§ 50-305. Proportionate fair-share mitigation.

(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 any development (also referred to in this section as "development project" or "project" herein) in the county where the development project's traffic impact study indicates, or the zoning administrator determines, that there is insufficient capacity on one or more segments to satisfy the development project's transportation concurrency level of service requirements. The proportionate fair-share program does not apply to developments of regional impact using proportionate fair-share under F.S. § 163.3180(12), or to developments exempted from concurrency as provided in F.S. § 163.3180.

(c)

General requirements.

(1)

An applicant whose project meets the criteria of section 50-305(b) may choose to satisfy transportation concurrency requirements 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, and

b.

The five-year schedule of capital improvements in the CIE includes one or more transportation improvement projects that, upon completion, will provide sufficient capacity for the deficient segments to accommodate the traffic generated by the proposed development. The provision of section 50-305(c) may apply if a project or projects needed to satisfy concurrency are not presently contained in the CIE.

(2)

The county may choose to allow an applicant to satisfy transportation concurrency for a deficient segment through the proportionate fair-share program by the developer contributing to an improvement that, upon completion, will create additional capacity on the deficient segment sufficient to accommodate the additional traffic generated by the applicant's proposed development even if the improvement project for the deficient segment is not contained in the five-year schedule of capital improvements in the CIE where:

a.

The county adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvements must be reviewed by the board and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1, consistent with the Levy County Comprehensive Plan, and in compliance with the provisions of this section. Financial feasibility for this section means that additional contributions, payments or revenue sources to fund the improvement project are reasonably anticipated during a period not to exceed ten years.

b.

If the funds allocated for the five-year schedule of capital improvements in the CIE are insufficient to fully fund construction of transportation improvements required to meet transportation concurrency, the county may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system.

(3)

Any improvement project proposed to meet a developer's fair-share obligation must meet design standards of the county for locally maintained roadways and those of the FDOT for the state highway system.

(d)

Intergovernmental coordination.

(1)

Pursuant to policies in the intergovernmental coordination element of the comprehensive plan and applicable polices in the Withlacoochee Strategic Regional Plan, the county shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

(e)

Application process.

(1)

Upon notification of a lack of capacity to satisfy transportation concurrency, an applicant may choose to satisfy transportation concurrency through the proportionate fair-share program pursuant to the requirements of section 50-305(c).

(2)

Prior to submitting an application for a proportionate fair-share agreement, the applicant shall attend a pre-application meeting with county planning department, development department and road department staff to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the SIS, then the FDOT will be notified and invited to participate in the pre-application meeting.

(3)

Eligible applicants shall submit an application to the county that includes an application fee as established by resolution and the following:

a.

Name, address, and phone number of owner(s), developer and agent;

b.

Property location, including parcel identification numbers;

c.

Legal description and survey of property;

d.

Project description, including type, intensity, and amount of development;

e.

Copy of initial development application that was basis for initial determination that development would exceed level of service requirements and not meet concurrency;

f.

Phasing schedule, if applicable;

g.

Description of requested proportionate fair-share method(s);

h.

Location map depicting the site and affected road network;

i.

If the requested fair-share mitigation involves a road segment on the SIS, evidence of concurrence from the FDOT; and

j.

Traffic study less than six months old performed by a licensed engineer demonstrating failure of road segment to achieve transportation concurrency.

(4)

Within 20 business days, the development department staff shall review the application and certify that the application is sufficient and complete. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program as indicated in section 50-305(c), then the applicant shall be notified in writing of the reason for such deficiencies within 20 business days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application shall be deemed abandoned. The board may, in its discretion, grant an extension of time not to exceed 60 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.

(5)

Pursuant to F.S. § 163.3180(16), proposed proportionate fair-share mitigation for development impacts on the SIS requires the concurrence of the FDOT. If an SIS facility is proposed for proportionate fair-share mitigation, the applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(6)

When an application is deemed sufficient, complete, and eligible, a proportionate fair-share obligation and binding agreement will be prepared by the county or the applicant with direction from the county and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on an SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient application and no fewer than 14 days prior to the board meeting when the agreement will be considered.

(7)

The county shall notify the applicant regarding the date of the board meeting at which the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the board.

(f)

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 contribution of facilities as provided in F.S. § 163.3180(16)(c).

(2)

A development shall not be required to pay more than its proportionate fair share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ based on the form of mitigation as provided in F.S. § 163.3180(16)(c).

(3)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of the stage or phase being approved that are assigned to the proportionate fair-share program segment, divided by the change in the peak hour maximum service volume ("MSV") of roadways resulting from an improvement necessary to maintain the adopted level of service, multiplied by the construction cost at the time of developer payment, of the improvement necessary to maintain the adopted level of service.

This methodology is expressed by the following formula:

Proportionate Fair-Share = the sum of [(Development Trips;sub    \sub;) divided by (SV Increase;sub    \sub;) multiplied by Cost]

Where:

Development trips;sub    \sub;	=	Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency.
SV Increase;sub    \sub;	=	Service volume increase provided by the eligible improvement to roadway segment "i", per section (c).
Cost j	=	Adjusted cost of the improvement to segment "i". Cost shall consist of all improvements and associated costs, including design, right-of-way acquisition, planning, engineering, inspection, and physical development costs, directly associated with construction at the anticipated cost in the year that construction will occur.

 

(4)

For purposes of determining proportionate fair-share obligations, the county shall determine improvement costs based upon the actual and/or anticipated costs of the improvement in the year that construction will occur. These costs will be determined by the county's road department or the FDOT Work Program. Determination of costs may be based on the most recent issue of FDOT 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 unforseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District.

(5)

If the county has accepted an improvement project proposed by the applicant, then the value of the improvement shall be based on the engineer's certified cost estimate provided by the applicant and approved by the county's administrative road superintendent or other method approved by the county's administrative road superintendent.

(6)

If the county has accepted 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 120 percent of the most recent assessed value by the county property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the county and at no expense to the county. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the county at no expense to the county. If the estimated value of the right-of-way dedication proposed by the applicant (based on a county-approved appraisal) is less than the county estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations.

(g)

Impact fee credit for proportionate fair-share mitigation.

(1)

Proportionate fair-share mitigation payments for a development project shall be applied as a credit toward the transportation impact fees assessed to that development project, to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the county's impact fee regulations contained in chapter 47, article IV hereof.

(2)

Impact fee credits for a proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant must pay the remaining impact fee amount to the county pursuant to the requirements of the county's impact fee regulations contained in chapter 47, article IV hereof.

(3)

A proportionate fair-share contribution is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any transportation impact fee credit based upon proportionate fair-share contributions for a proposed development may not be transferred to any other location.

(h)

Proportionate fair-share agreements.

(1)

Upon execution of a proportionate fair-share agreement, the applicant shall receive concurrency approval from the county. Should the applicant fail to apply for building permits within a one year time frame, then the agreement shall be considered null and void, and the applicant shall be required to reapply.

(2)

Payment of the proportionate fair-share contribution for a project and payment of other impact fees assessed to that project shall be due and must be paid prior to the effective date of the proportionate fair-share agreement. The effective date shall be specified in the agreement and shall be the date the agreement is approved by the board.

(3)

All developer improvements accepted as a proportionate fair-share contribution must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement and is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed within three years of the issuance of the first building permit for the project which is the subject of the proportionate fair-share agreement.

(4)

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must occur prior to the effective date of the proportionate fair-share agreement.

(5)

Any requested change to a development project subsequent to a development order shall be subject to additional proportionate fair-share contributions to the extent the change would increase project costs or generate additional traffic that would require mitigation.

(6)

An applicant may withdraw from a proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the county are non-refundable.

(i)

Appropriation of fair-share revenues.

(1)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may also be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP).

(2)

In the event a scheduled facility improvement is removed from the capital improvements element, then the proportionate fair-share revenues collected for its construction may be applied toward the construction of an alternative improvement within that same corridor or sector where the alternative improvement will mitigate the impacts of the development project on the congested roadway(s) for which the original proportionate fair-share contribution was made.

(Ord. No. 2006-17, § 5, 12-5-2006)