*LICENSE: CC0 1.0 Universal (Public Domain Dedication). To the extent possible under law, Timothy Smith has waived all copyright and related or neighboring rights to this instrument.* *ADOPTION NOTICE. **No attribution, notice, citation, credit, or acknowledgment of any kind is required in any adopted ordinance, executed agreement, staff report, or recorded instrument**, and no provision of this document shall be construed to require one. A jurisdiction may adopt, modify, renumber, or reject any portion without notice to or consent of the author. Attribution is requested only in derivative published works, and only as a courtesy.* --- *The release notes published with each release identify the current version of every instrument in this suite. Cross-references in this document are by instrument name and section only. In this document, “the Agreement” means the Model Host Community Development Agreement, and “the Ordinance” means Exhibit A, Data Center Standards, of the model data center standards ordinance. This document is a drafting guide, not Exhibit “B-1” itself.* **FLORIDA MODEL INSTRUMENTS FOR DATA CENTER DEVELOPMENT** # EXHIBIT “B-1”: IMPACT, NEXUS, AND PROPORTIONALITY FINDINGS ## Outline and Methodology *Model form. Remove this heading block, and every drafting note, before the County first makes the draft public.* **What this is.** A model-form drafting guide: the structure and method by which each adopting county prepares its own Exhibit “B-1,” the impact, nexus and proportionality findings on which the mitigation in a host community development agreement rests. Exhibit “B-1” is not Exhibit B, the Data Center Technical Manual. **What it does.** Parts 1 to 5 state what Exhibit “B-1” must do, its structure, the method rules, the order of preparation and the common failure modes. The obligations Agreement Section 4.1(a) names, such as the Physical Infrastructure Mitigation Payment, rest on the findings, as does the County purchase option (Agreement Section 7.4(d)). The Board sets each figure on the record within the range the findings support, and where they support none, none is due (1.5). **Works with.** Agreement Section 4.1 governs Exhibit “B-1.” Most inputs come from filings the Ordinance requires, with the contents its Technical Manual (Exhibit B) sets (Part 4). An adopted impact fee, including under the companion public safety and emergency power impact fee ordinance, governs its category (1.6). A ground lease of County land takes its Impact Findings (its Exhibit “B,” Part 2) from findings prepared as Agreement Section 4.1 provides. Exhibit “S” is the schedule of supplemental operating covenants an Agreement or lease may attach. **Before use.** Set aside each category an adopted impact fee covers (1.6), and settle which optional parts of the Agreement the findings must support, such as Module M2 (B-1.3.9) or the County purchase option (B-1.3). The County selects and directs the preparer (B-1.8). Derive every figure from the County’s own record (1.4). **Known gaps.** No county has adopted this model, and no licensed attorney has reviewed it. No Exhibit “B-1” has yet been prepared on this method. Findings under it support Agreement terms that rest on law that is not settled: emergency power at a public shelter (B-1.3.9) and the liquidated amounts for sound violations (B-1.3.11). The Open Legal Questions give the current reading of each. **Terms in brief.** - Approved Capacity and Phase: the maximum Aggregate Infrastructure Demand and critical IT load the Agreement authorizes, and each part of the Project the Agreement states, or adds by amendment, as a Phase (Agreement Section 1.1). - Abandonment: the cessation of substantially all compute operations for the period Agreement Section 7.3(a) states. - Connected Compute Load and Site Electrical Capacity: the Ordinance’s measures of nameplate computing capacity and of the rated capacity of every source of supply (Sec. 2). - AID, Aggregate Infrastructure Demand; PSC, Public Service Commission; IRP, integrated resource plan; WMD, water management district; BESS, battery energy storage system; CPI-U, the price index of Agreement Section 1.1. ## PART 1: WHAT EXHIBIT “B-1” HAS TO DO Exhibit “B-1” is the evidentiary foundation of every monetary and in-kind obligation in the Agreement. Seven functions, and it fails if it does not perform all seven. **1.1 Essential nexus.** Each obligation must connect to an impact the Project actually causes. *Nollan v. California Coastal Commission*, 483 U.S. 825 (1987). Exhibit “B-1” supplies the connection by identifying the impact before the remedy. **1.2 Rough proportionality.** Each obligation must be roughly proportional in nature and extent to the impact. *Dolan v. City of Tigard*, 512 U.S. 374 (1994). Individualized determination is required; a category-wide assumption is not enough. In Florida, s. 70.45, Florida Statutes, gives a property owner a claim against a condition that “lacks an essential nexus to a legitimate public purpose and is not roughly proportionate” to the impacts of the proposed use, with the burden of proof on the government. **1.3 Monetary obligations are covered.** *Koontz v. St. Johns River Water Management District*, 570 U.S. 595 (2013). The Physical Infrastructure Mitigation Payment, the First Responder amounts and every other monetary obligation are within the doctrine whatever they are called. **1.4 Legislative adoption does not lower the standard.** *Sheetz v. County of El Dorado*, 601 U.S. 267 (2024), holds that the Takings Clause does not distinguish between legislative and administrative permit conditions. It leaves open whether a condition imposed on a class of properties must be tailored with the same degree of specificity as one that targets a particular development; an Agreement for one Project is the second kind. The model-form problem follows from 1.2 and this holding: **a figure carried unchanged from another county’s agreement weakens the individualized showing for every county using it.** No number in any model instrument may travel. Each adopting county derives its own. **1.5 It sets and caps every figure.** The Board sets each figure in the Agreement on the record within the range this Exhibit supports, and where this Exhibit supports no figure, none is due (Agreement Section 4.1(c)). The low end is the hardest to challenge, because the County must show that each obligation is proportionate to the impact (s. 70.45, Florida Statutes); a higher figure needs a record that supports it. Under Section 4.1(c), a Payment that would exceed the impact values quantified in the most recently adopted Exhibit “B-1” is reduced to that ceiling automatically, without election, notice, or amendment. Section 6.2(a) caps compliance monitoring reimbursement at the lower of the stated annual amount and the cost quantified here. **Exhibit “B-1” is not background material. It is the number that controls payment, and it operates whether or not anyone invokes it.** **1.6 It measures only what no fee already covers.** Where the County has adopted an impact fee under s. 163.31801, Florida Statutes, for a category of capital facilities, including under the companion data center public safety and emergency power impact fee ordinance, the fee governs that category (Agreement Section 4.7(b)). Mark each such category “covered by impact fee” and derive no rate for it. Obligations that are not capital facilities, such as training, maintenance and fuel, remain measurable here. The fee rests on its own technical study for the whole use class; do not merge the two. **1.7 It measures impacts, not benefits.** A computing allocation, a workforce program or any other community benefit that answers no measured impact does not belong in this Exhibit or in the Agreement. Those items sit, if anywhere, in a private agreement to which the County is not a party, and the County neither measures nor values them. ## PART 2: STRUCTURE ### B-1.1 Baseline Conditions Pre-Project condition of each affected system, dated, with the source of each measurement. Without a baseline there is no marginal impact, only a total, and a total is not attributable to the Project. ### B-1.2 Project Description and Denominators **State all three capacity measures separately. Do not collapse them.** | Measure | Definition | Used as denominator for | | --- | --- | --- | | **Aggregate Infrastructure Demand** | The total electrical power drawn by the facility, or projected or authorized under the Agreement to be drawn, measured as the highest average demand over any fifteen (15) minute interval, the interval Sections 366.043(2)(d) and 373.203(4), Florida Statutes, use, inclusive of information-technology equipment, mechanical cooling, and all ancillary loads, from all sources of supply, including utility service, on-site generation of any kind, and battery energy storage discharge, and without regard to the number of service points, meters, or accounts. Agreement Section 1.1 | **B-1.3.1 through B-1.3.12** (for a public shelter under B-1.3.9, the measure stated there), and the B-1.5 rate for the categories Section 4.2(a) reaches | | **Installed IT Capacity** | Aggregate nameplate capacity of information-technology equipment, at rated input. Agreement Section 1.1 | **B-1.3.13** and any category directed at computational scale | | **Critical IT load** | As defined by s. 212.08(5)(r), Florida Statutes | **The critical IT load figures of Agreement Section 2.3(d) only.** No derivation in this Exhibit | Also state: site acreage; construction duration and peak workforce; projected operations employment. **The physical-infrastructure categories divide by Aggregate Infrastructure Demand, not by computing load.** Grid, water, wastewater, transportation, emergency response, stormwater, and noise impacts are driven by total facility demand. Dividing them by critical IT load produces a rate that under-recovers precisely as cooling load rises, which is to say a facility with worse power usage effectiveness generates more impact and pays less per unit. Section 1.2(b) of the Agreement states the same rule from the other direction. ### B-1.3 Impact Categories Each subsection states, in this order: the impact; the measurement method; the data source and its date; the marginal quantity attributable to the Project; the unit cost; the derived total; the portion the Developer bears directly under another instrument, tariff, or impact fee; **and the denominator used.** | § | Category | Denominator | Primary data source | Notes | | --- | --- | --- | --- | --- | | B-1.3.1 | Electric transmission and distribution | AID | Utility interconnection study | Net of what the large-load tariff already recovers. In cooperative or municipal territory there is no s. 366.043 tariff; net against the contract or service agreement instead | | B-1.3.2 | Generation capacity and reserve margin | AID | PSC Ten Year Site Plan; utility IRP | Same netting rule | | B-1.3.3 | Water supply, consumptive use, recharge | AID | WMD consumptive use permit record | Zero-withdrawal design reduces but does not eliminate | | B-1.3.4 | Wastewater and reclaimed water | AID | County utility master plan | Reclaimed sales are revenue, not only cost | | B-1.3.5 | Transportation, construction phase | AID | County concurrency methodology | Temporary; amortize honestly. Net of any proportionate-share mitigation under Agreement Section 2.4 | | B-1.3.6 | Transportation, operations phase | AID | Same | Measure it and state the result, however small (3.4) | | B-1.3.7 | Fire, hazmat, battery and thermal response | AID | Fire district standards of cover | Apparatus, equipment, and training. Supports the payment for first responders under Agreement Section 4.3. Staffing is an operating cost no Agreement item answers; if measured, record that it is not answered, with the reason (3.8). Mark any capital portion covered by an adopted impact fee | | B-1.3.8 | Law enforcement emergency response | AID | Sheriff’s records of emergency calls | Emergency calls only, such as evacuation and traffic and perimeter control during an incident at the Project. Supports no camera, video feed, license plate reader, link to a real-time crime center, drone or other means of surveillance. Often negligible; document it | | B-1.3.9 | Emergency power at County facilities | AID; for a public shelter, persons sheltered | County emergency management plan; shelter and critical facility inventory | Supports the emergency power capability of Agreement Section 4.4 (Module M2). Measure the impact on emergency response, not on the reliability or cost of electric service (Module M2.1(a)(1)). At any facility, count no critical load that serves a camera, video feed, license plate reader, link to a real-time crime center or other means of surveillance of members of the public, and at a law enforcement facility count only critical loads that serve emergency services. Mark any capital portion covered by an adopted impact fee. For a public shelter, measure only the persons the County’s emergency management plan would shelter after evacuation of the area the fire official assigns to a battery, fuel or hazardous materials incident at the Project, stating that area and its basis, and not countywide shelter demand or shelter demand from a hurricane or other area-wide event | | B-1.3.10 | Stormwater, floodplain, and drainage | AID | Site civil plans; FEMA panel | | | B-1.3.11 | Noise and vibration | AID | Acoustic study at property line | Ties to the dBA and dBC limits of Ordinance Sec. 9 and to the liquidated noise amounts of Agreement Section 8.2(c) [Drafting note, remove before the draft is made public: Measure the liquidated amounts as a pre-estimate of the County’s own damage from a verified violation, not of residents’ loss.] | | B-1.3.12 | Solid waste and electronic equipment | AID | Ordinance Sec. 13 record | Coordinates with Exhibit “S,” Part S-13 | | B-1.3.13 | **Compliance monitoring cost** | **Installed IT Capacity** | County staffing analysis | **Section 6.2(a) of the Agreement is already drafted and capped by this figure.** The cap is the lower of the stated annual amount and the figure derived here | **Construction-period housing and services** may be studied where the construction workforce is large relative to local housing. If studied and found material, add it as a category with its own denominator; if not, record the finding under B-1.8. **Abandonment.** Where the Agreement is to include the County purchase option, state whether Abandonment of the Project would cause a blight or decommissioning impact that Ordinance Sec. 14 leaves unanswered at the Project Site, and measure any such impact. Agreement Section 7.4 is part of the Agreement only where the Exhibit “B-1” adopted with it shows one (Agreement Section 7.4(d)). **Full build-out.** Where the Board is to elect the Campus Development Envelope, measure the impacts of the Project at full build-out of the Envelope. Agreement Section 3.2(b) is included only where this Exhibit does so, and states that the Agreement’s obligations are sized to answer those impacts. **No telecommunications category is required.** Under Agreement Section 4.5 the County pays the documented incremental cost of any County Conduit placed in the Developer’s trench. It is cost sharing, not mitigation, and nothing in this Exhibit supports or offsets it. ### B-1.4 Per-Unit Derivation Table Each category total divided by its stated denominator. **Every line states its denominator on its face.** This table is the operative output. It is what makes the obligations scale automatically on a capacity change without amendment. ### B-1.5 Rate Expression Derive the rate only from impacts on public infrastructure the County owns or operates (for example B-1.3.3, B-1.3.4, and B-1.3.10), net of Agreement Section 2.4 and of anything supporting Section 4.3 or Module M2 (Sections 4.2(a) and 4.7(e)). The grid categories B-1.3.1 and B-1.3.2 support the findings for Article 5, Exhibit “S,” Parts S-22 and S-25, and Section 10.11(d), not the Payment, unless the County itself owns or operates the serving electric system, in which case net them as B-1.3.1 provides. State the rate for the Physical Infrastructure Mitigation Payment as a dollar amount **per Megawatt of Aggregate Infrastructure Demand**, unless this Exhibit shows that a different measure better fits a particular impact, in which case state that measure for that impact (Agreement Section 4.2(b)). State the range the study supports, from its low end to its high end; the Board sets the rate within it (1.5). The Agreement indexes the rate by CPI-U under Section 4.2(d), so this Exhibit states the rate as of its own date and does not index it. The measure matters as much as the form. Section 4.2(b) applies the rate to the capacity authorized or certified for each Phase. A rate stated against a different measure cannot be applied, and the automatic reduction of Section 4.1(c) then compares unlike quantities. ### B-1.6 Revalidation Protocol Section 4.1(d) of the Agreement requires revalidation by a qualified professional at each update of the decommissioning plan under Ordinance Sec. 14(a), on any amendment increasing the Approved Capacity, and at any other time the County elects. The Developer reimburses the cost of each revalidation at a plan update or on an amendment increasing the Approved Capacity and, where the County has kept the bracketed option in that Section, of any other revalidation the County elects. A revalidated Exhibit “B-1” is adopted by the Board after a public hearing and governs prospectively from its adoption. A failure to revalidate does not increase any obligation of the Developer, and the most recently adopted Exhibit “B-1” continues to bound every obligation it supports until replaced. Under Section 4.2(e) a revalidated Exhibit sets the rate, up or down, for every installment of a Phase not yet commenced, always within the range it supports and never above the impact values it quantifies; a Phase already commenced keeps its rate unless the revalidation lowers it. Neither Party may rely on an Exhibit “B-1” the County has not adopted. State here who prepares each revalidation. ### B-1.7 Source Register Every input on its own line with a source flag: **verified** (a document or study in the record), **estimated** (derived by stated method from verified inputs), or **placeholder** (no basis yet). A placeholder is acceptable in a draft and fatal in an executed instrument. The register is what allows a reviewer to test the Exhibit without redoing it. ### B-1.8 Limitations and Preparer Qualifications Who prepared each section, their qualifications, what was not studied, and why. The County selects and directs the preparer, who answers only to the County, and selects it under its procurement code and, where the work includes professional services, s. 287.055, Florida Statutes, which may be through a continuing contract. Where the County has adopted Sec. 15(f) of the Ordinance (Section 4A of its adopting ordinance), the requester’s deposit pays for the first preparation, and the findings may be used only for the Agreement, for the impact findings of any lease of County land for the Project, and for the County’s own later studies, and are not considered in deciding any application or making any determination under the Ordinance; otherwise the Developer reimburses the first preparation under Agreement Section 4.1(d) if the Agreement takes effect, and the County bears it if the Agreement does not take effect (Agreement Section 10.11(a)). ### B-1.9 Exhibit “S” Covenants Section 10.5 of the Agreement requires a finding for each covenant of Exhibit “S” the Agreement attaches: that the covenant bears an essential nexus to, and is roughly proportional to, the part of a Project impact that the standards of the Ordinance leave unanswered at the Project Site. For each covenant, state the impact and the B-1.3 category that measures it, the section of the Ordinance that addresses the same subject and why it leaves part of the impact unanswered at this site, the measure of that part, and how the covenant’s figure is sized to it. Where the Ordinance answers the impact in full, record that finding (3.4); the covenant is then left out of Exhibit “S” or adopted in the Ordinance for every facility. ## PART 3: METHOD RULES **3.1 Cost causation, not cost allocation.** The question is what the Project causes at the margin, not what share of an existing system it uses. **3.2 Marginal, not average.** Average cost per customer is not an impact finding. **3.3 Net out what is paid elsewhere.** Where a utility tariff under s. 366.043, Florida Statutes, already recovers the cost from the large-load customer, the same cost cannot appear in Exhibit “B-1.” Where an adopted impact fee covers a category, that category is excluded (1.6). Where the County funds capital facilities in a measured category in part from ad valorem taxes, non-ad valorem assessments, or a dedicated sales tax, net out the revenue the Project will contribute toward those facilities through those sources, computed from the Project’s own projected tax and assessment base and not from an average per unit of other development, so that the Project does not pay twice. Double counting is the fastest way to lose a proportionality challenge, and it is the most likely error in the grid categories. Where the serving utility is a rural electric cooperative under chapter 425 or a municipal utility, s. 366.043 does not apply; net against the contract or service agreement by which the applicant bears connection and incremental infrastructure cost, and say so, because the absence of a tariff is not the absence of recovery. **3.4 Document the zeroes.** A category studied and found to produce no material impact is a finding and strengthens the Exhibit. Silence looks like avoidance. **3.5 Present value conventions.** State the discount rate and the horizon once, apply them everywhere, and disclose both, with the source of the rate (for example, the Treasury rate for the maturity closest to the horizon). Show the effect of reasonable alternative rates and state which discount rate the preparer recommends and why. The Board chooses the figure within the resulting range on the record. **3.6 Nothing is derived from what any party wants.** The Exhibit is built from impacts upward, states the range the study supports, and leaves the choice of a figure within it to the Board. Where the study supports none, the figure stays blank and nothing is due. Drafting toward any desired number, higher or lower, defeats the Exhibit as evidence. **3.7 State the denominator on every derived rate.** A rate carried from one denominator to another is a category error, and it produces an answer that is wrong in a direction no reviewer can see from the face of the table. **3.8 Answer each impact once.** For each impact measured, the record states whether it is answered by a standard of the Ordinance, by an item in the Agreement, by an impact fee, or not at all with the reason (In-Kind Eligibility and Characterization Test, 5.3). No impact supports two obligations (Agreement Section 4.7(e)). **3.9 Value each item two ways.** For each item of the Agreement that answers an impact, other than land or an interest in land, state its burden value, measured as the In-Kind Eligibility and Characterization Test, 5.4, provides (for construction, equipment, or a service, the Developer’s documented cost of providing it plus its forgone sales, net of any reimbursement, revenue, or avoided cost the item produces for the Developer; for a share of output, the Developer’s marginal cost of the share plus its forgone sales, net of the same), and its recipient value, set by an independent valuer by the method that Test, 2.4, gives for the item’s type. For land or an interest in land, state its fair market value. Until the law settles which value governs rough proportionality, the item is treated as roughly proportional only if it is proportional at the higher of the two. Where an adopted impact fee applies, also state the item’s credit value, which serves the credit only. The staff report records both values for each item (County Procedure and Records Kit, Part A, Section 13). ## PART 4: SEQUENCE OF PREPARATION - B-1.2 denominators, since everything divides by them, and there are three. - B-1.1 baselines, which take the longest to assemble and gate everything else. - Identify the categories an adopted impact fee covers, and set them aside. - B-1.3.1 and B-1.3.2, the grid categories, which are the largest values and carry the double-counting risk. - B-1.3.3 and B-1.3.4, water. - B-1.3.13, monitoring, which is small but unlocks a provision already drafted at Section 6.2(a). - Remaining categories. - B-1.4, B-1.5, B-1.6, and B-1.9 for each Exhibit “S” covenant the Agreement will attach. - B-1.7 source register, maintained throughout rather than assembled at the end. **Where each input comes from.** Most inputs are already in the record, because the Ordinance requires the applicant to file them. Start from these filings, test each input, and record it in the source register (B-1.7) as verified, estimated, or placeholder. A filing is evidence the preparer weighs; it does not become the County’s finding by being filed. | Category | Filing | What it supplies | What the preparer adds | | --- | --- | --- | --- | | B-1.1 Baseline conditions | The existing-conditions parts of the filings below, including the existing sound levels of the acoustic study (Technical Manual Sec. B-9.4(a)) | Dated baseline measurements | Baselines the filings do not measure, dated and sourced | | B-1.2 Denominators | The utility capacity letters (Ordinance Sec. 4(d); Technical Manual Sec. B-4.4) and the ownership and Development Unit disclosure (Ordinance Sec. 4(c)) | Projected Aggregate Infrastructure Demand, Connected Compute Load, and Site Electrical Capacity at full build-out (Technical Manual Sec. B-4.2(b)(4)); capacity requested, reserved, or acquired (Sec. B-4.2(a)); and the capacity each provider will make available (Sec. B-4.4(a)) | Aggregate Infrastructure Demand and Installed IT Capacity as Agreement Section 1.1 defines them | | B-1.3.1, B-1.3.2 Grid | The utility capacity letters (Ordinance Sec. 4(d)(2)) and, once delivered, the service agreement under Agreement Section 5.2 | Whether new generation, transmission, or substation capacity is needed, and whether any cost is proposed to be recovered from the general body of ratepayers | The impact net of the tariff or contract (3.3) | | B-1.3.3 Water supply | The cooling design demonstration (Ordinance Sec. 7(a)); the water service terms and drought documents (Sec. 7(f)); where a withdrawal is proposed, the hydrogeologic study, aquifer test, and cone of depression (Sec. 8(b)) | Demand, source, and drawdown | The marginal effect on any County system or supply | | B-1.3.4 Wastewater and reclaimed water | The water and wastewater providers’ letters (Sec. 4(d)); the reclaimed water documentation (Sec. 7(b)) | Volumes and capacity | The marginal treatment cost, net of reclaimed water sales | | B-1.3.5, B-1.3.6 Transportation | The transportation analysis (Agreement Section 2.4(d)) | Trips, access, and turn-lane and signal needs | The impact net of proportionate-share mitigation | | B-1.3.7 Fire, hazmat, battery and thermal response | Any BESS fire test data (Ordinance Sec. 12(a); Technical Manual Sec. B-12.1) and the fuel storage volumes the site plan shows, with any engineer’s certification under Sec. 12(b)(1); the fire district’s standards of cover | The scale of the hazard | Apparatus, training, and staffing the Project requires, excluding any capital portion an adopted impact fee covers (1.6; Agreement Section 4.7(b)) | | B-1.3.8 Law enforcement emergency response | None; the Sheriff’s records of emergency calls only, such as for evacuation and traffic and perimeter control during an incident at the Project | None | Often negligible; document the finding (3.4). Supports no camera, video feed, license plate reader, link to a real-time crime center, drone or other means of surveillance | | B-1.3.9 Emergency power at County facilities | The same fire test data and fuel figures, from which the fire official assigns the area evacuated after an incident at the Project | The evacuation area | The persons sheltered and the critical loads (Module M2) | | B-1.3.10 Stormwater, floodplain, and drainage | The karst investigation (Ordinance Sec. 11(d)); the stormwater design under Sec. 11(c); where Exhibit “S” applies, the hydrologic and hydraulic analysis under Section S-11.4(c) | Runoff, flood stages, and subsurface conditions | Any impact on County facilities the design does not prevent | | B-1.3.11 Noise and vibration | The acoustic study (Ordinance Sec. 9(e); Technical Manual Sec. B-9.4) | Existing and predicted levels at receptors | Any residual impact the limits of Sec. 9 leave | | B-1.3.12 Solid waste and electronic equipment | The decommissioning and adaptive-reuse plan (Ordinance Sec. 14(a)) and the Sec. 13 record | Waste streams and quantities | The County system cost, if any | | B-1.3.13 Compliance monitoring | None; the County’s staffing analysis, including review of status tables and completion statements and field inspection under Agreement Section 6.4 | None | The cost, which caps Agreement Section 6.2(a) | | Cumulative level | The cumulative impact assessment, where Ordinance Sec. 15(c) applies (Technical Manual Sec. B-15.1) | Effects at the cumulative level | Any share of a cumulative impact the Project causes | Some filings come after the first findings are prepared: the karst investigation and the stormwater calculations, before site plan approval (Technical Manual Sec. B-4.1(d)); any BESS fire test data and the decommissioning and adaptive-reuse plan, with the site plan application (Sec. B-4.1(b), items 9 and 10); the update of the acoustic study, before equipment a later site plan approves begins operating (Ordinance Sec. 9(e)); the hydrologic and hydraulic analysis, before each site plan approval; the transportation analysis, before site plan approval and only after the Agreement is executed; the service agreement, before the first building permit; and the Sec. 13 routing records, once the facility operates. Until a filing arrives, use the best available source, such as the County’s concurrency data for transportation, mark the input estimated in the source register (B-1.7), and use the filing in the next revalidation (B-1.6) or recommend that the County elect one. ## PART 5: COMMON FAILURE MODES - Carrying a figure from a model form. Nothing in the record ties it to the Project’s impacts, and adopting it by ordinance does not change that (1.2, 1.4). - **Deriving a physical-infrastructure rate against computing load.** - Double counting grid costs already in a tariff, or assuming no recovery exists because no tariff does. - Deriving a rate for a category an adopted impact fee already covers. - A rate stated against a measure other than the one Section 4.2(b) applies. - Purpose narration inside the findings, such as describing a payment as given for the approvals, for certainty, or for vesting. Mitigation answers an impact; it is not a price. - Measuring a community benefit here (1.7). - Placeholders surviving into execution. --- ## AUTHOR *Prepared by Timothy Smith · Citizen-prepared working draft · Not legal advice.* *Citizen-prepared. Not legal advice. The author is not licensed to practice law and is not affiliated with, and does not write on behalf of, any university, law school, clinic, law firm, or governmental body. No attorney-client relationship is created by this document or by any use of it. Any jurisdiction considering adoption should obtain review by licensed counsel admitted in that jurisdiction.*