§ 70-7. Proportionate fair-share option.

(a)

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)

The Proportionate Fair-Share Program as set forth in this section shall apply to all developments in the city that impact a road segment in the city concurrency management system and have been identified by the city's engineer or traffic consultant as falling below the LOS set for that road segment or segments. The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate share under F.S. § 163.3180(12), or to developments meeting the de minimis standards under section 70-6(e).

(c)

An applicant may choose to satisfy the transportation concurrency requirements of the city by making a proportionate fair-share contribution, if the proposed development is consistent with the following requirements:

(1)

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

(2)

The five-year capital improvements element of the City of Belleair Beach comprehensive plan (CIE) or the long-term schedule of capital improvements for an adopted long-term concurrency management system includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the city transportation concurrency management system. The provisions of section 70-6(d) may apply if a project or projects needed to satisfy concurrency are not presently contained within the CIE or an adopted long-term schedule of capital improvements.

(d)

The city may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by contributing to an improvement that, upon completion, will accommodate additional traffic generated by the proposed development but is not contained in the CIE where one of the following apply:

(1)

The city adopts by resolution or ordinance, a commitment to add the improvement to the CIE or long-term schedule of capital improvements for an adopted long-term concurrency management system no later than the next regular update. To qualify for consideration under this section, the proposed improvement must be approved by the city council and after review by the city manager or his designee and must be determined to be financially feasible, consistent with the comprehensive plan, and in compliance with the provisions of this article.

(2)

If the funds in the adopted CIE are insufficient to fully fund construction of a transportation improvement required by the concurrency management system, the city may require a proportionate fair-share payment for another improvement which will, in the opinion of the city, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component must be adopted into the CIE at the next annual capital improvements element update and approved by the city council after review by the city manager or his designee.

(e)

Any improvement project proposed to meet the developer's fair-share obligation must meet the design standards for the city. In addition, any such improvement project performed upon a state or Pinellas County roadway must meet the design standards of the State of Florida or Pinellas County, respectively.

(f)

An applicant desiring to satisfy the transportation concurrency requirements of the city by making a proportionate fair-share contribution shall:

(1)

Upon notification of a failure to satisfy transportation concurrency, submit a proposed proportionate fair-share calculation to the city for review.

(2)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the Strategic Intermodal System requires the concurrence of the Florida Department of Transportation (FDOT); and

(3)

Enter into a binding written agreement providing for the fair-share contribution as provided for in section 70-6(d).

(g)

When a proportionate fair-share calculation is deemed sufficient and eligible, a development order will be prepared between the city and the applicant. The stipulations of the development order shall include but not be limited to the amount of payment, description of work and timing of payment.

(h)

In determining the proportionate fair-share obligation the following shall apply:

(1)

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

(2)

A development 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 an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

a.

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 anticipated construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS. For purposes of this subsection, "construction costs" includes all associated costs of the improvement or

b.

Proportionate Fair-Share = σ[(Development Trips(;sub    ..... sub;)/(SV Increase(;sub   

Where:

Development Trips(i) = Those trips from the development that are assigned to roadway segment (i) and have triggered a deficiency per the concurrency management system;

SV Increase(i) = Service volume increase provided by the eligible improvement per section 70-7(c) to roadway segment (i);

Cost(i) = Adjusted costs of the improvement to segment (i). Such costs shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, permitting, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred.

(i)

For the purposes of determining proportionate share obligations, the city shall determine improvement costs based upon the anticipated cost of the improvement as obtained from the CIE, the MPO/TIP or the FDOT Work Program. Where such information is not available, improvement cost shall be determined using one of the following methods:

(1)

An analysis by the city of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the city council. Such costs shall include, but are not limited to, all improvements and associated costs, such as design, right-of-way acquisition, planning, permitting, engineering, inspection, and physical development costs directly associated with construction. In order to accommodate increases in construction material costs, project costs shall be adjusted by inflation factors; or

(2)

The most recent issue of FDOT "Transportation Costs", as adjusted based upon the type of cross section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT work program shall be determined using this method in coordination with the FDOT district.

(3)

In order to conduct an analysis of cost and related issues, the city may retain the services of a transportation planner or engineering consultant to assist the city in analyzing a development proposal for its proportionate fair-share obligations, the cost of which is paid by the developer to the city prior to the city processing and review of a development application and issuance of the development order or permit.

(j)

If the city 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 subsection (i) above.

(k)

If the city has accepted right-of-way dedication for all or a portion of the proportionate fair-share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of dedication by appropriate city staff or, at the option of the applicant, by fair market value established by an independent appraisal approved and hired by the city and paid for by the applicant at no expense to the city. 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 city at no expense to the city. If the estimated value of the right-of-way dedication proposed by the applicant is less than the city estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference.

(l)

An applicant desiring to satisfy the transportation concurrency requirements of the city by making a proportionate fair-share contribution shall receive an impact fee credit as follows:

(1)

Proportionate fair-share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the city's impact fee ordinance.

(2)

Impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced as they become due per the city's impact fee ordinance. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the city pursuant to the requirements of the impact fee ordinance.

(3)

Any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other parcel or parcels of real property within the city.

(m)

Revenues received from an applicant desiring to satisfy the transportation concurrency requirements of the city by making a proportionate fair-share contribution shall be apportioned as follows:

(1)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the city capital improvements program or the long-term concurrency management system.

(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 that same corridor that would mitigate the impacts of development pursuant to the requirements of section 70-7(d)(2).

(n)

Any such transportation improvements authorized under this section and which are to be completed by the developer in order to meet a proportionate fair share contribution must be completed prior to issuance of a development permit, 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 building permits or certificates of occupancy.

(o)

Dedication of necessary right-of-way for transportation facility improvements in order to meet a proportionate fair share contribution must be completed prior to issuance of the final development order or recording of the final plat.

(p)

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.

(Ord. No. 06-13, § 4, 1-8-2007)