(A)   Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with F.S. § 163.3180(16).
   (B)   Applicability. The Proportionate Fair-Share Program shall apply to all developments in the city that impact a road segment in the city Concurrency Management System and have been notified of a failure to achieve transportation concurrency on a roadway segment or segments. The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate share under F.S. § 163.3180(12), developments meeting the de minimus standards under F.S. § 163.3180(6) or to developments exempted from concurrency as previously provided in this chapter.
   (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 five-year Capital Improvement Program includes transportation improvement(s) that, upon completion, will accommodate additional traffic generated by the proposed development.
      (2)   Any improvement project proposed to meet the developer’s fair-share obligation must meet generally accepted design standards for the State of Florida and the city.
   (D)   Application process.
      (1)   City staff shall notify an applicant in writing of a failure to satisfy transportation concurrency requirements. Upon receipt of such notice, applicants may submit a proposed proportionate fair-share calculation to the Community Development Director or designee for review.
      (2)   Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the Strategic Intermodal System requires the concurrence of the Florida Department of Transportation (FDOT).
      (3)   The Community Development Director shall determine whether a proportionate fair- share calculation is sufficient and eligible. 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 Commission.
   (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 may 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 in F.S. § 163.3180(12).
      (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 Capital Improvements Program or another method approved by the Community Development Director.
      (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)   Proportionate fair-share mitigation shall be applied as a credit against impact fees if the proposed improvement is on the list of approved projects in the most recent county impact fee ordinance and technical report. Credits will be given for that portion of the impact fees that would have been used to fund the improvements on which the proportionate fair-share contribution is calculated. The portion of impact fees available for the credit will be based on the historic distribution of impact fee funds to the arterial roadways and collector roadways in the appropriate impact fee district. Impact fee credits shall be calculated at the same time as the applicant’s proportionate share obligation is calculated.
      (2)   Any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other parcel or parcels within the county.
   (G)   Appropriation of fair-share revenues. Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the city Capital Improvements Program.
(Ord. 1235, passed 12-7-06)