The Proportionate Fair-Share Program shall be governed by the following procedures.
(A) Within ten days of a determination of a lack of capacity to satisfy transportation concurrency, the applicant for development shall be notified in writing of the Proportionate Fair-Share Program and this subchapter.
(B) Prior to submitting an application for proportionate fair-share mitigation, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options and related issues.
(C) Eligible applicants shall submit an application to the city that includes an application fee of $600, 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 fair-share mitigation method(s);
(7) Estimated value of the proposed fair-share mitigation pursuant to this subchapter; and
(8) Copy of concurrency application.
(D) The Planning Official shall review the application and determine that the application is sufficient and complete within ten business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share program and this subchapter, then the applicant will be notified in writing of the reasons for such deficiencies within 20 business days of submittal of the application. If such deficiencies are not remedied by the applicant within 60 business days of notification, the Planning Official shall deny the application. The Planning Official may grant an extension of time if requested in writing from the applicant not to exceed 60 business days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to affect a cure.
(E) To the extend required by Florida law, 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). In such event, the applicant shall submit evidence that FDOT concurs with the proposed proportionate fair-share mitigation.
(F) Within 60 business days from the date at which the application is deemed sufficient, complete and eligible, the Planning Official shall evaluate the application pursuant to this subchapter, and thereafter shall notify the applicant in writing whether the proposed proportionate fair-share mitigation application and certificate of concurrency has been approved, approved with conditions or denied. A copy of the notice shall be provided to the FDOT for any proposed proportionate fair-share mitigation proposed on any FDOT facility.
(G) Appeals of decisions of the Planning Official pursuant to this subchapter shall be as stated in Section 209 of these regulations and noticed as provided in Section 1803.
(Ord. 531, passed 1-9-2007)