The purpose of this section is to ensure that facilities and services needed to support development are available concurrent with the impacts of development. The following public facilities and services are subject to concurrency evaluation: roads, potable water, sanitary sewer, stormwater management, solid waste, and recreation.

Except as otherwise provided, no development proposal submitted after the effective date of this Code shall be approved unless public facilities are or will be available to serve a proposed development, such that the levels of service adopted in the comprehensive plan are maintained. Prior to concurrency approval for a proposed development, the following conditions shall be met, as applicable:

(a)

For potable water, sewer, solid waste, and stormwater management, the concurrency requirement may be met through one (1) of the following conditions or actions:

(1)

The necessary facilities and services are in place at the time a development permit is issued;

(2)

A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;

(3)

The necessary facilities are under construction at the time a permit is issued; or

(4)

The necessary facilities and services are guaranteed in an enforceable development agreement that includes provisions (1)—(3) above. An enforceable development agreement shall include, but is not limited to, the provisions of F.S. § 163.3227, or shall be a development order issued pursuant to F.S. § 163.3220-3243, or an agreement or development order issued pursuant to F.S. ch. 380, The agreement shall guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(b)

The concurrency requirement for roads may be met by satisfying the conditions listed in paragraphs (a)(1)—(4) above, and by complying with the following standards:

(1)

The capital improvements element and five-year schedule of capital improvements must be financially feasible, and may recognize and include transportation projects listed in the first three (3) years of the applicable FDOT five-year work program.

(2)

The five-year schedule of capital improvements must include facilities necessary to maintain the adopted level of service standards to serve the proposed new development, and the facilities necessary to eliminate those portions of existing deficiencies that are a priority to be eliminated during the five-year period in which the capital improvements plan is to be implemented.

(3)

The capital improvements element and five-year schedule of capital improvements must be based on currently available revenue sources that must be adequate to fund the public facilities required to serve the development authorized by the development order and development permit.

(4)

The five-year schedule of capital improvements must include the estimated date of commencement of actual construction and the estimated date of project completion.

(5)

The five-year schedule of capital improvements must demonstrate that the actual construction of the road must be scheduled to commence in or before the third year of the five-year schedule.

(6)

A plan amendment would be required to eliminate, defer or delay construction of any road that is needed to maintain the adopted level of service standard and that is listed in the five-year schedule of capital improvements.

(Ord. No. O-00-09, Art. 6 (6.01.01), 4-24-00; Ord. No. O-24-33, § 2(Exh. B), 9-23-24)

The concurrency management system (CMS) shall identify and inventory existing service capacities available for development. To accomplish said inventory, a concurrency application, the form of which is available in the economic opportunity and community investment director's office, shall be filed with and reviewed by the City, and a determination of concurrency shall be made prior to formal submittal of a development plan of any kind. The following procedure shall be carried out in order to obtain a determination of concurrency.

(a)

A completed concurrency application shall include the following information:

(1)

Projected average daily traffic (ADT) and peak-hour traffic generated by the proposed development and the traffic distribution on the existing roadway(s).

(2)

Projected potable water demand generated by the proposed development and identification of the service provider.

(3)

Projected wastewater demand generated by the proposed development and identification of the service provider.

(4)

Projected solid waste generation and identification of the service provider.

(5)

Description of the stormwater management system for the proposed development. This description shall include the stormwater management basin in which the proposed project is located, method of treatment, system design parameters, and location of outfall.

(b)

Where required information is readily available, the economic opportunity and community investment director may, at his or her discretion, obtain or calculate one (1) or more of the above data requirements. However, it shall be the applicant's full responsibility to ensure that the concurrency application is complete and accurate.

(c)

The economic opportunity and community investment director, or his/her designee, shall distribute the completed concurrency application to appropriate City departments charged with providing the identified services. Each department shall provide comments on the concurrency application.

(d)

For any public service not provided by the City of Winter Haven, the economic opportunity and community investment director may waive capacity certification on a case-by-case basis if there is satisfactory evidence that capacity is available to support the proposed development. Stormwater management certification for single-family development on existing lots may be waived under the same conditions.

(e)

The applicant shall be notified within seven (7) working days as to whether the proposed development meets the concurrency requirement. If the proposal is determined to meet concurrency, the applicant may proceed with the development process as set forth in other sections of this Code. Proposals not meeting concurrency shall not be processed for review until and unless an agreement has been reached by the City and the developer to mitigate the identified deficiency.

(Ord. No. O-00-09, Art. 6 (6.01.02), 4-24-00; Ord. No. O-24-33, § 2(Exh. B), 9-23-24)

Fees for staff review of concurrency applications shall be established, and may be changed from time to time, by resolution of the City Commission.

(Ord. No. O-00-09, Art. 6 (6.01.03), 4-24-00)

All development proposals submitted to the City for review shall be consistent with the data established in the concurrency application. Those exceeding the service demand levels established in the concurrency application shall not be processed. The applicant shall be provided with a written notice that a new concurrency application shall be required.

Where deficiencies have been identified, development plans based on an agreement to provide needed facilities and/or services shall be processed with the agreement as a condition of development approval. However, the City shall not be required to approve a development plan that meets the concurrency requirement, but does not satisfy other provisions of this Code.

(Ord. No. O-00-09, Art. 6 (6.01.04), 4-24-00)

Allocations of potable water, wastewater, and roadway capacities shall be on a first-come, first-served basis, unless otherwise provided for by this section. Services shall be allocated at the following stages:

(a)

Residential subdivisions.

(1)

On approval of a preliminary subdivision plat, service capacities shall be allocated based on the approved preliminary plat. Allocation of service capacity shall be valid for three (3) years from the date of preliminary plat approval; provided however, should any model homes be constructed within the subdivision, allocation of services for those constructed homes shall be in perpetuity; or

(2)

On approval of a final subdivision plat, service capacities shall be allocated based on the approved final plat in perpetuity.

(b)

Multi-family, commercial, or industrial developments processed under the site development plan review procedures, as set forth by section 21-439, shall be allocated service capacities upon approval of the site development plan. Allocation of service capacity shall be valid for eighteen (18) months from the date of site development plan approval. Should vertical or horizontal construction not commence within eighteen (18) months, the developer may apply for a single, twelve-month (12) extension prior to expiration of the initial approval.

(c)

Affordable housing projects, as defined by F.S. ch. 163.3177(6)(f)(3), shall receive capacity reservations upon formal submittal of a site plan to the City for review in accordance with procedures established in section 21-439 of this Code. Capacity reservations for affordable housing projects shall be prioritized over all other development types, and shall remain in place for up to thirty-six (36) months from the time of reservation.

(Ord. No. O-00-09, Art. 6 (6.01.05), 4-24-00; Ord. No. O-24-33, § 2(Exh. B), 9-23-24)

Through the concurrency management system, Winter Haven shall maintain the following levels of service for public facilities:

¹ Multi-modal level of service is defined as follows:

M-1: Minimal fixed-route transit corridor with 60-minute headways.

M-2: Enhanced fixed-route transit corridor with 30-minute headways with improved transit stops and some connections to properties located within ¼ mile of the transit route.

M-3: Extensive fixed-route transit area with 30-minute headways with improved transit stops and extensive connections to all properties within ¼ mile of the transit route.

All development that was not approved through a subdivision plat, conditional use permit, site development plan, or the issuance of a building permit prior to the date of adoption of this Code shall be subject to an adequacy determination through the concurrency management system. An adequacy determination shall also be required for existing development where any improvement, expansion, or other change is proposed that may result in a greater demand for those public facilities addressed in this section. The economic opportunity and community investment director shall determine whether a proposed change in existing development requires an adequacy determination.

(Ord. No. O-00-09, Art. 6 (6.01.06), 4-24-00; Ord. No. O-24-33, § 2(Exh. B), 9-23-24)

As part of the adequacy determination, the adequacy of the road network shall be evaluated according to conditions at the time the development plan or building permit is approved. Initial measurement of roadway capacities shall be carried out using data and methodology accepted by FDOT or other traffic analysis techniques that are technically justifiable as determined by the planning director. Capacity ratings on the State highway network shall be approved by FDOT.

Any proposed development shall be required to address the adequacy of the City's road network as it relates to the projected traffic volumes generated by the development. If any affected road segment lacks capacity to accommodate the additional traffic generated at the adopted LOS, it shall be determined whether such capacity will be available if all of the transportation improvements contained in the City's comprehensive plan and/or that of Polk County are completed.

For the purpose of this section, improvements to State roads resulting in an improvement in the level of service, and that are scheduled to occur by the third year of the FDOT's five-year work program, shall be considered concurrent. If it is determined that such capacity will not be available, then the specific improvements necessary to enable the road network to reach such capacity shall be identified, through the completion of a detailed transportation study conducted by a professional in the field of transportation planning, and the application may be granted with an express condition regarding the adequacy of the City's transportation network. At the sole discretion of the City commission, such condition shall require one (1) of the following:

(a)

That the applicant shall construct the necessary improvements proportional to the share of the additional capacity that is needed to accommodate traffic generated by the applicant's development; or

(b)

That the applicant deposit money into a "road fund" equal to the share of the cost of the improvements that would otherwise be required.

(Ord. No. O-00-09, Art. 6 (6.01.07), 4-24-00)

The concurrency management system shall be monitored and updated as new development projects are submitted for review and infrastructure projects are placed into service. Monitoring and updating shall consist of summing all approved services and subtracting those sums from the capacities available. Added capacity shall include any capital improvement constructed or placed into service shall be added to the capacity totals; any developer-sponsored facility or service placed into service as a result of mitigation shall be accounted for in the specific facility/service provided; and all capital improvements projects budgeted and approved by the City commission in the first three (3) years of its five-year schedule of capital improvements. The sums of all aforementioned calculations shall then be the available capacities to serve proposed development projects. The following calculation shall be the basis of the concurrency monitoring system:

Any preliminary subdivision plat or site development plan for which construction has not begun within the time frame specified in this Code shall be considered lapsed and shall forfeit any allocation of service capacity. Upon forfeiture, all capacities so allocated shall be returned to the service/facility provider.

(Ord. No. O-00-09, Art. 6 (6.01.08), 4-24-00; Ord. No. O-24-33, § 2(Exh. B), 9-23-24)

A developer may challenge any concurrency determination made by the City by appealing the decision to the City commission. The appeal shall be accompanied by substantial, competent evidence that sufficient capacity does exist by virtue of the following:

(a)

The impacts of the proposed development will differ from the impacts estimated by the City as a result of special circumstances of that development;

(b)

Based on the City's own information, the analysis being used has an error in its base data; or

(c)

In the case of roads, the applicant presents evidence through travel speed, distance and time studies that impacted roadway links actually operate at higher levels of service than indicated by the City's analysis. Methodology for such travel speed/distance/time studies shall be certified by a licensed professional traffic engineer. In the event the travel speed/distance/time studies are warranted, the City or its agent shall conduct or commission such a study after receiving a fee from the applicant to cover the costs of conducting and analyzing the study. The applicant shall have the opportunity to review the methodology prior to the commencement of the study.

(Ord. No. O-00-09, Art. 6 (6.01.09), 4-24-00)

Where it appears, or it has been determined, that there is a lack of capacity to service a proposed development, the developer should consider a variety of methods for achieving compliance. Some possibilities are as follows:

(a)

The developer may propose a plan amendment that lowers the adopted level of service standard for the affected facilities and/or services.

(b)

The developer may propose a reduction in the scale or impact of the proposed development.

(c)

The developer may propose a phasing of the proposed development to match the availability of capacity with the timing of each phase of the development. Specific conditions for permitting each phase to proceed shall be included in an enforceable development agreement or development order to ensure that necessary public facilities and services will be in place when the impacts of the development occur.

(d)

The developer may propose a development agreement assuring that the required facility capacity will be provided. Any development agreement must provide one (1) or more of the following assurances, acceptable to the City in form and amount, to guarantee the applicant's pro rata share of the cost of completing or providing any public facilities and services that may be necessary to maintain the adopted level of service standards for the subject property:

(1)

Cash escrow;

(2)

Irrevocable letter of credit; or

(3)

Prepayment of capacity/connection charges.

Whenever an applicant's pro rata share of a public facility is less than the full cost of the facility, the City shall do one (1) of the following:

(1)

Contract with the applicant for the full cost of the facility, including terms regarding reimbursement of the applicant for costs in excess of the applicant's pro rata share;

(2)

Obtain assurances from other sources similar to those described above in this section; or

(3)

Amend the comprehensive plan to modify the adopted level of service standard so as to reduce the required facility to equal the applicant's needs.

(e)

Where a developer disagrees with the results obtained by the City in its concurrency review regarding transportation, a transportation study may be performed at the option and expense of the developer. The results of the study shall be considered by the City in subsequent determinations regarding the development's compliance with concurrency requirements.

(f)

For those roadway facilities that indicate a lower LOS than the adopted standard of the City of Winter Haven Comprehensive Plan, the City shall allow applicants to perform an operating LOS assessment based upon procedures outlined in the 1985 Highway Capacity Manual. A discussion of any proposed transportation system management and/or mitigation strategies shall be included in the study. The transportation study shall be signed and sealed by a registered professional engineer. The cost of this assessment shall be borne by the applicant.

(Ord. No. O-00-09, Art. 6 (6.01.10), 4-24-00)

It is the intent of this article to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development, all in conformity with and to carry out the purposes of the Winter Haven Comprehensive Plan and the Local Government Comprehensive Planning and Land Development Regulation Act and the Winter Haven Zoning Code.

This intent is effected by exercising the authority granted the City to enter into development agreements with developers under F.S. §§ 163.3220 through 163.3243. This article shall be regarded as supplemental and additional to the powers conferred upon the City by other laws and shall not be regarded as in derogation of any powers now existing. The creation and acceptance of a development agreement are optional on the part of the City and developer, as both parties may agree. The City commission finds and declares that:

(1)

The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning.

(2)

Assurance to a developer that upon receipt of his development permit he may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning and reduces the economic costs of development.

(Ord. No. O-00-09, Art. 6 (6.02.00), 4-24-00)

(a)

Application for development agreement. The developer shall make application for a development agreement through the planning department and pay an application fee as may be set by the City commission.

(b)

Public hearing. Before entering into, amending or revoking a development agreement, the City shall conduct at least two (2) public hearings, one (1) of which shall be held by the local planning agency. Upon receiving recommendations from the local planning agency, the City commission shall conduct an additional public hearing for their review and consideration of the proposed development agreement.

(c)

Notice of hearing. Notice of intent to consider a development agreement shall be advertised approximately seven (7) days before each public hearing in a newspaper of general circulation and readership in the county. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time and place at which the second public hearing will be held shall be announced at the first public hearing.

(d)

Contents of notice. The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and building height and shall specify a place where a copy of the proposed agreement can be obtained.

(Ord. No. O-00-09, Art. 6 (6.02.01), 4-24-00)

A development agreement shall include the following:

(a)

A legal description of the land subject to the agreement and the names of its legal and equitable owners.

(b)

The duration of the agreement.

(c)

The development uses permitted on the land, including population densities and building intensities and height.

(d)

A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development.

(e)

A description of any reservation or dedication of land for public purposes.

(f)

A description of all local development permits approved or needed to be approved for the development of the land.

(g)

A finding that the development permitted or proposed is consistent with the City's comprehensive plan and land development regulations.

(h)

A description of any conditions, terms, restrictions or other requirements determined to be necessary by the City for the public health, safety or welfare of its citizens.

(i)

A statement indicating that the failure of the agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing such permitting requirements, conditions, term or restriction.

(j)

A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time.

The duration of a development agreement shall not exceed ten (10) years. It may be extended by mutual consent of the City and the developer.

(Ord. No. O-00-09, Art. 6 (6.02.03), 4-24-00)

(a)

A development agreement and authorized development shall be consistent with the City's Comprehensive Plan and Land Development Regulations.

(b)

The City's laws and policies governing the development of land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement.

(c)

The City may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the City has held a public hearing and determined:

(1)

They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities in the development agreement;

(2)

They are essential to the public health, safety or welfare and expressly state that they shall apply to a development that is subject to a development agreement;

(3)

They are specifically anticipated and provided for in the development agreement;

(4)

The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or

(5)

The development agreement is based on substantially inaccurate information supplied by the developer.

(d)

This section does not abrogate any rights that may vest pursuant to common law.

(Ord. No. O-00-09, Art. 6 (6.02.03), 4-24-00)

(a)

The City shall review land subject to development agreement at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. Further, the additional provisions of F.S. § 163.3235 shall be applicable for each annual review conducted during years six (6) through ten (10) of a development agreement. If the City finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the City.

(b)

A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

(c)

If State or Federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of a development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant State or Federal laws.

(Ord. No. O-00-09, Art. 6 (6.02.04), 4-24-00)

(a)

Within fourteen (14) days after the City enters into a development agreement, the City shall record the agreement with the clerk of the circuit court of the county. A copy of the recorded development agreement shall be submitted to the State land planning agency within fourteen (14) days after the agreement is recorded. A development agreement shall not be effective until it is properly recorded in the public records of the county and until thirty (30) days after having been received by the State land planning agency pursuant to this section. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(b)

Any party, any aggrieved or adversely affected person as defined in F.S. § 163.3215(2), or the State land planning agency, may file an action for injunctive relief in circuit court of the county to enforce the terms of a development agreement or to challenge compliance of the agreement with the provisions of F.S. §§ 163.3220 through 163.3243.

(Ord. No. O-00-09, Art. 6 (6.02.05), 4-24-00)

Right-of-way required to serve all development shall be dedicated in accordance with the requirements of Article III of this Code. Where subdivisions are bordered by public right-of-way, additional right-of-way shall be dedicated so as to meet minimum widths specified in the comprehensive plan. Where dedicated right-of-way is extended to an adjoining property or street, there shall be no reserved strips affording private control of future access. The City may require public reserved strips where such reservations promote the public health and safety and implement the comprehensive plan.

Where right-of-way has been dedicated independent of any requirement of this Code or the comprehensive plan, the City may refuse to accept such right-of-way, or establish such conditions for acceptance as the City commission determines to be reasonable.

(Ord. No. O-00-09, Art. 6 (6.03.01), 4-24-00)

Except where alleys are provided for the purpose of access and utility placement, easements of no less than fifteen (15) feet in width, or wider as the City engineer deems necessary, shall be dedicated for the installation of underground utilities by the City or franchised utility providers. Easements for watercourses or drainageways traversing a subdivision shall be of a width sufficient to convey the volume of stormwater projected to be generated by the twenty-five-year storm event. Such easements shall be approved by the City engineer.

(Ord. No. O-00-09, Art. 6 (6.03.02), 4-24-00)

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 fair-share program, as required by and in a manner consistent with F.S. section 163.3180(16).

(Ord. No. O-06-125, § A, 11-27-06)

(a)

The City Commission finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors and the City 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 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 City to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the capital improvements element (CIE) of the City's comprehensive plan.

(5)

Is consistent with F.S. section 163.3180(16), and supports transportation objectives 1.0, 2.0, 3.0, 4.0, 5.0, 8.0, and capital improvements policy 1.2(e) of the City's comprehensive plan.

(Ord. No. O-06-125, § B, 11-27-06)

The proportionate fair-share program shall apply to all developments in the City that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the City's concurrency management system (CMS), including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of section 21-340.3 of this article. The proportionate fair-share program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. section 163.3180(12). The proportionate fair-share program does not preclude applicants from funding transportation improvements pursuant to a development agreement to meet concurrency requirements.

(Ord. No. O-06-125, § C, 11-27-06)

(a)

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:

(1)

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

(2)

The five-year schedule of capital improvements in the City's CIE or the long-term schedule of capital improvements for an adopted long-term CMS includes the construction phase of a transportation improvement(s) that, upon completion, will satisfy the requirements of the City's transportation CMS.

(b)

The City may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share program by adding an improvement (construction phase) to the CIE or adopted long-term CMS that will satisfy the requirements of the City's transportation CMS. For the purposes of the proportionate fair-share program, no capacity road project shall be added to the CIE unless any required alignment study or a project development and environmental (PD&E) study has been completed with an endorsed build alternative.

To implement this option, 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 CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the City Manager or his/her designee, and determined to be financially feasible pursuant to F.S. section 163.3180(16)(b)1, consistent with the comprehensive plan, and in compliance with the provisions of this article. Any improvement project proposed to meet the developer's fair-share obligation must meet the design standards of the jurisdiction with maintenance responsibility for the subject transportation facility.

(Ord. No. O-06-125, § D, 11-27-06)

The City shall coordinate with the Florida Department of Transportation, Polk Transportation Planning Organization, Central Florida Regional Planning Council and other local governments to implement the provisions of the proportionate fair-share program. Appropriate provisions for intergovernmental coordination will be detailed in a memorandum of understanding on the proportionate fair-share program (MOU), and the City shall coordinate with the signatory parties to ensure that mitigation to impacted facilities is based on comprehensive and consistent transportation data.

(Ord. No. O-06-125, § E, 11-27-06)

(a)

Upon notification of a lack of capacity to satisfy transportation concurrency, 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 section 21-340.3 of this article.

(b)

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 CIE, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the SIS, or any State transportation facility, then the FDOT will be notified and invited to participate in the pre-application meeting.

(c)

Eligible applicants shall submit an application to the City that includes an application fee that will be established by resolution of the City commission and on file with the City Clerk's office. Any fees shall be indexed to inflation and increase each October 1 by three (3) percent. The following information shall be included with the application:

(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 fair-share mitigation method(s);

(7)

Copy of concurrency application;

(8)

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

(9)

Location map depicting the site and affected road network.

(d)

The City shall review the application and certify that the application is sufficient and complete within ten (10) business days. If an application is determined to be insufficient, incomplete, or inconsistent with the general requirements of the proportionate fair-share program as indicated in section 21-340.3 of this article, then the applicant will be notified in writing of the reasons for such deficiencies within ten (10) business days of submittal of the application. If such deficiencies are not remedied by the applicant within thirty (30) days of receipt of the written notification, then the application will be deemed abandoned. The City Manager or his or her designee may, in their discretion, grant an extension of time not to exceed sixty (60) 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. section 163.3180(16)(e), 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 an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(f)

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-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 fair-share mitigation on a SIS facility, or any State transportation facility, no later than ninety (90) days from the date at which the applicant received the notification of a sufficient application and no fewer than forty-five (45) working days prior to the City commission meeting when the agreement will be considered.

(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 fair-share agreement will be effective until approved by the City Commission, or pursuant to staff approval for agreements below a certain dollar amount.

(Ord. No. O-06-125, § F, 11-27-06)

(a)

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 as provided in F.S. section 163.3180(16)(c).

(b)

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 based on the form of mitigation as provided in F.S. section 163.3180(16)(c), (contributions of private funds, land or facility construction).

(c)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. section 163.3180(12), as follows:

The cumulative number of peak hour, peak direction trips from the complete build-out of the proposed development, or build-out 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 Fair Share = σ[(Development Trips;sub\sub;)/(SV Increase;sub\sub;)] × Cost;sub\sub;]

Where:

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

Development Trips;sub\sub; = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the concurrency management system (CMS);

SV Increase;sub\sub; = Service volume increase provided by the eligible improvement to roadway segment "i";

Cost;sub\sub; = Adjusted cost of the improvement to segment "i". Cost shall include the cost of all project phases (preliminary engineering or alignment study, design, rights-of-way acquisition, and construction) in the years said phases will occur with all associated costs.

(d)

The cost of the proportionate fair-share project shall be determined by the maintaining jurisdiction.

(e)

The value of right-of-way dedications used for proportionate fair-share payment shall be subject to the approval of the maintaining jurisdiction. No value shall be assigned to right-of-way dedications required under ordinance or as a condition of development approval.

(Ord. No. O-06-125, § G, 11-27-06)

(a)

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

(b)

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's 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's impact fee ordinance.

(c)

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.

(d)

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)] × (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.

(Ord. No. O-06-125, § H, 11-27-06)

(a)

Upon execution of a proportionate fair-share agreement (agreement) and satisfying other concurrency requirements, an applicant shall receive a City certificate of concurrency approval. Should the applicant fail to apply for building permits within the timeframe provided for in the City's concurrency certificate, then the project's concurrency vesting shall expire, and the applicant shall be required to reapply. Once a proportionate fair share payment for a project is made and other impact fees for the project are paid, no refunds shall be given. All payments, however, shall run with the land.

(b)

Payment of the proportionate fair-share contribution for a project and other road impact fees not subject to an impact fee credit shall be due and must be paid within sixty (60) days of the effective date of the proportionate fair share agreement. The effective date shall be specified in the agreement and shall be the date the agreement is approved by the City Commission or its designee.

(c)

All developer improvements accepted as proportionate fair-share contributions must be completed within three (3) years of the issuance of the first building permit for the project which is the subject of the proportionate fair share agreement and be accompanied by a security instrument as approved by the City Manager and City Attorney that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed within three (3) years of the issuance of the first building permit for the project which is the subject of the proportionate fair share agreement.

(d)

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to the effective date of the proportionate fair share agreement.

(e)

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

(f)

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 City will be nonrefundable.

(Ord. No. O-06-125, § I, 11-27-06)

(a)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the City's CIE, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the local government having jurisdiction over the relevant transportation facility subject to the proportionate fair share agreement, and with the concurrence of the local government issuing the development order, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. These operational improvements shall be consistent with, and sustainable through, the construction of the capacity project. Proportionate fair-share revenues may also be used as the fifty (50) percent local match for funding under the Florida Department of Transportation (FDOT) transportation improvement program (TRIP) (five-year work plan).

(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 within that same corridor or sector that would mitigate the impacts of development.

(Ord. No. O-06-125, § J, 11-27-06)