A.

Short Title. This ordinance may be referred to and cited as the "City of Inverness Proportionate Fair Share Program," and shall be effective within the incorporated city limits of the City of Inverness.

B.

Authority. This ordinance is adopted pursuant to Florida Statues, Chapter 163.

C.

General Provisions. The City of Inverness Proportionate Fair Share Program shall be applicable in the case of transportation facilities within the City of Inverness where capacity does not exist, but the developer has made application to contribute a proportionate share pursuant to the Program to satisfy transportation concurrency.

For the purpose of this program, "transportation concurrency" is defined as: The system of providing public facilities needed to serve new development that must be in place or under actual construction within three years after the local government approves a building permit or its functional equivalent that results in traffic generation.

"Financial feasibility" means that sufficient revenues are currently available or will be available from committed funding sources for the first three (3) years, or will be available from committed or planned funding sources for years 4 and 5, 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. The requirement that level-of-service standards be achieved and maintained shall not apply if the proportionate share process set forth in F.S. § 163.3180(12) and (16) is used.

D.

Transportation Concurrency Mitigation. Pursuant to the City of Inverness Proportionate Share Program, the applicant may make a proportionate share contribution to satisfy transportation concurrency providing the following requirements are met:

1.

Procedure.

a.

When capacity is not available on transportation facilities, the applicant shall be notified in writing of the opportunity to satisfy transportation concurrency through the City's Proportionate Share Program. Unless otherwise stated herein, all development in the City receiving notification that needed transportation capacity is unavailable may participate in the City's proportionate share program to satisfy transportation concurrency in light of the impacts of development on specific public facilities. Developments of Regional Impact using proportionate share under Section 163.318(12), Florida Statue, and development otherwise exempt from concurrency pursuant to the City requirements of Section 2.13, Land Development Code are not eligible to participate.

b.

To participate, within ten (10) days of receipt of the written concurrency determination, the applicant shall notify the Director of Development Services in writing. Upon receipt of notice, the Director of Development Services shall schedule a mandatory pre-application meeting to discuss eligibility, procedures and possible mitigation alternatives. The applicant shall attend the mandatory pre-application meeting with representatives of the City, and, if facilities in the State Highway System (SHS) are affected by the proposed development's traffic, the Florida Department of Transportation (FDOT) also shall be invited to attend. The Director of Development Services shall invite adjacent government representatives to attend if the proposed development appears to impact facilities outside the City's jurisdiction.

c.

Within ten (10) days after the pre-application meeting, the applicant shall submit to the Director of Development Services a petition for proportionate share determination. Unless otherwise specified, the general application requirements found in Section 2.13 Concurrency, Level of Service Maintenance Requirements, sub-section D Traffic Circulation of the Land Development Code shall govern the filing of a petition for proportionate share determination. In addition to meeting the general requirements of Section 2.13 Concurrency, Level of Service Maintenance Requirements, sub-section D Traffic Circulation of the Land Development Code, the application shall include the following:

1)

Project and mitigation description and phasing schedule, if available:

2)

A copy of most recent traffic study with supporting data;

3)

A copy of the written concurrency determination; and

4)

The applicant-prepared proportionate share calculation and description of the methodology used.

The applicant shall submit five (5) copies of the petition to the Department of Development Services and three (3) copies to the FDOT if SHS facilities are involved in the proportionate share determination.

d.

Within thirty (30) days after receipt, the Department of Development Services shall review the application for completeness and shall notify the applicant if it is incomplete. The applicant will be given thirty (30) days to cure any deficiencies. If, after thirty (30) days, the petition is still insufficient without good cause shown, the petition will be deemed withdrawn. If the application is complete, the Department of Development Services shall determine whether an identified transportation improvement exists within the five-year schedule of capital improvements within the capital improvement element (CIE) of the comprehensive plan that, upon completion, will mitigate the additional traffic generated by the proposed development.

e.

The City Council shall hold a public hearing pursuant to F.S. § 163.3225 Public Hearings to consider the petition and a developer's agreement incorporating the terms and conditions of the proportionate share contribution. Pursuant to F.S. § 163.3225 Public Hearings, the City Council shall at the conclusion of the public hearing approve, deny or approve with conditions the petition and proportionate share agreement, so long as the conditions are consistent with this ordinance and F.S. § 163.3180(16). No such developer's agreement shall be effective until the City Council approves it and the applicant has executed it. A fully executed, conformed copy of the developer's agreement shall be recorded in the Public Records of Citrus County, Florida at the applicant's expense within thirty (30) days.

f.

The City Council may approve the developer's agreement only if the underlying proposed development is consistent with the City of Inverness Comprehensive Plan, all applicable provisions of this ordinance, and either:

1)

The City had identified a transportation improvement in its five-year schedule of capital improvements in the Capital Improvements Element (CIE) that, upon completion, will mitigate the additional traffic generated by the proposed development; or

2)

The City by resolution will add such an improvement to its 5-year schedule of capital improvements in the CIE no later than the next regularly scheduled update, and the improvement is determined to be financially feasible pursuant to F.S. § 63.3180(16)(b)1, meaning that additional contributions, payments or other funding sources are reasonably anticipated to, in combination with the developer's proportionate share, fully fund the project at least within a 10-year period. The City may in select cases and at the City Council's sole discretion approve the developer's agreements where proportionate share payments are not adequate to render an improvement financially feasible yet the payment significantly benefits the impacted transportation system (i.e. reduces access problems and congestion or trips on a major road corridor). In the latter case, the proposed improvements must be contained in an adopted short or long range plan or program of the City, FDOT, and/or local and regional transit agency. In addition, where development impacts to SHS facilities are implicated by a proportionate share agreement, FDOT concurrence is required. It is the applicant's responsibility to furnish proof to the City of FDOT's concurrence.

g.

The filing of an application pursuant to this section shall be without prejudice to the right of the applicant to assert a claim of vested rights for a three-year period or other period as specified by statue; provided, however, that upon execution of a proportionate share agreement, the applicant shall be deemed to have waived any right to assert vested rights.

2.

Calculating proportionate share.

a.

Proportionate share contributed as mitigation for the transportation impacts on specific public facilities may take several forms, including but not limited to, separately or collectively private funds, donations of land, construction and contribution of facilities. A developer may not be required to contribute more than his proportionate share. And, the fair market value of proportionate share contribution shall not differ, regardless of its form.

b.

A specific development's proportionate share of improvements shall be calculated using the following formula:

Proportionate Share Contribution =

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

Where:

σ = Sum of all deficient links proposed for proportionate share mitigation for a project;

Development trips = PM Peak Hour Peak directional trips from the stage or phase of development under review that are assigned to roadway segment "i" and that is deficient per the Concurrency Management System data base;

SV Increase;sub\sub; = Service Volume increase provided by the eligible Improvement to roadway segment "i" based on the adopted level of service standard for that facility;

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, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred.

c.

For purposes of determining proportionate share obligations, the City shall determine improvement costs, as defined herein, in the Capital Improvement Element of the City of Inverness Comprehensive Plan, or the FDOT Work Program. For those improvements not included in those sources, the cost shall be determined by the Director of the Department of Public Works, adjusted by an inflation factor. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined in coordination with the FDOT District. The cost of the improvement for a proportionate share agreement shall be fixed at the time the agreement is approved by the City Council, and the developer shall not be responsible for any further fluctuations in cost unless otherwise specified in the agreement. As it relates to the City's schedule of capital improvements in the CIE, the cost of the improvement shall be subject to annual review in concert with the City's annual update of its CIE.

d.

If the City has accepted the right-of-way dedication for all or a portion of the proportionate share contribution, credit for the dedication of non-site related right-of-way shall be valued through an appraisal at the date of dedication, at no expense to the City, from a MAI appraiser approved by the City. The City shall determine the nature and scope of the appraisal and may charge the developer a review fee. The developer shall furnish a legal description, a boundary survey prepared by a Florida-licensed surveyor, and title opinion to the City at no expense to the City. Prior to purchase or acquisition of real estate or acceptance of donations of real estate intending to be used for proportionate share contributions, parties should contact the FDOT regarding procedures for compliance with federal law and regulations.

e.

The City shall give credits against the portion of impact fees that would have funded the same public facility improvement or improvement(s) made instead by the developer's proportionate share contribution. In addition, if the proportionate share is based on only a phase of the development or a portion of the development's traffic, the impact fee credit shall also be limited to the relevant portion of the development's proportionate share. Impact fee credit may not be transferred or assigned to a different location without the City's consent. Impact fee credit shall be determined when the transportation impact fee obligation is calculated for the proposed development. The impact fee credit shall be calculated using the following formula:

Credit = Project VMT/Total VMT x Impact Fees

Where:

Project VMT = Project trips for which a proportionate share is calculated x length of segment for which a proportionate share is calculated

Total VMT = Vehicle Miles of Travel generated by the project

VMT = ADT x % NEW x ALT/2

ADT = Trip ends during a weekday

% NEW = Percent of trips that are primary trips

ALT = Average Trip Length

/2 = Avoids double-counting trips for origin and destination

f.

Payment of the proportionate share contribution is due in full prior to issuance of the final development order, at the City's discretion, and shall be nonrefundable. If payment is made more than twelve (12) months after execution of the proportionate share agreement, then:

1)

The amount shall be recalculated at the time of payment based on the best estimate of the cost of the required improvement at the time of payment, pursuant to Section 2 and adjusted accordingly; and

2)

At the City's discretion, traffic service volumes may be updated and a traffic study update required to determine if additional traffic impacts warrant adjustments to the proportionate share contribution.

g.

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate share agreement must be made in a form acceptable to the City Attorney, prior to issuance of the final development order at the City's discretion.

h.

Unless provided otherwise in the proportionate share agreement, all developer improvements authorized or required pursuant to this Section must be completed prior to issuance of a development permit. A proportionate share agreement may authorize issuance of one or more development orders notwithstanding failure to complete such improvements, only where completion is guaranteed in the agreement and the guarantee is secured by a letter of credit or surety agreement in a form satisfactory to the City Attorney and in amount satisfactory to ensure completion of all required improvements. The guarantee for all developer improvements shall be the sum of the costs as identified in Section B of this ordinance. In such instance, the proportionate share agreement shall also require the applicant/developer to provide such supporting, itemization information as the City Public Works Director may reasonably require to support the actual or estimated construction cost.

i.

Notwithstanding the execution of a proportionate share agreement, any amendments to the scope of development shall, unless waived by the City in writing, require additional proportionate share contributions to the extent the change generates additional traffic impacts that require mitigation.

j.

The City may enter into proportionate share agreements for selected corridor improvements to facilitate cooperation among multiple developers to accomplish improvements to a shared transportation facility.

k.

The City shall appropriate proportionate shale contributions for the identified improvements scheduled in the CIE. The City may, in its discretion, use proportionate share revenues for short-term operational improvements on the same facility prior to construction of the identified project. Proportionate share revenues also may be used as 50 percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP) where a qualifying regional facility under F.S. § 339.155, is impacted by development.

l.

In the event a scheduled facility improvement is removed from the CIP, then proportionate share revenues collected for its construction may be applied for construction of another improvement within the same corridor or sector that would mitigate impacts of development.

m.

Developers who construct transportation improvements exceeding their proportionate share obligation calculated under Section B may qualify for reimbursement for the excess contribution using one or more of the following methods:

1)

An impact fee credit account may be established for the applicant in the amount of the excess contribution, a portion or all of which may be assigned and reassigned under the terms and conditions acceptable to the City.

2)

An account may be established for the Developer for the purpose of reimbursing the applicant for the excess contribution with proportionate share payments from future applicants on the facility; or

3)

The City may reimburse the applicant for the excess contribution through payment or some combination of means acceptable to the City and Developer.

n.

Applicants who submit a petition for proportionate share determination that contain a material misrepresentation of fact(s) may be subject to sanctions by the City, including but not limited to suspension of development activity, revocation of the proportionate share agreement governed by this ordinance and revocation of related development orders.

o.

Pursuant to policies in the Intergovernmental Coordination Element of the City Comprehensive Plan and applicable policies in the adopted Withlacoochee Regional Planning Council 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 of proportionate share mitigation. An interlocal agreement or memorandum of understanding to establish review criteria and decision time-frames may be established with other affected jurisdictions for this purpose.

(Ord. No. 2007-653, § 1, 12-18-07)