§ 21-21. Proportionate fair-share agreements.

(a)

Upon execution of a proportionate fair-share agreement (agreement) the applicant shall receive a letter of concurrency approval. Should the applicant fail to apply for a building permit within twelve (12) months, then the agreement shall be considered null and void, and the applicant shall be required to reapply.

(b)

Payment of the proportionate fair-share contribution is due in full prior to issuance of the building permit or recording of the final plat and shall be nonrefundable unless the applicant retracts his development order and the trips are no longer vested in the concurrency management system. If the payment is submitted more than twelve (12) months from the date of execution of the agreement, then the proportionate fair-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 section 21-18 and adjusted accordingly.

(c)

All developer constructed improvements authorized under this article must be completed prior to issuance of a building 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. It is the intent of this section that any required improvements 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 fair-share agreement must be completed prior to issuance of the building permit 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 fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

(f)

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

(g)

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

(Ord. No. 2008-07, § 12, 3-27-08)