WATER QUALITY COMPENSATORY CREDITS

Jacksonville Ordinance Code tit. IV, ch. 55, pt. 2

in effect

Jacksonville Ordinance Code § 55.201 Intent.

Sec. 55.201. - Intent. It is the intent of the City to effectively manage the quantity of stormwater facilities and ponds constructed by developers for downtown development projects. The City desires to offer stormwater facility water quality compensatory credits for sale to developers, or provide such credits to developers as redevelopment agreement incentives, as an alternative solution to meeting the stormwater facility water quality requirements for downtown development projects. (Ord. 2017-516-E, § 1)

Jacksonville Ordinance Code § 55.202 Definitions.

Sec. 55.202. - Definitions. (a) CAO shall mean the City's Chief Administrative Officer. (b) City Stormwater Permit shall mean the St. Johns River Water Management District Permit No. 18269-1, as may be amended. (c) Downtown Investment Authority or "DIA" shall mean the board established pursuant Section 55.104, Ordinance Code. (d) Development project shall mean a development project located in the downtown area. (e) Director shall mean the Director of the Public Works Department. (f) Downtown area shall mean the land boundaries of the Jacksonville downtown area defined in Section 55.105, Ordinance Code. (g) Water Quality Compensatory Credit(s) or Credit(s) shall mean intangible property interest being sold, or transferred as an incentive pursuant to a redevelopment agreement, by the DIA pursuant to this Section that represents a certain portion of the City's surplus stormwater facility water quality compensatory credits under the City Stormwater Permit. (h) Water Quality Compensatory Credit Ledger or Ledger shall mean the ledger to be maintained by the Director and updated regularly as needed to document all Credit transfers made by the City pursuant to this Section. (Ord. 2017-516-E, § 1)

Jacksonville Ordinance Code § 55.203 Authority.

Sec. 55.203. - Authority. The DIA is authorized to sell Water Quality Compensatory Credits to a developer for a fee for use in a development project, or provide such credits to a developer as an incentive pursuant to a redevelopment agreement under Chapter 55, Part 1, Ordinance Code, in accordance with the requirements of this Part and subject to the prior approval of the CAO and the Director. (Ord. 2017-516-E, § 1)

Jacksonville Ordinance Code § 55.204 Credit Application Process.

Sec. 55.204. - Credit Application Process. A developer seeking to obtain Water Quality Compensatory Credits for a development project pursuant to this Part, shall submit a written request to the DIA Chief Executive Officer. Such request shall contain at a minimum the following information and such other information as required by the DIA Chief Executive Officer and the Director: (1) Name and contact information, including address, phone number, fax number and email, for the Developer; (2) Location and brief description of the development project; (3) Certified copy of the engineering plans for the development project; (4) Name and contact information, including address, phone number, fax number and email, for the engineer of record; and (5) Number of Water Quality Compensatory Credits requested by the developer to meet the stormwater facility water quality requirements for the development project. Upon receipt of a written request from a developer, the DIA Chief Executive Officer shall forward such request to the Director for review and to determine the Credit fee pursuant to Section 55.205, Ordinance Code. At such time that the Director has determined the Water Quality Compensatory Credit fees for the development project, the Director or designee shall notify the DIA Chief Executive Officer and the developer of the fees. If based on the fees the developer agrees to consummate the Credit sale, the DIA Chief Executive Officer shall proceed with obtaining the necessary approvals from the CAO, the Director and the DIA Board. In no event shall the City transfer Water Quality Compensatory Credits to a developer until the developer has (i) executed an agreement under Section 55.207 below and paid the City for such Credits (i.e., Credit sale); or (ii) complied with the terms of an executed redevelopment agreement regarding such Credits (i.e., Credit incentive). (Ord. 2017-516-E, § 1)

Jacksonville Ordinance Code § 55.205 Credit Fees.

Sec. 55.205. - Credit Fees. A developer shall pay a fee for each Credit sold pursuant to this Part. Such fee shall be determined by the Director based on the design costs, construction and inspection costs, and the ongoing operation and maintenance costs necessary to construct and maintain a stormwater facility or pond for the development project. (Ord. 2017-516-E, § 1)

Jacksonville Ordinance Code § 55.206 Proceeds from Credit Sale.

Sec. 55.206. - Proceeds from Credit Sale. Proceeds from the sale of Water Quality Compensatory Credits pursuant to this Part shall be deposited into the Stormwater Services Capital Projects Fund in a project account designated for Stormwater Capital and Maintenance Projects that benefit the downtown area in improving water quality and helping the City earn Basin Management Action Plan (BMAP) credits. The appropriation of these funds shall require City Council approval. (Ord. 2017-516-E, § 1)

Jacksonville Ordinance Code § 55.207 Agreement Terms.

Sec. 55.207. - Agreement Terms. Prior to or contemporaneously with the transfer of Water Quality Compensatory Credits pursuant to this Part, a developer shall agree via a separate agreement or redevelopment agreement in a City approved form to: (1) Adhere to the terms and conditions of the City Stormwater Permit; (2) Adhere to the terms and conditions of the Downtown Development Area Master Permit; (3) Provide for an option for the City to buy back the credits sold if they are not used within five years at the original price they were sold to the developer; and (4) Adhere to any other terms as determined by the Public Works Director to protect the City's interests under the City Stormwater Permit. (Ord. 2017-516-E, § 1)

Jacksonville Ordinance Code § 55.208 Coordination; Credit Ledger.

Sec. 55.208. - Coordination; Credit Ledger. The Director, or designee, shall be responsible for keeping and maintaining the Water Quality Compensatory Credit Ledger. The Ledger shall contain information regarding the transaction history and relevant details for all Credit transfers pursuant to this Part, including, but not limited to, the number of Credits transferred, the project name, the developer name, the Credit fee per transfer, and the balance of Credits remaining under the City Stormwater Permit. (Ord. 2017-516-E, § 1)

Jacksonville Ordinance Code § 55.209 Credits to run with the land; Transferability; Development Project Changes.

Sec. 55.209. - Credits to run with the land; Transferability; Development Project Changes. Water Quality Compensatory Credits transferred pursuant to this Part shall run with and be appurtenant to the development project land. A developer may assign or transfer Credits obtained pursuant to this Part in connection with the sale, assignment or transfer of the development project land. If after the Credit transfer date, the development project changes and the number of Credits necessary for such development decreases, a developer shall not be entitled to receive a Credit reduction or Credit refund payment from the City. If after the Credit transfer date, the development project changes and the number of Credits necessary for such development increases, any appurtenant Credits to the development project land shall be used to meet the Credit requirements necessary for such changed development project. (Ord. 2017-516-E, § 1)

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=TITIVBOCO_CH55DOINAU_PT2WAQUCOCRFetched: 10/27/2026