§ 59.1006. Determining Proportionate Fair-Share Obligation.

(1)

Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, contributions of funds, contributions of land, and construction and contribution of facilities consistent with F.S. § 163.3180(16)(c).

(2)

A development shall not be required to pay more than its proportionate fair-share, as defined in this part. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ in amount regardless of the form of mitigation, as referenced in subsection (1) above, and as provided in F.S. § 163.3180(16)(c). Furthermore, proportionate fair share mitigation shall be limited to ensure that a development inside a transportation concurrency backlog area is not responsible for the additional costs of eliminating backlogs, as provided in F.S. § 163.3182(7).

(3)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as follows:

The number of trips from the proposed development expected to reach roadways during the peak hour from the stage or phase being approved, divided by the change in the peak hour maximum service volume of roadways resulting from construction of an improvement necessary to maintain or achieve the adopted level of service, multiplied by the construction cost, at the time of development payment, of the improvement necessary to maintain or achieve the adopted level of service.

(4)

For the purposes of determining proportionate fair-share obligations, the City shall determine improvement costs based upon the actual cost of the improvement as obtained from the City's CIE, the Metroplan Transportation Improvement Program (TIP) or the FDOT Work Program, as applicable. Where such information is not available, improvement cost may be determined using one or both of the following methods as appropriate:

(a)

An analysis by the City of costs by cross-section type that incorporates data from recent projects which data is updated annually and approved by the FDOT. In order to accommodate increases in construction material costs, project costs shall be adjusted in accordance with inflation factors from the most recently published FDOT Transportation Costs Handbook; or

(b)

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 unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program may be determined using this method in coordination with the FDOT Local District Office.

(5)

If the City has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined by the City using the methods provided in this section.

(6)

If the City has accepted right-of-way dedication for the proportionate fair-share payment, the value of the non-site related right-of-way that has been dedicated shall be determined on the date of the dedication. 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 City at no expense to the City, showing that title to the right-of-way is free and clear of all encumbrances. If the estimated value of the right-of-way dedication proposed by the applicant is less than the City 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 State and federal law and regulations. Right-of-way dedicated to the City to satisfy a proportionate fair share contribution may also form the basis of a transportation impact fee credit under this Chapter 59, but not as a credit under Chapter 56, City Code.

(7)

Developments generating 1,000 daily trips or less and generating more than 1% of the maximum service volume at the adopted level of service standard for affected state transportation facility(ies) as determined by the City, may, at the Developer's option satisfy the concurrency requirements of the City by either making a proportionate fair-share contribution equal to half (50%) of the development's estimated transportation impact fees, as determined by the City or otherwise following the methodology described under this section. Developments shall not be phased or apportioned so as to meet the requirements of this subsection (7).

(Ord. of 10-29-2007, § 2, Doc. #0710291002; Ord. No. 2013-24, § 1, 5-6-2013, Doc. #1305061204)