issuing building permits or development orders for construction that would encroach on the planned right-of-way. Delineated trafficway is defined in the code as “a public right-of-way the primary, though not necessarily the sole, purpose or use of which is to facilitate through movement of vehicles in substantial volume, rather than the providing of direct access to abutting properties and the location of which is defined with sufficient specificity so that a legal description may be derived therefrom and so that persons owning property affected thereby may be in a position to determine the nature and extent of such effect.” Determination of Alignment and Setbacks Per Sec. 5-195.b. of the Broward County Land Development Code, design standards for rights-of-way within the Trafficways corridors are dictated by the Broward County Trafficways Plan. In general, rights- of-way should be “of sufficient width to accommodate the safe movement of vehicular traffic, mass transit and mass transit facilities such as bus pull-out lanes and bays, bicycles, pedestrians, road drainage and aesthetic features such as landscaping.” Land Acquisition Methods and Funding In November 2018, Broward County voters approved a 1% transportation surtax which remains in effect until December 31, 2048. According to Sec. 31½-73. of the county code of ordinances, all money collected from this tax is deposited into the Transportation Surtax Trust Fund and can only be used for “authorized transportation and transit purposes.” Broward County, the Broward County MPO, and 30 municipalities entered an Interlocal Agreement (ILA) which charged the MPO with the responsibility and authority to rank municipal projects to be identified in a five-year plan for approval and funding annually from the trust fund. The Broward County Administrative Code references a road impact fee (Sec. 27.45) and a transit impact fee (Sec. 27.46). Both fees are calculated using a formula that estimates the number of daily trips generated by residential, office and retail developments and are determined during development review. Credits against these impact fees can be granted through an agreement between the county and property owners/developers. Credits against road impact fees are not allowed for (Sec. 27.45.f.3.), “(i) dedicated or conveyed rights-of-way which are a requirement of plat approval, (j) rights-of-way or construction costs on limited access highways, and (k) requirements to construct the first two lanes of a trafficway adjacent to the property.” Other items that are not credited include site-related improvements, such as median cuts and auxiliary lanes. If development is planned in an area classified as a Standard Concurrency District, there is a Transportation Concurrency requirement which can be satisfied by making a Proportionate Fair-Share contribution. There is also an “Impact Fee Credit for Proportionate Fair-Share Mitigation,” (Sec. 5- 182.2.4.C.). Right-of-way acquisition for capital improvements is eligible for credits. St. Lucie County As with the other counties reviewed, St. Lucie County has had a corridor management process for many years, and continues to maintain strong corridor preservation objectives, policies, and regulations. However, the process has been less actively implemented in the County as many of the roadways planned for reconstruction and widening are within the County’s rapidly growing municipalities.
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