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Codes/Ordinances
Sustainable Communities Demonstration Project
State of Florida
Dept. of Community Affairs
(1996 Legislature - Section 15 from HB 2705)
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The Department of Community Affairs is authorized to undertake a sustainable
communities demonstration project. Up to five local governments may be
designated under this section. At least three of the local governments
shall be located totally or in part within the boundaries of the South
Florida Water Management District. In selecting the local governments to
participate in this demonstration project, the department shall assure
participation by local governments of different sizes and characteristics.
It is the intent of the Legislature that this demonstration project shall
be used to further six broad principles of sustainability: restoring key
ecosystems; achieving a more clean, healthy environment; limiting urban
sprawl; protecting wildlife and natural areas; advancing the efficient
use of land and other resources; and creating quality communities and jobs.
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A local government may apply to the department in writing requesting consideration
for designation under the demonstration program. The local government shall
describe its application with documents regarding its compliance with criteria
set forth in this section.
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In determining whether to designate all or part of a local government as
a sustainable community, the department shall:
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Assure that the local government has set an urban development
boundary or functionally equivalent mechanisms, based on projected needs
and adequate data and analysis, that will:
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Encourage urban infill at appropriate densities and intensities,
separate urban and rural uses, and discourage urban sprawl development
patterns while preserving public open space and planning for buffer-type
land uses and rural development consistent with their respective character
along and outside of the urban boundary.
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Assure protection of key natural areas and agricultural lands.
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Ensure the cost-efficient provision of public infrastructure
and services.
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Consider and assess the extent to which the local government
has adopted programs in its local comprehensive plan or land development
regulations which:
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Promote infill development and redevelopment, including prioritized
and timely permitting processes in which applications for local development
permits within the urban development boundary are acted upon expeditiously
for proposed development which is consistent with the local comprehensive
plan.
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Promote the development of housing for low-income and very
low-income households or specialized housing to assist elders and the disabled
to remain at home or in independent living arrangements.
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Achieve effective intergovernmental coordination.
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Promote economic diversity and growth while encouraging the
retention of rural character, where rural areas exist, and the protection
and restoration of the environment.
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Provide and maintain public urban and rural open space and
recreational opportunities.
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Manage transportation and land uses to support public transit
and promote opportunities for pedestrian and nonmotorized transportation.
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Use urban design principles to foster individual community
identity, create a sense of place, and promote pedestrian-oriented safe
neighborhoods and town centers.
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Redevelop blighted areas.
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Improve disaster preparedness programs and the ability to
protect lives and property, especially in coastal high-hazard areas.
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Encourage clustered, mixed-use development which incorporates
greenspace and residential development within walking distance of commercial
development.
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Demonstrate financial and administrative capabilities to
implement the designation.
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Demonstrate a record of effectively adopting, implementing,
and enforcing its comprehensive plan.
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Consider and assess the extent to which the local government
has the support of its regional planning council governing board in favor
of the designation.
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The department shall designate all or part of a local government
as a sustainable community by written agreement, which shall be considered
final agency action. The agreement shall include the basis for the designation,
any conditions necessary to comply with the intent of this section, including
procedures for mitigation of extra jurisdictional impacts of development
in jurisdictions where developments of regional impact would be abolished
or modified, and criteria for evaluating the success of the designation.
Subsequent to executing the agreement, the department may remove the local
government's designation if it determines that the local government is
not meeting the terms of the designation agreement. If an affected person,
as defined by s. 163.3184(1)(a), Florida Statutes, determines that a local
government is not complying with the terms of the designation agreement,
he or she may petition for administrative review of local government compliance
with the terms of the agreement, using the procedures and timeframes for
notice and conditions precedent described in s. 163.3213, Florida Statutes.
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Upon designation as a sustainable community, the local government
shall receive the following benefits:
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All comprehensive plan amendments affecting areas within
the urban growth boundary or functional equivalent shall be adopted and
reviewed in the manner described in ss. 163.3184(1), (2), (7), (14), (15),
and (16) and 163.3187, Florida Statutes, such that state and regional agency
review is eliminated. The department shall not issue an objections, recommendations,
and comments report on proposed plan amendments or a notice of intent on
adopted plan amendments; however, affected persons, as defined by s. 163.318(1)(a),
Florida Statutes, may file a petition for administrative review pursuant
to the requirements of s. 163.3187(3)(a), Florida Statutes, to challenge
the compliance of an adopted plan amendment. Plan amendments that would
change the adopted urban development boundary, impact lands outside the
urban development boundary, or impact lands within the coastal high-hazard
area shall be reviewed pursuant to ss. 163.3184 and 163.3187, Florida Statutes.
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Developments within the urban growth boundary and outside
the coastal high-hazard area are exempt from review pursuant to ss. 380.06
and 380.061, Florida Statutes, to the extent established in the designation
agreement.
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The Executive Office of the Governor shall work with other
departments to emphasize programs in designated local governments in the
areas of job creation; crime prevention; environmental protection and restoration
programs; solid waste recycling; transportation improvements, including
highways, transit, and nonmotorized transportation projects; sewage treatment
system improvements; expedited and prioritized funding initiatives; and
other programs that will assist local governments to create and maintain
self-sustaining communities.
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The Secretary of the Department of Environmental Protection,
the Secretary of Community Affairs, the Secretary of Transportation, The
Commissioner of Agriculture, the Executive Director of the Game and Fresh
Water Fish Commission, and the Executive Directors of the five water management
districts shall have the authority to enter into agreements with landowners,
developers, businesses, industries, individuals, and governmental agencies
as may be necessary to effectuate the provisions of this section.
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Once designated as a sustainable community pursuant to this
section, the local government shall provide a progress report to the department
and the Advisory Council on Intergovernmental Relations each year on the
anniversary date of its designation that identifies plan amendments adopted
during the year, updates the future land use map, and advises whether the
local government continues to comply with the designation agreement. Beginning
December 1, 1997, and each year thereafter, the department shall provide
a report to the Speaker of the House of Representatives and the President
of the Senate regarding the successes and failures of this demonstration
project. The report shall include any recommendations for legislative action
to modify or repeal the project.
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The designation of a local government as a sustainable community
under this section shall be for a period of 5 years, unless otherwise revoked
or renewed by the department. The designation may be renewed if the department
determines that the local government is complying with the terms of its
agreement, showing continuing progress toward sustainable goals, and the
demonstration project is still in effect.
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This section shall stand repealed on June 30, 2001, and shall
be reviewed by the Legislature prior to that date.
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If this section is repealed, all designations shall terminate
as of the effective date of the repeal.
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