It is the purpose of this article to describe the requirements and procedures for determination of consistency of proposed development projects with the town comprehensive plan, including meeting the concurrency requirements of the plan.

(Ord. of 12-12-90, § 4.00.00)

(a)

Generally. The following method of ensuring concurrency shall be followed. This system is based upon the town comprehensive plan, especially the capital improvements element and adopted level of service standards. The system is designed to ensure that the issuance of a preliminary development order, conditional use approval, variance or business tax receipt will not result in a degradation of the adopted levels of service for specified public facilities and services.

(b)

Degradation. Adopted levels of service shall not be degraded.

(1)

General rule.

a.

All applications for development orders shall demonstrate that the proposed development does not degrade adopted levels of service in the town as set out in the town comprehensive plan.

b.

The latest point at which concurrency is determined is the preliminary development order. If a development order is not required, the latest point to determine concurrency is the first building permit on a site.

(2)

Exception. Notwithstanding the foregoing, the prescribed levels of service may be degraded during the actual construction of new facilities if, upon completion of the new facilities, the prescribed levels of service will be met.

(c)

Determination of availability of capacity. For purposes of these regulations the available capacity of a facility shall be determined by:

(1)

Adding together:

a.

The total capacity of existing facilities operating at the required level of service; and

b.

The total capacity of new facilities, if any, that will become available on or before the date of occupancy of the development. The capacity of new facilities may be counted only if one or more of the following is shown:

1.

Construction of the new facilities is under way at the time of issuance of the final development order.

2.

The new facilities are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time of issuance of the final development order.

3.

The new facilities are guaranteed in an enforceable development agreement. Such facilities shall be consistent with the capital improvements element of the town comprehensive plan. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(2)

Action upon failure to show available capacity. Where available capacity cannot be shown, the following methods may be used to maintain adopted level of service:

a.

The project owner or developer may provide the necessary improvements to maintain level of service. In such case the application shall include appropriate plans for improvements, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the level of service, and recordable instruments guaranteeing the construction, and, where applicable, including letters from the providing agency that adequate service is available.

b.

The proposed project may be altered such that projected level of service is no less than the adopted level of service.

(d)

Burden of showing compliance on developer. The burden of showing compliance with these level of service requirements shall be upon the developer. In order to be approvable, applications for development approval shall provide sufficient information showing compliance with these standards.

(e)

Determination of concurrency. The determination of concurrency occurs during the review and approval of the preliminary development plan, and shall include compliance with the level of service standards adopted by the town.

(Ord. of 12-12-90, § 4.01.00; Ord. No. 162, § 7, 12-20-06)

(a)

Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on 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 state statute.

(b)

Applicability. The proportionate fair-share program shall apply to all developments that fail to meet the standards of this chapter and the town's comprehensive plan on a roadway within the town that is not the responsibility of the county, the state or another agency. The proportionate fair-share program does not apply to the following:

(1)

Collector and arterial roads which are not the responsibility of the town pursuant to Section 1.3(4) of the County Charter;

(2)

Developments of regional impact using proportionate fair-share pursuant to F.S. § 163.3180(12);

(3)

Projects exempted from this chapter by state law;

(4)

Projects that received traffic concurrency approval prior to December 1, 2006;

(5)

Individual single family homes; and

(6)

Vested projects.

(c)

General requirements. An applicant may choose to satisfy the level of service for capital road facilities by making a proportionate fair-share contribution, so long as each of the following requirements is met:

(1)

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

(2)

The road improvement necessary to maintain the level of service for capital road facilities is identified in the five-year schedule of capital improvements in the capital improvements element.

(3)

Any improvement project proposed to meet the developer's fair-share obligation shall meet the town's design standards for locally maintained roadways.

(d)

Intergovernmental coordination. In accordance with the intergovernmental coordination element of the town's comprehensive plan, the town shall coordinate with the county and other affected jurisdictions, such as the state department of transportation, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation.

(e)

Application process.

(1)

In the event of a lack of capacity to maintain the level of service for capital road facilities, the applicant shall have the opportunity to satisfy the level of service for capital road facilities requirements through the proportionate fair-share program subject to the requirements of subsection (c).

(2)

Prior to the submittal of an application, eligible applicants shall schedule a pre-application meeting with town staff. Subsequent to the pre-application meeting, eligible applicants shall submit a completed development application and all documentation requested by the town. The applicant shall be required to pay a reasonable fee for the cost of reviewing the application as established by the town council. If the impacted facility is on the strategic intermodal system (SIS), then state department of transportation will be notified and invited to participate in the pre-application meeting.

(3)

Town staff shall review the application and certify that the application is sufficient and complete within 14 working 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 subsection (c), then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the town, unless the town determines that the applicant is working in good faith to remedy the stated deficiencies, in which case the town may extend the deadline as deemed appropriate by the town.

(4)

In accordance with statutory requirements, proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the state department of transportation. The applicant shall submit evidence of an agreement between the applicant and the department for inclusion in the proportionate fair-share agreement.

(5)

When an application is deemed sufficient and complete in accordance with subparagraph (3) above, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement prepared by the town shall be executed by the applicant and delivered to the appropriate parties for review, including a copy to the department of transportation 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 and complete application. If the agreement is not received by the town within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the town, unless the town determines that the applicant is working in good faith to remedy the stated deficiencies, in which case the town may extend the deadline as deemed appropriate by the town.

(6)

No proportionate fair-share agreement will be effective until approved by the town.

(f)

Determining proportionate fair-share obligation

(1)

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

(2)

A development eligible for participation under the proportionate fair-share program 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.

(3)

The methodology used to calculate a development's proportionate fair-share obligation shall be as provided by state statute:

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, 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, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted level of service.

OR

Proportionate Fair-Share =

σ[[Development Trips;sub\sub;)/(SV Increase;sub\sub;)] × Cost;sub\sub;]

Where:

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

Sv Increase;sub\sub; = Service volume increase provided by the eligible improvement to roadway segment "i" per subsection (c).

Cost;sub\sub; = Adjusted cost of the improvement to segment "i." Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred.

(4)

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

(5)

If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the or by some other method approved by the town.

(g)

Impact fee credit for proportionate fair-share mitigation

(1)

Proportionate fair-share contributions shall be applied as a credit against road 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 road impact fees which may hereafter be established by the town.

(2)

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed project. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed project cannot be transferred to any other project.

(h)

Proportionate fair-share agreements

(1)

Upon execution of a proportionate fair-share agreement, the applicant shall receive a certification of concurrency reservation for capital road facilities. Should the applicant fail to apply for a development permit within 12 months, then the agreement shall be considered null and void, and the applicant shall be required to reapply, unless the town and the applicant mutually agree to an extension.

(2)

Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be non-refundable. If the payment is submitted more than 90 days from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to subsection (f) and adjusted accordingly.

(3)

In the event an agreement requires the applicant to pay or build 100 percent of one or more road improvements, all such improvements shall be commenced prior to issuance of a building permit and assured by a binding agreement that is accompanied by a performance security, as determined by the town, which is sufficient to ensure the completion of all required improvements.

(4)

Dedication of necessary rights-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit.

(5)

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

(6)

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 paid to the town will be non-refundable.

(i)

Appropriation of fair-share revenues

(1)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the capital improvements element, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the local match for any matching requirement for state and federal grant programs as may be allowed by law.

(2)

In the event a scheduled facility improvement is removed from the capital improvements element, then the revenues collected for its construction may be applied toward the construction of another improvement within the town that would mitigate the impacts of development pursuant to the requirements of subsection (c).

(Ord. No. 163, § 2, 12-20-06)