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

Adopted levels of service means the levels of service for public facilities and services adopted in the city comprehensive plan.

Concurrency proofs means written reports issued by the planning and development department summarizing existing and anticipated levels of service and available capacities for public facilities and services. Concurrency proofs include the following:

(1)

Concurrency information. Concurrency information shall be provided to members of the public upon request, to transmit information regarding the current status of levels of public facilities.

(2)

Concurrency impact. Concurrency impact shall be provided for all requests for development orders. These proofs shall note the impacts of the requested development on the adopted levels of service.

(3)

Concurrency compliance. Concurrency compliance shall be determined prior to final action on a final development application and shall confirm that public facilities and services meet or exceed adopted levels of service and that the requested development, if approved, would not result in a reduction in levels of service for public facilities and services below adopted levels of service.

Consistency means:

(1)

After a comprehensive plan or element or portion thereof has been adopted in conformity with this article, all development undertaken and all actions taken in regard to development orders by governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted.

(2)

All land development regulations enacted or amended shall be consistent with the adopted comprehensive plan.

Development means the carrying out of any building activity or the making of any material changes in the use or appearance of any structure or land or the platting of land into lots.

Development order means any order granting, denying, or granting with conditions an application for any building permit, zoning approval, subdivision approval, rezoning, certification, special exception, variance or any other official action having the effect of permitting the development of land.

Department means the city planning and development department.

Enforceable development agreement means any agreement pursuant to F.S. §§ 163.3220—163.3243 or agreement or development order issued pursuant to F.S. ch. 380 or agreement, covenant or declaration of restrictions accepted or entered into by the city.

Final development order means any permit authorizing construction of a new building, the expansion of floor area, the increase in the number of dwelling units contained in an existing building, modifications to an existing building or site to accommodate a change in use for which a new certificate of use and occupancy will be required, or any certificate of use and occupancy authorizing a change in the use or authorizing the initial use of a parcel or structure or portion thereof, where there is no other final development order in effect, reviewed and approved in accordance with this article, authorizing such use. A final development order for transportation shall be satisfied as provided in section 98-2464 herein or through proportionate fair share mitigation for transportation.

Financial feasibility means that sufficient revenues are currently available or will be available from committed funding sources for the first three years, or will be available from committed or planned funding sources for the fourth and fifth year, of a five-year capital improvement schedule for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees and developer contributions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted level-of-service standards are achieved and maintained within the period covered by the five-year schedule of capital improvements.

Initial development order means any development order other than a final development order which contains a specific plan for developments including the densities and intensities of development, as specified in the land development code.

Levels of service means the extent or degree of capacity per unit of demand for a public facility.

Proportionate fair-share mitigation for transportation. A developer may choose to satisfy all concurrency requirements by contributing or paying its calculated fair share if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the five-year schedule of capital improvements in the capital improvement element of the city comprehensive plan or if payments to such facilities or segments are reflected in the five-year schedule of capital improvements in the next regularly scheduled update of the capital improvements element; or programmed for construction in the five-year capital facility plan or work program of the agency having responsibility for the transportation improvement.

Public facilities and services means major capital improvements and services for which level of service standards have been adopted in the city comprehensive plan including transportation, sanitary sewer, solid waste, drainage, potable water, and parks and recreation.

Strategic intermodal system (SIS) means a statewide network of high-priority transportation facilities, including the state's largest and most significant commercial service airport, spaceport, deepwater seaports, freight rail terminals, passenger rail terminals and intercity bus terminals, rail corridors, waterways and highways.

(Code 1960, § 32-203; Ord. No. 94-109, § 2, 11-22-1994; Ord. No. 99-71, § 3(32-203), 5-25-1999; Ord. No. 2007-36, § 1, 4-10-2007)

Cross reference— Definitions generally, § 1-2.

(a)

It is the intent of this article to ensure that the public facilities and services needed to support development are available concurrent with the impacts of such development. Except as otherwise provided in this article, no development order shall be issued which would result in a reduction in the levels of service for public facilities and services below the levels of service adopted in the comprehensive plan.

(b)

Nothing in this article shall be construed to be inconsistent or in conflict with the legislative intent of the comprehensive plan, and such legislative intent is incorporated by reference.

(c)

It is further the intent of the city to, at a minimum:

(1)

Regulate the subdivision of land.

(2)

Regulate the use of land and water for those land use categories included in the land use element and ensure the compatibility of adjacent uses and provide for open space.

(3)

Provide for protection of potable water well fields.

(4)

Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management.

(5)

Ensure the protection of environmentally sensitive lands designated in the comprehensive plan.

(6)

Regulate signage.

(7)

Provide that public facilities and services meet or exceed the standards established in the capital improvements element.

(8)

Ensure safe and convenient on-site traffic flow, considering needed vehicle parking.

(Code 1960, § 32-202; Ord. No. 94-109, § 2, 11-22-1994)

(a)

The department shall be the agency responsible for coordination of the city's concurrency management program. The following city and Miami-Dade County departments or their successors shall serve as the concurrency review agencies that shall assist the department in implementing this article. Except where otherwise noted, the departments listed shall be those of the city:

(1)

Water and sewers.

(2)

Recreation and community services.

(3)

Fire.

(4)

Miami-Dade County Department of Environmental Resources Management (DERM).

(5)

Solid waste.

(6)

Streets.

(b)

The department shall regularly monitor the levels of service and available capacity of public facilities and services. The department shall also be responsible for maintaining and furnishing information, upon request, regarding capacities and levels of service of public facilities and services.

(c)

The department may designate geographic areas of the city where certain public facilities and services have sufficient surplus capacity to sustain projected development of specified types for one to five or more years as applicable to the service.

(d)

The methodologies to be used by the department in preparing concurrency proofs and in evaluating applications for development orders for compliance with the concurrency review criteria shall be contained in the land development code and/or the concurrency manual.

(Code 1960, § 32-204; Ord. No. 94-109, § 2, 11-22-1994; Ord. No. 99-71, § 3(32-204), 5-25-1999)

The department shall promulgate and maintain a concurrency management system which shall contain the administrative procedures and fees to be applied in the implementation of the system. The system shall include the following:

(1)

Guidelines for development orders.

(2)

Guidelines for development orders which would have no impact or which would have impacts on levels of service which fall below the thresholds for public facilities and services.

(3)

The methodologies to be used by the department in monitoring available capacity of public facilities and services and in preparing concurrency proofs.

(4)

The methodologies to be used by the department in evaluating applications for development orders for compliance with the concurrency review criteria.

(5)

The methodologies to be used by the department in identifying geographic areas having surplus capacity for certain public facilities and services.

(6)

The timeframes within which the department and the applicant must complete any action which is required in this article.

(7)

An administrative fee schedule.

(8)

Guidelines for exceptions from concurrency review requirements.

(Code 1960, § 32-207; Ord. No. 94-109, § 2, 11-22-1994)

(a)

Nothing in this article shall limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to F.S. ch. 380 or who has been issued a building permit prior to the effective date of the ordinance from which this article derives (November 22, 1994) and development has commenced and is continuing in good faith.

(b)

Applications requesting modification, alteration, repair or change of use of a lawfully existing structure or land use shall not be required to comply with the concurrency review criteria, where one or more services are operating below level of service standards, provided the department states in writing that the impact on the substandard service imposed by the use to be accommodated by the requested modification, alteration, repair or change of use will be no greater than the impact posed by the most recent lawful use accommodated by such structure and, therefore, will not result in a further reduction in the level of service.

(Code 1960, § 32-208; Ord. No. 94-109, § 2, 11-22-1994)

Applicants for development orders shall include, with each application, the specific uses to which the land or structures will be put, the number of single-family and multifamily dwelling units, the number of square feet devoted to each nonresidential use or other information required by the department. The statement may include the phasing of the developments, if applicable, and may specify any conditions or commitments to which the applicant will agree in order to mitigate the impacts of the proposed development on public facilities and services. The department shall prescribe forms for submittal of information required by this section.

(Code 1960, § 32-205(a); Ord. No. 94-109, § 2, 11-22-1994)

The department shall review each application for a development order and shall determine whether the application requests approval of an initial or final development order or would have no impact or would have impacts on levels of service that fall below thresholds for public facilities and services prescribed in the land development code.

(Code 1960, § 32-205(b); Ord. No. 94-109, § 2, 11-22-1994)

(a)

The department shall evaluate each application for an initial development order on the basis of the concurrency review criteria contained in this article. The department shall determine whether or not a proposed development would result in a reduction in levels of service for public facilities and services below adopted levels of service and shall issue a concurrency proof to the applicant.

(b)

If the concurrency proof indicates that the proposed development would not result in a reduction in adopted levels of service, such proof shall be furnished to the person, board or agency responsible for the issuance of the initial development order, and the development order may be issued. If the concurrency proof indicates that the requested development order cannot be issued because the proposed development would result in a reduction in adopted levels of service, the applicant may modify the application, submit an enforceable development agreement or the development order may be issued subject to appropriate conditions. Such modifications, agreements or conditions shall ensure that the necessary public facilities and services shall be available concurrent with the impacts of development. The concurrency proof shall specify the modifications, agreements or conditions which shall be satisfied prior to the issuance of an initial development order or final development order, or both. The concurrency proof shall be furnished to the applicant and to the person, board or agency responsible for the issuance of the development order and shall be made a part of the development order. Alternatively, the applicant may seek relief from this article by invoking the administrative remedies set forth in this article.

(Code 1960, § 32-205(c); Ord. No. 94-109, § 2, 11-22-1994)

(a)

With the exception of final development orders for which applications have been timely filed and capacities have been reserved, or certificates of use and occupancy as described in this article, the department shall evaluate each application for final development order on the basis of the concurrency review criteria contained in this article. The department shall determine whether or not the proposed development would result in a reduction in levels of service for public facilities and services below adopted levels of service and shall issue a concurrency proof to the applicant. If the concurrency proof indicates that the issuance of the proposed final development order would not result in a reduction in levels of service for public facilities and services below adopted levels of service, the concurrency proof shall be furnished to the person, board or agency responsible for the issuance of the final development order, and the final development order may be issued.

(b)

If the concurrency proof indicates that the requested final development order cannot be issued because the proposed development would result in a reduction in adopted levels of service, the applicant may modify the application, submit an enforceable development agreement, or the final development order may be issued subject to appropriate conditions. Such modifications, agreements or conditions shall ensure that the necessary public facilities and services shall be available concurrent with the impacts of development. The concurrency proof issued in conjunction with a final development order application shall specify any modifications, agreements, or conditions which shall be satisfied prior to the issuance of a building permit or certificate of use and occupancy or both. The concurrency proof issued in conjunction with a final development order application shall be furnished to the applicant and to the person, board or agency responsible for the issuance of the final development order.

Except where applicants have obtained a vested rights determination or the final development order application has been deemed exempt from the requirement of concurrency compliance statement, all applications for final development orders must obtain written confirmation that all required levels of service for public facilities and services have been satisfied. Required modifications and/or conditions noted in previously issued concurrency proofs must be satisfied prior to the issuance of a final development order.

(c)

Certificates of use and occupancy may be issued without the requirement for further concurrency review where the applicant for the certificate of use and occupancy holds a valid, unexpired building permit for the identical use of the subject structure or site or pertinent portion thereof, provided such building permit is not subject to an enforceable development agreement or other conditions requiring the applicant to provide or contract for the construction of necessary public services and facilities or other appropriate service impact mitigation measures. Where the building permit is subject to such enforceable development agreement or appropriate conditions, no certificate of use and occupancy shall be issued until the department determines that all agreements and conditions have been satisfied.

(Code 1960, § 32-205(d); Ord. No. 94-109, § 2, 11-22-1994)

The public facilities and services needed to support development shall be deemed to be available concurrent with the impacts of development if the following criteria are satisfied:

(1)

The necessary public facilities and services are in place at the time a final development order issues concurrent to the use of the development; or

(2)

A final development order is issued subject to the condition that the required public facilities and services will be in place when the impacts of the development occur concurrent to the use of the development; or

(3)

The necessary public facilities are under construction at the time the final development order is issued and such construction is the subject of enforceable assurance that it shall be completed and serviceable without unreasonable delay concurrent to the use of the development; or

(4)

The necessary public facilities and services are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time the final development order is issued; or

(5)

The necessary public facilities are funded and programmed for implementation in the capital improvements element of the comprehensive plan for construction in year one of the city's adopted capital budget or similarly adopted budget of other government agencies; or

(6)

The necessary traffic circulation and mass transit facilities or services or both are programmed in the capital improvements element of the comprehensive plan for construction in or before year three of the city's adopted budget or similarly adopted budget of other governmental agencies including the county's capital budget or the state agency having operational responsibility for affected facilities; in all cases such facilities must be committed for construction in or before year three; or

(7)

The necessary public facilities and services are guaranteed in an enforceable development agreement to be provided by the developer. An enforceable development agreement may include but is not limited to development agreements pursuant to F.S. § 163.3220 or an agreement or development order issued pursuant to F.S. ch. 380; or

(8)

Timely provision of the necessary public facilities and services will be guaranteed by some other means or instrument providing substantially equivalent assurances; and

(9)

In all instances where a decision to issue a building permit is based on subsection (5), (6), or (7) of this section, the following conditions shall apply:

a.

The necessary public facilities and services shall not be deferred or deleted from the capital improvements element of the comprehensive plan work program or adopted one-year capital budget unless the dependent final development order expires or is rescinded prior to the issuance of a certificate of use and occupancy;

b.

The public facilities and services necessary to serve development must be contracted for construction no later than 36 months after the date that the initial certificate of use and occupancy is issued for the dependent development; and

c.

Construction of the necessary public facilities and services must proceed to completion with no unreasonable delay or interruption.

(Code 1960, § 32-206(a); Ord. No. 94-109, § 2, 11-22-1994)

In determining the availability of public facilities and services pursuant to this division, the applicant may propose and the city may approve development in stages or phases so that the public facilities and services needed for each stage or phase will be available in accordance with the required criteria.

(Code 1960, § 32-206(b); Ord. No. 94-109, § 2, 11-22-1994)

The proportionate fair-share program shall apply to all developments within the city that have been notified of a lack of capacity to satisfy transportation concurrency on one or more transportation facilities according to the concurrency management program, including transportation facilities maintained by the Florida Department of Transportation (FDOT) or another jurisdiction that are relied upon for concurrency determinations, pursuant to the general requirements. 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.

(Ord. No. 2007-36, § 2, 4-10-2007)

(a)

An applicant whose project meets the applicability threshold may choose to satisfy transportation concurrency requirements by making a proportionate fair-share contribution, pursuant to the following requirements:

(1)

The proposed development is consistent with the city comprehensive plan and applicable land development regulations; and

(2)

The five-year schedule of capital improvements provided in the city capital improvements element (CIE) includes one or more transportation improvements that, upon completion, will satisfy the requirements of the city concurrency management program. The provisions of section (b) below may apply if a project or projects needed to satisfy concurrency are not presently contained within the capital improvements element.

(b)

The city may choose to allow an applicant to satisfy transportation concurrency for a deficient segment or segments, through the proportionate fair-share program, by the developer contributing to an improvement that, upon completion, will create additional capacity on the deficient segment or segments sufficient to accommodate the additional traffic generated by the applicant's proposed development even if the improvement project for the deficient segment or segments is not contained in the five-year schedule of capital improvements in the CIE where:

(1)

The city council holds an advertised public hearing to consider the proportionate share agreement and corresponding future changes to the five-year CIE; and

(2)

The city council approves a proportionate fair-share agreement, by resolution, directing the administration to file a city-initiated amendment adding the improvement to the five-year schedule of capital improvements in the CIE, no later than the next regularly scheduled update or revision of the CIE. To qualify for consideration under this section, the proposed improvement must be reviewed by the city council, and determined to be financially feasible, consistent with the city comprehensive plan, and in compliance with the provisions of this division.

(c)

Any improvement project proposed to meet a developer's fair-share obligation must meet city design standards for locally maintained roadways, and the state design standards for the state highway system.

(Ord. No. 2007-36, § 2, 4-10-2007)

(a)

Upon the notification of a lack of capacity to satisfy transportation concurrency, an applicant may choose to satisfy transportation concurrency through the proportionate fair-share program pursuant to the general requirements provided herein.

(b)

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

(c)

Eligible applicants shall submit an application to the planning division that includes an application fee, as established by resolution or administrative order, and the following:

(1)

Name, address, and phone number of owner, 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)

Phasing schedule, if applicable;

(6)

Description of requested proportionate fair-share mitigation method;

(7)

Copy of concurrency application; and

(8)

Location map depicting the site and affected road network.

(d)

Within ten business days, the streets department and planning division shall review the application and certify that the application is sufficient and complete. If an application is determined to be insufficient, incomplete, or inconsistent with the general requirements of the proportionate fair-share program, then the applicant shall 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 shall be deemed abandoned.

(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 FDOT. If a SIS facility is proposed for proportionate share mitigation, the applicant shall submit evidence of an agreement between the applicant and FDOT for inclusion in the proportionate fair-share agreement.

(f)

Once an application is deemed sufficient, complete, and eligible, a proposed proportionate fair-share obligation and binding agreement will be prepared by the applicant with city assistance and delivered to the streets department and planning division for review, including a copy to FDOT for any proposed proportionate fair-share mitigation on SIS facilities, no later than 60 days from the date at which the application was determined to be sufficient and no fewer than 14 days prior to the city council meeting when the agreement will be considered.

(g)

The office of the city clerk shall notify the applicant of the date, time, and location of city council meeting at which the agreement will be considered for final action. No proportionate fair-share agreement will be effective until approved by the city, by resolution.

(Ord. No. 2007-36, § 2, 4-10-2007)

(a)

Proportionate fair-share mitigation for concurrency impacts may include, separately or collectively, private funds, contributions of land, and construction and contribution of facilities as provided for in F.S. § 163.3180(16)(c).

(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 based on the form of mitigation as provided for in F.S. § 163.3180 (16)(c).

(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 amount of the proportionate-share contribution shall be calculated based upon the cumulative number of trips from the proposed development expected to reach roadways during the peak hour from the complete build-out of a stage or phase being approved, divided by the change in the peak hour maximum service volume of roadways resulting from construction of an improvement necessary to maintain the adopted level of service, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted level of service. This methodology is expressed by the following formula:

Proportionate Fair Share = + [[(Development Trips;sub\sub;) ° (SV Increase;sub\sub;)] X Cost;sub\sub;]

(Note: In the context of the formula, the term "cumulative" does not include a previously approved stage or phase of a development.)

Where:

+ = Sum of all deficient links proposed for proportionate fair-share mitigation for a project.

Development Trips;sub\sub; = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the concurrency management system;

SV Increase;sub\sub; = Service volume increase provided by the eligible improvement to roadway segment "i";

Cost;sub\sub; = Adjusted cost of the improvement to segment "i". Cost shall consist of all improvements and associated costs, including design, right-of-way acquisition, planning, engineering, inspection, and physical development costs, directly associated with construction at the anticipated cost in the year that construction will occur.

(d)

For purposes of determining proportionate fair-share obligations, the city shall determine improvement costs based upon the actual and/or anticipated costs of the improvement in the year that construction will occur.

(e)

If the city accepts an improvement project proposed by the applicant, then the value of the improvement shall be based on streets department cost estimate approved by the director of streets, or other method approved by the mayor.

(f)

If the city accepts a right-of-way dedication for 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 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 by the city at no expense to the city. 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, based on a city-approved appraisal, is less than the city estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to the purchase of acquisitions of any real estate intended to be used for proportionate fair-share, public or private partners should contact FDOT for essential information about compliance with federal law and regulations.

(Ord. No. 2007-36, § 2, 4-10-2007)

(a)

Where mitigation is occurring on county roads, proportionate fair-share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the county's impact fee ordinance.

(b)

Impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced according to the proportionate fair-share agreement as they become due pursuant to the county's impact fee ordinance. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the county pursuant to the requirements of the county impact fee ordinance.

(c)

Major projects not included within the county's impact fee ordinance or created herein that can demonstrate a significant benefit to the impacted transportation system may be eligible, at the county's discretion, for impact fee credits.

(d)

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location unless provided for within the county's impact fee ordinance.

(Ord. No. 2007-36, § 2, 4-10-2007)

(a)

The city has the authority by resolution to enter into a proportionate fair-share agreement.

(b)

Upon executing a proportionate fair-share agreement, in a form acceptable by the city, and satisfying other concurrency requirements, an applicant shall receive concurrency approval. Should the applicant fail to apply for a development order within 90 days of receiving concurrency approval by the city, the project's concurrency vesting shall expire, and the applicant shall be required to re-apply.

(c)

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final plat or building permit whichever occurs first. If the payment is submitted more than six months from the date of execution of the proportionate fair-share agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment. Once a proportionate share payment for a project is made and other impact fees for the project are paid, no refunds shall be given unless otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements.

(d)

All developer improvements authorized under the fair-share program must be completed as established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements.

(e)

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.

(f)

Any requested change to a development project subsequent to issuance of a development order shall be subject to additional proportionate fair-share contributions to the extent the change would increase project costs or generate additional traffic that would require mitigation.

(g)

Applicants should submit a letter to withdraw from a 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 are nonrefundable.

(h)

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. 2007-36, § 2, 4-10-2007)

(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 city's discretion, 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 proportionate fair share revenues collected for its construction may be applied toward the construction of alternative improvements within that same corridor or sector where the alternative improvement will mitigate the impacts of the development project on the congested roadway or roadways for which the original proportionate fair share contribution was made.

(Ord. No. 2007-36, § 2, 4-10-2007)

Within transportation concurrency management areas (TCMAs) designated by the city, the city hereby establishes a proportionate fair-share assessment, based on the expected costs and transportation benefits of all the programmed improvements in the area, and based on the expected trip generation of the proposed development.

(Ord. No. 2007-36, § 2, 4-10-2007)