(A)

Concurrency is a finding that the public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. The provisions of this article are designed to provide a systematic process for the review and evaluation of all proposed development for its impact on basic public facilities and services, as required by the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. Ch. 163, Pt. II, and Rule 9J-5.0055, Florida Administrative Code.

(B)

No final development order shall be granted for a proposed development until there is a finding that all public facilities and services included in this article have sufficient capacity at or above their adopted level-of-service (LOS) to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted LOS will be in place concurrent with the impacts of the development, as defined herein.

(A)

Public Facilities and Services for which Concurrency Is Required

(1)

The provisions and requirements of this article shall apply only to those public facilities and services listed below:

(a)

Transportation.

(b)

Sanitary sewer.

(c)

Solid waste.

(d)

Stormwater (drainage).

(e)

Potable water.

(f)

Recreation and open space.

(2)

In no case shall a development order be issued for a minimum threshold project which would impact a public facility for which a moratorium or deferral on development has been placed.

(3)

The City shall not issue a development agreement or a site development order unless or until there is a concurrency finding for the development.

(B)

Development Subject to Concurrency Review Unless specifically exempted below, all applications for a development order shall be subject to concurrency review.

(1)

Vested Projects. Projects which are determined in accordance with the City's vesting requirements to have vested rights with regard to the concurrency requirement shall be exempt from the provisions of this article.

(2)

Minimum Threshold. The following development shall be exempt from the transportation and other applicable components of concurrency review:

(a)

Residential projects which would create one (1) additional single-family homesite;

(b)

Non-residential expansions of up to ten (10) percent of the existing gross floor areas, providing such expansion is estimated to create one (1) equivalent residential unit of utility demand or less;

(c)

Non-residential developments meeting the de minimis standards under F.S. § 163.3180(6), and described in Section 9.7(B), below; and

(d)

Construction of accessory buildings and structures which do not create additional public facility demand.

(C)

Minimum Requirements for Concurrency To ensure that public facilities and services necessary to support development are available concurrent with the impacts of said development, the standards in subdivisions (1) through (3), below, must be met. In determining the availability of services or facilities, a developer may propose and the City may approve, developments in stages or phases so that facilities and services needed for each phase will be available in accordance with the standards required by F.S. § 163.3180 and Rules 9J-5.0055(2)(a), (2)(b) and (2)(c), FAC.

(1)

For Potable Water, Sewer, Solid Waste and Drainage. The following standards of Rule 9J-5.0055(2)(a), FAC shall be met:

(a)

The necessary facilities and/or services shall be in place at the time the certificate of occupancy is issued; or

(b)

All development orders or permits shall be issued subject to the condition that the certificate of occupancy will be issued only if the necessary facilities and services will be in place when the impacts of development occur; or

(c)

The necessary facilities shall be under construction at the time the development permit is issued; or

(d)

The necessary facilities and services are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S Ch. 163.3220, or an agreement or development order issued pursuant to F.S. Ch. 380. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(2)

For Parks and Recreation. The following standards of F.S. § 163.3180(2)(b) and Rule 9J-5.0055(2)(b), FAC shall be met:

(a)

At the time the development order or permit is issued, the necessary facilities and services shall be the subject of a binding executed contract which provides that parks and recreation facilities to serve new development shall be in place or under actual construction no later than one (1) year after issuance of a certificate of occupancy. However, the acreage for such facilities shall be dedicated or be acquired by the City prior to issuance of a certificate of occupancy or funds in the amount of the developer's fair share shall be committed prior to issuance by the City of a certificate of occupancy; or

(b)

The necessary facilities and services shall be guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one (1) year of the issuance of the applicable development permit. 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.

(3)

For Transportation: The following standards of F.S. § 163.3180(2)(c) and F.S. § 163.3180(16), and § Rule 9J-5.0055(2)(c), FAC shall be met:

(a)

At the time the development order or permit is issued, transportation facilities needed to serve new development shall be in place or under actual construction no more than three (3) years after issuance by the local government of a certificate of occupancy or its functional equivalent; or

(b)

The necessary facilities and services shall be guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within three (3) years of the issuance of the applicable development permit. 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

(c)

All developments in the City that have been notified of lack of capacity to satisfy transportation concurrency on a transportation facility shall participate in the City's Proportionate Fair-Share Program as identified in Section 9.7.

(D)

Concurrency Administration The City shall be responsible for the following five (5) primary tasks associated with administration of this article:

(1)

Creating and maintaining an inventory of existing public facilities, capacities, or deficiencies;

(2)

Determining concurrency of pending development order applications; that is, development orders that do not have a concurrency determination.

(3)

Providing advisory concurrency assessments and recommending conditions of approval for all development orders;

(4)

Conducting an annual review of the five-year schedule of capital improvements in the capital improvements element (CIE) and modifying as necessary, to maintain financial feasibility pursuant to F.S. § 163.3164(32); and

(5)

Annually reporting the status of all public facilities capacities covered under this Article to the City Council, the City Manager and the public.

(Ord. No. 1389, § 2, 11-20-06)

The adopted level-of-service standards for those public facilities for which concurrency is required shall be those established in the City's Comprehensive Plan.

The requirements of this section are applicable to both vested and new developments.

(A)

Transportation

(1)

The current edition of the Trip Generation Report, prepared by the Institute of Transportation Engineers (ITE) shall be used to calculate average daily and peak hour trip ends generated by new development. Adjustments to these estimates may be made based on information supplied by the Applicant and generally acceptable traffic engineering practice, as accepted by the City Engineer and/or the City Engineer's designee and/or the City's transportation engineering consultant.

(2)

Traffic Analysis Required: All new developments shall be required to submit trip generation data which identifies "a" and "b" below. The City will review the traffic data submitted for a proposed development and determine if a more extensive review of traffic impacts is required. Such an analysis shall include the following:

(a)

Projected average daily trip ends for the proposed development.

(b)

Maximum projected peak-hour trip ends generated by the development.

(c)

Design capacity of the accessed road(s).

(d)

Analysis of traffic distribution for both daily and PM Peak Hour/Peak Direction conditions on the road network including all roadway sections within one (1) mile of each site access point to a collector or arterial roadway, to the extent that new trips with one (1) end in the project represent more than ten (10) percent of the roadway capacity.

(e)

Projected percentage of truck and bus traffic.

(f)

Necessary operational improvements to the City's transportation system within the City based on requirements of the Comprehensive Plan.

(g)

Intersection analysis for major intersections for all affected roadways as described in item (d). Major intersections shall be determined by the City.

(h)

Other related information as required by the City.

(B)

Sanitary Sewer

(1)

The City's standard for estimating sanitary sewer demand shall be one (1) equivalent residential unit (ERU). An ERU equals three hundred (300) gallons per day (gpd) unless otherwise established for a private provider by the Public Service Commission.

(2)

For uses other than residential, the generation standards shall be determined in compliance with all applicable City Ordinances and approved City engineering standards.

(C)

Solid Waste

(1)

The City encourages all development to make accommodations for the recycling of solid waste.

(2)

Developers shall obtain a letter from Seminole County verifying that the County has sufficient available capacity to serve the proposed development.

(3)

Commercial, institutional and industrial developments which are potential hazardous waste generators shall be responsible for coordinating with Seminole County for disposal of such waste. Written approval must be obtained from the County and submitted to the City that the hazardous waste to be generated by the proposed development can be accommodated at the County's landfill or directed to an alternative licensed disposal facility.

(D)

Stormwater (Drainage): A stormwater (drainage) plan based on the stormwater management requirements of this Code, the Engineering Standards Manual, and State and Federal regulations, shall be prepared for all developments.

(E)

Potable Water:

(1)

The City's standard for estimating potable water demand shall be one (1) equivalent residential unit (ERU). An ERU equals three hundred fifty (350) gallons per day (gpd) unless otherwise established for a private provider by the Public Service Commission.

(2)

For uses other than residential, the Applicant shall figure anticipated flow in accordance with Ordinance No. 1148 of the City of Oviedo. Additionally, commercial, institutional and industrial developments shall provide the City with a description and estimate of water use needs for any special processes involving potable water.

(F)

Recreational and Open Space

(1)

Residential Developments. Recreational impacts of proposed residential developments shall be based on the anticipated total number of persons residing in the development, calculated by using the persons per household standard included in the current Comprehensive Plan.

(2)

Office Commercial/Institutional/Industrial Developments. Office, commercial and industrial developments shall not be assessed as having an impact on recreational facilities. The City may, however, require the provision of recreational facilities as part of planned unit developments.

(3)

Open Space. Open space impact shall be calculated as twenty-five (25) percent of the total development area.

(Ord. No. 1389, § 2, 11-20-06)

(A)

The City shall be responsible for conducting all concurrency reviews as required by this article. Concurrency review shall be initiated upon receipt of a completed concurrency review form provided by the City, accompanied by the appropriate fee. The City may also conduct concurrency reviews for developments in the pre-application or conceptual development plan stage, and issue a non-binding letter of concurrency findings. Such requests for concurrency review shall require the submission of a review fee.

(B)

Review and approval of a proposed development may be postponed for a reasonable time period in order for required information to be assembled. Failure of the applicant to provide adequate information on the anticipated project impacts in a timely fashion, however, shall constitute sufficient grounds to deny the project.

(C)

Application All development applications subject to concurrency review as required by this article shall include a completed concurrency review form containing the following information:

(1)

Traffic generation and/or study.

(2)

Description and estimate of water use needs.

(3)

Description and estimate of wastewater generation.

(4)

Description and estimate of solid waste generation.

(5)

Stormwater drainage calculations.

(6)

Description and estimate of recreation and open space needs.

(7)

Other information required by the City to conduct a complete and accurate review.

(D)

Project Impact Assessment

(1)

Existing Conditions. To conduct its assessment of the anticipated impacts of a proposed development on public facilities, the City shall use its inventory of public facilities capacities as a base for the establishment of existing conditions.

(2)

Impact Assessment. Using its own information and that supplied by the applicant in compliance with Subsection (A) above, the City shall calculate the anticipated impacts of a proposed development for all applicable public facilities listed in Subsection 9.2(A)(1) of this article. The impacts of the proposed development shall then be assessed against the existing conditions established above.

(E)

Project Phasing/Timing of Improvements Public facility improvements associated with a phased development may also be phased, provided that all public facility improvements necessary to accommodate the impacts of the entire development are to be provided and a schedule established for their construction prior to the issuance of a building permit. The schedule of facility improvements shall ensure that all facility improvements necessary to accommodate the impacts of the development (or portion thereof) for which a certificate of occupancy has been applied, shall be in place prior to the issuance of the certificate. Under no circumstances shall the final certificate of occupancy be issued for a project unless all required facility improvements required by the development order or development agreement have been completed.

(F)

Concurrency Findings Upon the conclusion of the concurrency review, the City shall prepare a written set of findings concerning the proposed development. These findings shall include, but are not limited to:

(1)

The anticipated public facility impacts of the proposed development;

(2)

The ability of existing facilities to accommodate the proposed development at the adopted level of service standards;

(3)

Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development;

(4)

The facility(s) improvement or additions necessary to accommodate the impact of the proposed development at the adopted level(s) of service standard(s) and the entity(s) responsible for the design and installation of all required facility improvements or additions; and

(5)

The date such facility(s) improvement(s) or additions will need to be completed to be concurrent with the impacts on such facility(s) created by the proposed development.

(A)

Capacity Encumbrance If the concurrency findings in Subsection 9.5(D) reveal that the capacity of public facilities is equal to or greater than that required to maintain the adopted level-of-service for said facilities, the City shall encumber, or recommend to City Council the encumbrance of, public facility capacity necessary for the proposed development. Capacity encumbrances shall be made on a first-come, first-served basis, based on the date of project approval by the Development Review Committee, Planning, Zoning, and Appeals Board (PZA), or the City Council. Capacity shall be encumbered as specified in the development order and shall be valid only for the specific land uses, densities, intensities and construction and improvement schedules contained in the development order and any applicable development agreements for the property. A finding of concurrency shall encumber public facility capacity for the project through subsequent final development orders required for project completion as long as the development order remains valid and development continues in good faith; however, a finding of concurrency shall be valid for a maximum of two (2) years or as otherwise provided by a development agreement. The expiration date of a final development order shall not be extended without reassessing concurrency in accordance this article. A developer may reserve capacity for five (5) years for roadways and potable water upon payment of the traffic impact fees and water connection fees for the development.

(B)

Project Deferrals/Development Moratoriums If, at any time the City's inventory of public facilities capacities indicates that a public facility has dropped below its adopted level-of-service, then the City shall cease to issue development orders for projects which would impact the deficient facility(s) or area of facility operations, as defined within this Land Development Code. Such a suspension or moratorium on the issuance of development orders shall continue until such time as the adopted LOS standard is reestablished or the Comprehensive Plan is amended to reflect a lower, acceptable community standard for the facility(s) in question.

(C)

Concurrency Denials: In the event that the City's concurrency review reveals that the proposed development would generate public facility impacts beyond that which can be absorbed by available capacity, the City shall ensure that there is a financial or other legally binding commitment to ensure that public facilities necessary to correct the anticipated deficiency will be in place concurrent with the impacts of the proposed development. If the impact on transportation facilities is beyond that which can be absorbed by available capacity, the proposed development shall participate in the City's Proportionate Fair-Share Program. Should the City and/or a developer be unable to provide such assurances, the project shall be denied. Projects denied due to failure to meet concurrency requirements, but for which all other development requirements have been met, shall be placed on a prioritized list for approval of development orders once facility improvements have been made.

(D)

Capacity Reservation for Public Purpose: The City may reserve capacity for a particular land area or specific land use, provided such reservation is in accord with a specific development or redevelopment strategy identified in the Comprehensive Plan which serves an overriding public purpose. This would include such community development objectives as providing affordable housing or diversification of the tax base. Any such capacity reservation shall be noted in the annual report on public facilities and capacities made available to the City Council and the public each year, as required by Section 9.8 below.

(Ord. No. 1389, § 2, 11-20-06)

(A)

Purpose and Intent: The purpose of this ordinance is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the City and applicants for development, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with F.S. § 163.3180(16).

(B)

Applicability: The Proportionate Fair-Share Program shall apply to all developments in the City that impact a road segment in the City's Concurrency Management System (CMS) and have been notified that the impact on transportation facilities is beyond that which can be absorbed by available capacity. The Proportionate Fair-Share Program does not apply to developments of regional impact (DRI's) using proportionate share under F.S. § 163.3180(12), developments meeting the de minimis standards under F.S. § 163.3180(6), or to developments exempted from concurrency as previously provided in Subsection 9.2(b), as amended from time to time, of this chapter.

In accordance with F.S. § 163.3180(6), a de minimis impact is an impact that would not affect more than one (1) percent of the maximum volume at the adopted level of service of the affected transportation facility as determined by the City. No impact will be de minimis if the sum of existing roadway volumes and the projected volumes from approved projects on a transportation facility would exceed one hundred ten (110) percent of the maximum volume at the adopted level of service of the affected transportation facility; provided however, that an impact of a single family home on an existing lot will constitute a de minimis impact on all roadways regardless of the level of the deficiency of the roadway. Local governments are encouraged to adopt methodologies to encourage de minimis impacts on transportation facilities within an existing urban service area. Further, no impact will be de minimis if it would exceed the adopted level-of-service standard of any affected designated hurricane evacuation routes. Each local government shall maintain sufficient records to ensure that the one hundred ten-percent criterion is not exceeded. Each local government shall submit annually, with its updated capital improvements element, a summary of the de minimis records. If the state land planning agency determines that the one hundred ten-percent criterion has been exceeded, the state land planning agency shall notify the local government of the exceedance and that no further de minimis exceptions for the applicable roadway may be granted until such time as the volume is reduced below the one hundred ten (110) percent. The local government shall provide proof of this reduction to the state land planning agency before issuing further de minimis exceptions.

(C)

General Requirements:

(1)

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

(a)

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

(b)

The City's five-year Capital Improvement Element (CIE) includes transportation improvement(s) that, upon completion, will accommodate additional traffic generated by the proposed development, as determined by the City Engineer and/or the City Engineer's designee and/or the City's transportation engineering consultant. If the City's CMS indicates that the capacity of the improvement has already been consumed by the vested trips of previously approved development, then the provisions of Subsection (C)(2) shall apply.

(2)

The City Engineer and/or the City Engineer's designee and/or the City's transportation engineering consultant may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by adding an improvement to the CIE that will satisfy the requirements of the City's transportation CMS and mitigate the impacts of development on transportation facilities.

(a)

In order for an applicant to participate in the Proportionate Fair-Share Program, the City shall adopt, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term concurrency management system no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the City Engineer and/or the City Engineer's designee and/or the City's transportation engineering consultant and must be determined to be financially feasible pursuant to F.S. § 163.3164(32), consistent with the comprehensive plan, and in compliance with the provisions of this ordinance.

(b)

If, in the opinion of the City Engineer and/or the City Engineer's designee and/or the City's transportation engineering consultant, the funds in the adopted City's CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, then a proportionate fair-share payment shall be required for another improvement which will, in the opinion of the City Engineer and/or the City Engineer's designee and/or the City's transportation engineering consultant, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component must be adopted into the next annual CIE update.

(3)

Any improvement project proposed to meet the developer's fair-share obligation must meet generally accepted design standards for the State of Florida and/or the City, as approved by the City Engineer and/or the City Engineer's designee and/or the City's transportation engineering consultant.

(D)

Application Process:

(1)

City staff shall notify an applicant in writing of a failure to satisfy transportation concurrency requirements. The applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of Subsection (C), above.

(a)

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, e.g., project status in the CIE, application submittal requirements, potential mitigation options, and related issues.

(b)

If the impacted facility is a County transportation facility, then the County will be notified and invited to participate in the pre-application meeting. Proposed proportionate fair-share mitigation for development impacts to County transportation facilities requires the concurrence of the County.

(c)

If the impacted facility is on the Strategic Intermodal System (SIS), or any state transportation facility, then the Florida Department of Transportation (FDOT) will be notified and invited to participate in the pre-application meeting. Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrence of the FDOT.

(2)

Eligible applicants shall submit an application to the City that includes the appropriate application fee and the following:

(a)

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

(b)

Property location, 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;

(f)

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

(g)

Copy of concurrency application;

(h)

Copy of the project's traffic study or traffic impact analysis; and

(i)

Location map depicting the site and affected road network.

(3)

The City Engineer and/or the City Engineer's designee and/or the City's transportation engineering consultant shall determine whether a proportionate fair-share application is sufficient, complete, and financially feasible, pursuant to F.S. § 163.3164(32). Upon a finding of sufficiency, a proportionate share agreement will be prepared between the City and the applicant. The stipulations of the agreement shall include but not be limited to the amount of payment, description of work and timing of payment. Proportionate share agreements shall be approved and executed by the City Council.

(4)

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

(E)

Determining 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/or contribution of transportation improvements.

(2)

A development shall not be required to pay more than its proportionate fair-share. The calculated value of the proportionate fair-share mitigation for the impacted transportation 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 peak hour, peak direction trips from the complete buildout of the proposed development, or buildout of the stage or phase being approved, that are assigned to the proportionate share program segment divided by the change in the peak hour maximum service volume (MSV) of the proportionate share program segment resulting from construction of the proportionate share program improvement, multiplied by the anticipated cost of the proportionate share project. In this context, cumulative does not include project trips from previously approved stages or phases of development.

This methodology is expressed by the following formula

Proportionate Share = Σ [(Development Trips;sub \sub;) / (SV Increase;sub \sub;)] x Cost;sub \ sub;]

Where:

Development Trips;sub \sub; = Those trips from the development 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 per Section 9.7(E);

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.

IMPACT FEE CREDITS = See Section 9.7(F)(1) where applicable.

(4)

For the purposes of determining proportionate share obligations, the City shall determine improvement costs based upon the projected future cost of the improvement as obtained from the CIE or another method approved by the City Engineer and/or the City Engineer's designee and/or the City's transportation engineering consultant.

(5)

The City has the option to accept right-of-way dedication for all or a portion of the proportionate fair-share payment. Credit for the dedication of the non-site related right-of-way shall be assigned a value by appropriate City staff or, at the option of the applicant, by fair market value established by an independent appraisal approved by the City and at no expense to the City. The applicant shall supply a survey and legal description of the land and a certificate of title or title search of the land to the City at no expense to the City. If the estimated value of the right-of-way dedication proposed by the applicant is less than the City estimated total proportionate fair-share obligation for that development, then the applicant must also pay or provide for mitigation of the difference.

(F)

Impact Fee Credit for Proportionate Fair-Share Mitigation.

(1)

The City shall maintain a list of transportation projects funded by road impact fees under the CIE. If the subject improvement is contained in the current CIE and funded in part or whole by road impact fees, the proportionate fair-share contributions shall be applied as a credit against road impact fees.

(2)

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 per the Proportionate Fair-Share Agreement as they become due per the City 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 City pursuant to the requirements of the City Impact Fee Ordinance.

(a)

Per the City Impact Fee Ordinance, impact fees assess a proportionate share cost for the City collector roadway system only. Roadway capacity is assumed to be consumed on all roads; however, the total impact cost accounts for travel on local collector roads only. The County collects separate proportionate share fees for County road improvements. Applicants would be eligible for impact fee credit only for that portion of their proportionate fair-share payment that applies to a segment for which the City transportation impact fee is being applied. In addition, applicants would not be eligible for impact fee credits on facilities not contemplated in the impact fee ordinance.

(3)

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 local impact fee ordinance.

(4)

The amount of traffic impact fee credit for a proportionate fair-share contribution may be up to, but shall not exceed, the project's proportionate fair-share amount and will be determined based on the following formula:

Credit = [(Cost of Proportionate Share Project) ° (Total Cost of All Projects in Applicable Impact Fee District)] x (Total Project Traffic Impact Fee Liability)

Where:

Cost of projects shall include the cost of all project phases in the year said phases will occur with all associated costs. Credit shall be calculated based on multiple Proportionate Share Projects, if applicable.

(G)

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 City's CIE.

(2)

In the event a scheduled facility improvement is removed from the Capital Improvement Program, then the revenues collected for its construction may be applied toward the construction of another improvement that would mitigate the impacts of development pursuant to the requirements of Section 9.7(C)(2)(b).

(Ord. No. 1389, § 2, 11-20-06)

The City shall regularly monitor the cumulative effect of all approved development orders on the capacity of public facilities. On an annual basis, the City shall prepare and present to City Council and the public a report on the Public Facilities Capacities and Level of Service Inventory for Concurrency Management. This report shall include the degree of deficiency(s) will have on the approval of future development orders. The appropriate City staff shall then recommend a schedule of improvements necessary to prevent a deferral or moratorium on the issuance of development orders.

(Ord. No. 1389, § 2, 11-20-06)

Note— Formerly § 9.7.