§ 21-16. General requirements.

(a)

An applicant may choose to satisfy the transportation concurrency requirements of the county by making a proportionate fair-share contribution, pursuant to the following requirements:

(1)

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

(2)

The five-year schedule of capital improvements in the county capital improvements element or the long-term schedule of capital improvements for an adopted long-term concurrency management system includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the county transportation concurrency management system. The provisions of 21-16(b) may apply if a project or projects needed to satisfy concurrency are not presently contained within the local government capital improvements element or an adopted long-term schedule of capital improvements.

(b)

The county may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share program by contributing to an improvement that, upon completion, will satisfy the requirements of the county transportation concurrency management system, but is not contained in the five-year schedule of capital improvements in the capital improvements element or a long-term schedule of capital improvements for an adopted long-term concurrency management system, where the following apply:

(1)

The county adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the capital improvements element or long-term schedule of capital improvements for an adopted long-term concurrency management system not later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the Santa Rosa Board of County Commissioners, and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1, consistent with the Comprehensive Plan, and in compliance with the provisions of this article. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated within the planning period of the long term concurrency management system to fully mitigate impacts on the transportation facilities.

(2)

If the funds allocated for the five-, ten- or 15-year schedule of capital improvements in the county capital improvements element are insufficient to fully fund construction of a transportation improvement required by the concurrency management system, 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 (1) or more improvements which will, in the 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 fair-share component must be adopted into the five-year capital improvements schedule of the comprehensive plan or the long-term schedule of capital improvements for and adopted long term concurrency management system at the next annual capital improvements element update.

(c)

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

(Ord. No. 2008-07, § 7, 3-27-08)