(A) Proportionate fair share mitigation includes, without limitation, separately or collectively, private funds, contributions of land and contribution of transportation facilities.
(B) The methodology used to calculate a developer's proportionate fair share obligation shall be as provided in Fla. Stat. § 163.3180(12), and as represented by the following formula:
Proportionate Share = [(Development Trips) / (SV Increase)] x Cost
Where:
Development Trips = Those trips from the development that are assigned to roadway segment;
SV Increase = Service volume increase provided by the improvement to roadway segment
Cost = Adjusted cost of the improvement.
(C) For the purposes of determining proportionate fair share obligations, capital improvement costs shall be based upon the actual cost of the improvement as obtained from the CIP, the Brevard MPO Transportation Improvement Program, or the Florida Department of Transportation Work Program. Where such information is not available, the improvement cost shall be determined using one (1) of the following methods:
(1) An analysis by the Growth Management Department of costs, adjusted by the Florida Department of Transportation Price Trends Indexfrom the previous year, by cross section type that incorporates data from recent projects; or,
(2) The most recent issue of Florida Department of Transportation "Transportation Costs", as adjusted, based upon the type of cross section (urban or rural); locally available data from recent projects on acquisition, drainage, and utility costs; and significant changes in the cost of materials due to unforeseeable events.
(D) If the city has accepted an improvement project proposed by the developer, then the value of the improvement shall be determined by using one (1) of the methods provided in this section.
(E) If the city accepts any right-of-way dedication for the proportionate fair share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at one-hundred and twenty percent (120%) of the most recent assessed value of the land, upon which the right-of-way is or will be located, by the Brevard County Property Appraiser or, at the mutual agreement of the city and the developer, by fair market value established by an independent appraisal approved by the city and at no expense to the city. The developer shall supply 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 developer is less than the city estimated total proportionate fair share obligation for that development, then the developer must also pay the difference.
(Ord. 2006-128, passed 11-14-06)