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<br />NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, AS FOLLOWS: <br /> <br />SECTION 1. The Code of Ordinances of the City of Casselberry, Florida, is hereby <br />amended by adding a new section to be numbered Section 3-9.11, which Section shall read as <br />follows: <br /> <br />Sec. 3-9.11 Proportionate fair-share alternative proaram. <br /> <br />(A) Purpose and intent <br />The purpose of this ordinance is to establish a method whereby the impacts of development on <br />transportation facilities can be mitigated by the cooperative efforts of the public and private <br />sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner <br />consistent with 9163.3180(16), Florida Statutes. <br /> <br />(B) Applicability <br />The Proportionate Fair-Share Program shall apply to all developments in the City that impact a <br />road segment in the City's Concurrency Management System (CMS) and have been notified of a <br />failure to achieve transportation concurrency on a roadway segment or segments. The <br />Proportionate Fair-Share Program does not apply to developments of regional impact (DR Is) <br />using proportionate share under 9163.3180(12), Florida Statutes, developments meeting the de <br />minimis standards under 9163.3180(6), Florida Statutes, or to developments exempted from <br />concurrency as previously provided in section 3-9.4, as amended from time to time, of this <br />chapter. <br /> <br />(C) General requirements <br />(1) An applicant may choose to satisfy the transportation concurrency requirements of <br />the City by making a proportionate fair-share contribution, pursuant to the following <br />requirements: <br /> <br />(a) The proposed development is consistent with the comprehensive plan and <br />applicable land development regulations. <br /> <br />(b) The City's Five Year Capital Improvement Program (CIP) includes a <br />transportation improvement(s) that, upon completion, will accommodate <br />additional traffic generated by the proposed development, as determined by the <br />City Staff. <br /> <br />(2) The Public Works Director may choose to allow an applicant to satisfy transportation <br />concurrency through the Proportionate Fair-Share Program by contributing to an <br />improvement that, upon completion, will accommodate additional traffic generated by the <br />proposed development, as projected by City staff using the best available data and <br />methodologies, but is not contained in the capital improvement program where one of <br />the fOllowing apply: <br /> <br />Ordinance 06.1207 <br />Page 2 of 5 <br />