§ 62-617. Appropriation of proportionate fair-share revenues.

(a)

Proportionate fair-share revenues shall be deposited in a project account established to fund projects listed in the schedule of improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the county, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the requisite local match for funding under the FDOT Transportation Regional Incentive Program (TRIP) or other grant program.

(b)

In the event a scheduled facility improvement is removed from the schedule of improvements in the CIE, then any proportionate fair-share revenues collected for its construction may be applied toward the construction of another improvement that would mitigate the impacts of development pursuant to the requirements of subsection 62-611(b)(2).

(c)

Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair-share obligation as calculated pursuant to section 62-614, the county shall reimburse the applicant for the excess contribution using one or more of the following methods:

(1)

An account may be established on behalf of the applicant for the purpose of reimbursing the applicant for the amount of the excess contribution. The account shall be funded with proportionate fair-share payments from future applicants who impact the same facility. A capital recovery agreement shall be prepared by the county and fully executed to formalize this arrangement.

(2)

The county may directly compensate the applicant for the excess contribution through payment or some combination of means that are mutually acceptable to the county and the applicant.

(Ord. No. 06-60, § 1, 11-14-06)