Upon approval of an application for proportionate share mitigation, the following requirements shall apply.
(A) Upon approval of an application for proportionate fair-share mitigation, the city shall issue to the applicant a certificate of concurrency governing concurrency for transpiration facilities, which shall explicitly set forth the proportionate fair-share mitigation required by this subchapter. Conditions of development order approval or a fully executed Binding Proportionate Fair-Share Agreement may also accompany the approval.
(B) Should the applicant fail to apply for a building permit within 12 months of the date of the certificate of concurrency, then the certificate of concurrency and the approval of the application for proportionate share mitigation shall be considered null and void, and the applicant shall be required to reapply. The Planning Official may grant an extension of up to an additional 12 months if requested in writing from the applicant showing good cause for the extension.
(C) Payment of the proportionate fair-share mitigation funds are due in full prior to issuance of the final development order or recording of the final plat and shall be nonrefundable, if the payment is submitted more than 12 months from the date of the issuance of the certificate of concurrency, then the proportionate fair-share mitigation shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to § 30.51, and adjusted accordingly.
(D) If an applicant enters into a binding agreement or receives a development order which requires road improvements as a condition of development approval, such improvements must be completed prior to issuance of a certificate of acceptance or a final plat approval. A presentment bond payable to the city sufficient to ensure the completion of improvements shall be obtained.
(E) Dedication of land or right-of-way for facility improvements to the city as proportionate fair-share mitigation must be completed prior to issuance of the certificate of acceptance or recording of the final plat.
(F) Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair-share mitigation 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 subchapter.
(G) Applicants may submit a letter to withdraw from the Proportionate Fair-Share Program at any time prior to the issuance of the certificate of concurrency. The application fee and any associated advertising costs to the city will be nonrefundable.
(H) The city may consider joint applications for proportionate fair-share mitigation to facilitate collaboration among multiple applicants on improvements to a shared transportation facility, and may coordinate with other jurisdictions on Proportionate Fair-Share Mitigation through interlocal agreements.
(Ord. 531, passed 1-9-2007)