the payment is submitted more than 12 months from the date of execution 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 F. and adjusted accordingly. 3. All developer improvements authorized under this Code must be completed prior to issuance of a certificate of occupancy, 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 certificates of occupancy. 4. 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. 5. 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. 6. Applicants 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 nonrefundable. H. Appropriation of Fair-Share Revenues 1. Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the County capital improvements element, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair- share revenues may also be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP).
Method for Cost Escalation as provided in Section I. 5. If the County has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section. 6. If the County has accepted 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 by fair market value established by an independent appraisal approved by the County and at no expense to the County. 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 County at no expense to the County. If the estimated value of the right-of-way dedication proposed by the applicant is less than the County estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair share, public or private partners should contact FDOT for essential information about compliance with federal law and regulations. G. Proportionate Fair-Share Agreements 1. Upon execution of a proportionate fair-share agreement (Agreement) the applicant shall receive a certificate of capacity for transportation concurrency for the development covered by such agreement. The certificate of capacity shall be effective for the time periods specified in Section 4.02.05 C. of this Code. Should the certificate of capacity expire, then the Agreement shall be considered null and void, and the applicant shall be required to reapply. Upon payment of the proportional fair share contribution, as provided in Section G.(2), the certificate of capacity shall become permanent. 2. Payment of the proportionate fair-share contribution is due in full prior to issuance of any building permit or recording of the final plat and shall be nonrefundable. If
Roadway LOS Report – Rezoning/Concurrency Reviews
D- 5
Made with FlippingBook Learn more on our blog