§ 98-2504. Determination of proportionate fair-share obligation.

(a)

Proportionate fair-share mitigation for concurrency impacts may include, separately or collectively, private funds, contributions of land, and construction and contribution of facilities as provided for in F.S. § 163.3180(16)(c).

(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 based on the form of mitigation as provided for in F.S. § 163.3180 (16)(c).

(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 amount of the proportionate-share contribution shall be calculated based upon the cumulative number of trips from the proposed development expected to reach roadways during the peak hour from the complete build-out of a 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 the adopted level of service, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted level of service. This methodology is expressed by the following formula:

Proportionate Fair Share = + [[(Development Trips;sub    \sub;) ° (SV Increase;sub    \sub;)] X Cost;sub    \sub;]

(Note: In the context of the formula, the term "cumulative" does not include a previously approved stage or phase of a development.)

Where:

+ = Sum of all deficient links proposed for proportionate fair-share mitigation for a project.

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 "i";

Cost;sub    \sub; = Adjusted cost of the improvement to segment "i". Cost shall consist of all improvements and associated costs, including design, right-of-way acquisition, planning, engineering, inspection, and physical development costs, directly associated with construction at the anticipated cost in the year that construction will occur.

(d)

For purposes of determining proportionate fair-share obligations, the city shall determine improvement costs based upon the actual and/or anticipated costs of the improvement in the year that construction will occur.

(e)

If the city accepts an improvement project proposed by the applicant, then the value of the improvement shall be based on streets department cost estimate approved by the director of streets, or other method approved by the mayor.

(f)

If the city accepts a 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 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 city at no expense to the city. 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. If the estimated value of the right-of-way dedication proposed by the applicant, based on a city-approved appraisal, is less than the city estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to the purchase of acquisitions of any real estate intended to be used for proportionate fair-share, public or private partners should contact FDOT for essential information about compliance with federal law and regulations.

(Ord. No. 2007-36, § 2, 4-10-2007)