What is Broward County Charter Amendment Two?
Recently, Broward County Commissioners voted to place the following ballot question on the November 3, 2020 ballot:
COUNTY REGULATION OF THE DEVELOPMENT OF SURTAX-FUNDED TRANSPORTATION IMPROVEMENTS ON COUNTY PROPERTY
“To facilitate implementation of surtax-funded improvements to the countywide transportation system, shall the Broward County Charter be amended to provide that County ordinances regulating the development, including zoning, permitting, construction, operation, or administration, of transportation improvement projects that are (1) on County-owned or County-leased property and (2) funded in whole or in part with proceeds from the transportation surtax approved by the County’s voters in 2018, prevail over conflicting Municipal ordinances?”
FINANCIAL IMPACT STATEMENT: It is estimated that this amendment will have no financial impact to Broward County.
When was this ballot question decided on?
On August 20, 2020, the Board of County Commissioners by a 6-3 vote adopted Resolution 2020-361, which placed a proposed amendment to Section 11.01 of the County Charter on the ballot for voter consideration at the November 3, 2020 election.
Where can I view the proposed resolution approved by Broward County?
The resolution is available for your review here.
What is Home Rule?
The power of a local town, city or county to set up its own system of governance and pass local ordinances effective within its jurisdictional boundaries
Could the amendment impact the Town of Davie’s Home Rule?
This amendment has the potential to impact the Town’s home rule authority by superseding the Town’s rules and regulations as it relates to zoning, permitting, construction, architectural and landscaping of certain County transportation improvement projects within the Town.
How will this impact municipalities?
Should this amendment pass, Broward County will have the authority to bypass local municipal zoning, permitting and construction processes for certain transportation projects within municipal boundaries. While the county has said they will discuss plans with the impacted municipality, if they do not come to an agreement, the county will have the authority to move forward with the project without municipal approval.
Where will the improvement projects take place?
The County’s authority will prevail over the Town of Davie’s rules on County-owned or leased property located within the Town of Davie as well as future properties purchased or leased by the County for transportation purposes.
What is a Surtax?
A surtax is generally assessed to fund a specific government program, whereas regular income or sales taxes are used to fund a variety of programs. A surtax can be calculated as a percentage of a certain amount of it can be a flat dollar amount.
How are these projects being funded?
Expenses for transportation improvement projects will be funded with the thirty-year Regional Transportation System Sales Surtax (the “Transportation Surtax”) one percent surtax that was approved by voters in 2018.
What does “local zoning and land use policy” in the Town of Davie entail?
In Broward County, while some aspects of growth management and land use are governed by State or County laws, municipal zoning and land development regulations provide the critical “fine tuning” necessary to protect existing resources and neighborhoods from undue impacts and to ensure that new development is consistent with locally established goals and policies. Resources that require special protection at the municipal level may include historic or cultural sites, recreation areas, open spaces and wildlife habitats. Municipal ordinances to protect or enhance specific local resources may include special architectural overlay districts and infrastructure requirements to maintain the integrity of scenic corridors and trail systems. Local ordinances of this type typically require extensive public outreach efforts in order to achieve consensus on the policy goal and the funding necessary for implementation.
Why should this matter to me?
The Town of Davie has predefined zoning, construction, and permitting requirements to ensure that infrastructures are built and maintained according to the Town’s standards. The Town also ensures its residents have input in the process through community meetings, etc.