§ 30-307. Transportation proportionate-share mitigation.

In order 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, there shall be a program known as the transportation proportionate-share mitigation program (the "mitigation program"), as required by and in a manner consistent with F.S. § 163.3180(5)(h)3. as may be amended. The mitigation program shall apply to all developments in the village that have been notified of a lack of capacity to satisfy transportation concurrency, including transportation facilities maintained by the Florida Department of Transportation (the "FDOT") or another government agency which the village relies upon for concurrency determinations. The mitigation program does not apply to developments exempted from concurrency as provided in section 30-303.

(1)

General requirements.

a.

An applicant may propose to satisfy the transportation concurrency requirements of the village by making a proportionate-share contribution only if the following requirements are met:

1.

The proposed development is consistent with the comprehensive plan and applicable land development regulations; and

2.

The five-year schedule of capital improvements in the village's capital improvements plan ("CIP") includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the village's concurrency management system (the "CMS"). The provisions of subsection b.2. may apply if a proposed project or development which is needed to satisfy concurrency are not presently contained within the village's CIP.

b.

The village, in its sole discretion, may choose to allow an applicant to satisfy transportation concurrency through the mitigation program by contributing to an improvement that, upon completion, will satisfy the requirements of the village's transportation CMS, but is not contained in the five-year schedule of capital improvements in the CIP, where the following conditions are met:

1.

The village adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIP no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement shall be reviewed by the village council, and determined to be consistent with the comprehensive plan, and in compliance with the provisions of this section.

2.

If the funds allocated for the five-year schedule of capital improvements in the village's CIP are insufficient to fully fund construction of a transportation improvement required by the CMS, the village may still enter into a binding proportionate-share agreement with the applicant authorizing construction of that amount of development on which the proportionate-share is calculated if the proportionate-share amount in such agreement is sufficient to pay for one or more improvements which will, in the sole opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate-share component shall be adopted into the five-year capital improvements schedule of the comprehensive plan at the next annual capital improvements plan update.

3.

Any improvement project proposed to meet the developer's proportionate-share obligation shall meet applicable design standards of the jurisdiction which controls.

4.

It shall be in the village's sole discretion whether the requested addition to the CIP shall be added.

(2)

Intergovernmental coordination. Pursuant to policies in the intergovernmental coordination element of the village's comprehensive plan and applicable policies in the South Florida Regional Planning Council's Strategic Regional Policy Plan for South Florida, the village 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-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

(3)

Determining proportionate-share obligation.

a.

Proportionate-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

b.

An applicant shall not be held responsible for the additional cost of reducing or eliminating deficiencies. An applicant shall not be required to pay or construct transportation facilities whose costs would be greater than a development's proportionate share of the improvements necessary to mitigate the development's impacts.

c.

The methodology used to calculate an applicant's proportionate-share obligation shall be as provided for in F.S. § 163.3180(5)(h)3.c.(II), as may be amended, as follows:

1.

The proportionate-share contribution shall be calculated based upon 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.

2.

In using the proportionate-share formula above, the applicant, in its traffic analysis, shall identify those roadways or facilities that have a transportation deficiency in accordance with the transportation deficiency as defined in F.S. § 163.3180(5)(h)3.e., as may be amended. The proportionate-share formula shall only be applied to those facilities that are determined to be significantly impacted by the project traffic under review. If any roadway is determined to be transportation deficient without the project traffic under review, the costs of correcting that deficiency shall be removed from the project's proportionate-share calculation and the necessary transportation improvements to correct that deficiency shall be considered to be in place for purposes of the proportionate-share calculation. The improvement necessary to correct the transportation deficiency is the funding responsibility of the entity that has maintenance responsibility for the facility. The development's proportionate share shall be calculated only for the needed transportation improvements that are greater than the identified deficiency.

3.

When the provisions of this section have been satisfied for a particular stage or phase of development, all transportation impacts from that stage or phase for which mitigation was required and provided shall be deemed fully mitigated in any transportation analysis for a subsequent stage or phase of development. Trips from a previous stage or phase that did not result in impacts for which mitigation was required or provided may be cumulatively analyzed with trips from a subsequent stage or phase to determine whether an impact requires mitigation for the subsequent stage or phase.

4.

In projecting the number of trips to be generated by the development under review, any trips assigned to a toll-financed facility shall be eliminated from the analysis.

d.

For the purposes of determining proportionate-share obligations, the village shall determine improvement costs based upon the actual and/or anticipated cost of the improvement as obtained from the capital improvements element, the MPO transportation improvement program or the FDOT work program. Where such information is not available, improvement cost shall be determined using one of the following methods:

1.

If the village has accepted an improvement project proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the village; or

2.

If the village has accepted non-site related right-of-way dedication for the proportionate-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 village and at no expense to the village. 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 village at no expense to the village. If the estimated value of the non-site related right-of-way dedication proposed by the applicant is less than the village's estimated total proportionate-share obligation for that development, then the applicant shall 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 proportionate-share mitigation, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations. Whether a right-of-way dedication is non-site related shall be in the sole discretion of the village.

(4)

Impact fee credit for proportionate-share mitigation.

a.

The applicant shall receive a credit on a dollar-for-dollar basis for impact fees, mobility fees, and other transportation concurrency mitigation requirements paid or payable in the future for the project. The credit shall be reduced up to 20 percent by the percentage share that the project's traffic represents of the added capacity of the selected improvement, or by the amount specified by ordinance, whichever yields the greater credit.

(5)

Proportionate-share agreements.

a.

Upon the applicant's execution of a proportionate-share agreement in accordance with subsection (3) the applicant shall receive a determination that concurrency requirements have been satisfied. Should the applicant fail to apply for a development permit within 12 months of the execution of the agreement or other timeframe provided in the CMS, then the proportionate-share agreement shall be considered null and void, and the applicant shall be required to reapply.

b.

Payment of the proportionate-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be nonrefundable. If the payment is submitted more than 12 months from the date of execution of the agreement, then the proportionate-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to subsection (3) and adjusted accordingly.

c.

All developer improvements authorized under this section shall be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. Any required improvements shall be completed before issuance of building permits or certificates of occupancy.

d.

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate-share agreement shall be completed prior to issuance of the final development order or recording of the final plat.

e.

Any requested change to a development project subsequent to a development order may be subject to additional proportionate-share contributions to the extent the change would generate additional trips that would require mitigation.

f.

Applicants may submit a letter to withdraw from the proportionate-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the village will be nonrefundable.

g.

The village may enter into proportionate-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

h.

Proportionate-share agreements shall contain a provision setting forth the amount of impact fee credit if applicable.

(6)

Appropriation of proportionate-share revenues.

a.

Proportionate-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the village's CIP, or as otherwise established in the terms of the proportionate-share agreement. At the discretion of the village, proportionate-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate-share revenues were derived. Proportionate-share revenues may also be used as the 50 percent local match for funding under the FDOT transportation regional incentive program (TRIP).

b.

In the event a scheduled facility improvement is removed from the CIP, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of subsection (1)b.2.

c.

Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in Section F.S. § 339.155, then the village may coordinate with other impacted jurisdictions and agencies to apply proportionate-share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT TRIP. Such coordination shall be ratified by the village through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

(7)

Cross jurisdictional impacts.

a.

In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the village may enter an agreement with one or more adjacent local governments to address cross jurisdictional impacts of development on regional transportations facilities. The agreement shall provide for application of the methodology in this section to address the cross jurisdictional transportation impacts of development.

b.

A development application submitted to the village subject to a transportation concurrency determination meeting all of the following criteria shall be subject to this section:

1.

All or part of the proposed development is located within a U.S. 1 road segment which is under the jurisdiction, for transportation concurrency, of an adjacent local government; and

2.

Using its own concurrency analysis procedures, the village concludes that the additional traffic from the proposed development would use five percent or more of the reserve speed of a regional transportation facility within the concurrency jurisdiction of the adjacent local government "impacted regional facility"; and

3.

The impacted regional facility is projected to be operating below the level of service standard, adopted by the adjacent local government, when the traffic from the proposed development is included.

c.

Upon identification of an impacted regional facility pursuant to subsection 8(b), the village shall notify the applicant and the affected adjacent local government in writing of the opportunity to derive an additional proportionate-share contribution, based on the projected impacts of the proposed development on the impacted adjacent facility.

1.

The adjacent local government shall have up to 90 days in which to notify the village of a proposed specific proportionate-share obligation, and the intended use of the funds when received. The adjacent local government must provide reasonable justification that both the amount of the payment and its intended use comply with the requirements of F.S. § 163.3180(16). Should the adjacent local government decline proportionate-share mitigation under this section, then the provisions of this section would not apply and the applicant would be subject only to the proportionate-share requirements of the village.

2.

If the subject application is subsequently approved by the village, the approval shall include a condition that the applicant provides, prior to the issuance of any building permit covered by that application, evidence that the proportionate-share obligation to the adjacent local government has been satisfied. The village may require the adjacent local government to declare, in a resolution, ordinance, or equivalent document, its intent for the use of the concurrency funds to be paid by the applicant.

(Ord. No. 06-21, § 2, 11-9-2006; Ord. No. 13-19, § 2, 8-22-2013)