development impacts. When a mobility fee ordinance was adopted to replace the traditional impact fees, it did not include an option for credits for this purpose. Stormwater has been identified as an ongoing challenge to accommodate and also increases the need for additional and costly ROW. Options to improve the way stormwater is managed across an area may be beneficial. Right-of-Way Dedication Sec. 5.11.08. of the code sets forth provisions governing right-of-way dedication. Property owners may voluntarily dedicate and convey land in the designated future right-of-way during the development application process based on an established alignment or an approximate alignment. Property owners may be required to dedicate right-of-way as a condition of zoning or site development approval that is roughly proportionate to the impacts of the development on the transportation network. The right-of- way must be recorded through an acceptable method, such as on the plat or deed prior to final development approval and will be voided and returned if the application is denied. In addition, Policy 1.6.3 provides the following: Policy 1.6.3:When new development chooses to construct public facilities, these facilities may be “oversized”, if warranted and feasible, to provide additional capacity for future development which must use the same facility. An appropriate repayment mechanism may be employed by the County to compensate for the additional costs of oversized improvements. The County does not provide credits for land dedication of facility construction in its mobility fee program. The previous transportation impact fee program did allow for credits, but the fees were so heavily discounted that they were often outweighed by the market value of any land dedicated. Section 6.04.03(P) Right-of-Way Protection and Acquisition of the County access management provisions reiterate the prohibition on development activity within existing right-of-way corridors, per “Hillsborough County Thoroughfare Plan Regulations” and requires applicants on these corridors to reserve or dedicate right-of-way in accordance with “an adopted Hillsborough County Transportation Corridor Map” or “the current MPO Long Range Transportation Needs Assessment Map” in effect at the time of the request for reservation or conveyance. The reference to the County thoroughfare plan is presumed to relate to what is officially called the Corridor Plan. The amount of ROW dedicated during the development process does not vary according to the size of a development, and staff say it is rare that the amount of right of way to be dedicated is significant in relation to the overall site. Also as indicated by staff, most applicants have been willing to provide the needed ROW to facilitate their project. Transit Corridor Planning and Preservation The Transportation Element of the Hillsborough County Comprehensive Plan includes several policies and Map 15 (February 28, 2008) identifying transit right-of-way preservation corridors (Hillsborough County City-County Planning Commission, 2008). The map generally depicts freight rail lines (CSX), and the interstate system (275/4), and mentions suggested transit envelopes and prioritization treatments on designated Transit Emphasis Corridors to be developed in coordination with the Hillsborough Area Regional Transit Authority (HART) and FDOT. However, there is some debate as to the utility of the generalized map. Section 6.03.09 of the County land development code requires new developments on
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