§ 62-611. General requirements.

(a)

An applicant may choose to satisfy the transportation concurrency requirements of the county or another local government in the county that is subject to the county proportionate fair-share program for transportation 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 of the county or local government with jurisdiction over the proposed development.

(2)

The five-year schedule of improvements in the CIE or the long-term schedule of improvements for an adopted long-term CMS includes a transportation improvement(s) that, upon completion, will provide sufficient capacity to accommodate the additional traffic generated by the proposed development. The provisions of subsection (b) may apply if a project or projects needed to satisfy concurrency are not presently contained within the local government CIE or an adopted long-term schedule of improvements.

(b)

The board of county commissioners may, at its sole discretion, choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share program for transportation by contributing to an improvement that, upon completion, will provide sufficient capacity to accommodate the additional traffic generated by the proposed development, but is not contained in the five-year schedule of improvements in the CIE or a long-term schedule of improvements for an adopted long-term CMS, where the following apply:

(1)

The board of county commissioners or another local government in the county adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of improvements in the CIE or long-term schedule of improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the board of county commissioners or city council of the local government with jurisdiction, and determined to be in compliance with F.S. § 163.3180(16)(b)1., provided additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities.

(2)

If the funds allocated for the five-year schedule of capital improvements in the CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, the board of county commissioners or city council of a local government in the county that is subject to the proportionate fair-share program for transportation 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 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 an 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 county maintained roadways, those of the FDOT for the state highway system, and the design standards of the applicable local government for all other roads.

(Ord. No. 06-60, § 1, 11-14-06)