§ 39-47. Determining proportionate fair-share obligation.

(a)

Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities as provided 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 in F.S. § 163.3180(16)(c), (contributions of private funds, land or facility construction).

(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 cumulative number of peak hour, peak direction trips from the complete buildout of the proposed development, or buildout of the stage or phase being approved, that are assigned to the proportionate share program segment as defined by traffic impact analysis divided by the change in the peak hour maximum service volume (MSV) of the proportionate share program segment resulting from construction of the proportionate share program improvement, multiplied by the anticipated cost of the proportionate share project. In this context, cumulative does not include project trips from previously approved stages or phases of development.

This methodology is expressed by the following formula:

Proportionate Fair Share = |Ms [(Development Trips;sub    \sub;)/(SV Increase;sub    \sub;)] x Cost;sub    \sub;

Where:

|Ms	=	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 (CMS);
SV Increase;sub    \sub;	=	Service volume increase provided by the eligible improvement to roadway segment ;sub    \sub;;
Cost;sub    \sub;	=	Adjusted cost of the improvement to segment ;sub    \sub;. Cost shall include the cost of all project phases (preliminary engineering or alignment study, design, rights-of-way acquisition and construction) in the years said phases will occur with all associated costs.

 

(d)

The cost of the proportionate fair-share project shall be determined by the maintaining jurisdiction. The value of right-of-way dedications used for proportionate fair-share payment shall be subject to the approval of the maintaining jurisdiction. No value shall be assigned to right-of-way dedications required under ordinance or as a condition of development approval.

(Ord. No. 1132, § 7, 2-13-2007)