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The Comprehensive Plan Capital Improvements Element

The Comprehensive Plan Capital Improvements Element. Session Agenda. What’ new? SB 360 Other statutory & rule requirements Capital projects, funding, & financial feasibility Schedule of capital improvements CIE amendment Fiscal Impact Analysis Tools you can use FIAM Alternatives Q & A.

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The Comprehensive Plan Capital Improvements Element

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  1. The Comprehensive Plan Capital Improvements Element

  2. Session Agenda • What’ new? SB 360 • Other statutory & rule requirements • Capital projects, funding, & financial feasibility • Schedule of capital improvements • CIE amendment • Fiscal Impact Analysis • Tools you can use • FIAM • Alternatives • Q & A

  3. What’s New? • SB 360 (2005) made major changes to Ch. 163, F.S., regarding the CIE • Definition of financial feasibility • Proportionate transportation & school fair share • Required annual update of CIE & amendment • Inclusion of school district work program in CIE • Inclusion of MPO projects in CIE • Annual summary of de minimis transportation projects

  4. CIE Purpose? • 9J-5.016 - Purpose of the CIE is to: • Evaluate need for public facilities identified in other comp plan elements & analyze government fiscal capability to finance & construct improvements • Estimate cost of improvements & adopt policies to guide funding for which a local government has fiscal responsibility • Schedule improvements funding & construction to ensure that they are provided when required & include requirements that an adequate concur-rency management system will be implemented

  5. What Is A Capital Improvement? • 9J-5.003(12) defines capital improvements as large-scale & high-cost physical assets constructed or purchased to provide, improve, or replace a public facility • Capital improvement cost is generally non-recurring & may require multiyear financing • Physical assets identified as existing or projected needs in other comp plan elements are considered capital improvements

  6. Level-of-Service Standards • 163.3180(1)(a) - Sanitary sewer, solid waste, drainage, potable water, parks & recreation, schools (beginning 12/1/08), & transportation facilities, including mass transit are the only public facilities & services subject to the concurrency requirement on a statewide basis, but a local government can add others

  7. LOS Standards (Cont.) • 163.3164(24) defines public facility to include major capital improvements, e.g., transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks & recreation, health systems & facilities, & spoil disposal sites (with exceptions) • CIE is to contain policies that address the LOS standards for public facilities which are within a local government’s jurisdiction

  8. Financial Feasibility • 163.3164(32) – Means that sufficient revenues are currently availablefromcommitted funding sources for the first 3 years, or will be available fromcommitted or planned funding sources for years 4 and 5, of the schedule of capital improvements adequate to fund projected costs of improvements necessary to ensure that adopted LOS standards are achieved & maintained within the time period covered by the schedule

  9. Financial Feasibility (Cont.) • 163.3180(13)(d) - The Legislature recognizes that financial feasibility is an important issue because the premise of concurrency is that public facilities will be provided to achieve & maintain adopted LOS standards • Ch. 163 & Rule 9J-5 contain standards used to determine the financial feasibility of adopted capital programs to make concurrency more predictable & governments more accountable

  10. Financial Feasibility (Cont.) • 9J-5.003(29) defines “currently available revenue sources” as existing sources & amounts of revenue presently available to the local government • However, it does not includethe intent to increase the future level or amount of a revenue sources which is contingent on ratification by public referendum

  11. Financial Feasibility (Cont.) • 163.3164(32) – Planned, currently available, or committed funding sources can include: ad valorem taxes, bonds, state & federal funds, tax revenues, impact fees, & developer contributions • 9J-5.016(4)(a)2. - Projected or planned revenue sources may include government intent to increase the level or amount of a source which is contingent on ratification by public referendum

  12. Financial Feasibility (Cont.) • 163.3177(3)(a)5. - If a local government uses planned revenue sources that require referenda or other actions to secure the source, the planmust, if the referenda are not passed or actions do not secure the source, identify other existing revenue sources that will be used to fund capital projects or otherwise amend the plan to ensure financial feasibility

  13. Financial Feasibility (Cont.) • 163.3180(13)(d)1. – By 12/1/08 the CIE shall set forth a financially feasible public school capital facilities program, established in conjunction with the school board demonstrating that the adopted LOS standards will be achieved & maintained

  14. Financial Feasibility (Cont.) • 163.3177(2) – Comp plan elements are to be consistent & financially feasible determined by using professionally accepted methodologies • 163.3177(3)(a)5. - For capital improvements that will be funded by a developer, financial feasibility shall be demonstrated by being guaranteed in an enforceable development or interlocal agreement or other enforceable agreement

  15. Schedule of Capital Improvements • 9J-5.016(4)(a) - The schedule of capital improvements (the schedule), for which a local government has fiscal responsibility should reflect the need to: • Reduce existing deficiencies • Remain abreast of replacements • Meet future demand

  16. Schedule (Cont.) • 163.3177(3)(a)5. - The schedule includes publicly & privately funded projects necessary to ensure that adopted LOS standards are achieved & maintained • Privately-funded development & interlocal agreements must be reflected in the schedule if the capital improvement is necessary to serve development within the 5-year schedule

  17. Schedule (Cont.) • 163.3177(3)(a)6. - The schedule mustinclude transportation improvements found in the MPO transportation improvement program to the extent that they are relied upon to ensure concurrency & financial feasibility • The local schedule must also be coordinated with the MPO long-range transportation plan

  18. Schedule (Cont.) • 163.3177(6)(c) – By 12/1/07, if applicable, include water supply projects in the schedule • 163.3180(13)(b)2. – If applicable, public school LOS standards are to be included & adopted into the CIE • 163.3180(13)(d)1. – By 12/1/08, include public school projects & identify school prop fair-share projects

  19. Schedule (Cont.) • 163.3180(16)(b)1. – By 12/1/06 required inclusion of transportation proportionate fair share in the schedule • Mitigation can be used if projects are “specifically identified for funding” in the schedule • Projects must be in the schedule if proportionate fair share mitigation is anticipated • 163.3180(16)(f) – Transportation improve-ments funded by proportionate share mitigation must be adopted into the schedule at the next CIE update

  20. CIE Amendment • 163.3177(3)(b)1. - The CIE must be reviewed on an annual basis & modified as necessary in order to maintain a financially feasible 5-year schedule • 163.3187(1)(f) - Any amendment that changes the schedule or is directly related to it, may be made once in a calendar year on a date different from the two regular amend-ment times when necessary to coincide with the adoption of the budget & capital improvements program

  21. CIE Amendment (Cont.) • Corrections & modifications regarding costs; revenue sources; or acceptance of facilities from dedications which are consistent with the plan may be done by ordinance & shall not be deemed to be comp plan amendments • 163.3177(3)(b)1. –A CIE amendment is required to update the schedule on an annual basis or to eliminate, defer, or delay the construction of facilities in the existing schedule

  22. CIE Amendment (Cont.) • If the annual CIE amendment is not adopted & transmitted, a local government may not amend its FLUM, except to meet new requirements & for emergencies [163.3187(1)(a)] after 12/1/2007 unless & until it has adopted & transmitted the update • 163.3177(3)(b)2. – CIE amendments require only a single ordinance adoption public hearing

  23. CIE Amendment (Cont.) • 163.3177(3)(c) - If a local government does not adopt the required annual update to the schedule or the annual update is found not in compliance, the state land planning agency must notify the Administration Commission • A local government that has a demonstrated a lack of commitment to meet its CIE obligations may be subject to sanctions by the Commission

  24. CIE Amendment (Cont.) • 9J-11.011(5) – After 12/1/07, FLUM amendments mustinclude a statement that the annual CIE update was adopted • 9J-11.011(8) – If amendment is the annual CIE update or it eliminates, defers, or delays a facility listed in the schedule, then a copy of the ordinance & other items must be submitted • 163.3180(6) – Include the annual summary of de minimis transportation projects showing that the 110% criteria is not exceeded

  25. CIE Update? • When data & analysis is updated, the CIE project criteria should be also • Define a capital item for the CIE differently than it is for your local CIP • A capital item usually has a higher dollar amount & a longer life • Include only facilities/projects necessary to maintain/improve adopted LOS standards

  26. CIE Update (Cont.) • Discuss assumptions used to support CIE financial feasibility, e.g., • Tax or fee increases/decreases • Local/regional/state/national economic projections • Reasonable expectations for the future • PAO projections • Inflation projections if used

  27. CIE Update (Cont.) • 9J-5.016(1)(c) – Existing revenue sources and funding mechanisms shall beinventoried, i.e., listed • List sources along with a short explanation of what revenue is realized from them • Inventory only those sources that can be/are available for capital improvement financing, e.g., you don’t have to inventory intergovern-mental transfers if those monies are not used or available

  28. CIE Update (Cont.) • 9J-5.016(2)(f) - Forecastanticipated/new revenue sources for 5 years • Include in forecast prop share if applicable • 163.3164(32) definition of financial feasibility refers to sufficient revenues that are currently available from committed funding sources for the first 3 years, or will be available from committed or planned funding sources for years 4 and 5

  29. CIE Update (Cont.) • Integrate into your CIE only those MPO projects that are located within your jurisdiction or that maintain adopted LOS • If you have no public schools, are not a signatory to the interlocal agreement, and/or are otherwise exempt, state that in the CIE data & analysis

  30. CIE Update (Cont.) • You do not need an extensive discussion of issues only to conclude that they are either not applicable to your jurisdiction or that you have no capital improvements • DCA suggests development of a public facilities capacity analysis to identify facility demands & capacity • If needs exceed committed or planned revenues, include long-term strategies in the update to address the deficiencies

  31. Q & A

  32. Resources • A Guide to the Annual Update of the Capital Improvements Element at: http://www.dca.state.fl.us/GrowthManagement2005/PDF/AnnualUpdateGuideCIE81606.pdf • Chapters 9J-5 & 9J-11, Florida Administrative Code at: http://election.dos.state.fl.us/fac/index.shtml • Sections 163.3177 & 3180, Florida Statutes • Senate Bill 360 (2005 Legislative Session) at: http://www.flsenate.gov

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