Sec. 655.301. - Existing valid fair share contracts.

The Council declares as a matter of public policy that the implementation of F.S. § 163.3180(11), is a public necessity and is important in the protection and enhancement of the quality of life in the City of Jacksonville and State of Florida. (a) The adoption of the Mobility System and Part 5 of this Chapter does not abridge or modify any rights or any duties or obligations set forth in any validly existing fair share assessment contract or any other contract relating to a valid fair share contract. The development authorized by a fair share assessment contract may be completed in reliance upon and pursuant to the terms of the fair share assessment contract unless the developer or landowner has requested to terminate the fair share assessment contract or a portion of the rights set forth in the fair share contract as set forth in subsection (b) below. Any proposed change to a development which is governed by a fair share assessment contract and 1) increases the trip generation of the development, or 2) changes the trip distribution of the development shall be governed by the requirements of Part 5 of this Chapter. (b) If requested by the developer or landowner, the fair share assessment contract or a portion of the rights set forth in a fair share contract shall be administratively terminated by the Director of the Planning and Development Department upon a showing that all required payments or other mitigation related to the amount of development that has commenced on or before the date of termination has been paid or mitigation completed. In order to terminate a fair share contract or a portion of the rights under a fair share contract under this Section, the developer or landowner shall submit a notarized affidavit to the Director of Planning and Development acknowledging that no outstanding rights to be terminated have been transferred to other parties. Additionally, the developer or landowner shall at least 30 days prior to termination provide written notice of all owners of real property within that portion of the fair share contract proposed to be terminated. Evidence of the written notice shall also be submitted to the Director of Planning and Development. If the fair share contract is terminated or portion of rights in any fair share contract are terminated, any future development subject to the termination would be governed by Part 5 of this Chapter. (Ord. 2011-536-E, § 1; Ord. 2022-909-E , § 3)