Proportionate Share Mitigation Sample Clauses
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Proportionate Share Mitigation. In the event there is not sufficient FISH Capacity available to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.a, the School Board shall entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the local government and developer to mitigate the impact from the development through the creation of additional FISH Capacity.
(a) When the student impacts from a proposed development cause the adopted LOS to fail, the developer’s proportionate share will be based on the number of additional student stations necessary to meet the established LOS. The amount to be paid will be calculated by the cost per student station for elementary, middle, and high school as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program.
(b) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (¹Development students - Available FISH Capacity) x Total Costª per student station Where ¹Development students = Students generated by residential development that are assigned to that school ªTotal Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the Five Year District Facilities Work Program.
(c) The applicant shall be allowed to enter a negotiation period with the School Board in an effort to mitigate the impact from the development through the creation of additional FISH Capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable agreement with the School Board and the local government with jurisdiction over the approval of the development order.
1. A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a FISH Capacity project identified in the Five Year District Facilities Work Program. FISH Capacity projects identified within the first three (3) years of the Five Year District Faciliti...
Proportionate Share Mitigation. The Parties agree that the payment of Proportionate Share Mitigation in the total amount of $ 177,994 for the Development Proposal, or $ 1,679 per dwelling unit is an appropriate Proportionate Share Mitigation option necessary to maintain the Level of Service Standard for school capacity in the affected Concurrency Service Area or Concurrency Service Areas. Upon the final execution of this Agreement, the School District shall issue a revised School Concurrency Determination showing adequate mitigation. The duration and effect of this School Concurrency Determination shall be in accordance with the Interlocal Agreement and the Public School Facilities Element. However, in no event shall this School Concurrency Determination, or any capacity reservation based on this Determination, continue to be effective if the Applicant fails to perform its obligations under this Agreement. Conversely, once the Applicant has completely performed its obligations under this Agreement, the Applicant shall be entitled to rely on the School Concurrency Determination and capacity reservation to the extent of the capacity provided by the Proportionate Share Mitigation and once the Applicant has completely performed its obligations under this Agreement, such right of reliance shall survive the expiration of this Agreement.
Proportionate Share Mitigation. (a) The School Board shall consider proportionate share mitigation pursuant to provisions of this Amended Agreement. Such consideration shall be consistent with the mitigation provisions outlined herein and delineated in School Board Policy 1161, to be amended consistent with this Amended Agreement and as may be amended from time to time, regarding public school concurrency. If the proposed mitigation option is accepted and deemed financially feasible by the School Board, the applicant or Local Government shall enter into an enforceable and binding agreement.
(b) The binding agreement shall be filed against the property by the property owner, reviewed and approved by the School District, and recorded in Broward County public records by the property owner. Subsequently, the recorded agreement shall be provided to the School District, Broward County and Local Government with jurisdiction over the approval of the development order.
Proportionate Share Mitigation a) In the event that there is not adequate capacity available to support a development, the School Board may entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the developer and the local government to mitigate the impact from the development through the creation of additional school capacity.
b) When the student impacts from a proposed development would cause the adopted Level of Service to fail, the developer’s proportionate share mitigation for the development will be based on the number of additional student stations necessary to meet the established level of service. The amount to be paid will be calculated utilizing the cost per student station allocations for elementary, middle and high school, as established by the Florida Department of Education, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the School District’s Educational Facilities Plan (EFP)
1) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (Development studentsª - Available Capacity) x Total Cost¹ per student station Where ªDevelopment students = Students generated by development that are assigned to that school ¹Total Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the School District’s EFP.
Proportionate Share Mitigation. A developer improvement or contribution identified in a binding and enforceable agreement between the Developer, the School Board and the local government with jurisdiction over the approval of the development order to provide relief for the additional demand on public school facilities created through the residential development of the property, as set forth in Section 163.3180(6)(h).F.S.
Proportionate Share Mitigation. A developer improvement or contribution identified in a binding and enforceable agreement to satisfy the additional student impact created by proposed development containing residential units on deficient public school facilities, as set forth in Section 163.3180(13)(e), Florida Statutes, as amended.
Proportionate Share Mitigation. (a) The School Board shall consider proportionate share mitigation pursuant to provisions of this Amended Agreement. Such consideration shall be consistent with the mitigation provisions outlined herein and delineated in School Board Policy 1161, to be amended consistent with this Amended Agreement and as may be amended from time to time, regarding PSC. If the proposed mitigation option is accepted and deemed financially feasible by the School Board, the applicant or Local Government shall enter into an enforceable and binding agreement. Ongoing In 2023, no developer proffered proportionate share mitigation. N/A N/A (b) EVALUATION OF THIS SUBSECTION IS NOT NECESSARY
Proportionate Share Mitigation. The Local Governments, in coordination with the School Board, shall provide for mitigation alternatives that are determined by the School Board to achieve and maintain the adopted LOS standard consistent with the School District’s adopted 5-Year District Facilities Work Program.
Proportionate Share Mitigation. The Parties agree that the (NOTE: In the above blank, provide a description of the mitigation option or options being assured by the Agreement, such as: “dedication of forty acres of land for a high school,” “construction of an elementary school in the described in Exhibit “C” is an appropriate Proportionate Share Mitigation option necessary to maintain the Level of Service Standard for School Capacity in the affected Concurrency Service Area. Upon the execution of this Agreement, the School District shall issue a Finding of Available School Capacity pursuant to Section of the County/City Code of Ordinances. The duration and effect of this Finding of Available School Capacity shall be in accordance with Section of the County/City Code of Ordinances. However, in no event shall this Finding of Available School Capacity, or any School Concurrency Allocation based on this Finding, continue to be effective if the Applicant fails to perform his or her obligations under this Agreement. Conversely, once Applicant has completely performed his or her obligations under this Agreement, Applicant shall be entitled to rely on the Finding of Available School Capacity and School Concurrency Allocation to the extent that they are based on the School Capacity provided by the Proportionate Share Mitigation.
Proportionate Share Mitigation. In the event that there is not sufficient capacity in the affected concurrency service area or the adjacent concurrency service area, school concurrency shall be satisfied if the developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by actual development of the property. Acceptable mitigation will include payment for land acquisition or construction of a public school facility; or in the case of Developments of Regional Impact, the donation of land and/or the construction of educational facilities. Such options must include execution by the applicant and the local government of a binding development agreement that constitutes a legally binding commitment to pay proportionate‐share mitigation for the additional residential units approved by the local government in a development order and actually developed on the property, taking into account residential density allowed on the property prior to the plan amendment that increased overall residential density. The district school board shall be a party to such an agreement. Any proportionate‐share mitigation must be directed by the school board toward a school capacity improvement identified in a financially feasible 5‐year district work plan and which satisfies the demands created by that development in accordance with a binding developer's agreement. Proportionate share mitigation will be calculated by multiplying the number of additional student stations projected to be generated by the proposed development by the average cost per student station.