§ 21-19. Determining proportionate fair-share obligation.

(a)

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.

(b)

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 regardless of the method of mitigation.

(c)

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 a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS."

or

Proportionate Fair-Share = Sum of [[(Development Trips;sub    \sub;)/(SV Increase;sub    \sub;)] × Cost;sub    \sub;]

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 per the concurrency management system;

SV Increase;sub    \sub; = Service volume increase provided by the eligible improvement to roadway segment per section 21-16;

Cost;sub    \sub; = Adjusted cost of the improvement to segment "i". Cost shall include all roadway improvements and associated costs such as design, right-of-way acquisition, planning, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred.

(d)

For the purposes of determining proportionate fair-share obligations, the county shall determine the improvement costs based upon the cost of the improvement as obtained from the capital improvements element, the transportation planning organization 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)

An analysis by the county of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the planning director, public works director, or county engineer. In order to accommodate increases in construction material costs, project costs shall be adjusted by an inflation factor from the FDOT work program instruction; or

(2)

The most recent costs used by FDOT District 3 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 shall be determined using this method in coordination with FDOT District 3. Project costs shall be adjusted by an inflation factor from the FDOT Work Program Instruction.

(e)

If the county has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one (1) of the methods provided in this section.

(f)

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 one hundred (100) 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 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.

(Ord. No. 2008-07, § 10, 3-27-08)