§ 59.1003. General Requirements.

(1)

An applicant may choose to satisfy the transportation concurrency requirements of the City by making a proportionate fair-share contribution, if both of the following requirements are met:

(a)

The proposed development is consistent with the City's Growth Management Plan and all applicable land development regulations, and City Code, and

(b)

The five-year schedule of capital improvements in the City's CIE or the long-term schedule of capital improvements for an adopted long-term CMS include transportation improvement(s) that, upon completion, will satisfy the transportation concurrency requirements of the development under the City's transportation CMS. The provisions of Section 59.1003(2) may apply if a transportation project or projects needed to satisfy concurrency are not presently contained within the City's CIE or an adopted long-term schedule of capital improvements.

(2)

The City may allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by contributing to a transportation improvement that, upon completion, will satisfy the requirements of the City's transportation CMS, but is not contained in the five-year schedule of capital improvements in the CIE or a long- term schedule of capital improvements for an adopted long-term CMS if either of the following apply:

(a)

The City adopts, by resolution or ordinance, a commitment to add the transportation improvement to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled CIE update. To qualify for consideration under this section, the proposed improvement must be reviewed by the Municipal Planning Board, and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1, consistent with the City's Growth Management Plan, and in compliance with the provisions of this ordinance. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten (10) years to fully fund the transportation improvement.

(b)

If the funds allocated for the five-year schedule of capital improvements in the City's CIE are insufficient to fully fund construction of a transportation improvement required by the City's CMS to mitigate impacts of the development, the City 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 (1) or more transportation improvements which will, in the opinion of the City, significantly benefit the impacted transportation system, and satisfy the requirements of the City's Transportation CMS.

The transportation improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year capital improvements schedule of the City's Growth Management Plan or the long-term schedule of capital improvements for an adopted long-term concurrency management system at the next available, annual capital improvements element update.

(3)

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

(Ord. of 10-29-2007, § 2, Doc. #0710291002)