For residential development: a fee per dwelling unit up to 1,000 dwelling units. An amount per dwelling for any additional dwelling units over 1,000 units.
(2) For nonresidential development: a fee per 1,000 square feet up to 1,000,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 1,000,000 square feet of enclosed space.
(e) De minimis concurrency and Mobility fee review.
(f) Appeals of CMMSO, Director of Planning and Development or reviewing division decision, plus hearing officer compensation to be determined by Office of General Counsel: a fee for the appeal and a deposit on the hearing officer.
(g) Special trip generation or traffic study: per hour or then current cost of consultant whichever is greater.
(h) Concurrency time extensions.
(i) Mobility Fee Calculation Certificate.
(j) Mobility Fee Contract application.
(k) Mobility Fee Letter.
(l) Mobility Fee Credit Letter.
(m) Transfer of Mobility fee certificate.
(n) All agencies, independent authorities and departments of the City of Jacksonville, as well as all departments and agencies of the state and federal government, are exempt from the requirement to pay Concurrency and Mobility Management System fees.
(o) The CMMSO shall coordinate the transfer of the identified public school concurrency testing fees collected pursuant to this Section to the DCPS quarterly.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 10; Ord. 93-120-111, § 4; Ord. 2004-1003-E, § 9; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1; Ord. 2017-665-E, § 28; Ord. 2019-254-E, § 2; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.117 No taking construed.
Sec. 655.117. - No taking construed.
Nothing in this Chapter shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation without due process of law.
(Ord. 90-1251-571, § 1)
Jacksonville Ordinance Code § 655.118 Reserved.
Jacksonville Ordinance Code § 655.119 Computation of time.
Sec. 655.119. - Computation of time.
If any filing deadline set forth herein falls on a Saturday, Sunday or on a legal holiday, the deadline shall extend until the end of the next day that is neither a Saturday, Sunday or legal holiday.
(Ord. 90-1251-571, § 1)
Jacksonville Ordinance Code § 655.120 Enforcement.
Sec. 655.120. - Enforcement.
(a) A person who shall violate provisions of this Chapter shall be deemed guilty of a class D offense.
(b) In addition to the penalties provided hereinabove for violations of this Chapter, any violation of this Chapter shall be subject to appropriate civil action in the court of competent jurisdiction.
(Ord. 90-1251-571, § 1)
Jacksonville Ordinance Code § 655.121 Public notice and advertisement methods.
Sec. 655.121. - Public notice and advertisement methods.
Any public notice or advertisement required in this Chapter to be published in a newspaper of general circulation is also permitted to be published via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website).
(Ord. 2023-187-E, § 13)
Jacksonville Ordinance Code § 655.122 Concurrency and Mobility Management System Handbook.
Sec. 655.122. - Concurrency and Mobility Management System Handbook.
(a) Annually, by June 15 of each calendar year, the CMMSO shall develop an updated Concurrency and Mobility Management System Handbook for Jacksonville, Florida ("Handbook"), as the official document containing the current procedures, methodologies and criteria to be used by the City in implementing this Chapter. These procedures, methodologies and criteria shall include the assumptions and formula inputs used by the Division in calculating Mobility fees pursuant to Section 655.503(e), such as the recommended process and data set forth in the Institute of Transportation Engineers (ITE) most recent edition of Trip Generation Manual. The intent of the Handbook is to publish for applicants and the public clear, uniform, and objective standards for the calculation of Mobility fees. Trip Generation Manual shall be used by the Division in calculating the Development Daily Vehicle Trips of the proposal and of the Existing Uses on the property, unless there is a special trip generation study approved by the Planning and Development Department. Trip Generation Manual shall also be used for pass-by capture, internal capture, and diverted link trips as those concepts are recommended for use by the ITE.
(b) To assist the CMMSO in the development of an updated Handbook regarding the Mobility System, the President of the City Council shall appoint a Technical Advisory Committee ("TAC"), consisting of three licensed professional traffic engineers (P.E.). The TAC may adopt by-laws for the conduct of its meetings, which shall be noticed and open to the public and subject to all applicable Florida Sunshine Laws. Members of the TAC shall serve for two years through June of the applicable calendar year. Upon expiration of the terms, the President shall either re-appoint existing members or appoint new members. The CMMSO shall work with the TAC in preparing the updated Handbook. By June 15 of each calendar year, the CMMSO shall forward to the committee(s) of reference of the City Council for the subject matters of land use and transportation, a draft of the updated Handbook, accompanied by a report from the TAC containing its recommendations regarding the updated Handbook. Upon review and approval of the updated Handbook by the committee(s) of reference, subject to City Council approval, the updated Handbook shall remain in effect, shall be provided to the public on-line, and shall be used by the CMMSO until the next update. Updates to the Handbook regarding concurrency (non-transportation issues) will be performed by the Department.
(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 11; Ord. 98-576-E, § 1; Ord. 2011-536-E, § 1; Ord. 2014-183-E, § 2; Ord. 2022-909-E, § 1)
Jacksonville Ordinance Code § 655.123 Reserved.
Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXVIILAUS_CH655COMOMASY_PT1GEPRFetched: 10/27/2026