Fort Walton Beach Ordinance — 1759 Proportionate Fair Share Program — reading text

orooortionate fair- share obliaation and binding spreement will be oreoared by the City. or the aDplicant with direction from the City. and delivered to the aoorODriate Dames for review. includina a coov to the FOOT for any Drooosed DroDortionate fair-share mitiaation on a state road. no later than 60 days from the date at which the aoolicant received the notification of a sufficient application and no fewer than 14 days Drier to the Fort Walton Beach City Council meetina when the spreement will be considered. e. The City shall notify the aoolicant reaarding the date of the Fort Walton Beach City Council meetina when the aareement will be considered for final aDDroval. No Drooortionate fair-share agreement will be effective until aooroved bv the City Council. f. A Dublic hearina shall be reauired for anv Drooortionate fair share imDrovement that is suaaested for addition to the CaDital ImDrovement Proaram. 7) Determinina ProoortionBte F8ir-Sh8fe ObIiaation Proportionate fair-share mitiaation for concurrency imoacts may include. without limitation. seDaratelv or collectively. Drivate funds. contributions of land. and construction and contribution of facilities. A develQPment shall not be reouired to D8V more than its Drooortionate fair-share. The fair market value of the orooortionate fair-share mitiGation for the imoacted facilities shall not differ reaardless of the method of mitiGation. a. The methodoloay used to calculate an aoolicanfs Drooortionate fair- share obliaation shall be as Drovided for in Section 163. 3180 ( F. S.. 12), as follows. The cumulative number of trios from the orooosed develooment exoected to reach roadways durina oeak hours from the comolete build out of a staae or Dhase being aooroved. divided by the chanoe in the oesk hour maximum service volume IMSV) of roadways resultina from construction of an imorovement necess&fV to maintain the adooted LOS. multiolied bv the construction cost. at the time of deveIooer Davment. of the imorovement necessary to maintain the adODted LOS. or Prooortionate Fair-Share = Y (fDevelo ment Triosj)l(SV Increase~1 x Cost,1 Where: 5  The three-year arowth rate is determined bY the followina formula: Cost arowthJYr . =rCost arowth.1 + Cost arowth.~ Cost arowthl:Jf3 Where: Cost Gr~ = The Growth rate of costs over the last 3 years: Cost Growth., = The arowth rate of costs in the Drevious year: Cost growth:z = The growth rate of costs two veers orior: Cost growth~ = The Growth rate of costs three veers Drior. c. If the City has acceoted an imorovement Droiect orooosed by the aDDlicant. then the value of the imDrovement shall be determined usina one of the methods provided in this section. d. If the City has acceoted right-of- wav dedication for the orooortionate fair-share Davment. credit for the dedication of the non-site related riaht- of-way shall be valued on the date of the dedication at 115% oercent of the most recent assessed value bv the County orooerty ao~ iser or. at the oDtion of the aoDlicant. bv fair market value established bv an indeoendent aDDraisal aooroved by the City and at no exoense to the City. The aDDlicant shaH suoDIv a drawina and leaal descriotion of the land and a warranty deed at no exoense to the City. If the estimated vafue of the right-of- way dedication Drooosed bv the aDDlicant is less than the City estimated total orooortionate fair-share oblioation for that deveIooment. then the aoolicant must also oay the difference. Prior to DUrchase or acauisition of any real estate or acceDtance of donations of real estate intended to be used for the DroDOrtionate fair-share. public or Drivate Dartners should contact the FOOT for essential information about comoliance with federal law and reaulations. 8) ImoBCt Fee Credit for Prooortionate Fair-Sh8fe Mitiaation Prooortionate fair-share contributions shall be aooIied as a credit aaainst imDact fees to the extent that all or a oortion of the Drooortionate fair-share mitiaation is used to address the same caDital infrastructure imorovements contemolated by the local aovernment's imDact fee ordinance. ImDact fee credits for the DroDortionate fair-share contribution wiN be determined when the transoortation imoact fee obIiaation is calculated for the orooosed develooment. Maior Proiects not created under subsection ( 4)( b) above which can demonstrate a significant benefit to the imDacted transDortation system may be eliaible at the local govemment's discretion for imDact fee credits. The orooortionate fair-share obIiaation is intended to mitiaate the transDortation imDacts of a DroDosed develoDment at a sDecific location . 7 9) Prooortionate Fair-Share Aareements a. UPOn execution of a orooortionate fair-share aarcement. the 8oDIic8nt shall receive a certificate of concurrency aDoroval and all trios attributable to the develooment shall be considered vested and shaH be added to the concurrency manaaement trackina system for the imoacted facilities. Should the aoolicant fail to be aooroved bv the City Council for a develooment order within 12 months of the execution of the Aareement. then the Aoreement shall be considered null and void. the trios shall be removed from the CMS. and the aDDlicant shall be required to re8DDW. b. Payment of the orooortionate fair-share contribution is due in full orior to issuance of the final develooment order or recording of the final DIet and shall be non-refundabte. If the oayment is submitted more than 12 months from the date of execution of the Aareement. then the DroDortionate fair-share cost shall be recalculated at the time of Davment based on the best estimate of the construction cost of the reauired imDrovement at the time of Davment. oursuant to the methods in this section ( 7) above and adiusted accordinalv. c. All develoDer imDrovements authorized under this section involvina dedications to the City must be com Dieted orior to final acceotance of the imDrovements and receiot of a defect security. or as otherwise established in a bindina aoreement that is accomDanied by a security instrument that is sufficient to ensure the comDletion of all required imorovements. d. All develoDer imDrovements authorized under this section not involving dedications to the City must be comoleted orier to recording of the plat for residential deveIoDments or Drier to the issuance of a certificate of occuDancv for non-residential develooment. e. Dedication of necessary for facilitv imorovements oursuant right-of-wav to a Drooortionate fair-share aareement must be comoleted orior to issuance of the final develooment order or recording of the finalolat. f. Anv reauested chanae to a develooment Droiect subseauent to a develooment order may be subiect to additional orooortionate fair-share contributions to the extent the chanae would generate additional traffic that would reauire mitiaation. g. ADDlicants mav submit a letter to withdraw from the orooortionate fair- share aareement at anv time orior to the execution of the aareement. The aDDlication fee and any associated advertisina costs to the City shall be non- refundabfe. 8  h. The City may enter into multioartv orooortionate fair-share aareements for Sf)tected corridor imDrovements to facilitate collaboration amona multiple aoolicants on imorovements to a shared transoortation facility. 10) Aoorooriation of and Accountina for Fair-Share Revenues Prooortionate fair-share revenues shall be olaced in the aooroori8te oroiect account for fundina of scheduled improvements in the City CtE. or as otherwiSe established in the terms of the orooortionate fair-share ~ ment. At the Citv's discretion. orooortionate fair-share revenues mav be used for ooerationat imDrovements Drior to construction of the caDscitv Droiect from which the Prooortionate fair-share revenues were derived. Prooortionate fair-share revenues also ma'{ be used as the 50% local match for fundina under the FDOT TRIP. 8. In the event a scheduled f8cilityimorovement is removed from the CIE. then the revenues collected for its construction may be aDDlied toward the construction of another improvement within that same corridor or sector that would mitiaate the imDacts of develoDment Dursuant to the reouirements of ( 4)b. above. b. Where an aoolicant constructs a transoortation facility that exceeds the aoDlicant' s prooortionate fair-share obligation calculated under the provisions of this chaoter. the City shall reimburse the aoolicant for the excess contribution using one or more of the foIlowina methods: 1. An imDsct fee credit account may be established for the aODlicant in the amount of the excess contribution. a DOrtion or all of which may be assigned and reassigned under the terms and conditions acceotable to the City. 2. An account may be established for the aDOlicant for the ouroose of reimbursina the aoolicant for the excess contribution with Drooortionate fair-share Davments from future aoolicants on the facilitv . 3. The City mav comoensate the apolicant for the excess contribution throuah oaYment or some combination of means acceotable to the City and the aoDlicant. 11) Prooortionate Share Proaram for TCEAs. TCMAs and MMTDs If the City has imolemented the conceot of Transoortation Concunencv Manaaement Areas. as described in Section 163. 3180( 7), F.S.. or Multimodal Transoortation Districts. as described in Section 163. 3180( 15),F. S.. or Transoortation Concurrencv Exceotion Areas. as described in Section 163. 3180( 5), F. S.. then the City may establish a DroDOrtionate fair share assessment within said District(s). based on the exoected costs and transoortation benefits of all the oroarammed imorovements within that District. and based on the exoected trio aeneration of the orooosed devetooment. 9  12' Cross Jurisdictionallmoacts In the interest of interaovemmental coordination and to reflect the shared re5000sibitities for manaaina develooment and concurrenCY. the City may enter an aareement with one or more adiacent local aovemments to address cross iurisdictional imoacts of develooment on regional transoortetion facifities. The aareement shall Drovide for aODlication of the methodoIoav in this section to address the cross iurisdictional transoortetion imoacts of deveIooment. a. A deveIooment aoolication submitted to the CitY subject to a