§ 62-616. Proportionate fair-share agreements.

(a)

Upon execution of a proportionate fair-share agreement (agreement) the applicant shall receive written acknowledgement of concurrency approval from the county or the local government with jurisdiction over the proposed development. Should the applicant fail to apply for a building permit within one year of the effective date of the agreement, then the agreement shall be considered null and void, and the applicant shall be required to reapply in accordance to the provisions of section 62-613.

(b)

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or, if a plat is involved, recording of the final plat and shall be non-refundable. If the payment is submitted more than 12 months from the effective date 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 62-614 and adjusted accordingly.

(c)

All developer improvements authorized under this ordinance must be completed prior to issuance of a development 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 final development order 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)

An applicant 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 non-refundable.

(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. 06-60, § 1, 11-14-06)