Question 1

What are off-site improvements in Florida development?

Accepted Answer

Off-site improvements are infrastructure and public improvements that a developer is required to construct or fund outside the boundaries of the development project. Common off-site improvements include: roads (widening, turning lanes, traffic signals at intersections serving the development), utilities (water mains, sewer lines, and stormwater facilities extending from the development to the existing public system), sidewalks and bike paths (connecting the development to existing pedestrian and bicycle infrastructure), and parks and recreational facilities (contributions to public parks to serve the new residents).

Question 2

Who pays for off-site improvements in Florida?

Accepted Answer

Cost allocation: the developer typically pays for off-site improvements through: impact fees (one-time fees assessed by the local government to fund infrastructure needed to serve new development; Section 163.31801), proportionate share contributions (the developer’s share of road and utility improvements based on the project’s proportional impact), developer agreements (negotiated agreements with the local government specifying the developer’s improvement obligations), and conditions of approval (the local government’s site plan or PUD approval may require specific off-site improvements as conditions).

Question 3

What legal issues arise with off-site improvements in Florida?

Accepted Answer

Legal issues: exactions (government requirements for off-site improvements must satisfy the "rough proportionality" test under Dolan v. City of Tigard: the requirement must be roughly proportional to the development’s impact), impact fee challenges (Section 163.31801 provides procedures for challenging impact fees that are not based on the most recent, localized data), vested rights (if the developer has vested rights based on prior approvals, the government may not be able to impose new off-site improvement requirements), and cost recovery (the developer may be entitled to reimbursement for off-site improvements that benefit other properties; the developer should negotiate credit and reimbursement provisions).

Off-Site Improvements

Off-Site Improvements in Florida Development

Common Improvements

Funding

Legal Issues

Related Terms

Barnes Walker Land Use

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