(A)

Purpose and intent. The purpose of the Town of Longboat Key Transportation Proportionate Fair-Share Program 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 and in a manner consistent with F.S. § 163.3180(16), as may be amended. The town finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors and that the Town of Longboat Key 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 with Site Development Plan or development plan approval 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 Town of Longboat Key to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the Town's Comprehensive Plan capital improvement element (CIE); and

(5)

Is consistent with F.S. § 163.3180(16), as may be amended, and supports the policies in the Town of Longboat Key Comprehensive Plan.

(B)

Applicability. The proportionate fair-share program shall apply to all proposed developments in the Town of Longboat Key that are determined to lack the capacity to satisfy transportation concurrency on a transportation facility in the Town of Longboat Key transportation network, including transportation facilities maintained by another jurisdiction or Florida Department of Transportation (FDOT) that are relied upon for concurrency determinations, pursuant to the requirements of Subsection (C) The proportionate fair-share program does not apply to developments exempted from concurrency as provided in F.S. § 163.3180, as may be amended, and Section 158.030 of the Town of Longboat Key Zoning Code.

(C)

Transportation Concurrency Determination. All developments requiring Site Development Plan or Outline Development Plan approval and that are not exempted from transportation concurrency, as determined under Subsection (B) of this Section, shall submit a traffic impact analysis to ensure that the adopted LOS standards are not exceeded. The traffic impact analysis shall determine if a transportation impact study is required under Section 158.030 of the Town Zoning Code. The Town shall determine the transportation capacity requirements before an application for site development plan will be accepted by the Town.

(D)

Transportation Impact Study. Upon a determination by the Town that a transportation impact study is required in accordance with Section 158.030, the study shall state what improvements are necessary to satisfy the transportation impacts under Section 158.030 and to bring the transportation network into compliance with the designated LOS. The Town shall have the opportunity to review the transportation impact study findings to determine whether the necessary improvements are sufficient and are funded in full before an Applicant will be allowed to schedule the initial pre-application meeting required under Section 158.027. The Town may require verification that the findings of the traffic impact study continue to be valid throughout the site development plan approval process, which may require an adjustment to the improvements necessary to maintain the designated LOS.

(E)

Application Process for a Proportionate Fair-Share Agreement.

(1)

Upon determination under Subsection (D) of a lack of capacity to satisfy transportation concurrency and of a lack of funding for the necessary improvements to maintain, at a minimum, the required LOS, the Applicant shall be notified in writing of the opportunity to satisfy transportation concurrency through the proportionate fair-share program.

(2)

Prior to submitting an application for a proportionate fair-share agreement (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), or if impacted facilities are anticipated to be located within the jurisdiction of another local government, then the FDOT or appropriate local government will be notified and invited to participate in the pre-application meeting.

(3)

Eligible Applicants shall submit an application to the Town of Longboat Key that includes an application fee as established by resolution and the following:

(a)

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

(b)

Property location (physical address), including parcel identification numbers;

(c)

Legal description and survey of property;

(d)

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

(e)

Phasing schedule, if applicable; and

(f)

Description of requested proportionate fair-share mitigation method(s).

(4)

The Town Manager or designee shall review the application for completeness and notify the Applicant in writing of the completeness determination. If an application is determined to be incomplete with the general requirements of the proportionate fair-share program as indicated in Subsection (E)(3), the Applicant will be notified of the reasons for such deficiencies.

(5)

Pursuant to F.S. § 163.3180(16)(e), as may be amended, proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrence of the FDOT. The Applicant shall submit evidence of a written agreement between the Applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(6)

When an application is deemed complete and eligible, a proposed proportionate fair-share obligation and binding agreement will be prepared by the Town of Longboat Key, or by the Applicant with direction from the Town of Longboat Key, and delivered to the appropriate parties for review, including a copy to FDOT for any proposed proportionate fair-share mitigation on a SIS facility.

(7)

The Town of Longboat Key shall notify the Applicant regarding the dates of the Longboat Key Town Commission meetings when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the Longboat Key Town Commission.

(F)

General Requirements.

(1)

An Applicant may choose to satisfy the transportation concurrency requirements of the Town of Longboat Key by making a proportionate fair share contribution, pursuant to the following:

(a)

Transportation facilities identified as mitigation for the traffic impact of the proposed development are specifically identified in the five-year schedule of capital improvements contained in the CIE; and, the completion of such facilities will enable the adopted level of service to be achieved; or

(b)

The transportation facilities identified as mitigation for the traffic impacts of the proposed development are not specifically identified in the five-year schedule of capital improvements contained in the CIE of the Town of Longboat Key Comprehensive Plan.

(2)

The Town of Longboat Key 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 concurrency requirements of the Town of Longboat Key transportation network, but is not contained in the five-year schedule of capital improvements in the CIE, where the following apply:

(a)

The Town of Longboat Key, at its sole discretion, 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 Town of Longboat Key, and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)(1), as may be amended, consistent with the Comprehensive Plan, and in compliance with the provisions of this Section. Financial feasibility for this Section means that additional contributions, payments, or other funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities.

(b)

If the funds allocated for the five-year schedule of capital improvements in the Town of Longboat Key CIE are insufficient to fully fund construction of a transportation improvement required to achieve concurrency, the Town of Longboat Key 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 is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair share component must be adopted into the five-year capital improvements schedule of the Comprehensive Plan or the long-term schedule of capital improvements for an adopted long-term concurrency management system at the next annual capital improvements element update.

(3)

In addition to meeting the requirements of either Subsections (F)(2)(a) or (F)(2)(b), above, Applicants must also meet the following requirement:

(a)

The proposed development is consistent with the Comprehensive Plan and applicable land development regulations;

(b)

The proportionate fair-share development must be accepted and executed by the Town and all other necessary parties before the proposed Site Development Plan will be approved;

(c)

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

(G)

Intergovernmental Coordination. Sometimes development occurring within the Town limits will impact transportation facilities maintained by another government entity, such as FDOT, Sarasota County, City of Sarasota, City of Bradenton, Manatee County, and the jurisdictional governments of Anna Maria Island. Such facilities may be located inside or outside of the Town limits. Therefore, the Town will continue to coordinate with other affected jurisdictions regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. Pursuant to this, a mutually acceptable interlocal agreement may be established with other affected jurisdictions to address the cross-jurisdictional impacts of developments on transportation and roadway facilities.

(H)

Determination of Proportionate Fair-Share Obligation.

(1)

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.

(2)

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.

(3)

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

This formula may be stated alternatively as:

Proportionate Fair Share = (Development Trips)/(SV Increase) x Cost

Where:

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

SV Increase = Service volume increase provided by the eligible improvement to roadway segment "i" per Subsection (D);

Cost = 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.

(4)

For the purposes of determining proportionate fair-share obligations, the Town of Longboat Key shall determine improvement costs based upon the actual cost of the improvement as obtained from the CIE, the Metropolitan Planning Organization (MPO)/Transportation Improvement Program (TIP) or the FDOT Work Program. Where such information is not available, improvement cost shall be determined using one of the following methods:

(a)

An analysis by the Town of Longboat Key of costs by cross-section type that incorporates data from recent projects and is updated annually and approved by the Longboat Key Town Commission. In order to accommodate increases in construction material costs, project costs shall be adjusted by the Engineering News Record (ENR) Construction Index; or

(b)

The most recent issue of FDOT transportation costs, as adjusted based upon the type of cross-section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and, significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT work program shall be determined using this method in coordination with the FDOT district.

(5)

If the Town of Longboat Key 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.

(6)

If the Town of Longboat Key has accepted 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 the most recent assessed value by the Manatee or Sarasota County Property Appraiser or, at the option of the Applicant, by fair market value established by an independent appraisal approved by the Town of Longboat Key and at no expense to the Town of Longboat Key. The Applicant shall supply a sketch and legal description of the land and a certificate of title or title search of the land to the Town of Longboat Key at no expense to the Town of Longboat Key. If the estimated value of the right-of-way dedication proposed by the Applicant is less than the Town of Longboat Key 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 proportionate fair-share, public or private partners shall contact the FDOT for essential information about compliance with federal law and regulations.

(I)

Impact Fee Credit for Proportionate Fair Share Mitigation. Proportionate fair-share payments, dedication of rights-of-way accepted as proportionate fair-share payment, and developer-constructed improvements accepted as proportionate fair-share payment shall be eligible for road impact fee credits to the extent consistent with the provisions of the applicable interlocal agreement between the Town of Longboat Key and the impacted adjacent governmental entities. The terms of the impact fee credit may be established in the proportionate fair-share agreement.

(J)

Proportionate Fair-Share Agreements.

(1)

Upon execution of a proportionate fair-share Development Agreement, the Applicant shall receive a Town of Longboat Key certificate of concurrency approval. Should the Applicant fail to apply for a development permit within 12 months of the execution of the agreement, then the agreement shall be considered null and void and the Applicant shall be required to reapply.

(2)

Payment of the proportionate fair-share contribution is due in full before application for Building Permits will be allowed and shall be nonrefundable. If the payment is submitted more than 12 months after the date of execution of the 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, pursuant to Subsection (H) and adjusted accordingly.

(3)

All developer improvements authorized under this Section must be completed prior to the approval of a Site Development Plan order or Outline Development Plan, or as otherwise secured in a binding agreement that is accompanied by the appropriate bond instrument(s) that is sufficient to insure the completion of all required improvements.

(4)

Dedication of necessary rights-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.

(5)

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.

(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 to the Town of Longboat Key will be nonrefundable.

(7)

The Town of Longboat Key may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple Applicants on improvements to a shared transportation facility.

(K)

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 Town of Longboat Key CIE, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the local government, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project for 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).

(2)

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 Subsection (H).

(3)

Where an Applicant constructs a transportation facility that exceeds the Applicant's proportionate fair-share obligation calculated under Subsection (H), the Town of Longboat Key shall reimburse the Applicant for the excess contribution using one or more of the following methods:

(a)

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 Town of Longboat Key.

(b)

An account may be established for the Applicant for the purpose of reimbursing the Applicant for the excess contribution with proportionate fair-share payments from future Applicants on the facility.

(c)

The Town of Longboat Key may compensate the Applicant for the excess contribution through payment or some combination of means acceptable to the Town of Longboat Key and the Applicant.

(L)

Cross Jurisdictional Impacts.

(1)

A development application submitted to the Town of Longboat Key that has been determined to use 75 p.m. peak hour trips or more on Gulf of Mexico Drive shall be subject to this Section.

(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, as may be amended, the Town of Longboat Key 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. Such coordination shall be ratified by the Town of Longboat Key through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

(3)

In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the Town of Longboat Key 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 in this Section to address the cross jurisdictional transportation impacts of development.

(4)

Upon identification of an impacted regional facility pursuant to Subsection (L)(2), the Town of Longboat Key shall notify the Applicant and the affected adjacent local government in writing of the opportunity to derive an additional proportionate fair-share contribution, based on the projected impacts of the proposed development on the impacted adjacent facility.

(a)

The adjacent local government shall have up to 90 days from the date of the notice in which to notify the Town of Longboat Key of a proposed specific proportionate fair-share obligation, and the intended use of the funds when received. The adjacent local government must provide reasonable justification that both the amount of the payment and its intended use comply with the requirements of F.S. § 163.3180(16), as may be amended. Should the adjacent local government decline proportionate fair-share mitigation under this Section, then the provisions of this Section would not apply and the Applicant would be subject only to the proportionate fair-share requirements of the Town of Longboat Key.

(b)

If the subject application is subsequently approved by the Town of Longboat Key, the approval shall include a condition that the Applicant provides, prior to the issuance of any Building Permit covered by that application, evidence that the proportionate fair-share obligation to the adjacent local government has been satisfied. The Town of Longboat Key may require the adjacent local government to declare, in a resolution, ordinance, or equivalent document, its intent for the use of the concurrency funds to be paid by the Applicant.

(Ord. 2018-24, passed 4-1-19)