The purpose of this Article 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 share program, as required by and in a manner consistent with F.S. § 163.3180(5).

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 03-2021, § 1, 1-11-2021)

The City Commission finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors and that the City's proportionate share program is consistent with F.S. § 163.3180(5) and supports the City Comprehensive Plan.

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 8-2016, § 3, 2-8-2016; Ord. No. 03-2021, § 1, 1-11-2021)

The proportionate share program shall apply to all developments in the city that have been notified of a lack of capacity to satisfy comprehensive plan-adopted transportation level of service requirements on a transportation facility, including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of Section 102-2029.

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 03-2021, § 1, 1-11-2021)

CIE means the capital improvements element of the City's comprehensive plan.

City means the City of Plant City.

City Commission means the City Commission of the City.

City Manager means the City Manager for the City, or his/her designee.

Development has the meaning given to it by F.S. § 380.04.

Development permit means any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of the City having the effect of permitting the development of land.

Final development order means development of regional impact approved by the City Commission, final subdivision plat approved by the City Commission, and building permits issued by the building department.

Financial feasibility means the demonstration that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities.

Impacted transportation facility means a transportation facility that is expected to be used by the proposed development, that is either deficient, or will become deficient as a result of the projects impacts.

Peak hour maximum service volume means the highest number of vehicles that can be accommodated by the facility during the peak hour at the adopted level of service.

Transportation facility means any means for the transportation of people or property from place to place which is constructed, operated, or maintained in whole or in part from public funds. The term includes the property or property rights, both real and personal, which have been or may be established by public bodies for the transportation of people or property from place to place.

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 03-2021, § 1, 1-11-2021)

(a)

If allowable under Chapter 86, Article IV (Transportation Mobility Fees), an applicant may choose to satisfy comprehensive plan-adopted transportation level of service requirements by making a proportionate share contribution, pursuant to the following requirements:

(1)

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

(2)

The five-year schedule of capital improvements in the capital improvements element of the City's comprehensive plan includes transportation facilities or facility segments that upon completion, will fully mitigate for the additional traffic generated by the proposed development; and

(3)

If available City, County, FDOT data indicate that the capacity of the transportation improvement set forth in the capital improvements element has already been consumed by the allocated trips of previously approved development, or the CIE does not reflect the transportation improvement needed to satisfy comprehensive plan adopted transportation level of service requirements, then the provisions of subsection (2) below shall apply.

(b)

In the event the proportionate share contribution differs from the transportation mobility fees for a project, the applicant shall pay the higher of the amounts to the City.

(c)

The City may choose, but is not obligated, to allow an applicant to satisfy comprehensive plan adopted transportation level of service requirements through the proportionate share program by contributing to an improvement that, upon completion, will fully mitigate the additional traffic generated by the proposed development but is not contained in the five-year schedule of capital improvements in the CIE as follows:

(1)

The City 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 of the CIE. To qualify for consideration under this Section, the proposed improvement must be reviewed by the City Commission, and determined to be financially feasible, consistent with the comprehensive plan, not in conflict with the Transportation Mobility Fees Ordinance, and in compliance with the provisions of this Article.

(2)

If the funds allocated for the five-year schedule of capital improvements in the City's CIE are insufficient to fully fund construction of a transportation improvement required to satisfy comprehensive plan-adopted transportation level of service requirements, the City may still enter into a binding proportionate share agreement with the applicant authorizing construction of that amount of development on which the proportionate share is calculated if the proportionate 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. To qualify for consideration under this Section, the proposed improvements must be contained in a financially feasible five-year or long-range plan or program adopted by the City, MPO or FDOT. Proposed improvements not reflected in an adopted plan or improvement program, but that would significantly reduce access problems and congestion or trips on a major road corridor, such as new roads, service roads, or improved network development and connectivity, may be considered at the discretion of the City. The improvement or improvements funded by the proportionate share component must be adopted into the five-year capital improvements schedule of the comprehensive plan at the next annual capital improvements element update.

(d)

Any improvement project proposed to meet the developer's share obligation must meet design standards of the City, except that state roads shall meet the design standards of the Florida Department of Transportation (FDOT).

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 03-2021, § 1, 1-11-2021)

(a)

Pursuant to policies in the intergovernmental coordination element of the City's comprehensive plan and applicable policies in the Tampa Bay Regional Planning Council's Strategic Regional 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 for proportionate share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

(b)

In the event that the impacted roadway is under the jurisdiction of another governmental entity (e.g. Hillsborough County, Florida Department of Transportation) and is listed in the capital improvement element of the comprehensive plan, the proportionate share payment shall be forwarded to said governmental jurisdiction which jurisdiction shall remain responsible for assuring that said impacted roadway meets the requisite level of service standards. The City shall not be financially responsible to pay any portion of the costs to bring another governmental jurisdiction's transportation facilities up to the requisite level of service standards, except as expressly agreed upon by the City Commission pursuant to an interlocal agreement.

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 03-2021, § 1, 1-11-2021)

(a)

Upon notification of a lack of capacity to satisfy comprehensive plan-adopted transportation level of service requirements, the applicant also shall be notified in writing of the Transportation Mobility Fee program, the proportionate share program and this Article.

(b)

Prior to submitting an application for proportionate share mitigation, a preapplication meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on a state road, then the Florida Department of Transportation (FDOT) will be notified and invited to participate in the pre-application meeting. If the impacted facility is on a county road, then Hillsborough County will be notified and invited to participate in the preapplication meeting.

(c)

Eligible applicants shall submit an application to the City that includes an application fee pursuant to Section 102-39, Plant City Code, and the following:

(1)

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

(2)

Property location, including parcel identification numbers;

(3)

Legal description and survey of property;

(4)

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

(5)

Phasing schedule, if applicable;

(6)

Description of requested proportionate share mitigation methods;

(7)

Estimated value of the Transportation Mobility Fee and the proposed share mitigation pursuant to this Article; and

(d)

The City Manager shall review the application and certify that the application is sufficient and complete within 60 calendar days. If an application is determined to be insufficient, incomplete, or inconsistent with the general requirements of the proportionate share program in accordance with this Article, then the applicant will be notified in writing of the reasons for such deficiencies within 60 calendar days of submittal of the application. If such deficiencies are not remedied by the applicant within 60 calendar days of receipt of the written notification, then the application will be deemed abandoned. The City Manager may grant an extension of time if requested in writing from the applicant not to exceed 60 calendar days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(e)

Pursuant to F.S. § 163.3180(5)(h)1, proposed proportionate share mitigation for development impacts to facilities on the strategic intermodal system requires consultation with the Florida Department of Transportation (FDOT). The applicant shall submit written evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate share agreement.

(f)

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate share obligation and binding agreement will be prepared by the City or the applicant with direction from the City and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate share mitigation on a strategic intermodal system facility, no later than 60 calendar days from the date at which the applicant received the notification of a sufficient application if no other jurisdiction is involved and 120 days from said date of notice if there are multiple jurisdictions involved.

(g)

The City shall notify the applicant regarding the date of the City Commission meeting when the agreement will be considered for final approval. No proportionate share agreement will be effective until approved by the City Commission.

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 03-2021, § 1, 1-11-2021)

(a)

Proportionate share mitigation for transportation impacts may include, without limitation, separately or collectively, private funds, contributions of land, construction and contribution of facilities, provided that the City Commission determines that the proposed mitigation adequately addresses transportation demands generated by the proposed development by maintaining or achieving adopted levels of service for impacted roadways.

(b)

A development's required proportionate share shall be calculated pursuant to this Section. A development shall not be required to pay more than its proportionate share; however, to qualify under the provisions of subsection (2) of Section 102-2029, an applicant may agree to pay more than the proportionate share amount calculated herein.

(c)

The methodology used to calculate an applicant's proportionate share obligation shall be the cumulative number of trips from the proposed development expected to reach roadways during the peak hours from the complete buildout 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 or achieve the adopted level of service, multiplied by the construction cost at the time of development payment, of the improvement necessary to maintain or achieve the adopted level of service.

OR

(d)

For the purposes of determining proportionate share obligations, the City shall determine improvement costs based upon the best estimate of actual cost of the improvement as obtained from the capital improvements element, the MPO transportation improvement program, or the FDOT work program. The cost used for the proportionate share calculation shall be the estimated costs in the anticipated year of construction. Where such information is not available, improvement cost shall be determined using one of the following two methods, depending on which method the City determines more accurately reflects estimated costs:

(1)

An analysis by the City of costs by cross-section type that incorporates data from recent projects and is updated annually and approved by the City Commission. To accommodate increases in construction material costs, projected improvement costs shall be adjusted by the average annual rate of increase in the construction cost index over the three years preceding execution of the proportionate share agreement as follows:

(2)

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 land 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.

(e)

If the City 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.

(f)

If the City has accepted right-of-way dedication for the proportionate share payment, credit for the dedication of the nonsite-related right-of-way shall be valued on the date of the dedication at the value to be agreed to by the applicant and City, or 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 drawing and legal description of the land and a certificate of title or title search of the land to the City at no expense to the City and shall deliver at closing clear title by warranty deed 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 share obligation for that development, then the applicant must also pay the difference. The City is authorized to accept forms of proportionate share mitigation that exceed the actual values calculated above. Under no circumstances shall the City approve an application that obligates the City to compensate an applicant for proportionate share mitigation that exceeds the value calculated above. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate share, public or private partners should contact the Florida Department of Transportation for essential information about compliance with federal law and regulations.

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 03-2021, § 1, 1-11-2021)

(1)

Proportionate share contributions may be applied, pursuant to City staff written documentation, as a credit against transportation mobility fees to the extent that all or a portion of the proportionate share mitigation is used to address the same capital infrastructure improvements contemplated by the City's transportation mobility fee ordinance.

(2)

In the case that the applicant seeks transportation mobility fee credits on county-maintained roadways within the City, the applicant shall have the responsibility of coordinating and obtaining the approval of such mobility fee credits and associated payment from the county, pursuant to the county's mobility fee ordinance.

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 03-2021, § 1, 1-11-2021)

Editor's note— Ord. No. 03-2021, § 1, adopted Jan. 11, 2021, changed the title of § 102-2033 from "Impact fee credit for proportionate fair-share mitigation" to read as herein set out.

(a)

Upon execution of a proportionate share agreement (agreement) the City Manager shall issue the applicant a certification of proportionate share transportation mitigation, which shall explicitly set forth the proportionate share mitigation required by this Article and any offset to the separate Transportation Mobility Fee. Should the applicant fail to apply for a final development order within the time frame specified in the agreement or within 12 months of the execution of the agreement if no time frame is specified in the agreement, then the agreement shall be considered null and void, and the applicant shall be required to reapply.

(b)

Payment of the proportionate share contribution is due in full prior to issuance of the final development order and shall be nonrefundable. If the payment is submitted more than 12 months from the date of execution of the agreement, then the proportionate share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement in the year the improvement is expected to be implemented.

(c)

All developer improvements authorized under this Article must be completed prior to issuance of a final development order, or as otherwise established in a binding agreement that is accompanied by a bond or letter of credit acceptable to the City Commission, that is sufficient to ensure the completion of all required improvements. It is the intent of this Section that any required improvements be under construction before the issuance of building permits and completed before issuance of a certificate of occupancy for the development.

(d)

Dedication or conveyance of necessary right-of-way for facility improvements pursuant to a proportionate share agreement must be completed prior to issuance of the final development order or recording of the final plat.

(e)

Any requested change to a development project subsequent to a development order may be subject to additional proportionate share contributions to the extent the change would generate additional traffic that would require mitigation. In such event, the applicant for development must submit an application pursuant to this Article.

(f)

Applicants may submit a letter to withdraw from the proportionate share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the City will be nonrefundable.

(g)

The City may enter into proportionate share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 03-2021, § 1, 1-11-2021)

Editor's note— Ord. No. 03-2021, § 1, adopted Jan. 11, 2021, changed the title of § 102-2034 from "Certificate of concurrency for proportionate fair-share mitigation" to read as herein set out.

(a)

Proportionate share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the City's capital improvements element, transferred to the jurisdiction maintaining the impacted transportation facility, or as otherwise established in the terms of the proportionate share agreement. At the discretion of the City, proportionate share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate share revenues were derived. Proportionate share revenues may also be used as the 50-percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP).

(b)

In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement that as determined by the City Commission would mitigate the impacts of development.

(Ord. No. 37-2006, § 1, 11-27-2006; Ord. No. 03-2021, § 1, 1-11-2021)

Editor's note— Ord. No. 03-2021, § 1, adopted Jan. 11, 2021, changed the title of § 102-2035 from "Appropriation of fair-share revenues" to read as herein set out.