(A) A developer who shall commence any land development activity generating traffic that results in a failure of a road segment to achieve transportation concurrency may apply to the city for a proportionate fair share agreement.
(B) Prior to submitting an application for a proportionate fair share agreement, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options and other relevant issues. If the road segment that has failed to achieve transportation concurrency is on the Strategic Intermodal System, the Florida Department of Transportation shall be requested to participate in the pre-application meeting.
(C) Procedures for review of application for proportionate fair share agreement.
(1) The developer shall submit an application to the Growth Management Director that includes a non-refundable application fee of five thousand dollars ($5,000.00) and the following:
(a) Name, address and contact information of the developer;
(b) A drawing and legal description of the land;
(c) Phasing schedule;
(d) Description of the requested fair share mitigation;
(e) If the requested fair share mitigation involves a road segment on the Strategic Intermodal System (SIS), evidence of concurrence from the Florida Department of Transportation.
(f) Traffic study performed by a licensed traffic engineer demonstrating failure of road segment to achieve transportation concurrency.
(2) Within twenty (20) days of receipt of the application, the Growth Management Director shall review the application to determine if the application is complete. If it is determined that the application is not complete, the Growth Management Director shall send a written statement to the developer delineating the deficiencies. If such deficiencies are not remedied by the developer within thirty (30) days of receipt of the written notification, then the application shall be deemed abandoned. The Growth Management Director shall grant an extension to cure such deficiencies, provided the developer has shown good cause for the extension and has taken reasonable steps to effect a cure.
(3) Once the Growth Management Director determines that the application is complete, written notification shall be sent to the developer. The Growth Management Director shall also forward the developer's application to the City Attorney who shall, within thirty (30) days, draft a proportionate fair share agreement for consideration by the City Council at a meeting no later than sixty (60) days from the date the developer received the notification that the application was complete.
(4) No proportionate fair share agreement shall be effective until approved by the City Council.
(Ord. 2006-128, passed 11-14-06)