§ 74. Proportionate fair-share program.

(a)

Purpose and Intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate fair-share program, as required by and in a manner consistent with F.S. § 163.3180(16).

(b)

Applicability. The proportionate fair-share program shall apply to all developments that fail to meet the standards of the town's land development regulations or comprehensive plan on a roadway within the town that is not the responsibility of Palm Beach County, the Florida Department of Transportation (FDOT) or another agency. The proportionate fair-share program does not apply to the following:

(1)

Collector and arterial roads which are not the responsibility of the town pursuant to section 1.3(4) of the Charter of Palm Beach County, Florida. However, a traffic concurrency letter from the county is required to be submitted by the applicant certifying compliance with the county-wide traffic performance standards ordinance adopted pursuant to the county charter prior to the issuance of a development order by the town.

(2)

Developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12).

(3)

Projects exempted from this division.

(4)

Projects that received traffic concurrency approval prior to December 1, 2006.

(5)

Individual single family homes.

(6)

Vested projects.

(c)

General Requirements. An applicant may choose to satisfy the level of service (LOS) for capital road facilities by making a proportionate fair-share contribution, so long as each of the following requirements are met:

(1)

The proposed development is consistent with the comprehensive plan and applicable land development regulations.

(2)

The road improvement necessary to maintain the LOS for capital road facilities is identified in the five-year schedule of capital improvements in the capital improvements element (CIE) of its comprehensive plan.

(3)

Any improvement project proposed to meet the developer's fair-share obligation shall meet the town's design standards for locally maintained roadways.

(d)

Intergovernmental Coordination. Pursuant to policies in the intergovernmental coordination element of the comprehensive plan, the town shall coordinate with Palm Beach County and other affected jurisdictions such as FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation.

(e)

Application Process.

(1)

In the event of a lack of capacity to maintain the LOS for capital road facilities, the applicant shall have the opportunity to satisfy LOS for capital road facilities requirements through the proportionate fair-share program subject to the requirements of subsection (c).

(2)

Prior to the submittal of an application, eligible applicants shall schedule a pre-application meeting with town staff. Subsequent to the pre-application meeting, eligible applicants shall submit a completed development application and all documentation requested by the town. The applicant shall be required to pay a reasonable fee for the cost of reviewing the application, said fee to be set by resolution of the town commission. If the impacted facility is on the strategic intermodal system (SIS), then FDOT will be notified and invited to participate in the pre-application meeting. The town shall also have the option of notifying and inviting Palm Beach County.

(3)

Town staff shall review the application and certify that the application is sufficient and complete within fourteen (14) working days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program as indicated in subsection (c), then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within thirty (30) days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the town, unless the town determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the town may extend the deadline as deemed appropriate by the town.

(4)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(5)

When an application is deemed sufficient and complete in accordance with subsection (3), above, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement prepared by the town shall be executed by the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than sixty (60) days from the date at which the applicant received the notification of a sufficient and complete application. If the agreement is not received by the town within these sixty (60) days, then the application will be deemed withdrawn and all fees forfeited to the town, unless the town determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the town may extend the deadline as deemed appropriate by the town.

(6)

No proportionate fair-share agreement will be effective until approved by the town through an administrative approval.

(f)

Determining Proportionate Fair-Share Obligation

(1)

Proportionate fair-share mitigation for capital road facilities LOS impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

(2)

A development eligible for participation under the proportionate fair-share program 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 regardless of the method of mitigation.

(3)

The methodology used to calculate a development's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS.

OR

Proportionate Fair-Share=σ[[(Development Trips;sub    \sub;)/(SV Increase;sub    \sub;)] × Cost;sub    \sub;]

Where:

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 town's concurrency management system;
SV Increase;sub    \sub;	=	Service volume increase provided by the eligible improvement to roadway segment "i" per subsection (c);
Cost;sub    \sub;	=	Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred.

 

(4)

For the purposes of determining proportionate fair-share obligations, the town shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur.

(5)

If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the town or by some other method approved by the town.

(g)

Impact Fee Credit for Proportionate Fair-Share Mitigation.

(1)

Proportionate fair-share contributions shall be applied as a credit against road fair share contributions (impact fees) as set forth in the Town Code to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated thereby.

(2)

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed project. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed project cannot be transferred to any other project.

(h)

Proportionate Fair-Share Agreements

(1)

Upon execution of a proportionate fair-share agreement ("agreement"), the applicant shall receive a certification of concurrency reservation for capital road facilities. Should the applicant fail to apply for a development permit within twelve (12) months, then the agreement shall be considered null and void, and the applicant shall be required to reapply, unless the town and the applicant mutually agree to an extension.

(2)

Payment of the propertionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be non-refundable. If the payment is submitted more than ninety (90) days from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to subsection (f) and adjusted accordingly.

(3)

In the event an agreement requires the applicant to pay or build one hundred (100) percent of one (1) or more road improvements, all such improvements shall be commenced prior to issuance of a building permit and assured by a binding agreement that is accompanied by a performance security, as determined by the town, which is sufficient to ensure the completion of all required improvements.

(4)

Dedication of necessary rights-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit.

(5)

Any requested change to a development subsequent to the issuance of a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require additional 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 paid to the town will be non-refundable.

(i)

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 CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the fifty (50) percent local match for funding under the FDOT TRIP, or any other matching requirement for State and Federal grant programs as may be allowed by law.

(2)

In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within the town that would mitigate the impacts of development pursuant to the requirements of subsection (c).

(Ord. No. 228-139-94, § 2, 1-8-07)