The purpose of this chapter is to establish a method whereby the impacts of development on deficient transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair Share Program, as required by and in a manner consistent with F.S. § 163.3180(16),

(Ord. No. 07-02, § 1, 3-5-2007)

(a)

The City Commission finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors and that the City Proportionate Fair Share Program:

(1)

Provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors;

(2)

Allows developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair share of the cost of a transportation facility;

(3)

Contributes to the provision of adequate public facilities for future growth and promotes a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion;

(4)

Maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the City to expedite transportation improvements by supplementing funds currently allocated in the Capital Improvements Element (CIE) for transportation improvements.

(5)

Is consistent with F.S. § 163.3180(16), and supports the following policies in the City Comprehensive Plan and Land Development Regulations:

a.

Objective 5.2 with associated policies 5.2.1-5.2.3 of the Future Land Use Element.

b.

Objective 1.1 with associated policy 1.1a of the Traffic Circulation Element.

c.

Objective 1.5 with associated policy 1.5a of the Traffic Circulation Element.

d.

Objective 1.6 with associated policies 1.6a-1.6b of the Traffic Circulation Element.

e.

Objective 1.3 with associated policy 1.3b of the Intergovernmental Coordination Element.

f.

Goal 1 of the Capital Improvements Element.

g.

Article 2, section 2.4.14 Concurrency Compliance of the Land Development Regulations.

(Ord. No. 07-02, § 2, 3-5-2007)

(a)

The Proportionate Fair Share Program shall apply to all developments in the City that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the City CMS, including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of section 18-5. The Proportionate Fair Share Program does not apply to developments of regional impact (DRIs) using proportionate fair share under F.S. § 163.3180(12), or to developments exempted from concurrency as provided in appropriate policies within the City Comprehensive Plan, appropriate sections within the Land Development Regulations, or F.S. § 163.3180, regarding exceptions and de minimis impacts.

(b)

The Proportionate Fair Share Program applies to transportation improvements or mitigation required to address roadway facility deficiencies identified at the time of concurrency review. If an intersection deficiency is identified in the concurrency denial determination and the improvements required to remedy that deficiency can be incorporated into a roadway facility improvement pursuant to section 18-5, then the cost of the intersection improvement may be included in the facility improvement and proportionate fair share obligation made pursuant to section 18-8. The Proportionate Fair Share Program does not apply to minor intersection improvements, such as signal retiming, installing traffic signals, and constructing turn lanes required to remedy a deficiency that is not part of a roadway facility transportation concurrency requirement. The City Manager may consider and approve major intersection improvements such as additional through movement lanes, interchanges, and grade separations, as eligible for the Proportionate Fair Share Program.

(Ord. No. 07-02, § 3, 3-5-2007)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Level of service (LOS) means an assessment of the operating condition of an element of infrastructure. For local government comprehensive planning purposes, level of service means an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility.

Maximum service volume (MSV) means the highest number of vehicles allowed on a roadway facility, while still maintaining the adopted level of service (LOS).

Multimodal transportation districts (MMTD) means areas established under a local government comprehensive plan pursuant to F.S. § 163.3180(15) which are delineated on the future land use map where the local comprehensive plan assigns secondary priority to vehicle mobility and primary priority to assuring a safe, comfortable, and attractive pedestrian environment, with convenient interconnection to transit. Such districts must incorporate community design features that will reduce the number of automobile trips or vehicle miles of travel, and that support an integrated, multimodal transportation system.

Proportionate fair share agreements means agreements used by a local government to determine and obligate a developer's fair share of costs to meet concurrency. The developer's fair share may be combined with public funds to construct improvements to satisfy concurrency.

Proportionate fair share obligation means the calculated monetary amount or improvement that has been determined as the developer's required mitigation consistent with the provisions of State law and the proportionate fair share ordinance.

Road facility means a length of roadway with a discrete beginning and ending point, composed of intersections and segments over which level of service is evaluated. These roads are typically identified in a Comprehensive Plan Functional Classification Map as collectors, arterial, and expressway facilities, and may be maintained by the City, the County, and the Florida DOT. Road facilities may also include those physical features that accommodate other modes of transportation such as pedestrians, bicyclists, and public transportation.

Roadway links. The recommended term for a piece of a roadway between two signalized intersections is a "segment", and the term "link" is discouraged from use, especially for quality/level of service analyses.

Strategic intermodal system (SIS) means a transportation system comprised of facilities and services of statewide and interregional significance, including appropriate components of all modes. This system is established by the State legislature and is maintained by the State Department of Transportation.

Substantial improvement means an improvement project that creates significant increases in the capacity of a transportation facility that is of long-lasting value or utility and is consistent and compatible with the adopted long-range transportation plan of the community. This typically excludes improvements such as signal retiming, installing traffic signals, and constructing improvements to turn lanes required to remedy a deficiency that are not part of a roadway facility.

Transportation concurrency exception areas (TCEA) means a portion of an urban area delineated by a local government in the Comprehensive Plan pursuant to F.S. § 163.3180(5), where infill and redevelopment are encouraged, and where exceptions to the transportation concurrency requirement are made, providing that alternative modes of transportation, land use mixes, urban design, connectivity, and funding are addressed.

Transportation concurrency management areas (TCMA) means portions of urban areas delineated to promote infill development and redevelopment, pursuant to F.S. § 163.3180(7), TCMAs must be designated in a local government comprehensive plan and must be a compact geographic area with an existing network of roads where multiple, viable alternative travel paths or modes are available for common trips. A local government may establish an area-wide LOS standard for a TCMA based upon analysis that justifies the area-wide LOS, identifies how urban infill development or redevelopment will be promoted, and describes how mobility will be accomplished within the TCMA.

Transportation Regional Incentive Program (TRIP) means a transportation finance program established under F.S. § 339.2819 that provides State matching funding to improve regionally significant transportation facilities in partnership with regional transportation areas. This program is often used to match state funding with local funding to accelerate the implementation of projects that are determined to be regionally significant.

(Ord. No. 07-02, § 4, 3-5-2007)

(a)

An applicant may choose to satisfy the transportation concurrency requirements of the City by making a proportionate fair share contribution, pursuant to the following requirements:

(1)

The proposed development is consistent with the Comprehensive Plan and applicable Land Development Regulations.

(2)

The transportation improvement needed for mitigation is fully funded through construction in years two through five of the five-year schedule of capital improvements in the City CIE, if the transportation improvements, upon completion, will satisfy the requirements of transportation concurrency on a transportation facility in the City's transportation CMS. The provisions of section 18-5(b) may apply if a project or projects needed to satisfy concurrency are not presently contained within the local government CIE.

(b)

The City may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair Share Program by contributing to an improvement that, upon completion, will satisfy the requirements of transportation concurrency on a transportation facility in the City's transportation CMS, but is not contained or fully funded in the five-year schedule of capital improvements in the CIE, where the following apply:

(1)

The City adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the appropriate City body, and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1., consistent with the Comprehensive Plan, and in compliance with the provisions of this chapter. In order to fulfill the obligations of the proportionate share agreement, the developer shall financially commit funds prior to the effective date of the agreement by delivering to the City a monetary payment of land for right-of-way acceptable to the City equal to the developer's proportionate fair share obligation, as stated in the proportionate fair share agreement or by securing the developer's proportionate fair share obligation with a cash deposit, certificate of deposit, bond or other similar cash equivalent security acceptable to the City Attorney.

(2)

If the funds allocated for the five-year schedule of capital improvements in the City CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, the City may still enter into a binding proportionate fair share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair share obligation is calculated if the proportionate fair share obligation in that agreement is sufficient to pay for one or more improvements which will, in the opinion of the City Manager, significantly benefit the impacted transportation system.

The improvement or improvements funded by the proportionate fair share component must be adopted into the five-year CIE at the next regularly scheduled update.

(c)

Any improvement project proposed to meet the developer's fair share obligation must meet design standards of the City for locally maintained roadways, of the County for County maintained roadways, and those of the FDOT for the state highway system.

(Ord. No. 07-02, § 5, 3-5-2007)

Pursuant to policies in the Intergovernmental Coordination Element of the City Comprehensive Plan and applicable policies in the North Central Florida Regional Planning Council Strategic Regional Plan, the City shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

(Ord. No. 07-02, § 6, 3-5-2007)

(a)

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the Proportionate Fair Share Program pursuant to the requirements of section 18-5.

(b)

Prior to submitting an application for a proportionate fair share agreement, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the strategic intermodal system (SIS), then the FDOT will be notified and invited to participate in the preapplication meeting.

(c)

Eligible applicants shall submit an application to the City that includes an application fee as established in the City Schedule of Fees Resolution for Comprehensive Plan and Land Development Regulations and the following:

(1)

Name, address and phone number of owner(s), developer and agent;

(2)

Property location, including parcel identification numbers;

(3)

Legal description and survey of property;

(4)

Project description, including type, intensity and amount of development;

(5)

Traffic Impact Study performed in accordance with the City's Land Development Regulations;

(6)

Phasing schedule, if applicable;

(7)

Description of requested proportionate fair share mitigation method(s); and

(8)

Copy of concurrency application.

(d)

The Land Development Administrator or designee shall review the application and certify that the application is sufficient and complete within 10 business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair Share Program as indicated in section 18-5, then the applicant will be notified in writing of the reasons for such deficiencies within ten business days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed abandoned. The Land Development Administrator or designee may, in its discretion, grant an extension of time not to exceed 30 days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(e)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair share agreement.

(f)

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair share obligation and binding agreement will be prepared by the City or the applicant with direction from the City and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient application and no fewer than 14 days prior to the City Commission meeting when the agreement will be considered. The payment of security to be provided by the developer must be documented in the agreement for consideration by the City Commission. All agreements and other documents requiring execution by the developer shall be executed by the developer prior to consideration by the City Commission.

(g)

The City shall notify the applicant regarding the date of the City Commission meeting when the agreement will be considered for final approval. No proportionate fair share agreement will be effective until approved by the City Commission.

(Ord. No. 07-02, § 7, 3-5-2007)

(a)

Proportionate fair share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

(b)

A development shall not be required to pay more than its proportionate fair share. The fair market value of the proportionate fair share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.

(c)

The methodology used to calculate an applicant's proportionate fair share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

"The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved including the cumulative impacts of prior approvals from the same development, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted level of service (LOS), multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS."

For purposes of calculating the applicant's proportionate fair share obligation pursuant to this methodology, the term "construction cost", includes all associated costs of the improvement, including, but not limited to design, right-of-way acquisition, planning, engineering, inspection, utilities, financing costs, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred. As used in this section, the term "same development" shall mean any development occurring on land existing as a single parcel or as contiguous parcels having the same owners on October 1, 2006 and all lands required to be developed as a single development by zoning amendment, comprehensive plan amendment, ordinance or agreement."

OR

Proportionate Fair Share = Σ [[(Total development trips;sub\sub;)/(SV increase;sub\sub;)] × Cost;sub\sub;]

Where:

Total development trips;sub\sub; = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" including cumulative impacts from prior phases of the same development. The total development trips on a segment may exclude project trips for previous phases of a project if:

(1)

A final certificate of concurrency was issued for that phase of development prior to the effective date of the Proportionate Fair Share Program; and

(2)

The project trips for the previously approved phase(s) significantly impacted the segment and were reserved in the CMS on the roadway segment;

MSV increase;sub\sub; = Maximum service volume increase provided by the eligible improvement to roadway segment "i" per section 18-5;

Cost;sub\sub; = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, including, but not limited to design, right-of-way acquisition, planning, engineering, inspection, utilities, financing costs, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred.

(d)

For the purposes of determining proportionate fair share obligations, the City shall determine improvement costs based upon a current certified and sealed engineer's cost estimate for a project defined in a Proportionate Fair Share Agreement. Such cost estimate will be consistent with unit bid costs of recent similar bid projects, preferably within the City, within the last year. This cost estimate will be reviewed for reasonableness and approved/disapproved by the City Manager. If disapproved, the grounds for the disapproval will be indicated to the applicant so that a revised cost estimate may be resubmitted.

(e)

If the City has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section.

(f)

If the City has accepted right-of-way dedication for all or part of the proportionate fair share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at an amount up to 120 percent of the most recent assessed value by the County Property Appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved and ordered by the City upon receipt of funds from the applicant to pay for the appraisal. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the City at no expense to the City. If the estimated value of the right-of-way dedication proposed by the applicant is less than the City estimated total proportionate fair share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations and any pertinent City policies and regulations.

(g)

If, through the approval of a previous phase of a development, a proportionate fair share obligation pursuant to this program was required on a roadway segment and that obligation was satisfied, the previous payment may be applied as a credit toward proportionate fair share obligations on the same roadway segment for future phases of the same development.

(Ord. No. 07-02, § 8, 3-5-2007)

The City currently does not have transportation impact fees. If the City adopts such a fee at a future date, this section shall be used for the handling of impact fee credits, if any.

(Ord. No. 07-02, § 9, 3-5-2007)

(a)

Upon the effective date of an executed proportionate fair share agreement (agreement) for which the proportionate fair share obligation has been paid or adequately secured as provided in section 18-5(b)(1), the applicant shall receive a City certificate of concurrency approval. Should the applicant fail to apply for a development permit within the time allowed by CMS, the agreement shall be considered null and void, and the applicant shall be required to reapply.

(b)

Payment of the proportionate fair share obligation is due in full prior to issuance of the final development order or recording of the final plat whichever is last to occur and shall be nonrefundable. If the payment is submitted more than 12 months after the date of execution of the agreement, the proportionate fair share obligation shall be recalculated at the time of payment based on a current estimate of the construction cost of the required improvement at the time of payment, pursuant to section 18-8 and adjusted accordingly.

(c)

All facilities constructed by a developer pursuant to a proportionate fair share obligation agreement must be completed or completion adequately secured as set forth in section 18-5(b)(1) prior to issuance of a final development order.

(d)

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair share agreement must be completed prior to issuance of the final development order or recording of the final plat.

(e)

Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair share contributions to the extent the change would generate additional traffic that would require mitigation.

(f)

Applicants may submit a letter to withdraw from the proportionate fair share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the City will be nonrefundable.

(g)

The City may enter into proportionate fair share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

(Ord. No. 07-02, § 10, 3-5-2007)

(a)

Proportionate fair share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the City CIE, or as otherwise established in the terms of the proportionate fair share agreement. At the discretion of the City, proportionate fair share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair share revenues were derived. Proportionate fair share revenues may also be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP).

(b)

In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of section 18-5(b)(2). Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in F.S. § 339.155, the City may coordinate with other impacted jurisdictions and agencies to apply proportionate fair share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT TRIP program. Such coordination shall be ratified by the City through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

(c)

Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair share obligation calculated under section 18-8, the City shall reimburse the applicant for the excess contribution according to the terms and conditions of the Development and/or Proportionate Fair Share Agreements using one or more of the following methods:

(1)

With future proportionate fair share payments from future applicants on the same facility, or from proportionate fair share payments for other facilities for which other funding has been secured to build the project for which the proportionate fair share payment was originally collected.

(2)

Through other compensation or means acceptable to the City and the applicant.

(Ord. No. 07-02, § 11, 3-5-2007)

In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the City may enter an agreement with one or more adjacent local governments to address cross jurisdictional impacts of development on regional transportation facilities. The agreement shall provide for application of the methodology to address the cross jurisdictional transportation impacts of development.

(Ord. No. 07-02, § 12, 3-5-2007)

In the event the City establishes and/or participates in one or more of the following: Transportation Concurrency Exception Area (TCEA), Transportation Concurrency Management Area (TCMA), or Multimodal Transportation District (MMTD), it shall then provide for the ability to apply its Proportionate Fair Share Program toward mobility improvements within those areas, including alternative modes of transportation.

(Ord. No. 07-02, § 13, 3-5-2007)